Village of Delhi, NY Exceptions and Special Provisions

Any use of land or buildings which was established prior to the enactment of this chapter and which is permissible as a special use in the district where it is located shall be considered a conforming use, except if discontinued for two years or more. Thereafter, special use permit approval shall be required to reestablish the use.

Such preexisting special use shall not be enlarged, relocated, extended or increased in intensity unless an application is made for a special use permit and approved. The special use permit shall apply only to the additional activity.

Procedure.

The Code Enforcement Officer shall receive applications and refer completed special use permit applications to the Planning Board at its next regularly scheduled meeting.

Each application for a special use permit shall be accompanied by a site development plan in accordance with Chapter 243. Each special use permit application must receive site development plan approval before the special use permit may be granted. The site development plan shall be a part of the special use permit application and the approval process and time frame shall be in conjunction with the special use permit approval process and time frame.

At its next regular or special meeting, the Planning Board shall designate a public hearing date within 62 days from the date application was made. At least 10 days prior to the public hearing, the Planning Board shall refer the application to the County Planning Board as required by General Municipal Law §§ 239-L and 239-M.

The applicant shall send a notice of the public hearing by certified mail at least five days prior to the hearing to all persons, firms or corporations owning property or residing within 200 feet of the location of the subject property. The applicant shall provide the Planning Board with receipts of mailings at the hearing.

The Planning Board shall publish a notice of the public hearing in the official newspaper. The notice of the public hearing shall be published at least five calendar days prior to the date of the public hearing giving sufficient information so as to identify the property involved and the nature of the proposed action.

The Planning Board shall render its decision, either approving, approving with conditions or denying, within 62 days after the hearing, unless an extension is mutually agreed upon by the applicant and Planning Board.

The Planning Board's decision on the application shall be filed in the office of the Village Clerk within five business days after the day such hearing is rendered and a copy thereof mailed to the applicant.

Fee. Every application for a special use permit shall be accompanied by a fee which shall be set by resolution from time to time by the Board of Trustees of the Village of Delhi.

Standards applicable to all special use permits.

The Planning Board shall issue special use permits when it concludes that such action will not be incompatible with existing or planned development in the general area. In granting special use permits, the Planning Board shall concern itself with issues primarily concerning the immediate neighborhood and, in some cases, the Village as a whole.

The Planning Board shall assure that the special use will be compatible with the neighborhood in which it is to be located and will meet the standards of this subsection or, where that cannot be accomplished, to deny the special use permit. The burden of proof lies with the applicant to demonstrate that the proposed special use is consistent with the purpose and intent of the applicable zoning district and satisfies the standards of this subsection.

All special uses shall satisfy the following standards:

The proposed special use shall be such that it will not adversely affect the use or development of neighboring properties. The location, size and height of buildings, structures, walls and fences and the extent and nature of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.

The Planning Board may require landscaping, screening, yard requirements or other design requirements found to be necessary and appropriate to the proposed special use and location.

The proposed special use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site.

Adequate utility, stormwater drainage, parking, loading and other necessary facilities to serve the proposed special use shall be provided. Parking and loading requirements shall be in accordance with §§ 300-50 and 300-51.

(e)

Signs shall be regulated by the provisions of § 300-46. However, the Planning Board, to ensure that the proposed special use is compatible with the neighborhood, may impose more strict standards for a given special use than those set forth in § 300-46.

(f)

The future impact of a proposed special use will be considered and addressed in establishing a time limit on the permit, if deemed appropriate. Existing and recent development, current zoning and the Comprehensive Plan shall be among the factors used in assessing the future impact and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity.

(g)

The proposed use shall comply with applicable requirement of the State Environmental Quality Review Act.

(h)

All special uses shall comply with the lot size, setback regulations and other standards of the zoning district in which it is located, unless a variance has been issued by the Board of Appeals.

Conditions.

The Planning Board, in granting special use permits, may impose such conditions, safeguards and restrictions upon the proposed development as may be deemed necessary in the public interest to secure compliance with the provisions of the Zoning Chapter.

Conditions may include, but are not limited to, the following:

The hours of operation;

Access to the subject property;

Protection of surface water and groundwater;

Lighting of the site, to include intensity and shielding, so as not to adversely affect adjacent or nearby property owners;

(e)

Adequate sewage disposal and water supplies;

(f)

Sound limitations as needed to ensure peaceful enjoyment by neighbors;

(g)

The location, size, height, and design of building, walls, fences, landscaping and buffer yards;

(h)

Covenants, easements and/or homeowners' association for maintenance of applicable restrictions;

(i)

Timing or phasing of construction or establishment of the development;

(j)

Underground utilities;

(k)

Control of dust, smoke, odor, drainage and soil erosion;

(l)

Bonding as required to ensure standards are met and plans are implemented.

Effect of special use permit approval.

A special use permit shall authorize only one particular special use.

No structure or land use requiring a special use permit shall be established until an appropriate permit has been issued by the Code Enforcement Officer upon approval of the Planning Board in accordance with this article.

Planning Board approval shall be obtained for any addition, alteration or enlargement to uses and buildings authorized by the special use permit.

Special use permit approvals granted pursuant to this article shall remain with the land when the title is transferred.

Expiration of special use permit. A special use permit shall expire if the special use permit activity is not commenced and diligently pursued within two years of the date of approval.

