B.
No persons, firm or corporation shall strip, excavate
or otherwise remove topsoil for sale or other use other than on the
premises from which taken, except in connection with the construction
or alteration of a building on such premises and excavating or grading
incidental thereto, except as hereinafter specified.
C.
Existing natural features such as trees, brooks, drainage
channels and views shall be retained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required.
A.
Purpose.
(1)
The purpose of this section is to promote and protect
the public health, welfare and safety by regulating existing and proposed
outdoor advertising signs and outdoor signs of all types. This section
is intended to protect property values, create a more attractive economic
and business climate, enhance and protect the physical appearance
of the community, preserve the scenic and natural beauty and provide
a more enjoyable and pleasing community. It is further intended hereby
to reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space and curb the deterioration of the community's
appearance and attractiveness.
(2)
This section is intended to promote attractive signs
which clearly present the visual message in a manner that is compatible
with its surroundings. The appearance, character and quality of a
community are affected by the location, size, construction and graphic
design of its signs. Therefore, such signs should convey their messages
clearly and simply to enhance their surroundings.
B.
AREA OF A SIGN
ERECT
FRONT OR FACE OF A BUILDING
LIGHTING DEVICE
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
VALUE OF SIGN
Definitions. As used in this section, the following
terms shall have the meanings indicated:[1]
The surface devoted to the conveying of the message exclusive
of the structure to support it, trim and framing device and any appurtenances
required by building codes. In the case of open sign structures not
having a solid surface or a sign not otherwise inscribed in a definitive
area, the area of the sign shall be taken as the area required to
circumscribe all letters and devices exclusive of supports.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs.
The outer surface of a building which is visible from any
private or public street or highway.
Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
Any material, structure or device, or any part thereof, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed when used or located out of doors or outside or on
the exterior of any building, including window display area, for display
of an advertisement, announcement, notice, directional matter or name,
and includes sign frames, billboards, signboards, painted wall signs,
hanging signs, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs, and shall also include any announcement, declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interest of any person or business when the same is
placed in view of the general public. Types of signs are as follows:
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs, masonry wall-type signs and ground signs.
GROUND SIGNA freestanding sign which has the bottom edge of the sign face resting directly on or within 24 inches of the ground.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
The cost of the sign when it was originally constructed.
C.
General regulations. Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer per the requirements of § 130-23D of this chapter. Subsequent to obtaining a permit, no permit shall be required for a sign to be repainted or repaired.
[Amended 9-8-2005 by L.L. No. 3-2005]
(1)
Exceptions. The following types of signs may be erected
without a permit in any zoning district, provided that such signs
meet all other requirements of this chapter:
(a)
Historical markers, tablets and statues, memorial
signs and plaques; names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze, stainless
steel, similar material or wood; and emblems installed by governmental
agencies, religious or nonprofit organizations, not exceeding six
square feet.
(b)
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
(c)
On-premise directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits and similar signs, not exceeding four square feet
per face and which do not contain any advertising.
(d)
Nonilluminated warning, private drive, posted
or no trespassing signs, not exceeding two square feet per face.
(e)
One on-premise sign, either freestanding or
attached, in connection with any residential building in any zoning
district, for permitted professional offices or home occupations,
not exceeding 2 1/2 square feet. Such sign shall state name and
vocation only.
(f)
Number and nameplates identifying residents,
mounted on house, apartment or mailbox, not exceeding one square foot
in area.
(g)
Lawn signs identifying residents, not exceeding
one square foot or two square feet if double-faced. Such signs are
to be nonilluminated except by a light which is an integral part of
a lamppost if used as a support, with no advertising message thereon.
(h)
Private-owner merchandise sale signs for garage
sales and auctions, not exceeding four square feet for a period not
exceeding seven days.
(i)
Temporary nonilluminated "For Sale" and "For
Rent" real estate signs and signs of similar nature, concerning the
premises upon which the sign is located. In a residential zoning district,
one sign not exceeding 10 square feet per side. In a business or industrial
zoning district, one sign not exceeding 50 square feet set back at
least 15 feet from all property lines. All such signs shall be removed
within three days after the sale, lease or rental of the premises.
(j)
Temporary directional signs for meetings, conventions
and other assemblies.
