[Amended 8-24-1994]
A.
No mobile home shall be located within the town, except
in a designated mobile home park.
B.
A mobile home park cannot be established or created
except upon a tract of land used or intended to be used for the parking
of at least 50 mobile homes, together with the necessary improvements
and facilities upon the land. No lot or berth shall be rented or leased
for residential uses of a mobile home in any such park except for
periods of 30 days or more and no mobile home shall be admitted to
any park unless it can be demonstrated that it meets the requirements
of applicable local codes and ordinances and the state code for construction
and installation of mobile homes.
C.
The following standards shall be applicable in all
mobile home parks:
(1)
Area and bulk. Each mobile home lot shall meet the
minimum lot area of 25,000 square feet. The minimum lot width shall
be 100 feet; the minimum front yard setback shall be 60 feet; the
minimum side yard dimension shall be 15 feet each side; the minimum
rear yard dimension shall be 50 feet; and the maximum building height
for structures shall be 35 feet.
(2)
Electric. Each mobile home berth shall be provided
with an approved electrical connection system. Underground cables
are required. All electrical wiring within the mobile home park shall
meet all Underwriters Code requirements
[Amended 6-4-1996 by L.L. No. 1-1996]
(3)
Fire protection. The mobile home park (including all
mobile homes and all other structures within the mobile home park)
shall be subject to the rules and regulations of the fire protection
district authorities.
(4)
Fires. Fires shall be allowed only in equipment specifically
designed for such purposes. Open fires are not permitted.
(5)
Fuel supply and storage. All fuel oil storage tanks
or cylinders shall be securely fastened in place and shall be located
at the rear of the mobile home and not located less than 10 feet from
any mobile home exit. Supports or stands for fuel oil storage tanks
must be of a noncombustible material. Installation must follow state
and other generally accepted standards.
(6)
General provisions and supplemental regulations. Also see Article VI and the other sections of this Article.
(7)
Green belt. A mobile home park shall be surrounded
by a landscaped green belt of at least 100 feet from each property
line. The required green belt shall not be included in the yard requirements
for the individual mobile home lot or berth.
(8)
Interior drives. Interior drives shall be designed
so as to prevent blockage of vehicles entering or leaving the site.
All drives shall be two-way. All accessways to any public street or
highway shall be located at least 200 feet from the intersection of
any street lines and shall be designed with clear visibility and shall
be maintained in a manner conducive to safe ingress and egress.
(9)
Lights. All driveways and walkways shall be lighted
at night with shielded electric lamps of not less than 100 watts each,
spaced at intervals of not more than 100 feet.
(10)
Mobile home support systems. Each mobile home
lot or berth shall contain a mobile home stand which shall be constructed
to the standards of the appropriate state code.
(11)
Recreation. A recreational area equal to at
least 800 square feet for each mobile home berth shall be set aside
and improved according to an approved recreation plan and shall not
be located in any required setback, yard or green belt area. A recreation
fee (see fee schedule) per lot may be charged in lieu of the recreation
area as determined by the Town Board.
(12)
Roadway width. All mobile home lots or berths
within the park shall abut upon a road with a right-of-way of 60 feet
having a paved all-weather roadway of not less than 28 feet in width.
The entrance to any mobile home park shall have a right-of-way width
of at least 90 feet.
(13)
Rubbish. All organic rubbish or storage shall
be contained in vermin-proof containers which shall be screened from
view of any public right-of-way or abutting property. Refuse containers
shall be located not more than 150 feet away from any mobile home
berth. Rubbish collection must be not less than once weekly and contracted
privately by the mobile home park owner.
(14)
Service buildings. All accessory service buildings
on the mobile home park site shall be connected to all mobile home
berths by a walkway of not less than three feet in width. Service
buildings shall be provided with emergency sanitary facilities of
one lavatory and one flush toilet for each sex for each 20 mobile
home sites. All maintenance equipment shall be housed within a service
building. All utilities shall be connected to mobile home sites through
a service building.
(15)
Sewage. No on-lot sewage disposal systems shall
be permitted. All waste from showers, bathtubs, flush toilets, urinals,
lavatories, washing machines and slop sinks in mobile homes and service
buildings shall be discharged into a public sewerage system.
(16)
Skirting. Each mobile home owner shall be required
to enclose the bottom portion of the mobile home with a metal or other
nonflammable material skirt, properly ventilated, within 60 days after
arrival in the park.
(17)
Soil and ground cover requirement. Exposed ground
surfaces in all parts of every mobile home park shall be paved or
covered with stone screenings or other solid material or protected
with a vegetative growth that is capable of preventing soil erosion
and of eliminating objectionable dust.
(18)
Stabilizing devices. Each mobile home shall
be tied down to prevent wind damage and shall follow the appropriate
state code.
(19)
Water. All mobile homes and service and accessory
buildings shall be connected to a central water system. Fire hydrants
shall be located at least within 500 feet of all mobile homes, service
buildings or accessory structures.
D.
Permits.
(1)
It shall be unlawful for any person to construct,
alter or extend any mobile home park unless he holds a valid permit
issued by the Code Enforcement Officer in the name of the person for
whom the specific construction, alteration or extension is proposed.
(2)
All applications for permits shall be made to the
Code Enforcement Officer and shall contain the following:
(a)
The name and address of the applicant.
(b)
Interest of the applicant in the mobile home
park.
(c)
Location and legal description of the mobile
home park, including a map showing the physical characteristics of
the property (i.e., topography, vegetation and wetlands).
(d)
Complete plans and specifications of the proposed
park showing:
[1]
The area and dimensions of the tract of land.
[2]
The number, location and size of all mobile
home lots.
[3]
The location of service buildings and any other
proposed structures.
[4]
The location and width of roadways and walkways.
[5]
The location of water and sewer lines and riser
pipes.
[6]
Plans and specifications of all buildings constructed
or to be constructed within the mobile home park.
[7]
Plans and specifications of the water supply,
refuse disposal and sewer disposal facilities.
[8]
The location and details of lighting and electrical
systems.
[9]
The phasing of the development, if any.
[10]
Such other information as may be required by
the Planning Board.
(e)
A SWPPP, if required for the proposed land development activity under Article XIV of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 247-88D. If a SWPPP is submitted together with the application to construct, alter or extend any mobile home park pursuant to this section, such SWPPP and application shall comply with the requirements of Article XIV of this chapter.
[Added 10-2-2007 by L.L. No. 2-2007]
(3)
All applications shall be accompanied by a deposit
of a fee per lot (see fee schedule). The Town Board, upon review by
the Planning Board, shall approve, approve with modifications or disapprove
such application and shall report its reasoned decision to the Code
Enforcement Officer. When, upon review of the application, the Town
Board and the Code Enforcement Officer are satisfied that the proposed
plan meets the requirements of this chapter, a permit shall be issued.