Uses permitted by special permit. The Planning Board may authorize the issuance of a special use permit for any of the following buildings and uses:

In an Agricultural and Rural Residence District AR:

Uses which may be considered:

	Air landing field
	Animal hospital
	Bed-and-breakfast home
	Bed-and-breakfast inn
	Bus passenger shelter
	Cemetery
	Church or parish house
	Clubhouse, as herein defined, without facilities likely to occasion a nuisance in a residential neighborhood by reason of noise or other objectionable features
	Crematorium
	Dental clinic
	Drive-in outdoor theater subject to the requirements of § 300-56
	Educational institution
	Electric substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, repair shop or facility for the manufacture or storage of illuminating gas
	Fraternity, sorority, chapter or membership association, as defined herein
	Hospital
	Medical clinic
	Mobile home park conforming to the requirements of § 300-44
	Municipal, county, state or federal use
	Nursery school
	Nursing home
	Private athletic field, private swimming pool or other private recreation facility not operated for profit
	Private commercial automobile parking lot on land directly abutting a general business district or an industrial district at the side or rear, provided that no part of such lot extends more than 200 feet beyond the boundary, to the boundary line of such business or industrial district or extends into a front yard or extends closer to the side line of a residential lot than 50 feet; and provided that wherever abutting upon other than industrial or commercial property, the parking lot is to be densely planted with trees and shrubbery to a depth of not less than 25 feet
	Public buildings
	Public parks and noncommercial recreational facilities
	Quarrying of stone, sand and gravel, subject to the requirements of § 300-55
	Radio or television transmission facilities and their customary appurtenances
	Riding academy
	Sanatorium
	School, primary or secondary
	Stable, public or private

Limitations. No use authorized for consideration by Subsection A(1)(a) shall be permitted in any other district unless specifically authorized for such district.

In a Residence District R-1:

Uses which may be considered:

	Bed-and-breakfast home
	Bed-and-breakfast inn
	Bus passenger shelter
	Church or other place of worship, together with its usual accessory buildings, including parish houses, but not including cemeteries
	Educational institutions
	Electric substation, gas district governor station
	Public buildings
	Public parks and noncommercial recreational facilities
	Schools, primary and secondary, but not including vocational, trade or business schools

In a Residence District R-2:

Uses which may be considered:

	Any use permitted in Subsection J(2) above
	Bed-and-breakfast home
	Bed-and-breakfast inn
	Clubhouse, as herein defined, without features likely to occasion a nuisance in a residential neighborhood by reason of noise or other objectionable features
	Mobile home park conforming to the requirements of § 300-44
	Private athletic field, private swimming pool or other private recreational facility not operated for profit
	Private or commercial automobile parking lot on land directly abutting a general business or industrial district at the side or rear, provided that no part of such lot extends more than 200 feet beyond the boundary line of such business or industrial district or extends into the front yard or extends closer to the side line of a residential lot than 50 feet, and provided that wherever abutting upon other than industrial or commercial property, the parking lot is to be densely planted with trees and shrubbery to a depth of not less than 25 feet
	Radio or television transmission facilities and their customary appurtenances

In a Residence District R-3:

Uses which may be considered:

	Any use permitted in Subsection J(3) above
	Dental clinic
	Fraternity, sorority, chapter or membership association, as defined herein
	Hospital
	Medical clinic
	Nursery school
	Nursing home

In a General Business District B:

Uses which may be considered:

	Drive-in business, not including drive-in outdoor theaters, subject to the requirements of § 300-56
	Fraternity, sorority, chapter or membership association, as defined herein
	Sidewalk cafe, conforming to the requirements of § 300-39, Sidewalk cafes

§ 300-39 Sidewalk cafes.

[Added 10-17-2005 by L.L. No. 3-2005]

Special use permit required. Any person, firm or corporation may operate a sidewalk cafe (hereinafter called "cafe") within the Village of Delhi as a special use conforming to the provisions in these regulations upon obtaining a sidewalk cafe special use permit from the Planning Board.

Application requirements. Each applicant for a permit under this article shall submit three copies of his plans for a cafe to the Code Enforcement Officer, along with a nonrefundable fee established by the Board of Trustees, who will review them and present them to the Planning Board. Such plans shall show:

That the applicant has a state liquor license, if applicable, that will allow or can be amended to allow him to serve alcoholic beverages in his cafe.

That the applicant has obtained a NYS DOT permit, if necessary, allowing sidewalk cafe operation in the state highway right-of-way.

With scale drawings, the proposed location of furniture and, if required, the location of roping that will delineate the cafe area from the public right-of-way.

That the applicant has complied with, or is able to comply with, all rules, regulations and specifications promulgated by the Village of Delhi pursuant to this article.

A hold-harmless agreement executed by the applicant and indemnifying the Village against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for injury to person or property occurring on the premises occupied by the cafe. The applicant shall be required to provide proof of a protective policy of insurance in the amount of $500,000 covering said hold-harmless agreement. Said hold-harmless agreement shall be subject to the approval of the Village Attorney.

Standards for operation of sidewalk cafe.

Area and public space. A cafe in a public right-of-way shall be located only in front of the establishment that is owned or leased by the applicant. If required by State Liquor Authority regulations, the operational area of the cafe shall be enclosed by roping, fencing or similar material. A public right-of-way shall be maintained with a minimum width of four feet or as determined by NYS DOT requirements, whichever is greater, between any part of the cafe and any adjacent fixed sign, lamppost, telephone pole or similar obstructions.

Signs. No signs shall be hung or attached to any portion of the cafe, except those signs on an awning that are in compliance with provisions set forth in § 300-46, Signs and billboards.

The Planning Board may impose other conditions as provided in § 300-38F.

Rules, regulations and specifications. The Village Board is hereby authorized to promulgate appropriate rules, regulations and specifications regulating operation of sidewalk cafes. These rules may include the season of operation, time periods for food and alcohol sales, closing hours, cleaning of the area, the playing of music and other rules as it may deem necessary.

Notice of violation; revocation of permit. Upon a finding by the Code Enforcement Officer that an applicant has violated any provisions of this article or any of the rules, regulations or specifications then in effect, the Code Enforcement Officer shall give notice to the applicant to correct said operational violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said operational violation within 24 hours, the Code Enforcement Officer may revoke the applicant's permit issued pursuant to this article. The Code Enforcement Officer shall, in his/her sole judgment, give a violator reasonable time to repair any structural damage or physical violation of any provision of this article.