(k)
One sign, not exceeding six square feet in the
residential districts nor 16 square feet in the business districts,
listing the architect, engineer, contractor and/or owner, on premises
where construction, renovation or repair is in progress.
(l)
Political posters, banners, promotional devices
and similar signs, not exceeding four square feet in the residential
districts nor 16 square feet in the business districts, provided that:
(2)
Prohibitions.
(a)
No sign or part thereof shall contain or consist
of banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices. Said devices, as
well as strings of lights, shall not be used for the purposes of advertising
or attracting attention when not part of a sign.
(b)
No sign shall impair or cause confusion of vehicular
or pedestrian traffic in its design, color or placement. No sign shall
impair visibility for the motorist at a street corner or intersection
by placement and location within 25 feet of the intersection of the
street or highway lines.
(c)
No signs shall contain flashing, intermittent,
rotating or moving light or lights.
(d)
No signs shall move or contain visible parts
which move or simulate movement.
(e)
No signs shall contain luminous material, sequin-studded
letters or lettering with fluorescent paint.
(f)
Portable A-frame signs are not allowed.
(g)
Signs will not be allowed which are affixed
to or painted upon rocks, trees, utility poles or other such structures.
D.
Permit requirements.
(1)
Application procedures. Application for the permit
shall be made in writing, in duplicate, upon forms prescribed and
provided by the Code Enforcement Officer, to the Zoning Officer and
shall contain the following information:
[Amended 9-8-2005 by L.L. No. 3-2005]
(a)
The name, address and telephone number of the
applicant.
(b)
The location of building, structure or land
to which or upon which the sign is to be erected.
(c)
A detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering
and/or pictorial matter composing the sign; position of lighting or
other extraneous devices; a location plan showing the position of
the sign on any building or land and its position in relation to nearby
buildings, structures or existing signs and to any private or public
street or highway.
(d)
Written consent of the owner of the building,
structure or land to which or upon which the sign is to be erected,
in the event that the applicant is not the owner thereof.
(e)
A copy of any required or necessary electrical
permit issued for said sign or a copy of the application thereof.
(2)
Fees. The fees to be paid to the Town of Avon for
the erection of each sign and for each of the conforming signs now
erected in the Town as of the effective date of this chapter shall
be in accordance with a schedule adopted by the Town Board.
(3)
Issuance of permit. It shall be the duty of the Code
Enforcement Officer upon the filing of any application for a permit
to erect a sign to examine such plans, specifications and other data
submitted to him with the application and, if necessary, the building
or premises upon which it is proposed to erect the sign or other advertising
structure. If it shall appear that the proposed sign is in compliance
with all the requirements of this chapter, the Code and other laws
of the Town of Avon, he shall then, within 10 days, issue a permit
for the erection of the proposed sign. If the sign authorized under
such permit has not been completed within six months from the date
of issuance of such permit, the permit shall become null and void
but may be renewed within 10 days from the expiration thereof, for
good cause upon payment of an additional fee set according to a schedule
adopted by the Town Board.
[Amended 9-8-2005 by L.L. No. 3-2005]
(4)
Temporary signs. All signs of a temporary nature,
such as political posters and signs, may be granted a temporary permit
for a period not to exceed 30 days, provided that such signs are not
attached to fences, trees, utility poles or the like, and further
provided that such signs are not placed in a position that will obstruct
or impair vision or traffic or in any manner create a hazard or disturbance
to the health and welfare of the general public. A deposit of $10
shall be paid upon issuance of a permit for such sign, and a cash
deposit of a like amount shall be deposited with the Code Enforcement
Officer to insure the removal of such sign at the expiration of the
permit. The Code Enforcement Officer, after 10 days' written notice
to the permit holder to do so, shall cause said sign to be removed
and the cash deposit shall be forfeited to help defray the cost of
removal.
[Amended 9-8-2005 by L.L. No. 3-2005]
E.
Signs permitted in agricultural and residential districts:
(1)
One unlighted nameplate sign situated within the property
line and not exceeding one square foot in area on either of two sides.
Permitted professional offices and home occupation uses may be identified
with a second unlighted sign not to exceed 2 1/2 square feet
and which shall state name and vocation only.
