In addition to all other requirements set forth in this chapter, the following supplementary regulations shall apply, except as herein specified, in all zoning districts created by this chapter and all amendments hereto.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition and a zoning permit shall not be issued therefor unless the following performance requirements are observed to the satisfaction of and approved in writing by the Town Planning Board:
A. 
Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and suppression equipment and by such other safety devices as are normally used in the handling of such materials.
B. 
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance at any point where it may adversely affect other land uses within the Town.
C. 
Noise. Noise which is objectionable as determined by the Planning Board shall be muffled or otherwise controlled except that air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
D. 
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining property.
E. 
Smoke. Smoke shall not be permitted for longer than eight minutes in any hour which is of shade equal to or darker than No. 3 on the Standard Ringelmann Chart as issued by the US Bureau of Mines.
F. 
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining property.
G. 
Air Pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause excessive soiling.
H. 
Glare. No direct or reflected glare shall be permitted which is visible from any property outside an Industrial District or from any public thoroughfare.
I. 
Erosion. No erosion by either wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
J. 
Water pollution. No pollution of water by chemicals or other substances shall be permitted which is unhealthful to animal or plant life as determined by the Cattaraugus County Health Department.
With the exception of public road and highway signs, no sign or billboard shall be permitted in any district except as hereinafter provided.
A. 
Real estate signs not exceeding 12 square feet in area and advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property.
B. 
Announcement or professional signs for legitimate home occupations and professional activities and name of resident signs not exceeding more than six feet in area shall be permitted in any district where such activities are permitted.
C. 
Bulletin boards and signs for a church, school, community or other public or semipublic institutional building shall be permitted provided that the area of such sign does not exceed 15 square feet in area and such signs are set back a minimum of 15 feet from the established right-of-way line.
D. 
Temporary signs not exceeding 50 square feet, announcing the erection of a building, the architect, builders, etc., may be erected for the period of 60 days plus the construction period; provided, however, the same shall be removed from the premises upon the completion of the building.
E. 
In a Business District, each business shall be permitted to erect one flat or wall sign for the purpose of permanent advertising. The area of such sign for any single business enterprise shall be limited according to the frontage width of the building or the frontage width of the part of the building occupied by such enterprise. In computing the maximum size, each business enterprise may have a permanent sign of an area equivalent to 1 1/2 square feet of sign area for each linear foot of frontage width occupied, but in no case shall exceed a maximum area of 100 square feet. A freestanding pole sign of symbolical design not over 30 feet in height and not in excess of 40 square feet in sign area may also be permitted each business providing that:
(1) 
No part of such sign shall project into or over any public right-of-way.
(2) 
The pole support of such sign shall not be less than 40 feet from any lot in any residential district.
F. 
In an Industrial District, a sign or billboard may be erected which pertains to the specific use of the property upon which it is erected. The area of such sign shall not exceed more than 100 square feet in area, except that the Zoning Board of Appeals may approve signs of up to 200 square feet in area provided that they be at least 35 feet from any street line and 50 feet from any other lot line.
G. 
Except as provided above, signs and outdoor advertising structures, where permitted, shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district. Further, no outdoor advertising sign or structure shall be located within 500 feet of another such sign or structure.
In all districts in connection with every residential, commercial, industrial, institutional or other use, there shall be provided at any time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
A. 
Each off-street parking space shall have an area of not less than 160 square feet exclusive of access drives or aisles, and shall be of usable shape and surface.
B. 
There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a private or public access drive, an access drive of not less than eight feet in width in the case of a dwelling and not less than 18 feet width in all other cases leading to the parking area shall be required.
C. 
The number of off-street parking spaces to be provided shall not be less than the following:
Use
Parking Spaces Required
Residential
1 per dwelling room
Rental units, motels an hotels
1 per rental room or unit
Church or school
1 for each 8 seats in principal gathering room
Restaurant
1 or every 4 seats
Golf course
6 for each hole
Private club or lodge
1 for each 10 members
Country club
1 for each 5 members
Theater
1 for every 4 seats
Offices, clinics, wholesale establishments and business services
1 for every 300 square feet of floor space
Retail store or personal service establishment
1 for each 100 square feet of floor space
Industrial uses
1 for each 2 employees on the maximum working shift
Hospital
1 for every 3 and 1 for each
2 employees on the maximum working shift
Sanitarium or convalescent home
1 for every 3 beds and 1 for each 2 employees on the maximum working shift
Dance hall, assembly or exhibition hall, nightclub cafe or similar recreation establishment
1 for each 100 square feet of floor area
Bowling alley
5 for each alley
Mortuary or funeral home
1 for each 75 square feet of floor area
Public swimming pool
1 for each 40 square feet of pool area
D. 
