In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A. Required off-street automobile parking in the TN/MU1 and 2 Districts. The number of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to community character and to environmental, historic, and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. In determining the parking requirements for any proposed use, the Planning Board shall consider:
(1) The maximum number of persons who may be driving to the use at times of peak usage. Parking spaces should be sufficient to satisfy 85% of the anticipated peak demand. There shall be sufficient parking to meet demands of both employees and customers.
(2) The size of the structure(s) and site.
(3) The environmental, scenic, or historic sensitivity of the site. In proposals located in sensitive areas, the Planning Board may require a reduction in size of the parking lot.
(4) The Planning Board may refer to generally accepted traffic engineering and planning manuals.
(5) The Planning Board may require that an applicant set aside additional land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped but may not be used in a manner that would prevent it from being used for parking in the future.
B. Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees, and/or seats contained in such new buildings or structures, or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1) Offices, business and commercial uses.
(a) For retail business or service, bank, or post office: one space for each 100 square feet of floor area and each two employees.
(b) For funeral home: one space for residence, manager, and each two employers plus 10 spaces for visitors.
(c) For roadside stands: three spaces per stand.
(d) For restaurant, cafe: one space for each three seats and each two employees.
(e) For public utility office: one space for each two employees.
(f) For auto and equipment sales and service, gas stations and wholesale establishments: one space for each 200 square feet of floor space, and each two employees.
(g) For motel: one space for each bedroom, owner or manager, plus one space for each two employees.
(h) Spaces in municipal parking lots or on-street parking, where provided, may be credited toward the parking requirements for these nonresidential uses, provided that:
[1] These spaces are within 400 feet of the uses to be served.
[2] The parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first and only excess capacity is used for this purpose.
[3] A special permit for such use is obtained from the Zoning Board of Appeals.
(2) Industrial uses. One space for each two employees, company vehicle, custodian dwelling. No off-street parking except for visitors permitted in front yard.
(3) Public and semipublic uses.
(a) For churches: one space for each four seats plus one for each clergyman and each two employees.
(b) For community building: one space for each four seats, 60 square feet floor area, two employees.
(c) For schools: one space for each two employees, including teachers. Loading and unloading space for buses.
(d) For clubs: one space for each two members, two employees.
(4) Recreational uses.
(a) For stadium: one space for each four seats and for each two employees.
(5) Residential uses.
(a) For dwellings: one space for each dwelling unit, to be provided on a buildable portion of the lot.
(b) For home occupation: one space for each employee. Where home occupation is authorized, no off-site parking shall be permitted.
(c) For boardinghouse, one space for each bedroom.
(d) For multifamily dwellings, three spaces for each two units.
(6) For uses not listed herein: as established by the Zoning Board of Appeals.
C. Calculation of required spaces. In the case of combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
D. Dimensions for off-street automobile parking spaces. Every such space provided shall be at least 10 feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
(1) Parallel curb parking: five feet end to end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(2) Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(3) Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(4) Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(5) Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.
E. Location of required spaces.
(1) In any residential district, required automobile parking spaces shall be provided on a buildable portion of the same lot and shall not encroach on any required yards or required open area.
(2) In commercial districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3) No open or enclosed parking area shall encroach on any required front yard open areas. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.
(4) No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of the public rights-of-way.
F. Required off-street truck loading areas.
(1) For permitted commercial and industrial uses: one berth for 10,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
(2) For funeral homes: one berth for each chapel.
(3) For hotels, motels and vacation resorts: one berth for floor area in excess of 10,000 square feet.
(4) For office, business, and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.
(5) For manufacturing and permitted industrial uses: one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.
G. Dimensions for off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for a funeral home may be 20 feet long, 10 feet wide and eight feet high.
H. Location of required berths.
(1) All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in commercial districts, off-street parking areas where they exist may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
(2) The location, number, size and design of loading and unloading areas for nonresidential uses and the accessways thereto shall require the approval of the Planning Board prior to the issuance of a building permit or certificate of occupancy by the Building and Zoning Administrator.
I. Off-street parking spaces on corner lots. In all districts, except industrial districts, off-street parking spaces on corner lots shall be set back from side street line at a distance equal to front yard requirements on such side street unless lots are back to back, in which case they shall be set back at least 10 feet. The ten-foot setback shall be planted with vegetation of sufficient density to screen the parking lot from view.
