The standards and requirements applying to all
districts regulate activities, uses, structures and conditions that
may be present on a property whether or not a principal building or
use is present. These requirements contribute to and promote the health,
safety, comfort, beauty, conveniences and/or necessities of the property's
occupants, the immediate neighborhood and the DeWitt community.
A.
Minimum requirements. In addition to other requirements
outlined in this chapter, all permitted uses, activities, conditions
and/or structures shall comply with the following minimum requirements.
All permitted uses, activities and structures shall:
(1)
Be carried on only in buildings and structures in
such a manner to maintain the property free of fire hazards, flooding
and other dangers.
(2)
Be conducted wholly within an enclosed building, except
where specifically exempt in this chapter or as expressly permitted
by action from the Town body having jurisdiction.
(3)
Adhere to the standards and requirements specified
in this chapter as they relate to, but not limited to, architecture
and site design, parking, drainage, sanitary provisions and safe access.
(4)
Be accessible to disabled persons in accordance with
the Americans with Disabilities Act and maintain adequate parking
and provide for disabled persons in accordance with the Americans
with Disabilities Act.
(5)
Maintain landscaping as required in this chapter.
(6)
Maintain and limit signs as required in this chapter.
(7)
Maintain the entire property and improvements thereon
in a clean, sanitary and safe manner as required in this chapter and
any other Town, county, state or federal requirements.
B.
Determination of compliance with requirements.
(1)
During the review of an application for any zoning
approval, the applicant shall be required to submit data and evidence
documenting that the proposed activity, facility or use will comply
with the provisions of this chapter.
(2)
In reviewing such documentation, the Town may seek
the assistance of any board or agency of the Town and any public agency
having jurisdiction or interest in the particular issues, and the
Town may seek advice from a qualified technical expert.
(3)
All reasonable costs of the expert's review and report
shall be paid by the applicant.
(4)
A negative report by the technical expert and the
applicant's refusal or inability to make alterations to ensure compliance
with this section shall be a basis for denying approval of the application.
C.
Review and approval. The Planning Board may modify
any requirement imposed by this article when it finds such action
is warranted by reason of the unique physical conditions of the particular
property or by reason of the particular character of surrounding properties,
provided the modification will not materially alter the intent of
the requirement.
All building mechanical systems, including but
not limited to air-conditioning units, exhaust systems, communications
equipment, satellite dishes, fire escapes, elevator housings, and
other similar elements, shall be integrated into the overall design
and character of the building and site, with care to remotely locate
or screen the same from adjoining uses.
The Town encourages quality design and creative
treatment of modern design subjects. In so doing, care shall be taken
in the design of a building and site to incorporate site features
and neighboring relevant architectural elements into architecture
and site planning.
A.
Additions, modifications, repairs or expansions to
single-family dwellings shall be of a design consistent with the present
architecture and shall be constructed of the same materials.
B.
For projects other than single-family dwellings, the
Design Guidelines shall be used, along with this chapter, in all phases
of design and development.
C.
All buildings constructed in the Town, including single-family
dwellings, shall be constructed utilizing a structural foundation
wall that extends below the frost level and includes vertical and
horizontal insulation. The Planning Board may waive this requirement
for accessory buildings for nonresidential use upon the specific findings
that:
A.
Dumpsters. Dumpsters must be completely screened from
view from any abutting residence, residential district, public street
or walkway with screening that is at least as tall as the dumpster.
This provision shall apply to all dumpsters, including those used
for the collection and storage of recyclable materials, whether public
or private.
B.
Refuse collection areas.
(1)
Refuse areas and similar facilities shall be completely
enclosed within a masonry wall or fence that is compatible with the
building materials and shall be at least six feet high on three sides
while maintaining a 100% visual blockage on all three sides and a
self-closing gate on the fourth side of the same or compatible material
with the other sides. All screening shall be maintained in such manner
as to present a neat and orderly appearance at all times.
(2)
Refuse areas shall have hardened, stabilized surfaces
constructed to prevent accumulation of stormwater runoff.
(3)
All refuse collection areas shall be at the side or
rear of the buildings. All refuse collection areas shall be effectively
designed to contain all refuse generated on site and deposited between
collections.
(4)
Refuse shall not be visible from outside the refuse
enclosure.
(5)
Refuse collection areas shall be so located upon the
lot as to provide clear and convenient access by refuse collection
vehicles.
C.
Exterior
donation containers.
[Added 1-21-2015 by 1-2015]
(1)
Site
plan review by the Planning Board is required for proposed donation
containers.
(2)
All
containers shall be new or refurbished and maintained in a like-new
condition.
(3)
Containers
shall be managed such that no donated materials are left outside of
the container.
(4)
Container
signage shall be the minimum necessary to identify the use. Instructions
and contact information shall be a small sign visible while standing
adjacent to the container.
(5)
In
general, containers shall be located so they are not visible from
adjacent roads and property lines.
A.
In the case of a corner lot, each yard abutting a
street shall have a minimum depth equal to the front yard depth of
the adjacent lot on the same street or the front yard depth required
for the district in which such adjacent lot is located, whichever
is the greater and, if in a residential district, shall be unoccupied
except for fences and/or other decorative or landscaping use.
B.
Except as provided below, each other yard of such
corner lot shall have a minimum width equal to the width of the side
yard which it adjoins or the side yard width of the district in which
such adjoining side yard is located, whichever is the greater and,
if such corner lot is in a residential district, shall be unoccupied
adjacent to the boundary of the adjoining yard to such minimum width
except for fences and/or other decorative or landscaping use.
