The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:
A.
Existing nonconforming lots. In any district where
a nonconforming lot exists as a separate entity at the time of passage
of this chapter and where the owner of the nonconforming lot does
not own an adjoining lot, then the following development is permitted:
(1)
If the lot is located in the R-1, R-2 or R-3 District,
a single-family dwelling may be constructed on it as a permitted use,
provided that the lot is at least forty-eight by one hundred (48 x
100) feet in the R-1 District and at least 45 feet wide by 90 feet
deep in the R-2 and R-3 Districts. Such lots shall have front and
rear yards equal to that specified for the district in which the lot
is located and side yards each equal to at least eight feet.
(2)
If the lot is located in any remaining district, then
a structure not exceeding two stories in height may be constructed
on it for a use permitted in the district in which it is located as
shown on Schedule I,[1] provided that the off-street parking and loading requirements
of this chapter shall be complied with and that the front, side and
rear yards are in keeping with the surrounding area.
[1]
Editor's Note: Schedule I can be found at
the end of this chapter.
B.
Height limitations. District height limitations shall
not apply to church spires, cupolas, domes, monuments, water towers,
chimneys, smokestacks, farm structures, silos, flagpoles, utility
towers and parapet walls extending not more than four feet above the
limiting height of the building. The Board of Appeals may waive the
height limitations of this chapter as they pertain to elevator apartments
and to commercial and manufacturing buildings. In such cases, the
Board of Appeals shall determine that such a departure is in the best
interests of the municipality, that it will be compatible with and
not cause substantial injury to the value of other adjoining property
and that adequate off-street parking, loading and fire protection
will be provided.
C.
Front yard exception. When an unimproved lot is situated
between two improved lots, each having a principal building within
30 feet of the side lot line of the unimproved lot, the front yard
may be reduced to a depth equal to that of the greater front yard
of the two adjoining lots; provided, however, that it may not be reduced
to below 20 feet in residential districts and 10 feet in C-1, C-2,
I-1 and I-2 Districts.
[Amended 1-4-1996 by L.L. No. 1-1996]
D.
Projections into yards. Projections into required
yards shall be permitted as follows, except that no such projection
shall be located closer than 10 feet to any side or rear lot line
or 15 feet to any front lot line.
(1)
Fire escapes, uncovered stairs and landings, canopies,
eaves or other architectural features not required for structural
support may project into the required side, front or rear yard not
more than a total of three feet.
(2)
Porches may project into the required rear yard up
to 12 feet.
(3)
Patios may be located in the required side and rear
yards not closer than 10 feet to any adjacent property line and may
project into front yards up to 15 feet, except that patios constructed
on existing nonconforming lots may be as wide as the principal structure
on the lot.
E.
Changes to conforming uses and buildings.
(1)
Any conforming use or building may be repaired, maintained,
restored or rebuilt to the same dimensions existing at the time that
this chapter was adopted.
(2)
Any enlargement of a structure on the same lot to
any conforming use must comply in all respects with the regulations
of this chapter, except that in the case of any enlargement or addition
of nonconforming buildings lawfully existing at the effective date
of this chapter, the maximum building coverage requirements of Schedule
II[2] shall not apply; provided, however, that all of the off-street
parking and loading requirements of this chapter shall be complied
with. In such a case, the maximum building coverage for the entire
lot, including the existing and enlarged sections of the structure,
shall not exceed 80% for the C-1, C-2, I-1 and I-2 Districts and 50%
for the R-1, R-2 and R-3 Districts.
[Amended 1-4-1996 by L.L. No. 1-1996]
[2]
Editor's Note: Schedule II can be found at
the end of this chapter.
A.
Two or more buildings on a lot. Two or more principal
buildings located on a parcel in single ownership shall conform to
all the requirements of this chapter which would normally apply to
each building if each were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Board shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in Subsections A and B.
C.
Lots fronting on an alley. Individual lots existing
at the effective date of this chapter fronting on an alley shall comply
with all the requirements of this chapter and the district in which
said lots are located.
D.
Side yard of a corner lot. The side yard of a corner
lot which abuts a street shall be equal to the required front yard
for that street.
E.
