Retention of natural features, such as trees,
brooks, drainage channels and scenic vistas, shall be promoted. Whenever
such features interfere with the proposed use of a property, retention
of the maximum amount of such features consistent with the use of
the property shall be required.
A.
Off-street parking. In all districts there shall be
provided, at the time any building or structure is erected, enlarged,
increased in capacity or changed in use, improved and usable off-street
parking spaces for motor vehicles in accordance with the requirements
of this section.
(1)
Design requirements.
(a)
Each off-street parking space for residential
and industrial uses and for noncustomer parking in commercial and
public building areas shall have an area of not less than 160 square
feet and a minimum width of eight feet, exclusive of access drives
or aisles, and shall be of usable shape and condition.
(b)
Each off-street parking space for commercial
and public building uses with parking for the general public shall
have an area of not less than 180 square feet and a minimum width
of at least nine feet, exclusive of access drives or aisles, and shall
be of usable shape and condition.
(c)
Required off-street parking areas for uses other
than one or two-family dwellings shall have individual spaces designated
by a double yellow stripe or other color contrasting with the color
of the pavement, which shall have at least one foot between each double
stripe, and the area between each set of double stripes shall be at
least eight feet wide. Off-street parking spaces for multiple-family
dwellings shall be designated by a set of single yellow stripes or
other color contrasting with the color of the pavement.
(d)
Each off-street parking space shall be so designed,
maintained and regulated that no parking or maneuvering incidental
to parking shall be on any public street, walk or alley and that any
motor vehicle may be parked and unparked without moving or damaging
another.
(e)
Off-street parking areas for nonresidential
uses shall provide an additional area of 100 square feet of area per
off-street parking space to provide sufficient area for access drives
and aisles.
(2)
Location. Off-street parking facilities shall be located
as hereinafter specified. Where a distance is specified, such distance
shall be the walking distance measured from the nearest point of the
parking facility to the nearest public entrance of the building that
such facility is required to serve.
(a)
For one- and two-family dwellings and for all
types of residential structures in any district, on the same lot with
the building they are required to serve.
(b)
For multiple-family dwellings, not more than
200 feet from the building they are required to serve.
(c)
For hospitals, nursing homes, proprietary homes
and other health-related facilities, not more than 500 feet from the
building they are required to serve.
(d)
For uses other than those specified above, not
over 1,000 feet from the building they are required to serve.
(3)
Surfacing. All parking areas, passageways and driveways,
except when provided in connection with one- and two-family residential
uses, shall be surfaced with a dustless, durable, all-weather pavement
such as asphalt or portland cement. Parking areas shall be so graded
and drained as to dispose of all surface water accumulation. The Planning
Board may alter this requirement at the time of site plan approval
when surface water drainage or other special requirements exist.
(4)
Screening and landscaping.
(a)
Off-street parking areas for more than five
but less than 100 vehicles shall be effectively screened on each side
by a fence of acceptable design, unpierced masonry wall, earthen berm
or compact evergreen hedge. Such fence, wall or hedge shall not be
less than six feet in height and shall be maintained in a good condition.
(b)
In parking areas with a capacity of 100 vehicles
or more, landscaping plans must be submitted showing the area broken
up into smaller sectors by aisles and landscaping, with adequate pedestrian
walkways.
(c)
When a parking area for five or more vehicles
adjoins a residential area, a planted buffer strip at least 10 feet
wide shall be provided between the parking area and the adjoining
residential area. In those instances where an industrial use abuts
a residential area, the minimum width of such buffer strip shall be
20 feet. Such buffer strips shall include a fence of acceptable design,
unpierced masonry wall, earthen berm or compact evergreen hedge of
not less than six feet in height, which shall be maintained in good
condition without any advertising thereon.
(d)
The face side of any fence screening a parking
area from a residential area shall be erected toward the adjoining
residential area.
(5)
Lighting. No lights shall be erected, operated or
maintained in connection with off-street parking in such a manner
as to create an annoyance to surrounding properties.
(6)
Units of measurement.
(a)
For the purposes of this section, "floor area"
in the case of offices, merchandising or service types of uses shall
mean the gross floor area used or intended to be used by tenants or
for service to the public as customers, students, patrons, clients
or patients, including areas occupied by fixtures and equipment used
for display or sale of merchandise. It shall not include areas used
principally for nonpublic purposes such as storage, incidental repair,
processing or packaging of merchandise, for show windows, for offices
incidental to the management or maintenance of stores or buildings,
for toilet or rest rooms, for utilities or for dressing rooms or fitting
or alteration rooms.
(b)
In stadiums, sports arenas, churches and other
places of assembly in which patrons or spectators occupy benches,
bleachers, pews or other similar seating facilities, each 20 inches
of such seating facilities shall be counted as one seat for the purpose
of determining requirements for off-street parking facilities.
(c)
When units of measurement determining the number
of required parking spaces result in the requirement of a fractional
space, any fraction shall require one parking space.
(7)
Change in use, additions and enlargements. Whenever
in any building there is a change in use or an addition in floor area,
in the number of seats or other unit of measurement specified hereinafter
to indicate the number of required off-street parking spaces and such
change or addition creates a need for an increase of more than 10%
in the number of off-street parking spaces as determined by the requirements
in this section, additional off-street parking spaces shall be provided
on the basis of the increased requirements of the new use or on the
basis of the increase in floor area or in the number of seats or in
other unit of measurement; provided, however, that in case a change
in use creates a need for an increase of less than five off-street
parking spaces, no additional parking facilities shall be required.
(8)
Mixed occupancies and uses not specified. In any case
of mixed uses, the total requirements for off-street parking facilities
shall be the sum of the requirements for the various uses computed
separately. In the case of a use not specifically mentioned in this
section, the requirements for off-street parking facilities for a
use which is so mentioned and to which said use is similar shall apply.
Off-street parking facilities for one use shall not be considered
as providing required parking facilities for any other use, except
as hereinafter specified for joint use.
(9)
Collective provision of parking facilities. Nothing
in this section shall be construed to prevent collective provisions
for off-street parking facilities for two or more buildings or uses,
provided that the total of such off-street parking places supplied
collectively shall not be less than the sum of the requirements for
the various uses computed separately.
(10)
Joint use.
(a)
Not more than 50% of the off-street parking facilities required by this section for a theater, bowling alley, dance hall or a standard restaurant and up to 100% of such facilities required for a church or an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided for certain other kinds of buildings or uses specified under Subsection A(10)(c) below, which are not normally open, used or operated during the principal operating hours of theaters, churches or the aforesaid establishments.
(b)
Buildings or uses as listed below in Subsection A(10)(c) may, under certain conditions, supply up to 50% of their off-street parking facilities for the use of churches and theaters. These conditions include entering into a properly drawn legal instrument executed by the parties concerned for the joint use of the off-street parking facilities. This instrument, duly approved as to form and manner of execution by the Town Attorney, shall be filed with the application for a zoning permit, provided that the Planning Board shall first approve the content of the agreement.
(c)
Buildings or uses not normally open, used or
operated during the principal operating hours of theaters, churches
or the aforesaid establishments are defined as banks, business offices,
retail stores, personal service shops, household equipment or furniture
shops, clothing or shoe repair or service shops, manufacturing and
similar uses.
(11)
Required parking spaces.
[Amended 12-22-2009 by L.L. No. 6-2009]
|
Use
|
Number of Parking Spaces Required
| |
|---|---|---|
|
One-family and two-family dwellings, for each
dwelling unit
|
2
| |
|
Multiple-family dwellings, for each bedroom
|
1
| |
|
Hotel, motel, lodging house and boardinghouse,
for each sleeping unit
|
1.25
| |
|
Churches, synagogues, temples or other places
of worship, stadiums, gymnasiums or other indoor or outdoor sports
arenas, auditoriums, theaters or concert halls having fixed seating,
for each 3 seats
|
1
| |
|
Community center not having fixed seating, for
each 100 square feet of floor area used for assembly
|
1
| |
|
Library, museum or art gallery, for each 200
square feet of floor area open to the public
|
1
| |
|
Dance hall or studio, for each 60 square feet
of floor area used for dancing
|
1
| |
|
Tennis courts, for each court
|
2
| |
|
Swimming pool, for each 2 persons in the maximum
capacity of the pool or per 40 square feet of pool surface, whichever
will require the largest number of parking spaces
|
1
| |
|
Convention hall or skating rink, for each 100
square feet of floor area used by the public
|
1
| |
|
Bowling alley, for each alley
|
5
| |
|
Mortuary or funeral home, for each 50 square
feet of gross floor area
|
1
| |
|
Civic or social club, for each 50 square feet
of gross floor area used for assembly
|
1
| |
|
Private club or lodge, for each 100 square feet
of gross floor area
|
1
| |
|
Hospital, for each bed
|
1
| |
|
Nursing homes, proprietary homes and other health-related
facilities, for each 2 beds
|
1
| |
|
Medical and dental clinic, for each 100 square
feet of gross floor area, but not less than 10 spaces
|
1.5
| |
|
Offices: business, professional and municipal,
for each 200 square feet of gross floor area
|
1
| |
|
General business and personal service establishments,
for each 100 square feet of gross floor area
|
1
| |
|
Standard restaurant, bar, grill, tavern, dining
room of hotel, dairy bar and soda fountain, for each 50 square feet
of gross floor area
|
1
| |
|
Fast-food and drive-in restaurants, for each
40 square feet of gross floor area (with a minimum of 20 spaces required)
|
1
| |
|
Industrial and manufacturing buildings, for
each 300 square feet of gross floor area
|
1
| |
|
Warehouses and wholesale establishments, for
each 3,000 square feet of gross floor area
|
1
| |
|
Retail stores of appliances, furniture, motor
vehicles, machinery, hardware and lumber and building materials, for
each 300 square feet of gross floor area
|
1
| |
|
Home occupations, major, exclusive of off-street parking required
for the dwelling.
|
3
| |
|
Shopping center or group of stores with over 20,000 square feet
of gross floor area.
|
Parking spaces equal to 4.5 spaces per 1,000 square feet of
gross floor area.
|
B.
Off-street loading.
(1)
For every building, structure or part thereof erected
as a business, industry, hospital, place of public assembly or other
similar uses involved in the receipt and/or distribution of materials
or merchandise by motor vehicles, there shall be provided and properly
maintained adequate space for standing, loading and unloading of such
motor vehicles in order to avoid undue interference with the public
uses of streets, alleys or off-street parking areas.
(2)
Design requirements.
(a)
Every building, structure or addition thereto
having a use which complies with the above description shall be provided
with at least one motor vehicle standing, loading and unloading space
on the premises not less than 14 feet in width, 55 feet in length
and 14 feet in height clearance.
(b)
All loading spaces shall be located and designed
to avoid creating traffic hazards to the public use of all public
rights-of-way.
(c)
Such loading spaces shall be constructed to
standards prescribed by the Town Board.
(3)
Access to leading spaces shall be provided directly
from a public street or alley or from any right-of-way that will not
interfere with public convenience and that will permit orderly and
safe movement of vehicles.
(4)
Surfacing. Off-street loading spaces shall be surfaced
with a dustless, durable, all-weather pavement such as asphalt or
portland cement. Loading areas shall be so graded and drained as to
dispose of all surface water accumulation. The Planning Board may
alter this requirement at the time of site plan approval when surface
water drainage or other special requirements exist.