Sale and consumption of alcoholic beverages. The area encompassed within a cafe authorized pursuant to this article shall be considered duly licensed for the sale and consumption of alcoholic beverages and shall not be subject to Chapter 102, Alcoholic Beverages, of the Code of the Village of Delhi.

Penalties for offenses; effect on eligibility for permit.

Any person who violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $250. Each day that such violation continues shall constitute a separate violation. In addition, upon notice by the Code Enforcement Officer, the Superintendent of Public Works may cause any sidewalk cafe structure existing in violation of this article to be removed without notice. A fee of $200 shall be charged to the licensee for the cost of such removal. The Department of Public Works may store the removed cafe structure for a period of 30 days, and then, if unclaimed, it may destroy or discard the cafe structure.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person who violates any of the provisions of this article or at whose premises a violation of Chapter 192, Noise, of the Village of Delhi Code occurs two times in one year shall have his license revoked for one full year and shall not be eligible for another license until the expiration of one full year.

§ 300-40 Bed-and-breakfast homes and bed-and-breakfast inns.

[Added 10-17-2005 by L.L. No. 2-2005]

Special use permit required. The Planning Board shall only grant a special permit for a bed-and-breakfast home or a bed-and-breakfast inn if the following special conditions are met and adhered to during the period the bed-and-breakfast use is in operation:

A certificate of occupancy must be obtained from the Code Enforcement Officer before each such use commences.

A bed-and-breakfast home must be owner-occupied and owner-managed. A bed-and-breakfast inn must be owner-managed.

An owner-occupant is an individual who owns at least a 1/2 interest in the real estate on which the bed-and-breakfast home is located and also owns at least a 1/2 interest in the business of running the bed-and-breakfast home and who primarily resides in and lives in the bed-and-breakfast home for at least 80% of the days (in each calendar year) when the bed-and-breakfast home is open for business as a bed-and-breakfast home.

An owner-manager is an individual who owns at least a 1/2 ownership interest in the real estate on which the bed-and-breakfast home or bed-and-breakfast inn is located and also owns at least a 1/2 interest in the business of the bed-and-breakfast home or bed-and-breakfast inn and who is primarily responsible for the management of the bed-and-breakfast home or bed-and-breakfast inn and is physically present in the bed-and-breakfast home or bed-and-breakfast inn at least once per day for 80% of the days (in each calendar year) when the bed-and-breakfast home or bed-and-breakfast inn is open for business.

Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business, except the one permitted sign as indicated below and the required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application.

Drawings illustrating any major proposed interior modifications (excluding plumbing, wiring or other utility work) directly related to establishing or continuing the bed-and-breakfast use must be submitted with the special permit application. Examples of major interior modifications are the removal, replacement or installation of staircases or partitioning walls.

No cooking facilities are permitted in the individual guest rooms.

Food service shall only be provided to guests taking lodging in the bed-and-breakfast home or inn.

There shall be not more than one sign. Such sign shall not be self-illuminated and shall not exceed four square feet in area. Additional requirements described in § 300-46, Signs and billboards, of this Code shall be met.

Public input. The response of those notified by the applicant as required in the procedures set forth in § 300-38D(4), as well as that expressed at the public hearing, should be a significant factor in the Planning Board's decision to grant or deny the special permit.

Length of permit and renewal. A special permit granted for a bed-and-breakfast home shall expire when the premises changes ownership. For the new owner, all the requirements pertaining to the application for and the granting of a first-time special permit for a bed-and-breakfast home shall also apply to the application for and the granting of each renewed special permit for a bed-and-breakfast home or inn, including the notification procedures set forth in § 300-38D(4).

§ 300-41 Yard exceptions.

[Amended 8-16-2004 by L.L. No. 3-2004]

For large-scale housing developments. Upon presentation to the Planning Board of a site plan showing the location of buildings, streets, yards and other open spaces for the unified residential development of an area bounded on all sides by streets or parks or other permanent open space, the Planning Board may waive the heretofore established side and rear yard requirements and the heretofore established front yard requirements and the heretofore established height requirements, except for streets and roads shown on the major thoroughfare plans as main and secondary thoroughfares. After approval of the Planning Board, the Board of Appeals may authorize the Code Enforcement Officer to issue permits in accordance therewith, provided that the net land area per dwelling unit contained in the development is not less than that prescribed for the district in which the development is located.

For private garages on steep slopes. Where the topography is such that the slope of the land exceeds 15% and, therefore, access to a private garage built back of the front building line, as required by this chapter, is impracticable, it shall be permissible to place such building, not exceeding 12 feet in height, within the front yard space, but not closer to the street line than 18 feet.

§ 300-42 Motels.

[Amended 8-16-2004 by L.L. No. 3-2004]

Motels, where allowable under this chapter, shall conform to the following requirements:

Each rental structure shall contain at least four rental units.

Automobile parking space shall accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises.

Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures shall be properly connected to the Village water and sewer system.

§ 300-43 Mobile homes.

[Amended 1-19-1986 by L.L. No. 1-1987; 8-16-2004 by L.L. No. 3-2004]

The following shall apply, in addition to all other regulations of the Village in respect to mobile homes:

No mobile home shall be parked and occupied in any district outside an approved mobile home park for more than 48 hours, except upon a special permit issued by the Code Enforcement Officer. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.

As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon for a period not exceeding 180 days and shall be renewable for an additional period not exceeding 180 days.

Any mobile home which is so situated as not to conform to the terms of this chapter shall not be replaced on its site unless said replacement is with a newer mobile home and one in better condition, and said replacement must be made within 30 days of the date the prior mobile home is removed from the site.

§ 300-44 Mobile home parks.

