A.
Accessory buildings and structures. Those permitted
may be located in the required side or rear yard.
(1)
Such building shall be located a minimum of five feet
from any side or rear lot line.
(2)
Such building shall be located a minimum of 10 feet
from the principal building.
(3)
Such building, except for farm purposes, shall not
exceed the maximum height permitted in the district in which it is
located.
(4)
Such building, together with all other buildings on
the lot, shall not occupy more than the permitted lot coverage in
the district in which it is located.
(5)
No such building shall be placed nearer to the front line than the principal building. Notwithstanding the foregoing, with respect to evaluating and approving proposed site plans for gasoline filling stations and gasoline service stations, as those terms are defined in Town Code § 249-3, the Planning Board shall have the discretion to permit the construction of canopies, defined for this limited purpose as the structure containing lighting and built-in emergency safety equipment covering gas pump islands, to be built closer to any of the property lines than the principal building.
[Amended 9-22-2016 by L.L. No. 11-2016]
(6)
The following accessory buildings and structures shall
be allowed in all districts, accessory to a residential use, provided
that they are not operated for profit:
(a)
Garden house, except in RA and RA-1 Districts,
where they may be operated for profit as accessory to farming operations.
[Amended 11-30-2005 by L.L. No. 11-2005; 7-26-2007 by L.L. No. 15-2007]
(b)
Toolhouse.
(c)
Playhouse.
(d)
Swimming or wading pool.
[1]
No pool shall be located nearer than 20 feet
to any property line.
[a]
Where the twenty-foot setback requirement is
impractical due to the minimum size of the lot, the Building Inspector
may grant a special pool permit for aboveground pools exceeding two
feet in height upon proof that the adjoining landowners have been
notified of said proposed pool and have approved same. Said pool permit
shall not be denied unless good cause is shown for its denial. Where
the unanimous approval of adjoining landowners is not shown, the matter
shall be referred to the Zoning Board of Appeals for its decision
regarding the granting of the permit.
[b]
In the case of row or attached housing, owned
in fee simple or condominium ownership, the setback requirements shall
not apply.
[2]
Pools shall be provided with an adequate permanent
fence. Said fence shall be a minimum of four feet in height and equipped
with a self-closing, self-locking gate to prevent unauthorized use
of the pool and to prevent accidents. However, if said pool is located
more than four feet above the ground, a fence is not required, provided
that all points of access to said pool are protected by steps which
can be raised and locked in position when not in use.
(e)
Private garage.
(7)
If the erection of an accessory building or structure would be in
relation to or furtherance of a new or existing special permitted
use, site plan approval must be obtained from the Planning Board prior
to the erection of said building or structure.
[Added 8-26-2021 by L.L.
No. 6-2021]
B.
Exemptions to height regulations. The maximum height limitations of the regulations applying to buildings shall not apply for the following, provided that the same add up to no more than 10% of the total roof area and that they do not exceed the maximum height limitation by more than 15 feet, unless a special permit is granted by the Planning Board pursuant to § 249-38 of this chapter.
C.
The sale of agricultural products on premises may
be conducted within a seasonal roadside stand located on such premises.
[Added 8-13-1981 by L.L. No. 5-1981]
(1)
Such stand shall not exceed one story in height.
(2)
Such stand shall not exceed 400 square feet in total
floor area and may have a roof, but shall not be fully enclosed.
(3)
One temporary sign shall be permitted during the period
of operation not to exceed 18 square feet in total area.
(4)
No stand shall be erected in such a manner as to disrupt
the normal flow of traffic or to interfere with vehicular visibility.
(5)
No building permits shall be required for stands 12
feet by 12 feet or smaller.
(6)
The seasonal period shall be April 1 through November
31.
D.
For all properties abutting a Town of Wallkill owned
property on which a Town-owned and -operated sewage treatment plant
is located, no structure may be constructed closer than 200 feet to
the plant.
[Added 4-23-1987 by L.L. No. 2-1987]
E.
Sheds; as herein defined, in quantity of no more than
one per residential lot and erected with a minimum five-foot setback
from the property line(s), except for sheds in R-1 and R-2 zoned districts,
where the minimum setback shall be two feet, are exempt from the requirement
of a building permit and subsequent necessity for a certificate of
occupancy.
[Added 8-29-2002 by L.L. No. 7-2002; amended 10-9-2003 by L.L. No. 10-2003]
F.
Crematories for the disposal of carbon-based life
forms and where said crematory would be the primary use of the developed
property shall be an illegal use.
[Added 9-9-2004 by L.L. No. 10-2004]
[Added 12-12-2002 by L.L. No. 13-2002[1]]
A.
Identification and locations of cemeteries in the
Town of Wallkill. More exact locations of each cemetery identified
herein can be found on a map prepared by Town Historian, Dorothy Hunt-Ingrassia,
and filed in the Town Clerk's office of the Town of Wallkill:
|
Cemetery
|
Location
| |
|---|---|---|
|
Old Scotchtown, Scotchtown Slave Burial Place
|
Intersection of Scotchtown Road and Goshen Turnpike
| |
|
Phillipsburg
|
Off East Main Street, Midway Road at Wallkill
River alongside NYS Route 17, future Interstate 86
| |
|
Pine Hill Cemetery, Clark Burial Place, Clark
Cemetery
|
VanBurenville Road, old Horton Farm (Rockville)
| |
|
Hulse Cemetery
|
Mt. Hope Road near VanDuzer Road in field on
south side of road
| |
|
Circleville Cemetery
|
Presbyterian Church at junction of Rt. 302 and
Goshen Turnpike
| |
|
Bloomingburg Rural Cemetery
|
Bloomingburg Road (Rt. 17M)
| |
|
Old Family Cemetery
|
1.125 miles from city limits; east side of Mt.
Hope Road
| |
|
McLaughrey Cemetery (settlement of freed slaves)
|
Midland Lake Road (formerly called Guinea Road)
| |
|
Mapes Cemetery
|
Junction of Route 211 and Boorman Road
| |
|
Weller Burial Ground
|
Left side of road from Bullville to Bloomingburg
just beyond the Crawford Town line
| |
|
Cemetery on Hollyrood Farm
|
Hufcut Road, 2 miles from Circleville
| |
|
Middletown Hebrew Cemetery/Temple Sinai
|
Rte. 302, north of Rt. 17
| |
|
Cemetery at Middletown Psychiatric Hospital
| ||
|
Cobb Cemetery at Lake Pocatello
|
Off Mt. Hope Road
| |
|
Sayres Farm Cemetery
|
2 miles west of VanBurenville field
| |
|
Crane Cemetery
|
Near Howells and Dosen Roads
| |
|
John Williams Cemetery
|
Vanburenville Road
| |
|
Greek Orthodox Cemetery, no markers
|
Near the Greek Orthodox Church
| |
|
Catholic and Protestant Cemetery
[Added 11-29-2007 by L.L. No. 18-2007] |
Along County Route 78 and the access road to
Tuckerman Hall
|
B.
Nonexclusivity of list.
C.
Encroachment requirements.
(1)
For all properties abutting a cemetery or burial site
located entirely or partially within the Town of Wallkill, no structure
may be constructed or excavation made closer than 100 feet to the
property line of said cemetery or burial site.
(2)
No permits or approvals shall be issued by any Town
entity for any structure or excavation that is located within 200
feet of any cemetery and/or burial site without first referring the
matter to the Planning Board for review consistent with the above
noted provisions.
D.
Mitigation. The Planning Board, in its sole discretion,
as part of any subdivision site plan or conditional use permit application,
may require a residential or commercial developer to erect fencing,
install plantings or otherwise erect a visual and/or physical barrier
between developable areas of land, which are adjacent or contiguous
to a cemetery and/or burial site.
E.
Other cemeteries or burial sites. The Planning Board,
in its sole discretion, may apply the provisions of this section to
protect other cemeteries and/or burial plots, which are included and/or
referred to in the Town of Wallkill's Master Plan or which the Board
otherwise deems to be of historical significance.
[1]
Editor's Note: This local law also provided
penalties for offenses as follows: “Any violation of the provisions
herein shall be prosecuted to the fullest extent of the law by the
Town of Wallkill pursuant to the laws of the State of New York, including
but not limited to §§ 145.22 and/or 145.23 of the New
York State Penal Law and/or §§ 4216, 4217 and/or 4218
of the New York State Public Health Law and shall be subject to the
fines and penalties associated therewith and/or consistent with any
other applicable provision of law.”
A.
Corner lots.
(1)
On a corner lot, each lot line which abuts a street
shall be deemed to be a front lot line, and the required yard along
both lot frontages shall be a required front yard. The owner shall
elect, and so designate on the plot plan, which of the remaining two
required yards shall be the required side yard and the required rear
yard.
(2)
At all street intersections, no obstructions to vision
shall be maintained, erected or planted on any lot within the triangle
formed by the intersecting street lines and a line drawn between points
along such street lines 30 feet distant from their point of intersection.
B.
Existing lots.
(1)
Nothing shall prohibit the use of a lot of less than
the prescribed area, width or depth when it can be substantiated that
such lot is owned by the same owner and owned separately from any
adjoining tracts of land prior to December 12, 1961, provided that
all other provisions of this chapter are fully complied with, also
including a single, legally created lot, approved by the Planning
Board in a signed subdivision plat held in ownership created by an
arm’s length transaction separate from any adjacent parcel.
[Amended 12-9-2009 by L.L. No. 8-2009]
(2)
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located
and is an approved subdivision. No permit shall be issued for the
erection of a building on any new lot thus created unless such building
and lot comply with all provisions of this chapter.
C.
Exceptions to yard requirements:
(1)
Chimneys, arbors, open trellis or unroofed steps.
(2)
Terraces which do not exceed one foot in height from
the ground level.
(3)
Overhanging roofs, not to exceed 10% of the required
yard depth.
(4)
Windowsills or belt courses not to exceed six inches.
(5)
Awnings or movable canopies not to exceed 10 feet.
(6)
Fences or walls for the RA, RA-1, R-2 and R-1 Districts
with a maximum height of six feet in the rear and side yards and a
maximum of four feet in the front yard, except on corner properties
where the maximum height shall be three feet.
[Amended 8-25-1993 by L.L. No. 10-1983; 10-13-1994 by L.L. No. 5-1994; 7-26-2007 by L.L. No. 15-2007]
(7)
If two or more existing dwellings are located within
200 feet on each side of a proposed dwelling, on the same side of
the street and within the same block, and are within the same district,
said proposed dwelling need not have a required front yard greater
than the average setback of the existing dwellings.
