Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
The regulations in this article shall apply in all zoning districts.
A. 
Lot for every building. Every building hereafter erected shall be located on a lot as defined herein.
B. 
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity to any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith.
C. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
A. 
No building permit shall be issued for the establishment of any use or construction of any structure unless the lot upon which such use is to be established or such structure is to be built has frontage of at least 25 feet on a street or highway which has been suitably improved to Town, county or state road standards or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage, all in accordance with the provisions of § 280-a of the Town Law.
B. 
In the case of lots which are at least twice the minimum lot size for the zoning district in which they are located, the minimum street frontage shall be a minimum of 50 feet. Furthermore, if the main portion of the lot derives its frontage and access by means of an access strip connecting the street and the main portion of the lot, that access strip shall also be at least 50 feet in width.
A. 
Yard for every building. No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.
B. 
Obstructions in yards. No buildings or structures nor any projection from buildings or structures shall be permitted in a required yard, except as follows:
(1) 
Paved open terraces shall not be considered in the determination of yard size and lot coverage requirements.
(2) 
No porches, balconies or decks shall project into any required yard area.
(3) 
Architectural features which do not have habitable volume or floor area, such as windowsills, door frames, chimneys and eaves, shall not project more than three feet into any required yard.
(4) 
The yard requirements of this chapter shall not prohibit any accessory retaining wall nor prohibit any fence or wall, provided that walls or fences in required yard areas shall not exceed six feet in height.
C. 
Yard requirements on corner lots. On a corner lot, there shall be a side yard on a side street equal in depth to the required front yard. A rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard.
D. 
Exception for existing alignment of buildings. If, on one side of the street within 150 feet of any lot, there is pronounced uniformity of alignments of the fronts of existing buildings and of depths of front yards greater or less than the required minimum depths specified in the Schedule of Regulations for Residential Districts, a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those front yards existing on adjacent lots.
E. 
Exception for handicap ramps and railings. The Zoning Administrator has the discretion to permit handicap ramps and/or railings that project into the required yard setback to the minimum extent necessary under the circumstances. The property owner pursuing this exception shall prove to the satisfaction of the Zoning Administrator that the proposed handicap ramps and/or railings cannot otherwise be installed in a manner which conforms to the minimum yard setback requirements of the zoning district, and that the requested exception is not the result of self-created hardship. This exception shall apply only to residential uses.
The maximum building height limitations of this chapter shall not apply to church spires and belfries in any case, nor to flagpoles, domes, silos, chimneys, ventilators, skylights, water tanks or television antennas or to similar features and such necessary mechanical appurtenances not used for human occupancy, provided that:
A. 
They shall not extend more than 15 feet above the roof.
B. 
The total area covered by such features shall not exceed 10% of the area of the roof upon which they are located.
C. 
Parapets and cornices used for ornamentation and without windows shall not extend more than five feet above the roof.
Where considered appropriate by the reviewing body, the Greenway Compact Guide provisions, especially Greenway Guide section E, Site Specific Provisions, shall be utilized if the Board has discretion.
A. 
Exterior lighting.
(1) 
All exterior lighting should be fully shielded to prevent glare and protect the night sky. The maximum lighting levels at property lines shall be 0.1 footcandles.
(2) 
The Planning Board may limit hours of site lighting or times when lighting should be reduced to minimum security levels based on hours of operation of a particular use and proximity to sensitive receptors.
(3) 
Lighting on commercial sites and within pedestrian areas should be designed to complement the architecture of surrounding development and should be pedestrian-scaled. Maximum height for lamp posts in commercial parking areas should be 20 feet, and lamp posts in pedestrian areas shall not exceed 15 feet.
(4) 
The Planning Board may consult the Dutchess County Greenway Guides on additional lighting guidelines.
B. 
Landscaping, screening and buffer areas.
(1) 
Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection, measured along said street right-of-way line. The height of three feet shall be measured above the road surface at the nearest edge of road traveled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
(2) 
Multifamily and nonresidential uses.
(a) 
All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole. Landscaping should consist of a mix of native evergreen, deciduous and ornamental plantings. Invasive species shall be avoided. A landscaping plan shall be submitted to the Planning Board as part of site plan review.
