No use shall be permitted that does not conform
to the following standards of use, occupancy and operation, which
are hereby established as the minimum standards to be maintained:
A.Â
Noise. Noise from a use or activity on a site as measured
at the boundaries of the lot where such use is situated shall not
exceed in intensity, occurrences and duration the noise of street
traffic at adjoining streets according to the hour of the day and
the day of the week.
B.Â
Atmospheric effluence. No dust, dirt, smoke, odor
or noxious gases shall be disseminated beyond the boundaries of the
lot on which such use is situated.
C.Â
Glare and heat. No glare or heat shall be produced
from any use that is perceptible beyond the boundaries of the lot
on which such use is situated.
D.Â
Industrial wastes. No solid or liquid wastes shall
be discharged into any public sewer, private sewage disposal system
or stream or on or into the ground, except in accordance with the
standards approved by the Town and the New York State Department of
Environmental Conservation, the Federal Environmental Protection Agency
or similarly empowered agency.
E.Â
Fire and explosion hazards. All activities involving,
and all storage of, inflammable and explosive materials shall be provided
with state of the art safety devices against the hazard of fire and
explosion and state of the art fire-fighting and fire-suppression
equipment and devices. Burning of waste materials in open fires is
prohibited. The relevant provisions of federal, state and local laws
shall also apply.
F.Â
Radioactivity and electromagnetic disturbance. No
activities shall be permitted which emit either dangerous radioactivity
beyond the structure in which such activity is situated or electrical
disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance. If federal and/or state
licenses are required, the absence of a valid license is sufficient
grounds for the Building and Code Enforcement Officer to revoke the
certificate of occupancy.
A.Â
Permitted accessory parking.
[Amended 3-3-2014 by L.L. No. 3-2014]
(1)Â
There is no limitation on the number of agricultural vehicles permitted
accessory to farm use.
(2)Â
The storage of not more than one camping trailer or recreational
vehicle and not more than one boat is permitted, provided that no
such trailer, recreational vehicle or boat is stored within a required
front yard setback.
B.Â
Permitted accessory loading facilities. Accessory
on-street loading facilities are not permitted. Off-street loading
facilities are permitted accessory to any use except residential,
according to the Schedule of Off-Street Truck Loading Space Facilities
Requirements and subject to the following conditions:
(1)Â
All such facilities shall be on the same lot as the
use to which they are accessory. However, such facilities may be designed
to serve two or more establishments on the same lot.
(2)Â
Such facilities shall not be located in a required
front yard or in a side yard adjacent to a residential district.
(3)Â
Unobstructed access at least 12 feet wide shall be
provided between any loading facility and a street.
(4)Â
No access for any such facility shall be located within
50 feet of any street intersection.
(5)Â
All such facilities shall conform to the minimum required setbacks for the district in which they are situated, and they shall be screened from view from any residential district. All screening shall be in accordance with the standards and requirements contained in § 185-21.
[Amended 3-5-2007 by L.L. No. 1-2007]
(6)Â
Every building or structure or lot used for nonresidential
purposes shall be provided with off-street truck loading spaces in
accordance with the following schedule:
Schedule of Off-Street Truck Loading Space
Facilities Requirements
| ||
---|---|---|
Floor Area
(square feet)
|
Number of Spaces
| |
Under 25,000
|
1
| |
25,000 to 39,999
|
2
| |
40,000 or more
|
1 additional space for each 40,000 square feet
in addition to the first 40,000 square feet
|
C.Â
Minimum required off-street parking spaces.
(1)Â
Accessory off-street parking spaces, either outdoors
or enclosed, shall be provided according to the Schedule of Off-Street
Parking Space Requirements for Residential or Nonresidential Uses.
A variation of these requirements may be necessary for the applicant
to comply with this section. To assist the applicant and the Planning
Board in determining parking requirements not covered by the schedule,
the standards cited in the most recent edition of the Institute of
Traffic Engineers' publication Parking Generation (see Chart 1 included
at the end of this chapter) and the completion of the applicable portions
by the applicant of Chart 3[1] may be necessary.
(a)Â
Off-street parking for residential uses.
Schedule of Off-Street Parking Space Requirements
for Residential Uses
| ||
---|---|---|
Use
|
Number Of Spaces
| |
Single-family and 2-family dwelling unit
|
2 per dwelling unit
| |
Multiple dwelling
|
2 per dwelling unit
| |
Residential membership club or fraternity
|
1 per residence unit plus 1 per each 2 employees
on the premises at 1 time
| |
Senior assisted-care facility
[Added 9-23-1998 by L.L. No. 10-1998] |
1 per employee on the premises at any one time,
plus 1 per 2 to 4 dwelling units or partial units (with or without
kitchen), depending on the precise nature of the facility
|
(b)Â
Off-street parking for nonresidential uses.
[Amended 9-23-1998 by L.L. No. 10-1998; 1-23-2023 by L.L. No. 1-2023]
Schedule of Off-Street Parking Space Requirements
for Nonresidential Uses
| |
---|---|
Use
|
Number of Spaces
|
Animal hospital
|
1 per 200 square feet of floor area
|
Auditorium, church, convention hall, stadium,
theater, studio or other place of public assembly not otherwise classified
|
1 per 3 permanent seats or 1 per each 40 square
feet of seating area where fixed seating is not provided
|
Bank or savings and loan association
|
See "office"
|
Bowling alley
|
3 per alley
|
Cannabis distribution facility
|
2 per 3 employees on the premises at any 1 period of time, with
a minimum of 2 spaces or as required by the Planning Board
|
Cannabis medical dispensary
|
1 per 150 square feet of gross leasable floor area or as required
by the Planning Board
|
Cannabis microbusiness facility
|
2 per 3 employees or as required by the Planning Board for premises
demonstrating greater or lesser parking space needs in the judgment
of the Planning Board or as required by the Planning Board
|
Cannabis on-site consumption premises
|
1 per 4 seats, or per 40 square feet of seating area or as required
by the Planning Board for premises demonstrating greater parking space
needs in the judgment of the Planning Board or as required by the
Planning Board
|
Cannabis processing facility
|
2 per 3 employees on the premises at any 1 period of time, with
a minimum of 2 spaces or as required by the Planning Board
|
Cannabis retail dispensary
|
1 per 150 square feet of gross leasable floor area or as required
by the Planning Board
|
Drive-in facility or outdoor sales lot
|
1 per each 600 square feet of lot area devoted
to outdoor sales or display. Drive-in facilities will be dealt with
in terms of parking requirements based on their basic use, plus the
additional spaces for the drive-up window(s)
|
Funeral home
|
1 per 40 square feet of public room floor area
|
Furniture and heavy appliance store
|
1 per 500 square feet of gross leasable floor
area
|
Gasoline station, parking garage or repair garage
|
Sufficient parking spaces for all vehicles stored
or being serviced at any 1 period of time plus a minimum of 5 additional
spaces
|
Home occupation or home professional office
|
2 per 150 square feet of area given over to
this component of the land use plus 1 for each additional 150 square
feet or fraction thereof, but in no case fewer than 2 spaces
|
Hospital
|
1Â 1/4 per bed plus 1 per each 2 employees
on the premises at any 1 period of time
|
Hotel or motel
|
1 per guest bedroom plus 1 per each 2 employees
on the premises at any 1 period of time
|
Manufacturing or industrial establishment, research
institute or laboratory
|
Parking area reservation equivalent to the total
ground coverage of the building, with a minimum of 2 improved spaces
per 3 employees on the premises at any 1 period of time, with a minimum
of 2 spaces
|
Nursing home
|
1 per each 3 beds plus 1 per each 2 employees
on the premises at any 1 time
|
Office or office building
|
1 per 200 square feet of floor area for the
first 20,000 square feet of floor area, and then 1 per 300 square
feet of any additional floor area
|
Public or semipublic art gallery, library or
museum
|
See "auditorium" etc.
|
Restaurant, club, eating or drinking place,
including fast-food and drive-thru facilities
|
1 per 4 seats, or per 40 square feet of seating
area or as required by the Planning Board for restaurants demonstrating
greater parking space needs in the judgment of the Planning Board
|
Retail store, shopping center and personal service
store
|
1 per 150 square feet of gross leasable floor
space
|
Retail store in excess of 25,000 square feet
of gross leasable floor area
|
1 per 200 square feet of gross leasable floor
area
|
School
|
1 per employee plus 1 per each 8 students in
the 12th grade or above or the parking requirement for the auditorium
or gymnasium component of the use, whichever is the greater
|
Shop for custom work
|
1 per 250 square feet of floor area
|
Shopping center in excess of 25,000 square feet
of gross leasable floor area
|
1 per 225 square feet of gross leasable floor
area
|
Trucking station
|
Sufficient parking spaces for all trucks stored
or being serviced at any period of time plus 2 per 3 employees on
duty or on the premises at any 1 time
|
Wholesale establishment or warehouse
|
See "manufacturing or industrial establishment"
|
(c)Â
Development characteristics. The development
characteristics shall be as set forth in Chart 2, included at the
end of this chapter.
[Amended 11-6-1995 by L.L. No. 7-1995]
[1]
Editor's Note: Chart 3 is included at the end of this chapter.
(2)Â
The Planning Board's determination of the minimum
required number of parking spaces for any use shall include all spaces
required by state law to serve handicapped persons.
(3)Â
For the purpose of determining the parking requirements
for structures, any land developed as a unit, under single ownership
and control, shall be considered a single lot.
(4)Â
In addition to the minimum required number of off-street
parking spaces, the Planning Board may require a reserve area of up
to 20% of the total area required for off-street parking to provide
for additional parking, should future demand for parking spaces exceed
the number of spaces provided. Such reserve area, which shall not
reduce the maximum permitted percent of lot coverage, must be graded
and available for parking use if required but need not be surfaced
or otherwise developed for parking use until such area is required
as determined by reconsideration of the minimum required off-street
parking spaces by the Planning Board.
(5)Â
For any public assembly or restaurant use where a
maximum occupancy figure is posted by the Code Enforcement Officer,
one space shall be provided for every four persons up to the maximum
occupancy if this figure is known at the time of site plan approval.
[Added 9-23-1998 by L.L. No. 10-1998]
D.Â
Parking space standards.
(1)Â
Areas which may be considered. Areas which may be
computed as the required off-street parking space may include a garage,
carport or other area available for parking, other than a street.
A driveway within a required front yard setback area in a residence
district may be counted as one space.
(2)Â
Location of parking spaces. Required accessory parking
spaces, open and enclosed, may be provided upon the same lot as the
use to which they are accessory or elsewhere, provided that all spaces
therein are located within 500 feet of walking distance of such use
or intended use. In all cases such parking spaces shall conform to
all the regulations of the district in which they are located, and
in no event shall such parking spaces be located in any residential
district unless the uses to which they are accessory are permitted
in such districts or by permission of the Planning Board. Such spaces
shall be in the same ownership as the use to which they are accessory
or leased for not less than 50 years, and said owner or lessee shall
maintain the required number of spaces available either throughout
the existence of such use or until such spaces are provided elsewhere.
(3)Â
Availability of spaces. All required parking spaces
shall be available for the use to which they are related and shall
not be otherwise used for long-term parking, parking unrelated to
the use of the lot or storage.
(4)Â
Parking for handicapped drivers. Parking areas and
parking garages shall provide parking spaces for handicapped drivers
with dimensions, locations and number as required by applicable provisions
of the New York State Uniform Fire Prevention and Building Code.
(5)Â
Parking space size. The minimum parking space width
shall be nine feet, and the minimum length shall be 18 feet. Each
space shall be delineated on the surface of the parking area by two
painted lines parallel to the longest dimension of the space, each
of which lines shall be four inches in width and beginning eight inches
and ending 12 inches inside both dividing lines of the space. See
Sketch B below.
Sketch B
| ||
Typical Parking Space
Scale: 1/8 - 1 - 0
|
Detail @ Parking Space
Scale: 3/4 - 0
|
(6)Â
Access to street.
(a)Â
Unobstructed access to and from a street shall
be provided. Such access shall consist of at least two lanes of ten-foot
width apiece.
(b)Â
No entrance or exit for an accessory off-street
parking area with over 10 parking spaces or any loading berth shall
be located within 150 feet of a street intersection.
(7)Â
Surface. All open parking areas shall be constantly
maintained so as to prevent potholes and to retain the clarity of
all required markings. They shall also be properly drained with a
dustless surface. All parking areas in regular usage shall be paved
with a year-round surface of oil and stone, asphalt or concrete.
(8)Â
Combined parking areas.
(a)Â
Required parking spaces may be provided in spaces
designed to serve jointly two or more establishments, whether or not
located on the same lot, and the number of required spaces in such
joint facilities shall not be less than the total required for all
such establishments.
(b)Â
When any lot contains two or more uses having
different parking requirements, the minimum parking requirement for
each use shall apply to the extent of that use. Where it can be reasonably
demonstrated, based on Chart 3 (see end of chapter), that one or more
such uses will generate a demand for parking spaces primarily during
periods when the other use or uses is not or are not in operation,
the Planning Board may adjust the number of parking spaces required.
(9)Â
Landscaping.
(a)Â
All open parking areas shall be suitably landscaped.
In parking lots with more than 20 spaces, at least 5% of the area
of the parking lot shall be devoted to landscaping within the interior
of the parking lot. Such landscaping shall be in addition to that
which may be required along the street line, the lot lines or the
building foundation. In all parking lots providing eight or more off-street
parking spaces, one shade or flowering ornamental tree shall be planted
for each eight parking spaces and any additional number thereof, said
tree or trees to be planted in median dividers, islands or such other
locations as may be acceptable to the Planning Board.
(b)Â
All planting beds, landscaped islands and pedestrian
walkways, if provided, shall be protected by curbs, sturdy posts,
rails or walls 1Â 1/2 to two feet in height or other protective
devices and shall be of sufficient width to prevent damage or injury
to both plant materials and pedestrians. Additional barriers may be
required by the Planning Board to give better protection and to improve
pedestrian and vehicular circulation.
E.Â
Off-street parking of commercial and recreation vehicles
in all residential districts. Commercial vehicles may be parked off
street in residential districts, provided that:
[Amended 9-23-1998 by L.L. No. 10-1998; 3-3-2014 by L.L. No. 3-2014]
(1)Â
The vehicle is engaged in the provision of service, delivery or pickup
at a residence.
(2)Â
The vehicle is on a private lot, other than those cited in Subsection E(1) above, and is operated by an occupant of the principal building and the commercial vehicle is totally contained within a garage or carport. Notwithstanding the foregoing and the provisions of § 185-46, one commercial vehicle having a gross vehicle weight of not more than 16,500 pounds, operated by an occupant of the principal building, and not contained in a garage or carport, is permitted to be parked on a private lot, provided that any other commercial vehicle within a carport on the lot is completely screened from view.
(3)Â
Farm and agriculturally related commercial vehicles located on agricultural
residential parcels are exempt from these regulations.