(2)
One sign, which may be illuminated but nonflashing,
identifying a church, public building or other nonresidential permitted
use which is situated on the property to which it relates, not less
than 25 feet from a street line and not more than 20 square feet in
area on either of two sides.
(3)
One real estate "For Sale" or "For Rent" sign not
exceeding 10 square feet in area. Such signs are to be removed immediately
upon sale or rental of the real estate.
(4)
One temporary sign for a roadside stand selling agricultural
produce grown on the premises in season, provided that such sign not
exceed 24 square feet and be set back at least 10 feet from the public
right-of-way, and such sign shall be removed following the sale period.
F.
Signs permitted in business and industrial districts.
(1)
Signs shall be permitted which identify or advertise
the permitted business or industrial activities located on the premises.
(2)
The total number of permitted signs on a single business
or industrial lot shall not exceed two, of which only one may be freestanding.
One projecting sign, indirectly or internally illuminated, shall be
permitted, provided that the sign projects no more than 18 inches
in front of the building facade on which it is mounted.
(3)
The total cumulative area of all signs permitted on
such lot shall be calculated at the rate of one square foot of sign
area per lineal foot of building front, plus 1/4 square foot
per lineal foot setback of the principal building on the property,
but in no case shall exceed 120 square feet.
(4)
A minimum total sign area of 20 square feet shall
be permitted for any use, regardless of building frontage.
(5)
Freestanding signs shall not exceed 20 feet in height,
nor shall the bottom edge of the sign plate be closer to the ground
level than 12 feet. Freestanding signs may not be located closer than
four feet to any curb face or from the edge of pavement if there is
no curb face.
(6)
Ground signs may not be located closer than eight
feet to any curb face or from the edge of pavement if there is no
curb face.
(7)
One real estate "For Sale" or "For Rent" sign not
exceeding 50 square feet in area. Such signs are to be removed immediately
upon sale or rental of the real estate.
G.
Nonconforming signs.
(1)
To prevent hardship, owners are allowed to use signs
which have been in existence prior to the effective date of this chapter.
(2)
A nonconforming sign which is destroyed or which is
damaged to an extent in excess of 50% of its original construction
shall not be replaced except by a sign which conforms to the regulations
of this chapter.
H.
Revocation of permit and removal of certain signs.
(1)
No sign, whether new or existing, shall hereafter
be erected or altered except in conformity with the provisions of
this chapter. However, notwithstanding any provisions contained herein,
the sign must be kept clean, neatly painted and free from all hazards,
such as but not limited to faulty wiring and loose fastenings, and
must be maintained at all times in such safe condition so as not to
be detrimental to the public health and safety. In the event of a
violation of any of the foregoing provisions, the Code Enforcement
Officer shall give written or personal notice, specifying the named
owner of the land upon which the sign is located, sent to the addresses
as stated in the application for the sign permit, to conform or remove
such sign. The sign shall thereupon be conformed by the owner of the
sign and the owner of the land within 30 days from the date of receipt
of said notice. In the event that such sign shall not be so conformed
within 30 days, the Code Enforcement Officer shall thereupon revoke
the permit, and such sign shall be removed by the named owner of the
sign and/or the named owner of the land.
[Amended 9-8-2005 by L.L. No. 3-2005]
(2)
Any sign existing on or after the effective date of
these regulations which no longer advertises an existing business
conducted or product sold on the premises upon which sign is located
shall be removed by the owner of the premises upon which such sign
is located after written notice as provided herein. The Code Enforcement
Officer, after determining that any such sign exists, shall notify
the owner of the premises, in writing, to remove said sign within
30 days from the date of such notice. Upon failure to comply with
such notice within the prescribed time, the Code Enforcement Officer
is hereby authorized to remove such sign and shall assess all costs
and expenses incurred in said removal against the land or building
upon which such sign is located.
[Amended 9-8-2005 by L.L. No. 3-2005]
(3)
Any sign which existed on the effective date of this
chapter shall not be enlarged, structurally altered or relocated,
except in accordance with the provisions of this part. For the purposes
of this section, the refurnishing of nonconforming signs does not
extend the useful life of the sign nor its value. Repairs are limited
to those necessary to maintain the sign in a safe and attractive condition.
A.