[Amended 7-26-2007 by L.L. No. 15-2007]
Within the RA and RA-1 Districts, no more than
five dogs or cats, over six months old, may be harbored per dwelling
unit. Within the R-1, R-2, NC, HC, ENT, ENT-L, TC and O/R Districts,
no more than three dogs or cats over six months old may be harbored
per dwelling unit, although the particular district involved should
be checked for more specific regulations.
[Amended 4-14-1983 by L.L. No. 5-1983; 2-25-1988 by L.L. No. 4-1988]
A.
Intent.
(1)
This section regulates signs which are visible from
the right-of-way and from beyond the property where erected. These
regulations balance the need to protect the public safety and welfare,
the need for a well-maintained and attractive community and the need
for adequate identification, communication and advertising for all
land uses. At no time should these provisions be interpreted to regulate
any aspect of the content of any sign. The regulations for signs have
the following specific objectives:
[Amended 8-29-2002 by L.L. No. 6-2002]
(a)
To ensure that signs are designed, constructed,
installed and maintained so that public safety and traffic safety
are not compromised.
(b)
To allow and promote positive conditions for
meeting a sign user's needs, while at the same time avoiding nuisances
to nearby properties and promoting an attractive environment.
(c)
To reflect and support the desired character
and development patterns of the various districts.
(d)
To allow for adequate and effective signs in
commercial and industrial districts while preventing signs from dominating
the visual appearance of the area.
(2)
These regulations allow for adequate and multiple
types of signs for a site. The provisions do not necessarily assure
or provide for a property owner's desired level of visibility for
the signs.
B.
Applicability and scope. This section regulates the
number, size, placement and physical characteristics of signs. The
regulations are not intended to and do not restrict, limit or control
the content or message of signs. The regulations of this section apply
to all districts in the Town.
C.
Conformance. No sign may be erected unless it conforms
to the regulations of this section. Sign permits must be approved
prior to erection of the sign.
D.
Exempt signs. The following signs are exempt from
the provisions of this section but may be subject to other portions
of the Town Code:
(1)
Signs inside a building, not governed by § 249-11J(7), except for strobe lights visible from a right-of-way, private or public road or other private property.
(2)
Building numbers.
(3)
Signs carved into or part of materials which are on
an integral and permanent part of the building, noting the name of
the building and its date of erection.
(4)
Painted wall decorations and painted wall highlights
that present no message or indication of a use and are meant strictly
for artistic, decorative or design use or enhancement.
(5)
Public and/or governmental signs, including traffic
or similar regulatory devices.
(6)
Flags and insignia of any government, except when
displayed in connection with a commercial promotion.
(7)
Nonilluminated warning, "private drive," "posted"
or "no trespassing" signs, not exceeding two square feet per face.
(8)
Temporary nonilluminated "for sale" or "for rent"
real estate signs concerning the premises upon which the sign is located:
(a)
One such sign will be permitted for each property,
not exceeding six square feet per side; the top of the sign shall
be no higher than six feet above the ground, and it shall be no closer
than 10 feet to any property line.
(b)
All such signs shall be removed within three
days after the sale, lease or rental of the premises.
(9)
Christmas holiday decorations, displayed for a period
from three days before Thanksgiving until the first week in the following
year.
(10)
Temporary, nonilluminated window signs and posters
not exceeding 10% of the window surface.
(11)
One temporary sign for a seasonal roadside stand
selling agricultural produce grown on the premises, provided that
such sign shall not exceed six feet and shall be set back a minimum
of 10 feet from any property line. Any such sign shall only remain
on the site for that portion of the year that the stand is active.
(12)
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits and similar signs, nonilluminated, not exceeding
four square feet per face and six feet above the ground.
(13)
Election signs. All signs advertising a candidate
for public office or any other public ballot initiative are exempt
from these regulations. Such signs must be displayed only on private
property. The Town encourages, but does not require, that such signs
be displayed no sooner than 30 days prior to the relevant election
and no later than 10 days after said election.
[Added 8-29-2002 by L.L. No. 6-2002]
E.
Prohibited signs. The following signs are prohibited
and shall be removed.
(1)
Strobe lights and signs containing strobe lights which
are visible from the exterior of the building.
(2)
Signs placed or painted on a vehicle, trailer or truck
trailer and parked with the primary purpose of providing a sign for
a business, use, event, etc.
(3)
"Animated signs," defined as having moving parts or
lighting or motion-picture projection, which create the illusion of
moving parts, animated viewing screens, flashing, chasing or twinkling
lights.
(4)
A sign which copies or imitates or in any way approximates
an official highway sign or carries the words "STOP," "DANGER," "GO
SLOW," "CAUTION," "WARNING," etc.
(5)
Any sign in or projecting into a public right-of-way.
(6)
A sign or illumination that causes any direct glare
into or upon any building or street, other than the building to which
the sign may be accessory.
(7)
"Abandoned signs," defined as those on-premises signs
that advertise an activity, business, product or service no longer
conducted or available on the premises.
(8)
Any sign which impairs or causes confusion to vehicular
or pedestrian traffic in its design, color or placement.
(9)
Any sign mounted or attached to a tree, utility pole,
etc.
[Amended 7-25-1996 by L.L. No. 7-1996]
(10)
Roof signs.
(11)
Any sign which is not included under the types
of signs permitted in specific district regulations or in this section.
F.
Sign measurement.
(1)
Sign face area.
(a)
The area of sign faces enclosed in frames or
cabinets is determined based on the outer dimensions of the frame
or cabinet surrounding the sign face. Sign area does not include foundations,
supports and other essential structures which are not serving as a
backdrop or border to the sign. Only one side of a double-faced sign
is counted.
(b)
When a sign is on a base material and attached
without a frame, such as a wood or plexiglass panel, the dimensions
of the base material are to be used unless it is clear that part of
the base contains no sign, related display or decoration.
(c)
When signs are constructed of individual pieces
or letters attached to a building wall, the sign area is determined
by a perimeter drawn around all the pieces or letters.
(d)
For sign structures containing multiple modules
oriented in the same direction, the modules together are counted as
one sign face.
(e)
The maximum surface area visible at one time
of a round or three-dimensional sign is counted to determine sign
area.
(2)
Height of signs. The overall height of a sign or sign
structure is measured from the grade directly below the sign to the
highest point of the sign or sign structure.
G.
Nonconforming signs.
(1)
The lawful use of a sign or signs existing at the
time of adoption of this chapter may be continued, even though the
sign does not conform to the regulations and limitations of this section,
until one or more of the following occurs:
(a)
The structure, size, location, advertising display
matter or accessories of any or all signs previously granted approval
and permits are altered, modified, changed, reconstructed or moved.
(b)
The structure, size, location, advertising display
matter, lettering, color scheme or accessories of any or all signs
on the property for which approval and/or permits have not been granted
are altered, modified, changed, reconstructed or moved.
(c)
Buildings, structures or site improvements on the property upon which the sign is placed are altered in such a way as to require approval pursuant to Article XI of this chapter.
(d)
Any or all signs on the property are damaged
or destroyed by fire, explosion or act of God to the extent of more
than 60% of the actual value thereof.
(e)
Any or all signs on the property are abandoned.
(f)
Any or all signs on the property fall into a
state of disrepair and/or become unsafe.
(2)
Nonconforming signs are not subject to the provisions of Article IX, Nonconforming Buildings, Structures and Uses, of this chapter.
(3)
Ordinary maintenance and repairs may be made to any
nonconforming sign, provided that the structure, advertising display
matter, lettering, color scheme or accessories are not altered, modified,
changed, reconstructed or moved, and provided that such ordinary maintenance
and repairs do not exceed 20% of the value of the sign in any one-year
period.
(4)
Nothing contained in this section shall be deemed
to require any change in the plans or construction of any sign upon
which actual construction was lawfully initiated prior to the effective
date of this section. "Actual construction" is hereby defined as the
actual placing of the sign and/or structure materials in their permanent
position in compliance with the previously obtained approval and permits.
H.
General design criteria.
(1)
Where more than one sign is permitted for the same
activity, all signs should be coordinated with respect to color, letter
style, illumination and other graphic features.
(2)
In multiple owner/tenant occupancies, the various
signs required for identification of different activities should be
coordinated with respect to placement on the building facade, legibility
and illumination and should express uniformity of design and create
a sense of harmonious appearance.
(3)
All signs should be legible and visible for the purpose
and circumstances in which they are used.
(4)
Sign(s) shall be considered a site plan and architectural
feature of the proposed development and, as such, should be coordinated
in size, height, color, illumination, location, graphic design and
finish detailing with the building(s), landscaping, area lighting
and vehicular and pedestrian circulation and shall be shown on and
approved with the use where Planning Board approval is required.
(5)
Where different uses are permitted side-by-side or
on adjoining properties, signs permitted for one property or tenancy
should not adversely affect the identification and reasonable use
of the neighboring property or tenancy.
(6)
In general, product, price or other changeable copy
area of any sign should occupy no more than 1/3 of the area of said
sign.
(7)
All limited access highway-oriented signs and billboards
shall not be of changeable copy type.
(8)
Where signs are to be placed near residential uses,
sign height, size, location and illumination should be adjusted for
minimum impact to the residential uses.
(9)
Sign content should be orderly, and graphics should
be of simple shapes, such as rectangles, circles or ovals.
(10)
No more than two typefaces shall be used on
any one sign or group of signs.
(11)
The number of colors used should be the minimum
consistent with the design.
(12)
Illumination. Where illumination of signs is permitted, such illumination may only be between sundown and 11:00 p.m. (or close of business). Illumination shall only be of an even intensity at all times. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or it may be indirect (when the light source is not visible from any adjoining property or street and is directed upon the sign) as specified in § 249-11K through O.
(a)
Illumination should be appropriate to the character
of the sign and its surroundings and shall not adversely shine on
or impact surrounding properties, uses or streets and roads.
(b)
No sign or similar advertisement shall be illuminated
in such a manner so as to diminish or detract in any way from the
effectiveness of any traffic signal or similar safety or warning device.
(13)
Any tenant or user making an application for
a sign permit shall submit with his application evidence that the
landlord or owner of the building has approved the particular signage.
[Added 12-27-1990 by L.L. No. 18-1990]
I.
General construction and placement criteria.