(4)Â
Campers or recreational vehicles, camper trailers and utility trailers may not be parked in a residential district in a required front yard setback nor between the street line and the principal building other than those cited in Subsection A(2) above. In no event shall such parked vehicles be used for residential purposes.
[Amended 5-18-2009 by L.L. No. 5-2009; 4-9-2018 by L.L. No. 3-2018]
A.Â
Intent.
(1)Â
This section regulates signs which are visible from the right-of-way
and from beyond the property where erected. These regulations balance
the need to protect the public safety and welfare, the need for a
well-maintained and attractive community and the need for adequate
identification, communication and advertising for all land uses. At
no time should these provisions be interpreted to regulate any aspect
of the content of any sign. The regulations for signs have the following
specific objectives:
(a)Â
To ensure that signs are designed, constructed, installed and
maintained so that public safety and traffic safety are not compromised.
(b)Â
To allow and promote positive conditions for meeting a sign
user's needs, while at the same time avoiding nuisances to nearby
properties and promoting an attractive environment.
(c)Â
To reflect and support the desired character and development
patterns of the various districts.
(d)Â
To allow for adequate and effective signs in commercial and
industrial districts while preventing signs from dominating the visual
appearance of the area.
(2)Â
These regulations allow for adequate and multiple types of signs
for a site. The provisions do not necessarily assure or provide for
a property owner's desired level of visibility for the signs.
B.Â
Applicability and scope. This section regulates the number, size,
placement and physical characteristics of signs. The regulations are
not intended to and do not restrict, limit or control the content
or message of signs. The regulations of this section apply to all
districts in the Town. Notwithstanding anything to the contrary herein,
"noncommercial" signs, including those expressing some personal, political
or religious view, are allowed wherever commercial signage is permitted
and are subject to the same standards and total maximum allowances
per site or building of each sign type specified in this section.
C.Â
Conformance. No sign may be erected unless it conforms to the regulations
of this section. Sign permits must be approved prior to erection of
the sign.
D.Â
Exempt signs.
(1)Â
The following signs are exempt from the provisions of this section
but may be subject to other portions of the Town Code:
(a)Â
Signs inside a building, not governed by § 185-14J(6), pertaining to window signs, except for strobe lights visible from a right-of-way, private or public road or other private property.
(b)Â
Building numbers.
(c)Â
Signs carved into or part of materials which are on an integral
and permanent part of the building, not to exceed four feet in total
area on any one building.
(d)Â
Painted wall decorations and painted wall highlights that present
no message or indication of a use and are meant strictly for artistic,
decorative or design use or enhancement, provided such decorations,
scenes or highlights have been presented to, reviewed and approved
by the ARB.
(e)Â
Public and/or governmental signs, including traffic or similar
regulatory devices and signs required to be posted by governmental
regulation.
(f)Â
Flags and insignia of any government, except when displayed
in connection with a commercial promotion.
(g)Â
Nonilluminated warning, "private drive," "posted" or "no trespassing"
signs, not exceeding two square feet per face.
(h)Â
Temporary nonilluminated signs on premises being offered "for
sale" or "for rent" subject to the following regulations:
[1]Â
One attached wall or freestanding sign per street frontage will
be permitted.
[2]Â
Signs shall be no closer than 10 feet from any property line.
[3]Â
Area and height.
[a]Â
For improved single- and two-family residential
properties, the maximum area per sign shall be 12 square feet with
a maximum height of six feet.
[b]Â
For improved multifamily residential properties,
the maximum area per sign shall be 15 square feet with a maximum height
of eight feet.
[c]Â
For improved nonresidential properties, the maximum
area per sign shall be 24 square feet with a maximum height of eight
feet.
[d]Â
For unimproved properties not exceeding two acres
in size, the maximum area per sign shall be 32 square feet with a
maximum height of 10 feet.
[e]Â
For unimproved properties exceeding two acres in
size, the maximum area per sign shall be 60 square feet with a maximum
height of 10 feet.
[f]Â
Signs shall not be illuminated.
[g]Â
All such signs shall be removed within three days
after the ending of the listing period or the sale, lease or rental
of the premises, as the case may be.
(i)Â
Temporary, nonilluminated window signs and posters not exceeding
10% of the window surface.
(j)Â
One temporary sign at a seasonal roadside stand selling agricultural
produce grown on the premises, provided that such sign shall not exceed
six feet and shall be set back a minimum of 10 feet from any property
line. Any such sign shall only remain on the site for that portion
of the year that the stand is active.
(k)Â
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, nonilluminated, not exceeding four square
feet per face and six feet above the ground.
(l)Â
Temporary, nonilluminated, noncommercial signs with fixed messages
displayed for periods not to exceed 120 days in any calendar year,
not exceeding nine square feet in total area and no more than 48 inches
above grade. The date the signs are erected shall be legibly labelled
on such signs with lettering no less than 2.5 inches in height. A
maximum of four identical signs shall be placed within 200 feet of
each other.
(2)Â
The Building and Code Enforcement Officer shall have the same authority with respect to exempt, temporary signs which do not meet or continue to meet the criteria for exemption as he or she has under § 185-14E(11) with respect to signs on lampposts, traffic light poles and utility poles whether or not attached or freestanding.
E.Â
Prohibited signs. The following signs are prohibited and shall be
removed.
(1)Â
Strobe lights and signs containing strobe lights which are visible
from the exterior of the building.
(2)Â
Signs placed or painted on a vehicle, trailer or truck trailer and
parked with the primary purpose of providing a sign for commercial
purposes.
(4)Â
A sign which copies or imitates or in any way approximates an official
highway sign or carries the words "STOP," "DANGER," "GO SLOW," "CAUTION,"
"WARNING," etc.
(5)Â
Any sign in or projecting into a public right-of-way, except exempt,
temporary, noncommercial signs permitted pursuant to § 185-14D(10).
(6)Â
A sign or illumination that causes any direct glare into or upon
any building or street, other than the building to which the sign
may be accessory.
(7)Â
"Abandoned signs," defined as those signs which do not pertain to
a use for which the premises have been used for at least 360 days
or which refer to an off-premises use which has not existed for at
least 180 days.
(8)Â
Any sign which impairs or causes confusion to vehicular or pedestrian
traffic in its design, color or placement.
(9)Â
Any sign mounted or attached to a tree, lamppost, traffic signal
post, utility pole, etc.
(10)Â
Roof signs.
(11)Â
With the exception of any sign erected by the Town, county,
state or other governmental authority or public utility, all signs
pertaining to traffic regulations, parking regulations and fire zones
which are subject to the rules and regulations of the New York State
Vehicle and Traffic Law and warning, entry prohibition and safety
signs, signs located upon lampposts, traffic light poles or upon utility
poles without the express written permission of the utility company.
It shall be presumed that any person, business or entity identified
on any sign, poster, sticker or advertising device regulated by this
section, or the owner, agent, registrant, manager, business, entity
or person in charge of any telephone number, web site, entity, business
or address identified on any sign, poster, sticker or advertising
device regulated under this chapter is responsible for the placement
of that sign, poster, sticker or advertising device. This presumption
shall be rebuttable. The Building and Code Enforcement Officer shall
prepare a notice which shall describe the sign and specify the violation
involved and shall state that if the sign is not removed or the violation
is not corrected within 20 days, the sign shall be removed in accordance
with the provisions of this section; provided, however, that in the
event the sign is clearly of a temporary and insubstantial value,
including but not limited to paper, cloth, flags or cardboard signs,
the Building and Code Enforcement Officer may direct the immediate
removal of such signs upon 48 hours' notice. All notices mailed by
the Building and Code Enforcement Officer shall be sent by certified
mail, return receipt requested. Any time periods provided in this
subsection shall be deemed to commence on the date of the mailing
of the certified mail. The notice shall be mailed to the owner of
the property on which the sign is located as shown on the last equalized
assessment roll. Any person having an interest in the property on
which the sign is located may appeal the determination of the Building
and Code Enforcement Officer ordering removal or compliance by filing
a written notice of appeal with the Zoning Board of Appeals within
10 days after receipt of the notice.
[Added 4-9-2018 by L.L.
No. 6-2018]
(12)Â
Any sign which is not included under the types of signs permitted
in specific district regulations or in this section.
F.Â
Sign measurement.
(1)Â
Sign face area.
(a)Â
The area of sign faces enclosed in frames or cabinets is determined
based on the outer dimensions of the frame or cabinet surrounding
the sign face. Sign area does not include foundations, supports and
other essential structures which are not serving as a backdrop or
border to the sign. Only one side of a double-faced sign is counted.
(b)Â
When a sign is on a base material and attached without a frame,
such as a wood or plexiglass panel, the dimensions of the base material
are to be used unless it is clear that part of the base contains no
sign, related display or decoration.
(c)Â
When signs are constructed of individual pieces or letters attached
to a building wall, the sign area is determined by a perimeter drawn
around all the pieces or letters.
(d)Â
For sign structures containing multiple modules oriented in
the same direction, the modules together are counted as one sign face.
(e)Â
The maximum surface area visible at one time of a round or three-dimensional
sign is counted to determine sign area.
(2)Â
Height of signs. The overall height of a sign or sign structure is
measured from the grade directly below the sign to the highest point
of the sign or sign structure.
G.Â
Nonconforming signs.
(1)Â
The lawful use of a sign or signs existing at the time of adoption
of this chapter may be continued, even though the sign does not conform
to the regulations and limitations of this section, until one or more
of the following occurs:
(a)Â
The structure, size, location or accessories of any or all signs
previously granted approval and permits are altered, modified, changed,
reconstructed or moved.
(b)Â
The structure, size, location, lettering, color scheme or accessories
of any or all signs on the property for which approval and/or permits
have not been granted are altered, modified, changed, reconstructed
or moved.
(c)Â
Buildings, structures or site improvements on the property upon which the sign is placed are altered in such a way as to require approval pursuant to Article IX of this chapter.
(d)Â
Any or all signs on the property are damaged or destroyed by
fire, explosion or act of God to the extent of more than 60% of the
actual value thereof.
(e)Â
Any or all signs on the property are abandoned.
(f)Â
Any or all signs on the property fall into a state of disrepair
or become unsafe.
(2)Â
Nonconforming signs are not subject to the provisions of § 185-19, Nonconforming buildings and uses, of this chapter.
(3)Â
Ordinary maintenance and repairs may be made to any nonconforming
sign, provided that the structure, lettering, color scheme or accessories
are not altered, modified, changed, reconstructed or moved, and provided
that such ordinary maintenance and repairs do not exceed 20% of the
value of the sign in any one-year period.
(4)Â
Nothing contained in this section shall be deemed to require any
change in the plans or construction of any sign upon which actual
construction was lawfully initiated prior to the effective date of
this section. "Actual construction" is hereby defined as the actual
placing of the sign and/or structure materials in their permanent
position in compliance with the previously obtained approval and permits.
H.Â
General design criteria.
(1)Â
Where more than one sign is permitted for the same activity, all
signs should be coordinated with respect to color, letter style, illumination
and other graphic features.
(2)Â
In multiple owner/tenant occupancies, the various signs required
for identification of different activities should be coordinated with
respect to placement on the building facade, legibility and illumination
and should express uniformity of design and create a sense of harmonious
appearance.
(3)Â
All signs should be legible and visible for the purpose and circumstances
in which they are used.
(4)Â
Sign(s) shall be considered a site plan and architectural feature
of the proposed development and, as such, should be coordinated in
size, height, color, illumination, location, graphic design and finish
detailing with the building(s), landscaping, area lighting and vehicular
and pedestrian circulation and shall be shown on and approved with
the use where Planning Board or Architectural Review Board approval
is required.
(5)Â
Where different uses are permitted side-by-side or on adjoining properties,
signs permitted for one property or tenancy should not adversely affect
the identification and reasonable use of the neighboring property
or tenancy.
(6)Â
In general, changeable copy area of any sign should occupy no more than 1/3 of the area of said sign. See § 185-14P with regard to electronic message displays.
(7)Â
All limited access highway-oriented signs and billboards shall not
be of changeable copy type and shall conform to applicable New York
State Thruway Authority regulations and other state and federal laws
and regulations.
(8)Â
Where signs are to be placed near residential uses, sign height,
size, location and illumination should be adjusted for minimum impact
to the residential uses.
(9)Â
Sign content should be orderly, and graphics should be of simple
shapes, such as rectangles, circles or ovals.
(10)Â
No more than two typefaces shall be used on any one sign or
group of signs.
(11)Â
The number of colors used should be the minimum consistent with
the design.
(12)Â
Illumination. Where illumination of signs is permitted, such illumination may only be between sundown and 11:00 p.m. (or close of business). Illumination shall only be of an even intensity at all times. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or it may be indirect (when the light source is not visible from any adjoining property or street and is directed upon the sign) as specified in § 185-14P.
(a)Â
Illumination should be appropriate to the character of the sign
and its surroundings and shall not adversely shine on or impact surrounding
properties, uses or streets and roads.
(b)Â
No sign or similar advertisement shall be illuminated in such
a manner so as to diminish or detract in any way from the effectiveness
of any traffic signal or similar safety or warning device.
(13)Â
Any tenant or user making an application for a sign permit shall
submit with his application evidence that the landlord and owner of
the building has approved the particular signage.
I.Â
General construction and placement criteria.
(1)Â
All signs installed after the effective date of this section shall
have attached to the sign a nameplate giving the sign permit number
and the name and address of the owner, person or corporation responsible
for the general requirements and maintenance as outlined herein.
(2)Â
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (UL 48) of the Underwriters'
Laboratories Inc., and bear the seal of the Underwriters' Laboratories
label. The sign shall be inspected and certified by an electrical
inspection agency approved by the Town.
(3)Â
All transformers, wires and similar items shall be concealed. All
wiring to freestanding signs shall be underground.
(4)Â
All signs, including attached wall, projecting and suspended wall
signs, shall be securely anchored and shall not swing or move in any
manner.
(5)Â
All signs, sign finishes, supports and electric work shall be kept
clean, neatly painted and free from all hazards, such as, but not
limited to, faulty wiring and loose supports, braces, guys and anchors.
(6)Â
All signs shall be painted and/or fabricated in accordance with generally
accepted sign industry standards.
(7)Â
All signs and sign structures shall be erected and attached totally
within the site.
(8)Â
Vision clearance area. No sign may be located within the triangular area on corner lots determined in accordance with § 185-17B. No support structure(s) for a sign may be located in said area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less.
(9)Â
Vehicle area clearances. When a sign extends over a private area
where vehicles travel or are parked, the bottom of the sign shall
be at least 14 feet above the grade. Vehicle areas include driveways,
alleys, parking lots, loading, maneuvering areas, etc.
(10)Â
Pedestrian area clearances. When a sign extends over private
sidewalks, walkways or other spaces accessible to pedestrians, the
bottom of the sign shall be at least 8Â 1/2 feet above the grade.