Corner lots. No obstruction to vision (other than
an existing building, post, column or tree) exceeding 36 inches in
height shall be erected, planted or maintained on any lot within the
triangle formed by the street intersection created by the right-of-way
line of each street extended to a point and a line drawn between two
points on the right-of-way line of each street, each located 30 feet
from the street intersection. All plant materials shall be kept trimmed
to ensure uninterrupted vision for motor vehicle traffic.
A.
Accessory structures. All accessory structures shall conform with the minimum yard regulations established in Article IV, except as permitted below:
(1)
Unattached structures accessory to residential buildings.
Structures accessory to residential buildings which are not attached
to a principal structure shall not be higher than 15 feet or one and
one-half (11/2) stories and may be erected within the required rear
and side yards of a principal structure, provided that they conform
with the following:
(a)
Distance from side lot line: not less than six feet from the side lot line in the R-1 District or three feet in the R-2 and R-3 Districts, except in the case of corner lots where the side yard as specified in § 220-17D shall be maintained.
(b)
Distance from rear lot line: not less than three
feet from the rear lot line, except for a corner lot, which shall
not be less than five feet.
(c)
Distance from principal structure: not less
than 10 feet from a principal structure.
(2)
Unattached structures accessory to nonresidential
buildings. Such accessory structures shall comply with front and side
yard requirements for the principal structure and shall be not less
than 20 feet from the rear lot line.
(3)
Fences, walls and steps.
(a)
Unless specifically noted, the provisions of
this chapter shall not apply to fences, walls or steps which are four
feet or less in height or to fences or walls which are six feet or
less in height which are of a type that do not provide a visual barrier
exceeding 50% of the fenced area.
(b)
Fences, walls or steps exceeding these heights
shall be subject to the accessory structure requirements set forth
above except where otherwise required by this chapter.
(c)
Any fence placed within six feet of the front
line of the property shall not exceed three feet in height.
[Added 4-18-1996 by L.L. No. 8-1996]
B.
Home occupations. A single home occupation per dwelling
unit is permitted as an accessory use to a residential structure,
provided that such home occupations shall be conducted only by residents
of the dwelling unit who may not employ more than one additional nonresident
person and that the only external evidence of the home occupation
shall be a sign not exceeding two square feet in area. Such home occupations
shall be clearly incidental and secondary to the use of the dwelling
unit for residential purposes and shall be restricted to professional
offices, the operation of a photographic studio, the training or tutoring
of up to four adults in small classes, nursery school classes limited
to no more than 10 children, custom dressmaking, millinery or tailoring,
hairdressing, laundering, home-cooking and the rooming or boarding
of not more than two persons. For the purposes of this chapter, the
operation of a barbershop or of a mortuary is not a home occupation.
C.
Home gardening, nurseries and greenhouses. Home gardening
and accessory structures used for nurseries or as greenhouses are
permitted in residential areas, provided that they shall not include
the outdoor storage of equipment and supplies.
D.
Private outdoor swimming pools.
(1)
A single private outdoor swimming pool per dwelling
unit is permitted as an accessory use to a residential structure,
provided that such swimming pool is for the private use of the residents
of the dwelling unit or for their guests. Such a pool may be located
within the required rear yards for the district in which the pool
is to be located, except that no portion of the body of water in the
pool shall be located closer to the property line than four feet,
and no portion of any walks or accessory pool appurtenances surrounding
the body of water shall be closer than two feet to any property line.
(2)
All pools shall be surrounded and enclosed by a four-foot-high
fence structurally suitable to deter direct access to the body of
water in the pool. Such a fence shall not have openings, holes or
gaps therein larger than four inches in width or, if larger than four
inches in width, no larger than four inches in length except for doors
or gates; provided, however, that if a picket fence is erected or
maintained, the horizontal dimension shall not exceed four inches;
provided, further, that a dwelling house or accessory building may
be used as a part of such a fence.
(3)
All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device designed
to keep and capable of keeping such door or gate securely closed at
all times when not in actual use; provided, however, that the door
of any dwelling occupied by human beings and forming any part of the
enclosure hereinabove required need not be so equipped.
(4)
Fences shall be constructed of weather-resistive materials
and shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alteration or deformation of the lawful openings,
holes or gaps.