[Amended 9-8-2008 by L.L. No. 6-2008]
C.
In all districts, corner lots shall be of a larger
size and in residential districts shall be 50% larger with a minimum
width along all streets of 20% more than the district requires.
D.
Where the corner lot is not in a residential district,
but abuts a residential district, each yard not abutting a street
but abutting a residential district shall be considered a rear yard.
[Added 9-8-2008 by L.L. No. 6-2008]
A.
In a residential district, a fence or wall may be
installed at the outside perimeter of the property line a minimum
of six inches therefrom and may be no more than 48 inches high in
the front yard nor more than six feet high at the rear and side property
lines. A fence or wall shall be uniform in design, of natural material,
chain link or vinyl, with the finished side facing adjoining properties.
B.
At all street intersections there shall not be constructed
any obstructions to sightlines of vehicular traffic.
C.
In other than residential districts, the placement
thereof, together with the restrictions imposed thereby, for a proposed
fence or wall shall be determined through site plan review.
A.
At all street intersections, a clear sight triangle
shall be maintained from 30 inches in height and above formed by the
street lines on such lot and a line drawn between points along such
street right-of-way 30 feet distant from the point of intersection,
with the exception of necessary signage or approved landscaping.
A.
There shall be no activities or storage involving
flammable and/or explosive materials without adequate safety devices
against the hazard of fire and explosion and adequate fire-fighting
and fire-suppression equipment and devices.
B.
There shall be no burning of waste materials.
C.
There shall be no storage of crude oil or any of its
volatile products or other highly flammable liquids in aboveground
tanks except in accordance with New York State regulations, as amended.
A.
In all districts, a detached accessory building or
structure shall be placed no nearer to a side property line than allowed
in the zoning district in which the principal building or structure
is located and no nearer to a rear property line than five feet, and
for each foot the height of such building or structure exceeds 12
feet, this distance shall be increased by one foot. No detached accessory
building or structure shall be constructed nearer the front property
line than the rear of the main building or, in the case of a corner
lot, nearer to the side street line than the setback of the principal
building from the side street.
[Amended 4-11-2011 by L.L. No. 4-2011[1]]
B.
Residential use.
(1)
Number of accessory buildings allowed.
(a)
A single-family dwelling on a lot less than
40,000 square feet may have one detached freestanding accessory building,
provided the size of the garage or accessory building is no greater
than 460 square feet when the building coverage exceeds 15%. When
the building coverage is equal to or less than 15%, then the size
of a detached accessory building, when added to the floor area of
the existing structures, shall not exceed the building coverage of
the district in which it is located.
(b)
On lots greater than or equal to 40,000 square
feet, a total of two detached accessory buildings are allowed, provided
the building coverage and setbacks of the district are met.
(2)
A small, detached, movable accessory building of 100
square feet or less may be permitted if there are no other detached
accessory buildings of more than 460 square feet and no current or
proposed building violates bulk, height, setback or coverage requirements
of this chapter. Such building shall be placed no nearer to a side
or property line than five feet.
(3)
Any detached accessory building(s) exceeding 100 square
feet shall complement the residence in roof pitch, eave treatment,
openings, finish materials and color.
There shall be no activities that produce any
material effect on the temperature, motion or humidity of the atmosphere
at the lot line or beyond.
A.
Purpose and treatment. It is the intent of this section
to encourage quality landscape design, construction and maintenance
for the purposes of environmental preservation; heat, glare and wind
reduction; site beautification; and buffering or screening. For purposes
of this section, the landscaped area shall include the area required
or permitted, under this section, to be devoted to landscaping, water
features and environmental improvement, which may include existing
and new vegetation, berms, lighting, site and street furnishings and
ornamental features which are integrated with the vegetation. The
following standards shall be considered minimum standards and shall
be observed for all projects.
B.
General requirements.
(1)
In general, site design shall preserve existing natural
features and trees of six inches or more in caliper while serving
to safely and efficiently allow for the intended use of the property
in a manner compatible with adjoining properties.
(2)
All landscaping and lawn areas shall be maintained.
Dead material shall be replaced, and plant material shall be regularly
pruned and nourished to maintain health.
(3)
Where buffering and screening are required, the Design
Guidelines shall be considered minimum requirements due to the critical
nature of these landscape applications.
(4)
Erosion control plans shall be incorporated into all
landscape plans.
(5)
Bufferyards.
(a)
In addition to standard setbacks and the planting
requirements outlined in this section, additional bufferyards shall
be used to establish a greater separation where dissimilar land uses
are located adjacent to each other. Careful site planning can minimize
the need for constructed bufferyards by the preservation of natural
topographic features, preservation of vegetation and sensitive location
of site improvements and land uses.
(b)
The type and extent of plantings, fencing and
walls required for bufferyards shall be proportionally greater for
increased degrees of incompatibility among adjacent land uses.
(6)
Wetland-adjacent
area. Areas located within the NYSDEC-regulated one-hundred-foot wetland-adjacent
area shall be maintained as a buffer area. In the event the NYSDEC
permits impervious areas within the buffer area, including but not
limited to structures and parking lots, such impervious areas shall
be designed so as to preserve the function of the wetland buffer;
be subject to all other requirements of the Town of DeWitt Zoning
Code and site plan review. Such modifications shall be calculated
as part of a stormwater management plan or SWPPP, and where appropriate,
projects may be required to provide for additional mitigation measures
such as no-mow zones, native buffer plantings, permeable pavement,
and other green infrastructure practices so as to preserve said wetland
functions and values. Modifications to grades and stormwater management
facilities may be located within the buffer area, if permitted by
the NYSDEC and site plan review, but shall be maintained as natural
and/or landscape area. The adjacent area is defined in 6 NYCRR Part
663.2(b), as revised, as those areas of land or water that are outside
a wetland and within 100 feet, measured horizontally, of the boundary
of the wetland.