(11)Â
Signs may be erected in required yards and setback areas, but
not in buffer areas, unless otherwise specified in this chapter.
J.Â
Specific regulations; sign types.
(1)Â
Attached wall sign: any sign posted, painted or constructed, attached
and parallel to the plane of the building wall, facade, marquee or
porch of any structure.
(a)Â
An attached wall sign shall be flush and flat throughout its
length and height to the face of the wall to which it is mounted.
(b)Â
An attached wall sign shall not extend beyond the ends or over
the top of the wall to which it is mounted.
(c)Â
In multistory buildings, it shall be located no higher than
the first floor.
(d)Â
Its length shall not exceed 70% of the width of the tenancy
or building wall to which it is mounted.
(e)Â
Attached wall signs may only be directly illuminated.
(f)Â
Attached wall signs shall not be located on the rear of a building.
(2)Â
Suspended wall sign: any sign which is suspended from a building
wall, facade, marquee or porch by means of brackets, hooks, chains,
etc., and whose face is parallel to the plane of said building wall,
facade, marquee or porch.
(a)Â
A suspended wall sign shall not project more than 12 inches
from the face of the wall to which it is mounted.
(b)Â
A suspended wall sign shall not extend beyond the ends or over
the top of the wall to which it is mounted.
(c)Â
In multistory buildings, it shall be located no higher than
the first floor.
(d)Â
Its length shall not exceed 70% of the width of the tenancy
or building wall to which it is mounted.
(e)Â
Suspended wall signs may only be directly illuminated.
(f)Â
Suspended wall signs shall not be located on the rear of a building.
(3)Â
Projecting sign: a sign which is attached to a building wall, facade,
marquee or porch and which extends more than 12 inches from the face
of such building wall, facade, marquee or porch.
(a)Â
Projecting signs shall not have more than two faces.
(b)Â
The exterior edge of a projecting sign shall not extend more
than five feet from the building wall, facade, marquee or porch to
which it is mounted.
(c)Â
No part of a projecting sign shall extend into vehicular traffic
areas.
(d)Â
Projecting signs may only be directly illuminated.
(4)Â
Under-canopy sign: a projecting sign placed at a ninety-degree angle
to the building facade of a retail establishment and attached to the
ceiling of a canopy or covered walkway or attached to the storefront
or building facade to facilitate identification of the particular
retail store or tenant.
(5)Â
Freestanding sign: a sign standing on the ground and usually, but
not necessarily, supported from the ground by one or more poles, posts
or similar uprights, with or without braces, and advertising products
or uses made, sold, used or served on the premises displaying such
sign.
(a)Â
No freestanding sign shall be located less than 15 feet from
any front or side property line, or a distance equal to the height
of said sign, whichever is greater.
(b)Â
A freestanding sign shall be located no less than 10 feet from
any building, or equal to the height of the sign, whichever is greater.
(c)Â
A freestanding sign shall be no more than 35 feet in height
above finished grade. Signs which exceed 14 feet in height shall be
designed and constructed to withstand winds of 100 miles per hour,
and such shall be certified to by a professional engineer or registered
architect licensed to practice in the State of New York.
(d)Â
A freestanding sign shall not overhang any property lines.
(e)Â
Masonry-wall-type signs shall not exceed four feet in height
above finished grade and shall not be placed so as to impair the visibility
of motorists.
(f)Â
All freestanding signs must be protected from vehicular damage
by a poured-in-place concrete curb or planter.
(g)Â
Freestanding signs may either be directly or indirectly illuminated.
(6)Â
Window sign: a sign that is applied or attached to the exterior or
interior of a window or located in such manner within a building that
it can be seen from the exterior of the structure through a window.
(8)Â
Fence signs.
(a)Â
No sign or banner shall be placed on any fence which will impede
the vision of pedestrians and/or motorists.
(b)Â
All signs or banners placed on fences must be attached securely
to prevent them from interfering with pedestrians and/or motorists'
safety.
(c)Â
All signs and banners shall be kept and maintained in a clean,
legible manner.
K.Â
Signs permitted in all districts. The following signs shall be permitted
within any district in the Town:
(1)Â
On lots fronting on roads providing access to an existing residential
subdivision. In conjunction with an existing development or neighborhood,
signs may be placed, subject to the following conditions:
(a)Â
A maximum of two single-faced freestanding signs shall be permitted
per development or neighborhood.
(b)Â
The maximum area per sign shall be 16 square feet. Only one
sign shall be placed per intersection.
(c)Â
Such signs shall only be indirectly illuminated.
(d)Â
If such signs are freestanding, the maximum height shall be
48 inches above the finished grade.
(2)Â
On lots containing multiple-family uses. In conjunction with an existing
multiple-family development having 20 units or more, on-site signs
may be placed subject to the following conditions:
(a)Â
One freestanding, attached wall or suspended wall sign, single-
or double-faced, shall be allowed per street frontage from which vehicles
gain access to the development.
(b)Â
The maximum area per sign shall be 20 square feet.
(c)Â
If such signs are freestanding, the maximum height shall be
48 inches above the finished grade.
(d)Â
If freestanding, such signs shall only be indirectly illuminated.
(3)Â
Signs and banners generally.
(4)Â
Long-term temporary signs.
(a)Â
On-site construction signs. In conjunction with a use that has
an approved building permit for a project or a development, construction
signs may be placed subject to the following regulations:
[1]Â
There shall not be more than one such single-faced, freestanding
sign for each project or development.
[2]Â
Such sign shall be no larger than 32 square feet in total area
and no more than 10 feet in height.
[3]Â
Construction signs shall not be illuminated.
[4]Â
Construction signs may be erected and maintained for a period
not to exceed 14 days prior to the commencement of construction and
shall be removed within 14 days of the termination of construction
of the project or development.
(5)Â
Short-term temporary signs.
(a)Â
Temporary noncommercial signs. Signs for noncommercial purposes
may be placed subject to the following regulations:
[1]Â
There shall not be more than one such sign for each tax lot.
If the sign is not to be placed on property owned by the applicant
for the permit, then the permit applicant shall present written consents
from all the property owners on whose property the sign is to be located.
[2]Â
Such signs may be freestanding or attached wall signs.
[3]Â
Such signs shall not be illuminated, shall not exceed 32 square
feet in total area and, if freestanding, shall be no more than eight
feet in height.
[4]Â
Temporary, noncommercial signs may be erected and maintained
for a period not to exceed 30 days.
(b)Â
Temporary on-site commercial signs. Signs, banners, posters
and other similar devices pertaining to on-premises commercial uses
may be placed subject to the following regulations:
[1]Â
No single sign shall exceed 32 square feet in total area nor
exceed an aggregate total area of 64 square feet for the parcel.
[2]Â
If freestanding, no sign shall exceed 10 feet in height.
[3]Â
Permits for such temporary commercial signs shall not be issued
more than twice for the same parcel within one calendar year.
[4]Â
All such signs shall be erected and maintained for a period
not to exceed 30 days.
(6)Â
Off-premises signs at intersections on state highways. Off-premises
signs pertaining to uses on intersecting streets within 0.5 mile of
the intersection shall be permitted to be placed within 100 feet of
the intersection subject to the following regulations:
(a)Â
The lot on which the sign is placed shall be otherwise vacant
when the permit for the sign is issued.
(b)Â
One sign per lot shall be permitted.
(c)Â
No sign shall exceed 24 square feet in total area.
(d)Â
No sign shall exceed 10 feet in height.
(e)Â
No sign shall be placed in the triangular area on corner lots determined in accordance with § 185-17B.
(f)Â
The square footage of the sign shall count towards the total
sign area allowed for the lot in the event the lot is developed in
the future and the sign remains in place.
L.Â
Signs permitted in the RR, AR, R-1, R-2 and R-3 Districts. In addition
to signs permitted in all districts, the following signs shall be
permitted within any residential district in the Town:
(1)Â
On a lot containing an approved home occupation or professional office,
one nonilluminated, attached wall, suspended or freestanding sign
may be placed on the premises subject to the following conditions:
M.Â
Signs permitted in the B District. The following signs shall be permitted
within the B District:
(1)Â
Attached wall, suspended wall, projecting, window and awning signs
may be placed on the premises subject to the following conditions:
(a)Â
The total allowable sign area for all permanent signs on the
site, except freestanding signs, shall be as follows:
[1]Â
If there is no freestanding sign on the site, then one square
foot of sign area per linear foot of building wall that fronts on
a street is allowed.
[2]Â
If there is a freestanding sign on the site, then 3/4 square
foot of sign area per linear foot of building wall that fronts on
a street is allowed.
(b)Â
There is no limit on the number of such signs on a site so long
as their aggregate square footage is within the total allowable area
limit.
(2)Â
One freestanding sign may be placed on the premises subject to the
following:
(a)Â
Such sign shall only be allowed if the building on the site
is set back a minimum of 35 feet from the front property line.
(b)Â
On lots with a lot width of 100 feet or less, the maximum sign
area shall be 40 square feet. On lots with a lot width of more than
100 feet, the maximum sign area shall be 60 square feet.
(c)Â
The maximum height shall be 14 feet.
N.Â
Signs permitted in IB and I Districts. The following signs shall
be permitted within the IB and I Districts in the Town:
(1)Â
Attached wall, suspended wall, projecting, window, awning signs and
billboards may be placed on the premises, subject to the following
conditions:
(a)Â
The total allowable sign area for all permanent signs on the
site, except freestanding signs, shall be as follows:
[1]Â
If there is no freestanding sign on the site, then 1Â 1/4
square feet of sign area per linear foot of building wall that fronts
on a street is allowed.
[2]Â
If there is a freestanding sign on the site, then one square
foot of sign area per linear foot of building wall that fronts on
a street is allowed.
(b)Â
There is no limit on the number of such signs on a site so long
as their aggregate square footage is within the total allowable area
limit.
(2)Â
One freestanding sign may be placed on the premises subject to the
following conditions:
O.Â
Signs permitted for specific uses. Regardless of the district in
which it is located, for the uses listed below, the signs permitted
on the site shall be governed by the following:
(2)Â
Mini-malls. Mini-malls shall be subject to the same regulations as shopping centers pursuant to § 185-14.1, except that only one freestanding sign shall be permitted.
(3)Â
Convenience stores with gasoline filling stations. Convenience stores
with gasoline filling station signs shall be subject to the following:
(a)Â
One attached wall, suspended wall or projecting sign may be
placed on the principal building, except that where the building abuts
two or more streets, additional such signs, one oriented to each abutting
street, shall be permitted. The maximum allowable sign area for the
sign shall be 1/2 square foot of sign area per linear foot of building
wall that fronts on a street.
(c)Â
Service island identification signs. Service island identification
signs indicating the price of gasoline, other relevant information
or directions to persons using the facility, but containing no advertising
material, shall be allowed subject to the following:
[1]Â
There shall be no more than one such sign for each service island
located on the premises.
[2]Â
The maximum allowable sign area for each such sign shall not
exceed six square feet.
[3]Â
Such signs may only be located attached directly to the service
island structure, if any, or pump.
[4]Â
Such signs shall not project higher than the service island
structure, if any, or pump, whichever is higher.
(4)Â
Motor vehicle service stations. Motor vehicle service station signs
shall be subject to the following:
(a)Â
One attached wall, suspended wall or projecting sign may be
placed on the principal building, except that where the building abuts
two or more streets, additional such signs, one oriented to each abutting
street, shall be permitted. The maximum allowable sign area for the
sign shall be 1/2 square foot of sign area per linear foot of building
wall that fronts on a street.
(b)Â
One freestanding sign may be placed on the premises subject
to the following:
(c)Â
Service island identification signs. Service island identification
signs (for gasoline service stations only) indicating the price of
gasoline, type of service offered, other relevant information or directions
to persons using the facility, but containing no advertising material,
shall be allowed subject to the following:
[1]Â
There shall be no more than one such sign for each service island
located on the premises.
[2]Â
The maximum allowable sign area for each such sign shall not
exceed six square feet.
[3]Â
Such signs may only be located attached directly to the service
island, if any, or pump.
[4]Â
Such signs shall not project higher than the service island
structure, if any, or pump, whichever is higher.
(d)Â
Service bay identification signs. Service bay identification
signs providing direction or instruction to persons using the facility,
but containing no advertising of any kind, shall be subject to the
following:
P.Â
Electronic and illuminated signs.
[Added 4-9-2018 by L.L.
No. 4-2018]
(1)Â
ANIMATED SIGN
DISSOLVE
ELECTRONIC MESSAGE DISPLAY
ELECTRONIC SIGN
FADE
FLASHING
FRAME
FRAME EFFECT
ILLUMINATED SIGN
NITS
SCROLL
TIME, TEMPERATURE OR PRICE SIGN
TRANSITION
TRANSITION DURATION
TRAVEL
Definitions: As used in this section, the following terms shall have
the following meanings:
Any sign that uses movement or change of lighting or color
to depict action or give the sense of motion, including animated graphics
and video. "Electronic message displays" and "time, temperature or
price signs" are not animated signs for purposes of this chapter.
Animated signs are not permitted in any zoning district.
A mode of message transition on an electronic message display
accomplished by varying the light intensity or pattern, where the
first message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
A sign or portion of a sign capable of displaying words,
symbols, figures or images that can be electronically or mechanically
changed by remote or automatic means. A sign on which the message
changes more than one time per 1/2 hour shall be considered an animated
sign and not an electronic message display for purposes of this chapter.
A "time, temperature or price sign" shall not be considered an electronic
message display for purposes of this chapter.
Any sign, video display, projected image, or similar device
or portions thereof with text, images, or graphics generated by solid
state electronic components. Electronic signs include, but are not
limited to, signs that use light-emitting diodes (LED), liquid crystal
displays (LCD), plasma displays, fiber optics, or other technology
that results in bright, high-resolution text, images, and graphics.
A mode of message transition on an electronic message display
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
A pattern of changing light illumination where the sign illumination
alternates suddenly between fully illuminated and fully nonilluminated
for the purpose of drawing attention to the sign. Flashing is not
permitted in any zoning district.
A complete, static display screen on an electronic message
display.
A visual effect on an electronic message display applied
to a single frame to attract the attention of viewers.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
A unit of measure of brightness or luminance. One nit is
equal to one candela per square meter.
A mode of message transition on an electronic message display
where the message appears to move vertically across the display surface.
A sign on which the only copy that changes is an electronic
or mechanical indication of the following functional information:
time, temperature and/or price. A time, temperature or price sign
shall not be considered as having an electronic message display or
as an animated sign for purposes of this chapter.
A visual effect used on an electronic message display to
change from one message to another.
The time interval it takes the display to change from one
complete static message to another complete static message.
A mode of message transition on an electronic message display
where the message appears to move horizontally across the display
surface.