(b) 
In connection with the review of any site development plan or special permit application for a multifamily or nonresidential use abutting or directly across a local street from any property in a residence district, a buffer strip shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards:
[1] 
It shall be of evergreen planting of such type, height, spacing and arrangement as in the discretion of the Planning Board will effectively screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting but not to take its place.
[2] 
It shall be at least 20 feet in width.
[3] 
A wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required planting and buffer area.
[4] 
Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
(c) 
All plantings shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
(d) 
Parking areas should be screened from view from offsite properties and shall be designed with planted islands. A minimum of 10 square feet of landscaping should be provided in and around parking areas for every parking space provided. Landscaping should be protected from vehicle damage by curbs or other barriers.
A. 
Swimming pools.
(1) 
A swimming pool shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district.
(2) 
If a swimming pool is within 500 feet of a dwelling other than the owner's dwelling or within 500 feet of any street or property line, the swimming pool must be completely surrounded by a fence or wall enclosure to be approved by the Zoning Administrator. A wall or fence or other enclosure wholly enclosing a dwelling shall constitute compliance with this requirement.
(3) 
Each and every gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self-latching devices, except that the door of any occupied dwelling forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Planning Board or Building Inspector of the Town of Fishkill.
B. 
Tents, trailers and mobile homes. The use of tents, trailers and mobile homes for permanent dwelling purposes shall not be permitted in any district except as permitted and regulated in § 150-119, Mobile home parks, of this chapter. One unoccupied camp trailer may be parked or stored in an enclosed accessory structure or in a rear or side yard, provided that no permanent living quarters shall be maintained therein.
C. 
Maintaining an extended one-family dwelling.
(1) 
An extended one-family dwelling shall be permitted as an accessory use in a one-family residential district subject to the following restrictions:
(a) 
All applicable building, fire and sanitary codes shall be complied with as well as any other applicable sections of Chapter 150.
(b) 
The owner or owners of record must reside in the dwelling.
(c) 
No tenant/landlord relationship shall exist between any of the family members.
(d) 
If the extended family arrangement ceases to exist, the dwelling shall continue to be used for one-family occupancy only.
D. 
Accessory apartments in single-family residence districts.
(1) 
An accessory apartment may be allowed in any zoning district where a single-family residence is permitted, provided that:
(a) 
An accessory apartment shall be limited to less than 50% of the living space of the primary residence. The minimum floor area for such an apartment shall be not less than 350 square feet. The maximum floor area shall be not more than 1,000 square feet.
(b) 
Establishing such an apartment will not violate the zoning standards for single-family residences as set forth in § 150-48A.
(c) 
Section 150-160, Schedule of off-street parking requirements, must be complied with.
(d) 
The residential structure in which the accessory apartment is located must continue to be occupied by the owner or owners.
(e) 
Not more than one accessory apartment shall be allowed in a single-family dwelling.
(2) 
Authorization to establish and maintain an accessory apartment must be obtained in the following manner:
(a) 
Application must be made to the Building Inspector for a building permit.
(b) 
There must be compliance with all applicable building, sanitary and fire safety codes.
(c) 
A certificate of occupancy must be issued by the Building Inspector and shall stipulate that the owner or owners must reside in the building.
(3) 
In the event that the ownership of the residence changes, the new owner or owners must reapply for authorization as provided for in Subsection D(2) above.
E. 
Construction trailers. Upon the issuance of a building permit for the construction of a commercial or residential building, the Zoning Administrator may, upon application by the builder or affected property owner, issue a construction trailer permit for the installation, on the construction site, of a construction trailer, subject to the following restrictions:
(1) 
The construction trailer permit shall expire at the same time as the building permit with respect to which it was issued, and extension of a construction trailer permit shall be permitted only if the term of a related building permit has also been extended and only for the same time period.
(2) 
The construction trailer shall be removed from the construction site no later than 10 days after:
(a) 
The issuance of a certificate for occupancy for the building with regard to which the permit was issued;
(b) 
The expiration of the applicable construction trailer permit; or
(c) 
The revocation of the applicable construction trailer permit by the Zoning Administrator upon a determination that construction has not been diligently pursued.
(3) 
If the Planning Board has not fixed a location for the construction trailer or required it to be screened, the Zoning Administrator may determine that, as a condition of the granting of a construction trailer permit, the construction trailer must be located in a particular place on the construction site, and that it must be screened or enclosed as the Zoning Administrator may direct in order to lessen the impact of its presence on nearby residences or commercial establishments.