(1)
All signs installed after the effective date of this
section shall have attached to the sign a nameplate giving the sign
permit number and the name and address of the owner, person or corporation
responsible for the general requirements and maintenance as outlined
herein.
(2)
All internally illuminated signs shall be constructed
in conformance with the Standards for Electric Signs (UL 48) of the
Underwriters' Laboratories Inc., and bear the seal of the Underwriters'
Laboratories label. The sign shall be inspected and certified by an
electrical inspection agency approved by the Town.
[Amended 7-25-1996 by L.L. No. 7-1996]
(3)
All transformers, wires and similar items shall be
concealed. All wiring to freestanding signs shall be underground.
(4)
All signs, including attached wall, projecting and
suspended wall signs, shall be securely anchored and shall not swing
or move in any manner.
(5)
All signs, sign finishes, supports and electric work
shall be kept clean, neatly painted and free from all hazards, such
as, but not limited to, faulty wiring and loose supports, braces,
guys and anchors.
(6)
All signs shall be painted and/or fabricated in accordance
with generally accepted sign industry standards.
(7)
All signs and sign structures shall be erected and
attached totally within the site.
(8)
Vision clearance area. No sign may be located within
a vision clearance area. No support structure(s) for a sign may be
located in a vision clearance area unless the combined total width
is 12 inches or less and the combined total depth is 12 inches or
less. "Vision clearance areas" are triangular shaped areas located
at the intersection of any combination of streets, roads, rights-of-way,
private roads, alleys or driveways. The sides of the triangle extend
15 feet from the intersection of the vehicle traveled areas. The height
of the vision clearance area is from 48 inches above grade to 10 feet
above grade.
(9)
Vehicle area clearances. When a sign extends over
a private area where vehicles travel or are parked, the bottom of
the sign shall be at least 14 feet above the grade. Vehicle areas
include driveways, alleys, parking lots, loading, maneuvering areas,
etc.
(10)
Pedestrian area clearances. When a sign extends
over private sidewalks, walkways or other spaces accessible to pedestrians,
the bottom of the sign shall be at least 8 1/2 feet above the
grade.
(11)
Signs may be erected in required yards and setback
areas, unless otherwise specified in this chapter.
J.
Specific regulations; sign types.
(1)
Attached wall sign: any sign posted, painted or constructed,
attached and parallel to the plane of the building wall, facade, marquee
or porch of any structure.
[Amended 12-27-1990 by L.L. No. 18-1990; 3-26-2020 by L.L. No. 2-2020]
(a)
An attached wall sign shall be flush and flat
throughout its length and height to the face of the wall to which
it is mounted.
(b)
An attached wall sign shall not extend beyond
the ends or over the top of the wall to which it is mounted.
(c)
Its length shall not exceed 70% of the width
of the tenancy or building wall to which it is mounted.
(d)
Attached wall signs may only be directly illuminated.
(e)
Attached wall signs shall not be located on
the rear of a building.
(2)
Suspended wall sign: any sign which is suspended from
a building wall, facade, marquee or porch by means of brackets, books,
chains, etc., and whose face is parallel to the plane of said building
wall, facade, marquee or porch.
[Amended 12-27-1990 by L.L. No. 18-1990; 3-23-2017 by L.L. No. 2-2017]
(a)
A suspended wall sign shall not project more than 12 inches from
the face of the wall to which it is mounted.
(b)
A suspended wall sign shall not extend beyond the ends or over the
top of the wall to which it is mounted.
(c)
Its length shall not exceed 70% of the width of the tenancy or building
wall to which it is mounted.
(d)
Suspended wall signs may only be directly illuminated.
(e)
Suspended wall signs shall not be located on the rear of a building.
(3)
Projecting sign: a sign which is attached to a building
wall, facade, marquee or porch and which extends more than 12 inches
from the face of such building wall, facade, marquee or porch.
(a)
Projecting signs shall not have more than two
faces.
(b)
The exterior edge of a projecting sign shall
not extend more than five feet from the building wall, facade, marquee
or porch to which it is mounted.
(c)
No part of a projecting sign shall extend into
vehicular traffic areas.
(d)
Projecting signs may only be directly illuminated.
(4)
Under-canopy sign: a projecting sign placed at a
ninety-degree angle to the building facade of a retail establishment
and attached to the ceiling of a canopy or covered walkway or attached
to the storefront or building facade to facilitate identification
of the particular retail store or tenant.
[Added 12-27-1990 by L.L. No. 18-1990]
(5)
Freestanding sign: a sign standing on the ground and
usually, but not necessarily, supported from the ground by one or
more poles, posts or similar uprights, with or without braces, and
advertising products or uses made, sold, used or served on the premises
displaying such sign.
(a)
No freestanding sign shall be located less than
15 feet from any front or side property line, or equal to the height
of said sign, whichever is greater.
(b)
A freestanding sign shall be located no less
than 10 feet from any building, or equal to the height of the sign,
whichever is greater.
(c)
A freestanding sign shall be no more than 35
feet in height above finished grade. Signs which exceed 14 feet in
height shall be designed and constructed to withstand winds of 100
miles per hour, and such shall be certified to by a professional engineer
or registered architect licensed to practice in the State of New York.
(d)
A freestanding sign shall not overhang any property
lines.
(e)
Masonry-wall-type signs shall not exceed four
feet in height above finished grade and shall not be placed so as
to impair the visibility of motorists.
(f)
All freestanding signs must be protected from
vehicular damage by a poured-in-place concrete curb or planter.
(g)
Freestanding signs may either be directly or
indirectly illuminated.
(6)
Billboard: a sign standing on the ground and usually,
but not necessarily, supported from the ground by one or more poles,
posts or similar uprights, with or without braces, and advertising
products or uses not made, sold, used or served on the premises displaying
such sign.
(a)
A billboard shall only be placed on lots which
meet the minimum lot and building standards applicable to the district
in which it is to be located.
(b)
A billboard shall be located no less than 35
feet from any property line.
(c)
A billboard shall be no more than 35 feet in
height above finished grade. Billboards which exceed 14 feet in height
shall be designed and constructed to withstand winds of 100 miles
per hour, and such shall be certified to by a professional engineer
or registered architect licensed to practice in the State of New York.
(d)
No sign face shall have a vertical dimension
in excess of 12 feet nor exceed 300 square feet in total area.
(e)
If a lot has the ability to accommodate more
than one billboard, the minimum distance between such billboards shall
be 200 feet.
(f)
All double-faced billboards shall be special permit uses and uses subject to plan approval by the Planning Board in accordance with the provisions of Article XI herein.
(g)
If a billboard faces Interstate Route 84 or
New York State Route 17, approval shall be obtained from the Senior
Right-of-Way Agent in accordance with the New York State Sign Control
Program.
(h)
Billboards may only be indirectly illuminated.
(i)
The placement of new billboards within the Town shall only be
allowed along New York State Route 17 and Interstate Route 84, subject
to the below regulations. No new billboards shall be allowed along
any other street or road within the Town.
[Added 5-26-2016 by L.L.
No. 7-2016]
[1]
Digital billboards. Digital billboards, being billboards that
display messages through an electronic video screen, shall be allowed
along New York State Route 17 and Interstate Route 84, subject to
the following requirements.
[a]
New York State Route 17. New digital billboards
shall be allowed to be placed along New York State Route 17, eastbound
and westbound, between the Silver Lake-Scotchtown Road overpass and
a point parallel with the westernmost terminus of Mt. Joy Road, with
no more than one such digital billboard every 2,500 linear feet.
[b]
Interstate Route 84. New digital billboards shall
be allowed to be placed along Interstate Route 84, eastbound and westbound,
between the East Main Street overpass and the Ballard Road overpass,
with no more than one such digital billboard every 2,500 linear feet.
[c]
Digital billboards shall be equipped to have a
pixel display of no less than 256 and no larger than 768 and shall
not contain pulsating or flashing messages that will distract drivers
or otherwise disturb those within viewing distance.
[d]
A reasonable percentage of digital billboard displays
shall be devoted to community use, such as:
[2]
Nondigital billboards. Nondigital billboards shall be allowed
along New York State Route 17 in the same locations as those of digital
billboards in the above subsection, and additionally shall be allowed
along New York State Route 17 from the Silver Lake-Scotchtown Road
overpass to the Exit 116 overpass.
[3]
Existing billboards. All existing billboards within the Town
of Wallkill along New York State Route 17 from the Silver Lake-Scotchtown
Road overpass to the Exit 116 overpass, New York State Route 17 from
the Silver Lake-Scotchtown Road overpass and Mount Joy Road, and Route
84 that are not in conformity with the requirements of this subsection
shall be considered nonconforming but allowed to remain, subject to
the following conditions:
[a]
Existing, nonconforming billboards that are on
vacant land shall remain permitted until the property in question
is developed and/or a new site plan for the property is approved by
the Town Planning Board. Upon the occurrence of either event, the
billboard shall be removed by the owner. It shall not be permissible
to submit a site plan to the Planning Board to develop land upon which
a billboard is presently situated which carves out a section of said
land for subdivision in order to allow the existing billboard to remain
installed.
[b]
Existing, nonconforming billboards must be regularly
maintained for their visual appearance and structural integrity. The
failure to maintain said billboard shall result in its removal by
the Town, the cost of which will be levied on the taxes of the property
owner. No new billboard will be allowed to be erected on the site.
[c]
Billboards constructed within the last three years
inside of the newly established restricted areas shall be permitted
to remain in their present location for 15 years from the date that
same were constructed.
[d]
Existing, nonconforming billboards may not be replaced
or expanded anywhere within the Town.
[4]
Additional regulations.
[5]
Violations. The failure to comply with the provisions of this section, or other local, state or federal laws, shall constitute a violation of the Wallkill Town Code. Such violations shall be enforced by the Town Building Department and/or the Town Police Department. The provisions of Article XVI of this chapter shall apply to any violation of this section.
(7)
Window sign: a sign that is applied or attached to
the exterior or interior of a window or located in such manner within
a building that it can be seen from the exterior of the structure
through a window.
(9)
Fence signs.
[Added 7-25-1996 by L.L. No. 7-1996]
(a)
No sign or banner shall be placed on any fence
which will impede the vision of pedestrians and/or motorists.
(b)
All signs or banners placed on fences must be
attached securely to prevent them from interfering with pedestrians
and/or motorists' safety.
(c)
All signs and banners shall be kept and maintained
in a clean, legible manner.
K.