(2)Â
Electronic message display standards and requirements. Electronic
message displays may be permitted with the approval of a special use
permit from the Planning Board in the B, IB and I Zoning Districts
and on properties fronting on New York State highways in the RR, AR,
R-1, R-2 and R-3 Zoning Districts, subject to the following standards
and requirements:
(a)Â
Operational limitations. Such displays shall contain static
messages only, and shall not have movement, or the appearance or optical
illusion of movement, of any part of the sign structure, design, or
pictorial segment of the sign, including the movement or appearance
of movement of any illumination or the flashing, scintillating or
varying of light intensity.
(b)Â
Minimum display time. Each message on the sign must be displayed
for a minimum of 1/2 hour.
(c)Â
Message change sequence. The change of messages transition duration
must be accomplished within four seconds.
(d)Â
Number of electronic message displays per site. Only one electronic
message display is permitted per site for each street frontage on
which the site fronts and the sign is visible from a public right-of-way.
(e)Â
No special effects. No special visual effects of any kind such
as moving toward or away from the viewer, expanding or contracting,
bouncing, rotating, spinning, twisting, or otherwise portraying movement
or animation as the message is displayed on the screen or to accompany
the transition between any successive messages are permitted.
(f)Â
Electronic message display area. The electronic message display
shall not exceed 50% of the total sign area permitted on the site.
(g)Â
Types of signs on which permitted. An electronic message display
may be utilized on any permitted freestanding or monument sign provided
that the sign is at least 200 linear feet in any direction from any
other sign that uses electronic display in the B, IB and I Zoning
Districts and 300 linear feet in the RR, AR, R-1, R-2 and R-3 Zoning
Districts, and is 90° perpendicular to the flow of traffic.
(h)Â
Manufacturer's manual to be provided. Permit applications must
include a copy of the manufacturer's operating manual, which includes
the manufacturer's recommended standards for light levels, scrolling
or traveling speed and other display operations.
(i)Â
Electronic message display required to go dark. Permitted electronic
message displays shall be equipped to go dark in the event of a malfunction.
(3)Â
Standards applicable to all electronic signs and illuminated signs.
(a)Â
Permitted zoning districts. Electronic signs are permitted in
the B, IB and I Zoning Districts, and in the RR, AR, R-1, R-2 and
R-3 Zoning Districts only on properties having frontage on New York
State highways and provided that the sign is oriented towards the
fronting state highway.
(b)Â
Electronic signs which do not have electronic message displays
shall utilize lights, including but not limited to LEDs and LCDs,
which are stationary and constant in intensity and color.
(c)Â
Automatic dimming. Electronic signs shall be equipped with an
automatic dimming photocell which adjusts the display's brightness
based on ambient light conditions.
(d)Â
Adjacent and nearby residentially zoned property. Electronic
sign faces shall be oriented away from areas zoned for residential
use. Electronic signs located on a lot adjacent to any residentially
zoned lot and within 100 linear feet of the lot boundary shall be
turned off between the hours of 11:00 p.m. and 6:00 a.m. Electronic
signs shall be located at least 200 linear feet from any residence
on a residentially zoned lot.
(e)Â
Brightness.
[1]Â
Brightness levels of electronic signs cannot exceed the following
footcandles (fc) by zone, measured within 100 feet of the sign.
Zoning District
|
Footcandles
|
---|---|
B, RR, AR, R-1, R-2 and R-3
|
0.3
|
IB and I
|
0.5
|
0.8
| |
Source: Illuminating Engineering Society (IES)
|
[2]Â
No electronic sign shall be illuminated to a degree of brightness
greater than necessary for adequate visibility or a maximum of 300
nits between sunrise and sunset, 5,000 nits during daylight hours,
or the minimum standards set by the Federal Highway Administration,
whichever is more restrictive.
[3]Â
Certification must be provided to the Town demonstrating that
the sign has been preset to automatically adjust the brightness to
these levels or lower. In the event of receipt of a complaint, the
Code Compliance Department may require reinspection and recalibration
in its reasonable discretion, at the permittee's expense, to ensure
that the specified brightness levels are maintained at all times.
(f)Â
Nonelectronic illuminated signs. The illumination provided shall be diffused or indirect and arranged so as not to directly illuminate neighboring properties in residential districts and any public street. Front lighting of carved wood and raised letter signs is permitted so long as the lighting does not illuminate neighboring properties or the public street. See § 185-14H(12) for design criteria for illumination.
Q.Â
Permits.
(1)Â
Permit required. Except for the following, no person may erect, alter
or relocate within the Town any sign without first obtaining a building
permit for the sign:
(2)Â
Sign permit applications. Each sign being applied for shall require
the filing of a separate permit application. Applications for sign
permits shall be submitted to the Code Compliance Department on forms
prescribed and provided by the Town and shall contain or have attached
thereto the following information:
(a)Â
The names, addresses and telephone numbers of the applicant,
the owner of the property on which the sign is to be erected or affixed
and the person or company to be erecting or affixing the sign.
(b)Â
The location of the building, structure or lot on which the
sign is to be erected or affixed.
(c)Â
A site plan of the parcel involved, showing all structures and
the exact location of the proposed sign.
(d)Â
Two sets of plans and specifications of the sign to be erected
or affixed and its method of construction and attachment to the building
or in the ground. Such plans and specifications shall include details
of dimensions, materials, color and weight.
(e)Â
If necessary, a certification from a professional engineer or
registered architect licensed to practice in the State of New York
indicating that the sign is designed to withstand winds of at least
100 miles per hour.
(f)Â
The written consent of the owner of the building, structure
or property on which the sign is to be erected or affixed.
(g)Â
The method of illumination, if any, and the position of lighting
or other extraneous devices and a copy of the electrical permit related
to the electrical connection.
(h)Â
Such other information as the Code Compliance Department may
require to determine full compliance with this and other applicable
ordinances and regulations of the Town.
(3)Â
Issuance of permits. Upon the filing of an application for a sign
permit, the Code Compliance Department shall examine the plans, specifications
and other submitted data and the premises upon which the sign is proposed
to be erected or affixed. If it appears that the proposed sign is
in compliance with all the requirements of this chapter and other
applicable ordinances of the Town and if the application is complete
and the appropriate permit fee has been paid, the Code Compliance
Department shall, within 30 days, issue a permit for the proposed
sign. The issuance of a permit shall not excuse the applicant from
conforming to the other laws, ordinances or regulations of the Town.
If the work authorized under a sign permit has not been completed
within 90 days after the date of issuance, the permit shall become
null and void, but may be renewed within 15 days prior to the expiration,
for good cause shown, for an additional 90 days, upon payment of 1/2
of the original permit fee.
R.Â
Review of existing signs.
(1)Â
Nonrequested inspections. The Code Compliance Department or his authorized
representative shall have the authority, without a formal request,
to inspect any sign for the purpose of identifying those signs which
are not in compliance with the provisions of this chapter.
(2)Â
Requests for inspections. Any person may file a written request with
the Code Compliance Department requesting an inspection of one or
more existing signs as identified in the request and accompanied by
a fee which the Town Board may establish by resolution from time to
time. In each such instance, the Code Compliance Department shall
promptly inspect such sign(s) to determine compliance with the provisions
of this chapter. Following the inspection, the Code Compliance Department
shall make a written report indicating the findings of the inspections
to both the owner of the inspected sign and to the person filing the
request for inspection.
(3)Â
Notice of violation. The Code Compliance Department shall notify,
in writing, each owner of an existing sign found to be in violation
of any provision of this chapter pursuant to inspections made under
this subsection. The notice shall specifically refer to each section
of this chapter under which a violation has been found to exist and
thereupon describe the features of the inspected sign found to be
deficient.
(4)Â
Effect of notice. Upon receipt of a notice of violation for an existing sign, except a legal nonconforming sign as specified in § 185-14G above, the owner of said sign shall have 15 days to correct the violation(s). If the violation(s) is not corrected after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed or repaired forthwith at the expense of the owner of the building or premises on which such sign is located.
S.Â
Removal of certain signs.
(1)Â
Nonconforming signs. If the Code Compliance Department shall find that any nonconforming sign, except for those legal nonconforming signs as specified in § 185-14G, is displayed, the Code Compliance Supervisor or his designee shall give written notice to the owner of the premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.
(2)Â
Obsolete signs. Any sign, whether existing on or erected after the
effective date of this chapter, which advertises or identifies a commercial
use no longer being conducted on the premises on which the sign is
located, shall be removed within 30 days upon cessation of such business
or sale of such product by the owner of the building or premises on
which such sign is located. If the Code Compliance Department shall
find that any such obsolete sign has not been removed within 30 days
upon the cessation of such business or sale of such product, he shall
give written notice to the owner of the building or premises on which
such sign is located. Removal of the sign shall be effected within
15 days after receipt of the notice. If such sign is not removed after
the conclusion of such fifteen-day period, the Code Compliance Department
is hereby authorized to cause the sign to be removed forthwith at
the expense of the owner of the building or premises on which such
sign is located.
(3)Â
Unsafe signs. If the Code Compliance Department shall find that any
sign is unsafe, insecure or is a menace to the public, it shall give
written notice to the owner of the building or premises on which such
sign is located. Correction of the condition which caused the Code
Compliance Department to give such notice shall be effected within
15 days after receipt of the notice. If such condition is not corrected
after the conclusion of such fifteen-day period, the Code Compliance
Department is hereby authorized to cause the sign to be removed forthwith
at the expense of the owner of the building or premises on which such
sign is located. Notwithstanding the foregoing provision, the Code
Compliance Department is authorized to cause any sign to be removed
summarily and without notice, at the expense of the owner of the building
or premises on which such sign is located, whenever it determines
that such sign is an immediate peril to persons or property.
[Added 4-9-2018 by L.L.
No. 5-2018]
A.Â
Intent. It is the intent of these regulations to address signage
in shopping centers located in the Town of Newburgh. Because shopping
centers contain multiple commercial users operating as a unit under
single ownership in both individual and adjoining structures and because
commercial users of shopping centers have varied signage needs and
requirements, it is important to establish comprehensive signage regulations
to ensure that there is a balanced and appropriate quantity and quality
of signage and that such signage presents a uniformity of design and
pleasant appearance. These regulations are the exclusive regulations
governing signage for shopping centers in the Town of Newburgh. In
the event of a conflict between these regulations and any other regulations
governing signage, these regulations shall control.
B.Â
Shopping center signage regulation. Attached wall, suspended wall,
freestanding ground, awning, under canopy and directory signs may
be placed within a shopping center subject to the following conditions:
(1)Â
Attached wall or suspended wall signage (permanent wall signage):
Attached wall or suspended wall signage are signs attached to or erected
on the exterior wall of the building or structure or on a canopy marquee
or similar overhang with the exposed face of the sign in a plane approximately
parallel to the plane of the exterior wall. Wall signs (attached or
suspended).
(a)Â
Sign area for attached wall or suspended wall signs shall be the area contained within sign panel signboard (the flat surface of material upon which letters or other graphic content of a sign are displayed or, if no signboard or panel is present, the area contained entirely within the smallest rectangle or geometric shape which completely encloses the outer extremities of all graphic material of the sign. Where more than one sign is to be placed on a wall, the total sign area shall be calculated by applying the method outlined in Subsection B(1)(d), below, to each sign.
(b)Â
There shall be no limit on the number of the above signs on
a site provided that their aggregate square footage is within the
total allowable area.
(c)Â
Permanent wall signage may be internally or externally illuminated.
If externally illuminated, light shall be shielded to prevent direct
view of the light source.
(d)Â
The maximum allowable sign area for permanent wall signs (attached
or suspended) within the shopping center site (which does not include
freestanding ground signs, vehicular and pedestrian directory signs,
awning signs and under-canopy signs) shall be two square feet of sign
area per linear foot of building facade or front building wall (i.e.,
wall facing the designated primary access drive or parking area) for
each specific business/store except that any business/store over 20,000
square feet may exceed this ratio up to an additional 0.5 square feet
of signage for each lineal foot of building facade or front building
wall so long as additional square footage is deducted from the allowable
sign area for wall signs on sides and rear building walls.
(e)Â
In addition, permanent wall signs on sides and rear building
walls shall be allowed up to one square foot of sign area for each
lineal foot of building wall width (1:1 ratio) measured along those
building walls. See Illustration Figure 1.[1]
[1]
Editor's Note: Said illustration is on file in the Town offices.
(f)Â
The methodology for calculation of total allowable sign areas
as follows and illustrated in Figures la, 1b, 1c and 1d:
[1]Â
Front wall/facades: 2.0 square feet multiplied
by front wall/facade length (linear feet) of the business/store =
maximum allowable signage area for the front facade of that business/store.
[a]Â
For business/stores 20,000 square feet of floor
area or greater, additional sign area for the front wall/facade is
permitted as follows: 2.5 square feet multiplied by front wall/facade
length (linear feet) = maximum allowable sign area for the front wall/facade.
The additional sign area shall be deducted from the maximum allowable
sign area from the side and/or rear walls.
[2]Â
Side and rear walls: 1.0 square feet multiplied
by side and/or rear wall length (linear feet) = maximum allowable
sign area for the side and/or rear walls for each business/store.
(2)Â
Blade signs and under-canopy signs: Blade signs are projecting
signs mounted on a building facade/wall or an armature with the surface
perpendicular to the normal flow of traffic (pedestrian or vehicular).
Under-canopy signs are signs attached to building canopy or awning.
See Illustration Figures 2 and 3.[2]
(a)Â
The maximum sign area per side of a blade or under-canopy sign shall not exceed four square feet. The overall area of blade or under-canopy signs shall not be included in the maximum allowable sign area for permanent signage as noted in Subsection B(2)(d).
(b)Â
One blade or under-canopy sign shall be allowed for each public
entrance into an individual business.
(c)Â
Blade or under-canopy signs may identify the business and may
include logos.
(d)Â
Blade or under-canopy signs shall provide a minimum clearance
of seven feet four inches between the sidewalk surface and the bottom
of the sign.
(e)Â
Blade signs may extend a maximum of 42 inches from the building.
(f)Â
Blade or under-canopy signs may be nonilluminated or internally
or externally illuminated. If externally illuminated, lighting shall
be shielded to prevent a direct view of the light source.
[2]
Editor's Note: Said illustration is on file in the Town offices.
(3)Â
Awning signs: Awning signs are signs mounted or painted on or attached to an awning or canopy. Awning signage shall not be included in the maximum allowable sign area for permanent wall sign signage as noted in Subsection B(1)(d) above.
(a)Â
Awning signs may be nonilluminated or internally or externally
illuminated. If externally illuminated, lighting shall be shielded
to prevent a direct view of the light source.
(4)Â
Freestanding ground signage: A freestanding ground sign is a
sign erected on or permanently affixed directly to the land.
(a)Â
Freestanding ground signage area. The area of a freestanding
ground sign shall be considered to include all lettering, wording,
and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed. The supporting
framework, open or enclosed, may be part of the design, but for the
purpose of this chapter shall not be considered part of the sign area
unless used for lettering, wording, or symbols. Only one side of the
freestanding ground sign is used for the calculation of sign area.