E.
Performance bond. Each application shall be accompanied
by a performance bond or other satisfactory instrument (in the amount
required by the Town Board and not less than the total estimated value
of the improvements within the mobile home park) guaranteeing the
satisfactory performance of the obligations and conditions set forth
in this Article. No permit hereunder shall become effective until
such bond is furnished and approved by the Town Attorney.
F.
Licenses.
(1)
It shall be unlawful for any person to operate any
mobile home park within the limits of the Town of Pendleton unless
he holds a valid license issued annually by the Code Enforcement Officer
in the name of such person for the specific mobile home park. All
applications for licenses shall be made to the Code Enforcement Officer,
who shall issue a license upon compliance by the applicant with the
provisions of this chapter and of other applicable legal requirements.
(2)
Every person holding a license shall give notice,
in writing, to the Code Enforcement Officer within 24 hours after
having sold, transferred, given away or otherwise disposed of interest
in or control of any mobile home park. Such notice shall include the
name and address of the person succeeding to the ownership or control
of such mobile home park. Upon application, in writing, for transfer
of the license and deposit of a fee (see fee schedule), the license
shall be transferred if the mobile home park is in compliance with
all applicable provisions of this chapter.
(3)
Application for original licenses shall be in writing,
signed by the applicant, accompanied by an affidavit of the applicant
as to the truth of the application and by a deposit (see fee schedule)
and shall contain the location and legal description of the mobile
home park and a site plan of the mobile home park showing all mobile
home lots, structures, roads, walkways and other service facilities.
(4)
Applications for renewals of licenses shall be made
in writing by the holders of the licenses, shall be accompanied by
the deposit fee (see fee schedule) and shall contain any change in
the information submitted since the original license was issued or
the latest renewal was granted.
(5)
Whenever, upon inspection of any mobile home park,
the Code Enforcement Officer finds that conditions or practices exist
which are in violation of any provision of this chapter or its amendments,
the Code Enforcement Officer shall give written notice to the person
to whom the license was issued that such conditions or practices shall
be corrected within the time specified in the notice. At the end of
such time period, the Code Enforcement Officer shall reinspect the
mobile home park. If the conditions or practices have not been corrected,
the Town shall correct the violation and the cost of the correction
shall be placed on the owner's tax bill.
(6)
Any person who has received notice from the Code Enforcement
Officer that he is in violation of his license because of conditions
or practices at the mobile home park may request and be granted a
hearing on the matter before the Town Board. If, however, no petition
for such hearing shall have been filed within 10 days following the
day on which the notice of violation was served, the Town Board shall
cause corrections to be made.
G.
Inspection of mobile home parks.
(1)
The Code Enforcement Officer shall make any inspections
that are necessary to determine satisfactory compliance with this
chapter and regulations issued hereunder. The Code Enforcement Officer
shall have the power to enter upon any private or public property
for the purpose of inspecting and investigating conditions relating
to the enforcement of this chapter and regulations issued hereunder.
The Code Enforcement Officer shall have the power to inspect the register
containing a record of all residents of the mobile home park.
(2)
It shall be the duty of the owners or occupants of
mobile home parks and mobile homes contained therein, or of the person
in charge thereof, to give the Code Enforcement Officer free access
to such premises at reasonable times for the purpose of inspection.
(3)
It shall be the duty of every occupant of a mobile
home park to give the owner thereof or his agent or employee access
to any part of such mobile home park or its premises at reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with this chapter and regulations issued
hereunder or with any lawful order issued pursuant to the provisions
of this chapter, or with the requirements of the state code for construction
and installation of mobile homes.
H.
Miscellaneous requirements.
(1)
Responsibilities of the park management.
(a)
The person to whom a license for a mobile home
park is issued shall operate the park in compliance with this chapter
and regulations issued hereunder and shall provide adequate supervision
to maintain the park, its facilities and equipment in good repair
and in a clean and sanitary condition.
(b)
It shall be the responsibility of the park management
to notify park occupants of all applicable provisions of this chapter
and inform them of their duties and responsibilities under this chapter
and regulations issued hereunder.
(c)
The park management shall supervise the placement
of each mobile home on its mobile home stand, which includes installing
all utility connections.
(2)
Responsibilities of park occupants.
(a)
The park occupant shall comply with all applicable
requirements of this chapter and regulations issued hereunder and
shall maintain his mobile home lot, its facilities and equipment in
good repair and in a clean and sanitary condition.
(b)
The park occupant shall be responsible for proper
placement of his mobile home on its mobile home stand and proper installation
of all utility connections in accordance with the instructions of
the park management.
(3)
Restrictions on occupancy. A mobile home shall not
be occupied for dwelling purposes unless it is properly placed on
a mobile home support system and connected to water, sewage and electrical
facilities and receives a certificate of occupancy from the Code Enforcement
Officer for each new connection.[1]
A.
No public garage or motor vehicle service station
or private garage for more than five cars shall have a vehicular entrance
closer than 200 feet to an entrance to a church, school, theater,
hospital, public park, playground or fire station. Such measurement
shall be taken as the shortest distance between such entrances across
the street, if the entrances are on opposite sides of the street and
along the street frontage, if both entrances are on the same side
of the street or within the same block.
B.
All motor vehicle service stations shall be so arranged
and all gasoline pumps shall be so placed as to provide all required
servicing on the premises and outside the public way. No gasoline
pump shall be placed closer to any side property line than 50 feet.
C.
Pumps, lubricating or other devices are to be located
at least 20 feet from any street line or highway right-of-way.
D.
All fuel, oil or similar substances shall be stored
at least 50 feet distant from any street line or lot line.
E.
No repair work shall be performed out-of-doors.
F.
No inoperative motor vehicles shall be kept on the
premises of motor vehicle service stations for longer than two weeks.
G.
All waste material, motors and motor parts will be
stored within a structure or enclosed within fencing so as not to
be visible from off the property.
H.
All flammable materials must be stored and handled
in accordance with National Fire Protection Agency standards.
[Added 8-24-1994]
A.
Off-street parking space(s) with a proper and safe
access shall be provided within a structure or in the open to serve
adequately the uses on each lot within the district. Any application
for a building permit for a new or enlarged building, structure or
change in use shall include with it a plot plan drawn to scale and
fully dimensioned showing any parking or loading and unloading facilities
in compliance with the regulations of this chapter. Handicapped facilities
shall be provided as required by state regulations.
[Amended 8-24-1994]
B.
A required off-street parking space shall be an area
of not less than 170 square feet, nor less than eight and one-half
(81/2) feet wide by 20 feet long (exclusive of access drives or aisles,
ramps, columns or office and work areas) accessible from streets or
alleys for the storage or parking of passenger automobiles or commercial
vehicles under one and one-half (11/2) tons' capacity. Aisles between
vehicular parking spaces shall not be less than 25 feet in width when
serving automobiles parked perpendicular to the aisles and accommodating
two-way traffic.
