A.
The following parking spaces shall be provided and maintained on
the same lot for each structure hereafter erected, enlarged or altered
for any of the following uses:
|
Use
|
Number of Parking Spaces
|
|---|---|
|
Residential
|
2 for each dwelling unit
|
|
Place of worship, theater, and other places of public assembly
|
1 for each 4 seats at maximum capacity
|
|
Hotel and boardinghouse
|
1 for each guest room
|
|
Restaurant and tavern
|
1 for each 100 square feet of gross floor area
|
|
Office
|
1 for each 100 square feet of gross floor area
|
|
Store
|
1 for each 100 square feet of gross floor area
|
|
Institution, hospital and nursing home
|
1 for each 3 beds
|
|
Industrial or manufacturing
|
1 for each 400 square feet of manufacturing gross floor area
|
|
Warehouse
|
1 for each employee
|
|
Other commercial enterprise
|
1 for each 300 square feet of gross floor area
|
B.
The Zoning Board of Appeals may approve by special use permit the
off-site location of all or part of the above spaces upon finding
that such spaces are unavailable on the same lot. Off-site parking
must be located within 500 feet of the use, and the spaces must be
permanent, off-street and accessible.
The following regulations shall apply to all signs:
A.
No sign shall be allowed in the road right-of-way.
B.
No signs in any district, unless attached to a building, shall be
located less than 20 feet from a property line.
C.
No sign attached to a building shall project above the height of
the wall upon which it is attached. No sign shall be placed upon the
roof of a building. No freestanding sign shall be higher than 25 feet
above grade.
D.
No illuminated sign shall interfere with the vision of persons on
the highway, nor be unreasonably detrimental to an adjoining neighboring
use(s). All effort shall be made to be night sky compliant.
E.
Electronic, video or digital message portions of signs may be permitted
in the H, B and I Districts. The sign shall not exceed 15 square feet.
Flashing of messages or images is prohibited. Automatic dimming capability
that adjusts the brightness of the sign to the ambient light at all
times of the day and night is required.
F.
An application for special use permit approval must be made to the
Zoning Board of Appeals for all signs in excess of 15 square feet,
which shall be regarded as structures within the meaning of this chapter.
G.
Not more than two advertising signs, which may be illuminated on
one or two faces for the identification of the business or industry,
are permitted on the premises. Such freestanding signs shall not have
an area greater than 15 square feet. Such signs attached to the building
may not have an area greater than 12% of the street facade of the
principal building. Advertising signs shall be limited to the Hamlet,
Business, Industrial and CPD Districts, except that signs advertising
home occupations up to two feet by two feet are allowed in any district
in which home occupation use is authorized.
H.
No more than two directional signs per business shall be allowed,
except in the H District, and directional signs may not have a greater
area than two square feet. Permission from the property owner must
be granted.
I.
In the AG, R-1, RPC and RM Districts, no sign shall be erected or
used except:
(1)
A single sign may be allowed for the identification of the principal
buildings and uses on the premises, or for the sale of agricultural
products grown on premises. Such signs shall not exceed 10 square
feet in area. This sign may be illuminated in one or two faces, except
in R-1 and RPC Districts.
(2)
Governmental, traffic, legal and public signs, and flags, plaques
and emblems of political, civic, philanthropic, educational or religious
organizations or institutions.
(3)
Temporary real estate and construction signs.
A.
Within the districts established by this chapter there exist lots,
structures and uses of land which were lawful before the Town of LaFayette's
zoning ordinance was originally adopted or amended but which would
be prohibited, regulated or restricted under the terms of this chapter
or further amendment. It is the intent of this section to permit these
nonconformities to continue until they are removed or abandoned, but
not to encourage their survival to the extent practicable. It is further
the intent of the Town that nonconforming uses shall not be enlarged
upon, expanded, extended nor that they be used as grounds for adding
other structures or uses prohibited elsewhere in the same district.
B.
Except as otherwise provided herein, legal nonconforming uses and
structures may continue to exist and may be maintained and repaired.
A nonconforming structure that is declared unsafe by a proper official
of the Town may be strengthened or restored to a safe condition. Such
repair and/or restoration must be completed within one year of the
date the damage was sustained or sooner if required in writing by
the Code Enforcement Officer. Failure to do so shall be considered
an abandonment. This period may be extended for up to one additional
year upon application to the Zoning Board of Appeals for good cause
shown.
C.
Nonconforming uses are hereby declared to be incompatible with permitted
uses in the districts involved. A nonconforming use may be expanded
into any portion of a building that existed as of the date of the
provision of this chapter which would otherwise prohibit such use.
In all other cases, a nonconforming use of a structure or land shall
not be extended or enlarged nor shall the existence of a legal nonconforming
use serve as grounds for adding structures or uses otherwise prohibited
in the same zoning district.
D.
A nonconforming structure or building may not be extended or enlarged
unless the owner thereof shall first apply to the Zoning Board of
Appeals and receive a special use permit authorizing such extension
or enlargement. In granting such a permit, the Board of Appeals must
find that such proposed extension or enlargement will not be detrimental
to the neighborhood.
E.
A nonconforming lot shall not be further reduced in size.
F.
No nonconforming use, or part thereof, if wholly or partially changed
to a conforming use, shall thereafter be changed back to a nonconforming
use.
G.
In any district, whenever a nonconforming use of land or structure
on any part or portion thereof has been discontinued for a period
of one year, such nonconforming use shall not thereafter be reestablished,
and all future uses shall be in conformity with the provisions of
this chapter as it may be amended. If abandonment is physically demonstrated
by the removal of buildings, structures, machinery, equipment and
other evidence of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate, regardless of the period of time, unless authorized
by the Zoning Board of Appeals.
When a property has buildings on the adjoining properties that
have nonconforming front yard setbacks, the proposed building may
be erected with the same setbacks as the adjoining buildings, but
not less than 20 feet from the property line.
Each corner lot will have two front yards. The setbacks for
these two yards will be the smaller of the district's front yard setback
or the front yard setback of the adjoining property. These yards shall
be unoccupied except for fences and landscaping less than three feet
high.
Except upon special use permit of the Zoning Board of Appeals,
no person shall strip, excavate or remove the topsoil or fill for
sale or for use other than on the premises from which the same shall
be taken, and no excavation shall result in a slope of more than one
foot vertical to two feet horizontal, unless through proper use of
retaining walls and fencing equivalent safety to person and property
can be obtained, and no such excavation shall be permitted to cause
erosion gullies and soil loss.