The area of freestanding ground signage shall not be included in the
sign area calculations for any other type of signage.
(b)Â
There are two types of freestanding ground signage:
[1]Â
Pylon signs: Pylon signs are high-profile freestanding
ground signage. The sign is supported by uprights, columns or braces
placed upon or into the ground and detached from any building. Pylon
signs shall include identification panels for individual tenants and
shall identify the project as a whole as illustrated on Figure 4a.[3] Pylon signs shall meet the following criteria:
[a]Â
The maximum allowable sign area for each pylon
sign shall be 450 square feet per side.
[b]Â
The maximum allowable height of a pylon sign shall
not exceed the maximum permitted building height for any building
in the district in which the property is located except no sign shall
exceed 40 feet in height.
[c]Â
Up to two pylon signs may be placed on the property.
One pylon sign shall be located at the main entrance drive for the
shopping center. If a second pylon sign is installed, it must be located
within the property and shall not be installed at a secondary entrance
drive if any. However, the second pylon sign may be visible from surrounding
streets or highways. Locations of pylon signs shall be as shown on
the Master Signage Plan.
[3]
Editor's Note: Said figure is on file in the Town offices.
[2]Â
Monument signs: Monument signs are lower-profile
freestanding ground signage as compared to pylon signs and are permanently
affixed to the ground at its base and not mounted on a pole or exposed
columns. Monument signs may identify the shopping center as a whole
and/or individual tenants as illustrated on Figure 4b.[4] Monument signs shall meet the following criteria:
[a]Â
The maximum allowable sign area for each monument
sign shall be 200 square feet (per side).
[b]Â
The maximum allowable height for a monument sign
shall be 13 feet.
[c]Â
Monument signs shall not include exposed columns
for the support of the sign face. The base of such sign shall be at
least 50% of the dimension of the width of the sign face.
[d]Â
One monument sign per each shopping center entrance
driveway is permitted except that when there is more than one driveway
on the same street, no monument sign shall be permitted on a secondary
driveway if located less than 200 feet from the primary driveway on
that street unless Planning Board deems a monument sign is acceptable
due to site specific conditions. Additionally, no monument sign shall
be located at a main entrance driveway where a pylon sign is located.
Locations shall be as shown on the Master Signage Plan.
[4]
Editor's Note: Said figure is on file in the Town offices.
(5)Â
Vehicular directory signage: Vehicular directory signage are signs which list the names, use, and/or location of the businesses or activities conducted within the shopping center buildings and which are intended to provide directional information for customers in vehicles; vehicular directory signage shall not be included in the maximum allowable sign area for permanent wall sign signage as noted in Subsection B(1)(d) above.
(a)Â
Maximum height: eight feet.
(b)Â
Maximum sign area shall not exceed 30 square feet (excluding
architectural or structural features) per side.
(c)Â
Signs may be internally or externally illuminated subject to
the illumination standards of this chapter. If externally illuminated,
lighting shall be shielded to prevent a direct view of the light source.
(d)Â
Vehicular directory sign locations shall be shown on the Master
Signage Plan.
(e)Â
Vehicular directory signs shall be located so as not to impede
traffic on public rights-of-way and the driveways and entrances serving
the shopping center.
(6)Â
Pedestrian directory signage: Pedestrian directory signage are signs which list the names, use and/or location of the businesses or activities conducted within the shopping center buildings and which are intended to provide directional information for customers on foot. Pedestrian directory signage shall not be included in the maximum allowable sign area for permanent wall signage as noted in Subsection B(1)(d) above.
(a)Â
Maximum height: eight feet.
(b)Â
Maximum sign area shall not exceed 20 square feet (excluding
architectural or structural features) per side.
(c)Â
Signs may be internally or externally illuminated. If externally
illuminated, lighting shall be shielded to prevent a direct view of
the light source.
(d)Â
Pedestrian directory sign locations shall be shown on the Master
Signage Plan.
(7)Â
Motor vehicle service stations signage within shopping centers.
Motor vehicle service station signs shall be subject to the following:
(a)Â
One attached wall, suspended wall or projecting sign may be
placed on each building wall or canopy wall. The maximum allowable
sign area for the sign shall be one square foot of sign area per linear
foot of building wall or canopy face.
(b)Â
One freestanding ground sign may be placed on the premises subject
to the following:
[1]Â
The maximum sign area shall be 100 square feet
per side.
[2]Â
The maximum height shall not exceed the maximum
permitted building height in the district in which the property is
located but shall not exceed 40 feet.
[3]Â
The freestanding sign for the motor vehicle service
station shall be in addition to the quantity of freestanding ground
signs permitted under these regulations.
(c)Â
Service island identification signs. Service island identification
signs indicating the price of gasoline, other relevant information
or directions to persons using the facility, but containing no advertising
material, shall be allowed subject to the following:
[1]Â
There shall be no more than one such sign for each
service island located on the premises.
[2]Â
The maximum allowable sign area for each such sign
shall not exceed eight square feet.
[3]Â
Such signs may only be located attached directly
to the service island structure, if any, or pump.
[4]Â
Such signs shall not project higher than the service
island structure, if any, or pump, whichever is higher.
(8)Â
Temporary nonilluminated banners, signs for promotional or special
events, temporary decorative signs, and banners and pennant signs
which do not include tenant names, products, services or advertisement,
subject to the following conditions:
(a)Â
A maximum of one such temporary banner, sign or pennant per
customer entrance to the building shall be permitted.
(b)Â
Each such temporary sign shall be erected for a maximum total
time period of 20 days in any one calendar year and shall thereafter
be immediately removed.
(c)Â
Such temporary signs are in addition to the other signs permitted
pursuant to these regulations.
(d)Â
Such temporary signs need not be included in the comprehensive
sign plan submitted to the Planning Board and will not require Planning
Board or Architectural Review Board approval. A building permit is,
however, required for such signs.
C.Â
Master Signage Plan.
(1)Â
A comprehensive sign plan shall be submitted to the Planning
Board as part of its site plan and/or special permit approval process
for any shopping center and shall be reviewed and conceptually approved
in conjunction with the Architectural Review Board process. The comprehensive
sign plan shall include sign area boxes representing the wall sign
area for each business or tenant, the design and location of freestanding
signage and directory signage (except specific copy on panels is not
required to be shown). Specific wall sign designs may be included
in the comprehensive sign plan but is not required.
(2)Â
Any retail store or tenant making an application for a sign
permit shall submit with such application evidence that the landlord
or owner of the shopping center has approved the particular signage.
D.Â
Exempt signage. The following signs are exempt from the provisions
of this section:
(1)Â
Signs inside a building, except for strobe lights visible from
a right-of-way, private or public road or other private property.
(2)Â
Building numbers.
(3)Â
Signs carved into or part of materials which are on an integral
and permanent part of the building, noting the name of the building
and its date of erection.
(4)Â
Painted wall decorations, painted scenes and painted wall highlights
that present no message or indication of a use and are meant strictly
for artistic, decorative or design use or enhancement, provided such
decorations, scenes or highlights have been presented to, reviewed
and approved by the ARB.
(5)Â
Public and/or governmental signs, including traffic control
or similar regulatory devices.
(6)Â
Flags and insignia of any government, except when displayed
in connection with a commercial promotion.
(7)Â
Nonilluminated warning signs, not exceeding two square feet
per face.
(8)Â
Temporary nonilluminated "for sale" or "for rent" real estate
signs concerning the premises upon which the sign is located:
(a)Â
One such sign will be permitted for each street frontage per
property, not exceeding six square feet per side; the top of the sign
shall be no higher than six feet above the ground, and it shall be
no closer than 10 feet to any property line.
(b)Â
All such signs shall be removed within three days after the
sale, lease or rental of the premises.
(9)Â
Holiday decorations, displayed for a period of not more than
seven consecutive weeks and not more than 10 weeks in total during
any calendar year.
(10)Â
Temporary, nonilluminated window signs and posters not exceeding
30% of the window surface.
(11)Â
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, handicap parking,
special parking zones, one-way, truck routes, etc., entrances and
exits and similar signs, nonilluminated, not exceeding four square
feet per face and six feet above the ground, except in cases where
such sign is regulated by local, county, state or federal regulation
such regulation shall govern.
[Amended 8-16-2010 by L.L. No. 6-2010]
A.Â
A permitted accessory building may be located in any required side
or rear yard, provided that:
(1)Â
Such building, except for farm purposes, shall not exceed 15 feet
in height.
(2)Â
Such building shall be set back at least five feet from any side
or rear lot line and at least 10 feet from the main building.
(3)Â
Such building shall not occupy more than 10% of the required yard
area in which it is proposed to be situated.
(4)Â
An accessory use to a principal residential use, as listed in Article IV, Schedules of District Regulations, Use Table, Column A, that is housed within an accessory building shall be limited to a maximum of 1,000 square feet or to a lower number as may be determined by the following formula:
A + (B X C) = D
        100
| ||||
---|---|---|---|---|
Where:
| ||||
A
|
=
|
Gross area of lot in square feet.
| ||
B
|
=
|
Livable floor area of residence in square feet.
| ||
C
|
=
|
Minimum requirement in the zoning district for one side yard,
in feet.
| ||
D
|
=
|
Total square footage permitted for all accessory buildings.
|
B.Â
No such building shall project closer to the fronting street than
the front of the main building. This regulation shall not apply when
the fronting street is the right-of-way of Interstate Route 87 or
Interstate Route 84.
[Added 2-10-2014 by L.L. No. 2-2014]
A.Â
Permitted locations.
(1)Â
The placement of a cargo container as an accessory storage use
is limited to the following zoning districts and overlay district:
(2)Â
The placement of cargo containers for storage is further limited
to lots in the above-identified zoning districts only if the lot upon
which the cargo container is proposed to be located falls within a
use classification in the applicable Table of Use and Bulk Requirements[1] for which cargo storage container is identified as a permitted
accessory use and does not contain an accessory storage building.
[1]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
B.Â
Cargo containers are not permitted to be used for accessory storage
on property zoned residential or on property, the primary use of which
is residential.
C.Â
Notwithstanding the provisions set forth in Subsection B of this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties, the primary use of which are residential, for the limited purpose of loading and unloading household contents, shall be permitted for a period of time not exceeding 90 days per residence in any one calendar year.
D.Â
Notwithstanding the provisions set forth in Subsections A, B and C of this section, construction contractors may use cargo containers for the temporary location of an equipment and/or materials storage structure during the period the contractor is engaged in construction on the property where the cargo container is located. If construction ceases or is abandoned, the cargo container must be removed from the property.
E.Â
A permitted accessory cargo storage container may be located in any
required side or rear yard, provided that:
(1)Â
Such cargo storage container shall not exceed 10 feet in height.
(2)Â
Such cargo storage container shall be set back at least 20 feet
from any side or rear lot line or 50 feet from a side or rear lot
line adjacent to a residence district or lot in residential use and
at least 10 feet from the main building.
(3)Â
Such cargo storage container shall not occupy more than 10%
of the required yard area in which it is proposed to be situated.
(4)Â
A maximum of one cargo storage container shall be permitted
on each lot.
(5)Â
Accessory cargo storage containers shall have a maximum of 320
square feet of floor area.
(6)Â
Yards having a line bounding on the right-of-way of Interstate 87 or Interstate Route 84 shall not be considered front yards for purposes of this § 185-15.1.
(7)Â
If visible from any adjoining lot or any bounding street right-of-way
at any time during the year, an accessory cargo storage container
shall be appropriately screened with either landscaping, so as to
provide an opaque sight barrier at least equal to the height of the
container, or by an opaque fence or similar barrier of equal height.
(8)Â
A solid, firm base surface shall be provided for the cargo storage
container capable of sustaining the load of the cargo storage container
and its contents.
(9)Â
The cargo storage container shall have exterior doors or a roll-up
door which shall be kept closed except during the placement and removal
of stored items.
(10)Â
The siting of the cargo storage container shall comply with Chapter 157, Stormwater Management, and the cargo storage container shall not be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows.
(11)Â
No additions or attachments shall be affixed to the cargo storage
container, including but not limited to decks or lean-tos.
(12)Â
The color of the exterior walls of the cargo storage container
shall closely resemble the main color of the principal building.
(13)Â
The cargo storage container shall not be used to store hazardous
materials, and no refuse or debris shall be placed in, against, on
or under the cargo storage container.
(14)Â
The cargo storage container may not occupy any required off-street
parking spaces or loading/unloading areas or fire lanes in any district.
F.Â
A permit shall be required prior to the placement of an accessory cargo storage container on a lot, except for the temporary placement of transport containers and/or portable site storage containers on properties, the primary uses of which are residential, for the limited purpose of loading and unloading household contents pursuant to Subsection C above. An application for a permit shall be made to the Code Compliance Department. The application shall be accompanied by the following:
(1)Â
Five copies of a detailed plan showing the proposed location
of the accessory cargo storage container, including, but not limited
to, setbacks from the property lines and other structures on the property.
(2)Â
Details regarding the cargo container, including, but not limited
to, height, width, length, floor area and color.
(3)Â
Method of screening.
(4)Â
Such other information as the Code Compliance Supervisor may
require to adequately review an application.
(5)Â
Permit fee, as adopted by resolution of the Town Board.
G.Â
Nothing herein shall be construed to restrict the use or cargo containers
for agricultural operations.
A.Â
Fences and walls shall be permitted in any yard or
along the edge of a yard; however, no fence shall be erected within
the right-of-way of a public road.
B.Â
Within any residence district, fences or walls within
required front or side yard areas shall not exceed six feet in height
from ground level.
C.Â
No fences and walls shall be permitted in locations
where they will interfere with adequate sight distance for vehicles
exiting from a driveway on the parcel where the wall or fence is to
be constructed or from driveways on neighboring property.
A.Â
Front yard setbacks are required on both street frontages,
and one yard other than such front yards shall be deemed to be the
rear yard, and the other yard shall be the side yard.
B.Â
At all street intersections no obstructions to vision,
such as but not limited to shrubbery, low-branching trees, finished
grade of earth, earthwork in progress, berms, fences, walls, signs
or vehicles shall be erected or permitted to a height in excess of
two feet within the triangle formed by the intersecting street lines
and a line drawn between points along such street lines 40 feet distant
from their point of intersection. Existing trees with branches which
are trimmed away to a point up to 10 feet above the ground area may
be allowed in this area. Tree branches 10 feet above the ground and
higher may also be allowed to encroach on the area.
[Amended 9-23-1998 by L.L. No. 10-1998]
"A" equals street lines extended. If the radius
of the street corner is greater or less than 20 feet, the length "B"
shall be reduced or increased by an equal amount such that length
"C" remains constant at 40 feet.
|
A.Â
Nonconforming lots of record.
(1)Â
Existing lots. Nothing shall prohibit the use of a
lot of less than the prescribed area or width when such lot is owned
individually and separate from any adjoining tract at the time of
enactment of this chapter, provided that all other provisions of this
chapter are met.