[Amended 8-24-1994]
C.
Parking facilities shall be designed with appropriate
means of vehicular access to a street or alley in such a manner as
will least interfere with the movement of traffic.
[Amended 8-24-1994]
D.
No parking space (nor portion thereof) established
on the same zoning lot with a building shall be located within a required
front yard area except in an established driveway. No parking spaces
nor portion thereof established on a lot without a building shall
be located closer to any street line than the front yard setback required
for the zoning district in which it is located.
E.
All open off-street parking spaces, except those accessory
to single-family dwellings, shall be improved with a compacted macadam
base or surfaced with some all-weather dustless materials.
F.
All open off-street parking areas and loading and
unloading areas shall be so graded and drained as to dispose of all
surface water accumulation, as approved by the Code Enforcement Officer.
[Amended 8-24-1994]
G.
Open off-street parking, loading and unloading areas
and business and industrial buildings shall be screened from all adjoining
residential districts by either a strip four feet wide, densely planted
with shrubs or trees or a fence, screen or masonry wall three feet
high from the street line to the front line and seven feet high for
the remaining distance. Such screening shall be properly maintained.
Also the better side of such fencing shall face the residential side.
H.
Any illumination of off-street parking, loading or
unloading areas, buildings or signs or illumination for yards shall
be so arranged as to direct the light away from the street and from
adjoining premises.
A.
Off-street loading and/or unloading spaces for commercial
and/or industrial vehicles shall be provided on each lot where it
is deemed that such facilities are necessary to serve the use or uses
on the lot. The number of loading and/or unloading spaces required
for commercial and/or industrial vehicles shall be in addition to
the off-street parking requirements. Each loading and/or unloading
space shall be at least 14 feet wide and 60 feet long, shall have
at least a fifteen-foot vertical clearance, shall have a sixty-foot
maneuvering area, shall have an all-weather surface to provide safe
and convenient access during all seasons and shall not be constructed
between the street right-of-way line and the building setback line.
B.
Required off-street parking space shall not be used
for loading and/or unloading purposes, except during hours when business
operations are suspended.
C.
Loading and/or unloading facilities shall be designed
so that trucks must not back in or out of nor park in any public right-of-way.
[Amended 8-24-1994]
D.
No truck shall be allowed to block a right-of-way
or an automobile parking area or in any way prohibit the effective
flow of persons or vehicles.
E.
At least one off-street loading and/or unloading space
shall be provided for all commercial and industrial establishments
in excess of 3,500 square feet of floor area.
[Amended 8-24-1994; 4-6-2004; 1-8-2018]
A.
Purpose; intent.
(1)
The purpose of this section is to protect and regulate the public
health, welfare and safety by regulating existing and proposed outdoor
advertising and outdoor signs of all types in all zoning districts.
It is intended to protect property values, to create a more attractive
economic and business climate and to protect the physical appearance
of the community. It is further intended to reduce sign or advertising
distractions and obstructions that may contribute to traffic issues
and to reduce the adverse effects of signage on natural beauty and
on the environment in general.
(2)
No signs shall be erected, altered, moved or used except in conformance
with these regulations.
B.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- AWNING OR CANOPY SIGN
- Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
- FREESTANDING OR GROUND SIGN
- Any sign, including a monument sign, supported by structures or supports that are placed on or anchored in the ground that is independent of any building or structure.
- LED SIGN
- Light-emitting diodes (LED), differing from incandescent bulbs because a variety of colors can be emitted from the same bulb without using filters. Such sign has the ability to display scrolling or flashing messages as well as a variety of colors. This definition includes electronic message boards, liquid crystal displays, digitized signs or sign parts, variable electronic message centers and similar electronic displays.
- OFF-PREMISES SIGN
- A sign which directs attention to a business, product, activity or service which is generally conducted sold or offered elsewhere than upon the premises where such sign is located.
- POLE SIGN
- A permanent, freestanding sign that is mounted on a pole or other support that is placed on and anchored in the ground or on a base and that is independent of any building or other structure.
- POLITICAL SIGN
- A temporary sign or poster advocating the election of a particular candidate or candidates for public office. Signs or posters shall not exceed 16 square feet in both residential and nonresidential zoning districts.
- PORTABLE SIGN
- Any sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich-board signs, balloons used as signs; and umbrellas used for advertising.
- SIGN
- A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. A motor vehicle or trailer shall be deemed a sign if it is lettered or displayed in such a fashion as to attract attention and is utilized to advertise or otherwise call attention to a business located in, or event taking place in, the Town of Pendleton or surrounding communities.
- (1) Exceptions. For the purposes of this section, the term "sign" does not include:
- (a) Signs erected and maintained pursuant to and in discharge of any governmental function.
- (b) Signs prohibiting trespassing.
- (c) Integral, decorative or architectural features of buildings, except letters or trademarks.
- (d) Temporary signs not exceeding four square feet per face for special events for directing and guiding traffic and parking on private commercial or industrial property and bearing no advertising.
- (e) Signs not exceeding one square foot per face that advertises the cost of motor fuel when attached to a fuel pump or service island canopy.
- (f) Signs noting "Open" or "Closed," provided they are displayed from inside the structure.
- (a)
- TEMPORARY SIGN
- Any sign that is used for 90 days or less and is not permanently mounted.
- WALL SIGN
- A sign integral with or attached to and supported by the exterior wall of a building or fascia attached to such wall and projecting not more than 12 inches therefrom.
C.
Rules and regulations.
(1)
No sign shall prevent or interfere with the driver of a vehicle from
having a clear and unobstructed view of any official sign, entrance
or exit roadway, intersection or approaching or merging traffic.
(2)
No green or red illuminated electronic message display (EMD) signs
shall be located within 200 feet of a traffic signal light.
(3)
No sign which obstructs vision at elevations exceeding 36 inches
in height shall be placed or maintained within the triangular area
formed by two intersecting street lines and a line connecting points
thereon 30 feet distant from their point of intersection.
(4)
No sign shall attempt (or appear to attempt) to direct the movement
of traffic or imitate or resemble an official sign, signal or device.
(5)
All signs shall comply with applicable regulations of the New York
State Department of Transportation.
(6)
Off-premises signs are prohibited.
(7)
No signs, except such directional devices as may be required by the
federal aeronautical authorities, shall be placed, inscribed or supported
upon or above the highest part of the roofline.