[Added 4-11-2011 by L.L. No. 4-2011; amended 9-14-2015 by L.L. No. 3-2015]
A.
Location of required loading spaces. Loading spaces
shall be located on the same lot as the building or structure to which
they are accessory.
B.
Required spaces. Loading spaces shall be provided
in sufficient number and of sufficient size so that no loading and
unloading operations infringe upon any street or sidewalk.
A.
Location of required parking. A parking area or lot
shall be located on the same lot as the building, structure or use
to which the spaces are accessory.
B.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this
chapter is changed to a new use, parking facilities shall be provided
as required for such new use, except that when any such legally established,
existing use was deficient in required parking spaces on such effective
date, such new use may be established with a deficiency in required
parking spaces equal in number but not more than such preexisting
deficiency.
(2)
Whenever the intensity of use of any building, structure
or use is increased, parking facilities shall be provided for such
increase in intensity of use.
(3)
All new or substantially modified properties or uses
shall provide, to the maximum extent possible as part of the site
plan review process, shared or connected parking with adjoining properties
as well as shared or combined access from the streets.
C.
Measurement and computation.
(1)
Computation of required spaces.
(a)
In stadiums, sports arenas, churches and other
places of assembly in which patrons or spectators occupy benches,
pews or other similar seating facilities, each 18 inches of such seating
facility shall be counted as one seat for the purpose of determining
the requirement for off-street parking facilities under this chapter.
(b)
When parking spaces are required on the basis
of the number of faculty, staff, students or employees, the maximum
number which may be present at any one time shall govern.
(2)
Uses not specified. For uses not expressly listed
in this section, parking spaces shall be provided on the same basis
as required for a similar listed use as determined by the Department
using the ITE Parking Generation Manual, 3rd Edition, as amended,
and local conditions.
D.
Required parking spaces schedule. If the computation
of required spaces results in a number that includes a fractional
space, a full space shall be added to the required number.
[Amended 9-8-2008 by L.L. No. 6-2008; 1-21-2015 by L.L. No.
1-2015]
|
Structure
|
Number of Parking Spaces
(minimum)
|
|---|---|
|
Single- and 2-family dwellings
|
2 for each dwelling unit
|
|
Multiple-family dwellings
|
2 for each dwelling unit
|
|
Bed-and-breakfast
|
1 per guest room plus 1 for owner
|
|
Motels and hotels
|
1 for each guest bedroom
|
|
Churches, auditoriums, theaters, funeral homes
and other places of public assembly
|
1 for each 3 seats at maximum capacity
|
|
Offices
|
1 for each 150 square feet of gross floor area
|
|
Stores and shopping centers:
| |
|
0 square feet to 50,000 square feet of gross
floor area
|
1 for each 150 square feet of gross floor area
|
|
50,000 square feet to 150,000 square feet of
gross floor area
|
333, plus 1 for each 165 square feet of gross
floor area in excess of 50,000 square feet
|
|
150,000 square feet to 400,000 square feet of
gross floor area
|
939, plus 1 for each 270 square feet of gross
floor area in excess of 150,000 square feet
|
|
400,000 square feet of gross floor area and
up
|
1,865, plus 1 for each 285 square feet of gross
floor area in excess of 400,000 square feet
|
|
Industrial or manufacturing
|
1 for each 500 square feet of gross floor area
|
|
Warehousing
|
2 for each employee
|
|
Restaurants, cafes
|
1 for each 60 square feet of gross floor area
|
|
Other commercial enterprises
|
1 for each 300 square feet of gross floor area
|
|
Hospitals and nursing homes
|
1 for each 4 patients or residents
|
E.
Location.
(1)
Up to 50% of the parking spaces required by this section
may be otherwise located off site as approved by the Planning Board
upon findings that:
(a)
It is impractical to provide parking on the
same lot with the structure.
(b)
The required space is fully provided in a permanent,
safe and easily accessible manner.
(c)
The off-site parking area is within 500 feet
of the parcel or use it is supporting and within the same or a less
restricted district.
(2)
Up to 25% of the parking spaces required in this section
for stores and shopping centers use, that are greater than 10,000
square feet in gross floor area, and office use may be landscaped
and reserved for future parking upon approval of the Planning Board
and subject to the following conditions.
[Amended 4-11-2011 by L.L. No. 4-2011; 1-21-2015 by L.L. No.
1-2015]
(a)
The parking reserve plan shall show the location
and layout of the parking held in reserve, and all other parking and
access, together with all stormwater facilities which shall be sized
to accommodate the reserve parking and any other amenities that would
be necessary if the reserved parking were built.
(b)
The applicant shall also submit competent information
to justify the reservation.
(c)
If any of the reserve parking is to be constructed,
initiated by the applicant or as provided for below, the applicant
shall first obtain site plan review approval from the Planning Board.
(d)
Within 30 days from the date of a written notice
from the Department, based upon a departmental observation that parking
at the facility is insufficient, the applicant/owner of the facility
shall file an application for site plan review. The applicant/owner
shall diligently pursue such approval and subsequent construction
of additional parking as may be required by site plan review. The
observation that parking has become insufficient shall include the
following or similar circumstances: a) regular or significant numbers
of vehicles parked in unapproved areas of the site; b) off-site parking
on neighboring properties; or c) parking on public streets. Such evidence
must be of a continuous nature rather than a single occurrence (e.g.,
some special event or a "renegade parker").