Signs permitted in all districts. The following signs
shall be permitted within any district in the Town:
(1)
Development/neighborhood identification signs. In
conjunction with an existing development or neighborhood, on-site
development or neighborhood identification signs may be placed, subject
to the following conditions:
(a)
A maximum of two single-faced freestanding signs
shall be permitted per development or neighborhood.
(b)
The maximum area per sign shall be 16 square
feet. Development/neighborhood streets and collector streets: only
one sign shall be placed per intersection.
(c)
Such signs shall only be indirectly illuminated.
(d)
If such signs are freestanding, the maximum
height shall be 48 inches above the finished grade.
(2)
Multiple-family development identification signs.
In conjunction with an existing multiple-family development having
20 units or more, on-site multiple-family identification signs may
be placed subject to the following conditions:
(a)
One freestanding, attached wall or suspended
wall sign, single- or double-faced, shall be allowed per street frontage
from which vehicles gain access to the development.
(b)
The maximum area per sign shall be 20 square
feet.
(c)
If such signs are freestanding, the maximum
height shall be 48 inches above the finished grade.
(d)
If freestanding, such signs shall only be indirectly
illuminated.
(e)
Thirty percent of the area of the sign may include
information pertaining to the availability or size of the dwelling
units.
(3)
Signs and banners generally.
[Amended 7-25-1996 by L.L. No. 7-1996]
(4)
Long-term temporary signs.
(a)
Off-site directional signs. In conjunction with
an approved subdivision or use, off-site directional signs may be
placed subject to the following regulations:
[1]
All such signs shall be removed within 30 days
of the final sale within the subdivision or final lease-up with the
use. There shall be a deposit with the Town of Wallkill for each sign
in the amount of $100 as a guaranty of removal of each sign. The deposit
will be refunded when each sign is removed and upon the request of
the developer.
[2]
One such sign may be placed per intersection.
[3]
Such signs shall be located within 50 feet of
the intersection, no further than five vehicular miles from the advertised
site and no less than five feet from a property line.
[4]
Such signs shall be freestanding, with a maximum
height of five feet.
[5]
The maximum sign area per directional sign shall
be four square feet.
[6]
Directional signs shall have no commercial messages
or copy and shall not be illuminated.
(b)
On-site real estate signs. Signs advertising
the sale, lease or rent of the premises upon which such sign is located
may be placed subject to the following regulations:
[1]
One attached wall or freestanding sign per street
frontage will be permitted.
[2]
Area and height.
[a]
For improved multifamily residential
properties, the maximum area per sign shall be 15 square feet with
a maximum height of eight feet.
[b]
For improved nonresidential properties,
the maximum area per sign shall be 24 square feet with a maximum height
of eight feet.
[c]
For unimproved properties not exceeding
two acres in size, the maximum area per sign shall be 32 square feet
with a maximum height of 10 feet.
[d]
For unimproved properties exceeding
two acres in size, the maximum area per sign shall be 60 square feet
with a maximum height of 10 feet.
[3]
Real estate signs shall not be illuminated.
[4]
All such signs shall be removed within three
days after the sale, lease or rental of the premises.
(c)
On-site construction signs. In conjunction with
a use that has an approved building permit for a project or a development,
construction signs may be placed subject to the following regulations:
[1]
There shall not be more than one such single-faced,
freestanding sign for each project or development.
[2]
Such sign may only identify persons or companies
involved with the construction, architecture, engineering and development
of the premises.
[3]
Such sign shall be no larger than 32 square
feet in total area and no more than 10 feet in height.
[4]
Construction signs shall not be illuminated.
[5]
Construction signs may be erected and maintained
for a period not to exceed 14 days prior to the commencement of construction
and shall be removed within 14 days of the termination of construction
of the project or development.
(5)
Short-term temporary signs.
(a)
[1]Civic event signs. Signs announcing a campaign, drive,
activity or event of a civic, philanthropic, educational or religious
organization for noncommercial purposes may be placed subject to the
following regulations:
[1]
There shall not be more than one such sign for
each tax lot. If the sign is not to be placed on property owned by
the organization requesting the permit, then the permittee shall present
written consents from all the property owners on whose property the
sign is to be located.
[2]
Such signs may be freestanding or attached wall
signs.
[3]
Such signs shall not be illuminated, shall not
exceed 32 square feet in total area and, if freestanding, shall be
no more than eight feet in height.
[4]
Civic event signs may be erected and maintained
for a period not to exceed 30 days prior to the date of which the
campaign, drive, activity or event advertised is scheduled to occur
and shall be removed within three days of the termination of such
campaign, drive, activity or event.
(b)
On-site commercial event signs. Signs, banners,
posters and other similar promotional devices announcing a special,
unique or limited activity, service, product or sale of limited duration
may be placed subject to the following regulations:
[1]
No single sign shall exceed 32 square feet in
total area nor exceed an aggregate total area of 64 square feet for
the parcel.
[2]
If freestanding, no sign shall exceed 10 feet
in height.
[3]
Permits for such commercial event signs shall
not be issued more than twice for the same parcel within one calendar
year.
[4]
All such signs shall be erected and maintained
for a period not to exceed 30 days and shall be removed within three
days of the termination of the activity, service, project or sale.
L.
Signs permitted in agricultural and residential districts.
The following signs shall be permitted within any agricultural or
residential district in the Town:
(1)
One nonilluminated, attached wall, suspended or freestanding
sign advertising an approved home occupation or professional office
may be placed on the premises subject to the following conditions:
M.
Signs permitted in Neighborhood Commercial Districts.
The following signs shall be permitted within a Neighborhood Commercial
District in the Town:
(1)
Attached wall, suspended wall, projecting window and
awning signs may be placed on the premises subject to the following
conditions:
(a)
The total allowable sign area for all permanent
signs on the site, except freestanding signs, shall be as follows:
[1]
If there is no freestanding sign on the site,
then one square foot of sign area per linear foot of building wall
that fronts on a street is allowed.
[2]
If there is a freestanding sign on the site,
then 3/4 square foot of sign area per linear foot of building wall
that fronts on a street is allowed.
(b)
There is no limit on the number of signs on
a site if their aggregate square footage is within the total allowable
area limit.
(2)
One freestanding sign may be placed on the premises
subject to the following:
(a)
Such sign shall only be allowed if the building
on the site is set back a minimum of 35 feet from the front property
line.
(b)
On lots with a lot width of 100 feet or less,
the maximum sign area shall be 40 square feet. On lots with a lot
width of more than 100 feet, the maximum sign area shall be 60 square
feet.
(c)
The maximum height shall be 14 feet.
N.
Signs permitted in Highway Commercial, Enterprise,
Enterprise Light and Office and Research Districts. The following
signs shall be permitted within the Highway Commercial, Enterprise,
Enterprise Light and Office and Research Districts in the Town:
[Amended 7-26-2007 by L.L. No. 15-2007]
(1)
Attached wall, suspended wall, projecting, window,
awning signs and billboards may be placed on the premises, subject
to the following conditions:
(a)
The total allowable sign area for all permanent
signs on the site, except freestanding signs, shall be as follows:
[1]
If there is no freestanding sign on the site,
then 1 1/4 square feet of sign area per linear foot of building
wall that fronts on a street is allowed.
[2]
If there is a freestanding sign on the site,
then one square foot of sign area per linear foot of building wall
that fronts on a street is allowed.
[3]
For billboards, if the lot has no buildings
located on it, then one square foot of sign area per linear foot of
lot frontage is allowed.
(b)
There is no limit on the number of signs on
a site if their aggregate square footage is within the total allowable
area limit.
(2)
One freestanding sign may be placed on the premises
subject to the following conditions:
(a)
The maximum aggregate sign area shall be 250
square feet, with no individual sign face exceeding 150 square feet.
(b)
The maximum height shall not exceed the maximum
permitted building height in the district in which the property is
located. In the Office and Research District, the maximum height shall
not exceed 35 feet.
[Amended 7-26-2007 by L.L. No. 15-2007]
O.
Signs permitted for specific uses. Regardless of the
district in which it is located, for the uses listed below, the signs
permitted on the site shall be governed by the following:
(1)
Shopping centers. Shopping center signs shall be
subject to the following:
[Amended 12-27-1990 by L.L. No. 18-1990]
(a)
Shopping centers with a gross floor area of
less than 200,000 square feet. Signs shall be subject to the following:
[1]
Attached wall, suspended wall, projecting, under-canopy
and window signs may be placed on the premises subject to the following
conditions:
[a]
The total allowable sign area for
all permanent signs on the site, except freestanding signs and under-canopy
signs, shall be 1 1/4 square feet of sign area per linear foot
of building wall that fronts on a street or designated primary access
drive or parking area.
[b]
There is no limit on the number
of the above signs on a site if their aggregate square footage is
within the total allowable area limit.
[c]
The character, size and graphic
features of said signs should express a uniformity of design and present
a harmonious appearance.
[2]
Under-canopy signs.
[a]
Under-canopy signs may be nonilluminated
or internally illuminated.
[b]
The overall height of under-canopy
signs shall not exceed 1 1/2 feet and the overall length shall
not exceed four feet and shall be installed at least nine feet above
pedestrian walk areas and finished floor grade.
[c]
The character, size and graphic
features of said signs should express a uniformity of design and present
a harmonious appearance.
[3]
One freestanding sign may be placed on the premises
per site frontage which possesses a minimum of 200 linear feet of
road frontage subject to the following:
[a]
Freestanding signs shall be placed
at least 400 feet apart on the subject premises.
[b]
The maximum sign area shall be
200 square feet and shall be limited to the name of the shopping center
and its insignia and/or symbol, if any, and shall include the official
Town of Wallkill insignia.
[c]
Each shopping center freestanding
sign may include a directory sign which indicates the names of the
major tenants in the shopping center and shall contain no promotional
advertising. The area of each tenant's individual portion of the directory
sign shall count toward the total allowed area of the freestanding
sign for that frontage.
[d]
The maximum height of the sign
shall not exceed the maximum permitted building height in the district
in which the property is located, except in the Office and Research
District, where the maximum height of the sign shall not exceed 35
feet.
[Amended 7-26-2007 by L.L. No. 15-2007]
(b)
Shopping center with a gross floor area of 200,000
square feet and over. Signs shall be subject to the following:
[1]
Attached wall, suspended wall, projecting, under-canopy
and window signs may be placed on the premises subject to the following
conditions:
[a]
The total allowable sign area for
all permanent signs on the site, except freestanding signs and under-canopy
signs, shall be not more than two square feet of sign area per linear
foot of storefront or designated primary access drive or parking area.