Every building having a gross floor area of 10,000 square feet or more, requiring the loading or unloading of trucks, shall provide and maintain at least one off-street loading space plus one additional space for each additional 100,000 square feet of gross floor area or fraction thereof. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height.
A. 
The dumping of garbage or rubbish shall only be permitted in locations and under conditions approved by the Town Board and the Cattaraugus County Department of Health. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink, and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of New York State and Cattaraugus County Department of Health. Careful consideration shall be given to the location and construction of private water supplies to assure adequate protection of such supplies.
B. 
No person shall deposit, throw or scatter, or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, rubbish, sticks, stones, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, or any other kind of rubbish or waste material, upon any vacant or improved parcel of land within the Town of Dayton.
[Added 8-14-1984 by L.L. No. 1-1984]
Without a special permit from the Board of Appeals, no person shall strip, excavate or otherwise remove topsoil for sale or use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereto.
Temporary buildings or trailers, other than buildings or trailers for living purposes, to be used in connection with construction work only, may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon the completion of such work. Permits for temporary, nonresidential buildings shall be used for a one-year period and must be renewed for continued use.
A. 
Mobile homes. No mobile home, trailer or other habitable vehicle shall be permitted to locate in the Town in any district as specified under § 180-17 of this chapter except under the following conditions:
(1) 
When used as permanent residence, said mobile home shall contain no less than 400 square feet and shall include a flush toilet and a bath or shower.
(2) 
When not located in a bona fide mobile home court, any mobile home shall be located no closer than 50 feet to any road right-of-way line and no less than 25 feet from any side or rear lot line.
[Amended 12-12-1997 by L.L. No. 1-1997]
(3) 
Whenever a mobile home shall not be located in a bona fide mobile home court, the minimum lot size required for a single-family home in § 180-18 shall be applicable. Section 180-18 states a minimum lot size of one acre. Minimum square footage of living space shall be 840 square feet.
[Amended 12-12-1997 by L.L. No. 1-1997]
(4) 
Mobile home must be placed on permanent foundation with footers being at frost line or lower. Wheels and tongue must be removed. Recommended tie downs must be secured. Skirting may be cement blocks, manufactured variety, etc., with the finished appearance being neat and approved by the Dayton Codes Enforcement Officer.
[Amended 12-12-1997 by L.L. No. 1-1997]
(5) 
Certificate of occupancy shall be granted before dwelling is inhabited.
[Added 12-12-1997 by L.L. No. 1-1997]
B. 
Mobile home courts. Where permitted in § 180-17 of this chapter, a mobile home court shall conform to the following requirements:
(1) 
Shall contain a minimum of 10 acres.
(2) 
Shall be located on a well-drained site properly graded to insure rapid drainage.
(3) 
Mobile home spaces shall be provided consisting of a minimum of 4,000 square feet for each space with a minimum of 30 feet in width, clearly defined, for each space.
(4) 
There shall be at least a twenty-foot clearance between individual mobile homes and between mobile homes and any permanent structure on the court.
(5) 
All mobile homes shall abut upon a driveway of not less than 18 feet in width which shall have unobstructed access to a public street or highway.
(6) 
No mobile home shall be located closer than 40 feet to any property line or street right-of-way line.
(7) 
An adequate and tested supply of pure water for drinking and domestic purposes shall be supplied to all mobile home spaces within the court.
(8) 
A combined sewage treatment and disposal system shall be provided as recommended and approved by the Cattaraugus County Health Department.
(9) 
Adequate garbage disposal facilities, as approved by the Cattaraugus County Health Department, shall be provided.
(10) 
Every court shall have a fire protection plan approved by the Fire Department having local jurisdiction.
(11) 
Every court operator shall keep a complete register of occupants which shall be available for inspection at all times by law enforcement and health officials.
(12) 
Every court shall have dual entrances (exits).
(13) 
Every court shall allot at least 5% of space for recreational or communal purposes.
On corner lots, no fence, wall, hedge or other structure or planting interfering with visibility from motor vehicles shall be erected, placed, maintained, continued or permitted within the triangular area formed by the intersecting street lines on such lots and a line drawn between two points 30 feet distant from the intersection, measured along said street lines.