(3)
In residential districts:
(a)
No parking shall be located in the required front yard setback except in a legal driveway that provides access to the residence and further subject to Chapter 161, Streets and Sidewalks.
(b)
In no event shall a motor vehicle or trailer
over 22 feet long or tractor trailer cab, regardless of length, be
parked on any public highway, right-of-way or parcel of land.
(4)
For all nonresidential districts, parking may be permitted
between a building and the street.
(5)
Maneuvering space. Maneuvering space shall be located
completely off the right-of-way of a public street, place or court
unless otherwise approved by the appropriate authority.
(6)
Pedestrian circulation. A continuous internal sidewalk
and/or pathway of five feet or more in width shall generally be provided
from the walkway along the street to the principal entrance(s) of
any building together with linkage to adjacent properties in a continuous
path compliant with the Americans with Disabilities Act (ADA) standards.
(7)
Space sizes. The following minimum standards shall
apply to the width and length of required parking spaces.
[Amended 4-11-2011 by L.L. No. 4-2011]
|
Type of Parking
|
Angle
(degrees)
|
Stall Length
|
Stall Width
|
Aisle Width
|
|---|---|---|---|---|
|
Traditional
|
90
|
19 feet 0 inches
|
9 feet 6 inches
|
24 feet 0 inches
|
|
Traditional
|
60
|
21 feet 0 inches
|
9 feet 6 inches
|
one-way 18 feet 0 inches
|
|
Traditional
|
45
|
19 feet 10 inches
|
9 feet 6 inches
|
one-way 13 feet 0 inches
|
|
Handicapped*
|
90
|
19 feet 0 inches
|
8 feet 0 inches
|
24 feet 0 inches
|
|
Handicapped*
|
60
|
21 feet 0 inches
|
8 feet 0 inches
|
one-way 18 feet 0 inches
|
|
Handicapped*
|
45
|
19 feet 10 inches
|
8 feet 0 inches
|
one-way 13 feet 0 inches
|
|
NOTES:
| |
|---|---|
|
Vertical clearance equals or exceeds 7 feet
0 inches.
| |
|
*
|
Loading area abutting stall shall be 8 feet
0 inches. All handicapped dimensions shall be the greater of those
specified above or as provided for in any law promulgated by any government
having jurisdiction.
|
(8)
Surface.
(a)
Off-street parking lots shall be constructed
in such a manner so as to provide an all-weather, durable and dustless
surface. Individual stalls shall be clearly identified by markings
no less than four inches in width.
(b)
Parking surfaces shall be graded and drained
to an approved drainage system to dispose of all surface water accumulation
in the area without shedding additional water on an adjoining property
or right-of-way.
(c)
The use of interior catch basins linked to an
approved drainage system shall be used.
F.
Parking in the Hamlet District.
[Added 9-8-2008 by L.L. No. 8-2008]
(1)
If parking is provided, it should be located
on the side or rear of the primary structure, or otherwise screened
from the street(s).
(2)
Except for single-family dwellings, driveways
and parking lots shall be hard surfaced.
(3)
Parking lots shall be landscaped with trees
and continuous ground cover in curbed islands. One tree shall be planted
for every five parking spaces.
G.
Parking in Mixed-Use Village Overlay District.
[Added 6-4-2018 by L.L.
No. 2-2018]
(1)
Off-street parking requirements shall comply with § 192-103 of the Town Zoning Code, or as modified below and further within this section.
(a)
Schedule of parking requirements (per square feet net floor
area).
|
COMMERCIAL USES
Minimum Parking Spaces
| |
|---|---|
|
Office, professional (not including medical offices)
|
3 per 1,000 square feet
|
|
Retail sales and service over 2,000 but less than 25,000 square
feet
|
3.5 per 1,000 square feet
|
|
Shopping center and retail sales and service (25,000 to 200,000
square feet)
|
3 per 1,000 square feet, plus 1 per 5 seats in sit-down restaurants
and theaters
|
|
Note: When calculating total spaces, round up to the nearest
whole number.
|
(2)
The Planning Board may modify the parking requirements in a
Mixed-Use Village Overlay District development in accordance with
the following:
(a)
Except for parking count, any or all parking requirements contained in § 192-103 may be waived or modified by the Planning Board. The parking count may be modified upon findings that:
(b)
Off-site parking as described in § 192-103E(1) may be anywhere within the subdivision upon findings by the Planning Board that it can be utilized practically.
(c)
Reserve parking, as described in § 192-103E(2) and limited to office use, may be expanded to include all uses authorized within the district in which the subdivision is located except for restaurants upon findings by the Planning Board that adequate parking will be provided.
(d)
Public on-street parking can be utilized to satisfy parking
counts upon approval of the Town Engineer and the Planning and Zoning
Department.
(e)
Parking spaces provided for residential use may be counted toward
commercial uses upon Planning Board finding that the commercial and
residential uses are suitable for shared parking.
(3)
All new or expanded parking areas must be located in the rear
or side yards of the building. No new or expanded parking areas are
permitted in the front yard for new construction. For the purposes
of this provision, parking on corner lots shall have one front yard
and one side yard; Planning Board shall determine primary street and
associated front and side yards.
(4)
Both rear parking lots and parking garages or decks may be constructed.