F. 
Dropoff collection bins used to solicit or invite charitable donations of personal property. No dropoff collection bins used to solicit or invite charitable donations of personal property, or for similar property disposal purposes, shall be maintained on or placed in any location in the Town of Fishkill.
G. 
Other accessory buildings.
(1) 
Accessory building attached to main building. If any accessory building is attached to a main building, including attachment by means of a breezeway or a roofed passageway, it shall comply in all respects with the requirements of this chapter applicable to the main building. All other accessory buildings shall comply with the requirements for such buildings in the Schedule of Regulations.
(2) 
Dwellings in accessory buildings. Any accessory building on the same lot with a main residence building shall not be used for residence purposes, except for guests or for domestic employees of the owners or tenants of the main building and who are employed on the premises, provided such a building shall contain no kitchen or kitchen facilities.
The purpose of this section is to promote and protect the public health, safety and welfare by regulating signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment, and enhance the Town of Fishkill's ability to attract sources of economic development and growth. This section is consistent with Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to § 149-3 and § 150-2 of the Town of Fishkill Code.
A. 
Permit required. A sign, as defined in § 150-6, may be placed, erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this Chapter and only after issuance of a sign permit, where required and approved, by a Zoning Administrator or any duly appointed deputy administrator. The Zoning Administrator or any duly appointed deputy administrator, within a reasonable time of the receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application.
B. 
Permit procedures. Any person desiring to procure a permit for a sign shall file with the Building Department an application form, copies of which are available from the Building Department, accompanied by an application fee, payable to the Town of Fishkill, in accordance with the current fee schedule.
(1) 
The application shall contain:
(a) 
Name, address and telephone number of the applicant and property owner.
(b) 
Location of the building, structure or land upon which the sign now exists or is to be erected and the location on the property where the sign is to be erected.
(c) 
For permanent signs, a scaled drawing of the sign showing:
[1] 
Type of sign, shape, size and materials.
[2] 
Graphic design, including pictorial matter, letters, materials and colors.
[3] 
The visual message, text, copy or content of the sign.
[4] 
The method of illumination, if any, including type of lamp and wattage, and the position of lighting.
[5] 
Landscaping, if any, including types of vegetation, location of plantings, and planting and maintenance schedule.
(d) 
If a new permanent sign is to be erected, or an existing permanent sign is to be altered in size or elevation, a plan, drawn to scale, shall be submitted showing the following:
[1] 
If a freestanding sign, a full description of the placement of the proposed sign, specifying its location on the premises, its orientation, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls and fences.
[2] 
If an awning, window, wall or projecting sign, a full description of the placement of the proposed sign, which shall include location on the awning, window, wall or building; the size of the awning, total window area of the principal facade of the building, projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.
(e) 
For all signs, if the applicant is not the owner of the property on which the sign is to be located, written permission from the property owner to place the sign on the property.
(2) 
Planning Board review and recommendation. As part of its overall review of applications within its jurisdiction under the Code of the Town of Fishkill, including but not limited to site plan, subdivision and special permit use applications, the Planning Board shall review the proposed signage for a project, including the proposed master sign plan, if required. The Planning Board shall make a recommendation to the Zoning Administrator with respect to proposed signs, and it will make a determination with respect to a proposed master sign plan. No sign permit shall be issued by the Zoning Administrator or any duly appointed deputy administrator until a recommendation has been received. Where a master sign plan is required pursuant to § 150-43G(2)(d), the Planning Board shall make a determination regarding the master sign plan as part of the site plan approval. Once a master sign plan has been issued, only signs which conform to the master sign plan may be issued a permit by the Zoning Administrator or any duly appointed deputy administrator. If a master sign plan is required, no sign permit shall be issued until a master sign plan has been approved by the Planning Board.
(3) 
Time limit. If a sign is not erected within six months following the issuance of a sign permit for said sign, the sign permit will become void.
(4) 
Any sign requiring a permit which is removed for a period of more than 30 days cannot be reerected unless a new sign permit application is submitted and a new permit is issued in accordance with § 150-43B. This subsection shall apply regardless of when the sign which was removed was originally erected and regardless of whether said removed sign was the subject of a validly issued sign permit.