[Amended 5-15-1978 by L.L. No. 3-1978; 8-16-2004 by L.L. No. 3-2004]

The following shall apply, in addition to all other regulations of the Village in respect to mobile home parks:

Permit for a mobile home park.

It shall be unlawful within the Village for any person or persons to construct or operate a mobile home park without first securing a written license from the Village Board and complying with the regulations of this chapter.

The application for such annual license or the renewal thereof shall be filed with the Village Clerk and shall be accompanied by a fee to be determined by the Village Trustees. Thereafter, each mobile home shall be assessed on the tax rolls of the Village against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law. No other fees shall be charged against the mobile home owner; provided, however, that each mobile home is assessed and placed on the tax rolls and that the school, county, town, Village and state taxes have been paid for the current year. In the event that each mobile home is not on the tax rolls and the tax paid for the current year, the mobile home park owner shall pay a monthly fee for each month or any portion thereof that each mobile home occupied a mobile home space; and the monthly fee therefor shall be determined by the Village Trustees, which shall be paid at the commencement of each month. The application for a license or renewal thereof shall be made on forms prescribed by the Village and shall include the name and address of the owner in fee of the tract. If the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application. Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.

Application for a mobile home park license. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park and shall furnish the following information:

Boundaries of plot areas.

Entrances, exits and walkways.

Mobile home sites or lots.

Method and plan of garbage disposal.

Water supply.

Electric lighting.

Owner's and operator's name and address.

Park plan.

For authorization, no mobile home or service building shall be closer to a street or road than 100 feet.

In any other district where allowable, no mobile home, trailer lot, office or service building shall be closer to any street or road line than 100 feet or closer to any other property line than 50 feet.

In whatever district located, a mobile home park shall conform to the following additional requirements:

The park shall be located on a well drained site suitable for the purpose with an adequate entrance road at least 20 feet wide.

Individual mobile home lots shall have an area of not less than 4,000 square feet with a minimum width of 40 feet and a minimum depth of 100 feet.

The total number of mobile home lots shall not exceed 10 per gross acre.

Margins along the side and rear property lines shall be densely planted with trees and shrubs to a depth of not less than 25 feet.

(e)

Each mobile home park shall provide sanitary conveniences, services and utilities, including water supply, sewage disposal, lighting and garbage disposal, commensurate with the regulations set forth in the following sections.

Water supply. A sufficient supply of water from an approved water system shall be provided to each mobile home lot.

Sewage and refuse disposal. Waste from mobile homes shall be wasted into an approved sewer system.

Garbage receptacles. One garbage receptacle of metal with tight-fitting cover shall be provided for each mobile home and one large metal trash can for every two mobile homes. These receptacles shall be kept in a sanitary condition and emptied periodically by the licensee or his agent.

Storage. Enclosed weatherproof storage space within a building shall be provided in an amount not less than 30 square feet for each mobile home lot in the mobile home park.

Registration.

The park shall keep a record of all guests noting:

Name and permanent address of each occupant.

[2]

License numbers of all units.

[3]

State issuing such licenses.

The park shall keep a copy of the registry available for inspection at any time by any authorized person and shall not destroy such a registry until the expiration of 12 months from the date of registration.

Inspection. Before the park commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter have been complied with and shall issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.

Revocation or suspension of license. The Village Board or its representative shall have the authority to enter and inspect, for health and sanitation purposes, any facility licensed hereunder, at any reasonable time. If, upon inspection, it shall be found that the licensee has violated any provision of this chapter, the Village Board shall have the power to revoke or suspend such license and order the mobile home removed or the mobile home park closed after notice and an opportunity to be heard.

(11)

Parking space, as defined herein, shall be provided at the rate of at least two car spaces for each mobile home and one additional space for each four mobile home lots.

(12)

Camp trailers or travel trailers. Camp or travel trailers, as defined herein, shall be permitted in mobile home parks for no longer than 30 days in any calendar year.

§ 300-45 Public garages and motor vehicle service stations.

No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on the opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.

All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside of the public way, and no gasoline pump shall be placed closer to any side property line than 50 feet or closer to any street than 20 feet.

[Amended 5-15-1978 by L.L. No. 3-1978]

No inoperative motor vehicles shall be kept on the premises of motor vehicle service stations for longer than two weeks.

All waste materials shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

§ 300-46 Signs and billboards.

[Amended 11-6-1978 by L.L. No. 8-1978; 8-19-1991 by L.L. No. 2-1991; 2-17-1992 by L.L. No. 1-1992; 12-17-2001 by L.L. No. 8-2001; 8-16-2004 by L.L. No. 3-2004]

General provisions. Signs are an accessory use only. Signs are not permitted as a principal use. Wherever located and whatever their nature, signs and billboards shall conform to the following.

Types of signs enumerated.

Sign: any device, located or used on the exterior of any building or unattached and separate from any building, designed to inform or attract the attention of persons not on the premises on which the device is located or on the immediate street frontage thereof. Such devices include but are not limited to wall signs, projecting signs and freestanding signs, as defined in this chapter, containing advertisements, announcements, notices, directional matters, names, declarations, demonstrations, displays, illustrations or insignia used to advertise or promote the interests of the advertiser when the sign is placed in view of the general public. Such signs may be known as "billboards," "signboards," "painted signs," "hanging signs" or "ground signs" and include illuminated, moving, flashing or fluttering devices.

Freestanding sign: any sign not attached to or painted upon a building and having an independent fixed location.

Illuminated sign: any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

Portable sign: any sign not fastened to a structure or to the land and readily movable to other locations.

Projecting sign: any sign which projects from the exterior of any building.

Nonconforming sign: any sign which was lawful before this chapter was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

Temporary sign: A sign or advertising display constructed of but not limited to cloth, canvas, fabric, paper, cardboard, plywood, or other light material and designed or intended to be displayed for a short period of time.