(5)
The sides of a pool constructed above the ground level
shall be considered to meet the requirements for a fence preventing
direct access to the pool, provided that such sides of the pool are
at least four feet high; and provided, further, that any stairs, steps
or ladders used to reach the water surface of the pool shall be removable
or capable of being folded up or secured in a way which will prevent
their use when the pool is not in operation by the residents of the
property or their guests.
(6)
Any pool whose body of water is closer than six feet
to a property line shall be shielded by a six-foot-high privacy fence,
hedge or other suitable visual obstruction which shall serve to screen
the pool from the adjoining property. Such a privacy fence may also
serve as the fence required to deter direct access to the body of
water as required herein if it conforms with the other requirements
of this section.
[Added 12-12-2017 by L.L.
No. 4-2017; amended 6-7-2022 by L.L. No. 2-2022]
A.
General.
(1)
No fence shall be erected or maintained in excess of six feet
in height in any district except in the following situations:
(2)
Fences shall be continually maintained, and no fence shall be
permitted to become unsightly or in a state of disrepair.
(3)
Any fence placed within six feet of the front line of the property
shall not exceed three feet in height.
(4)
Temporary fences.
(b)
Temporary fences must be constructed with good building practices,
and in a manner to protect against the hazard contained within the
fence. Temporary fences must meet the approval of the Code Enforcement
Officer.
(c)
The Village of Elmira Heights assumes no liability for injuries
sustained as a result a poorly constructed or inadequate temporary
fence.
(5)
All parts of a fence shall be entirely within the property boundary.
(6)
No fence shall be erected which endangers public safety or creates
a hazard.
(7)
Any fence legally erected before this regulation went in effect
can be maintained. However, any changes to said fencing must comply
with the current regulations.
(8)
No provision of this section shall supersede the Code Enforcement
Officer's ability to deny a permit that; in the opinion of the
Code Enforcement Officer, does not conform to sound building practices,
does not match the character of the neighborhood in which it is being
constructed, or creates a hazard.
B.
Construction of fences.
(1)
Fences must be constructed of materials consisting of metal,
wood, vinyl, masonry or stone. Any other material must be approved
by the Code Enforcement Officer, or be certified by the fence manufacturer.
(2)
Materials including, but not limited to, razor wire, barbed
wire, sheet metal, page wire, poultry fencing, pallets, and other
such materials are prohibited.
(3)
All fences shall be constructed in such a manner that all exposed
components incident thereto, including fence posts, support beams,
anchoring apparatus and the like, are visible only from within the
property on which said fence is constructed.
(4)
Fences must be built in a manner that is consistent with sound
building practices. Fence posts must be set below the frost line with
crushed stone, concrete or masonry material at the foot of the post.
Masonry and stone fences must be built with a foundation consistent
with sound building practices, to include reinforcement preventing
collapse.
(5)
All fences are to be installed under the fence manufacturer's
recommended installation guidelines, including adequate resistance
to lateral force. Fence posts must be set at a proper distance to
resist said force, and edges of the fencing must be clean and without
injurious protrusions, such as jagged wood, open-ended metal fencing
or the like.
C.
Permits.
(1)
Prior to installing a fence, a zoning permit must be obtained
from the Code Enforcement Officer. The only exception are fences surrounding
a pool, which require a building permit.
(2)
No fence can be built without the approval of the Code Enforcement
Officer and the issuance of a building permit or zoning permit.
(3)
Fence construction that is begun after the adoption of this
section and does not comply with the regulations contained herein
must be altered to comply with these regulations; or removed at the
expense of the contractor or homeowner who constructed it.
(4)
Appropriate forms of workers compensation, exemptions for workers
compensation and general liability shall be obtained prior to issuing
a permit to begin work on a fence.
(5)
The contractor or property owner submitting an application for
a permit shall include a site plan. The site plan shall denote property
boundaries, structures on the property, distance and measurements
regarding the proposed fencing to the satisfaction of the Code Enforcement
Officer.
(6)
The contractor or property owner submitting an application for
a permit must denote what materials will be used to construct the
fence, and what the dimensions of the fence will be, subject to the
satisfaction of the Code Enforcement Officer.