Parking deck facades must have the appearance of horizontal storied
buildings, be of similar paint or material tone as surrounding buildings
and have storefront treatment on ground floor. Parking decks and garages
must contain retail, office or civic uses along the frontage on the
first floor.
(5)
Parking facilities must be readily accessible by pedestrian
pathways and sidewalks with a maximum of one curb cut per side.
(6)
A parking lot or garage may not be adjacent to a square or adjacent
to or opposite a street intersection or occupy lots that terminate
a street vista.
(7)
No special restrictions shall apply to below ground parking
facilities.
A.
Minimum number of spaces. In addition to minimum parking
requirements established in this chapter, the following stacking or
queuing areas are required:
|
Activity Type
|
Minimum Stacking Spaces Per Lane or Stall
|
Measured From
|
|---|---|---|
|
Automated teller machine
|
4
|
Teller
|
|
Bank teller lane
|
5
|
Teller or window
|
|
Car wash stall, self-service
|
3
|
Entrance
|
|
Gasoline pump island
|
2
|
Pump island
|
|
Pharmacy
|
4
|
Window
|
|
Restaurant drive-through
|
6
|
Order box
|
|
Restaurant drive-through
|
4
|
Order box to pickup window
|
|
Oil change and/or quick lubrication
|
3
|
Per bay
|
|
Other
|
Determined by Department
|
A.
Residential districts.
(1)
Outdoor storage shall be prohibited in the front yard
except as noted herein.
B.
Nonresidential districts, excluding industrial districts.
(1)
Outdoor storage shall not be allowed in the front
yard.
(2)
Outdoor storage shall not occupy more than 10% of
the entire lot area and shall meet the following criteria:
(a)
All outdoor storage shall be fully screened
to ensure the area is not visible from the public right-of-way or
adjacent residential districts.
(b)
Screening shall be of sufficient height and
density to completely hide the storage from public view.
(c)
All screening shall be maintained in such a
manner as to present a neat and orderly appearance at all times.
[Added 4-11-2011 by L.L. No. 4-2011]
Outdoor wood boilers and smokehouses shall be considered accessory
uses in the Town of DeWitt.
A.
The
New York State Department of Environmental Conservation regulations
and specifically 6 NYCRR Part 247, as amended, shall govern the use
of outdoor wood boilers in the Town.
A.
Purpose.
(1)
The purpose of this section is to provide standards
for the regulation of the height, size, location, message, appearance
and maintenance of signs to:
(a)
Protect and enhance property values and neighborhood
character.
(b)
Protect public and private investment in buildings
and open spaces.
(c)
Preserve and improve the appearance of the Town
as a place to live and work and as an aid to visitors.
(d)
Encourage sound signing practices to identify
businesses, institutions and facilities.
(e)
Prevent excessive and confusing sign displays.
(f)
Reduce distractions to motorists and pedestrians.
(g)
Protect the public health, safety and general
welfare.
(2)
Signage shall be designed and located to convey the
identity of the principal use or service in a simple manner with care
to complement the architectural integrity of the building(s).
B.
Procedure. A development permit may be issued by the Department upon application unless site plan review is required or unless a letter of approval is required per § 192-106I or no approval or permit is required per § 192-106C, or unless it is a window sign complying with § 192-106H(4).
(1)
A sign permit is required for a sign, including the
alteration or replacement of a sign message, as described herein unless
noted otherwise.
(2)
For a multitenant facility or multibuilding complex,
site plan review for all signage for the entire facility or complex
shall be obtained prior to issuance of a sign permit.
(3)
A sign permit shall be granted only if the subject
property is found to be in compliance with Town zoning requirements
and building and property maintenance codes.
(4)
For commercial real estate signs, an annual commercial
real estate sign (CRES) permit shall be obtained from the Department
in order to install or maintain one or more CRE signs.
C.
Allowed signs. The following signs are allowed in
any district without a permit or site plan review:
(1)
Customary holiday decorations.
(2)
One prominently displayed building address sign that
is visible to pedestrian and automobile traffic not less than four
inches in height with a one-half-inch stroke or as required by the
New York State Fire Code.
(3)
Family name signs and no trespassing, home security
alarm and similar signs for single-family dwellings.
(4)
Traffic control signs.
(5)
Directional signs:
[Amended 1-21-2015 by L.L. No. 1-2015]
(a)
Small directional and parking signs:
[1]
Shall be approved by the Planning Board as part of the site plan
review process. This approval shall include the font size and type,
colors and general layout.
[2]
Such signage is to assist the flow of vehicular and pedestrian traffic.
Such signage includes “left," “right,” “one
way,” “entrance,” “exit” and symbols
such as arrows.
[3]
The sign shall be a single color with either black or white lettering and match the signing color in Subsection C(5)(b) below, if the Planning Board allows location direction signing specified therein.
[4]
Shall not exceed two square feet per face.
[5]
The top of the sign shall be less than three feet above grade.
[6]
No project identification, including logos, is permitted.
[7]
In a residential district, no such signs are permitted.
(b)
For large and/or complex projects the Planning Board may allow signing
that lists the various parts of a project and the direction to their
location, upon specific findings that driver safety and access would
be facilitated by the addition of such signing, subject to the following
conditions:
[1]
Shall be approved by the Planning Board as part of the site plan
review process. This approval shall include the font size and type,
colors, directional arrow graphics and general layout.
[2]
The sign is not adjacent to access drives and property lines.
[3]
The sign shall be a single color with either black or white lettering and match the signing color in Subsection C(5)(a) above, if there are any small directional and parking signs.
[4]
The supporting posts design shall be simple and no greater than three
inches square.