Wall sign: any sign attached to or erected against the exterior of a building or structure so that the display surface of the sign is parallel with the plane of the wall.

Window sign: a sign located in the window of a building and designed to be visible from the exterior of the building, but not including graphics in connection with customary window display of products. A window sign is considered to be a sign regulated by this chapter.

Roof sign: a sign placed above the upper edge of any building or parapet or placed or painted on or above the roof covering or on an independent structural frame on a roof or on the side or roof of a roof structure such as a penthouse, elevator housing, tank, etc.

Prohibited signs. The following are specifically prohibited:

Any of the above- or below-defined signs which are deemed to be detrimental to public health or safety or which obstruct in any fashion a traffic sign or traffic light.

Signs illuminated by or containing flashing, intermittent, rotating or moving lights or devices, except time-and-temperature-clock signs.

Roof signs. No sign shall be erected upon or applied to any roof, except religious symbols unaccompanied by lettering when applied to the cornice tower or spire of a place of worship.

Billboards and other off-premises advertising, except as allowed in Subsection F(11).

Exempt signs. The following are allowed in all districts, and no permit is required:

Signs not exceeding one square foot in area and bearing only the property number, postbox number, names of occupants of premises or other identification of premises having no commercial connotation.

Flags and insignia of any government except when displayed in connection with commercial promotion.

Legal notices, identifications and informational or directional signs required or erected by governmental bodies.

Signs directing and guiding traffic and parking on private property but bearing no advertising matter.

Signs, temporary in nature, such as real estate sale signs, lawn and porch sale signs and special event signs and temporary window signs in commercial establishments advertising a special item or sale. Removal of such signs is the responsibility of the owner or sponsor or agent within two days of the end of the sale or event.

One sign, not exceeding six square feet in area in an R District nor 16 square feet in B and I Districts, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. Such sign is to be removed at the completion of the project.

Political posters and similar signs, not exceeding four square feet in R Districts nor 16 square feet in Business and Industrial Districts. Placement of such signs shall not exceed 30 days' duration, and removal shall be the responsibility of the person, owner or organization sponsoring or providing the signs.

Signs allowed in AR, R-1, R-2, R-3 and P-D Districts.

Home office occupation or professional office in home. For an allowed business or home occupation, one sign is allowed, restricted in area to four square feet. A permit is required. Location of such sign shall be at the discretion of the Code Enforcement Officer.

One temporary sign pertaining to the development of more than one residential structure on a group of adjacent lots or properties, which shall not be illuminated, shall not exceed 20 square feet in area on either of two sides and shall be situated not closer than 10 feet to any property line. No permit is required.

One sign or bulletin board on each building frontage facing a street or public place, not exceeding 12 square feet in area, customarily incident to libraries, museums, churches and similar institutions. Such sign may be either a wall sign or a freestanding sign and, if a freestanding sign, shall conform to the setback requirements for structures in the zone in which it is located. No permit is required.

The Code Enforcement Officer may issue a permit for a sign or signs, as needed, to identify the buildings or activities of colleges, schools, hospitals and similar institutions. The conditions regarding the size, placement and lighting of such signs shall be at the discretion of the Code Enforcement Officer but shall be the most restrictive possible consistent with the purpose for which the signs are intended.

Signs in Business B and Industrial I Districts.

All signs allowed in the Residential Districts are allowed in Business and Industrial Districts without permit.

At gasoline and vehicle repair stations, integral graphics and attached price signs on gasoline pumps and regulation signs as may be required by governmental bodies are allowed without permit.

Except as provided in Subsections F(1), (2) and (12), a sign may be erected in a B or I District by permit only, as provided in Subsection L.

Each business location shall be allowed one principal sign, which shall contain only the name of the business located there.

A shopping plaza shall be allowed one additional sign, not exceeding 40 square feet in area, advertising the name of the shopping plaza; provided, however, that if said sign is freestanding, it shall be the only freestanding sign in the shopping area. A shopping plaza shall be considered to be two or more contiguous business locations under single ownership and utilizing a common parking area equally accessible to both stores.

Determination of allowed sign area. The allowed area of a sign is to be determined on the basis of the lineal building frontage on which the sign is to be placed. On a corner property, only one side of the building may be considered to be the front.

Accessory signs. Each business location shall be allowed a maximum of two accessory signs, which may display the name of a product or service provided on the premises. Said accessory signs may be projecting signs, wall signs or freestanding signs; provided, however, that only one freestanding sign shall be allowed on each parcel of property. The sum of the areas of the accessory signs shall not exceed 1/3 of the maximum allowable area for the principal sign, and neither accessory sign shall exceed the principal sign in area.

Projecting signs.

The maximum area of a projecting sign shall be 12 square feet, and the area shall be independent of the frontage of the building to which it is attached.

The exterior edge of a projecting sign panel shall extend not more than five feet from the building face or 1/3 the width of the sidewalk over which it is placed, whichever is less.

No part of a projecting sign shall extend into vehicular traffic areas. Signs projecting over pedestrian traffic shall have a minimum clearance of seven feet eight inches.

No projecting sign shall have a vertical dimension greater than eight feet, and the top of said sign shall not extend more than 16 feet above the grade level.

Wall signs.

The maximum area of a wall sign shall be two square feet for each lineal foot of building frontage on which the sign is placed; provided, however, that no sign shall exceed 100 square feet in area.

A wall sign shall not extend beyond the ends or top of the wall to which it is attached and shall not extend more than 20 feet above grade level.

Freestanding signs.

The maximum area of the sign panel of a freestanding sign shall be 40 square feet and shall be independent of the frontage of the building for which it is an accessory.

The maximum height of a freestanding sign shall be 16 feet.

No part of a freestanding sign shall extend into vehicular traffic areas. Any part of a freestanding sign extending over pedestrian areas shall have a minimum clearance of seven feet eight inches.