(8)
All signs, sign finishes, supports and electrical work shall at all
times be maintained in a clean, neatly painted, free-from-all-hazards,
safe and structurally sound condition and shall be maintained by replacement
of defective or worn parts, faulty wiring, loose supports, braces,
guys and anchors, and by painting, repainting and cleaning. Signs
shall be maintained in a condition that will enhance or maintain the
aesthetic quality of the surrounding neighborhood. Any sign found
to be in an unsafe condition or insecure to the point that it is deemed
a hazard to public health and safety shall be suitably repaired or
removed by the owner as deemed appropriate by the Code Enforcement
Officer, or shall be subject to immediate removal by the Town.
(9)
No exterior portable or temporary signs shall be erected, used or
maintained without a temporary sign permit issued by the Code Enforcement
Officer for the following purposes only:
(a)
New business enterprises which are waiting erection of permanent
signs, for a period not exceeding 30 days.
(b)
Business enterprises which have lost the use of an existing
sign by reason of fire or other catastrophe, for a period not exceeding
30 days.
(d)
Other signs of a temporary nature, such as posters, banners,
promotional devices, A-frame signs and other signs of a similar nature,
may be granted a temporary permit for a period not to exceed 90 days,
provided that such signs are not attached to fences, trees, utility
poles or the like and further provided that such signs are not placed
in a position that will obstruct or impair vision or traffic or in
the town right-of-way, or in any manner create a hazard or disturbance
to the health and welfare of the general public. Upon termination
of the event for which said signs, posters, banners or promotional
devices were erected, the same shall be removed from said property
no later than 48 hours thereafter.
(10)
All signs containing electrical wiring, including extension
cords, shall be subject to the provisions of the National Electrical
Code (NEC) and an electrical permit issued by the Town of Pendleton.
The electrical components used shall bear the label of an approved
testing agency.
(11)
All signs or posters shall be set back so that every part of
the sign and any supporting structure are no closer than 10 feet to
the road shoulder or street right-of-way or property line, whichever
is greater.
(12)
Face area: the area defined by the outermost portion of the
frame, support or edge of a sign (including roof, enhancement, etc.).
Where there is not a geometric frame or edge of a sign, the sign area
shall be defined by a projected, enclosed four-sided (straight sides)
geometric shape which most closely outlines the sign. Only one face
of a sign shall be used in measuring the sign area. Multiple faces
are allowed per sign, provided that the combination does not exceed
the maximum allowable size.
(13)
No signs erected or maintained on the window of a building shall
occupy more than 30% of the area of said window.
(14)
No sign shall be erected, relocated or maintained so as to prevent
or obstruct ingress or egress routes, paths or any right-of-way, walkway,
door, window or fire escape. No unofficial sign shall be attached
to a standpipe or fire escape.
(15)
No sign shall be attached to a utility pole, fence or tree,
with the exception of informational signs pursuant to issues of health
and safety not to exceed one square foot and not to exceed one sign
per every 100 feet, e.g., "Private Property" or "Beware of Dog."
(16)
For all signs requiring a permit, the permit must be obtained from the Building Department. It shall be unlawful to erect, construct, enlarge, move or convert any sign, or cause the same to be done, without obtaining a sign permit for each sign. (Refer to § 247-53D)
(17)
Town employees will remove any signs and/or posters posted on
public rights-of-way in violation of the rules outlined herein. The
violator will reimburse any costs involved in the removal.
D.
Permit requirements. The provisions of this section shall apply to
all signs in all zoning districts as established and those amended
by the Zoning Law of the Town of Pendleton:
(1)
Permit required. No person, firm or corporation shall hereafter erect,
re-erect, construct or structurally alter a sign or sign structure
without a permit first having been issued by the Building Department.
(2)
Application. Every application for a sign permit shall include the
name, address and telephone number of the applicant and shall be accompanied
by plans, drawn to scale, showing the dimensions of the sign, the
structures supporting the sign, the position of the sign in relation
to nearby buildings or structures, the location of the building, structure
or lot to which or upon which the sign is to be attached or erected,
and the location of all utilities, the method of illumination, if
any, and such other information as the Building Department shall require
to show full compliance with this section and all other laws and ordinances
of the Town of Pendleton.
(3)
Review. The Code Enforcement Officer shall review and verify the
signed and completed application.
(4)
Issuance of permit.
(a)
Upon application approval, the Code Enforcement Officer shall
issue a sign permit.
(b)
For multiple developments, a coordinated signage plan must be
submitted to the Planning Board in addition to the application procedure
as part of the site plan review and approval. For multiple developments,
the Planning Board shall review coordinated signage plans and approve
the locations, sizes and number of permitted signs.
(5)
Signs allowed in all districts, no sign permit required.
(a)
One sign for each building or lot, advertising the sale, rental
or lease of the premises or part thereof on which the sign is displayed,
not exceeding three square feet in residential districts and 12 square
feet in commercial and industrial districts.
(b)
Official signs, notices or direction devices erected or maintained
by federal, state, county, or local governments or agencies thereof.
(c)
One sign denoting the name and address of the occupants of the
premises, which sign shall not exceed two square feet in face area.
(d)
One sign denoting the architect, engineer or contractor placed
on the premises where construction, repair or renovation is in progress,
which sign shall not exceed 32 square feet in face area. The sign
must be removed from the premises within seven days after such construction,
repair or renovation is completed.
(e)
In Commercial and Industrial zoned properties, businesses may
utilize "Open/Closed" signage as well as other commonly occurring
business displays provided that they are attached to a structure or
windows, as is typical to advertising sale events or branding items.
(e.g. "Ice Cream", translucent window decals, LED or neon "Open/Closed"
signs, etc.) Items not related to these types of signage shall be
required to follow the rules regarding temporary signage and may require
a permit.
(6)
Signs allowed in all districts, sign permit required.
(a)
One freestanding sign, or one building sign, either of which
may be illuminated, neither of which shall exceed 32 square feet in
face area, located on the premises of a public or quasi-public organization
or institution and not less than 10 feet from any lot line, and not
more than six feet in height above the finished grade (churches, fire
departments, cemeteries, etc.).
(b)
Signs advertising subdivision lots, not to exceed 32 square
feet or eight feet in height above finished grade, shall be permitted
at each entrance (collector) to the subdivision.
(c)
Signs identifying residential areas shall not be permitted.
(7)
Signs allowed in nonresidential districts, sign permit required.
(a)
Building signs.
[1]
Number: except for canopy signs, two per each individual establishment.
[2]
Maximum face area: 30% of building frontage wall area, up to
15 feet in height, not to exceed 200 square feet.
[3]
Wall signs shall not project above or beyond the ends of the
building or its parapet or the highest point of the roof, whichever
is higher.
(b)
Freestanding signs.
[1]
Number: one per each individual establishment.
[2]
Maximum face area: 100 square feet.
[3]
Signs shall not exceed 100 square feet in face area, shall not
exceed eight feet in height and shall be located not less than four
feet from any adjacent business or industrial lot or 15 feet from
an adjacent residential lot or street right-of-way. The minimum front
yard setback shall equal 10 feet.