(5)
Screening and landscaping. When a loading area adjoins
a residential area, a planted buffer strip at least 20 feet wide shall
be provided between the loading area and the adjoining residential
area. Such buffer strips shall include a fence of acceptable design,
unpierced masonry wall, earthen berm or compact evergreen hedge of
not less than six feet in height, which shall be maintained in good
condition without any advertising thereon.
(6)
Lighting. No lights shall be erected, operated or
maintained in connection with loading areas in such a manner as to
create an annoyance to surrounding properties.
(7)
Collective provision of loading facilities. Nothing
in this section shall be construed to prevent collective provisions
for off-street loading facilities for two or more buildings or uses,
provided that the total of such off-street loading places supplied
collectively shall not be less than the sum of the requirements for
the various uses computed separately.
(8)
Loading space as required under this section shall
be provided in addition to off-street parking space and shall not
be considered as supplying off-street parking space.
(9)
Required loading space.
(a)
Retail and personal service uses. All retail
sales and personal service facilities exceeding 5,000 square feet
in area shall provide one loading space, plus one loading space for
each additional 5,000 square feet of area or fraction thereof up to
10,000 square feet, plus one loading space for each additional 30,000
square feet of area over 10,000 square feet.
(b)
Industrial uses. All industrial uses shall provide
one loading space for each 10,000 square feet of floor area, with
a minimum of not less than two loading spaces.
[Amended 7-27-1981 by L.L. No. 4-1981; 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Sign classifications purpose. All signs within the Town of Farmington (Town) shall be classified as either "commercial speech" or "noncommercial speech" signs based upon their purpose as defined by these regulations. All signs in existence on the effective date of Local Law No. 6-1998 (§§ 165-38 through 165-49) shall be classified as follows:
(1)
A sign for which no permit was heretofore issued.
(2)
A sign that is made nonconforming by the enactment
of the regulations contained in this section, for which a permit or
site plan approval was obtained under the provisions of the Town Code.
(3)
A sign that conforms to the standards contained in
this section for which a sign permit has been issued by the Code Enforcement
Officer.
(4)
A sign that conforms to the standards contained in
this section but for which no sign permit is required from the Code
Enforcement Officer.
B.
Conformance required. No sign shall be permitted in the Town of Farmington except in conformity with the provisions of this section of the Town Code and § 165-34.2, MSOD Main Street Overlay District.
[Amended 3-23-2021 by L.L. No. 6-2021]
C.
Nonconforming signs.
(1)
Alteration of nonconforming signs. Nonconforming signs
shall not be altered, rebuilt, enlarged, extended or relocated, unless
such action changes a nonconforming sign to a conforming sign as provided
herein. The failure to keep any such nonconforming sign in good repair
within a period of 30 days after due notification by the Code Enforcement
Officer shall constitute abandonment of the sign. An abandoned sign
shall not be reused and shall be removed by or at the expense of the
property owner.
(2)
Early termination of nonconforming signs. If a project
subject to development review is proposed for a parcel upon which
a nonconforming sign is located, the reviewing board shall require
that said nonconforming sign be brought into compliance as a condition
of approval of the proposed development review.
D.
Continuance of nonconforming signs.
(1)
On-site signs. Lawfully erected on-site nonconforming signs, with the exception of any sign found to be a traffic hazard by virtue of an inadequate setback from a public right-of-way, shall be allowed to continue until March 1, 2002. After that date, any such nonconforming sign shall be considered to be a violation of the Farmington Town Code, Chapter 165, and subject to removal pursuant to regulations contained in § 165-48.
(2)
Off-site signs. Lawfully erected off-site nonconforming signs and lawfully erected multiple on-site nonconforming signs shall be allowed to continue for the period defined in Subsection D(5) (amortization period) below. At the termination of that amortization period, said signs shall be considered to be in violation of the Town of Farmington Code, Chapter 165, § 165-38 and subject to removal pursuant to § 165-48.
(3)
Nonconforming signs not lawfully erected shall be considered to be in violation of the Town of Farmington Town Code and subject to removal pursuant to § 165-48 herein.
(4)
Within 180 days of the effective date of Local Law No. 6 of the year 1998 (effective date), the owner of a premises, or such owner's agent or designee (owner), upon which there is a lawfully erected off-site nonconforming sign or a lawfully erected multiple on-site nonconforming sign shall file with the Code Enforcement Officer an appraisal report prepared by a certified appraiser showing the fair market value of said sign upon the effective date. Whereupon the Code Enforcement Officer shall issue a letter to said owner indicating the number of years applicable to said sign as referenced in § 165-39D(5). Failure to file said report within the required time period shall render the sign subject to the three-year amortization period.
(5)
Amortization schedule for the removal of off-site
signs shall be as follows:
|
Fair Market Value on Effective Date
|
Years Allowed
(From Effective Date)
| |
|---|---|---|
|
Under $1,999
|
3
| |
|
$2,000 to $3,999
|
4
| |
|
$4,000 to $5,999
|
6
| |
|
$6,000 to $7,999
|
7
| |
|
$8,000 to $9,999
|
9
| |
|
$10,000 and over
|
10
|
[Added 9-8-1998 by L.L. No. 6-1998]
B.
Permits not required. The following signs do not require
a sign permit prior to erecting and maintaining such sign:
(2)
Commercial speech temporary signs erected as ground
signs or affixed to a building which meet the following standards:
(a)
The following commercial speech temporary signs
are allowed in all use districts without a sign permit but must be
erected as a ground sign or affixed to a building and meet the following
standards:
[1]
Temporary signs on temporary buildings for uses
incidental to construction work, provided that such signs are removed
upon completion or abandonment of the construction work. Such signs
shall not exceed 20 square feet in area unless otherwise specified
in federal or state statute.
[2]
One ground or wall temporary site development
sign, to identify a development of real property, is permitted, subject
to the following conditions:
[a]
The maximum allowable sign area
shall be 20 square feet.
[b]
A ground sign shall be allowed
only for and during the development of a vacant site.
[c]
A wall sign shall be allowed only
for and during the redevelopment of an existing structure.
[d]
A ground sign shall be no taller
than six feet above average grade.
[e]
A temporary site development sign
shall be oriented towards the public way in front of the site.
(b)
No sign erected pursuant to this section shall
remain after 12 months from the date of erection, the issuance of
a certificate of occupancy or termination of work on the project,
whichever occurs first, or as otherwise specified herein.
(d)
Signs which are used solely for the purpose
of identifying the various varieties of seed used in growing crops
on the site and only during the respective growing and harvesting
season for said crop.
(3)
A conforming commercial speech sign may be repainted.
[Amended 10-9-2001 by L.L. No. 1-2001]
(4)
Replacement of commercial speech copy on a conforming
commercial speech sign with noncommercial speech copy.
(5)
Credit card signs. Credit card advertisements or trade
association emblems, which are displayed together and the area of
which does not exceed one square foot, may be displayed. Such signs
shall be displayed flat on window or door surfaces. The purpose of
these signs is to offer a service and not to advertise the business.
(6)
Sale, lease or open-for-inspection signs.
(a)
One sign may be located on a parcel of real
estate advertising the sale, lease or rental of the premises upon
which the sign is located, provided that the sign shall not exceed
six square feet in sign area and four feet in height above the adjacent
ground level within the A-80, R-80, RS-25, R-7.2, R-1-15, R-1-10,
R-2 and RMF Residential Zone Districts. In addition to the above sign,
two additional signs each not larger than six inches by 165 inches
in size may be inserted into the sign frame. Said additional sign
may identify one of the following: "For Sale, Lease or Rent," "Open
House," "Open For Inspection" or the name and/or phone number of the
listing agent.
(b)
One sign may be located on a parcel of real
estate which advertises one of the following, provided that the sign
shall not exceed 16 square feet in sign area and seven feet in height
above the adjacent ground level within all other zoning districts.
[1]
Should the parcel of real estate advertised
have no common boundary with a public road, an additional such sign
may also be located upon the parcel providing access from the public
ways.
[2]
Should the parcel of real estate advertised
have a boundary in common with two public roads, then two such signs
shall be permitted, one adjacent to each such road.
[3]
Should the parcel of real estate advertised
have a common boundary with the New York State Thruway (I-90), then
an additional sign may be located upon the parcel within the yard
adjoining the Thruway.
[4]
Should the parcel of real estate advertised
have a common boundary with a public road more than 500 feet in length,
then two such signs shall be permitted, provided that they are separated
by a distance of at least 250 feet.
(c)
Signs placed on a parcel of real estate on a
Saturday and Sunday between the hours of 12:00 noon and 6:00 p.m.:
[1]
One sign, not exceeding four square feet, bearing
a legend such as "Open" or "Open for Inspection," on a parcel of real
estate where a premises is being advertised for sale, rent or lease.
(d)
Signs placed within the rights-of-way, provided
that they are set back a minimum of 15 feet from the highway shoulder:
[1]
A total of four off-site hard board directional
panels, each not larger than 12 inches by 18 inches on a single post,
which is not greater than 50 inches in height above ground and which
contains the listing agency, a directional arrow and the message to
read either "For Sale," "For Lease" or "For Rent" or the telephone
number of the listing agency.
(7)
Vehicular signs. Commercial speech signs on licensed/registered
motor vehicles used in conjunction with a business, provided that
the primary purpose of such sign copy is not to direct the traveling
public's attention to the business location.
(8)
Temporary identification signs of development sites.
Upon any parcel identified in a valid site development permit as the
site of an active construction or development project a single temporary
sign may be erected and maintained during the duration of such project,
which sign may identify the primary contractor or owner of the premises
and the street address, provided that such sign does not exceed 32
square feet in sign area and does not exceed seven feet in height
above the adjacent ground.
(9)
A temporary sandwich board sign identifying a promotional
event being conducted on the premises may be allowed without a sign
permit, for a period not to exceed 14 consecutive days, provided the
size of said sign does not exceed three feet by four feet in size.
Said sign shall be located outside the right-of-way for the highway
fronting along the site, unless said highway is under construction.
When said highway is under construction, said sandwich board sign
may be allowed within the right-of-way, provided it is in close proximity
to the driveway that provides access to the site and does not interfere
with motorists' line of sight to oncoming traffic.
[Added 10-9-2001 by L.L. No. 1-2001]
C.
Issuance by Code Enforcement Officer.
(1)
The Code Enforcement Officer shall have the authority to issue a sign permit in accordance with § 165-40.
(2)
The Code Enforcement Officer shall refer all applications for commercial speech sign permits that involve more than one sign per building or site to the Town of Farmington Planning Board for sign site plan approval. The Town of Farmington Planning Board shall have the authority to approve all sign permit applications requiring sign site plan approval. The sign site plan approval procedures are set forth in § 165-44 of these regulations.
(3)
The Code Enforcement Officer shall have the authority
to approve a modification to an approved sign site plan, provided
that there is no change in either the number, location or total area
of each sign.
D.
Application requirements.
(1)
All applications for a sign permit shall be made in
writing, upon forms prescribed and provided by the Code Enforcement
Officer, and shall contain the following information:
(a)
Name, address and telephone number of the applicant
and, where applicable, the owner of the land upon which the sign is
to be erected.
(b)
Location of building, structure or land to which
or upon which the sign is to be erected.