[5]
The maximum letter size is two inches.
[6]
The maximum height of the sign above grade is four feet.
[7]
The maximum square footage of the sign is 12 square feet and no wider
than four feet, including any support posts.
[8]
The directional signs are of uniform design and shape.
[9]
No project identification, including logos, is permitted.
[10]
The listing shows the direction to the various parts of the
project.
(6)
Signs, flags or emblems erected and maintained pursuant
to any government function.
(7)
Decorative or architectural features of a building,
except letters or trademarks.
(8)
Memorial or historic plaques, markers, monuments or
tablets.
(9)
Public safety signs.
(10)
One sign identifying a government facility not
larger than 15 square feet.
(11)
A single advertising sign, with one or two sides,
and may be detached or attached but which shall not be more than two
square feet in area, for the sale of agricultural products grown on
the premises.
(12)
Signs not visible off the lot upon which the
sign is situated.
D.
Limited signs. The following signs are limited in
applicability. In using these signs, the size shall be counted toward
the permitted sign area of this section.
(1)
Two gasoline price signs attached to each gasoline
dispenser and not exceeding one square foot per face.
(2)
One changeable copy detached sign identifying only petroleum prices and facility name of a vehicle service station is permitted as a substitute for a detached sign listed in § 192-106F.
(3)
One detached sign may be permitted for an apartment complex, housing subdivision, or other integrated facility or complex subject to the sign restrictions of the zoning district specified in § 192-106F.
(4)
For a single-tenant industrial use in an Industrial
District, not more than three signs to identify particular product
line(s) for which the occupant is the exclusive distributor, provided
that:
E.
Prohibited posting.
(1)
No person shall place or attach to or in any manner
connect to any tree, lamppost, utility pole, road sign, hydrant or
box covering the same on any Town highway, Town land, in any Town
right-of-way or on other public rights-of-way or land any bill, placard,
poster, letter, picture or character of any kind.
(2)
Advertising display upon any vehicle located on the
property and visible from a public right-of-way shall be regarded
as a sign subject to this chapter unless the vehicle is licensed,
operable and regularly used in the normal course of the business.
(3)
No sign shall be painted, placed or constructed directly
on or project from or over a roof.
(4)
No sign shall be painted upon or otherwise affixed
to any rock, ledge or other natural feature.
(5)
The sign message, in other than window signs, shall
not contain a telephone number, electronic mail address, website information
or other references or communication identifying information except
the physical address of the property or building.
(6)
No sign shall be placed on an awning.
(7)
Unless explicitly permitted, a sign shall be considered
to be prohibited. This prohibition includes but is not limited to
bunting, pennants, streamers and peripheral lighting and a listing
or pictures of credit cards.[1]
[1]
Editor's Note: Former Subsection E(8), which provided that
window signs were prohibited, added effective 1-1-2011, and which
immediately followed this subsection, was repealed 2-27-2012 by L.L.
No. 2-2012.
F.
Permitted permanent signs. Each lot or complex, if
more than one lot is involved, may be allowed the following signage:
(1)
Residential: Residential-O (R-O); Residential-1 (R-1); Residential-1-A
(R-1-A); Residential-2 (R-2). No signs shall be allowed except:
(a)
Those signs listed in other areas of this chapter as being allowed.
(b)
Signs as described below for cemeteries, educational facilities,
emergency service facilities, government facilities, religious use
and regulation golf courses. One sign to identify the principal use
or service, subject to the further provisions of this section, including:
[1]
Attached sign with a maximum of 50 square feet or 8% of a front
building facade area, whichever is less; or
[2]
Detached sign including the property address located in a front
yard not exceeding 16 square feet in size and posted no more than
five feet in height from the finished lot grade in the sign vicinity.
(2)
Neighborhood Business: Residential-3 (R-3); Business Transition
(BT); Special Business Transitional (SBT). Maximum total sign area
of 75 square feet to identify the principal use or service, subject
to the further provisions of this subsection, including:
(a)
One attached sign per street facade to which the lot has an
access drive and/or window signs with a maximum of 75 square feet.
Attached sign(s) are further restricted to no greater than 8% of a
front building facade area; and/or
[Amended 4-11-2011 by L.L. No. 4-2011]
(b)
One detached sign including the property address located in
a front yard not exceeding 16 square feet in size and posted no more
than five feet in height from the finished lot grade in the sign vicinity.
(3)
Business: Business (B); High Tech (HT); Office and Professional
(O and P); Industrial (1). Maximum total sign area of 120 square feet
to identify the principal use or service, subject to the further provisions
of this subsection, including:
(a)
One attached sign per street facade to which the lot has an
access drive and/or window signs with a maximum area of 120 square
feet. Attached sign(s) are further restricted to no greater than 10%
of a front building facade area; and/or
[Amended 4-11-2011 by L.L. No. 4-2011]
(b)
One detached sign, including the property address located in
a front yard not exceeding 20 square feet in size and no more than
six feet in height from the finished lot grade in the sign vicinity.
(5)
Industrial use: industrial uses.
(a)
Attached industrial use signs in an Industrial District may
be granted an increase in size up to 300% upon finding by the Planning
Board that:
(6)
Hamlet (HAM). Signs within the Hamlet District shall follow the requirements of § 192-106 of this chapter, subject to the following:
[Added 9-8-2008 by L.L. No. 8-2008]
(b)
One detached sign, including street number, located in the front
yard.
[1]
Detached signs shall be or have the appearance of being handcrafted
from wood or stone.
[2]
Supported signs shall have wooden posts.