(2)Â
Subdivisions.[1] Two or more nonconforming subdivision lots, not in separate
ownership, in a subdivision which was approved by the Planning Board
prior to the effective date of this chapter shall have three years
from the effective date of this chapter to obtain a building permit.
(3)Â
Future amendments.[2] In the event of a change or an amendment to this chapter,
the provisions of which establish or increase either lot area or lot
dimensions to exceed the lot areas or the lot dimensions of the lots
shown and delineated on a subdivision plat of land into lots for residential
use, and which said subdivision plat also shows and delineates one
or more new streets, roads or highways in addition to lot lines and
dimensions of the lots thereon delineated and which said subdivision
plat has been duly approved by the Planning Board and which said subdivision
plat or the first section thereof has been duly filed in the office
of the County Clerk of the County of Orange, or the provisions of
which establish or increase side, rear or front yard or setback requirements
to exceed those applicable to the building plots under the provisions
of the Zoning Law in force and in effect at the time of the filing
of said subdivision plat or the first section thereof, then the lots
contained therein shall have three years from the effective date of
such change or amendment to obtain a building permit. Following such
a three-year period, said subdivision, part or lots thereof not subject
to a valid building permit shall be resubmitted to the Planning Board
for approval in full conformity with the provisions of this chapter.
B.Â
Height regulations. The height limitations of these
regulations may be waived for structures such as, but not limited
to, silos and private home antennas and for the following roof-mounted
facilities, provided that such facilities do not cover in excess of
10% of the total area of the roof on which they are situated: flagpoles,
spires, belfries, chimneys, transmission towers, skylights, water
or cooling towers and elevator penthouses.
C.Â
Yard requirements.
[Amended 3-5-2007 by L.L. No. 1-2007]
(1)Â
Yard requirements shall not apply to:
(a)Â
Chimneys, open trellises, unroofed steps or
terraces not higher than one foot from ground level.
(b)Â
Overhanging roof that does not project into
the required yard over 10% of the required setback distance.
(c)Â
Awning or movable canopy that does not project
over 10 feet into a required yard area.
(d)Â
Fences or walls.
(e)Â
Infrastructure installed in connection with
an approved site plan including walkways, curbs, fire lanes, driveways
and other site access, railings, pump stations, meter pits, septic
systems, lighting, electrical service equipment, stormwater management
facilities, including but not limited to detention basins, dumpster
enclosures, traffic control signs and similar facilities.
(f)Â
Off-street parking except where otherwise prohibited.
(2)Â
If two or more existing dwellings are located within
200 feet on each side of a proposed dwelling and on the same side
of the street within the same block and district, said proposed dwelling
need not have a front yard greater than the average setback of all
existing dwellings so located.
(3)Â
The minimum width of each required side yard for a
residential use on an existing lot providing less than the required
lot width shall be reduced by 15 feet for lots in the R-1, AR and
RR Districts and reduced by five feet for lots in the R-2 and R-3
Districts.
(4)Â
Additional yard requirements.
(a)Â
No building or structure shall be placed within
80 feet of the center line of Rock Cut Road, Drury Lane, Forest Road,
Union Avenue (from the New Windsor line north to Union Avenue Extension),
Union Avenue Extension or Plattekill Turnpike.
(b)Â
Front yards abutting all county and state highways
shall be at least 60 feet in depth, except where the majority of existing
buildings on either side of the road within 300 feet from the intersection
of the nearest property line and street line are of a lesser average
depth. In such case, the front yard depth shall be 50 feet or the
average of all lot depths within said 300 feet, whichever is greater.
(c)Â
For all new development projects, the first
35 feet of the front yards of all properties fronting on Route I7K
from the City of Newburgh west to the Town of Montgomery shall be
landscaped. Private service or marginal roads (except for access driveways)
and parking of vehicles shall not be permitted in these landscaped
areas. The thirty-five-foot dimension shall be expanded to 45 feet
for all properties on Route 17K which lie within 350 feet of the intersections
of center lines of intersecting streets.
(5)Â
Additional side and rear yard requirements for lots
adjacent to residence districts.
(a)Â
A side or rear yard in the B, IB and I Districts
adjacent to a residence district and required to contain a buffer
shall have a minimum width or depth in accordance with the following
table, which supersedes the Table of Use and Bulk Requirements.[3] The Planning Board shall have the authority in its reasonable
discretion to increase the minimum yard width or depth set forth in
the following table if it determines a proposed use will have adverse
effects on an existing residential neighborhood.
Minimum Adjacent Side and Rear Yard Requirements
Table for Lots in the B, IB and I Zones Abutting Residential Zones
| ||||
Minimum Side/Rear Yard Adjacent to Residential
Zone
| ||||
Building
size***
|
B
|
IB and I
| ||
Total building floor area less than 30,000 sq.
ft.
|
The greater of the minimum required yard set
forth in the B District Table of Bulk and Use Requirements - Schedule
7, or 25 feet*
|
100 feet*
| ||
Total building floor area 30,000 to 49,999 sq.
ft.
|
75 feet*
|
125 feet*
| ||
Total building floor area 50,000 to 74,999 sq.
ft.
|
100 feet*
|
125 feet*
| ||
Total building floor area 75,000 to 99,999 sq.
ft.
|
125 feet*
|
150 feet*
| ||
Total building floor area 100,000 to 124,999
sq. ft.**
|
175 feet*
|
175 feet*
| ||
Total building floor area 125,000 to 249,999
sq. ft.**
|
185 feet*
|
185 feet*
| ||
Total building floor area 250,000 to 500,000
sq. ft.**
|
200 feet*
|
200 feet*
| ||
Total building floor area greater than 500,000
sq. ft.**
|
225 feet*
|
225 feet*
|
NOTES:
| ||
*
|
Add two feet to the minimum side/rear yard setback
for each one foot in height above 35 feet. If there is more than one
building on the lot, the height of the tallest building within 250
feet of the residential zone shall be utilized in the calculation.
| |
**
|
If a barrier conforming to § 185-21D(4) below is provided, the minimum side or rear yard setback for the yards containing the barrier abutting residential zones is 150 feet.
| |
***
|
Total building floor area shall mean the aggregate
floor area of all buildings, including accessory buildings, on the
lot, or in the case of shopping centers, retail stores, restaurants,
eating and drinking places, offices and business parks, the floor
area of all buildings on the lot and on lots with adjoining parking
areas, where any portion of the building is within 250 feet of a residential
district boundary. For purposes of this provision, adjoining parking
areas shall mean parking areas with lanes or spaces within 50 linear
feet of each other, connected by easement or right-of-way or under
common management or control.
|
[3]
Editor's Note: Said Table is included at the end of this chapter.
(b)Â
Exceptions.
[1]Â
Residential uses permitted or permitted subject to site plan review in the B, IB and I Districts, including but not limited to active adult communities, assisted living facilities, independent living facilities and continuing care retirement communities, and abutting residential districts shall be subject to a minimum setback equal to the lesser of the minimum setbacks set forth in the Table in § 185-18C(5)(a) above or 75 feet in the B District and 90 feet in the IB and I Districts; provided, however, that if the building height exceeds 40 feet, the minimum setback shall be 75 feet. Affordable senior housing in the B, IB and I shall be subject to a minimum setback equal to the lesser of the minimum setbacks set forth in the Table in § 185-18C(5)(a) above or 65 feet; provided, however, that if the building height exceeds 40 feet, the minimum setback shall be 75 feet.
[2]Â
Notwithstanding anything to the contrary herein,
townhouses accessory to marinas shall be subject to the same bulk
requirements as marinas.
[3]Â
The additional side and rear yard requirements
set forth herein for lots adjacent to residential districts shall
not apply to the boundaries with one or more parcel(s) in a residence
district if:
[a]Â
The abutting residentially zoned
parcel is owned by a federal, state or municipal government and not
utilized for housing, or
[b]Â
The abutting residentially zoned
parcel is used solely for nonconforming business or industrial uses.
Nonconforming business or industrial uses shall not be deemed to include
vacant, undeveloped land, agricultural uses or partial residential
uses; or
[c]Â
The adjacent yard of the abutting
residentially zoned parcel contains protected wetlands which exceed
the width of the additional side or rear yard requirement so that
no residence can be constructed at a distance closer than the additional
yard requirement plus the residence district's minimum yard requirement.
[4]Â
If a parcel is divided by the boundary of a
residence district, the required additional side or rear yard shall
be measured from the parcel boundary rather than the district boundary,
provided the residential portion is restricted from future residential
development.
(c)Â
No accessory uses or structures shall be permitted in the minimum setback area of such side and rear yards except those items set forth in § 185-C(1) above. Required buffers within those minimum setback areas, however, shall be subject to the additional restrictions set forth in § 185-21C(2) below.
D.Â
Temporary construction office. A permit may be issued
by the Building and Code Enforcement Officer upon application for
permission to use a transportable or wheeled office on any premises
for the exclusive use of personnel engaged in the construction of
any structure or site improvement on the premises and for the storage
of tools, materials and equipment, provided that a valid building
permit for said construction has been previously issued and is still
in force, and provided further that said office shall not be used
for sleeping or living quarters or any purpose other than that related
to said construction. Said permit shall expire six months from the
date of issuance but may be renewed for two additional six-month periods
if the Building and Code Enforcement Officer finds that construction
has been diligently pursued and circumstances justify an extension.
E.Â
Single-family detached dwelling wheelchair ramps.
Notwithstanding any other provision of this Chapter, the front yard,
rear yard, side yard, building coverage, lot surface coverage and
other bulk requirements of this Code shall not apply to wheelchair
ramps and appurtenant handrails and grab bars serving a single-family
detached dwelling, provided that the distance between the most proximate
point of the base of the wheelchair ramp at grade and the nearest
edge of pavement of any street shall not be less than 10 feet.
[Added 4-5-2004 by L.L. No. 2-2004]
The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter,
unless otherwise provided, which buildings and uses do not conform
to the requirements set forth in this chapter; to all buildings and
uses that become nonconforming by reason of any subsequent amendment
to this chapter and the Zoning Map which is a part thereof; and to
all conforming buildings housing nonconforming uses.
A.Â
Nonconforming uses. A nonconforming use may continue
indefinitely, subject to the following provisions:
(1)Â
Alterations. A nonconforming use shall not be enlarged, extended, reconstructed or restored, except in accordance with Subsection B(2) herein, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)Â
Displacement. A nonconforming use shall not be extended
to displace a conforming use.
(3)Â
Changes in use. A nonconforming use shall not be changed
to another nonconforming use without a special permit from the Board
of Appeals, and then only to a use which, in the opinion of said Board,
is of the same or a more restricted nature.
(4)Â
Discontinuance. A nonconforming use shall not be reestablished
if such use has been discontinued for any reason for a period of one
year or more or has been changed to or replaced by a conforming use.
Intent to resume a nonconforming use shall not confer the right to
do so.
(5)Â
District changes. Whenever a zoning district boundary
shall be changed so as to transfer an area from one district to another
district, the foregoing provisions shall also apply to any nonconforming
uses existing therein or to any uses that may become nonconforming
thereby.
B.Â
Nonconforming buildings. A nonconforming building or a building housing a nonconforming use shall not be modified in any way described below, except as provided in Subsection C below:
(1)Â
Relocation. A nonconforming building or structure
shall not be moved to another location where such building or structure
would also be nonconforming, unless such movement would decrease the
nonconformity.
(2)Â
Restoration after damage. A nonconforming building
shall not be restored for other than a conforming use after damage
of more than 50% from any cause, unless a prior nonconforming use
is reinstated within one year of such damage; if the restoration of
such building is not completed within said one-year period, any prior
nonconforming use of such building shall be deemed to have been discontinued,
unless such nonconforming use is carried on without interruption in
the undamaged portion of the building. No enlargement of a nonconforming
building shall be permitted as part of an allowed restoration.
C.Â
Nonconformity with bulk requirements.
[Amended 9-23-1998 by L.L. No. 10-1998]
(1)Â
Maintenance, repair, structural alteration, relocation,
reconstruction or enlargement. Normal maintenance and repair, structural
alteration, relocation, reconstruction or enlargement of a building
which does not house a nonconforming use, but is nonconforming as
to district regulations for lot area, lot width, lot depth, front,
side or rear yards, building height, lot coverage, habitable floor
area or other such dimensional regulation, is permitted if the same
does not increase the degree of or create any new nonconformity with
such regulations in such buildings.
(2)Â
Change in use. A change of use to a conforming use
subject to site plan review of the Planning Board of a building which
remains nonconforming as to the district regulations for bulk shall
not be permitted without an area variance from the Zoning Board of
Appeals and site plan approval by the Planning Board in accordance
with the requirements of this chapter. All other changes in use of
existing sites or buildings to a use subject to site plan review by
the Planning Board shall not be permitted without site plan approval,
except that for buildings or areas under 2,500 square feet, it shall
be the Planning Board's determination as to whether a review by the
Planning Board is or is not required. Such determination shall be
made by resolution of the Planning Board following a discussion during
a scheduled meeting or work session.
(3)Â
A building which received a certificate of occupancy on or before January 1, 2007, and which does not house a nonconforming use, but is nonconforming only as to district regulations for additional side or rear yard dimensions pursuant to § 185-18C or buffers pursuant to § 185-21 is permitted to be enlarged so long as the expansion is no closer to the boundary with the residential district than the existing building, the expansion has obtained all required approvals from the Planning Board on or before January 1, 2012, and is subject to buffer requirements imposed by the Planning Board pursuant to § 185-21C(6). Such a building expansion shall not be deemed an increase in the nonconformity of the building.
[Added 3-5-2007 by L.L. No. 1-2007]
D.Â
Normal maintenance. Nothing in this chapter shall
be deemed to prevent normal maintenance and repair of any building
or the carrying out, upon the issuance of a building permit, of major
structural alteration or demolition in the interest of public safety.
In granting such a permit the Building and Code Enforcement Officer
shall state the precise reason why such alteration or demolition was
deemed necessary.
E.Â
Cessation. Each of the nonconforming uses specified
below is deemed to jeopardize the safety of neighbors, the orderly,
proper development and maintenance of adjacent neighborhoods or the
established character and the objectives of the Master Plan of the
Town for the district within which such use is located and is, therefore,
injurious to the general welfare of the district and the Town. Each
such nonconforming use shall be terminated on or before the expiration
of the specified period of time after the effective date of this chapter,
which period of time is specified for the purpose of permitting the
amortization of the remaining value of such use, if any:
(1)Â
Nonconforming uses of open land.
(a)Â
In any district, any preexisting nonconforming
use of open land, including but not limited to such uses as borrow
pits, dumps, filling of land, fuel tanks, junkyards and motor vehicle
junkyards, motor vehicle leasing, motor vehicle sales, off-street
parking, outdoor storage of motor vehicles, trailers, building supplies,
raw materials, finished products or machinery and equipment, quarrying,
removal of sand and gravel, stripping of land and transportation facilities,
including truck and bus terminals, may be continued for three years
after the effective date of this chapter, provided that, after the
expiration of that period, such nonconforming use shall be terminated.