C. 
Exempt signs. The following signs are exempt from the permit requirements of this chapter. Unless otherwise limited below, such exempt sign shall not exceed six feet in height and shall not exceed four square feet in sign area per side. Each exempt sign must comply with all other provisions of this chapter.
(1) 
Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(2) 
Nonilluminated secondary window signs communicating accessory information such as hours of operation and totaling no more than one square foot in size.
(3) 
Temporary nonilluminated window signs when such signs are used to advertise special sales, grand openings and when such signs, measured together with all permitted window coverage, bring the total window coverage to no more than 25% of the window surface. Such signs shall be removed within three days of the end of the advertised sale or grand opening.
(4) 
Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required, and displayed on the premises for sale or lease, provided such sign is located on the front wall of a building or, if freestanding, does not exceed six feet in height and is located not nearer than 15 feet to the edge of the road or side lot line. All such signs shall not exceed four square feet in sign area per side, shall be limited to one per premises, and shall be removed immediately upon sale or lease of the premises.
(5) 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger and similar temporary emergency signs, signs which are solely devoted to prohibiting trespassing, hunting or fishing, the sign, banner or insignia of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event, the sign, poster, flag, pennant or insignia of any government, signs promoting a candidate or issue for an election, and noncommercial signs. Any sign which promotes a dated event or candidate or issue for an election, the date of which has past, shall be removed within three days after the event or election by the owner of the property where the sign is located.
(6) 
Signs which face a wholly internal pedestrian courtyard forming a distinct component of an integrated retail, office or business center, which signs are not visible from any road or from parking areas.
(7) 
All signs required by Town, county, state or federal regulation, statute or local law.
D. 
Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include, but are not limited to:
(1) 
Off-premises signs, including billboards.
(2) 
Obsolete or abandoned signs which promote a business which no longer exists, promote a product that is no longer sold on the premises on which the sign is located, or promote a dated event, the date of which has passed.
(3) 
Roof signs.
(4) 
Portable signs, except for temporary signs that have been issued a permit.
(5) 
Signs with flashing, blinking, intermittent or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use, except for signs displaying time and/or temperature.
(6) 
Mounted or portable search lighting used to project moving or stationary overhead light beams.
(7) 
Signs that contain or consist of neon lighting.
(8) 
Permanent signs, other than those exempt under § 150-43C(5), that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving or fluttering devices.
(9) 
Rotating signs, including all signs and devices that are not permanent in their orientation.
(10) 
Signs and obstructions which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection or extend into the public right-of-way.
E. 
Temporary signs. All signs of a temporary nature must receive permits in accordance with § 150-43B herein before being displayed, except those specified under § 150-43C, Exempt signs. Planning Board approval is not required, and the Zoning Administrator or any duly appointed deputy administrator shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Administrator or any duly appointed deputy administrator, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed. Temporary signs are permitted for:
(1) 
Activities or events. Temporary signs shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding three days after the activity or event. Such signs shall not exceed 16 square feet or eight square feet per side in area within nonresidential districts or eight square feet or four square feet per side in area within residential districts.
(2) 
Temporary real estate signs. Temporary real estate signs are permitted for each subdivision receiving final plat approval by the Planning Board.
(a) 
One such sign may be located on each side of the property which has frontage on a Town, county or state highway or street on which the subdivision fronts. Said sign(s) shall be located at a minimum of 15 feet from the road and shall be permitted only during the period of active sales, and in no case longer than two years from the date of final approval. Upon written application from the subdivider, the Zoning Administrator or a duly appointed deputy administrator may extend this period for one additional year when the Zoning Administrator or a duly appointed deputy administrator deems that the circumstances warrant such extension. The subdivider shall post a bond, payable to the Town of Fishkill, in accordance with the current fee schedule, as a reasonable condition for removal.
(b) 
Each such sign shall not exceed six feet in height, and shall be located a minimum of 15 feet from any road or lot line or any building, unless attached directly to said building. The total sign area of each sign shall not exceed 32 square feet or 16 square feet per side.