Where sewage disposal shall be required for any building, structure or other use, no building permit shall be issued except upon approval of plans for such facilities by the Cattaraugus County Health Department.
Where permitted in § 180-17 of this chapter as a special use with Zoning Board of Appeals approval, all automobile graveyards and junkyards shall conform to the following requirements:
A. 
The permittee must personally manage or be responsible for the management of the activity or business for which the permit is granted.
B. 
The permittee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the fire hazard therefrom and to prevent improper trespass thereon by children and others.
C. 
The permittee must erect and maintain in good condition a solid six-foot fence of wood or of other acceptable material, adequate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the materials dealt in by the permittee and if such area abuts a residential area or public street or highway, such fence shall be at least 50 feet from the boundary line or right-of-way thereof. All the materials dealt in by the permittee shall be kept within such fence at all times.
D. 
When the area is not supervised by the permittee or his employees, the fence shall be locked at a secure gate in a secure manner.
E. 
The area of the permittee's activity or business shall not be used a dump area or as a place for the burning and disposal of junk or trash.
F. 
The Town Police, the Town Clerk, or the Town Board or any of its representatives shall be granted access to the area of the activity or business of the permittee at all reasonable hours to inspect the same for compliance herewith.
G. 
No person shall keep or maintain more than one junkyard at a single location by virtue of one permit.
H. 
Open fires may be prohibited at the discretion of the Town Board and unattended fires shall not be permitted on any premises covered under this provision of this Zoning Chapter.
I. 
The autos, parts and materials dealt in by the permittee shall be disassembled or dismantled by means other than by burning. They shall be piled or arranged in neat rows as to permit easy, clear passage through the area.
J. 
There shall be maintained at each such place activity or business for which a permit is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
[Amended 10-21-1983 by L.L. No. 2-1983]
A. 
General standards.
(1) 
All new construction and substantial improvements (including mobile homes) shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(3) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(4) 
Service facilities. Any public facility including electrical and heating shall be constructed at or above the regulatory flood protection elevation for the particular area or floodproofed.
(5) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
(7) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(8) 
Review subdivision proposals and other proposed new development to determine whether such proposal will be reasonably safe from flooding.[1]
(a) 
Subdivision should be reviewed to assure that:
[1] 
All such proposals are consistent with the need to minimize flood damage.
[2] 
All public utilities and facilities such as gas, sewer, electrical and water systems are located and constructed to minimize or eliminate flood damage.
[3] 
Adequate drainage shall be provided to reduce exposure to flood hazards.
(b) 
All subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, shall require base flood elevation data.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Specific standards.
(1) 
(For municipalities which have zones lacking FIA base flood elevation data.) Within A Zones, in the absence of Federal Insurance Administration base flood elevation data, other available data must be considered as basis for elevating residential structures to or above the base flood level, and floodproofing or elevating nonresidential structures to or above the base flood level must be considered for the purpose of determination of applicable flood insurance risk premium rate with such A Zones.
(2) 
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
(3) 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shell be provided to the official.
(4) 
Mobile homes.
(a) 
No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision.
(b) 
All mobile homes shall be anchored to resist flotation and collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
[1] 
Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side;
[2] 
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and mobile homes less then 50 feet long requiring four additional ties per side.
[3] 
All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
[4] 
Any additions to the mobile home be similarly anchored.
(c) 
For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals 50% of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision, require:
[1] 
Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;
[2] 
Adequate surface drainage and access for a hauler are provided; and
[3] 
In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
C. 
The following regulations shall apply in all areas designated as F-1 Districts:
(1) 
No permanent structures shall be permitted in the F-1 District.
(2) 
Encroachments, including fill, new construction, substantial improvements and other developments, unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge, are prohibited.
D. 
Flood control facilities. With the construction of flood control facilities approved by the Town Planning Board and the New York State Conservation Department, permits may be granted in the F-1 District for the same uses that are permitted in the non-floodway district nearest it on the Zoning Map.
E. 
Standards for areas of shallow flooding (AO Zones) (for municipalities which have a shallow flood zone). Located within the areas of special flood hazard established in Subsection B are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore the following provisions apply:
(1) 
All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM.
(2) 
All new construction and substantial improvements of nonresidential structures shall:
(a) 
Have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM; or
(b) 
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.