J. Landscaping. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened by a six-foot-high solid masonry wall, or compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
No sign or other device for advertising purposes of any kind may be erected or established in the Town except and provided as follows:
A. Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except and provided as follows:
(1) Permitted nonresidential uses and legal nonconforming nonresidential uses, but not including home occupations, places of worship, libraries, museums, social clubs or societies or day nurseries, may display one sign or bulletin board pertaining to the use of property, having a total face area of not more than 12 square feet, and not projecting beyond the principal building of such use to which they are attached more than 12 inches, except that where such nonresidential uses are set back from property lines the sign may be in the ground, provided that such ground signs shall not exceed 12 square feet in total face area, shall not exceed four feet in height, and shall be no nearer than 10 feet from the nearest point of sign to any property line. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2) Dwellings for five or more families may display one nonilluminated sign identifying the premises, having an aggregate total face of not more than eight square feet, and not projecting beyond the principal building on the lot more than 12 inches.
(3) Any dwelling unit in a detached, attached or townhouse structure may display one nameplate or professional sign not exceeding four square feet in area.
(4) Any bed-and-breakfast may display one sign not exceeding six square feet in area and not projecting more than 12 inches from the principal building on the lot.
B. Signs in commercial districts.
(1) General commercial and neighborhood commercial districts. Not more than two signs per business unit, having a total face area of not more than one square foot per lineal foot of width for each foot of principal frontage of the lot, may be displayed, but not to exceed a total area of 50 square feet. Such signs shall not project more than five feet beyond the principal building on the lot, and there shall be not more than one projecting sign per business unit; provided, further, that such signs shall not extend more than 20 feet above the ground level or exceed the highest part of the building housing the business or service advertised, whichever is less restrictive, except in the case of pole signs, which shall be limited to a maximum height of 35 feet above ground level. "Principal frontage," throughout this subsection, shall mean the frontage of the lot adjacent to the principal street in the case of a corner lot. Where a corner lot faces two principal business streets, only one such frontage shall be considered the "principal frontage."
(2) TN/MU1 and TN/MU2 Districts. Not more than two signs per business unit are permitted. Prohibited signs include those using neon, mercury vapor, low-pressure and high-pressure sodium, and metal halide lighting, plastic panel rear-lighted signs, signs on roofs, dormers or balconies, and billboards.
(a) The maximum permitted height of a wall-mounted sign, having a total face area of not more than 5% of the ground floor building facade or 24 square feet, whichever is less, may be displayed no more than 15 feet above the ground and shall project outward from the wall to which it is attached no more than six inches. Wall-mounted building directory signs are allowed identifying the occupants of a commercial building with the area not to exceed three square feet and with each tenant limited to one square foot.
(b) One freestanding sign is allowed, and the area of the signboard shall not exceed six square feet. The height of the top of the sign or of any posts, brackets, or other supporting elements shall not exceed six feet from the ground. The sign shall be architecturally compatible with the style, composition, materials, colors and details of the building. The sign shall not be illuminated after 10:00 p.m., and its location shall not interfere with pedestrian or vehicular circulation.
(c) One directional sign directing visitors to a rear parking lot is allowed and shall be wall mounted and shall be limited to three square feet in area.
(d) Painted window or door signs are allowed, provided that the sign shall not exceed 10% of the window or door area or four square feet, whichever is less.
(e) Signs on an awning or valance are allowed. If an awning sign is acting as the main business sign, it shall not be in addition to a wall-mounted sign.
(f) Projecting signs are allowed, providing that they have a clearance of 10 feet and do not exceed 15 feet in height. The signboard area shall not exceed six square feet. It shall not extend into any public right-of-way. Projecting signs are not permitted in conjunction with wall-mounted or freestanding signs.
(g) Restaurants are permitted to place a sandwich board sign with an area not to exceed five square feet (single-sided), provided that the sign is located within four feet of the main entrance to the business and the location does not interfere with pedestrian or vehicular circulation and the sign is removed at the end of the business day.
C. Signs in industrial districts. One sign having an aggregate total face area of not more than 80 square feet may be displayed for each establishment, provided that such signs shall be located not nearer than 10 feet to any property line, and provided, further, that such signs shall not extend more than 20 feet above ground level or above the height of the roof of a building at the point of location of the sign, whichever is less restrictive, except in the case of a pole sign, which shall be limited to a maximum height of 35 feet above ground level.
D. Representational signs. No representational sign shall be permitted in any district except such signs as shall be approved by the Planning Board. Further, such sign shall not project more than five feet beyond the principal structure to which it is attached and shall not have a face area of more than 15 square feet. Only one such sign per establishment shall be permitted.
E. Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot, and signs not representing construction of subdivision activity as allowed, are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment may be erected in any district, providing such signs shall not exceed four square feet in area per establishment, shall conform with applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Planning Board.
F. Projecting signs. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare. No sign may project into any public right-of-way without approval of the Planning Board.
G. Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated, directional signs within the limits of the subdivision, or adjoining property in the same ownership, having an aggregate total face area of not more than 50 square feet. No subdivision sign shall be erected without a permit. Permits shall be issued for a period of one year and may be renewed for successive periods of one year each, following annual determination by the Building and Zoning Administrator that the signs are properly painted and in good condition in each case.
H. Exemption from above regulations:
(1) Real estate signs which advertise the sale, rental, or lease of the premises upon which said signs are located, having an aggregate total face of no more than six square feet within any residential district, 12 feet in any commercial district, or not more than 20 square feet within any industrial district.
(2) One professional or business nameplate not exceeding two square feet in area for any one professional or business establishment where such signs would not otherwise be a permitted use.
(3) One sign denoting the architect, engineer, and/or contractor when placed upon work under construction, and not exceeding 12 square feet in area.
(4) Memorial signs or tablets, names of buildings, and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material.
(5) Traffic or other municipal signs, legal notices, and such temporary, emergency, or nonadvertising signs as may be authorized by the Town Board.
(6) Posting of notice to the public pertaining to but not limited to fishing or trespassing, provided that each such sign does not exceed one square foot in area.
(7) Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin boards shall not exceed 24 square feet in area and shall be located on the premises of such institutions.
I. Illuminated signs. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line. Colored lights of such shape and hue that they may be confused with official traffic lights and signals shall be prohibited. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
J. Banners. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices which shall be displayed for no longer than a two-week period. These devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
K. Window signs. No signs erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than 10% of the area of said window.
L. Roof signs. No signs shall be placed on the roof of any building.
M. Posters. Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed until four weeks prior to the event and must be removed within four days after the event. No such sign shall be attached to a street or utility pole.
N. All applications for approval of signs or for sign permits as required by this chapter shall be in writing, in the form of a request for a permit. Applications shall be to the Building and Zoning Administrator. He shall refer each application to the Planning Board for its consideration. The Planning Board shall then recommend to the Building and Zoning Administrator, in writing, approval of the application, approval of the application with modifications required for conformance with this chapter specified in the approval, or disapproval. If the Planning Board shall recommend disapproval, its reasons therefor shall be set out in its records. If the Planning Board shall not make a written recommendation to the Building and Zoning Administrator within 45 days after he shall have referred an application for an approval or a permit to it, the application shall be deemed to have been approved by the Planning Board without modification. The Building and Zoning Administrator shall issue a permit for each approved application, including therein any modifications required by the Planning Board in accordance with this chapter.
O. No sign, including signs existing on the date of enactment of this chapter, shall be erected or altered except in conformity with the provisions of this chapter. Notwithstanding any other provisions set out herein, all signs shall be kept clean, neatly painted and free from all hazards, including but not limited to faulty wiring, loose fastenings and weakened supports, and shall be maintained at all times in such condition as to present no potential threat to public health or safety.
(1) In the event a violation of any provision of this chapter relating to signs shall exist, the Building and Zoning Administrator shall give notice of the violation to the owner of the land on which the sign is and to the owner of the sign, specifying the violation. Such notice may be given orally to such owner or owners in person, in writing personally delivered to such owner or owners, or in writing by depositing the same in the United States mail, postage prepaid, addressed to such owner or owners at their residence or business address or addresses. An owner's address, for purposes of mailing, shall be presumed to be the address set out on any application for a permit for the sign which he may have submitted to the Building and Zoning Administrator.
(2) A notice of violation in respect to a sign shall instruct the owners of the land and of the sign to remove the violation, and they shall be allowed 30 days from the date of personal notice, or the mailing of notice, to do so. In the event the violation shall not be removed within such time, the Building and Zoning Administrator shall revoke any permit issued for such sign, and the owner or owners of the land and of the sign shall remove the sign. If the owners of the land and of the sign are not the same, they shall be individually and severally responsible for removing the same.
P. Removal of signs.
(1) Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Building and Zoning Administrator, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove the said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Building and Zoning Administrator is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located, unless the existing contract between the owner of signs or billboards and the owner of the land has limited the responsibility of the owner of the land for removal of the sign.
(2) If the Building and Zoning Administrator shall find that any sign regulated by this chapter is unsafe or insecure, or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair the said sign within 30 days from the date of said notice. If the said sign is not removed or repaired, the Building and Zoning Administrator shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building and Zoning Administrator may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
Q. Advisory board. The Supervisor of the Town of Berne is hereby authorized and empowered to appoint a sign and billboard advisory board consisting of members of the Town Board, the Zoning Board and the Planning Board, with such professional volunteers as they deem helpful or necessary.