A freestanding sign shall be placed in a front yard only and shall be located not closer than six feet to a building, and no part shall extend over a public street or sidewalk.

(11)

A business location which has no front yard directly on a public street shall be permitted one off-premises sign at a location as near as possible and practical to said business.

(12)

Portable signs. Each business location shall be allowed a maximum of two portable signs. They shall not be counted as accessory signs. The area of each portable sign shall not exceed eight square feet and shall not be illuminated. No portable sign may be placed on a public right-of-way or otherwise interfere with pedestrian or vehicular traffic. No permit is required for a portable sign.

(13)

Neon signs. Each business shall be allowed one neon sign per business. This sign shall be limited to the interior only. Neon signs will be no more than 432 square inches inclusive.

(14)

Banner signs. A banner sign wholly on private or public property shall be considered a temporary sign. A banner sign across a Village street shall be erected only after receiving a permit from the Village Clerk and shall conform to the requirements established by the Village Board.

Sign illumination.

No illumination shall be directed upon a sidewalk, street or public place or upon adjacent premises, which illumination will cause glare or reflections constituting a nuisance or traffic hazard.

Strings of lights not part of a sign shall not be used for advertising, outlining buildings or otherwise attracting attention.

Direct illumination shall be permitted by shielding linear light sources, floodlights and other light sources.

Lighting fixtures and wiring shall conform to the latest edition of the National Electrical Code and other applicable codes and regulations.

All wiring to freestanding signs shall be underground. No principal or accessory sign shall be illuminated later than one-hour past the closing time of the business or 9:00 p.m., whichever is later. This shall not apply to interior window signs.

Measuring signs. The area of a sign shall be calculated as the area of the smallest polygon or circle capable of enclosing the sign.

Nonconforming signs.

Any nonconforming sign which is portable in nature, e.g., a banner, portable sign, etc., shall be removed within 90 days of the effective date of this chapter.

Any sign which is prohibited in Subsection C of this chapter shall be removed within three years of the effective date of this chapter.

Any wall, projecting, freestanding or window sign which is nonconforming by virtue of area, height or other specifications shall not be enlarged or replaced with another nonconforming sign.

Maintenance.

A sign and any supports identifying or advertising a business no longer conducted or a product no longer sold on the premises shall be removed within six months from the date of disuse, unless the Code Enforcement Officer shall determine that such sign or portions thereof may be used by a new enterprise.

Unsafe or insecure signs shall be removed or repaired by the owner of the premises.

Any sign which threatens immediate danger to persons or property may be removed, without notice to the owner, by the Village Department of Public Works, which shall charge the cost of said removal to said property owner.

Appeals. In accordance with § 300-64 of the Zoning Code, the Board of Appeals may hear and decide on any appeals allowed and stated in § 300-64 as such may pertain to signs.

Sign permit.

Except as provided in Subsection F(1), (2) and (12), no sign is to be erected in a business or industrial district without a permit.

Application for a permit shall be made on the form provided, including a dimensioned sketch of the proposed sign and a dimensional plot plan and/or front elevation of the building to which the sign is to be an accessory.

The application, together with any supporting documents as may reasonably be required by the Code Enforcement Officer, is to be submitted along with an application fee as determined by the Village Trustees.

If a sign authorized by a permit is not completed and in place within six months of the date of issuance, the permit is null and void.

Construction and placement of a sign shall not deviate in a substantial manner from the plans approved for issuance of the permit.

A fee shall be charged for each permit. The amount of said fee is to be determined from time to time by the Board of Trustees by resolution.

§ 300-47 Temporary uses and structures.

Temporary permits may be issued by the Code Enforcement Officer for a period not exceeding one year for nonconforming uses incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed yearly upon application to the Code Enforcement Officer for an additional period of one year.

§ 300-48 Nonconforming uses, buildings and structures.

Continuation of nonconforming use. Except as provided in Subsections B and C of this section, any use of land or a building or structure or part thereof existing at the time that this chapter or any amendment hereto becomes effective may be continued, subject to the provisions of Subsections D, E and F of this section, although such building or structure or use does not conform to the provisions of the district in which it is situated.

Discontinuance of use. When a nonconforming use has been discontinued for a period of not less than one year, it shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.

Automobile wrecking and junkyards. Notwithstanding any other provision of this chapter, any nonconforming automobile wrecking yard or other junkyard in existence at the time of the adoption of this chapter or an amendment thereto shall be discontinued within three years from the date of such adoption or amendment.

Change of nonconforming use. No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.

Maintenance of a nonconforming use. A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alterations or extensions shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.

Any building or structure containing a nonconforming use or any structure consisting of a nonconforming use, which building or structure is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage, shall not be reoccupied, reused and/or reconstructed, except in conformity with the provisions of this chapter. In the event that the Code Enforcement Officer's estimate of the extent of damage or fair sales value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the extent of damage or fair sales value shall be determined by a board of three arbitrators, one of whom shall be named by the Planning Board, one by the applicant for the building permit and one by the first two arbitrators named. In the event that the first arbitrator cannot agree upon a third member within five days, the third arbitrator shall be named by the Village Board. A decision in which at least two of the arbitrators concur shall be deemed the official decision of this Board.

Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this chapter, except that in residential districts, if reconstructed, the property must not substantially exceed the original in size and shape and must be reconstructed so that the builder's plans will be completed within 12 months. In the event of dispute, the extent of damage or fair sales value shall be determined in the same manner as set forth in Subsection F above.

Any building or structure containing a nonconforming use or any structure constituting a nonconforming use, which building or structure is damaged by fire, flood, wind or other act of God or man to an extent of more than 25% but less than 50% of its fair value immediately prior to damage, shall not be repaired or reconstructed except in conformity with this chapter, unless such reconstruction is completed within 12 months of the damage. In the event of a dispute, the extent of damage or the fair sales value shall be determined in the manner as set forth in Subsection F above.