(7)
Any and all materials used to construct the fence must be of
the type to adequately resist weather conditions and wear. It must
also be of sufficient strength consistent with accepted building practices
and to the satisfaction of the Code Enforcement Officer.
D.
Fences surrounding swimming pools.
(1)
Prior to installing a fence that will surround a pool, a building
permit must be obtained from the Code Enforcement Officer.
(2)
Fences that surround swimming pools shall be constructed in
a manner consistent with the International Building Code and New York
State Supplements to the Building Code.
Any legal nonconforming use may be continued,
repaired, maintained and improved except as provided below:
A.
Enlargement. Such nonconforming use may not be enlarged
to more than double the existing floor area, and such enlargement
shall not exceed the maximum height or maximum building coverage requirements
set forth in Schedule II[1] for the district in which such nonconforming use is located.
[1]
Editor's Note: Schedule II can be found at
the end of this chapter.
B.
Restoration. If any such nonconforming use is damaged,
a permit for its restoration or reconstruction may be obtained if
such application is filed within 90 days of the initial damage or
destruction and complete restoration is satisfied within 12 months
thereafter.
C.
Discontinuance. No such use may be reestablished after
it has been discontinued or vacated for a period of one year. Also,
a nonconforming use or structure, when razed or removed from the premises,
shall not be relocated except in conformity with the regulations of
the district to which it is moved.
D.
Change of use. A nonconforming use may be changed
to another nonconforming use only if such change is more appropriate
to the character of the district in which it is located as determined
by the Board of Appeals.
E.
Termination. Certain types of nonconforming uses or
structures which present a special nuisance or hazardous condition
shall be terminated as follows:
(1)
General nuisances. Upon a complaint registered by
the Code Enforcement Officer from 50% of the property owners within
500 feet of a nonconforming use which is considered to be a general
nuisance or a hazard to the health, safety, welfare and morals of
uses or structures adjoining such nonconforming use or uses, the Board
of Appeals shall hold a public hearing and make a finding with respect
to the nuisance or hazardous condition which exists and shall determine
the necessity of terminating such nonconforming use. Such uses shall
be terminated within such reasonable time as shall be determined by
the Board of Appeals after consideration of the time required for
the reasonable amortization of the capital investment in such uses
or as may be provided for by the laws of the State of New York.
(2)
Junkyards and advertising signs. All nonconforming
junkyards and advertising signs shall be terminated within three years
of the adoption of this chapter.
A.
Off-street parking. In all districts except for the
C-1 District, off-street parking spaces shall be provided as set forth
in the following table whenever any building or use is erected, developed
or enlarged. In the C-1 District, such off-street parking shall be
provided where such new use or enlargement exceeds 2,000 square feet
in gross floor or surface area. Such spaces shall have an area of
at least 200 square feet and shall have adequate and well-designed
ingress and egress and shall be located on the same lot as the use
to which they are accessory or within a radius of 400 feet in the
same district or in an adjoining district when approved by the Zoning
Board of Appeals as a special use.
|
Regulations for Off-street Parking Spaces1
| ||
|---|---|---|
|
Use3
|
Number of Parking Spaces Required
| |
|
Offices, retail business and customer service establishments
|
1 for every 300 square feet of floor area
| |
|
Restaurants, taverns and nightclubs
|
1 for every 2.5 seats
| |
|
Medical and dental clinics
|
5 for every doctor or dentist
| |
|
Motels
|
4 for every 3 sleeping rooms
| |
|
Churches, theaters, auditor- iums and places of assembly
|
1 for every 3.5 seats
| |
|
Elementary and secondary pub- lic and parochial schools
|
1 for every 15 classroom seats
| |
|
Colleges, universities and commercial schools
|
1 for every 5 classroom seats
| |
|
Social halls, clubs and lodges
|
1 for every 200 square feet of floor area
| |
|
Bowling alleys
|
5 for every 1 alley
| |
|
Hospitals
|
1 for every 2 beds
| |
|
Residential dwellings
| ||
|
Units for elderly families4
|
1 for every 3 dwelling units
| |
|
All other residential units
|
1 for every 1 dwelling unit
| |
|
Funeral homes
|
3 for every 1 parlor
| |
|
Rooming houses and dormitories
|
1 for every 2 beds
| |
|
Manufacturing plants and laboratories
|
1 for every 3 employees2
| |
|
Wholesale establishments and warehouses
|
1 for every 2 employees
| |
|
Nursing homes
|
1 for every 4 beds
| |
|
Home occupations
|
See Note 5 below
| |
|
NOTES:
| |
|---|---|
|
1 This table applies only to any new use and to the
enlarged section of any existing use, except as provided for the C-1
District.