[4]
Pole signs shall not exceed 100 square feet in face area and
shall not exceed 25 feet in height, nor shall the lowest member, excluding
the pole, be less than eight feet from the finished grade. They shall
be located not less than 15 feet from an adjacent residential lot
line and shall not project over any public right-of-way or encroach
upon the property of another. The minimum front yard setback shall
equal 10 feet.
(c)
Temporary signs.
[1]
Temporary signs may consist of portable signs, banners, A-frame
signs, pennants or streamers.
[2]
Portable signs shall not exceed 24 square feet per face.
[3]
Banners shall not exceed 50 square feet.
[4]
A-frame signs shall not exceed eight square feet per face.
[5]
Temporary signs may be used for a period not to exceed 90 days.
[6]
All other provisions of this chapter shall also pertain to temporary
signs.
[7]
A sign shall be considered permanent and presumed to be permanent
when it is attached below grade or to a structure above or below grade
either mechanically or physically and is not capable of being readily
removed; any sign in existence over 90 days, regardless of the manner
of attachment, shall be considered and presumed to be a permanent
sign and must comply with all requirements of this chapter which apply
to permanent signs.
(d)
Multiple developments.
[1]
Signage in multiple developments, such as shopping areas, office
parks and industrial parks, shall exhibit a degree of uniformity so
as to impart a sense of unity and harmony to the development. Each
individual establishment shall be permitted to have one building sign
and one canopy sign.
[2]
The multiple development may have one freestanding sign. Additional
signage may be granted by the Planning Board if justified by a coordinated
signage plan presented during the site plan review process.
[3]
No owner, tenant or other user shall deviate from the coordinated
signage plan.
(e)
Billboards.
[1]
Billboards, due to issues of traffic safety and the visual landscape,
shall not be allowed in any district, except upon issuance of a permit.
Locations of billboards shall be limited to Light Industrial or Medium
Commercial zoned areas and prohibited from the remainder of the Town.
Billboards shall not exceed 400 square feet per face, shall maintain
a minimum distance of 2,000 feet from any other billboard, shall observe
the same height requirements as for pole signs and shall not be located
closer than 50 feet to a residential district.
[2]
Billboards shall be subject to any additional conditions deemed
necessary during the review process.
[3]
Billboards are subject to approval of the Planning Board.
(f)
Parking lot pavement markers, directional signs, accessible
signage, entrance and exit signs, and other such signs which are erected
on the premises shall not contain any advertising of the use of the
premises and shall at all times comply with the NYS Uniform Code standards.
Upon updating any pavement markings or signage, all current code requirements
must be met.
(g)
Business directional signs, not to exceed three square feet
in face area, shall be limited to providing directional information
only, shall be limited to locations along highways at or near the
intersection of the appropriate street and shall be placed a minimum
of one foot from the right-of-way, except when regulated by the New
York State Department of Transportation direction sign programs or
Town Highway Superintendent.
E.
Signs in violation; fine; revocation of permit; removal of certain
signs.
(1)
General conditions.
(a)
All signs shall be kept clean, neatly painted and free from
all hazards, including faulty wiring and loose fastenings, and shall
be maintained at all times in such tidy and safe condition as not
to disservice the public health, safety and general welfare. Any sign
found unsafe or insecure or that is a menace to the public shall be
suitably repaired or removed by the owner.
(b)
Any sign no longer performing its original function due to vacancy
or other change on the premises on which said sign is located shall
be painted over by the owner of said premises within 30 days of said
condition and removed within one year of said condition. Said removal
shall include the foundation and supporting structure.
(2)
Penalties for offenses. Violators shall be liable to a fine as prescribed
by the Town Code.
(3)
Revocation of permit. In addition to the provisions noted below,
the Enforcement Officer may cause any sign which is a source of immediate
peril to persons or property to be removed summarily without notice.
(a)
If a sign authorized under any such permit has not been completed,
erected or placed within one year from the date of the issuance thereof,
such permit shall become null and void but may be renewed within 30
days of the expiration thereof for good cause shown and upon payment.
(b)
When a sign authorized under any such permit has been completed,
erected or placed other than in conformance with all terms and conditions
of the application and permit, the Building Department shall give
written notice to the owner of the sign, building, or premises to
which it is attached, specifying the violation and directing conformance.
The sign shall thereupon be conformed to the permit or removed within
30 days from the date of such notice. In the event that the sign is
not conformed or removed in 30 days, the Building Department shall
revoke the permit and such sign shall be removed by the owner or,
upon order of the Town Board, by the Building Department, with the
owner paying all removal costs.
(4)
Removal of certain signs.
(a)
Absentee business. Any permanent sign which advertises a business
or operation no longer conducted on the premises shall be removed
by the owner of the premises upon which said sign is located. The
Building Department shall provide written notice to the owner of the
premises to remove said sign within 30 days. Upon failure to comply
with this notice, the Building Department shall remove, or cause to
be removed, said sign and shall cause all costs and expenses incurred
to be assessed against the property owner.
(b)
Temporary signs erected without a permit on private property
will be granted three days for removal after notice is received by
the business or landowner. Any sign located in a public right-of-way
may be removed immediately without notice.
(5)
Unsafe or unsecured signs.
(a)
Should the Building Department find that any sign or other advertising
structure regulated herein is unsafe or insecure, or is a menace to
the public, or is in violation of the construction and maintenance
provisions of this section, it shall give written notice to the owner
of the premises upon which such sign is located. If said sign is not
repaired in 10 days, the Building Department shall revoke the permit,
if any, and may cause said sign to be removed. If the permitted agent
fails to remove or alter the structure so as to comply with the standards
within 10 days after such notice, such sign shall be removed or altered
to comply with this section at the expense of the permitted agent
or owner of the property upon which it is located.
(b)
Any sign which is an immediate peril to the health or safety
of persons or property is to be removed summarily and without notice.
Any expense incident thereto shall be paid by the owner of the building,
structure or lot to which such sign is attached.
(c)
Any sign that has been illegally placed within a public right-of-way
may be removed summarily and without notice. Any expense incident
thereto shall be paid by the owner of the building, structure or lot
to which such sign is attached.
(d)
Penalties for offenses. Any person who violates any provision
of this section is guilty of a violation punishable by a fine not
exceeding $350 for the first violation; a minimum of $350 and a maximum
of $700 for a second violation within five years; and a minimum of
$700 and a maximum of $1,000 for a third or subsequent violation within
five years; or imprisonment for a period not to exceed six months,
or both. Each week's continued violation shall constitute a separate
violation.
F.
Electronic message centers (EMC).
(1)
All signs containing electrical wiring shall be subject to the provisions
of the National Electrical Code and an electrical permit verified
by the Town of Pendleton. The electronic components used shall bear
the label of an approved testing agency.