[3]
If lighting is used, signs shall be softly lit from an exterior
source with the lamp source hidden.
[4]
The single face shall be no greater than 12 square feet and
no more than five feet in height from the finished lot grade in the
sign vicinity.
(c)
Sign sizes.
[1]
For all attached signs, the aggregate area shall be no greater
than 30 square feet with no letter or numeral greater than one foot
six inches in height.
[2]
For perpendicular attached signs, the individual size of the
sign shall be no greater than six square feet with the height no greater
than two feet with no letter or numeral height greater than one foot.
Only one perpendicular attached sign is allowed per building or tenant
space. The height to the bottom of each perpendicular attached sign
shall be greater than seven feet six inches.
(d)
The aggregate size of all window signs shall be not greater
than 21 square feet with no single sign greater than seven square
feet.
(e)
The aggregate area for all signs shall not exceed 50 square
feet.
G.
Sign location.
(1)
No sign shall be located where it interferes with
or obstructs the view or free passage of pedestrian or vehicular traffic
and shall not be located in the public right-of-way.
(2)
No detached sign shall be closer than 25 feet to an
adjoining residential lot line.
(3)
Each sign shall be located within the subject property
boundary and shall not project beyond the same.
H.
Design standards.
(2)
Sign area.
(a)
The area of a sign shall be measured as the
area enclosed by a series of lines forming a rectangle around all
parts of the display, including all lettering, logo, graphics and
any background that is different from the sign band of the wall or
supporting material.
(b)
For a detached sign having two visible faces,
the sign area shall be measured as specified herein and shall not
include the area of the second face, provided the design replicates
that of the first face and the detached sign is perpendicular to the
street.
(c)
Directional signs in other than Residential-O,
Residential-1, Residential-1-A and Residential-2 Districts shall not
be included in the calculation of the sign area.
(3)
Lighting.
(a)
No sign shall consist of strings of lights or
contain blinking, flashing, intermittent, rotating, glaring, or moving
lights or other attention-attracting devices.
(b)
Any illuminated sign shall employ only lights
emitting a light of constant intensity.
(c)
If illuminated, a sign shall be lit internally
or with a top-mounted, continuous and enclosed lighting assembly.
Floodlighting is prohibited.
(d)
Exposed neon lamps are prohibited on exterior
signs.
(e)
All electrical signs shall have UL labels visible
form the exterior of the sign. All wiring shall be within the sign
housing.
(5)
Attached signs in Office and Professional, Business
Transitional, and Special Business Transitional Districts shall be
of an approved design other than a cabinet sign.
(6)
The sign band or area on which to place a sign on
a building shall be located and sized to maintain the architectural
integrity of the building. In no case shall the sign dimensions exceed
80% of the sign band dimensions.
(7)
Window
signs.
[Added 2-27-2012 by L.L. No. 2-2012]
(a)
Window signs shall not exceed 25% of the total window area of windows
facing an abutting street(s) and shall be included in the calculation
of the overall signage allowed for the use.
(b)
Neon signs may only be permitted in cases where the sign(s) is compatible
with the building’s use, architecture and neighborhood character.
(c)
Window signs, subject to the above restrictions, may be located in
any window facing abutting street(s).
I.
Temporary signs. Nonilluminated temporary signs, attached
or detached, that conform to the following may be allowed under the
following conditions:
(1)
One commercial real estate sign per street frontage,
on the subject lot for which a property or building sale or lease
is available, subject to the following:
[Amended 9-8-2008 by L.L. No. 6-2008]
(a)
In residential districts, for residential uses
and for all commercial property within an existing or occupied office
park, shopping center or other multitenant facility, the sign(s) shall
be less than four square feet.
(b)
For other commercial uses not listed above,
the sign(s) shall be less than 16 square feet.
(c)
All real estate sale or lease signs shall be
removed within seven days of sale or lease."
(2)
One construction or renovation sign per property,
no greater than 32 square feet per side, identifying the participants.
Said sign is only allowed if the work in question was subject to site
plan review by the Planning Board. Such sign shall be removed at the
termination of the construction project.
[Amended 9-8-2008 by L.L. No. 6-2008]
(3)
In all districts, all temporary advertising signs
of a political, civic, philanthropic, educational, or religious nature
or signs of a commercial nature otherwise permitted by these regulations
may be erected and used on vacant or unoccupied property upon the
granting of a Departmental letter of approval, provided that such
signs are not attached to fences, trees, utility poles, or the like
or located on public property. Said signs may not be placed in a position
that will obstruct or impair vision of traffic or in any manner that
will create a hazard to the welfare of the general public. In addition,
the following shall apply:
(a)
All such signs must be thoroughly anchored,
continually maintained in a clean, neatly painted condition and free
from all hazards, such as but not limited to faulty wiring and loose
fittings or fasteners.
(b)
Applicants for a temporary letter of approval
must obtain the written consent of an owner of the vacant or unoccupied
property upon which the sign(s) is(are) to be placed.
(c)
All such signs shall be erected no earlier than
45 days prior to an activity or event and shall be removed within
seven days after the particular activity or event is concluded.
(d)
In the event that the Department determines
that a sign or signs impairs the vision of traffic or in any manner
creates a hazard to the welfare of the general public such that there
is imminent peril, it may eliminate the danger by moving or removing
the sign(s) in violation.
(4)
Other signs may be permitted once each calendar year
for the following purposes only:
(a)
New business enterprises for a maximum of 14
consecutive days;
(b)
[3]Businesses enterprises which have lost the use of an existing
sign by reason of fire or other catastrophe for a maximum of 60 consecutive
days.