[b]
There shall be no limit on the
number of the above signs on a site as long as their aggregate square
footage is within the total allowable area.
[c]
The character, size and graphic
features of said signs should express a uniformity of design and present
a harmonious appearance.
[2]
Under-canopy signs.
[a]
Under-canopy signs may be nonilluminated
or internally illuminated.
[b]
The overall height of under-canopy
signs shall not exceed 1 1/2 feet and the overall length shall
not exceed four feet and shall be installed at least nine feet above
pedestrian walk areas and the finished floor grade.
[c]
The character, size and graphic
features of said signs should express a uniformity of design and present
a harmonious appearance.
[3]
One freestanding sign may be placed on the premises
per site frontage which possesses a minimum of 200 linear feet of
road frontage subject to the following:
[a]
Freestanding signs shall be placed
at least 400 feet apart on the subject premises.
[b]
The maximum sign area shall be
200 square feet and shall be limited to the name of the shopping center
and its insignia and/or symbol, if any, and shall include the official
Town of Wallkill insignia.
[c]
Each shopping center freestanding
sign may include a directory sign which indicates the names of the
major tenants in the shopping center and shall contain no promotional
advertising. The area of each tenant's individual portion of the directory
sign shall count toward the total allowed area of the freestanding
sign for that frontage.
[d]
The maximum height of the sign
shall not exceed the maximum permitted building height in the district
in which the property is located, except in the Office and Research
District, where the maximum height of the sign shall not exceed 35
feet.
[Amended 7-26-2007 by L.L. No. 15-2007]
(c)
Comprehensive signage plan.
[1]
A comprehensive sign plan shall be submitted
to the Planning Board as part of its site plan and/or special permit
approval process for any shopping center to be reviewed and conceptually
approved by the Planning Board.
[2]
The character, size and graphic feature of all
signs as depicted in the comprehensive signage plan should express
a uniformity of design and present a harmonious appearance.
[3]
Any retail store or tenant making an application
for a sign permit shall submit with his application evidence that
the landlord or owner of the shopping center has approved the particular
signage.
(2)
Gasoline filling stations. Gasoline filling station
signs shall be subject to the following:
(a)
One attached wall, suspended wall or projecting
sign may be placed on the principal building, except that where the
building abuts two or more streets, additional such signs, one oriented
to each abutting street, shall be permitted. The maximum allowable
sign area for the sign shall be 1/2 square foot of sign area per linear
foot of building wall that fronts on a street.
(b)
One freestanding sign may be placed on the premises
subject to the following:
(c)
Service island identification signs. Service
island identification signs indicating the price of gasoline, other
relevant information or directions to persons using the facility,
but containing no advertising material, shall be allowed subject to
the following:
[1]
There shall be no more than one such sign for
each service island located on the premises.
[2]
The maximum allowable sign area for each such
sign shall not exceed six square feet.
[3]
Such signs may only be located attached directly
to the service island structure, if any, or pump.
[4]
Such signs shall not project higher than the
service island structure, if any, or pump, whichever is higher.
(3)
Gasoline service stations and motor vehicle repair
garages. Gasoline service stations and motor vehicle repair garage
signs shall be subject to the following:
(a)
One attached wall, suspended wall or projecting
sign may be placed on the principal building, except that where the
building abuts two or more streets, additional such signs, one oriented
to each abutting street, shall be permitted. The maximum allowable
sign area for the sign shall be 1/2 square foot of sign area per linear
foot of building wall that fronts on a street.
(b)
One freestanding sign may be placed on the premises
subject to the following:
(c)
Service island identification signs. Service
island identification signs (for gasoline service stations only) indicating
the price of gasoline, type of service offered, other relevant information
or directions to persons using the facility, but containing no advertising
material, shall be allowed subject to the following:
[1]
There shall be no more than one such sign for
each service island located on the premises.
[2]
The maximum allowable sign area for each such
sign shall not exceed six square feet.
[3]
Such signs may only be located attached directly
to the service island, if any, or pump.
[4]
Such signs shall not project higher than the
service island structure, if any, or pump, whichever is higher.
(d)
Service bay identification signs. Service bay
identification signs providing direction or instruction to persons
using the facility, but containing no advertising of any kind, shall
be subject to the following:
P.
Permits.
(1)
Permit required. Except for the following, no person
may erect, alter or relocate within the Town any sign without first
obtaining a sign permit:
(2)
Permit applications. Each sign being applied for shall
require the filing of a separate permit application. Applications
for sign permits shall be submitted to the Building Inspector on forms
prescribed and provided by the Town and shall contain or have attached
thereto the following information:
(a)
The names, addresses and telephone numbers of
the applicant, the owner of the property on which the sign is to be
erected or affixed and the person or company to be erecting or affixing
the sign.
(b)
The location of the building, structure or lot
on which the sign is to be erected or affixed.
(c)
A site plan of the parcel involved, showing
all structures and the exact location of the proposed sign.
(d)
Two sets of plans and specifications of the
sign to be erected or affixed and its method of construction and attachment
to the building or in the ground. Such plans and specifications shall
include details of dimensions, materials, color and weight.
(e)
If necessary, a certification from a professional
engineer or registered architect licensed to practice in the State
of New York indicating that the sign is designed to withstand winds
of at least 100 miles per hour.
(f)
The written consent of the owner of the building,
structure or property on which the sign is to be erected or affixed.
(g)
The method of illumination, if any, and the
position of lighting or other extraneous devices and a copy of the
electrical permit related to the electrical connection.
(h)
Such other information as the Building Inspector
may require to determine full compliance with this and other applicable
ordinances and regulations of the Town.
(3)
Issuance of permits. Upon the filing of an application
for a sign permit, the Building Inspector shall examine the plans,
specifications and other submitted data and the premises upon which
the sign is proposed to be erected or affixed. If it appears that
the proposed sign is in compliance with all the requirements of this
Zoning Law and other applicable ordinances of the Town and if the
appropriate permit fee has been paid, the Building Inspector shall,
within 30 days, issue a permit for the proposed sign. The issuance
of a permit shall not excuse the applicant from conforming to the
other laws, ordinances or regulations of the Town. If the work authorized
under a sign permit has not been completed within 90 days after the
date of issuance, the permit shall become null and void, but may be
renewed within 15 days prior to the expiration, for good cause shown,
for an additional 90 days, upon payment of 1/2 of the original permit
fee.
(4)
Permit fees. At the time of filing a sign permit application,
said application shall be accompanied by an appropriate application
fee. Said application fees shall be established by Town Board resolution.
Q.
Review of existing signs.
(1)
Nonrequested inspections. The Building Inspector or
his authorized representative shall have the authority, without a
formal request, to inspect any sign for the purpose of identifying
those signs which are not in compliance with the provisions of this
chapter.
(2)
Requests for inspections. Any person may file a written
request with the Building Inspector requesting an inspection of one
or more existing signs as identified in the request. In each such
instance, the Building Inspector shall promptly inspect such sign(s)
to determine compliance with the provisions of this chapter. Following
the inspection, the Building Inspector shall make a written report
indicating the findings of the inspections to both the owner of the
inspected sign and to the person filing the request for inspection.
(3)
Notice of violation. The Building Inspector shall notify, in writing, each owner of an existing sign found to be in violation of any provision of this chapter pursuant to inspections made under § 249-11Q(1) and (2) above. The notice shall specifically refer to each section of this chapter under which a violation has been found to exist and thereupon describe the features of the inspected sign found to be deficient.
(4)
Effect of notice. Upon receipt of a notice of violation
for an existing sign, the owner of said sign shall have 15 days to
correct the violation(s). If the violation(s) is not corrected after
the conclusion of such fifteen-day period, the Building Inspector
is hereby authorized to cause the sign to be removed or repaired forthwith
at the expense of the owner of the building or premises on which such
sign is located.
R.
Removal of certain signs.
(1)
Nonconforming signs. If the Building Inspector shall find that any nonconforming sign, except for those legal nonconforming signs as specified in § 249-11G, is displayed, he shall give written notice to the owner of the premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Building Inspector is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.
(2)
Obsolete signs. Any sign, whether existing on or erected
after the effective date of this chapter, which advertises a business
no longer being conducted or a product no longer being offered for
sale in or from the premises on which the sign is located, shall be
removed within 30 days upon cessation of such business or sale of
such product by the owner of the building or premises on which such
sign is located. If the Building Inspector shall find that any such
obsolete sign has not been removed within 30 days upon the cessation
of such business or sale of such product, he shall give written notice
to the owner of the building or premises on which such sign is located.
Removal of the sign shall be effected within 15 days after receipt
of the notice. If such sign is not removed after the conclusion of
such fifteen-day period, the Building Inspector is hereby authorized
to cause the sign to be removed forthwith at the expense of the owner
of the building or premises on which such sign is located.
(3)
Unsafe signs. If the Building Inspector shall find
that any sign is unsafe, insecure or is a menace to the public, he
shall give written notice to the owner of the building or premises
on which such sign is located. Correction of the condition which caused
the Building Inspector to give such notice shall be effected within
15 days after receipt of the notice. If such condition is not corrected
after the conclusion of such fifteen-day period, the Building Inspector
is hereby authorized to cause the sign to be removed forthwith at
the expense of the owner of the building or premises on which such
sign is located. Notwithstanding the foregoing provision, the Building
Inspector is authorized to cause any sign to be removed summarily
and without notice, at the expense of the owner of the building or
premises on which such sign is located, whenever he determines that
such sign is an immediate peril to persons or property.
[Amended 4-10-1980 by L.L. No. 4-1980; 4-8-1982 by L.L. No. 3-1982; 4-23-1987 by L.L. No. 2-1987]
A.
There shall be provided on the same site with any
use off-street parking spaces for vehicles in accordance with the
requirements herein. Where existing buildings or uses not meeting
these requirements are proposed to be changed, altered or enlarged,
in any district, off-street parking shall be provided as required
herein.
B.
Permitted accessory parking. Off-street parking spaces,
open or enclosed, are permitted accessory to any use, provided that:
(1)
There shall be no limitation on the number of agricultural
vehicles permitted accessory to a farm use.
(2)
Not more than one commercial vehicle, not exceeding
25 feet in length, may be parked within a private garage or driveway
in any RA, RA-1, R-1 or R-2 District on lots up to one acre in size.