Separate lots. No residential lot shall have erected
upon it more than one principal building except in a multifamily district.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other building.
B.
Accessory buildings; yard requirements. An accessory
building attached to a principal building shall comply in all respects
with the yard requirements of this chapter for the principal building.
Detached accessory buildings shall be located to the rear of the front
building line of the principal building and shall conform to yard
requirements of this chapter.
C.
Frontage. Every principal building shall be built
upon a lot with at least 60 feet frontage upon a public or private
street improved to meet the Town's requirements.
D.
Visibility at intersections. At the intersection of
two or more streets, no hedge, fence or wall, other than a single
post or tree, which is higher than three feet above curb level nor
any obstructions to vision shall be permitted in the triangular area
formed by the intersecting street lines and a line joining each, 30
feet distant from said intersections along said street line.
E.
Street widening, front yard requirement. Where a building
lot has frontage on a street which is proposed for right-of-way widening,
the required front yard area shall be measured from such proposed
right-of-way line.
F.
Requirements to be contained in zone. All yards, open
space, off-street parking and required landscaping must be contained
within the zone in which the use is permitted.
G.
Corner and through lots. For the purposes of regulating
the locations of buildings on corner lots and on lots extending through
between two nonintersecting streets, all buildings on a corner lot
or a through lot shall be subject to the front yard requirements of
the zone district in which said corner lot or through lot is located
on those sides which face the streets.
H.
Creation of new lot. When a new lot is formed so as
to include within its boundaries any part of a former lot on which
there is an existing building or use, the subdivision must be carried
out in such a manner as will not infringe upon any of the provisions
of this chapter, either with respect to any existing structures or
use and any proposed structures or use.
I.
Fences. Any fences erected in the Town shall adhere
to the following:
(1)
Before a fence shall be erected, a building permit
must be obtained from the Building Inspector. A request for a permit
shall be accompanied by a site plan, which shall show the height and
location of the fence in relation to all other structures and buildings
and in relation to all streets, lot property lines and yards.
(2)
Fences may be erected, altered or reconstructed to
a height not to exceed four feet above ground level when located within
25 feet of any street right-of-way line.
(3)
Fences may be erected, altered or reconstructed to
a height not to exceed eight feet above ground level when located
more than 25 feet from any street right-of-way line.
(4)
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
(5)
In no case shall barbed wire, spikes, chipped glass,
electricity or similar materials or devices be used in conjunction
with or part of any fence. The only exception to this is fencing located
on farms, which may be electrified or constructed of barbed wire.
(6)
All fences must be erected within the property lines
of the lot on which the fence is being installed, and no fences shall
be erected so as to encroach upon public rights-of-way or easements.
(7)
All fences shall have their most pleasant or decorative
side facing away from the lot upon which the fence is being installed.
All posts and supports shall face toward the lot upon which the fence
is being installed, unless such posts or supports are an integral
part of the decorative design of the fence.
(8)
Fencing on corner lots may not be more than three
feet high on the two sides of the lot which front on thoroughfares
and may only be constructed if it will not limit or obstruct the clear
line of vision of motorists entering or leaving the intersection.
(9)
All fences installed pursuant to this chapter shall
be kept in good repair, shall not present any unsafe conditions and
shall be kept free from refuse and debris. The owner, tenant and their
agent, if any, shall be jointly and severally responsible for all
fencing on the property.
J.
Storage of flammable liquid or gas. No storage of
any flammable liquid or gas in quantities exceeding 280 gallons shall
be allowed except with the prior approval of the Fire Inspector and
in conformance with the requirements of the New York State Uniform
Fire Prevention and Building Code.
K.
Lots in two districts. Where a district boundary line
divides a lot in single or joint ownership of record at the time such
line is adopted, the regulations for the less restricted portion of
such lot shall extend not more than 50 feet into the more restricted
portion, provided that the lot has frontage on a street in the less
restricted district.
L.
Use of vehicles for storage.
(1)
No vehicle in whole or part, and whether operable
or not, shall be used as a storage structure in any residential district,
excluding farms.
(2)
Vehicles may be used for storage on commercial farms.
If not maintained in an operable condition with running gear in tact,
the vehicle shall be considered an accessory building and subject
to all regulations thereof.