| |
|
2 Plus one additional space for each 1,000 square
feet of floor area, except that in no case shall the total parking
area be less than 25% of the floor area.
| |
|
3 For any use not specifically listed, the Zoning
Board of Appeals shall apply the requirements of that listed use which
it determines to be most similar.
| |
|
4 Designed primarily for families where at least one
member of the family is at least 62 years of age.
| |
|
5 Home occupations shall provide, in addition to the
required number of spaces for the residential structure, the following
off-street parking spaces:
| |
|
(a) The number of spaces required by the above table
for any specifically listed or similar use as determined by the Zoning
Board of Appeals; or where no similar use is listed
| |
|
(b) One off-street parking space for any nonresident
employees and one additional for each roomer, student, patron, patient,
customer or other visitor which may be expected to visit the home
occupation at the same time during any maximum one-hour period. The
number of such off-street parking spaces for a home occupation may
be reduced by the number of legal curb parking spaces which exist
directly abutting the home occupation.
| |
B.
Off-street loading. Every commercial, industrial or
other building shall provide one off-street loading space for each
10,000 square feet of gross building floor area or part thereof, and
each such space shall be at least 400 square feet in area.
C.
Development of parking and loading spaces. All off-street
parking and loading areas shall conform with the following:
(1)
Off-street parking and loading spaces may be developed
on any required side, front or rear yard properly designed in relation
to adjoining uses and/or buildings. Adequate barriers shall be provided
to protect abutting uses and sidewalks.
(2)
They shall be surfaced with a durable bituminous or
concrete paving material and shall be properly graded and drained
to dispose of all surface water.
(3)
They shall be arranged and marked for the orderly
and safe movement, loading, parking and storage of vehicles and shall
be adequately illuminated if designed for use by more than three cars
after dusk.
(4)
Exit and entrance driveways or access points shall
be at least 20 feet wide and shall not exceed 40 feet in width and,
wherever practical, shall not occupy the full length of the streets,
alleys or other right-of-way from which they derive their access,
but shall be limited to well-defined points and shall be so designed
to provide maximum safety for other adjoining or nearby uses.
D.
Off-street parking in residential areas. Only one
commercial vehicle may be garaged in an enclosed garage on any lot
used for residential purposes in a residential district.
[Amended 6-25-2013 by L.L. No. 2-2013]
A.
No sign or other outdoor device for the purpose of advertising of
any kind may be erected or established in the Village except in conformance
with the standards in the section.
B.
General provisions.
(1)
Except as provided in Subsection C, all signs require a building permit and shall comply with applicable regulations of the New York State Uniform Fire Prevention and Building Code, and if electrical shall bear the seal or insignia of a nationally recognized testing company.
(2)
No permanent or temporary sign shall be erected or placed at or near
the intersection of any roads in such a manner as to cause a traffic
hazard at the intersection; or at any location where, by reason of
the position, shape, or color of the sign, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device, or which makes use of the words "stop," "look,"
"drive-in," "left," or any other words, phrase, symbol, or character
in such a manner as to interfere with, mislead or confuse traffic.
(3)
No building-mounted sign shall be placed or erected on the roof of
any building.
(4)
No permitted freestanding sign shall be more than 20 feet in height
above the average finished grade of the ground of the parcel on which
the sign is located.
(5)
No freestanding signs or any part of such sign shall extend beyond
a property boundary, into a road right-of-way or off premises.
(6)
No freestanding sign shall obscure clear vision for any site or adjoining site driveway. All such signs shall be a maximum of three feet in height or not extend closer to the ground than 10 feet in conformance with Subsection B(4) of this section.
(7)
The provisions of this section shall not apply to safety signs, road
signs, historical markers or highway directional signs erected by
municipal or public agencies.