[3]
Editor's Note: Former Subsection I(4)(b), regarding the celebration
of the anniversary or closing of a business, was deleted effective
1-1-2011. Former Subsection I(4)(c) was redesignated as I(4)(b), effective
1-1-2011.
(c)
Celebration of the anniversary or closing of a business enterprise
for a maximum of 14 consecutive days.
[Added 2-27-2012 by L.L. No. 2-2012]
(5)
Temporary signs may not exceed 20 square feet in size;
no more than one temporary sign shall be allowed per business.
(6)
A banner may be allowed as a temporary sign.
(7)
Except as specifically provided, all temporary signs
shall be removed within seven days of the event or activity completion.
(8)
Temporary signs may be allowed by the Department upon
the presentation of suitable information to allow a complete understanding
of the purpose, use and circumstances for the sign and the issuance
of a letter of approval by the Department.
J.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe
and structurally sound condition. Signs that do not comply with adequate
safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the
replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign
shall be kept in working condition or immediately repaired, replaced,
or all lighting turned off.
K.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any
sign which is located on property which becomes vacant and unoccupied
for a period of 45 days or more, or any sign which pertains to a time,
event or purpose which no longer applies, shall be deemed to have
been abandoned.
(2)
Abandoned signs are prohibited and shall be removed
or have the complete message removed by any method by the owner of
the sign or owner of the premises.
L.
Off-site signs and billboards. In consideration of
the goals to protect and enhance property values and neighborhood
character; protect public and private investment in buildings and
open spaces; preserve and improve the appearance of the Town as a
place to live and work and as an aid to visitors; encourage sound
signing practices to identify business, institutions and facilities;
reduce distractions to motorists and pedestrians and protect the public
health, safety and general welfare; and specifically recognizing the
adverse impact of the herein prohibited signage on the preservation
of the appearance of the Town of DeWitt and the potential for distractions
to motorist and pedestrians, in addition to any other signs which
may be otherwise regulated or prohibited by this Code, the following
signs are prohibited:
[Amended 9-8-2008 by L.L. No. 6-2008]
All site grading, excavation and filling shall conform to Chapter 160, the Stormwater Management and Erosion and Sediment Control Local Law, and to the following general requirements:
A.
Lot grading shall be done in such a way as to preserve
or enhance the topographic features and to provide positive drainage.
All site grading shall be designed to meet the following standards:
|
Minimum Slope
(percent)
|
Maximum Slope
(percent)
| |
|---|---|---|
|
Planting areas
|
2%
|
25%
|
|
Parking lot pavement
|
1%
|
5%
|
|
Driveways
|
2%
|
10%
|
|
Pedestrian pavements
|
1%
|
8%
|
|
Sidewalks
|
1%
|
6%
|
B.
In any district, upon site plan review by the Planning
Board, a person may obtain a development permit to excavate, deposit,
grade or remove topsoil or other earthen materials for use on or off
the premises. No excavation or deposition of land shall be permitted
which will result in a slope of more than 25% unless, through proper
use of retaining walls or other acceptable techniques, equivalent
safety to persons and property can be obtained, and no such excavation
or deposit shall be permitted to cause erosion.
(1)
Where retaining walls are required, they shall be
of a material compatible with the building architecture.
(2)
Berms, channels, swales, etc., shall be graded in
such a way as to be an integral part of the grading and paved surface.
Such features shall be designed with smooth vertical transitions between
changes in slope.
(3)
All structures shall be designed so as to minimize
the amount of cutting into the embankment, general grading and removal
of vegetative cover.
(4)
The location of driveways, walkways and accessory
buildings, as well as general grading, shall conform to the same overall
objectives stated above.
(5)
Terracing, sodding, planting and the construction
of retaining walls shall be provided as necessary.
C.
Clearing of land shall be regulated as follows:
(1)
"Clearing" is defined as the removal of living
trees. Not included in clearing is the selective removal of trees
as part of an approved forest management plan, the removal of dead
trees or those trees posing a hazard, or the pruning of trees.
(2)
In all nonresidential districts and Residential
R3 Districts, a development permit is required in order to clear land.
(3)
In other residential districts, an owner is
required to obtain a letter of determination from the Department prior
to the clearing of his lot.
(4)
In all nonresidential districts and Residential
R3 Districts, site plan review by the Planning Board is required in
order to clear land.
There shall be no activities that emit radioactivity
exceeding federal guidelines.
There shall be no emission into the atmosphere
of fly ash, dust, fumes, vapors, gases and other forms of air pollution
which can cause damage to life or property or discharge into any sewage
disposal system or stream or into the ground of any materials of such
a nature or temperature as can contaminate any watercourse or supply
or can cause any dangerous or unhealthy condition, except upon approval
of applicable state and/or local agencies having jurisdiction to regulate
such air or water pollution.
The use of a front yard and improvements thereon
are of particular concern to the Town since a front yard is typically
the physical and visual entry to a property. As such, there is a safety
concern involving the location, number and size of curb cuts onto
the property from a public road and in relation to other curb cuts.
Additionally community expectations for a presentable, safe and well-maintained
"public side" of all properties in DeWitt are important to neighborhood
compatibility and Town custom.
A.
In residential districts, no front yard shall be used for other than the temporary parking of a motor vehicle or other lawful vehicles, common residential activities except the storage of personal property, and no front yard shall be improved with any structure other than an approved fence, flagpole, mailbox, lamppost, landscaping or approved driveway and/or parking space pursuant to Chapter 161 of the Town Code.