(3)
Vehicles shall only be permitted for storage in commercial
and industrial districts, provided that they are maintained in an
operable condition with running gear intact.
M.
Prohibited uses.
[Amended 6-23-2022 by L.L. No. 4-2022]
A.
Time of construction. An approved private driveway
must be completed to within 40 feet of the proposed residential structure
prior to the issuance of a building permit for that structure.
B.
Base. The base shall be a minimum of six inches gravel
or stone course.
D.
Turnaround areas. For any private driveway 100 feet
in length or greater, as measured from the edge of pavement of the
connecting public street, a turnaround for large emergency vehicles
shall be provided.
E.
Width. The width of the traveled way shall be a minimum
of 10 feet wide and have a clear height of 14 feet full width.
F.
Public safety. The location of the intersection with
a public road, the slope and the configuration of the private driveway
shall be subject to the review of the Town Fire Marshal with respect
to safety and emergency vehicle access.
G.
Any driveway whose length exceeds 1,000 feet shall
have placed at its intersection with the public roadway a marker in
the form specified by the Code Enforcement Officer or Fire Marshal
indicating to the local Fire Department that the driveway exceeds
the foregoing length. In addition, the driveway shall have additional
markers along its length every 1,000 feet from the house. The marker
at the road shall be placed at the edge of the public roadway right-of-way
and shall be no less than 42 inches from the ground and in such a
location as will provide maximum visibility from the road. The marker
shall be made of white reflective material and shall be two-sided
in order to provide visibility from either avenue of approach on the
public roadway. The white reflective material shall bear thereon a
black nonreflective image of a fire truck and shall be four inches
wide by seven inches long.
[Added 10-23-2003 by L.L. No. 3-2003]
A.
Prohibited uses. In any agricultural district or residential
district, the permitted uses shall not include:
B.
Height restriction for accessory structure. No accessory
structure shall exceed 12 feet in height, except farm structures.
C.
Space between accessory building and another. No accessory
structure shall be located within 10 feet of a principal building
or other accessory building.
D.
Storage in front yard prohibited. No front yard, including
parking areas, shall be used for the open storage of boats, camping
trailers, motorized camping vans or similar vehicles.
E.
Commercial vehicles. Not more than one commercial
vehicle shall be parked out-of-doors overnight or on Sunday, in conjunction
with a residential property in a residential zone. No vehicles for
commercial display purposes shall be stored in any district at any
time.
F.
Accessory buildings, yard occupancy. In any agricultural
district or residential district, no accessory building shall be erected
in any yard except that accessory buildings may occupy in the aggregate
not more than 25% of a rear yard.
Garage and filling stations. All garage and
filling station pumps, lubricating or other automobile devices shall
be located at least 50 feet from any street line or highway right-of-way.
All fuel, oil or other flammable substances shall be stored at least
50 feet distant from any street or lot line. No public garage for
more than five motor vehicles shall have any entrance or exit for
such vehicles within 50 feet of an agricultural district or residential
district, any school, any church or any institution for the residence,
training or treatment of children or handicapped persons.
A.
Definition. "Satellite antenna" shall mean any parabolic
dish, antenna, earth station or other device or equipment of whatever
nature or kind, the primary purpose of which is to receive television,
radio, microwave or other electronic signals from space satellites.
B.
Prohibited use. No satellite antenna shall be erected
or maintained in any zoning district except in accordance with the
regulations set forth herein.
C.
Location. No satellite antenna shall be located in
any front or side yard. No satellite antenna shall be installed on
or above any building but shall be freestanding and located at ground
level.
D.
Accessory building. No satellite antenna shall be
permitted on any lot if it constitutes a principal building or a principal
use.
E.
Setbacks. A satellite antenna shall be deemed to be an accessory building for the purpose of determining the applicable rear and side yard setback requirements under § 130-10.
F.
Permit. No satellite antenna shall be installed or
maintained except pursuant to a permit to be issued by the Code Enforcement
Officer.
[Amended 9-8-2005 by L.L. No. 3-2005]
G.
Permit application and fee. The owner of the property
on which a satellite antenna is to be constructed and maintained shall
apply for the permit on an application form designated by the Code
Enforcement Officer, which shall be accompanied by payment of a permit
fee in the amount designated by the Town Board.