(8)
Illumination of signs shall not be flashing or of varying intensity
and may not produce excessive glare beyond the property lines.
(9)
No sign shall consist of banners, pennants, ribbons, streamers, spinners
or similar moving, fluttering or revolving devices. Signs with moving
parts are not permitted, except public service signs (such as time
and temperature) and interior signs which do not constitute a traffic
hazard as approved by the Village Planning Board.
(10)
Portable signs shall be permitted only for the purposes of nonprofit
organizations, shall not exceed 40 square feet in area and may be
allowed by a permit issued by the Code Enforcement Officer for special
event applications for a time period not to exceed four weeks.
(11)
Advertising and off-premises signs as defined shall be prohibited.
(12)
No advertising message shall be extended over more than one
sign placed along any road or highway.
(13)
Signs which are located inside of a building which are visible
from the exterior of the building shall be subject to the same size
restrictions and regulations as signs located on the exterior of a
building.
(14)
The owners of all signs projecting over any public right-of-way
shall provide insurance in an amount specified by the Village Board
of Trustees sufficient to hold the Village harmless in the event of
personal injury or property damage caused by such a sign in the public
right-of-way.
C.
Signs permitted in any district. No building permit shall be required
for the following signs, which shall be permitted in any district:
(1)
Real estate signs, a maximum of four square feet for individual residential
uses, and a maximum of 32 square feet for business and industrial
uses and subdivisions. All such signs shall be located on the premises
being advertised for sale, not in the road right-of-way or off premises.
(2)
Residence, professional or business nameplates, a maximum of two
square feet.
(3)
Historical markers, tablets and statues, memorial signs or plaques;
names of buildings and dates of erection when cut into the masonry
surface or when fabricated of bronze, stainless steel or similar material;
and emblems installed by governmental agencies, religious or nonprofit
organizations, not exceeding six square feet.
(4)
Temporary signs denoting an architect, engineer, contractor, etc.,
not greater than six square feet in size, when placed upon the premises
where the construction is proposed or underway. Such signs shall be
removed within 15 days after construction is complete.
(5)
Traffic or other municipal signs, legal notices and such temporary
or nonadvertising signs for government purposes.
(6)
Temporary posters, nonpermanent banners and similar devices no larger
than four square feet in size may be displayed for political events
and elections. Such signs shall not be displayed for longer than four
weeks prior to and one week following the event.
(7)
Temporary posters, nonpermanent banners and similar devices no larger
than 32 square feet in size may be displayed for special promotional
sales events. Such signs shall not be displayed for longer than four
weeks prior to and one week following the event, and no use shall
display any such signs for a time frame of greater than four weeks
within any three-consecutive-month period. No off-premises advertising
allowed.
(8)
All signs, certificates and licenses that are mandated to be on display
by any local, county, state or federal law or authority.
(9)
Seasonal or holiday decorations on private premises are allowed.
(10)
Two signs, each not exceeding four square feet in area, indicating
or calling attention to traffic entrances and exits, provided that,
if illuminated, such illumination shall cease at the close of business
hours. Such signs shall not carry any advertisement, insignia or business
logo nor project more than three feet above grade.
(11)
Any signs displaying directional arrows or language to direct
customers to certain services provided by a business, provided that
such signs do not carry any advertisement, insignia or business logo
nor shall they project more than three feet above grade.
(12)
Temporary nonpermanent signs, posters, and similar devices no
larger than four square feet in size may be displayed for the purpose
of advertising household, rummage, and yard sales. Such signs shall
not be displayed longer than one day prior to, and shall be removed
at the end of, such sale. No such sign shall be displayed for a period
longer than three days.
D.
Residential R1, R-2, R-3 District uses.
(1)
Multiunit dwellings and subdivision developments may display a maximum
of two identification signs which do not have an area of more than
30 square feet.
(2)
A dwelling unit, in which a home occupation is permitted, may display
a nonilluminated sign noting such occupation. Such sign shall be mounted
flat against a wall of the dwelling unit and shall be no more than
two square feet in area.