(2)
Electronic message display (EMC) signs may be permitted, subject
to an electrical permit issued by an approved third party, in the
Light Commercial (CO1), Medium Commercial (CO2) and Light Industrial
(LI) and Special Light Industrial (SLI) Districts. Electronic message
display (EMD) signs may also be permitted, subject to a special use
permit to be issued by the Town of Pendleton Planning Board, together
with an electrical permit issued an approved third party, for the
following purposes, in any zoning district.
(3)
There shall be no more than one EMC sign per parcel of land, except
that for corner lots, there may be one EMC sign per street.
(4)
Illuminated signs or lighting devices shall employ only light of
constant intensity.
(5)
Applications. All applications for EMC signs are subject to approval
by the Code Enforcement Officer. The EMC is subject to the following
requirements:
(a)
Operational limitations. Such displays shall be limited to static
displays, messages that appear or disappear from the display through
dissolve, fade, travel or scroll modes, or similar transitions and
frame effects that have text, animated graphics or images that appear
to move or to change in size or to be revealed sequentially rather
than all at once.
(6)
No EMC shall be so placed as to permit its beams and illumination
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or nuisance.
(7)
The full number of illuminating elements of an EMC shall be kept
in working condition or shall be immediately repaired or replaced.
(8)
The brightness levels of the electronic message sign shall at any
part of any roadway not exceed as follows: a daytime level of no greater
than 7,500 nits and a nighttime level of no greater than 500 nits.
"Nighttime" is defined as the time from 1/2 hour before sunset to
a 1/2 hour after sunrise. A "nit" is a unit of measurement for luminance
brightness. It is also referred to as "candela per square meter" (cd/m2).
In the event that an EMC sign is not capable of adjusting its level
of illumination, the property owner shall install an external dimming
mechanism, and if that is not possible, based upon proof that the
owner shall submit to the Town of Pendleton Building Department, then
the EMC sign shall be considered to be "grandfathered," but if any
EMC sign so grandfathered is replaced or updated, it shall conform
to the standards set forth in this section.
(9)
The duration time of a message displayed on the EMC shall be a minimum
of 10 seconds. "Duration time" is how long a message must remain fixed
in place before it can transition to another message.
(10)
The transition time of the EMC signs should not last more than
one second. The "transition time" is how long it takes to go from
one message to the next.
(11)
Message displays will be instantaneous, without scrolling, fading-in,
dropping-in or similar moving copy changes, and moving pictures and
digital movies shall not be displayed.
G.
Nonconforming signs.
(1)
Permanent signs. To avoid hardship, owners shall be allowed to use
nonconforming signs permanently affixed to a structure or foundation
which have been in existence prior to the effective date of this chapter.
(2)
Replacement. A nonconforming sign which is destroyed or which is
damaged to an extent in excess of 50% of its value shall not be replaced
except by a sign which conforms to this chapter.
(3)
Alteration. A nonconforming sign may not be altered, rebuilt or resumed
except in conformity with this chapter as well with the regulations
for the district in which it is located.
[Amended 8-24-1994; 9-2-1997; 11-8-2000; 8-2-2005; 10-2-2007 by L.L. No. 2-2007; 9-7-2010]
A.
Intent. The intent of site plan review is to evaluate
specified land uses in terms of their suitability to natural site
conditions, their compatibility with surrounding land uses and their
conformance with overall plans for the community, thus minimizing
possible adverse effects on the health, safety and welfare of local
residents.
B.
Applicability. All applications for building permits,
including change of use, shall be accompanied by an approved site
plan, except for the following: single- and two-family dwellings,
including permitted accessory uses and additions and general farming
use.
C.
Reviewing agency. The final site plan shall be subject
to the approval of the Planning Board.
D.
Review procedures.
(1)
Planning Board review; sketch plan.
(a)
A preliminary sketch plan conference shall be
held between the Planning Board and the applicant prior to the preparation
and submission of the final site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of his proposal
prior to the preparation of a detailed site plan and prior to incurring
design costs, and for the Planning Board to review the basic site
design concept, advise the applicant as to potential problems and
concerns and generally determine the information to be required on
the site plan. The project's status under State Environmental Quality
Review (SEQR) will be determined at this time.
(b)
In order to accomplish these objectives, the
applicant shall provide sketches of the proposed development, together
with an area map showing the location of the site in the general area.
This step is designed to save the applicant from possible future delays.
A sketch plan application must be filed and a sketch plan fee must
be paid to the Town Clerk prior to the preliminary sketch plan conference
with the Planning Board.
(c)
The Planning Board will review the site plan
sketch and advise the applicant on whether to proceed with a final
site plan review. If the project does not warrant final site plan
action, the Planning Board will take action without a public hearing.
(2)
Final site plan review.
(a)
The applicant shall submit to the Planning Board
an application for final site plan review approval, which shall be
accompanied by 15 copies of the following:
[1]
A copy of the final plat application form.
[2]
A boundary survey.
[3]
A topographical survey based on United States
Geological Survey (USGS) data to extend a reasonable distance beyond
the site.
[4]
The location of existing and proposed easements.
[5]
Existing natural features, such as watercourses,
water bodies, wetlands, wooded areas, individual large trees and flood
hazard areas. Features to be retained in the development should be
indicated.
[6]
Soil characteristics, regarding capabilities
and/or limitations for development if required.
[7]
The location and design of all existing on-site
or nearby improvements, including drains, culverts, water lines, sewers,
gas/electric lines and poles, bridges, retaining walls, fences and
stormwater management areas.
[8]
The location and design of proposed utilities,
including water, sanitary and storm sewer systems.
[9]
The location and design of all streets, parking
and service areas, access drives and bicycle and pedestrian ways within
and immediately adjoining the site.
[10]
The location and height of proposed buildings,
structures and enclosures.
[11]
The location and proposed development of all
open space, including parks, playgrounds, screen plantings and other
landscaping.
[12]
The location, size and design of all proposed
signs and lighting facilities.
[13]
Building elevation drawings.
[14]
A grading and drainage plan showing existing
and proposed contours at intervals not exceeding 2.5 feet.
[15]
Other elements integral to the proposed development
as considered necessary by the Planning Board.
[16]
Map, plan and report with all legal documentation
submitted to create a stormwater drainage district or districts for
this site. A district shall be defined as the watershed area for a
specified location under post-development conditions where stormwater
is discharged from this site on the public right-of-way.
[17]
A SWPPP, if required for the proposed land development activity under Article XIV of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 247-88D. If a SWPPP is submitted pursuant to this section, such SWPPP and site plan shall comply with the requirements of Article XIV of this chapter.
(b)
Drawings, documents and information are to be
prepared by a qualified professional engineer, architect, planner
or surveyor, as appropriate and as determined necessary by the Planning
Board. This must be submitted within six months of the sketch plan
acceptance.