(3) 
Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive signs. Said signs are permitted up to four square feet per face in area, located fully on the property on which such sale is being conducted, but shall not be affixed to utility poles. Such signs shall not exceed one per premises and may be displayed for a period of up to seven days in advance of the sale and shall be removed within 24 hours after the sale. The permit card issued by the Zoning Administrator or any duly appointed deputy administrator shall be placed on the property where the sale is held and shall be removed at the expiration of the sale. The Zoning Administrator or any duly appointed deputy administrator must be notified prior to a change in the date of the sale.
F. 
Permanent signs within the R-4A, R-2A, R-40, R-20, R-15, R-MF-3, R-MF-5, DMUD and HRWRD districts. Within these districts, the following signs shall be permitted:
(1) 
For each dwelling unit, one nonilluminated nameplate, professional sign or sign indicating a permitted home occupation, with an area of not over two square feet per face.
(2) 
For permitted and special permit nonresidential uses, one sign with a maximum sign area of 25 square feet.
(3) 
For subdivisions, mobile home parks, or condominium, townhouse, co-op or apartment complexes, one nonilluminated monument sign containing an area of not more than 25 square feet and located not more than six feet above ground level at its highest point, identifying the subdivision, mobile home park or complex, may be displayed. Such sign shall be set back a minimum of five feet from any public road. The same restrictions shall apply if such signs are located in a nonresidential district.
(4) 
Signs for lawful nonconforming uses in residential districts shall comply with the requirements of § 150-43G(1), LHC District.
G. 
Permanent signs within other districts.
(1) 
LHC District.
(a) 
Not more than one primary sign shall be permitted per establishment. Such sign shall be located on the establishment's principal facade, and shall be one of the following sign types:
[1] 
Wall signs (with or without borders) as large as one square foot per three linear feet of an establishment's front building wall length or a maximum of 25 square feet, whichever is less.
[2] 
Projecting signs as large as four square feet on each of two sides; maximum projection of four feet from the building face; minimum clearance from the ground: eight feet, and maximum clearance: 10 feet.
[3] 
Window signs as large as 20% of the total window area of the principal facade or a maximum of 25 square feet, whichever is less.
[4] 
Awning signs projecting at least five feet into the sidewalk but no more than seven feet with lettering up to six inches in height and on the valance only. The extent of lettering may cover a maximum of 50% of the valance or a maximum of 25 square feet, whichever is less.
(b) 
Signs for lawful residential uses shall comply with the requirements of § 150-43F.
(2) 
RB, PB, PSC, GB, and PI districts.
(a) 
Not more than two wall signs shall be permitted per establishment, announcing the name or insignia, or both, of the establishment or business located on the lot. For buildings that measure 100 feet or less in length on their longest side, the combined aggregate area of such signs shall not exceed two square feet for each linear foot of the length of the longest side of the building or 40 square feet, whichever is less. Buildings that are more than 100 feet in length on their longest side shall be allowed a combined aggregate sign area of 40 square feet plus an additional one square foot of sign area per five linear feet of building length greater than 100 feet.
(b) 
Not more than one monument sign of a maximum height of six feet, including the base, shall be permitted per lot. The sign area of such monument sign shall be not larger than 32 square feet or 16 square feet per side for a single establishment and no larger than 40 square feet or 20 square feet per side for two or more establishments sharing a sign. No single establishment shall occupy more than 32 square feet or 16 square feet per side of sign area. The sign shall be a minimum of 15 feet from the edge of the road.
(c) 
Signs for internal direction shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking" or other reasonably necessary wording to ensure the efficient circulation of vehicles and safe pedestrian passage. Permits will be granted only if the applicant can clearly demonstrate necessity to the Zoning Administrator or duly appointed deputy administrator based on motorist safety and that any such directional sign will be set back a minimum of five feet from the road.
(d) 
Retail, office or business centers. Where four or more establishments are planned as an integrated retail, office or business center, the following sign criteria shall apply:
[1] 
Not more than one primary sign shall be permitted per establishment. Such sign shall be a wall sign located on the establishment's principal facade and may be as large as 40 square feet in area. Freestanding signs may not be displayed by individual establishments located within a shopping center.