(c)
A detailed drawing or blue print to a scale
not exceeding one inch equals one foot showing the construction details
of the sign, the lettering and/or pictorial matter and the position
of lighting or other extraneous devices, and a location plan drawn
to scale not exceeding one inch equals 20 feet showing the position
of the sign on any buildings or structures, including building elevation,
and on any private or public street or highway.
(d)
The zoning district in which the sign is to
be placed and reference cited to the sign requirements as contained
in this chapter.
(e)
Identification of all other signs existing on
said land and whether those other signs are conforming, nonconforming
or legally nonconforming.
(f)
Written consent of the owner of the building,
structure or land to which or on which the sign is to be erected.
(g)
The applicant's signature attesting to the accuracy
of the application.
(2)
The Code Enforcement Officer's review of all sign
permits shall be based on the completed application form, any accompanying
photos, drawings and a site inspection.
(3)
Upon receipt of an application, the Code Enforcement
Officer shall:
(a)
Review the design, size and location of the
proposed sign to determine whether the proposed sign is in violation
of any of the regulations or restrictions set forth in this chapter.
(b)
Grant or deny the application within 30 days of receipt of a complete application and file the decision in the office of the Town Clerk. A denial shall be accompanied with a brief statement of the reason for the denial, including specific reference to the regulation being violated (for appeals, see § 165-98 of this chapter).
(c)
Once an application has been approved, the Code Enforcement Officer shall issue a sign permit. Said permit shall be valid for a period of 120 days from date of issuance. Subject to Subsection D(3) of this section, if a certificate of sign compliance is not issued within the one-hundred-twenty-day period for the sign permit, said sign permit shall expire.
(d)
Within seven business days of the placement
of the approved sign, the applicant shall provide a photograph of
the sign to the Code Enforcement Officer. Upon presentation of the
evidence of erection of the sign in compliance with this chapter and
a sign permit, the Code Enforcement Officer shall issue a certificate
of sign compliance.
(e)
Should the Code Enforcement Officer, upon inspection, find the sign not in compliance with the sign permit, the applicant shall be so notified by certified mail within two business days of the inspection. The applicant shall have up to 30 business days from the date of the receipt of the certified notification letter to correct the cited deficiencies and to notify the Code Enforcement Officer of said change(s). In no event shall said additional thirty-day period extend the one-hundred-twenty-day validation period for the sign permit. (For removal of signs, see § 165-48 below.)
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Design standards. All signs erected and maintained
in the Town of Farmington shall be in accordance with the following
sign design standards:
(1)
Architectural harmony. Commercial speech signs and
their supporting structure should be in harmony architecturally with
both the surrounding structures and signs.
(2)
Changeable-copy signs. Changeable-copy commercial
speech signs (commonly known as "bulletin boards"), not exceeding
20 square feet in area, of any public, religious or charitable organization
located within the Town shall be allowed when such signs are in conformance
with all other restrictions for that district. All changeable-copy
commercial speech signs require a sign permit.
(3)
Lighting angle. If exterior sign lighting is provided,
it shall be arranged to reflect away from the surrounding property
and away from public ways. No lighting of any sign shall cause glare
to extend on to any public right-of-way or adjacent property.
(4)
Lighting intensity. The intensity of the light source
shall not exceed that necessary to illuminate and make legible a sign
from the public ways. Signs constituting a traffic hazard are prohibited.
(5)
Maintenance. All signs and structures which support
a sign shall be adequately maintained. Maintenance of a conforming
sign or a legally nonconforming sign shall not be considered an erection
or alteration so long as a structural change is not made.
(6)
Attention devices. No sign shall consist of banners,
balloons, pennants, ribbons, streamers, spinners or similar fluttering
devices or flashing lights. No sign shall consist of animated or moving
parts.
(7)
Attachments. No sign shall be attached to fences,
street lights, utility poles or trees.
(8)
Pertinent advertising. Thirty business days after
a sign no longer advertises a bona fide business conducted, product
sold or activity being conducted, said sign shall be removed by the
owner, agent or person having the beneficial use of the building,
structure or lot.
(9)
Uniform Building Code. All signs shall comply with
the applicable regulations of the State of New York Uniform Fire Prevention
and Building Code.
(10)
Utility lines clearance. No permit for any sign
shall be issued, and no sign shall be constructed or maintained, which
has less horizontal or vertical clearance from communication lines
and energized electrical power lines than that prescribed by the laws
of the State of New York.
(11)
Public safety signage. Every principal building
or structure shall have Arabic numerals (street identification numbers)
at least four inches in height, permanently attached to the building
near the main entrance and clearly visible from the public way. Where
said principal building or structure is located more than twice the
minimum front setback required or where street address identification
numbers attached to the building are not clearly visible from the
public way or where said principal building or structure is located
along State Highway Routes 96 and 332, there shall be erected (within
10 feet of the property line, next to the site's access point and
perpendicular to the road) a motel post, which shall have affixed
at the top a vertical noncommercial speech sign with a green background
that contains only the street identification number(s) in white lettering.
The exact dimensions for said sign and its location on the property
shall be in accordance with the plan drawing located in the Town Development
Office and identified as "Street Identification Signs," drawing number
99-0 1, as may be revised from time to time.
[Amended 5-25-1999 by L.L. No. 2-1999]
(12)
Public safety clearance. No sign shall be allowed
to be attached in any form, shape or manner to a fire escape or to
any door or window giving access to any fire escape.
(13)
Projecting signs. No commercial speech sign
shall be permitted to project into any public right-of-way. No portion
of any projecting sign shall be less than 10 feet above grade level.
There shall be no more than one projecting sign for any building,
unless the building has public entrances to two or more public ways,
in which case one projecting sign may be erected for and toward each
public way.
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Noncommercial speech signs; residential uses. Noncommercial
speech signs may be permitted on any residential lot without a sign
permit, subject to the following conditions:
[Amended 5-25-1999 by L.L. No. 2-1999; 10-9-2001 by L.L. No. 1-2001]
(1)
Of the total number of signs, only one may be a window
sign. No window sign shall exceed 25% of the total window opening,
or four square feet, whichever is smaller.
(2)
A building-mounted sign may not exceed four square
feet in total area. Any building-mounted sign shall be located in
proximity to an exterior entrance.
(3)
A ground-mounted sign shall be subject to the following
criteria:
(a)
Each sign may be either single- or double-sided;
(b)
Each sign shall not exceed eight square feet
in total sign copy area;
(c)
Each sign shall not exceed five feet in height
above existing grade;
(d)
Each sign shall be placed outside all public
rights-of-way and maintain a minimum front setback of 10 feet from
the property line; and
(e)
Each sign shall not interfere with vehicle sight
distances either from, along or to a public way.
(f)
No sign shall consist of any attention-getting device as further specified in § 165-41A(6) of this chapter.
(4)
Noncommercial speech signs may be placed on a lot
up to 21 days prior to an event and must be removed within 48 hours
after the event.
(5)
Noncommercial speech signs not relating to an event
may be erected and remain for an indefinite period as long as the
sign is maintained in a safe manner and a good state of repair.
B.
Noncommercial speech signs; nonresidential, noncommercial
and nonindustrial. Noncommercial speech signs for nonresidential,
noncommercial and nonindustrial uses may be allowed in any district
without a permit, subject to the following conditions:
(1)
A sign may not exceed 20 square feet in area.
(2)
A freestanding sign must be located in the front yard
portion of a lot, may not be closer than 15 feet to any property line
and shall have a maximum height above grade level of six feet.
(3)
A building-mounted sign must be located on the first-floor
front facade of the structure.
(4)
Noncommercial speech signs may be placed on a lot
up to 21 days prior to an event and must be removed within 48 hours
after the event.
[Added 10-9-2001 by L.L. No. 1-2001]
(5)
Noncommercial speech signs not relating to an event
may be erected and remain for an indefinite period as long as the
sign is maintained in a safe manner and a good state of repair.
[Added 10-9-2001 by L.L. No. 1-2001]
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Residential uses.
(1)
A single double-sided freestanding commercial speech
sign identifying a permitted home occupation, not larger than three
square feet per side, may be permitted in any A-80 Agricultural Zoning
District and in any RR-80, RS-25, R-7.2, R-1-15, R-1-10 and R-2 Residential
Zoning Districts.
B.
Commercial and industrial uses.
[Amended 5-25-1999 by L.L. No. 2-1999; 12-22-2009 by L.L. No.
6-2009; 3-23-2021 by L.L. No. 6-2021]
(1)
The following additional sign standards shall guide the regulation
of all signs associated with projects located in the Main Street Overlay
District and any underlying Restricted Business, Neighborhood Business,
General Business, Planned Development, Limited Industrial, General
Industrial or Incentive Zoning District when only one principal building,
use or activity is proposed or exists on a single parcel of real property.
(a)
Only one building-mounted commercial speech sign may be allowed
on the front façade of a building unless said building is adjacent
to and visible from a second public street. The total square footage
for a building-mounted commercial speech sign located on the front
façade of the building shall not exceed 48 square feet or one
square foot of sign area for each lineal foot of building frontage.
[Amended 5-24-2022 by L.L. No. 4-2022]
(b)
Where a building is adjacent to and visible from a second public
street then the maximum total square footage for a second building-mounted
commercial speech sign placed on the building façade facing
the second street shall not exceed 32 square feet in sign area.
[Amended 5-24-2022 by L.L. No. 4-2022]
(c)
In addition to a building-mounted commercial speech business
identification sign, there may be erected one two-sided ground-mounted
commercial speech business identification sign upon any parcel fronting
along State Route 332. Said commercial speech sign shall not exceed
64 square feet in sign area or extend in height 15 feet one inch or
greater above existing grade. The edge portion of said two-sided ground-mounted
business identification sign shall not be located nearer than 15 feet
to a public right-of-way line. Every ground-mounted commercial speech
business identification sign shall be subject to sign site plan approval
granted by the Planning Board. Every ground-mounted commercial speech
business identification sign shall be surrounded at its base by landscaping
approved by the Planning Board. The minimum ratio of landscaping required
shall be one square foot of ground area for each square foot in sign
copy area.
(d)
As an alternative to a building-mounted commercial speech sign
or a ground-mounted freestanding commercial speech business identification
sign for those buildings fronting along State Route 332, there may
be erected an awning sign which shall be subject to approval by the
Planning Board. Awning sign(s) shall be uniform in vertical dimension
and height above existing grade. The maximum letter height shall be
eight inches. Awning sign(s) shall be uniform in vertical dimensions,
lettering and height above existing grade. Such awnings sign(s) shall
be of the same color and material on all buildings. Such awning sign(s)
shall be no larger than the window opening. No sign message shall
be permitted on the sloping area of the awning; however, a simple
logo may be permitted on each awning.
[Amended 5-24-2022 by L.L. No. 4-2022]
(2)
The following standards shall guide the regulation of all commercial speech signs associated with a site located in any zoning district specified in Subsection B(1) above where more than one principal building, use or activity is proposed or exists upon a single parcel or related parcels such as in the case of a shopping center, plaza, office complex or other multiple-use facility:
[Amended 5-24-2022 by L.L. No. 4-2022]
(a)
One double-sided, ground-mounted, freestanding commercial speech
sign may be allowed having a sign area of 48 square feet and shall
not be higher than 15 feet above existing grade. Said sign shall only
identify the name of the shopping center, plaza, office complex or
other multiple-use facility. Said sign shall be located within 30
feet of the driveway entrance/exit for the site.