[Amended 9-8-2005 by L.L. No. 3-2005]
H.
Nothing contained herein, nor any permit issued hereunder,
shall be construed to permit or condone any satellite antenna or the
use thereof to the extent that such satellite antenna or its use is
illegal under applicable federal or state law.
A.
Special permit. A special permit must be obtained
from the Zoning Board of Appeals before a building permit may be issued
for amateur radio communications antennas which exceed the applicable
district height restrictions.
B.
Preexisting antennas. These are exempt from the provisions
of this section.
C.
Applications. An application for such special permits shall be as generally provided for in §§ 130-45 through 130-47 of this chapter, except that § 130-46 is hereby replaced with the following requirements:
(1)
A scaled plan or drawing of the proposed antenna,
with design data, certified by a professional engineer or the manufacturer.
(2)
Satisfactory evidence that such antenna will
withstand the wind load requirements for structures as established
in the New York State Fire Prevention and Building Code and the regulations
promulgated thereunder.
(3)
A diagram or plan showing the lot or parcel
and its dimensions on which the antenna is to be located and showing
the location of all structures on the lot or parcel and the location
of the proposed antenna.
(4)
A list of all property owners and their addresses
within 500 feet of the applicant's lot or parcel.
(5)
The required application fee established by
the Town Board.
(6)
An environmental assessment form (EAF).
(7)
Such additional maps, plans and specifications
or other information as may reasonably be required by the Zoning Board
of Appeals.
(8)
Proof that the applicant is an amateur radio
operator licensed by the Federal Communications Commission.
D.
Determination. In making its determination upon each application the Board shall, in lieu of the provisions of § 130-45E(3)(d), be guided by the following standards:
(1)
The proposed antenna meets good and accepted
engineering standards for such antennas;
(2)
The proposed antenna meets the wind load requirements
for structures as established by New York State law;
(3)
The proposed antenna shall be to the rear of
the rear line of the principal structure on the lot or parcel;
(4)
The proposed antenna shall not exceed a height
of 100 feet above the ground;
(5)
No more than one antenna structure shall be
located on the lot or parcel;
(6)
No part of the proposed antenna, including stays
and guy or supporting wires, shall be in violation of the relevant
district setbacks;
(7)
If the base of a ground-based antenna is visible
from any public right-of-way or from adjacent property, then appropriate
screening of the base shall be required;
(8)
Antennas may not be located on conservation
easements, drainage easements, public utility easements or on any
reserved open space;
(9)
Reasonable conditions regarding maintenance
and safety may be imposed on the special permit; and
(10)
The special permit shall contain the condition
that the Code Enforcement Officer, or his designee, may enter the
premises at any reasonable time, accompanied by the owner, to inspect
the antenna installation for its construction, stability and maintenance.
E.
Decision. The federal government has determined that amateur radio communications antennas and activities are beneficial to the public health, safety, morals and general welfare of the community. If the proposed antenna meets the requirements of Subsections C and D of this section, then the special permit shall be issued, with such reasonable conditions as the Board may impose in accordance with the provisions of Subsection D herein.
A.
Intent. The regulations of this section dealing with
home occupations are designed to protect and maintain the character
of residential neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in the home. This section recognizes that, when properly limited and
regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
B.
Definition. A home occupation is a business, profession,
occupation or trade conducted for gain or support entirely within
a residential building or a structure accessory thereto which is incidental
and secondary to the use of such building for dwelling purposes and
which does not change the essential residential character of such
building.
C.
Conditions for approval. The Zoning Board of Appeals
may, upon application and a public hearing thereon, permit a home
occupation subject to the applicant's ability to provide reasonable
evidence that all the following conditions will be met. Home occupations
shall be limited to one per single-family dwelling.
(1)
The occupation will be conducted entirely within a
dwelling or existing accessory structure.
(2)
The occupation is clearly incidental and secondary
to the principal use of the dwelling.
(3)
The establishment and conduct of a home occupation
shall not change the principal character of use of the dwelling unit
involved.
(4)
No more than one person other than members of the
immediate family residing on the premises may be employed.
(5)
Not more than 25% of the floor area of one story of
the dwelling is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold, other
than incidental supplies necessary for and consumed in the conduct
of such home occupation.