[2] 
A master sign plan is required for all new retail, office or business centers. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting and location on the establishment, as well as the specifications for the freestanding sign permitted under § 150-43G(2)(d)[3]. Within these standards, variety of graphic design is encouraged, subject to the design criteria of Subsection H. The Planning Board shall review the master sign plan for a new retail, office or business center as part of its project review. A project entailing a retail, office or business center which calls for the demolition of 50% or more of the square footage of existing structures on the site shall be considered a new retail, office or business center for the purposes of this section and subject to the master sign plan requirement.
[3] 
One common freestanding sign identifying the shopping center, mall or complex shall be permitted as follows:
[a] 
Monument signs no larger than 40 square feet in area, consisting of a maximum of 20 square feet in area per face, to state the name of the shopping center and to advertise individual businesses within the retail, office or business center. The sign shall be a maximum of six feet in height (including the base). Each advertised business shall be allowed a maximum of five square feet in area per sign face. The sign shall be set back a minimum of 15 feet from the road.
[b] 
Post-and-arm signs may be as large as 18 square feet in area per face, with a height maximum of 12 feet (including the post). The sign shall be set back a minimum of 15 feet from the edge of pavement.
[4] 
If the complex contains a movie theater, the movie theater shall be permitted one sign pursuant to the regulations in § 150-43G(2)(e).
(e) 
Movie theaters. Movie theaters shall be permitted one freestanding or building changeable sign advertising the name of the theater and indicating movies currently being shown. Such changeable sign shall be a freestanding monument or building sign and shall be permitted 25 square feet to display the name of the theater and shall be permitted an additional maximum area of nine feet by 12 inches per number of movie screens existing at the establishment to list the name of movies currently being shown in lettering no more than nine inches high. The bottom portion of the area of the sign with lettering shall be no more than six feet from the ground. The sign shall be set back a minimum of 15 feet from the edge of the road.
(f) 
Signs for lawful residential uses shall comply with the requirements of § 150-43F.
H. 
Design criteria. In reviewing sign applications, the Zoning Administrator or duly appointed deputy administrator shall determine that the sign will meet the following criteria.
(1) 
General criteria.
(a) 
Signs shall be a subordinate part of the streetscape.
(b) 
Signs in a particular area or district shall create a unifying element and exhibit visual continuity.
(c) 
Whenever feasible, multiple signs shall be combined into one to avoid clutter.
(d) 
Signs shall be as close to the ground as practical, consistent with legibility considerations.
(e) 
A sign's design shall be compatible with the architectural character of the building on which it is placed and not cover any architectural features on the building.
(f) 
To the extent possible, adjacent signs on the same or adjoining buildings shall be placed within the same horizontal band and be of reasonably harmonious materials and colors.
(2) 
General rules by sign type.
(a) 
Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall indicate only the name and/or address of the enterprise or premises. Awning signs shall not be internally illuminated.
(b) 
Freestanding signs. No more than one freestanding sign may be located on a lot except that a movie theater may be allowed a freestanding sign pursuant to § 150-43G(2)(e).
(c) 
Monument sign. Monument signs shall not be placed so as to impair visibility for motorists.
(d) 
Projecting signs. Projecting signs may not extend above the height of the roofline and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.
(e) 
Wall signs. The visible edge or border of a wall sign may extend up to 12 inches from the face of the wall to which it is attached, and may not extend any distance beyond or above the building in any direction.
(f) 
Window signs. Permanent window signs must be painted on or attached directly and permanently to the window. No more than 25% of the glass may be covered by the lettering.
(3) 
Specific criteria.
(a) 
All signs, with the exception of window signs, shall be constructed of wood, metal or other durable material as approved by the Zoning Administrator or a duly appointed deputy administrator.
(b) 
The lettering on any sign may not exceed 75% of the sign area of any one side of the sign, with the exception of signs with no background. The area for lettering shall be computed in accordance with the illustration provided.
(c) 
The Zoning Administrator or a duly appointed deputy administrator may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. Required landscaping may include, but not be limited to one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees.
I. 
Removal of signs.
(1) 
Abandoned signs. Any sign which once advertised a bona fide business or product or services available for purchase by the public on the premises which no longer does so shall be deemed abandoned and must be removed within three days after cessation of the business or cessation of the sale of the products or services from the premises. The Zoning Administrator or any duly appointed deputy administrator shall give written notice to the last owner of record of the real property where the sign is located and the permit holder, if any, at the permit holder's last known address of record, who shall, unless good cause is shown, remove the sign within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Zoning Administrator or any duly appointed deputy administrator may cause the sign to be removed.