Specifically exempt from this requirement are the following uses:
agricultural operations, outdoor storage of farm equipment and cemeteries.
(b)Â
In any district, any permitted use of open land
that is not screened with dense evergreen plantings or an opaque fence
according to the requirements of this chapter, including but not limited
to such uses as borrow pits, dumps, filling of land, fuel tanks, junkyards
and motor vehicle junkyards, motor vehicle leasing, motor vehicle
sales, off-street parking, outdoor storage of motor vehicles, trailers,
building supplies, raw materials, finished products or machinery and
equipment, quarrying, removal of sand and gravel, stripping of land,
transportation facilities, including truck and bus terminals, and
interchange business district and industrial business district uses
adjacent to a residence district may be continued for three years
after the effective date of this chapter, provided that, after the
expiration of that period, such use with nonconforming screening or
buffering shall be terminated unless the Planning Board determines
that adequate screening of such use has been provided prior to that
time. Specifically exempt from this requirement are the following
uses: agricultural operations, outdoor storage of farm equipment and
cemeteries.
(c)Â
Notwithstanding anything to the contrary herein, new standards and requirements for screening and buffers established by the amendment to this Code enacted as Local Law No. 1 of 2007 shall not apply to existing uses of open land, including but not limited to off-street parking and outdoor storage, which are in conformity with this Code immediately prior to the date of enactment of said local law, and site plans finally approved and filed in accordance with § 185-58 prior to the effective date of said local law, provided such approval has not lapsed.
[Added 3-5-2007 by L.L. No. 1-2007]
(2)Â
Nonconforming signs. In any district, any sign not
of a type permitted, or of a permitted type but greater than the maximum
permitted size, may be continued for a period of one year following
the effective date of this chapter, provided that, after the expiration
of that period, such nonconforming sign shall be terminated.
(3)Â
Individual mobile homes. In any district, any nonconforming
use of an individual mobile home on its own lot may be continued after
the effective date of this chapter, provided that said mobile home
is not replaced by another mobile home.
(4)Â
Nonconforming mobile home courts. In any district, any mobile home court not in full conformity with the provisions of § 185-23B of this chapter may be continued for 10 years following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated unless the mobile home court has been brought into full conformity with the provisions of § 185-23B of this chapter in all respects except area of the overall parcel of the mobile home court.
(5)Â
Nonconforming petroleum bulk storage facilities. In any district, any petroleum bulk storage facility not in full conformance with the provisions of Article IV, Schedules of District Regulations, of this chapter may be continued for five years following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated unless the facility has been brought into full conformity with the provisions of § 185-39 of this chapter and the Zoning Board of Appeals has granted a variance for any noncompliance with Article IV, Schedules of District Regulations, of this chapter.
Any privately owned water supply, storm drainage
or sewage disposal system shall be constructed in strict compliance
with the requirements of the Orange County Department of Health, the
New York State Department of Environmental Conservation and all other
applicable agencies, with the following procedures:
A.Â
When a well is proposed to supply a privately owned
water system serving more than one home, all existing wells within
500 feet shall be monitored, if possible, during any required pumping
test. In the event of interference, adequate mitigating measures shall
be the responsibility of the applicant.
B.Â
Design and construction of any privately owned community
water supply or sewer system shall conform to the requirements of
the Town Engineer as to adequacy for a municipal system and compatibility
with other systems. A program for regular maintenance and inspection
shall be included.
C.Â
The ownership, organization and operating program
for any privately owned water or sewer system not offered for dedication
to the Town shall be approved by the Town Board. Any such system shall
be required to post performance and maintenance bonds as determined
by the Town Board.
D.Â
Sewer and water service areas and potential districts
shall be determined for any such privately owned system for the benefit
of the Town, in the event that such system should become a municipal
system.
[Amended 7-10-2000 by L.L. No. 3-2000; 3-5-2007 by L.L. No.
1-2007]
A.Â
Purposes. Buffers and screening allow for the more
orderly transition from residential uses to nonresidential uses which
are adjacent or in proximity and between different types of residential
uses. In addition, they protect the public health, safety, and general
welfare by minimizing noise, air, dust, and visual pollution, reduce
the heat and glare absorbed and radiated by development, preserve
property values and the character of neighborhoods, help to control
soil erosion and stormwater runoff, and improve the aesthetic appeal
of the Town. Furthermore, in the community's experience, noise generated
by parking areas, including car door slammings, engine start-ups,
car pass-bys, slow-moving delivery trucks, customers conversing, car
stereos, occasional car alarms and horns, as well as maintenance activities
such as sweeping and snow removal, becomes cumulatively excessive
and offensive to nearby residences, particularly in evening hours,
as the size of the parking area expands. Similarly, headlight glare
increases with the size of the parking area as well as levels of usage.
Large parking areas can also be large generators of auto exhaust as
people search for parking spaces. Accordingly, this section also requires
additional buffering to adjacent residential uses when parking area
sizes reach certain levels.
B.Â
Screening requirements. Screening requirements shall
apply as follows:
(1)Â
Rooftop and ground-level mechanical equipment shall
be screened from view through the use of landscaping and/or building
design where the Planning Board determines it appropriate.
(2)Â
Screening of playgrounds, parking and service areas, loading facilities, outdoor storage areas, hotels, motels and their accessory restaurants' parking, garage areas, delivery or service yards and outdoor active recreation areas shall comply with the requirements set forth elsewhere in this chapter and the standards herein. The Planning Board may in its discretion require proposed dumpster locations, garbage collection areas, utility boxes and similar site elements to be appropriately screened. In addition to the screening requirements set forth in § 185-57I(5), the Planning Board shall have authority in its discretion to require reasonable screening of parking and service areas from other public points of view and nearby residences, and to require the division of a proposed parking area into smaller parking areas with perimeter plantings around each area.
(3)Â
Cellular towers, accessory structures that house the backup to such towers, and public utility transformers shall be screened and landscaped with a minimum of 10 feet on all sides (see Chapter 168).
(4)Â
Vegetative screening at least 10 feet in width shall be provided adjoining the public thoroughfare from which no access is planned or permitted for any lot for single-family or multiple-family use having both its front and rear lot lines abutting a public thoroughfare, subject to the requirements of § 185-17 for corner lots.
(5)Â
Residential uses that are required to be buffered from other residential uses, as listed in § 185-21D(3) below, and which contain yards adjacent to a state or County highway or a Town collector road shall include a minimum of 50 feet of vegetative screening in the area of the yard closest to the highway or collector road and shall be bermed when the Planning Board determines it appropriate in order to protect the residents from highway noise, headlight glare or auto exhaust.
(6)Â
Stormwater management areas such as detention and
retention basins shall be fenced. Stormwater management areas shall
also be reasonably screened from public roads and adjacent residences
unless designed to appear naturalistic in appearance. The Planning
Board shall have authority to designate the type of fencing.
C.Â
Applicability and general standards for buffers. Where
vacant land is developed or reuse is proposed, buffers shall be required
between dissimilar districts or uses.
(1)Â
A buffer must be provided between any nonresidential
and residential use, and between single-family and multiple-family
uses.
(2)Â
No use or structure (except for those expressly authorized in this section), parking, light, sign, or outdoor storage shall be located within the buffer area. Fences, walls, barriers, underground infrastructure, provided it does not prevent surface vegetation growth, landscaping, paved pedestrian and vehicular site access, driveways and related traffic control signs, curbs, railings and streetlighting meeting the requirements of § 185-21E(10) below and as perpendicular to the buffer as feasible, are permitted within the buffer area.
(3)Â
Landscaped areas contained within required buffers may be used in meeting the landscaping requirements of this chapter, except internal parking area landscaping required pursuant to § 185-13D(9).
(4)Â
The Planning Board, at its discretion, may determine that preservation and maintenance of existing vegetation within the minimum buffer will satisfy the requirements of this section, provided the existing vegetation provides as great or greater density and screening than the guidelines for suggested buffer materials referred to in § 185-21E at full growth. The Planning Board may rely upon a certification by an arborist who has demonstrated knowledge and competency through obtainment of the current International Society of Arborculture arborist certification or who is a member of the American Society of Consulting Arborists or by a licensed landscape architect, provided such arborist's or landscape architect's experience and qualifications are acceptable to the Planning Board, that the existing vegetation provides greater density and screening than the guidelines for suggested buffer materials referred to in § 185-21E at full growth in making its determination.
(5)Â
As part of a site plan or plat, an alternative buffer
may be reviewed and approved by the Planning Board, provided that
it meets the intent of this section while recognizing unique conditions
such as the actual proposed layout of building and parking areas,
site conditions (for example, existing trees, topography or wetlands),
and use of the property and adjacent properties. The Planning Board,
however, shall have no authority pursuant to this section to reduce
the required width of the buffer or the height, length or useful life
of barriers or alternative structures utilized to reduce minimum yard
requirements or those buffer requirements which are otherwise subject
to the Planning Board's discretion.
(6)Â
As part of an amendment to a previously approved site
plan or plat, the Planning Board may, at its discretion, require some
or all of the buffering standards.
(7)Â
Buffer materials (including topography and where berms
are proposed) are to be illustrated on an approved plan, within the
dimensions of the permanent buffer area.
(8)Â
Buffers are to be installed as soon as possible, so plants can be established and screening achieved. The Planning Board shall require that buffer landscaping be secured in accordance with § 185-57L.
(9)Â
Gaps in buffers may be provided in the minimum width
necessary for safety purposes for driveways and entry roads, provided
that the requirements of § 185-21E(12) below are met.
(10)Â
No grading or other development activity which destroys vegetation shall be performed in required buffers unless for a use or structure permitted in the buffer pursuant to § 185-21C(2) above and conducted with the permission of the Planning Board.
(11)Â
Plans for landscaped areas within buffers shall
be prepared by a licensed landscape architect or an arborist who has
demonstrated knowledge and competency through obtainment of the current
International Society of Arborculture arborist certification or who
is a member of the American Society of Consulting Arborists, unless
the Planning Board waives such requirement.
D.Â
Buffer width requirements.
(1)Â
This subsection presents two tables setting forth
minimum buffer widths. The Minimum Buffer Strip Requirement Table
sets forth minimum buffer widths for zones abutting residential zones
and the Buffer Requirements from Residential Uses in Residential Districts
for Separate Land Uses Table sets forth minimum buffer widths for
certain uses abutting residential uses. The larger of the two width
requirements shall be used in determining the minimum buffer width
for property boundaries which are subject to both requirements, unless
a width is otherwise specified elsewhere in this chapter.
(2)Â
The Minimum Buffer Strip Requirement Table presents
the minimum buffer widths that are required between differing districts.
Minimum Buffer Strip Requirement Table*
| |||
Abutting Zone
| |||
Zoning Districts Requiring Buffers
|
Residential Districts
|
Residential Districts
| |
Business (B) District
|
1/2 the minimum rear or side yard setback of
the yard containing the buffer up to a maximum of 50 feet
| ||
Interchange Business (IB) District
|
75 feet
| ||
Industrial Business (I) District
|
75 feet
|
NOTE:
| ||
*
|
Refer to the Buffer Width Requirements from
Residential Uses for Separate Land Uses Table for minimum buffer widths
between specific uses and residential uses.
|
(a)Â
Exceptions.
[1]Â
Residential uses permitted or permitted subject
to site plan review in the B, IB and I Districts shall be subject
to a minimum buffer width requirement for rear and side yards which
is the same as for multifamily dwellings in the R-3 District.
[2]Â
No buffer shall be required for boundaries with
properties in residence districts if:
[a]Â
The abutting residentially zoned
parcel is owned by a federal, state or municipal government and not
utilized for housing; or
[b]Â
The abutting residentially zoned
parcel is used solely for nonconforming business or industrial uses.
Nonconforming business or industrial uses shall not be deemed to include
vacant land, agricultural uses or partial residential uses; or
[c]Â
The adjacent yard of the abutting
residentially zoned parcel contains protected wetlands which exceed
the width of the additional side or rear yard requirement so that
no residence can be developed at a distance closer than the additional
yard requirement plus the residence district's minimum yard requirement.
(3)Â
The Buffer Width Requirements from Residential Uses
in Residence Districts for Separate Land Uses Table presents buffer
widths between specific land uses and residential uses. Section 185-25E
below addresses vegetation and material requirements within buffers.
[Amended 8-27-2008 by L.L. No. 5-2008; 6-7-2010 by L.L. No. 4-2010]
Buffer Width Requirements from Residential
Uses in Residential Districts for Separate Land Uses Table
| ||
---|---|---|
Buffer Width From Residential Uses*
(feet)
|
Separate Land Use Descriptions
| |
30
|
Golf courses; single-family dwelling cluster
developments; places of worship
| |
40
|
Public facilities including playgrounds; recreational
facilities; multiple-family dwellings and townhouses**; active adult
communities; assisted living facilities; continuing care retirement
communities single-family attached, two-family and multifamily dwelling
cluster developments; affordable senior citizen housing; community
residences for the disabled; townhouses accessory to marina uses;
membership clubs (nonrecreational)
| |
50
|
Public swimming pools; day-care facilities;
landscape and wholesale plant nurseries; funeral homes; and marinas
| |
60
|
Commercial uses with higher vehicle activities,
including but not limited to vehicle repair, vehicle sales and service
stations; facilities with drive-up windows; car washes; hotels and
motels; shopping centers; light manufacturing and research facilities;
mobile home courts; education facilities in the Education Facility
Overlay District; membership clubs (with recreational facilities);
veterinarians' offices, commercial kennels; any nonresidential use
with parking for between 250 and 400 vehicles; self-storage facilities
in the Self-Storage Center Overlay District
| |
85
|
Nonresidential uses associated with cluster
developments; hospitals and nursing homes; substance abuse rehabilitation
homes; any nonresidential use with parking for between 400 and 500
vehicles
| |
100
|
Heavy industrial uses; heavy manufacturing;
truck terminals; vehicular sales; equipment sales; facilities with
outdoor storage; any use with parking for more than 500 vehicles;
facilities with more than one loading dock within 200 feet and facing
a yard adjacent to residential; public utility plants and substations;
buildings over 50,000 sq. ft. in area; light and heavy industrial
equipment and recreational vehicle sales, service and repair
|
NOTES:
| ||
---|---|---|
*
|
For uses on lots in the B District, the required
buffer width shall not exceed the minimum required side or rear yard
dimension.
| |
**
|
This forty-foot buffer width requirement for multiple-family dwellings and townhouses applies to single-family and two-family residential uses and vacant lands in all residential districts. For the buffer requirements from abutting multiple-family dwelling or townhouse use properties, see § 185-25C(10) below.
|
(4)Â
Barrier criteria.