(3)
The
following regulations apply to all commercial speech signs in any
zoning district:
[Added 5-24-2022 by L.L. No. 4-2022]
(a)
All ground-mounted, freestanding, commercial speech signs shall be
approved by the Planning Board as part of a sign site plan application;
and
(b)
The base surrounding every ground-mounted, freestanding commercial
speech business identification sign shall have a minimum landscaping
area of one square foot of ground area for each square foot of sign
copy area; and
(c)
All landscaping shall be installed prior to the issuance of a certificate
of compliance or as may be specified by the Town Code Enforcement
Officer due to seasonal conditions. In no event shall landscaping
not be installed later than May 31 of the following calendar year;
and
(d)
All landscaping shall be maintained during the useful life of the
sign.
C.
Agricultural uses.
(1)
A single freestanding double-sided commercial speech sign, identifying permitted wholesale or retail sales of agricultural products as defined in Chapter 117, Right To Farm, of the Town Code, not larger than 20 square feet per side, may be permitted in the A-80 Agricultural District and the RR-80 Rural/Agricultural District; or
(2)
A building-mounted single-sided commercial speech
sign, identifying said permitted use, the total square footage of
which shall be the lesser of:
[Added 9-8-1998 by L.L. No. 6-1998]
Every sign permit application that involves
a sign other than the first to be erected on a site shall require
a sign site plan to be approved by the Town of Farmington Planning
Board. All applications for sign site plan approval are to be submitted
to the Code Enforcement Officer on forms provided. The Code Enforcement
Officer shall process all complete applications in accordance with
the following procedures:
A.
The Code Enforcement Officer shall refer the application
along with an application for sign site plan approval to the Town
of Farmington Planning Board for its review and approval.
B.
All sign site plan applications to be heard by the
Planning Board are subject to compliance with the provisions of Article
8, of the State Environmental Conservation Law (State Environmental
Quality Review Regulations). All applications for sign site plan approval
must be accompanied by a completed Short Environmental Assessment
Form.
[Amended 12-22-2009 by L.L. No. 6-2009]
C.
Upon a referral from the Code Enforcement Officer
of a complete application, the Planning Board shall, within 60 days,
approve, modify or deny any application for a sign site plan. Any
modification or denial of a sign site plan shall be accompanied by
a brief statement of the reason for such modification or denial.
D.
The Planning Board may modify a sign site plan application,
provided that such modification does not result in the need for any
variance(s) to these sign regulations. All sign site plan modifications
must directly relate to the statements of purpose and intent set forth
above in this chapter.
E.
The Planning Board's action on a sign site plan application
shall be the basis for the Code Enforcement Officer to approve or
deny a sign permit, which action is declared ministerial in nature.
F.
The Code Enforcement Officer may authorize a subsequent
modification to an approved sign site plan, provided that there is
no change to either the number of or total area of signs.
G.
If the sign authorized under any such permit has not
been completely erected within 120 days from the date of the issuance
of such permit, the permit shall become null and void but may be renewed
for one additional sixty-day period upon the approval of the Code
Enforcement Officer and upon payment of an additional fee.
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Specific signs prohibited. The following types of
signs are prohibited in all districts:
(1)
Posted advertisements. Posted advertisements are not
allowed in any district.
(2)
Moving signs. Signs which move or simulate motion
are prohibited. This shall include flashing, blinking, animated, rotation
signs or signs whose illumination or projected surfaces change with
time, but shall not include time-and-temperature signs.
(3)
Pertinent advertising. No commercial speech sign shall
be displayed unless such sign advertises a bona fide business conducted
in or on the premises.
(4)
Price signs. Signs other than window signs, specifying
price, cost or value, are not allowed, unless advertising the price
of gas at a gasoline station, as required by county law.
(5)
Product, trade names or logos. Product names, trade
names or logos are permitted as a part of a sign only when the product
name, trade name or logo is integral to the use of the premises. No
more than 10% of the area of such sign may be used to display the
brand name of any product(s) or commodities actually sold on the premises.
(6)
Reflective surfaces. Signs with reflective surfaces
which create a glare to motorists traveling along the public rights-of-way
are not allowed.
(7)
Roof signs. No signs, banners, flags or other like
advertising devices shall be permitted on the roof of any building
or structure or be mounted so as to project above the eaves line.
(8)
Sandwich boards. A sandwich board sign is allowed, as provided in § 165-40B(6)(a) and (b) of this chapter, on a daily basis, for a period not to exceed 14 consecutive days, to identify premises for sale or rent and bearing a legend such as "Open" or "Open for Inspection" and to identify a promotional event being conducted on the premises. No sandwich board sign shall be left outside during non-daylight hours or will be allowed within or on any public way unless said public way is under construction and the sandwich board sign is being used primarily to identify the location of the temporary driveway that provides access to the site.
[Amended 10-9-2001 by L.L. No. 1-2001]
(9)
Statuary signs. Statuary signs are not permitted.
(11)
Traffic hazard. No permanent or temporary sign
shall be erected or placed at or near the intersection of any street
in such a manner as to cause a traffic hazard at the intersection,
or at any location where, by reason of position, shape, color or illumination
of the sign, it may interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal or device which makes use
of the words "stop," "look," "drive-in," "danger," "go slow," "caution,"
"warning," "right," "left" or any other word, phrase, symbol or character
in such a manner as to interfere with, mislead or confuse vehicle
operators.
(12)
Off-premises commercial speech signs. No off-premises
commercial speech sign shall be permitted either within 660 feet of,
or which is intended to be viewed from, Interstate Highway I-90 (Thruway)
or primary state highways (Routes 96 and 332).
[Added 9-8-1998 by L.L. No. 6-1998]
A.
The following standards shall guide the regulation
of all window advertising signs located in any commercial or industrial
district.
[Amended 10-9-2001 by L.L. No. 1-2001]
(1)
Window advertising or window identification signs
shall cover no more than 25% of the total window area.
(2)
A window advertising space is considered to be the
total area of any single window pane or series of window panes with
a width of 12 inches or less separated by mullions. A single window
sign which identifies only the name of the business and hours of operation,
no more than four square feet in sign area, may be displayed without
issuance of any permit or approvals of any board at any commercial
use lawfully conducted under the provisions of this chapter.
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Within the Neighborhood Business (NB) and General
Business (GB) Districts, banners, streamers and other promotional
displays, which would otherwise be prohibited by the provisions of
this chapter, may be temporarily erected and maintained within these
two districts, provided that the following standards are met:
(1)
Such displays shall only be erected and maintained
for a maximum cumulative duration of 30 days within any given calendar
year. Although no permit shall be required to be issued for such displays,
an informational form briefly describing the display and the dates
thereof shall be filed with the Code Enforcement Officer. Should no
such form be provided or should the maximum cumulative duration of
30 days be exceeded, then this subsection shall be deemed to be of
no effect and such display shall in that event be considered to be
in violation of this chapter of the Town Code; and
(2)
Such displays shall conform to any standards and limitations
identified for that purpose by a resolution of the Farmington Planning
Board. Any display failing to conform to such standards and limitations
shall be deemed to have failed to comply with the provisions of this
subsection and consequently to be in violation of the Town Zoning
Law. Should the Planning Board fail to impose by resolution such standards
or limitations, then such displays shall continue to be permitted,
provided that they comply with the other provisions of this subsection.
B.
In order to promote seasonal sales of agricultural
products by Town residents, temporary on-site and off-site commercial
speech signs may be allowed by the Town Code Enforcement Officer (CEO)
within the A-80, RR-80, GB, NB, GI and LI Districts. These types of
temporary commercial speech signs are intended to either identify
the site to be used for the seasonal sales of agricultural products,
or to direct the traveling public from along the highways to the site
of the seasonal sales of agricultural products. These temporary commercial
speech signs may be permitted only during the period of time specified
on the temporary sign permit.
[Added 10-24-2006 by L.L. No. 6-2006]
C.
Each site conducting the seasonal sales of agricultural
products may be allowed up to a total of five off-site freestanding
commercial speech directional signs and one on-site freestanding commercial
speech sign subject further to the following conditions being complied
with:
[Added 10-24-2006 by L.L. No. 6-2006]
(1)
Each site desiring to have an on-site temporary promotional
sign for the seasonal sales of agricultural products and/or off-site
temporary promotional directional signs shall complete, on the forms
provided by the Town, an application for temporary promotional signs
and file a complete application with the Town Code Enforcement Officer
(CEO).
(2)
The CEO review of said application shall determine
the location of the temporary on-site promotional sign, the number
of off-site temporary promotional signs, the locations of said off-site
temporary promotional signs, the number of single- and double-sided
signs that are to be allowed by the permit and the description of
each sign, including sign size and message. Upon review of this information,
the CEO shall either issue or deny a temporary sign permit for any
temporary promotional sign(s) for the seasonal sales of agricultural
products within 10 business days of the receipt of a completed application.
(3)
All temporary promotional sign permits issued by the
CEO shall specify the maximum period of time for the signs to be erected.
At the end of the specified period of time the signs shall be removed
by the applicant within 48 hours.
(4)
Of the five total off-site freestanding signs allowed,
only one single-sided or one double-sided off-site freestanding commercial
speech sign, identifying the seasonal agricultural product being sold,
the name of the business and a directional arrow, may be allowed along
the rights-of-way of each of the following major highways: State Routes
96 and 332; and County Roads 8, 28 and 41. Prior to the issuance of
a temporary sign permit, the applicant shall first obtain written
approval from either the New York State Department of Transportation
or the Ontario County Department of Public Works for the placement
of said signs within the respective rights-of-way jurisdiction.
(5)
Where a seasonal sales of agricultural products site
is to be located along a Town highway, temporary promotional display
signs may be allowed that are determined to be necessary by the CEO
to guide the traveling public from along the above-cited state and
county highways to the agricultural products site. All temporary promotional
display signs that are to be located within the Town highway right-of-way
shall be subject to the Town Highway Superintendent’s written
approval. Furthermore, there may be either one single- or one double-sided
freestanding on-site commercial speech sign and up to a maximum of
five off-site commercial speech signs identifying the directions to
each seasonal agricultural products site. In the event there are off-site
commercial speech directional signs located along the state or county
highways listed above, then the number of signs allowed along the
Town highway right-of-way shall be reduced accordingly.
(6)
Each seasonal agricultural products sign shall not
be less than 42 inches in height measured from the ground to the bottom
of the sign, and said sign shall not be taller than 78 inches in height
from the ground to the top of the sign. Said signs shall not exceed
nine square feet in total sign area and may be double-sided.
(7)
A fee for processing and administering the temporary
promotional signs shall be established by the Town Board and shall
be paid at the time of issuance of the seasonal agricultural products
sign permit.
[Added 9-8-1998 by L.L. No. 6-1998]
A.
Enforcement and penalties.
(1)
It shall be the duty of the Code Enforcement Officer
or his delegate to administer and enforce the provisions of this chapter.