[Amended 7-26-2007 by L.L. No. 15-2007]
(3)
For all residential lots, other than townhouse lots,
any unoccupied camping trailer, utility trailer, house trailer, boat
and/or boat trailer and recreational vehicle may be stored on the
lot. Such outside storage shall take place to the rear of or to the
side of such residence but shall be no closer than five feet to any
side or rear property line.
(4)
For all Townhouse lots, not more than one unoccupied
camping trailer, utility trailer, house trailer, boat and/or boat
trailer or recreational vehicle may be stored on the lot. Such outside
storage shall take place in the driveway.
C.
General parking area standards.
(1)
Mixed uses. In the case of mixed uses, the total
requirements for off-street parking spaces shall be the sum of the
requirements for the various uses. Off-street parking facilities for
one use shall not be considered as providing parking facilities for
any other use.
[Amended 11-9-1995 by L.L. No. 7-1995]
(a)
The Planning Board may, however, approve the alternating use of parking facilities in cases where parties wish to cooperatively establish and operate parking facilities and where these generate parking demands primarily during hours when the remaining uses are not in operation, i.e., one use may operate in the daytime and the other at night only, and the parking would then serve both uses. The applicant may also request that the Planning Board vary the requirements of the Bulk Table, § 249-12F, by decreasing the required parking. The applicant must provide adequate substantiation that the conditions of the use are unusual and provide adequate verification that the number of spaces required in accordance with Subsection F are excessive. The complete burden of proof for such a reduction in the total number of required parking spaces, however, shall remain with the applicant, and documentation shall be submitted to the Planning Board substantiating the reason for this requested parking reduction. As a condition precedent to approving such alternating use, the Planning Board shall require:
[Amended 7-25-1996 by L.L. No. 7-1996]
[1]
That whatever alternative units of measurements
are required for computing off-street parking requirements, that unit
of measurement which provides the greater number of off-street parking
spaces shall control.
[2]
The submission of satisfactory statements by
the parties providing such facilities and describing the nature of
the uses and times when such uses operate so as to indicate the lack
of conflict between them.
[3]
That no use established pursuant to the provisions
of this procedure may be changed without prior approval of the Planning
Board.
(2)
Accessible parking spaces where parking is provided,
accessible parking spaces shall be provided in accordance with the
below table (Additional accessible parking requirements shall be provided
per Section 1106 of the 2020 Building Code of the New York State):
[Amended 8-26-2021 by L.L. No. 6-2021]
(a)
The number of accessible parking spaces shall be included in
the required number of parking spaces and shall be in accordance with
the following table:
|
Total Off-Street Parking Required
|
Accessible Parking Required
|
|---|---|
|
Up to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
Over 1,000
|
20, plus 1 for each 100 over 1,000
|
(b)
Such spaces shall be the spaces closest to the entrance of the
building or use for which they are provided and shall be connected
thereto by a paved surface of which no less than five feet in width
is unobstructed and has no point at which the gradient exceeds one
foot rise or fall in 20 feet.
(c)
Such spaces shall comply with the design standards set forth
in ICC A117.1-2009 and the specific requirements of Section 1106.1.1
of the 2020 Building Code of New York State.
(3)
Compact car parking. For any required off-street parking
area, which contains 100 or more spaces, 20% of all the required spaces
may be requested to be compact car spaces.
(4)
Required accessory parking spaces, open or enclosed,
may be provided upon the same lot as the use to which they are accessory,
or elsewhere, provided that all spaces therein are located within
500 feet of walking distance of such use. In all cases, such parking
spaces shall conform to all the regulations of the district in which
they are located. In no event shall such parking spaces be located
in any residential district unless the uses to which they are accessory
are permitted in such district. Such spaces shall be in the same ownership
as the use(s) to which they are accessory or leased for not less than
50 years, and said owner or lessee shall maintain the required number
of spaces available, either throughout the existence of such use or
until parking spaces are provided elsewhere.
(5)
All off-street parking facilities shall be used solely
for the parking of vehicles in operating condition by patrons, occupants
or employees of the use to which such parking is accessory. No motor
vehicle repair work, except emergency service, shall be permitted
in association with any required off-street parking facilities.
(6)
Required off-street parking areas shall not be used
for the sale, repair, dismantling or servicing of any vehicle (excluding
emergency repairs to your personal vehicle), equipment, materials
or supplies.
D.
Off-street parking layout, standards, construction
and maintenance. Whenever the off-street parking requirements in this
section require the construction of an off-street parking facility,
such off-street parking lots shall be designed, constructed and maintained
in accordance with the following standards and regulations:
(1)
Each parking space shall contain at least 162 square
feet, exclusive of drives and aisles.
(a)
The minimum width shall be nine feet, and the
minimum depth shall be 18 feet.
(b)
Each space shall be double striped. The stripes
shall be four inches wide and 14 inches on center, thereby creating
12 inches between stripes. The nine-foot minimum space shall be measured
at the midpoint between the stripes. All parking areas shall be restriped
at least once a year.
(2)
Circulation.
[Amended 8-23-1990 by L.L. No. 13-1990]
(a)
Each row of parking spaces shall have curbed
traffic safety islands installed at both ends.
[Amended 7-26-2007 by L.L. No. 15-2007]
(b)
Each row of parking shall be of such length
as is deemed suitable by the Planning Board in consideration of site
characteristics, circulation patterns, safety considerations and aesthetics.
(3)
All off-street parking areas shall be provided with
safe and convenient access to a public street. If any such areas are
located contiguous to a street, the street side thereof shall be curbed,
and ingress and egress shall be provided only through driveway openings
through the curb of such location and construction as may be approved
by the Planning Board. The width of ingress and egress drives shall
be as follows:
(4)
Entrance and exit drives shall be designed and constructed
to facilitate the safe and efficient flow of traffic. The number of
drives shall be the minimum that will allow the property to accommodate
the anticipated traffic. Except for single-family and two-family dwellings,
drives shall be clearly and permanently marked by curbs, planting
islands, fences or other devices placed adjacent to the driveway.
The radius of any entrance curbs shall be at the discretion of the
Planning Board.
(5)
No planting, fences or other visual obstructions more
than 30 inches tall nor tree limbs maintained lower than eight feet
from the ground shall be permitted within the area formed by the intersection
of the driveway line, the street right-of-way line and a straight
line joining said lines through points 20 feet from their intersection.
(6)
On all corner lots, there shall be a minimum distance
of 30 feet from any entrance or exit drive to the lot line fronting
on the intersecting street.
(7)
Except as may be qualified elsewhere in this chapter,
off-street parking spaces and driveways located on the ground and
open to the sky may be located in any required yard but not nearer
to any front or side lot property line than 10 feet. Except as may
be qualified elsewhere in this chapter, parking structures and carports
shall be subject to the minimum yard requirements applicable in the
district in which they are located.
(8)
Any lighting used to illuminate off-street parking
or loading areas or garages shall be arranged and designed so as to
reflect the light away from adjoining premises. Any such areas shall
not be lighted at any time other than during the same hours that the
use to which the parking is accessory is open for business, except
for necessary security lighting.
(9)
The minimum width of interior aisles shall be as follows:
(10)
All parking areas shall be designed for proper
drainage as approved by the Planning Board.
(12)
All parking areas, other than for single-family
dwellings, of less than 20 spaces, shall be provided with a stabilized
base and dust-free surface. All other parking areas shall be provided
with a bituminous-type surface. All such surfaces shall be approved
as to type, depth and subgrade by the Planning Board.
[Amended 7-25-1996 by L.L. No. 7-1996]
(13)
Except for parcels devoted to one- and two-family
dwellings, all areas devoted to off-street parking shall be so designed
and be of such size that no vehicle is required to back into a public
street to obtain egress.
(14)
Parking facilities on more than one level shall
be designed in accordance with the standards set forth herein for
grade level parking facilities insofar as they are reasonably applicable.
E.
Computation of required off-street parking spaces. All off-street parking spaces shall be computed as set forth in Subsection F below, except as follows:
(1)
When the application of said Subsection F results in the requirement of a fractional parking space, any fraction up to 1/2 may be disregarded, and any fraction equaling 1/2 or more shall be construed as requiring one full parking space.
(2)
When required parking computations are based on gross
floor area, any floor area devoted exclusively to parking shall not
have off-street parking space requirements.
(4)
Parking spaces required on an employee basis shall
be based on the maximum number of employees on duty on the premises
at any one time.
F.
Off-street parking spaces required. Every use hereafter
inaugurated and every building or structure hereafter erected or altered
shall have permanently maintained, on the same parcel, off-street
parking spaces in accordance with the standards listed below, except
where otherwise specified in this chapter. The number of off-street
parking spaces required shall be no less than the following:
[Amended 7-30-1990 by L.L. No. 10-1990]
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Dwelling, other than multiple dwelling
|
2 per dwelling unit
| |
|
Boardinghouse, motel, hotel or guest room
|
1 per habitable room or unit, plus 1 for every
2 employees
| |
|
Place of worship, meeting hall, theater, auditorium
or other place of public assembly not otherwise classified
[Amended 8-26-2021 by L.L. No. 6-2021] |
1 per 4 seats or 1 per 40 square feet of seating
area where fixed seating is not provided
| |
|
Home occupation
|
2 per 150 square feet of the use, plus 1 for
each additional 150 square feet or fraction thereof
| |
|
Offices and banks (except medical and dental
|
1 per 300 square feet of gross floor area
| |
|
Medical and dental offices and clinics
|
1 per 150 square feet of gross floor area
| |
|
Laboratory
|
1 per 1.25 employees, plus sufficient visitor
parking
| |
|
Retail stores
|
1 per 150 square feet for the first 2,000 square
feet of gross floor area and 5.5 per 1,000 square feet of gross floor
area in excess of 2,000 square feet
| |
|
Food store, supermarket, etc.
|
1 per 150 square feet of gross floor area
| |
|
Service shops
|
1 per 200 square feet of gross floor area
| |
|
Furniture, major appliance and carpet store
|
1 per 700 square feet of gross floor area, with
a minimum of 20 spaces
| |
|
Eating and drinking establishments
|
1 per 50 square feet of patron area, plus 1
per 200 square feet of other area
| |
|
Eating and drinking establishments: fast-food,
drive-in, drive-up and drive-through, i.e., product specialty hamburgers,
donuts, pizza, deli-counter, ice cream, bakery, etc.