No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already under way at the time of the enactment or subsequent amendment of this chapter and is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter. Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Code Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Code Enforcement Officer, alteration or additions to such plans, except as may be in conformity with the terms of this chapter, shall not be permitted. Construction of buildings or structures under construction at the time of the enactment of this chapter, for which permits are not obtained as provided above, shall be stopped 30 days after the enactment of this chapter and thereafter be allowed to continue only in accordance with the terms of this chapter after the securing of a zoning permit as hereinafter provided.

The above limitations shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no building shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.

§ 300-49 Special building setback lines established.

On the streets and roads listed below, no building or part of a building, other than steps, eaves and similar fixtures, shall extend nearer to the center line of the street or road than the distance specified. And where a front yard is required under this chapter, the depth of the required front yard shall be measured from the setback from the center line specified below, instead of from the side line (property line) of the street or road. However, in no instance shall the above require placing a main building more than 10 feet back of the front main wall of an adjacent building already existing within 50 feet of and on the same side of the street with the building or part of the building or part of the building to be erected.

Street or Road	Setback from Center Line
(Reserved)

§ 300-50 Required off-street parking and automobile storage space.

[Amended 2-7-1977 by L.L. No. 3-1977; 5-15-1978 by L.L. No. 3-1978; 11-6-1978 by L.L. No. 9-1978; 8-16-2004 by L.L. No. 3-2004]

General provisions.

Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure; at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. No required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter.

If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use; nor shall any required parking space be substituted for an off-street loading and unloading space, nor any required loading and unloading space be substituted for a parking space.

The required parking space for any number of separate uses may be combined in one lot; but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.

No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property.

The parking spaces provided, along with their necessary driveways and passageways, shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Code Enforcement Officer at the time application for building permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be in an approved manner. Provision must be made for the adequate drainage of parking areas.

No commercial motor vehicle with a capacity of more than one ton shall be parked or stored overnight on the street in any residential district. A commercial vehicle with a load capacity of more than one ton may be parked in a Residential District AR, R-1, R-2, or R-3 for more than 10 days total in any calendar year only after granting by the Planning Board of a special use permit following procedures of § 300-38 of this chapter; provided however that § 300-38G(4) shall not apply and that a special use permit granted pursuant to this article shall not remain with the land but shall cease when the title is transferred.

Where a parking lot abuts a public right-of-way, there shall be a fixed curb-height barrier separating the lot from the right-of-way and of sufficient depth to prevent any part of a vehicle from protruding into said right-of-way.

Specific requirements. Required off-street parking and automobile storage space shall be as follows:

Amusement facilities: one parking space for every five customers computed on the basis of maximum servicing capacity at any one time, plus one additional space for every two persons regularly employed on the premises.

Auditoriums: one parking space for every five seats occupied at maximum capacity.

Bowling alleys: as in Subsection B(1).

Churches: as in Subsection B(2).

Civic centers: parking or storage space for all vehicles used directly in the operation of such establishment, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area.

Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and other similar organizations: one parking space for every 50 square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building, plus one additional space for every two persons regularly employed on the premises.

Colleges (educational institutions): one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such institution, plus five additional spaces for each classroom.

Dental clinics: three parking spaces for each doctor or dentist, plus one additional space for every two regular employees.

Dormitories: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements as set forth in Subsection B(7).

Dwellings, multiple-family (three or more apartments): 1 1/2 parking spaces per unit.

(11)

Eating establishments: one parking space for every 100 square feet of total floor area.

(12)

Electrical shops: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each two persons regularly employed on the premises.

(13)

Fraternity houses: as in Subsection B(10).

(14)

Freight terminals: parking or storage space for all vehicles used directly in the business, plus one parking space for each two persons regularly employed on the premises.

(15)

Funeral homes: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for every two persons regularly employed on the premises and one space for every six seats in the auditorium or chapel of such establishment. If the establishment does not have a chapel or auditorium, the additional parking to be required for funeral visitors shall be determined by the Board of Appeals based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors.

(16)

Hospitals: one parking space for every two beds intended for patients, excluding bassinets.

(17)

Hotels: one parking space for each sleeping room offered for tourist accommodation plus one space for each dwelling unit on the premises and one additional space for every two persons regularly employed on the premises.

(18)

Indoor retail businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area.

(19)

Industrial plants and facilities: parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every three employees on the premises at the maximum employment on a single shift.

(20)

Junior high schools secondary: one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom.

(21)

Libraries: as in Subsection B(5).

(22)

Medical clinics: as in Subsection B(18).

(23)

Mobile home parks: as required by § 300-44.

(24)

Motels: as in § 300-42.

(25)

Museums: as in Subsection B(5).

(26)

Nursing homes: one parking space for every two beds, computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements for hospitals set forth in Subsection B(16).

(27)

Offices: one parking space for every 200 square feet of office space.

(28)

Outdoor retail businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for every two persons employed on the premises on maximum seasonal employment and such additional space as may be required by the Board of Appeals based on the nature of the business and other related relevant factors.

(29)

Plumbing shops: as in Subsection B(12).

(30)

Post offices: as in Subsection B(5).

(31)

Private schools: one parking space for each person regularly employed at such school, plus one additional space for each classroom.

(32)

Public assemblies: as in Subsection B(2).

(33)

Public elementary schools: as in Subsection B(31).

(34)

Public garages: indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus three parking spaces for each person regularly employed on the premises.

(35)

Recreational centers and facilities: as in Subsection B(1).

(36)

Repair shops: as in Subsection B(12).

(37)

Residences (up to and including two-family): two parking spaces for each dwelling unit.

(38)

Restaurants: as in Subsection B(11).