(2)
When violations occur under this chapter, the Code
Enforcement Officer shall cause notice to be given to the owner or
occupant of the premises on which the sign is located or to the agent
of either or to the person receiving the benefits from the offending
sign. Said notice may be given by first-class mail or by issuance
and service of a notice of violation. If any of said persons fails
to abate said violation within five days after such notice has been
personally served upon them or within 10 days after such notice has
been sent to said person by first class mail at their home or business,
said person shall be subject to a civil penalty of $250 for each and
every day that said violation continues, recoverable by suit brought
by the Code Enforcement Officer in the name of the Town and to be
retained by the Town.
(3)
The Code Enforcement Officer or authorized representative
may serve a written stop-work order upon the applicant or other person
who commits or assists in any such violation requiring the correction
of any violation of this chapter.
(4)
The Code Enforcement Officer, on behalf of the Town,
may maintain an action for an injunction to enjoin violations of these
regulations.
(5)
A permit issued pursuant to this chapter may be revoked
by the Code Enforcement Officer if it appears that the sign erected
pursuant to the permit no longer conforms to the provisions of these
regulations.
(6)
The remedies provided herein shall be cumulative and
shall be in addition to any other remedies provided by law.
B.
Fees. All fees associated with these regulations shall
be established and maintained by the Town Board and made part of the
Town's Fee Schedule, which is on file in the Town Clerk's office.
C.
Removal of signs.
(1)
Signs not permitted.
(a)
The owner of any sign that no longer serves
a purpose for which a permit was issued or is otherwise in violation
of the provisions hereof shall be notified, in writing, by the Code
Enforcement Officer to either:
(b)
If the Code Enforcement Officer's notice is
not appealed within 30 days of the date of the written notice, the
notice automatically becomes an order and shall be enforced in accordance
with the provisions of this chapter.
(2)
Signs causing immediate peril. The Code Enforcement
Officer may cause any sign which is a source of immediate peril to
persons or property to be removed summarily upon written notice to
that effect. Failure to comply within five days of such notice will
serve as an authorization to the Code Enforcement Officer to remove
or cause removal of such sign, with all costs and expenses charged
as provided for above.
[Added 9-8-1998 by L.L. No. 6-1998]
All signs in the Town of Farmington shall be
properly maintained at all times. The Code Enforcement Officer shall
have the authority to order the painting, repair or removal of a sign
and accompanying landscaping which constitutes a hazard to safety,
health or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment. Notification shall be by certified mail.
If the maintenance notice is not complied with within 15 days, it
shall become an order to abate the sign or perform the maintenance
or repair specified therein.
In order to encourage the sound development
of street frontage, the following special regulations shall apply
to all uses permitted within the business and industrial districts:
A.
Access barrier. Access to streets shall be controlled
in the interest of public safety. Each building or group of buildings
and its parking or service areas shall be physically separated from
the highway line by a curb and planting strip or other suitable barrier
to control motor vehicle access, except for access points authorized
herein.
B.
Access points. Insofar as practical, the use of common
access points by two or more permitted uses shall be provided in order
to reduce the number and closeness of access points along the streets
and to encourage the fronting of business and industrial structures
upon a parallel access street and not directly upon a public road.
Access points for uses generating more than 150 peak hour trips shall
not be less than 24 feet nor more than 50 feet in width. All other
access points shall not be less than 20 feet nor more than 40 feet
in width.
[Amended 8-11-1998 by L.L. No. 4-1998]
If the use of any lot or building involves the
disposal of sewage or wastewater and public sewers are not available,
an adequate sanitary disposal system for the same shall be installed
in accordance with regulations and standards promulgated by the Department
of Health and at all times maintained on such lot or in lawful connection
therewith. The minimum lot area otherwise required shall be increased
where necessary to the extent required to provide such disposal system.
Detailed plans for such disposal system shall be submitted to the
Zoning Enforcement Officer and approved by him before a zoning permit
shall be issued.[1]
No zoning permit or certificate shall be issued
for any new land use activity where there is no access from the lot
or area upon which such activity is located to an existing improved
public street. Access may be direct or by private road or drive approved
by the Town. All structures shall be so located on lots as to provide
safe and convenient access for servicing, fire protection and required
off-street parking.
There shall be a clear-vision zone at all corners
of intersecting streets or street junctions consisting of a triangular
area defined by the point of intersection of the right-of-way lines
and the two points extending along such lines a distance of 50 feet
from the point of intersection of all thoroughfares and within which
area no obstructions to vision, excluding existing topography, shall
be permitted from a height of three feet to eight feet above the center-line
elevation of abutting streets.
[Amended 4-22-1997 by L.L. No. 3-1997]
Exclusive of nonresidential structures used
in conjunction with active agricultural operations, personal wireless
telecommunications facilities and multifamily developments, no lot
in a residential district shall have more than one principal building.
[Amended 4-27-2021 by L.L. No. 10-2021]
A.
Keeping of domestic animals. No birds, fowl, or poultry shall be
housed or kept within a secure outdoor area on any premises zoned
residential having less than five acres, except for domestic animals.
Such animal(s) shall be kept in such a manner as not to create a nuisance
or to be an annoyance to surrounding properties. All outdoor areas
shall be kept clean of animal waste and such waste shall be stored
inside approved containers. All secure outdoor areas shall be enclosed
and located within either the side or rear yard portions of the lot
and not closer than five feet to side and/or rear property lines.
B.
Keeping of farm animals. Farm animals shall be allowed on land located within the A-80 Agricultural District and the RR-80 Rural Residential District. No farm animals shall be housed or kept within a secure outdoor area on any premises of less than five acres. Kennels or shelters for animals shall not be closer than 200 feet to all side or rear lot lines. No kennels or shelters for farm animals shall be allowed within the front yard portion of a lot. The storage of any farm animal waste or other odor- or dust-producing materials shall not be closer than 200 feet to any lot line as per § 165-18 and/or § 165-19 of this chapter. These setback regulations may be exempted by the protection provided to an active farm site located within and established County Agricultural Use District, as further regulated under the New York State Agriculture and Markets Law.
A.
No lot shall be used for the storage or disposal of
solid or liquid waste without the prior approval of the Town Board,
except, however, duly approved individual sewage disposal systems,
and further provided that this provision shall not prohibit the storage
of animal waste upon any farm, provided that such storage does not
constitute a nuisance.
B.
The approval of the Town Board shall be given only
upon a finding that the proposed use will not have a detrimental effect
upon surrounding properties and upon evidence of any required permits
necessary from the New York State Departments of Health and/or Environmental
Conservation. The Town Board may require the submission of any documents
necessary to make the foregoing finding.
[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988; 5-25-1993 by L.L. No. 2-1993; 3-23-2021 by L.L. No. 6-2021]
A.
General provisions. Where a lot in any RMF, RB, NB, GB, LI, GI, PD
or IZ District abuts a lot in an A-80, RR-80, RS-25, R-1-15, R-1-10,
R-7.2 or R-2 District, then on said abutting property line shall have
a landscape buffer area of at least 30 feet in depth as part of any
site development plan approval by the Planning Board.
B.
Landscape buffer area. Existing plant material and/or landscaping
within the landscape buffer area cited above herein may be counted
by the Planning Board as contributing to the total buffer yard required
between the two adjacent zoning districts; provided, further, that
said plant material and planting schedule are deemed acceptable by
the Planning Board as part of any site development plan approval.
Furthermore, there shall be provided a two-year surety guarantee for
maintaining this buffer yard commencing at the time of issuance of
either a certificate of occupancy or a certificate of completion.
[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993; 4-22-1997 by L.L. No. 3-1997; 12-12-2000 by L.L. No. 1-2000; 11-24-2020 by L.L.
No. 5-2020]
A.
All accessory structures in any zoning district shall be located
in the rear yard portion of a lot having a principal structure and
shall have a minimum rear yard setback of five feet. An accessory
structure permitted in any mapped PD or IZ District shall have the
minimum rear yard setback as is specified in the Town Board resolution
approving said rezoning of land to the PD or IZ District.
B.
Accessory structures located within the mapped A-80, RR-80, RS-25,
R-1-15, R-1-10, R-7.2, RMF, RB, NB and GB Districts shall have a maximum
height of 15 feet as measured from existing grade to the peak of the
roof of an accessory structure. Accessory structure(s) permitted in
any mapped PD or IZ District shall have the maximum height as is specified
in the Town Board resolution approving said rezoning of land to the
respective PD or IZ District.
C.
Accessory structures with the mapped A-80, RR-80, RS-25, R-1-15,
R-1-10, R-7.2, R-2, RMF, RB, NB, GB, GI and LI Districts, excluding
private garages, shall have a maximum buildable area of 300 square
feet and a maximum building height of 15 feet above existing grade.
Accessory structures, excluding private garages, shall not be used
for the purpose of storage of vehicles. Accessory structures shall
conform to the style, color, and type of exterior finish on the principal
structure or be a neutral type of exterior finish.
[Amended 5-24-2022 by L.L. No. 4-2022]
D.
Private garages and carports shall have a maximum buildable area
of 800 square feet when located upon any lot having less than one
acre of land. The Planning Board may require private garages and carports
to have an exterior finish which conforms to the style, color, and
type of exterior finish on the principal structure.
[Amended 5-24-2022 by L.L. No. 4-2022]
E.
Private garage/carport, as used in this section, requires:
[Amended 5-24-2022 by L.L. No. 4-2022]
(1)
Any
structure which is defined as whose use includes vehicle storage;
and
(2)
Any
structure for private garages shall have a noncombustible floor surface;
and
(3)
Not
more than one private garage or carport shall be permitted per lot;
and
(4)
Carports
are to be securely mounted to the ground to prevent movement caused
by weather and/or wind conditions; and
(5)
Private
garages/carports shall be constructed in accordance with all applicable
uniform codes; and
(6)
Private
garages/carports are to be kept in good repair and in a safe and sanitary
condition.
F.
Not more than one accessory structure, excluding a private garage/carport,
shall be permitted on any lot located within a manufactured dwelling
park site. Such accessory structure shall have a maximum buildable
area of 100 square feet and shall be no taller than eight feet above
existing grade to the peak of the structure's roofline. No accessory
structure located within a manufactured dwelling park site shall be
located closer than five feet to the lot line.
[Amended 5-24-2022 by L.L. No. 4-2022]
A.
All structures shall be located with a ground elevation
such as to provide a sloping grade to cause the surface drainage to
flow away from the walls of such structures and any adjacent structures
on adjacent properties.
B.
The ground grade of any lot upon which new construction
or earth movement is to be conducted shall be related to existing
grades and drainage systems so as to provide adequate drainage and
not jeopardize such existing drainage systems.
A.
A landscaping plan for any permitted or special permitted use shall
be presented for all sites located within the MTOD Major Thoroughfare
Overlay District, excluding single-family and two-family dwellings.
Said landscaping plan shall be in accordance with the site design
guidelines adopted by the Town Planning Board each year as part of
their organizational meeting and filed with the Town Clerk.
[Amended 12-22-2009 by L.L. No. 6-2009]
B.
Not less than 30% of the lot area for any permitted
or special permitted use located on a parcel of land within the RB,
NB, GB, LI or GI Districts shall be devoted to seeding, plantings,
retention of tree cover, similar vegetative or landscaped cover. The
Planning Board may include site detention/retention ponds when part
of an approved site plan.
[Amended 12-12-2000 by L.L. No. 1-2000]
C.