|
1 per 50 square feet of gross floor area, with
a minimum of 20 spaces
| |
|
Shopping center
[Amended 8-23-1990 by L.L. No. 13-1990; 2-27-1997 by L.L. No. 1-1997; 2-12-1998 by L.L. No. 2-1998; 5-29-1998 by L.L. No. 4-1998] |
4.2 per 1,000 square feet of net floor area
for centers up to 400,000 square feet
| |
|
4.5 per 1,000 square feet of net floor area
for centers 400,000 square feet to 1,000,000 square feet
| ||
|
4.0 per 1,000 square feet of net floor area
for centers over 1,000,000 square feet
| ||
|
Shopping center with:
| ||
|
Offices
| ||
|
Occupying up to 10% of GLA
for all centers
|
No additional spaces required
| |
|
Occupying 10% or greater of GLA
for all size centers
|
No additional spaces required for offices occupying
up to the first 10% of GLA; 1 additional space per 600 square feet
of GLA of offices occupying 10% to 50% of shopping center GLA; 1 additional
space per 300 square feet of GLA of offices occupying greater than
50% of shopping center GLA
| |
|
Cinemas
| ||
|
If GLA is under 100,000 square feet and
cinemas greater than 10% of GLA
|
Additional 3 spaces per 100 seats
| |
|
If GLA is 100,000 to 200,000 square feet and
cinema over 450 seats
|
Additional 3 spaces per 100 seats above 450
seats
| |
|
If GLA is 200,000 to 600,000 square feet and
cinema over 750 seats
|
Additional 3 spaces per 100 seats above 750
seats
| |
|
If GLA is over 600,000 square feet
|
No additional spaces required
| |
|
Eating and drinking establishments, including
fast-food drive-in, drive-up and drive-through, i.e., product specialty
hamburgers, donuts, pizza, deli-counter, ice cream, bakery, etc.,
occupying up to 10% of GLA if GLA is under 100,000 square feet,
or occupying up to 5% of GLA if GLA is 100,000 square feet and over
| ||
|
If GLA over 25,000square feet and under 100,000
square feet
|
Additional 10 spaces per 1,000 square feet of
eating and drinking establishment
| |
|
If GLA 100,000 square feet and over and
under 200,000 square feet
|
Additional 6.0 spaces per 1,000 square feet
of eating and drinking establishment
| |
|
If GLA 200,000 square feet and over and
under 600,000 square feet
|
Additional 2.0 spaces per 1,000 square feet
of eating and drinking establishment
| |
|
If GLA 600,000 square feet and over
|
No additional spaces required for eating and
drinking establishment
| |
|
Occupying 10% or greater of GLA if GLA
under 100,000 square feet; or occupying 5% or greater
of GLA if GLA 100,000 square or feet over
|
Parking spaces as required for above, except
as modified by the Planning Board in connection with its site plan
and/or special permit review, except that no additional parking spaces
shall be required for centers 600,000 square feet or over
| |
|
Occupying a separate structure in
any size center
|
Parking spaces as required above for all eating
and drinking establishments/but in no case less than 20 additional
spaces except that no additional parking spaces shall be required
for centers 600,000 square feet or over
| |
|
In the event that restaurant uses
are not known at the time of site plan review, restaurant
uses shall be assumed to occupy 10% of GLA up to 100,000
square feet and 5% of GLA over 100,000 square feet
|
Spaces as required above for varying-sized centers
| |
|
Funeral homes
|
1 per 40 square feet of public room area
| |
|
Indoor and outdoor commercial recreation
|
1 per 150 square feet of ground floor area devoted
to the use
| |
|
Health clubs, spas, figure salons
|
1 per 100 square feet of gross floor area
| |
|
Bowling alleys
|
4 per alley/lane
| |
|
Manufacturing and industrial establishments
|
1 per 1,000 square feet of gross floor area
or 1 per employee on the largest shift, whichever is greater, plus
1 per company vehicle
| |
|
Wholesale business
|
1 per 50 square feet of customer area, plus
1 per 1.5 employees
| |
|
Warehouse
|
1 per 1,500 square feet of gross floor area
for the first 10,000 square feet, plus 1 per each additional 5,000
square feet, plus 1 per 300 square feet of office area
| |
|
Miniwarehousing
|
4 per 1,000 square feet of gross office space
associated with the use, plus 1 per employee with a minimum of 4 spaces
| |
|
Outdoor sales lots
|
1 per 3,000 square feet of gross lot area
| |
|
Hospitals
|
3 per 2 beds, plus 1 per 3 employees
| |
|
Nursing homes, sanatoriums
|
1 per 3 beds
| |
|
Grade schools, elementary and junior high schools
|
1 per employee and faculty member
| |
|
Senior high school
|
1 per employee and faculty member, plus 1 per
6 students for which the facility is designed
| |
|
Trade schools, business and commercial schools,
colleges
|
1 per employee and faculty member, plus 1 per
1.5 students for which the maximum capacity designed
| |
|
Day-care center, nursery school
[Amended 12-27-1990 by L.L. No. 18-1990] |
1 per 10 students and 1 per staff member
| |
|
Private school
|
1 per 12 seats/students based on ultimate capacity
of the building
| |
|
Motor vehicle sales establishment
[Added 12-27-1990 by L.L. No. 18-1990] |
1 per 300 square feet of gross floor area; plus
spaces required for storage of vehicles and 5 per service bay
| |
|
Gasoline filling station
[Amended 12-27-1990 by L.L. No. 18-1990] |
1 per pump island, plus 5 per service bay
| |
|
Motor vehicle repair garage
[Amended 12-27-1990 by L.L. No. 18-1990] |
5 per service bay
| |
|
Motor vehicle rental and leasing establishments
[Added 12-27-1990 by L.L. No. 18-1990] |
1 per 100 square feet of gross floor area excluding
spaces provided for storage of vehicles
| |
|
Veterinary hospitals, dog kennels
[Added 12-27-1990 by L.L. No. 18-1990] |
1 per 250 square feet of gross floor area
|
G.
Permitted accessory loading berths. Off-street loading
berths, open or enclosed, are permitted accessory to any use, except
residences. Such berths shall not be located in any required yards.
H.
Off-street loading space standards.
[Amended 8-23-1990 by L.L. No. 13-1990]
(1)
All uses shall be provided with off-street loading
spaces in accordance with the following requirements:
|
Use
|
Minimum Number of
Required Loading
Spaces
| |
|---|---|---|
|
Dwelling, other than multiple dwelling, boardinghouse,
motel, hotel or guest room
|
None
| |
|
Place of worship, meeting hall, theater, auditorium
or other place of public assembly not otherwise classified
[Amended 8-26-2021 by L.L. No. 6-2021] |
1
| |
|
Offices and banks
| ||
|
0 square feet to 10,000 square feet
|
None
| |
|
10,000 square feet to 50,000 square
feet
|
1
| |
|
Each additional 50,000 square feet
or major portion thereof
|
1
| |
|
Medical and dental offices and clinics
|
Same as above
| |
|
Laboratory
|
Same as above
| |
|
Retail stores
| ||
|
0 square feet to 5,000 square feet
|
None
| |
|
5,000 square feet to 25,000 square
feet
|
1
| |
|
25,000 square feet to 50,000 square
feet
|
2
| |
|
50,000 square feet to 100,000 square
feet
|
3
| |
|
Each additional 100,000 square feet
or major portion thereof
|
1 additional
| |
|
Food store, supermarket, etc.
|
Same as above
| |
|
Service shops
|
Same as above
| |
|
Furniture, major appliance and carpet store
|
Same as above
| |
|
Eating and drinking establishments: fast-food,
drive-in, drive-up and drive-through, i.e., product specialty hamburgers,
donuts, pizza, delicounter, ice cream, bakery, etc.
|
Same as above
| |
|
Funeral homes
|
Same as above
| |
|
Indoor and outdoor commercial recreation
| ||
|
0 square feet to 10,000 square feet
|
1
| |
|
10,000 square feet to 100,000 square
feet or major portion thereof
|
1 additional
| |
|
Health clubs, spas
|
Same as above
| |
|
Figure salons
|
Same as above
| |
|
Bowling alleys
|
Same as above
| |
|
Shopping center
| ||
|
25,000 square feet to 50,000 square
feet
|
2
| |
|
50,000 square feet to 100,000 square
feet
|
3
| |
|
Each additional 100,000 square feet
or major portion thereof to 500,000 square feet
|
1
| |
|
Each additional 100,000 square feet
or major portion thereof to 500,000 square feet
|
1
| |
|
Manufacturing and industrial establishments
| ||
|
0 square feet to 10,000 square feet
|
1
| |
|
10,000 square feet to 50,000 square
feet
|
2
| |
|
50,000 square feet to 100,000 square
feet
|
3
| |
|
Each additional 50,000 square feet
or major portion thereof
|
1 additional
| |
|
Wholesale business
|
Same as above
| |
|
Warehouse
|
Same as above
| |
|
Miniwarehousing
|
None
| |
|
Outdoor sales lots
|
None
| |
|
Hospitals
| ||
|
Up to 100,000 square feet
|
1
| |
|
For each additional 100,000 square
feet
|
1
| |
|
Nursing homes, sanatoriums
| ||
|
0 beds to 20 beds
|
None
| |
|
21 beds to 100 beds
|
1
| |
|
101 beds to 200 beds
|
2
| |
|
Over 200 beds
|
3
| |
|
Grade schools, elementary and junior high schools
| ||
|
0 square feet to 30,000 square feet
|
None
| |
|
30,000 square feet to 200,000 square
feet or some fraction thereof
|
1
| |
|
Senior high school
|
Same as above
| |
|
Trade school, business and commercial schools,
colleges
| ||
|
0 square feet to 10,000 square feet
|
None
| |
|
10,000 square feet to 100,000 square
feet
|
1
| |
|
100,000 square feet to 200,000 square
feet
|
2
| |
|
Each additional 100,000 square feet
or major portion thereof
|
1
| |
|
Nursery school, day-care facility
| ||
|
0 square feet to 30,000 square feet
|
None
| |
|
30,000 square feet to 200,000 square
feet
|
1
| |
|
Or some fraction thereof
|
1
| |
|
Private school
|
Same as above
| |
|
Motor vehicle sales establishment
[Added 12-27-1990 by L.L. No. 18-1990] | ||
|
0 square feet to 10,000 square feet
|
None
| |
|
10,000 square feet to 50,000 square
feet
|
1
| |
|
Gasoline filling station
[Amended 12-27-1990 by L.L. No. 18-1990] |
Same as above
| |
|
Motor vehicle repair garages
[Amended 12-27-1990 by L.L. No. 18-1990] |
Same as above
| |
|
Motor vehicle rental and leasing establishment
[Added 12-27-1990 by L.L. No. 18-1990] |
Same as above
| |
|
Veterinary hospitals, dog kennels
[Added 12-27-1990 by L.L. No. 18-1990] | ||
|
0 square feet to 10,000 square feet
|
None
| |
|
10,000 square feet to 50,000 square
feet
|
1
| |
|
Each additional 50,000 square feet
or major portion thereof
|
1
| |
(2)
Such spaces shall be provided and maintained on the
same lot with the pertinent use or uses.