(3)
Civic, religious, educational, institutional, social and membership
clubs and similar uses may display one identification sign and/or
bulletin board incidental to the use. The aggregate total face area
of such sign shall not exceed 16 square feet.
E.
Business C-1 and General Commercial C-2 District uses.
(1)
Types of permitted signs. The following signs are permitted in these
districts:
(a)
Flat facade: signs placed flush with the building.
(b)
Projecting: signs placed on a pole or similar device perpendicular
to the building. Such signs shall have a clearance of 10 feet and
extend a maximum of 25 feet from the facade where practical.
(c)
Window lettering: signs displayed, painted and/or affixed to
the window.
(d)
Awning: signs displayed, printed, painted and/or affixed to
an awning.
(e)
Detached sidewalk: signs otherwise referred to as "sandwich
boards," placed within three feet of the curb so as not to obstruct
pedestrian traffic. Sidewalk signs shall be a maximum of three feet
in height and 12 square feet in area, be temporary in nature and not
be considered as part of the maximum aggregate signage total allowable
under this section. Signs must be removed after business hours.
(f)
Freestanding: signs that have integral supports that are not
affixed to a building or other structure.
(2)
Location and number of signs. A maximum of three principal business
signs are permitted in combinations of sign types per the following
guidelines:
(a)
Front facade: maximum of two signs per road-level business.
Additional window-lettering signs shall be permitted per each upper-level
business.
(b)
Rear facade: where a building rear facade faces a road or parking
lot, a maximum of one sign.
(c)
Side facade: where a building side facade faces a road or parking
lot, a maximum of one sign.
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage
shall not exceed an area equal to one square foot of sign area per
each lineal foot of building frontage or 150 square feet, whichever
is less.
(b)
Accessory signs may be displayed at each establishment, provided
that such signs conform with the following:
[1]
Signs may be exhibited in any window area.
[2]
The aggregate total display area of all such signs does not
exceed an area equal to 0.5 square foot per lineal foot of building
frontage.
[3]
Additional signs may be located on the building facade or on
certain merchandise displays as may be appropriately stored outside.
[4]
Portable signs may be used as a part of the permitted total
accessory sign square footage, provided that the following minimum
standards are met:
[a]
All such signs shall be adequately attached to
the ground to withstand wind loads as per the Building Code.
[b]
All such signs shall conform to the Building Code.
[c]
All such signs shall be located in conformance with the required setbacks as set forth in Subsection B(5) of this section.
[d]
All such signs shall be maintained in a reasonable
manner and shall display a message. Failure to display a massage for
two weeks or more shall be grounds for removal.
F.
Industrial I-1 and I-2 uses.
(1)
Types of permitted signs. Each business shall be permitted to display principal business signs of the types defined in Subsection E(1) of this section.
(2)
Location and number of signs. A maximum of three principal business
signs may be displayed for each business.
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage
shall not exceed an area equal to 1.5 square feet of sign area per
each lineal foot of building frontage or 200 square feet, whichever
is less. In no instance shall a single face of a sign exceed 100 square
feet.
(b)
Accessory signs may be displayed at each establishment, provided
that such signs conform to the following standards:
[1]
Signs may be permitted in any window area.
[2]
Additional signs may be located on the building facade or on
certain merchandise displays as may be appropriately stored outside.
[3]
The aggregate total display area of all such signs shall not
exceed an area equal to 0.5 square foot per lineal foot of building
frontage.
G.
Plaza and mall signs. Where three or more business uses are combined
in a single structure and/or common grouping of structures sharing
parking and related facilities, the following sign provisions shall
apply:
(1)
No more than two freestanding or projecting principal business signs
may be displayed identifying the plaza or group of business names.
Each sign may have a maximum total aggregate face area of up to 200
square feet, with no single face greater than 100 square feet.
(2)
One directory sign identifying each business located within the plaza
may be displayed. The total aggregate face area of such sign shall
not exceed 100 square feet, and each business name identified on said
sign shall be of uniform size.
(3)
Each business in the plaza or grouping shall be allowed to display
one facade-mounted principal business sign. Said sign shall not exceed
10% of the front building facade. Establishments with more than one
front facade visible may have up to two such signs with the maximum
area calculated as herein described.
H.