Parking areas within the MTOD Major Thoroughfare Overlay
District and the MSOD Main Street Overlay District shall be landscaped
and buffered. A reasonable reduction in the size and number of parking
spaces required for a project within these two overlay districts shall
be permitted by the Town Planning Board, as part of any site development
plan review and approval, where it can be demonstrated that such a
reduction will not create overflow parking problems, will not adversely
impact the access roads, and that the additional space will be used
for landscaping or open space areas within the site.
[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988; 3-23-2021 by L.L. No. 6-2021]
A.
No fence that exceeds six feet in height shall be
erected or maintained on any lot whose permitted principal use is
residential. All fences shall be located within the side or rear yard
portion of a lot. Fences that are four feet or lower in height above
existing grade may be permitted within the front yard portion of a
lot that is located within a residential district.
[Amended 1-4-1988 by L.L. No. 1-1988; 4-22-1997 by L.L. No. 3-1997; 4-27-2021 by L.L. No. 10-2021]
B.
No fence shall exceed eight feet in height above existing
grade when located in the side or rear yard portion of any lot. A
fence that is four feet or lower in height above existing grade may
be placed within the front yard portion of any lot that is located
within a business, commercial, or industrial zoned district. The following
are allowed exceptions to these restrictions:
[Amended 1-4-1988 by L.L. No. 1-1988; 4-22-1997 by L.L. No. 3-1997; 4-27-2021 by L.L. No. 10-2021]
(1)
A security fence that is accessory to a permitted personal wireless
telecommunications facility, or a wind farm, or a large-scale solar
(PV) system shall be allowed, provided that said fence does not exceed
15 feet above existing grade; and
(2)
A security fence that is accessory to a permitted principal business,
commercial or industrial use of the property.
C.
Authorized security fence may have barb wire strands
located at least eight feet above existing grade and said barb wire
strands may be extended to a height of 10 feet from the adjacent existing
grade. Such security fence shall not be electrically charged.
[Amended 4-27-2021 by L.L. No. 10-2021]
D.
Fencing used to enclose a tennis court on a residential
property may be permitted up to 10 feet in height, provided that such
fencing is not less than 25 feet from either the side or rear property
lines.
E.
Fencing used to enclose a tennis, pickleball or basketball courts
on a residential property may be permitted, in the side or rear setbacks
of a lot up to a height not exceed 10 feet above existing grade, provided
that such fencing is not less than 25 feet from an adjacent property
line.
[Amended 4-27-2021 by L.L. No. 10-2021]
F.
All fences shall be erected within the property lines, and no fence
shall be erected so as to encroach upon a public right-of-way, publicly
owned lands, easements, or adjacent land.
[Amended 4-27-2021 by L.L. No. 10-2021]
G.
All fences shall be maintained in a safe and sound condition.
[Added 4-27-2021 by L.L.
No. 10-2021]
H.
No fence may be allowed to be erected or maintained which would be located within a mapped area of special flood hazard, as shown on any one of the Federal Insurance Rate Maps (FIRMs), prepared and adopted as part of the National Flood Insurance Program for the Town of Farmington, Community No. 361299, dated September 30, 1983, without first obtaining a floodplain development permit in accordance with the provisions of Chapter 87 of the Farmington Town Code.
[Added 4-27-2021 by L.L.
No. 10-2021]
[Amended 12-12-2000 by L.L. No. 1-2000]
Private swimming pools will be permitted in
all Residential, Restricted Business, Neighborhood Business and General
Business Districts, provided that there is an existing residence on
the lot and that the following regulations are complied with:
A.
Fences. Outdoor swimming pools and filtering equipment
located within three feet of the edge of a pool shall be entirely
enclosed by an impassable fence extending from the ground to a height
of not less than four feet above the ground level, with posts at intervals
of not more than 12 feet, which posts shall be firmly installed and
embedded in the ground, entirely surrounding the area in which a pool
is located, except that such fence may include one or more separate
gates which shall be capable of being closed and locked to prevent
access by small children. All gates shall be kept locked at all times
that the pool is not under adequate supervision. If a pool is constructed
entirely or partly above ground and that portion which is above ground
has a vertical side of at least four feet high above the surrounding
finished grade at each and every point about the pool, provided that
the way of access into such pool is designed to be readily closed
and locked or removed and such way of access shall be closed and locked
or removed when the pool is not in use, a fence shall not be required.
B.
Setbacks. Outdoor swimming pools shall be located
in the rear yard not closer than 10 feet to the side or rear property
line.
C.
Water supply. No permit shall be issued for such pool
unless the applicant can show that there is a sufficient source of
water supply to accommodate such pool without detriment to normal
water consumption requirements and that all proposed water supply
connections are proper and adequate. The water of such pools shall
be maintained at all times in a sanitary condition in accordance with
the bacterial standards of the Sanitary Code of the State of New York.
D.
Drainage. No permit shall be issued for such pool
unless the applicant can show that the proposed drainage of such pool
is adequate and will not interfere with the public water supply, with
existing sewerage or drainage facilities, with the property of others
or with public highways. Pools may not be drained into septic systems.
E.
Lighting. No lights shall be erected, operated or
maintained in connection with a swimming pool in such a manner as
to create an annoyance to surrounding properties.
F.
Overhead wiring. Service drop conductors and any other
open overhead wiring shall not be installed above the swimming pool
or the area surrounding the swimming pool extending 10 feet horizontally
from the pool edge, diving structures, observation stands, towers
or platforms.
A.
Height exceptions. The limitations affecting the height
of structures shall not apply to the appurtenant appendages and structures,
such as parapet walls not exceeding three feet in height, chimneys,
smokestacks, church spires, flagpoles, satellite dishes, television
antennas or penthouses for mechanical equipment, nor to barns, pole
barns, silos and other common farm-related structures and water tanks;
provided, however, that such appendages and structures shall comply
with all the other provisions of this chapter or any other applicable
ordinance; and provided further that any other structure over 50 feet
in height, other than communications towers as regulated elsewhere
in this chapter, shall require an area variance from the Zoning Board
of Appeals.
[Amended 12-12-2000 by L.L. No. 1-2000]
[Amended 12-12-2000 by L.L. No. 1-2000]
A.
Purpose.
(1)
The Town Board finds that proper outdoor lighting
is necessary for the safety of motorists and pedestrians as well as
aiding in police functions and reducing crime. The Board also finds
that the proper design and use of outdoor lighting will insure a nighttime
appearance consistent with overall community goals of enhancing the
attractiveness of businesses, streets and other portions of the environment.
(2)
The purpose of this section is to provide the regulatory
framework to insure the installation of safe and attractive outdoor
lighting needed to protect the health, safety and welfare of the residents
and visitors to the community. It is also declared to be the purpose
of these regulations to provide more specific guidelines for site
plan applications and standards in regard to lighting, in order to
maximize the effectiveness of site lighting, to avoid unnecessary
upward illumination and illumination of adjacent properties and to
reduce glare. This section will control unwanted glare and light trespass
onto neighboring properties, roadways and night sky.
B.
Applicability. All private outdoor lighting shall
be in conformance with the requirements of this section.
C.
General requirements: all commercial and industrial
zoning districts.
(1)
All outdoor lighting fixtures, including display lighting,
shall be shielded, turned off after close-of-business, unless needed
for safety or security, in which case the lighting shall be reduced
to the minimum level necessary and may operate on motion detectors/sensors.
(2)
Petroleum stations. Island canopy ceiling fixtures
shall be recessed.
(3)
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in Subsection D below.
(4)
All light fixtures that are required to be fully shielded
shall be installed and maintained so that the shielding is effective.
D.
Shielding requirements.
|
Fixture/Lamp Type
|
Shielding Required
| |
|---|---|---|
|
Low/high pressure sodium, metal halide and fluorescent
mercury vapor over 70 watts
|
Fully
| |
|
Incandescent over 75 watts
|
Fully
| |
|
Incandescent 75 watts or less
|
None
| |
|
Fossil fuel
|
None
| |
|
Any light source of 70 watts or less
|
None
|
E.
Exceptions:
(1)
Any spot or flood luminaire having initial source
lumens of 900 or less, provided that no direct light is focused so
as to cause avoidance glare on adjoining property or roadways. Such
luminaire may be redirected or its light output controlled so as to
eliminate this glare and be eligible for exemption under this section.
(2)
Temporary circus, fair, carnival or civic uses.
(3)
Construction or emergency lighting, provided such
lighting is temporary and is discontinued immediately upon completion
of the construction work or abatement of the emergency necessitating
said lighting.
(4)
Temporary lighting.
(5)
Lighting associated with agricultural pursuits within
an established State Agricultural District.
G.
Lighting standards. All exterior lights and illuminated
signs shall be designed, located, installed and directed in such a
manner as to prevent objectionable light at (and glare across) the
property lines and glare at any location on or off the property. The
"maintained horizontal illuminance recommendations" set by the Illuminating
Engineering Society of North America (IESNA) shall be observed.
H.
Submittal requirements. All applications for site
plan and/or special use permit approval shall require a lighting plan
showing conformity with standards contained in this section. Such
lighting plan shall indicate the location, type of lamp, luminaire,
mounting height, source lumens, illuminance and glare control options,
if any, for each light source and area. Illuminance may be plotted
using manufacturer's photometric charts or the Planning Board may
require iso-footcandle drawings to examine the interaction of all
lighting on the site. Any additional documentation necessary to show
conformance to the standards set forth in this section shall also
be provided. Additions or changes to an approved lighting plan shall
be considered under the site plan review provisions of this chapter.
I.
Illuminance and uniformity.
(1)
Lighting in conformance with this section is required
for all parking lots having five or more cars. Light levels shall
be designed to meet but not to exceed the latest recommended levels
from IESNA for the type of activity/area being lighted except light
levels for ATMs which shall be in accordance with the New York State
ATM Safety Act.[1] Where no standard is available from IESNA, the applicable
standard shall be determined by the Planning Board taking into account
the levels for the closest IESNA activity.
[1]
Editor's Note: See Banking Law § 75-a
et seq. (Art. II-AA).
(2)
Uniform light levels shall be achieved on the site.
The uniformity ratio (average to minimum) shall not exceed 3:1 for
parking and traffic areas nor 4:1 for pedestrian areas.
(3)
Design should establish a hierarchy of lighting to
insure a smooth transition from bright areas to those with subdued
lighting.
(4)
Maximum to average light levels should be kept within
a 6:1 ratio. Light levels shall be maintained at design levels with
lamp or luminaire replacement as needed.
J.
Light source visibility. The visibility of the light
source inside a luminaire is restricted to the following:
(1)
Nonresidential zones. Direct light shall not be visible
above six feet at the adjoining public roadway pavement edge, or 25
feet beyond the property line, except no such restriction for lighting
site entrances.
(2)
Residential zones and where adjacent property is in
a residential zone. Direct light shall not be visible above ground
level at the adjoining public roadway pavement edge, or 25 feet beyond
the property line or at the dwelling unit, whichever is less except
no restriction for lighting site entrances.
K.
Luminaires. All luminaires whose initial source lumens
are greater than 1,800 must meet the following requirements:
M.
Light trespass. Light trespass shall be limited to
the following:
(1)
In all zoning districts, at the pavement edge of adjoining
public roads: a maximum of 0.5 footcandle, except for site access
points where a maximum of one footcandle at the pavement edge is permitted.
(2)
Residential districts and where an adjacent property
is in a residential district: a maximum of 0.2 footcandle 25 feet
beyond the property line or at the dwelling unit, whichever is less.