The Town Board may, after the Planning Board review, public notice and hearing, approve the development of a parcel of land for industrial use and establish a special Industrial District for such development in an RAF District subject to the following conditions:
A. Minimum acreage. The minimum required acreage of any industrial use/site shall be 10 acres.
B. Application of regulations. Individual uses and structures in an Industrial District need not comply with the specific building location, height, lot size and open space requirements of the underlying basic district. The overlay superimposes the regulations for the Industrial District upon the underlying district.
C. Use regulations.
(1) Permitted uses:
(a) Any use permitted by right in the Industrial District.
(b) Any use permitted by special permit in the Industrial Districts subject to the favorable approval thereof by the Board of Appeals.
(2) Prohibited uses:
(a) Residential uses, except dwellings of caretakers and any and all residential uses made and permitted prior to the establishment of such Industrial District, shall be allowed to continue as permitted heretofore.
(b) All prohibited industrial uses listed in Article
III, §
190-8, Prohibited uses, herein.
(c) Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application or adaptation of such use is or shall become or cause a nuisance.
D. Performance standards.
(1) General standards. The following general standards are hereby adopted for the control of uses in an Industrial District, and no use shall be permitted, established, maintained, or conducted therein which shall cause or be likely to cause:
(a) Excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. What smoke is excessive shall be determined according to the Ringelmann's Scale for Grading the Density of Smoke, published by the U.S. Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b) Noise, perceptible beyond the boundaries of the lot occupied by such use causing the same.
(c) Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(d) Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer or the Building and Zoning Administrator, shall not be discharged into any municipal system and must be treated by the industrial use.
(e) The storage or stocking of any waste materials whatsoever.
(f) Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(g) Hazard to person or property by reason of fire, explosion, radiation, or other cause.
(h) Any other nuisance harmful to persons or property.
(2) Specific standards. The following specific standards are hereby adopted and must be complied with, for and by any use in any Industrial District and before the same be permitted, established, maintained or conducted:
(a) Storage facilities materials, supplies, or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street.
(b) Loading docks. No loading docks shall be on any street frontage. Provisions for the handling of all freight shall be on those sides of a building which do not face on any street or proposed streets, and if a building shall front on a street or proposed street on all sides, the loading dock shall be in the rear of the building unless otherwise ordered by the Building and Zoning Administrator.
(c) Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways, or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
(d) Fences and walls. Property that is adjacent to a residential or commercial district shall be provided, along such property lines, with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine, or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located not closer to the street than the depth of the required yard.
(e) Off-street parking and loading: Refer to §
190-18 of this chapter.
(f) Signs: Refer to §
190-19 of this chapter.
(g) Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide.
(3) Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
(4) Special consideration must be given to the traffic generated by each proposed use in an Industrial District, and no undue traffic volumes shall be permitted on residential streets. Such data are to be submitted with each petition for amendment. No access drive for any Industrial District shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park playground, or fire station unless a street 50 feet or more wide lies between such access drive and such building or use.
E. Area and bulk regulations. Area and bulk requirements shall be in compliance with those for Industrial Districts as set forth in the Density Control Schedule of this chapter.
F. The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objective of this chapter.
G. Procedure.
(1) Application for rezoning classification of a site shall be filed by the owner or several owners jointly or the holder of a written option of purchase of the site with the Secretary to the Town Board, in writing on a form required by the Town Board, and shall be accompanied by a certified check in an amount in accordance with the schedule of fees as promulgated from time to time by the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:
(a) A plan of the site and surrounding areas drawn to scale and accurately dimensioned in accordance with Article
VIII, §
190-58, Site plan approval, herein.
(b) The use and height of each proposed building or structure, yard lines, lot coverage, and number of parking spaces in each proposed parking area, and the expected flow of traffic in and out of the area.
(c) Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.
(2) Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report. If the Planning Board disapproves the proposed amendment, or recommends modification thereof, the Town Board shall not act contrary to such disapproval or recommendation except by adoption of a resolution passed by 4/5 of its members fully setting forth the reasons for such contrary actions.
H. The Town Board, by a resolution, shall fix the time and place of public hearing and cause notice to be given as follows:
(1) By publishing a notice of the application and the time and place of the public hearing in a newspaper of general circulation in the Town of Berne as designated by the Town Board not less than 10 days prior to the date of the public hearing.
(2) By giving notice of hearing to any required municipal, county, state or federal agency in the manner prescribed by law.
I. Upon approval of the proposed development, the new district established shall be excepted from the provisions and controls of this chapter only to the extent specified in the approval, and such new district shall become a part of the regulations established herein, shall be enforced in the same manner, and be similarly subject to amendment, except that if construction of the proposed development is not commenced within one year after approval of the Town Board, such approval shall be revoked and such area shall be subject to the requirements of the prior district regulations.