(39)

Roofing shops: as in Subsection B(12).

(40)

Self-service laundries and dry-cleaning self-service plants: one parking space for every two washing machines and/or two dry-cleaning machines.

(41)

Senior high schools (secondary): as in Subsection B(20).

(42)

Service establishments: as in Subsection B(12).

(43)

Service stations, convenience store: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each gas pump, three spaces for each grease rack and one space for every two persons employed on the premises at maximum employment on a single shift.

(44)

Skating rinks: as in Subsection B(1).

(45)

Sorority houses: as in Subsection B(9).

(46)

Stadiums: as in Subsection B(2).

(47)

Supermarkets: Parking space must be provided for employees and, in addition, one parking space for every 275 square feet of floor area.

(48)

Swimming pools: as in Subsection B(1).

(49)

Taverns: as in Subsection B(11)

(50)

Theaters: as in Subsection B(2).

(51)

Transportation terminals: one parking space for every 100 square feet of waiting room space, plus one additional space for every two persons regularly employed on the premises.

(52)

Trucking terminals: as in Subsection B(14).

(53)

Undertaking establishments: as in Subsection B(15).

(54)

Universities: as in Subsection B(7).

(55)

Warehouses: as in Subsection B(14).

(56)

Wholesale businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for each two persons employed on the premises, based on maximum seasonal employment.

§ 300-51 Required off-street parking for commercial vehicles while loading and unloading.

General provisions. On the same premises with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley, or if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property.

Specific requirements. Off-street loading and unloading space shall be provided as set forth below at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity.

Freight terminals: one off-street loading and unloading space, at least 12 feet by 55 feet and 14 feet high, for every 5,000 square feet of total floor area.

Hotels: off-street loading and unloading space at least 12 feet by 35 feet and 14 feet high.

Hospitals: as in Subsection B(2).

Indoor markets: one off-street loading and unloading space, at least 12 feet by 35 feet and 14 feet high, for every 7,500 square feet or less of total floor area.

Industrial plants: one off-street loading and unloading space at least 12 feet by 55 feet and 14 feet high, for every 10,000 square feet of total floor area, or as required by the Board of Appeals.

Retail businesses: as in Subsection B(2).

Service establishments: as in Subsection B(2).

Trucking terminals: as in Subsection B(1).

Warehouses: as in Subsection B(4).

Wholesale storage facilities: as in Subsection B(4).

§ 300-52 Frontage on public street or road.

[Amended 8-16-2004 by L.L. No. 3-2004]

No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.

No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.

No building in the rear of a main building on the same lot may be used for residential purposes, except under special use permit.

§ 300-53 Reductions in lot area prohibited.

No lot, although it may consist of one or more adjacent lots of record, shall be reduced in area to the extent that yards, lot area per family, lot width, building area or other requirements of this chapter are not maintained. This subsection shall not apply when a portion of a lot is required for a public purpose.

No space applied or necessary under this chapter to satisfy the yard or other open space requirements in relation to any building or area, whether now or subsequently built or occupied, shall be counted as part of a required open space in relation to any other building.

§ 300-54 Obstruction of vision.

In all districts, on a corner lot, within the triangular area formed by the center lines of streets from the intersection as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street on the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.

	Sight Distance for Various Street Widths
	Street Right-of-Way (feet)	Distance from Intersection (feet)
	50 or more	90
	40 to 49	80
	30 to 39	70

Except as provided in Subsection A above, the requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, except that in any residential district no fence or wall shall exceed six feet in height.

§ 300-55 Quarries; sand and gravel pits; topsoil removal, excavating, grading or filling.

Commercial rock and stone crushing, and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts.

Major excavating, grading or filling, as defined herein, shall not be permitted in any district except with the approval of the Planning Board.

§ 300-56 Drive-in businesses.

Plans for the erection or structural alteration of drive-in business establishments, as herein defined, shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety to minimize traffic hazards or difficulties and to safeguard adjacent properties.

§ 300-57 Storage of flammable liquids.

[Amended 8-16-2004 by L.L. No. 3-2004]

Storage of flammable liquids shall be in accordance with Department of Environmental Conservation (DEC) regulations.[1]

Editor's Note: Former § 50-60, Cesspools and septic tanks, was repealed 8-16-2004 by L.L. No. 3-2004.

§ 300-58 Supplementary regulations for private swimming pools as an accessory use.

[Amended 8-16-2004 by L.L. No. 3-2004]

A private swimming pool installed or maintained as an accessory use in a residential district shall be used only as an accessory use to a dwelling or to a special permit use in a residence district for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.

§ 300-59 Fairs, carnivals and circuses.

[Amended 8-16-2004 by L.L. No. 3-2004]

On the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit is required from the Board of Trustees for a fair, carnival or circus. The application and permit shall specify the dates, time of day, signage, lighting and other provisions for the event.

§ 300-60 Supplementary regulations relating to dwellings.

[Amended 8-16-2004 by L.L. No. 3-2004]

Minimum floor area. No single-family dwelling shall henceforth be constructed, nor shall any existing single-family dwelling be reduced in area, so as to contain less than 800 square feet of floor area usable for living purposes and 300 square feet of floor area usable for storage. No dwelling unit in a two-family or multiple-family dwelling shall henceforth be constructed, nor shall an existing dwelling unit in such building be reduced in area, so as to contain less than 600 square feet of floor area usable for living purposes and 100 square feet of floor area usable for storage purposes.

Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.

Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor.

Slope of yards. No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered, so as to contain dwelling units, unless the surface grade of the front yard at the front wall of such building is more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade of the front at the front wall of the dwelling shall not be less than one foot above the center line of the street, measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Code Enforcement Officer may accept a substitute gradient, provided that no minus gradient is established within 15 feet of the front wall or within six feet of either side of the rear wall of the dwelling.[1]