(3)
Each loading space shall be not less than 14 feet
wide, 50 feet long and 14 feet in height.
(4)
If such spaces are not enclosed, they shall be located
not less than 200 feet from any residential district boundary. Such
spaces shall also be effectively screened from such district. The
screening plan shall be approved by the Planning Board.
(5)
All of the interior access roads or aisles leading
to the loading spaces shall be a minimum of 15 feet wide for one-way
traffic and 24 feet wide for two-way traffic. At any point where the
access roads or aisles form corners, said corners shall have a minimum
radius of 50 feet to the outside pavement line.
(6)
All loading spaces shall be located to provide direct
access to the building to which they are accessory.
A.
Purpose. To provide for the location of certain uses
which are deemed desirable for the public welfare within a given district
or districts, but which are potentially incompatible with typical
uses permitted within them, a classification of special permit uses
and uses subject to plan approval is hereby established.
A.
Purpose. In order to promote safety and good appearance,
to preserve property values and to further the general purposes of
this chapter, the following regulations shall apply to any business
premises where automobiles, trucks, tractors or similar vehicles are
kept outdoors, whether existing before or after the enactment of this
chapter, or amendments thereto, and provided that such use otherwise
complies with all other laws and ordinances.
B.
No vehicles shall be stored within 20 feet of a front
property line, nor nearer than 10 feet to a side property line, now
or hereafter, unless a variance has been approved as provided in this
chapter.
C.
Vehicles shall be stored in line and in an orderly
fashion, with not less than four feet between any part of two vehicles.
D.
No commercial vehicle exceeding 25 feet in length
shall be parked, other than for the purpose of loading and unloading,
in any residential area.
E.
The outdoor storage of parts of vehicles, or of vehicles
from which parts have been removed, except for the purpose of immediate
repair of said vehicle, is prohibited, whether the vehicle is licensed
or unlicensed.
A.
Purpose. The areas of the Town of Wallkill which are
subject to periodic inundation and ponding, as delineated on the Zoning
Map, are designated as Floodplain and Ponding Area Subdistricts within
the seven principal districts of the Town for the purposes of protecting
human life, preventing material losses and reducing the cost to the
public of rescue and relief efforts occasioned by the unwise occupancy
of areas subject to floods and ponding.
B.
Permitted uses. In the subdistrict, no structure shall
be erected, constructed, reconstructed, altered or moved except as
listed below:
(1)
Recreational uses, not involving buildings or structures,
conservation areas and wildlife preserves.
(2)
Agricultural and commercial agricultural operations,
including structures and uses accessory thereto.
(3)
Public utility structures, other than buildings.
(4)
Annual membership clubs, not including principal buildings.
(5)
Parking facilities, excluding structures.
C.
Exceptions. Notwithstanding the above, the Planning
Board, upon finding that an area in an FP Subdistrict described by
an application submitted by an owner or his agent is safe from flooding
and/or ponding, may permit such area to be used in accordance with
the regulations (including use, area, bulk and height) specified for
the principal district. An applicant applying for such permission
shall produce sufficient evidence that the area covered by the application
is now actually safe from flooding and/or ponding. Such evidence shall
include an indication that means of vehicular access to the premises
from an existing street is safe from flooding and may include engineering
surveys and reports. Evidence shall also be submitted that sewage
disposal, water supply and surface drainage are adequate to serve
the intended use.
D.
Fill and basement elevations, along the Wallkill River,
shall be in accordance with the following:
|
Locations
|
Elevations
Which No
Filling Is
Permitted
|
Lowest Elevation
of Permitted
Basement Floor
| |
|---|---|---|---|
|
Town line at southern point on Wallkill River
|
368.14
|
375.70
| |
|
County Route 53 at point of Crossing Wallkill
River
|
362.20
|
369.70
| |
|
Town line at northern point on Wallkill River
|
360.95
|
368.50
|
E.
All proposals for lands within the FP Subdistrict or for which elevations are presented in Subsection D shall be reviewed by the Orange County Soil and Water Conservation Service and the Town of Wallkill Commissioner of Public Works.
F.
Data necessary for plat approval of land in the FP
Subdistrict.
(1)
Topography using contours at vertical intervals of
not more than two feet to an elevation 10 feet above the FP Subdistrict
boundary line. All elevations must be based on United States Geological
Survey datum.
(2)
Finished basement floor elevations for all buildings.
(3)
Location and elevations of any facilities proposed
to be placed in the FP Subdistrict as a permitted use.
All uses are subject to all soil and drainage
standards set forth in the Town of Wallkill Subdivision Regulations
now or hereafter adopted.[1]
A.
The erection and maintenance of highway safety shelters
for school children shall be permitted in any zone of the Town of
Wallkill, subject to the conditions and limitations herein provided.
B.
Highway safety shelters shall not exceed a maximum
of eight feet in width, eight feet in length and 80 inches in height
and shall be anchored to a slab of reinforced concrete at least four
inches in thickness or to a substitute base flooring approved by the
Building Inspector.
C.
The two outside walls of such shelter visible from
the highway may have advertising signs painted thereon or affixed
thereto, provided that the sign area shall not exceed three feet by
seven feet on each of the two sides of the shelter. The advertising
material shall contain no reference to tobacco or intoxicating beverages,
nor any other material deemed offensive to the public dignity or unsuitable
for school children.
D.
Permits. No shelter may be erected until a building
permit has been secured therefor from the Building Inspector who shall
have power to approve the location and any variation in size or materials.
Before the permit may be issued, there shall be filed with the Building
Inspector a written consent and a certificate of necessity issued
by the school authorities of the school district and written consent
by the owner of the property upon which the shelter is to be placed.
Before any permit shall be issued, the applicant must also provide
satisfactory evidence that liability insurance is provided with limits
of $500,000 and $1,000,000 and the applicant must furnish a certificate
of insurance or other written evidence thereof satisfactory to the
Town of Wallkill. In the discretion of the Building Inspector, the
usual building setback requirements shall not apply.
E.
If the Building Inspector should fail to act upon
the application for the building permit or refuse to grant the building
permit, then the applicant may appeal to the Zoning Board of Appeals,
which Board is hereby authorized to conduct a hearing and thereafter,
within 10 days, shall either issue the permit upon finding that the
applicant complies with the provisions hereof or shall deny such permit
upon a finding that a highway safety shelter is not needed at the
proposed location or that the applicant is unable to comply with the
provisions hereof.
F.
All highway safety shelters shall be maintained in good repair and safe condition and shall be repainted when necessary. If such shelter shall be found unsafe, unpainted or in disrepair, then the same shall be considered a prohibited shelter and the enforcement provisions provided in Article XVI of this chapter shall apply, with notice to the owner and the right to remove by the Town as provided in Article XVI.
G.
All existing highway safety shelters not conforming
to this chapter shall be made to conform or shall be removed within
six months after the effective date of this chapter.
[Added 2-25-1988 by L.L. No. 4-1988]
Upon the review and approval of a site plan
by the Town Planner in accordance with the provisions of this section,
certain temporary uses as specified herein may be established within
a subdivision for which a final map has been approved by the Planning
Board, or in conjunction with a multiple-dwelling complex, solely
for the marketing of dwellings and/or lots in the same development.
A.
Permitted uses. The following temporary uses may be
permitted in conformance with the following standards:
(1)
Construction trailers for the storage of equipment
and materials used in connection with the construction of the subdivision
in which they are located. There shall be no more than two such construction
trailers allowed in any subdivision. Such construction trailers may
only be approved if the builder applying for the trailers is the sole
builder in the subdivision. If the subdivision has two or more builders
operating in it, the builders may jointly apply for and, if approved,
utilize no more than two such construction trailers. Such uses may
be kept for the construction life of the subdivision but in no event
longer than two years.
(2)
Real estate sales office facilities for purposes of
promoting the sale or rental of units and/or lots which are located
within the same development. Such sales office shall be erected on
an individual site which conforms to a lot shown on the approved subdivision,
shall meet all setback requirements of the applicable zone and shall
qualify in all respects for sale and occupancy upon termination of
its use as a sales office.
(3)
Model homes in a number not to exceed that necessary
to provide one example of each unit type being offered in the development.
Reversed floor plans and exterior facade variations will not be considered
as separate unit types. Each model shall be erected on an individual
site which conforms to a lot shown on the approved subdivision, shall
meet all setback requirements of the applicable zone and shall qualify
in all respects for sale and occupancy upon termination of its use
as a model home.
B.
Site plan review criteria. No use authorized by this
section shall be located, installed or operated in a manner that will
have an unnecessarily adverse effect on the use and enjoyment of any
property on which an occupied unit is located or may be located during
the duration of such authorized use.
C.
Site plan content. The site plan shall contain such
maps and drawings as are necessary to show the location of the above
temporary uses and their relationship to off-street parking, vehicular
and pedestrian access and the surrounding area.
D.
Building permits. Prior to the issuance of a building
permit for the temporary uses above, the following conditions shall
be met:
(1)
The subdivision in which such temporary use is to
be located must have been approved by the Planning Board, and the
map stamped and signed by the Chairman.
(2)
Appropriate zoning must be in effect for the property
encompassed by the subdivision or development to accommodate the lot
sizes shown on the final map and the proposed uses thereof.
(3)
The site plan must be submitted to and approved by
the Town Planner.
(4)
Necessary sanitary facilities must be provided as
required by the Building Inspector.
[Added 8-26-2021 by L.L.
No. 6-2021]
If a proposed building or structure to be erected on land in
a zoning district would be utilized for activities that qualify under
one or more principal, accessory, or special permitted uses as allowed
in that zoning district, the following conditions shall apply:
A.
The most restrictive set of bulk requirements applicable to the respective
uses shall be applied in connection with the proposed building or
structure.
B.
If one of the applicable uses for the proposed building or structure
is a special permitted use, then site plan approval must be sought
from the Planning Board.