Removal of certain signs. Any sign now or hereafter existing which
no longer advertises a bona fide business conducted, or a product
sold, shall be taken down and removed by the owner, agent, or person
having the beneficial use of the building or structure upon which
such sign may be found within 60 days after written notification from
the Code Enforcement Officer, and, upon failure to comply with such
notice within the time specified in such order, the Code Enforcement
Officer is hereby authorized to cause removal of such sign, and any
expense incident thereto shall be paid by the owner of the building
or structure to which such sign is attached.
I.
Nonconforming signs. All nonconforming signs in any district must
be brought into compliance with this section within four years of
its effective date.
A.
Any excavations for the removal of topsoil or other
earth products may be permitted only as a temporary special use by
the Board of Appeals. Such excavations must be adequately drained
to prevent the formation of pools of water. The Board of Appeals may
require that such an excavation be enclosed by a fence if it is deemed
to be a menace to the public health, safety and welfare.
B.
Unless specifically permitted by the Board of Appeals,
open excavations shall not be maintained, except those excavations
made for the erection of a building or structure for which a permit
has been issued.
C.
The dumping of earth, gravel, rock or other materials
not subject to decay or noxious or offensive odors may be permitted
in any zone or any vacant land, provided that the existing grade shall
not be raised more than three feet above the nearest road, that hazardous
or nuisance conditions are not created and that an unsightly appearance
or unstable slopes are not created.
A.
Yard planting and screening.
(1)
Yard screening shall be provided along the side and
rear boundaries of any manufacturing or commercial use or off-street
parking lot which abuts a residential use and on any other uses where
such screening is required. Such screening shall consist of a visual
screen or obstruction of suitable shrubs, hedges, fences or walls
at least six feet high.
(2)
Fences, walls, shrubs or hedges shall be maintained
in good and attractive condition. Trees and other plant material designed
to enhance the livability and attractiveness of any lot may also be
located in any yard or court.
B.
Slope of yards. The surface area of any yard of open
space adjacent to a building or structure shall be graded so that
surface water will be drained away from any such structure.
It is the objective of this chapter to encourage
the orderly development of commercial, industrial and other nonresidential
parcels in a manner which will provide for proper access and reduce
traffic conflicts and provide for the health and welfare of the population
of the municipality. This shall be accomplished as follows:
A.
The design of streets, service drives and pedestrianways
shall provide for safe, convenient and hazard-free internal circulation
of goods, persons and vehicles.
B.
Nonresidential parcels shall be limited to no more
than two driveway access points from the street or highway from which
they derive their principal access, and such driveway access points
shall not be more than 40 feet wide and shall be designed in a manner
which will minimize their interference with any traffic movements
on the street or highway.
C.
Where a number of individual parcels or buildings
are being developed jointly or where a parcel or building is being
developed adjacent to another parcel used or suitable for nonresidential
development, consideration should be given to the following:
(1)
The location and planning of driveway access points
to permit their joint use by adjoining parcels so as to minimize the
number of intersections with the street or highway from which they
derive their access.
(2)
The development of parking and loading areas which
permit convenient traffic circulation between adjoining parcels.
(3)
The development of pedestrian walkways between adjoining
parking areas and buildings.
(4)
The provision of landscaping and other features which
will enhance the usability, character and attractiveness of the area.
A.
In any district, the establishment, maintenance and
operation of boarding stables, dog kennels, boarding kennels, aviaries
or similar facilities for the housing, boarding, service, treatment,
care, breeding or sale of animals and fowls is prohibited.
B.
The provisions of this section shall not apply to
the keeping of pets which are the personal property of persons residing
on the premises.
One-family and two-family dwellings one story
in height shall have a minimum floor area for human habitation of
not less than 700 square feet of ground floor area as measured from
the outside walls and exclusive of any area for the storage of vehicles
for each dwelling unit, and dwellings of one and one-half (11/2) or
more stories in height shall have not less than 500 square feet of
ground floor area for each dwelling unit. Multifamily dwellings shall
have not less than 400 square feet of living space for each dwelling
unit. Mobile home dwellings shall have a minimum floor area for human
habitation of 600 square feet for each dwelling unit, and such mobile
home dwellings shall have a minimum width of 10 feet.