(3)
Public hearing. The Planning Board shall conduct a
public hearing on the final site plan review within 62 days of receipt
of a complete final site plan. This hearing shall be advertised at
least once in the official newspaper of the Town at least five days
before such hearing. Notification of public hearing shall be sent
to all property owners within 400 feet of the site plan review property.
(4)
Referrals. Prior to taking action on the site plan,
the Planning Board shall review the recommendations received from
the Town Board, Town Engineer, Highway Superintendent, Code Enforcement
Officer, Assessor, County Planning Board and all other officials and
agencies deemed necessary.
E.
Review standards. The Planning Board's review of the
final site plan shall include as appropriate but is not limited to
the following considerations:
(1)
Zoning compliance and compatibility with the Master
Plan.
(2)
The location, arrangement, size, design and general
site compatibility of buildings, lighting and signs; the adequacy
and arrangement of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic
control.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4)
The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(5)
The adequacy of stormwater management facilities and
drainage facilities; the adequacy of water supply and sewage disposal
facilities.
(6)
The adequacy, type and arrangement of trees, shrubs
and other landscape constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation. The Planning Board will have authority to
determine the need, size, placement and type of buffer and/or barrier.
(7)
The adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(8)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(9)
The overall impact on the neighborhood, including
compatibility of design considerations.
F.
Performance and design standards.
(1)
Fire and explosive hazards. All activities and all
storage of flammable and explosive material shall be provided with
adequate safety devices against the hazards of fire and explosion,
and adequate fire-fighting and fire-suppression equipment and devices
shall be required.
(2)
Radioactivity or electrical disturbances. There shall
be no activities which emit radioactivity onto adjoining properties.
There shall be no electrical disturbance adversely affecting the operation
of any equipment other than that of the creator of the disturbance.
(3)
Smoke. There shall be no emission from a chimney or
other device for longer than five minutes in any hour of visible gray
or visible smoke of any other color with a shade darker than No. 3
of the standard Ringelmann Smoke Chart as issued by the United States
Bureau of Mines.
(4)
Smoke, ash, dust, fumes, vapor, gases and other forms
of air pollution.
(a)
There shall be no emission at any point from
any chimney or other device which can cause any damage to health,
to animals, to vegetation or to other forms of property or which causes
any excessive soiling at any point.
(b)
The erection or use of any building or structure
or the use of any land for any purpose which shall be noxious or injurious
by the reason of the production or emission of dust, smoke, refuse
matter, odor, gas, fumes, noise, vibration or similar substances or
conditions shall be prohibited.
(5)
Liquid and soil wastes. There shall be no discharge
at any point into any public sewerage system or stream or into the
ground of any materials in such a way or of such a nature as can contaminate
or otherwise cause the emission of hazardous materials.
(6)
Noise and vibration. There shall be no vibration or
noise level at the property line greater than the average noise level
occurring on adjacent streets.
(7)
Glare. No direct glare, whether from floodlights or
from high-temperature process, shall be visible from adjoining public
streets or adjacent lots when viewed by a person standing on ground
level.
(8)
Odor. There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive on adjoining
streets or adjacent lots.
(9)
Storage. All materials will be stored inside an enclosed
(but not necessarily roofed) structure. All organic rubbish or storage
shall be contained in verminproof containers, which shall also be
screened from public view.
(10)
Shopping cart storage. Any establishment which
furnishes carts or mobile baskets as an adjunct to shopping shall
provide definite areas within the required parking space areas for
storage of said carts. Each designed storage area shall be clearly
marked for storage of shopping carts.
(11)
Lighting. All parking areas, driveways and loading
areas shall be provided with an adequate lighting system. All lighting
shall be completely shielded from traffic on any public right-of-way
and from any residential district.
(12)
Building design. Buildings shall be designed
to take advantage of the natural terrain and shall not be physically
located to unnecessarily concentrate activity in one portion of the
lot. At least one entrance shall be at ground level. All pedestrian
entrances shall be paved with an all-weather surface. A curbing strip
shall be provided to separate parking areas, streets and driveways.
(13)
Vehicles. Any movable structure, trailer, automobile,
truck or parts of these items or any other items of similar nature
allowed to remain on the premises a longer time than that required
to unload or otherwise discharge its normal functions shall be considered
subject to all regulations set forth in this chapter.
(14)
Change in occupancy. Any change in occupancy
and/or use in an existing building which is used for commercial and/or
industrial purposes will require an inspection by the Code Enforcement
Officer and a new certificate of occupancy issued for the intended
use. If external changes to the structure are required, a site sketch
plan will be required before a building permit and/or certificate
of occupancy is issued.
G.
Planning Board action. Within 62 days of the public
hearing for final site plan approval, the Planning Board shall either
approve or disapprove the final site plan and notify the applicant,
stating the basis if not approved. This time period may be extended
by mutual consent of the Planning Board and the applicant to allow
all interested parties to comment on or modify the proposal.
H.
Code Enforcement Officers. Upon approval by the Planning
Board, a complete final site plan review package will be sent to the
Code Enforcement Officers before a building permit is issued.
I.
Fee. An application for the find site plan review
shall be accompanied by a fee in an amount as determined by the Town
Board.
J.
Reimbursable costs. Costs incurred by the Planning
Board for consultation fees or other extraordinary expense in connection
with the review of a proposed site plan shall be charged to the applicant.
K.
Improvements.
(1)
No
certificate of occupancy shall be issued until all improvements shown
on the site plan are installed or a sufficient performance guarantee
has been posted for improvements not yet completed.
(2)
The
Code Enforcement Officer shall be responsible for the overall inspection
of site improvements, including coordination with other officials
and agencies as appropriate.
(3)
The
applicant shall provide a map satisfactory to the Code Enforcement
Officer indicating locations of monuments marking all underground
utilities as actually installed. No performance bonds shall be released
nor certificates of occupancy issued until such map is provided by
the developer.
L.
Approvals. Approvals granted by the Planning Board
of the Town of Pendleton will be honored for one year from the date
of approval. A building permit for the project must be procured from
the Code Enforcement Officer within the one-year limitation period.
Applicants seeking to restart their project subsequent to the one-year
limitation period will be referred back to the Planning Board for
a new site plan review.
[Amended 8-24-1994; 6-4-1996 by L.L. No. 1-1996]
All oil or gas wells and gas and oil storage
facilities shall be located in accordance with the yard requirements
of this chapter. They shall not be nearer than 150 feet to any public
building or area which may be used as a place of assembly, education,
entertainment, lodging, trade, manufacture, repair, storage, traffic
or occupancy by the public. They should not be nearer than 75 feet
to the traveled part of any public street, road or highway and/or
closer than 100 feet to any public stream, river or other body of
water. In addition, all laws and regulations enforced by the Oil and
Gas Division of the New York State Department of Environmental Conservation
shall be observed.[1]
A.