(3)
Nonresidential districts: no maximum limit; however,
light trespass shall be based upon adjoining uses and light levels
to insure that IESNA standards are not exceeded.
N.
Nonconforming lighting. All outdoor lighting lawfully
existing prior to the effective date of this chapter shall be deemed
conforming to this section except that:
(1)
No installation of new luminaries (e.g., fixture and
bulbs) shall be permitted unless in conformance to this section.
(2)
All outdoor lighting that, in the opinion of the Code
Enforcement Officer (CEO), is causing a glare on adjoining roadways
or properties shall be required to submit lighting details to the
CEO showing that the existing lighting meets the requirements of this
section or how such lighting will be brought into conformance.
[Added 8-13-1985 by L.L. No. 2-1985; amended 12-27-1994 by L.L. No. 4-1994; 4-22-1997 by L.L. No. 3-1997]
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, excepting personal wireless telecommunications facilities which are further regulated in § 165-68 of this Code, except as set forth herein:
A.
Any such antenna shall be confined to the side or
rear yard of any parcel of realty. No more than one satellite antenna
shall be located on any residential lot. On a corner lot, in addition
to being confined to the side or rear yard, the antenna shall not
be located nearer than the setback from the lot line adjacent to the
street line.
B.
No such antenna shall be installed in the Town of
Farmington unless or until a building permit has been granted as provided
herein.
C.
No installations shall be allowed over or upon an
easement.
D.
The diameter of such dish shall not exceed 12 feet,
and the height of such device and its installation shall not exceed
20 feet at its maximum height, width or depth.
E.
No part of said satellite antenna or its installation
shall be located within five feet of the side or rear lines of said
lot.
F.
Every effort shall be made to provide under said permit
that the color be in solid or earthtone so as to reduce or eliminate
aesthetic concerns of the adjoining properties in so far as possible
and that said color tones be maintained in such character during the
usage of said satellite antenna under this permit. It is the basic
requirement that the colors be solid and in the black, brown, green,
beige or similar colors, including solid mesh construction.
G.
All installation shall be accomplished under the permit
in a good, workmanlike manner and shall be installed so as to assure
no safety problems resulting from wind, electrical or other factors
giving rise to an unsatisfactory safety condition.
H.
Completed applications for permits shall be complete and signed by the owner of the property and shall be reviewed by the Building Inspector and, where necessary, by the Town Engineer. If the requirements of this section are met, as well as the requirements of Chapter 165, Zoning, and the Farmington Codes and Building Fire Codes[1] are met, an appropriate permit for construction may be
issued by the Building Inspector.
[1]
Editor's Note: See Ch. 83, Fire Prevention
and Building Construction.
I.
The supporting post for the antenna shall have a minimum
depth of 3 1/2 feet from the finished grade, and it shall be encased
in concrete.
J.
No display or advertising of any kind shall be permitted
on any part of the satellite antenna.
K.
Notwithstanding any of the foregoing provisions, this
section shall not apply to satellite antennas which measure less than
two meters in diameter and which are located in business, commercial
or industrial districts; and one meter in diameter regardless of location
and in accordance with Federal Communications Commission (FCC) Rule
Regarding Preemption of Local Zoning Regulations for Satellite Antennas,
47 CFR Part 25.
[Added 8-14-2007 by L.L. No. 3-2007; amended 12-23-2008 by L.L. No.
4-2008; 3-22-2011 by L.L. No. 1-2011]
No person shall cause or permit the erection, maintenance and/or
operation of an outdoor wood boiler as an accessory use on land located
within the A-80 Agricultural District or the RR-80 Rural Residential
District, except as set forth herein.
A.
No person shall cause, allow or maintain the use of an outdoor wood
boiler within the Town of Farmington without first having obtained
certification of the model from the New York State Department of Environmental
Conservation pursuant to § 247.8 of the New York State Administrative
Code, as amended and, second, having obtained a building permit issued
in accordance with these regulations.
B.
No building permit shall be issued for an outdoor wood boiler until
a copy of the New York State Department of Environmental Conservation
certification form cited above herein has been filed with the Town
Code Enforcement Officer.
C.
The building permit issued shall be valid for five years and only
to the specific outdoor wood boiler unit. Said building permit shall
expire on the date listed in the certification form unless both the
state certification form and the Town building permit are renewed
by the certificate holder.
D.
Any outdoor wood boiler unit with a valid certificate of compliance issued on or before August 14, 2007, shall be permitted to remain, provided that the owner applies for and receives a certificate of compliance with these provisions from the Town Code Enforcement Officer within one year of such effective date. However, said certificate of compliance shall be valid as long as the provisions of Chapter 165 of the Town Code pertaining to outdoor wood boilers are met. If the owner of an existing outdoor wood boiler does not receive a permit within one year of the effective date of this section, the outdoor wood boiler shall be removed by the owner.
E.
Only fuels specified in the provisions contained in § 247.4
of the New York State Administrative Code, as amended, Approved Fuels,
shall be permitted.
F.
Burning of any and all other materials in an outdoor wood boiler
that are first prohibited in § 247.3 of the New York State
Administrative Code, as amended, shall not be allowed. An outdoor
wood boiler may not be used as a waste incinerator.
G.
In addition to the criteria contained in §§ 247.5
and 247.6 of the New York State Administrative Code, as amended, an
outdoor wood boiler may only be permitted on lots of three acres or
more.
H.
Outdoor wood boilers shall be set back not less than:
I.
The stack height for an outdoor wood boiler shall be a minimum of
18 feet above ground level. Notwithstanding the foregoing, the Town
Code Enforcement Officer may require that the permanent stack extend
up to five feet above the peak of any roof structure within 150 feet
of the outdoor wood boiler when necessary to adequately disperse smoke
emitted from an outdoor wood boiler.
J.
Emission limits. All new outdoor wood boilers must be certified pursuant
to § 247.8 of the New York State Administrative Code, as
amended, and shall not emit particulate emissions at a rate greater
than that established in said section.
K.
Outdoor wood boilers must be equipped with a spark arrestor.
L.
Outdoor wood boilers shall be operated only between September 1 and
May 31.
M.
Outdoor wood boilers shall not be installed within 500 feet of the
municipal boundary, within 500 feet of municipal parkland, or within
100 feet of a watercourse.
N.
An application for a building permit for an outdoor wood boiler must
be accompanied by a sketch site plan and include the setback dimensions
of the unit from all adjacent property lines.
O.
A suspended building permit for an outdoor wood boiler may be reinstated
by the Code Enforcement Officer once the condition which resulted
in the suspension is remedied and reasonable assurances are given
that such condition will not recur. Recurrence of a condition which
has previously resulted in suspension of a permit shall be considered
a violation of this section subject to the penalties set forth below
herein.
P.
Even if the requirements set forth in Part 247 of the New York State Administrative Code, as amended, and other sections of this Chapter 165 are met, there may be conditions or locations in which the use of a new outdoor wood boiler unreasonably interferes with another person's use or enjoyment of property or even damages human health, and, if such a situation occurs, the owner or lessee of the new outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at his own expense, as well as any other penalty allowed by law.
Q.
Where the Town Board of Health fords that extraordinary and unnecessary
hardships may result from strict compliance with these provisions,
it may vary the regulations so that substantial justice may be done
and the public interest secured, provided that such variations will
not have the effect of nullifying the intent and purpose of these
regulations or of jeopardizing the health, safety or welfare of the
public. In varying any regulations, the Board of Health may impose
such conditions and requirements as it deems reasonable and prudent.
The Board of Health may, at its discretion, hold a public hearing
as part of its review. If the Board of Health grants the waiver, a
permit shall be issued for the outdoor wood boiler. If the Board of
Health denies the waiver, the outdoor wood boiler must either be brought
into compliance with this section or removed. If the Board of Health
does not take action with respect to the waiver within 60 days from
its receipt of an application for a waiver, the waiver shall be deemed
denied.
R.
Nothing contained herein shall authorize or allow burning which is
prohibited by codes, laws, rules or regulations promulgated by the
United States Environmental Protection Agency, New York State Department
of Environmental Conservation, or any other federal, state, regional
or local agency. Outdoor wood-burning boilers, and any electrical,
plumbing or other apparatus or device used in connection with an outdoor
wood-burning boiler, shall be installed, operated and maintained in
conformity with the manufacturer's specifications and any and all
local, state and federal codes, laws, rules and regulations. In case
of a conflict between any provision of this section and any applicable
federal, state or local ordinances, codes, laws, rules or regulations,
the more restrictive or stringent provision shall prevail.
[Added 12-22-2009 by L.L. No. 6-2009]
A.
Legislative purpose. The use of public donation bins for the collection
of donated clothing, household items, toys and other goods for the
benefit of religious, governmental, scientific, literary, sporting,
educational or charitable not-for-profit organizations is beneficial
to the general welfare of this community, provided that such bins
are placed at suitable locations, are well maintained, and are operated
for the true benefit of a designated not-for-profit organization.
It is the intent of this section to regulate the placement and operation
of public donation bins so they serve this declared purpose.
B.
Permit required; conditions. No person shall cause or permit the
erection and/or maintenance of a public donation bin (PDB), as defined
elsewhere in this chapter, to be placed outside of an enclosed building
located on a site where a public building is either a permitted principal
use or a special permitted use, or on a site within the RB Restricted
Business, NB Neighborhood Business, GB General Business, or LI Limited
Industrial District where there is a permitted or special permitted
public building or use, except as authorized by a zoning permit that
has been issued by the Code Enforcement Officer (CEO) in accordance
with the following conditions:
(1)
The PDB shall be placed outside of an enclosed building located
on either an approved lot within the GB General Business District
or, within any other zoning district, on an approved lot on which
the PDB's sponsor owns or operates a principal use that complies with
the chapter.
(2)
The PDB shall not be located within the front yard portion of
a lot.
(3)
The PDB shall not be located anywhere on a lot on which a residential
dwelling is located.
(4)
The PDB is hereby identified as an accessory use and structure
subject to all setback criteria for said use and structure as provided
elsewhere in this chapter of the Town Code except as otherwise set
forth in this section.
(5)
The PDB shall be placed upon a solid, dust-free surface and
anchored.
(6)
The PDB shall be located so as to preserve adequate sight lines,
on-site parking and driveway space, pedestrian access and any other
elements determined by the CEO to preserve safe and adequate vehicle
and pedestrian circulation on the premises.
(7)
The PDB shall be entirely enclosed except for an opening that
is the minimum size necessary to allow for the deposit of donations.
There shall be a door used to access the PDB which shall be locked
so that the contents may not be accessed by anyone other that those
responsible for the retrieval of the contents. No PDB shall be allowed
that involves a one-way trap-door device.
(8)
The maximum size of a PDB shall not exceed eight feet by 16
feet, nor exceed 10 feet in height.
(9)
Signs inviting donations may be placed on each of the sides of the public donation bin (PDB), provided that no such sign shall be placed on a side that faces a lot line of an abutting residential district. Each sign shall identify the PDB's sponsor and the charitable, religious, scientific, literary, sporting, educational or governmental purpose of the sponsor that will be advanced by donations to the PDB. Each sign shall also contain the current telephone number for the public to contact in the event said PDB is not being adequately maintained in the manner specified in Subsection B(11) below. Such authorized signs shall not exceed two feet by four feet in dimension and shall not be illuminated.