(7)
No storage or display of materials, goods, supplies
or equipment related to the operation of a home occupation shall be
visible from the outside of any structure located on the premises.
(8)
No mechanical equipment is used except such as may
be used for domestic or household purposes (or as deemed similar to
power and type).
(9)
Such occupation shall not require internal or external
alteration or invoke construction features not customarily in a dwelling.
(10)
The use shall not generate noise, vibration,
glare, fumes, odors or electrical interference beyond what normally
occurs in the applicable zoning district.
(11)
No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard.
(12)
The home occupation shall not involve the use
of advertising signs. Only one nonilluminated nameplate not to exceed
one foot by two feet shall be allowed. It may display the name of
the occupant and/or the name of the home occupation.
D.
Procedures.
(1)
Application. Application for a home occupation permit
shall be made to the Zoning Board of Appeals on a form provided by
the Town Building Department and shall be accompanied by a filing
fee as set by the Town Board.
(2)
Planning Board review. All applications for a home
occupation permit shall be reviewed by the Town Planning Board, which
shall report its findings to the Board of Appeals.
(3)
Board of Appeals review and public hearing. After considering the Planning Board's recommendations and after a duly scheduled public hearing, the Board of Appeals may issue a home occupation permit. Notice for the public hearing shall be sent according to the requirements of § 130-52 of this chapter.
(4)
Voiding of permit. The Board of Appeals may void any
home occupation permit for noncompliance with the conditions set forth
in approving the permit.
E.
Allowed uses. Particular home occupations permitted. Customary home occupations include, but are not limited to, the following list of occupations, which shall be subject to the requirements of Subsections B, C and D of this section:
(1)
Providing instruction to not more than two students
at a time, except for occasional groups.
(2)
Day-care homes.
(3)
Office facilities for accountants, architects, brokers,
engineers, lawyers, insurance agents, realtors and members of similar
professions.
(4)
Consultation or emergency treatment by a doctor or
a dentist, but not the general practice of his profession.
(5)
Office facilities for ministers, priests and rabbis.
(6)
Office facilities for salesmen, sales representatives
and manufacturer's representatives when no retail or wholesales sales
are made or transacted on the premises.
(7)
Studio of an artist, photographer, craftsman, writer,
composer or similar person.
(8)
Service by a hairstylist, dressmaker, tailor or similar
person.
(9)
Homebound employment of a physically, mentally or
emotionally handicapped person who is unable to work away from home
by reason of his or her disability.
(10)
The letting for hire by a resident owner of
rooming units for residential use for a total of not more than two
persons.
F.
Prohibited uses. Particular occupations prohibited.
Permitted home occupations shall not, in any event, be deemed to include:
(Reserved)
[1]
Editor's Note: At the time of adoption of
this chapter, regulations regarding nursing and retirement homes and
special placement residences had not yet been adopted. Upon adoption,
such regulations will be included here.
Residential conversions may be permitted, provided
that the following standards are maintained:
A.
Scale.
(1)
Site plans shall be submitted at a scale of less than
10 feet to the inch showing the location and dimensions of off-street
parking, private entrances, walkways and landscaping.
(2)
Plans shall be submitted at a scale of not less than 1/4
inch to the foot showing the dimensions and square footage of all
rooms and storage spaces and indicating the intended use of all rooms.
C.
Documentation that all plumbing, heating and electrical
equipment and facilities are adequate and appropriate for the proposed
use. Septic disposal facilities shall be approved for the proposed
use by the Livingston County Health Department.
D.
At least two off-street parking spaces shall be provided
for each unit created through the conversion.
E.
There shall be no structural alterations which will
alter the exterior of any structure unless such structural alterations
are not readily visible from an adjoining street.
F.
The conversion of dwelling units may include home professional occupations, if the requirements of § 130-29 are fulfilled.
G.
A certificate of occupancy shall be required for all
conversions.
H.
No dwelling unit conversion of any building having
less than 2,000 square feet of habitable floor area shall be permitted.
I.
The number of dwelling units per building created
through a residential conversion shall be no more than one dwelling
unit in excess of the number permitted as a primary use.
J.
No dwelling unit conversion of any building having
less than one acre of lot area shall be permitted.