It shall be unlawful for any person to construct,
maintain or operate, within the limits of the Town of Pendleton, any
airport unless such person shall first obtain a permit therefor. Such
permit shall be issued by the Town Board after a public hearing.
B.
A permit shall be valid for a period of three years.
Application for a renewal shall be filed with the Town Board not less
than 60 days before expiration of the current permit. Any permit not
renewed within 60 days after the expiration date shall become null
and void. A renewal shall not require a public hearing. A change of
ownership and/or operating personnel shall require a new permit.
C.
Application for a permit for an airstrip shall be
accompanied by a fee (see fee schedule) and also any engineering costs.
A renewal fee (see fee schedule) shall be collected every three years.
[Amended 8-24-1994]
D.
Applications for permits shall be accompanied by a
plan of the airport showing the size of the field, position and size
of buildings or structures, runways, number of planes permanently
stationed or housed thereon, etc. It shall show the location of the
airport from two intersecting streets. Any alteration or changes in
the length or direction of runways shall require a new permit.
E.
If, for any reason, the Town Board shall order an
airport to cease operation as such, the airport may be granted a period
of up to three years to comply with the order of the Town Board.
F.
No plane other than the applicant's may be based permanently
at a private airstrip.
[Amended 8-24-1994]
G.
Spacing requirements between existing and proposed
airports shall be the sum of the following radii prescribed for each
airport, in accordance with its size classification as defined in
this section.
|
Class
|
Radius
(miles)
| |
|---|---|---|
|
I or smaller
|
1
| |
|
II
|
2
| |
|
III
|
3
| |
|
IV or larger
|
4
|
H.
The size classification of airports under this section
shall be in accordance with the standards as established by the Federal
Aviation Administration or its successor.
[Amended 8-24-1994]
A.
No dump is allowed in town.
[Added 8-24-1994]
B.
All junkyards shall conform to the following regulations:
(1)
Requirement for operation or maintenance. No person
shall operate or maintain a junkyard or auto wrecking yard until he
has obtained a permit from the Town Board to operate or maintain said
junkyard or auto wrecking yard. Permits shall be issued on a calendar
basis.
(2)
Application for permit. Application for the permit
shall be made in writing to the Town Board. The application shall
contain a description of the land to be included within said junkyard
or auto wrecking yard.
(3)
Hearing. A hearing on the application shall be held
not less than two nor more than four weeks from the date of the receipt
of the application by the Town Board. Notice of the hearing shall
be given to the applicant by mail, postage prepaid, to the address
given in the application and shall be published once in a newspaper
having a circulation within the town, which publication shall be not
less than seven days before the date of the hearing.
(4)
Permit requirement. At the time and place set for
hearing, the Town Board shall hear the applicant and all other persons
wishing to be heard on the application for a permit to operate or
maintain the junkyard or auto wrecking yard. In considering such application,
the Town Board shall take into account the suitability of the applicant,
with reference to his ability to comply with the fencing requirements
or other reasonable regulations concerning the junkyard or auto wrecking
yard, to any record of convictions or any type of larceny or receiving
of stolen goods and to any other matter within the purposes of this
section.
(5)
Location requirements. At the time and place set for
hearing, the Town Board shall hear the applicant and all other persons
wishing to be heard on the application for the permit as to the location
of the junk yard or auto wrecking yard. In passing upon same, it shall
take into account, after proof of legal ownership or right to such
use of the property for the permit period by the applicant, the nature
and development of the surrounding property, such as the proximity
of churches, schools, hospitals, public buildings or other places
of public gathering and whether or not the location can be reasonably
protected from affecting the public health and safety by reason of
offensive or unhealthy odors or smoke or of other causes.
(6)
Aesthetic considerations. At the hearing regarding
location of the junkyard or auto wrecking yard, the Town Board may
also take into account the clean, wholesome and attractive environment
which has been declared to be of vital importance to the continued
general welfare of its citizens by considering whether or not the
location can be reasonably protected from having an unfavorable effect
thereon. In this connection, the Town Board may consider collectively
the type of road servicing the junkyard or auto wrecking yard or from
which the junkyard or auto wrecking yard may be seen, the natural
or artificial barriers protecting the junkyard or auto wrecking yard
to residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other sites for the junkyard
or auto wrecking yard.
(7)
Grant or denial of applications. After the hearing
the Town Board shall, within two weeks, make a finding as to whether
or not application should be granted, giving notice of their finding
to the applicant by mail, postage prepaid, to the address given on
the application. If approved, the permit shall be forthwith issued
to remain in effect until the following December 31st. Approval shall
be personal to the applicant and not assignable. Permits may be renewed
upon submission of an application for said renewal. Renewal permits
shall not be issued unless all of the provisions of this chapter are
complied with during the prior license period, the junkyard or auto
wrecking yard does not become a public nuisance under the common law
and the applicant is not convicted of any type of larceny or the receiving
of stolen goods.
(8)
Permit fees: see fee schedule. In the event that the
permit is not granted, the fee shall be returned to the applicant.
The applicant shall pay the cost of advertising such application and
such other reasonable costs incident to the hearing as are clearly
attributable thereto and said permit shall not be issued until payment
of the same.
[Amended 8-24-1994]
(9)
Fencing.
(a)
The junkyard or auto wrecking yard shall be
completely surrounded with a fence at least eight and no more than
10 feet in height which substantially screens and with a suitable
gate which shall be closed and locked except during the working hours
or when the applicant or his agent shall be within. Such fence shall
be erected not nearer than 125 feet to a public highway and not nearer
than 100 feet to the side and rear lot lines.
(b)
All motor vehicles and parts thereof stored
on deposited by the applicant shall be kept within the enclosure of
the junkyard or auto wrecking yard, except as removal shall be necessary
for the transportation of the same in the reasonable course of the
business. All wrecking or other work on such motor vehicles and parts
shall be accomplished within the enclosure.
(c)
No vehicles shall be placed above the top of
said fence. No storage of junk outside of fence shall be permitted.
(d)
All buildings and grounds must be maintained
in a neat and orderly manner.
(10)
Signs. No signs shall be painted, posted or
otherwise displayed on the outside of the above mentioned fence, except
that the one sign not to exceed 32 square feet setting forth the names
of the business and the owner may be displayed. "No trespassing" signs
may be displayed not withstanding the above.
A.
Garage sales may be conducted once or twice a year
subject to the following rules and regulations:
(1)
All sales shall be conducted during daylight hours.
(2)
A sign no greater than two feet by two feet may be
installed on the property where the sale is being conducted, which
sign shall be removed within 24 hours after completion of the sale.
(3)
The person conducting the sale shall be responsible
for the maintenance of good order on the premises during all hours
of the sale or activity.