(a)Â
In the event a barrier is proposed to be utilized
to reduce minimum yard requirements or those buffer requirements which
are subject to the Planning Board's discretion, the barrier shall
be at least 50 feet longer than the length of each building on the
lot within the reduced setback area facing the residential district
boundary and there shall be no gaps. If the yard on that side of the
building contains a paved area such as a fire lane, loading area or
parking area which extends beyond the sides of the building, the barrier
length shall be extended to 50 feet beyond the edge of pavement of
the paved area in order to minimize flanking impacts.
(b)Â
The barrier proposed to be utilized to reduce
minimum yard requirements or those buffer requirements which are subject
to the Planning Board's discretion shall be in no event less than
10 feet high and shall be either a wall or a solid opaque fence.
(c)Â
The barrier shall be made of materials approved
by the Planning Board at its discretion but shall in all events have
a useful life of at least 40 years. The applicant shall produce documentation
satisfactory to the Planning Board demonstrating the barrier's useful
life.
(d)Â
The barrier shall be landscaped with adjacent
plantings and should incorporate appropriate design concepts to reflect
the neighborhood and add visual interest to avoid monotonous appearance.
Plantings shall be concentrated on the residential side of the barrier.
Less intense plantings shall be provided on the nonresidential side
of the barrier. When it determines it appropriate, the Planning Board
may require the barrier to be bermed.
(e)Â
The barrier shall be located at least 100 feet
from the property line; provided, however, that if a buffer of less
than 100 feet is required and a barrier is being required or provided,
the barrier shall be located at the buffer line closest to the building.
(f)Â
Any required drainage openings shall be of minimum
size so as not to defeat the purpose of the barrier or else shielded.
(g)Â
Local emergency response agencies shall be contacted
early in the design process to determine the need for emergency access
gates and fire hose openings.
(h)Â
The owner shall be responsible for maintenance,
repair and replacement of the barrier, including prompt removal of
graffiti and cleaning.
(i)Â
In addition to the barrier, the Planning Board
may in its discretion require the applicant to add architectural treatments
to building walls facing and visible to residentially zoned properties
to avoid monotonous appearance.
(j)Â
Per § 185-21C(5) above, an alternative structure may be reviewed and approved by the Planning Board, provided that it meets the intent of this section while recognizing unique site conditions, existing trees, topography, water bodies, wetlands and the use of the property and neighboring properties. Such alternative structure must, however, still meet the height, length and useful life requirements established above for barriers.
E.Â
Buffer materials. Buffers should contain a mix of
tree and plant materials, including: berms, canopy deciduous trees,
evergreens, understory deciduous trees, and shrubs, as well as nonvegetative
materials, such as opaque fences and walls.
(1)Â
Variety in species and design are encouraged.
(2)Â
The Planning Board, working with the applicant/developer,
will determine the required type and number of buffer materials.
(3)Â
Existing vegetation shall be preserved wherever possible
and all trees with a dbh eight inches or over within the minimum buffer
shall be maintained unless their removal is approved by the Planning
Board due to the location of permitted uses or structures within or
crossing the buffer. The Planning Board shall require the submission
of a tree protection plan prepared by an arborist who has demonstrated
knowledge and competency through obtainment of the current International
Society of Arborculture arborist certification or who is a member
of the American Society of Consulting Arborists or by a licensed landscape
architect. Unless the Planning Board, for good cause, determines otherwise,
all trees and shrubs specifically required or designated to be preserved
by the Planning Board shall be guarded as follows: a) for trees or
shrubs with a crown spread of eight feet or less, a fence, frame or
box not less than four feet high and eight feet square shall surround
the tree or shrub; b) For a tree with a crown spread over eight feet,
a fence not less than four feet high shall be placed at least at the
tree's dripline marking the outer edges of the branches or at a distance
otherwise prescribed by the Planning Board. Fencing shall at a minimum
be constructed of orange nylon-type material and stakes. Fencing and
other barriers shall be erected before site preparation begins and
remain in place until granting of the certificate of occupancy, except
for work specifically required in the tree protection area in the
approved plans. The owner or contractor shall submit written verification
to the Code Compliance Department that required tree barriers are
in place prior to demolition or building permit issuance. Every effort
to avoid compaction of soil porosity within the tree protection area
shall be taken at all times as mitigation against injury. All building
material, soil or debris shall be kept outside these barriers and
water shall not be permitted to accumulate near the base of the tree.
Roads and driveways shall be located as far from protected tree areas
as possible. If a temporary driveway is needed in the root zone of
a protected tree, 12 inches of wood chips shall be used as a base
for the equipment to drive on. Trees designated for protection shall
not be damaged during site preparation activities or removed without
the prior consent of the Planning Board. In the event that such trees
specifically designated for protection are damaged during site preparation
activities or removed without prior consent of the Planning Board,
such trees shall be replaced by trees guaranteed and maintained for
a period of two years. Preservation and replacement criteria shall
not apply to the location of a barrier or berm within the buffer area.
Unless the Planning Board, for good cause, determines otherwise, damaged,
destroyed or removed protected trees shall be replaced by the caliper
inch, such that for every inch of diameter (dbh) removed, an equal
number of caliper inches shall be replaced (for example, the unauthorized
removal of one twelve-inch-dbh tree shall necessitate the planting
of six two-inch-dbh trees or four three-inch-dbh trees, etc.) until
the approved buffer plantings densities have been achieved. Until
such trees have been replaced, the bond or letter of credit posted
by the developer for such tree replacement value shall not be reduced.
Notwithstanding the foregoing, this section shall only apply to the
extent that destruction of trees designated for protection results
in a final buffer planting that is less than the approved plan's densities.
Unless the Town holds an adequate landscaping performance security
ensuring the replacement of the damaged or destroyed protected vegetation
in addition to the initial approved plantings, no site plan approval,
special permit, building permit, certificate of occupancy, variance,
or other Town permit or approval shall be issued by any Town agency
for said property until such replacement has been completed and approved
by the appropriate Town official or consultant. The requirement for
approval established by the previous sentence supersedes other provisions
of the Town of Newburgh Municipal Code; the Town Law of the State
of New York including but not limited to Sections 267-a, 267-b, 274-a,
274-b and 276; and any other applicable New York State laws that are
subject to the Town Board's municipal home rule authority.
(4)Â
The Planning Board may require additional screening
if existing vegetation is not thick enough to provide adequate screening.
(5)Â
Guidelines for the suggested number and composition of buffer materials for each minimum buffer width are presented in the table entitled Suggested Mix of Vegetative Buffer Materials at the end of this chapter. The table provides a guideline only and, pursuant to §§ 185-21E(2), (3) and (4) above, the Planning Board shall have authority to require greater density design and planting or less density design and planting when existing vegetation provides at least as great a density as landscaping planted in accordance with the guidelines will at full growth. Buffer design shall take into account the conditions and circumstances of the site and the proposed use. The table entitled Suggested Mix of Vegetative Buffer Materials at the end of this chapter provides guidelines for the suggested size and condition of buffer materials at installation and is also subject to Planning Board discretionary authority, provided at least as great a density as landscaping planted in accordance with the guidelines will be achieved at full growth.
(6)Â
Where a required buffer exceeds 60 feet in width,
the 60 feet closest to the building(s) on the site shall be enhanced
by the planting of dense buffer landscaping materials. The remaining
buffer width closest to the property boundary shall remain undisturbed
and maintained in its existing vegetative state.
(7)Â
All plant material shall meet American Association
of Nurserymen Standards.
(8)Â
All plantings and existing trees designated for preservation
that die or are destroyed within two years must be replaced.
(9)Â
Nonvegetative buffering, such as walls or fences,
shall be installed so as to cause minimal disturbance to existing
vegetation or topography and shall be located so as to provide an
effective visual screen.
(10)Â
Along edges that abut residential districts
or uses, driveways and entry roads within the required buffer area
shall be additionally buffered with sound barriers if the access use
creates noise impacts, as determined through the environmental review
process.
(11)Â
An illustrative example of minimum yard, buffer
width and material requirements is found with the tables at the end
of this chapter.
F.Â
Burden for construction and maintenance of a buffer.
It is the intent of this section that adjacent properties requiring
a buffer between them will share equally in the development of the
buffer, wherever possible. The burden of provision of the buffer shall
be as follows:
(1)Â
Where two different zoning districts or land uses requiring a buffer between them are both in an existing improved condition, the buffer requirement is not retroactive. However, the provisions of § 185-19C apply in the event that any or all of the improved property is abandoned or demolished for the purpose of renewal or redevelopment; that portion of such property being renewed or redeveloped shall conform to the provisions of this chapter and the applicant and redeveloper of such property shall assume the burden unless otherwise provided herein.
(2)Â
Where both a non-single-family residential district
or use and a single-family residential district or use requiring a
buffer between them are vacant or undeveloped, the burden shall be
assumed by the owner and developer, if other than the owner, of the
non-single-family residential development, unless otherwise specified
herein. The property owner and his or her agent is responsible for
continuing maintenance of the buffer and any sound barrier or fence
including prompt removal of graffiti and cleaning. Succeeding owners,
lessees, and agents must also maintain the buffer, barrier or fence.
(3)Â
Where a single-family residential use is proposed
adjacent to an existing non-single-family residential use or a nonresidential
use, screening shall be provided by the owner and developer, if other
than the owner, of the single-family residential development through
the use of additional landscaping and planting within the required
setback areas. In the event the owner and developer are applying for
subdivision approval, the Planning Board may require the submission
of a landscaping plan for such screening in the setback areas.
(4)Â
Failure to install or maintain a required buffer, barrier or fence in accordance with the requirements of this chapter shall be an offense subject to the enforcement measures and penalties set forth in Article VII.
(5)Â
In all residential zoning districts, maintenance of
the buffer on single-family and two-family residential lots shall
be at the discretion of the individual homeowner after the developer
provides the buffer during initial development of the parcel and upon
the expiration of any applicable landscaping maintenance security
period. For multiple-family, townhouse, clustered developments and
in condominiums in residential zoning districts, however, buffers
shall be required to be maintained by the property owner, agent, sponsor,
board of managers, condominium or homeowners' association upon its
establishment and assumption of responsibility and ownership of common
land areas, as the case may be.
A.Â
Floodplains. In addition to those regulations and procedures set forth in Chapter 109, Flood Damage Prevention, of the Code of the Town of Newburgh and floodplain permit requirements as administered by the Building and Code Enforcement Officer, the following regulations apply to floodplains:
[Amended 7-20-2009 by L.L. No. 2-2009]
(1)Â
All
one-hundred-year floodplains shall be subject to the following regulations:
(a)Â
No structures or filling of land or any possible obstruction to the
flow of water shall be permitted within a designated floodway.
(b)Â
No structures or filling of land shall be permitted within the one-hundred-year
floodplain outside of the designated floodway that could reduce the
flood storage capacity of the floodplain or thereby increase the water
level in the floodway. Reduction in storage capacity in one area may
be compensated for by increasing the flood storage capacity elsewhere
on the same parcel by demolition of existing structures or by regrading
of the floodplain fringe area.
(c)Â
Any proposed structure, road or utility line within a one-hundred-year
floodplain shall be of floodproof construction. The lowest floor or
basement elevation and all road elevations shall be a minimum of two
feet above the elevation of the one-hundred-year flood. All drainage
structures shall be sized to pass a one-hundred-year discharge.
(d)Â
No septic tank, leaching field or well shall be located within a
one-hundred-year floodplain.
(e)Â
Any use conducted within or adjacent to a one-hundred-year floodplain
shall make long-term provisions for the control of erosion and the
transport of silt and debris to the one-hundred-year floodplain so
that said floodplain will not be subjected to unnecessary sedimentation.
(f)Â
Any construction within a one-hundred-year floodplain shall conform
to all permit requirements of the New York State Department of Environmental
Conservation and/or United States Army Corps of Engineers pertaining
to such areas.
(2)Â
The following structures and uses are prohibited as new structures or uses within a one-hundred-year floodplain and five-hundred-year floodplain except if a variance has been granted pursuant to Chapter 109:
(a)Â
Structures or facilities that produce, use, or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials;
(b)Â
Hospitals, nursing homes, and dwellings likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
(c)Â
Police stations, fire stations, vehicle and equipment storage facilities,
and emergency operations centers that are needed for flood response
activities before, during, and after a flood; and
(d)Â
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood.
B.Â
Wetlands. Wetlands protected under Article 24 and
Title 23 of Article 71 of the Environmental Conservation Law or under
the jurisdiction of the United States Army Corps of Engineers shall
be subject to the following regulations unless a permit for development
has been granted by the appropriate agency.
(1)Â
No structure or filling of land shall be permitted
within a protected wetland that will result in a reduction of the
runoff storage capacity of the wetland or the elimination of any indicator
vegetation association from the protected wetland.
(2)Â
Any proposed structure, road or utility line within
a protected wetland shall be of floodproof construction. The lowest
floor or basement elevation and all road elevations shall be above
the elevation of the one-hundred-year water surface elevation. All
drainage structures shall be sized to pass a one-hundred-year discharge.
(3)Â
No septic tank or leaching field shall be located
within a protected wetland.
(4)Â
No active recreational facilities included as part
of a cluster development, a multiple-family residence or a mobile
home court shall be located within a protected wetland.
(5)Â
Any use conducted within or adjacent to a protected
wetland shall make long-term provisions for the control of erosion
and the transport of silt and debris to the protected wetland so that
said wetland will not be subjected to unnecessary accretion of sediments.
(6)Â
Any construction within a protected wetland shall
conform to all permit requirements of the New York State Department
of Environmental Conservation and/or United States Army Corps of Engineers
and other federal agency requirements when applicable pertaining to
such areas.
C.Â
Critical environmental areas. All existing land uses
and all proposed construction, land management activities and land
development within any critical environmental area shall be subject
to review by the Planning Board with regard to environmental performance
standards that may be adopted by the Planning Board and revised from
time to time and shall be considered as Type 1 actions under the State
Environmental Quality Review Act (SEQRA).[1] Such environmental performance standards may require increasing the minimum bulk standards listed in Article IV, Schedules of District Regulations, of this chapter.
(1)Â
Chadwick Lake Critical Area of Environmental Concern.
The following standards shall apply to all development proposed within
the Chadwick Lake Critical Area of Environmental Concern:
(a)Â
No land development activity or accessory use
of any kind that involves the construction of impervious surfaces,
sewage treatment or discharge of effluent shall occur within 200 feet
of the shoreline of Chadwick Lake.
(b)Â
No septic tank or leaching field shall be located
within 150 feet of any perennial stream that is tributary to Chadwick
Lake nor on any of the following soil types as mapped in the soil
survey of Orange County published by the United States Department
of Agriculture, October 1981, or a more recent edition, if any:[2]
[2]
Editor's Note: In the original copy of L.L.
No. 4-1991 no soil types were listed.
(c)Â
Any proposed construction or land management
activities within the Chadwick Lake Critical Area of Environmental
Concern shall be required to submit a plan for approval by the Planning
Board indicating:
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.