(2) 
Unsafe signs. The Zoning Administrator or any duly appointed deputy administrator may cause any sign that is a source of immediate peril to persons or property to be removed immediately and without notice. After such removal, the Zoning Administrator shall provide written notice that the sign was removed because it was a source of immediate peril to persons or property. Such notice shall be provided by certified mail, return receipt requested, to the owner of the sign at the last known address of record and the owner of the land upon which the sign was erected at the last known address of record.
(3) 
Recovery of cost of removal. At the sole discretion of the Town, the reasonable and necessary costs incurred by the Town for removal of any sign shall be charged against the real property from which the sign was removed by adding that charge to and making it a part of the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Comptroller, to be applied in reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
J. 
Nonconforming signs other than billboards. Any increase in size or change in the design, style, location, materials, shape, height or location of a nonconforming sign shall not be permitted. Any nonconforming sign that is damaged or destroyed, for a loss of 50% or more of its value, by fire or other casualty shall not be restored, reconstructed or replaced except by a sign that conforms to this requirements of the chapter.
K. 
Nonconforming billboards.
(1) 
Any billboard which is leased or rented for profit shall be deemed a nonconforming sign unless it is located in the PI, Planned Industry Zone. Pursuant to New York General Municipal Law § 74-c, Subdivision 2, such billboards shall be removed upon written notice sent to the owners of the property to their last known address of record by certified mail, return receipt requested, and the permit holder, if any, at the permit holder's last known address of record by certified mail, return receipt requested, by the Zoning Administrator or any duly appointed deputy administrator.
(2) 
If the sign has not been removed, the Zoning Administrator or any duly appointed deputy administrator shall give written notice to the last owner of record of the real property where the sign is located and the permit holder, if any, at the permit holder's last known address of record, that the sign must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Zoning Administrator or any duly appointed deputy administrator may cause the sign to be removed and the cost of removal may be recovered from the property owner and/or permit holder, if any, in accordance with § 150-43I(3).
(3) 
Billboards on state roads in the Planned Industry District may be permitted subject to rules and restrictions established by the NYS Highway Law § 88.
L. 
Number and date. Every sign that requires a permit as regulated by this section shall have painted in a conspicuous place thereon, in legible letters and numbers, the date of erection and the sign permit number. Temporary signs shall additionally have noted thereon the date of the first day the sign may be displayed and the date it must be removed.
M. 
Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.
N. 
Severability. If any subsection, or specific part or provision or standard of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such subsection, specific part, provision or standard shall be deemed a separate, distinct and independent provision, and such judgment shall not affect the validity of the remaining portions thereof.
A. 
Alteration of wetlands or watercourses. In any district, no regulated activity, as defined by Chapter 82 of the Town Code shall be undertaken within wetlands or watercourses or the associated buffer area, as also defined therein, whether by removal or deposition of material or by grading or otherwise, shall be permitted except where a permit pursuant to that chapter has been obtained or where otherwise determined to be exempt under Town regulations.
B. 
Hilltops, ridgelines and steep slopes. For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the Town's underground water resources and protecting the Town's character and property values, it is the intent of this chapter to regulate the development of hilltops, ridgelines and steep slopes, and toward this end, wherever possible, new construction shall avoid such areas and existing vegetation in such areas shall not be disturbed. For purposes of this section, steep slopes shall be defined as those areas with an average slope in excess of 20% over a horizontal distance of 100 or more feet.
C. 
Procedure. Before granting or denying any request in accordance with this section, the Planning Board:
(1) 
May require a public hearing, the notice of which shall be published in the Town's officially designated newspaper at least five days prior to the date of such hearing.
(2) 
May request a written report on the effects of such alteration by the Soil Conservation Service of the United States Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer, and payment in advance of the amount of such expense, if any, shall be a condition of further consideration.
D. 
Water quantity and quality. Upon application for a rezoning, site plan approval, subdivision approval or any other approval in an area of the Town which is known to have conditions of uncertain water quantity or quality, based upon the latest geodetic information, the reviewing or approving board may require that a hydrological study, addressing parameter specified by the agency, be prepared by a trained hydrologist and submitted by the applicant to the appropriate reviewing or approving board.