(10)
Each PDB shall also be clearly posted with a sign that specifies what types of items may and may not be deposited therein. Such posting may be included on the signs identified in Subsection B(9) above, or on an additional sign on the PDB near the opening for the deposit of donations. Any sign additional to that authorized in Subsection B(9) above shall not exceed one foot by two feet in dimension and shall not be illuminated.
(11)
Every PDB shall be maintained on a regular basis to prevent
overflow, the accumulation outside the PDB of discarded items, deterioration
or malfunction of the PDB, or other unsightly, unsafe or unhealthy
conditions. There shall be no overflow of a PDB allowed. In the event
of overflow, or other problem condition cited above, the Code Enforcement
Officer shall immediately notify the contact person that is designated
by the PDB's sponsor to correct the problem. All such problems shall
be corrected within 24 hours of a violation notification. A permit
issued for a PDB shall be revoked and the PDB removed within 48 hours
of notice being provided if, within 24 hours after delivery of the
third violation notice, the designated contact person fails to correct
the problem condition or otherwise indicates by word, action or inaction
that the sponsor is no longer willing or able to maintain the PDB.
C.
Permit form and content. The application for the zoning permit for
a PDB shall be made in writing upon a form prescribed by the CEO that
shall contain information sufficient for the CEO to determine whether
the proposed PDB structure and use will comply with this section and
chapter, including without limitation:
(1)
The name and contact information for the sponsor; and
(2)
A description of the not-for-profit status of the sponsor and
the charitable, religious, scientific, literary, sporting, educational
or charitable purpose to be served by the collection of items donated
to the PDB; the name and contact information of the owner of the lot
where the PDB is proposed to be located; the name and contact information
of the sponsor's designated contact person who is responsible for
the sponsor's maintenance of the PDB; and
(3)
Information on the dimension, design, signage, and location
of the proposed PDB.
D.
Permit fee. A fee of $50 per bin shall be charged for each permit.
E.
Permit number; dates of issuance and expiration.
(1)
Permit number. Each approved application shall be given a drop-off
bin permit number issued by the Town Code Enforcement Officer that
shall be affixed to the bin as required elsewhere by this chapter.
(2)
A PDB permit shall be affixed to every public donation bin device
used by a permittee for the collection and storage of new or used
clothing, toys or other items, and the permit shall be affixed to
the bin prior to placement of the bin.
(3)
The permit shall be placed on the same side of the bin as the
chute used for the deposit of donated items. Upon the sale or transfer
of a bin, a new permit shall be required and shall be affixed to the
bin prior to placing it in service.
(4)
A permit issued under this section shall be valid from the date
of issuance until February 28 of the following odd-numbered year.
F.
Enforcement; penalties for offenses; injunctions.
(1)
The owner, lessee, or other person or legal entity in control
of the property where a public donation bin is being maintained in
violation of this section and the person or entity which owns, maintains,
or operates a bin in violation of this section shall be jointly and
severally liable therefore.
(2)
Code Enforcement Officer(s) of the Town Development Office and
the Ontario County Sheriff's Department are hereby authorized to issue
summonses or appearance tickets, returnable to Town Court, for any
violations of this section.
(3)
Additionally, the Town Attorney may, in an appropriate case,
institute an injunction action in the name of the Town to assure compliance
with the terms of this section.
(4)
Any person, owner, tenant, lessee and/or agent having a legal
interest in the subject property who has upon his/her property a Personal
Donation Bin without a valid permit or which is overflowing or has
items located on the ground around the bin shall be in violation of
this section and punishable subject to the penalties for offenses
set forth in § 65-113 of this Code.
[Added 9-26-2017 by L.L.
No. 6-2017; amended 1-25-2022 by L.L. No. 2-2022]
A.
Purpose. It is the purpose of this section of the Town Code to encourage
and promote the safe, effective, and efficient use of installed solar
photovoltaic (PV) systems that reduce on-site consumption of utility-supplied
energy and/or produce new and additional electricity services generated
by solar energy that help meet the present and anticipated future
energy needs of Town residents and others.
B.
Intent. It is the intent of these regulations to:
(1)
Meet the goals and objectives of the Town of Farmington Comprehensive
Plan (hereinafter referred to as the "Plan") to enhance continued
agricultural operations and protect viable agricultural land resources;
and provide public utilities, facilities and energy services that
efficiently meet present needs and anticipate future needs of residents
in accordance with the goals and objectives of the Plan; and
(2)
Support green economy innovations; and
(3)
Support New York State in meeting its renewable energy goals
established by the 2015 New York State Energy Plan as implemented
through the Reforming the Energy Vision Institute; and
(4)
Support the New York State Climate Leadership and Community
Protection Act (hereinafter referred to as "CLCPA"), which went into
effect January 1, 2020.
C.
Applicability.
(1)
This section applies to building-mounted, building-integrated
and ground-mounted solar photovoltaic (PV) systems installed and constructed
after the effective date of this section of the Code.
(2)
This section also applies to any upgrade, modification or structural
change that alters the physical size, electric generation capacity,
location or placement of an existing solar PV system.
(3)
Nonconforming solar PV systems. Nonconforming solar PV systems
existing on the effective date of this section may be altered or expanded,
provided such alteration or expansion does not increase the extent
or degree of nonconformity.
(4)
Properties with approved site plan. Notwithstanding the requirements of §§ 165-84.3 and 165-100 of this chapter, for any lot or parcel of land that has an approved special use permit and an approved site plan, the installation of a by-right solar PV system on the lot shall not be considered a change to the special use permit or the approved site plan. This provision shall be interpreted to exempt lots with an approved site plan from other requirements of this chapter.
(5)
Prohibition. Solar PV systems attached to the side of a building
are prohibited unless they are designed as a building-integrated system.
D.
Solar PV systems permitted by right.
(1)
By-right solar PV systems. To encourage use of solar PV systems
in the Town of Farmington, the following building-integrated and building-mounted
solar PV systems shall be permitted by right as an accessory structure
in any zoning district, provided the system is generating electricity
only for the land use located on the same lot as the system, and further
provided that the system is in the following yard areas:
(2)
Standards for by-right solar PV systems. Any by-right solar
PV system shall meet the following standards:
(a)
Accessory use. All building-mounted or building-integrated by-right
solar PV systems shall be considered accessory uses and shall require
a building permit.
(b)
By-right small-scale large-scale ground-mounted solar PV systems.
Only small-scale large-scale ground-mounted solar PV systems, as defined
herein, shall be considered as by-right systems. Such by-right systems
shall be limited to a capacity of 25 kW and shall generate no more
than 110% of the kWh of electricity consumed over the previous twelve-month
period by land use(s) existing on the lot or parcel of land where
the system is located. In applying this standard, electricity consumption
shall be determined by submission of utility bills showing electric
usage over said twelve-month period.
(c)
By-right facilities shall comply with all applicable New York
State building codes.
(d)
In no event shall lot coverage for a by-right solar PV system
exceed 50% of the lot area.
(e)
All by-right solar PV system panels shall have antireflective
coating(s).
(3)
By-right building-mounted solar PV systems. For a building-mounted
solar PV system installed on a sloped roof, the following design requirements
shall be met:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher. The support structure design for
these panels shall be approved by the Town Fire Marshal to ensure
access paths.
(e)
All solar panels shall have antireflective coating(s).
(f)
All roof-mounted solar PV systems shall comply with the zoning
district's height limitations.
(4)
By-right building-integrated solar PV systems. For a by-right
building-integrated solar PV system:
(5)
By-right building-mounted and building-integrated solar PV systems.
Notwithstanding the area, lot and bulk requirements of this chapter,
building-mounted and building-integrated solar PV systems may be installed
on nonconforming buildings as follows:
(a)
On the roof of a nonconforming building that exceeds the maximum
height restriction, provided the building-mounted system does not
extend above the peak or highest point of the roof to which it is
mounted.
(b)
On a building that does not meet the minimum setback or yard
requirements, provided there is no increase in the extent or degree
of nonconformity with said requirement.
(c)
On a building that exceeds the maximum lot coverage requirements,
provided there is no increase in the extent or degree of nonconformity
with said requirement.
E.
Solar PV systems requiring a special use permit and site plan approval.
Solar PV systems requiring both a special use permit and site plan
approval.
(1)
Except as provided in § 165-65.3D, solar PV systems permitted by right, above, no other type of large-scale ground-mounted solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board, pursuant to Articles VI and VIII of this chapter. In addition, all large-scale ground-mounted solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:
(a)
Large-scale ground-mounted solar PV systems.
(b)
Solar PV systems, regardless of size, that generate and provide
electricity, through a remote net metering agreement or other arrangement,
to an off-site utility or user or users located on a lot or parcel
of land other than the lot or parcel of land on which the system is
located.
(2)
Classifications. Solar PV systems requiring a special use permit
may be classified as either principal or an accessory use as set forth
below.
(a)
Principal use. A solar PV system constructed on a lot or parcel of land and providing electricity to an off-site utility or user or users through a remote net metering agreement or other arrangement shall be classified as a large-scale solar PV system and shall be considered a principal use. All large-scale ground-mounted solar PV systems that are classified as a principal use shall adhere to the area, yard and building requirements of the zoning district in which the system is located, unless modified herein by § 165-65.3F below.
(b)
Accessory use/accessory structure. A large-scale ground-mounted
solar PV system shall be considered an accessory use/accessory structure
when generating electricity for the sole consumption of a principal
use or building(s) located on the same lot or parcel of land as the
system.
F.
Solar systems not allowed. The following types of large-scale building-mounted
and building-integrated solar PV systems are not allowed in any zoning
district.
(1)
Building-mounted and building-integrated large-scale solar PV
systems that have a system capacity greater than 25 kW or generate
more than 110% of the kWh of electricity consumed over the previous
twelve-month period by land use(s) existing on the lot or parcel of
land where the system is located. In applying this standard, electricity
consumption shall be determined by submission of utility bills showing
electric usage over said twelve-month period.
(2)
Building-mounted solar PV systems, regardless of size, mounted
on carports or canopy structures covering parking facilities.
G.
Major renewal electric solar PV systems exempt from Town review and
approval. The following major renewal electric solar PV systems are
exempt from review under the regulations contained in this chapter
of the Farmington Town Code:
(1)
Permit applications for major renewable energy facilities, as
defined by the State of New York, pursuant to Chapter 388 of the Laws
of 2011 enacted Article 10 of the New York State Public Service Law.
Article 10 provides for the siting review of new and repowered or
modified major electric generating facilities in New York State by
the State Board on Electric Generation Siting and the Environment.
Under the provisions of Chapter 388, a major renewable electric generating
facility is defined as facilities capable of generating annually 25
megawatts or more. Additionally, new large-scale ground-mounted solar
PV system projects, generating between 20 and 25 MW, and existing
projects in the initial phases of the Article 10 review process may
opt in to the state-level siting process administered by the Office
of Renewable Energy Siting (ORES).
(2)
Permit applications for major renewable energy facilities as
defined in Subpart 900-1.2 (a through f) of Chapter XVIII, Title 19
of NYCRR Part 900, Office of Renewable Energy Siting, requires applications
for permits for the siting, design, construction, operation, compliance,
enforcement, and modification of such facilities pursuant to § 94-c
of the New York State Executive Law.
