Note: Due to conversion to the web most of the formatting and all of the page numbering was lost.
ZONING BOOK COMMITTEE:
Anne Brennan
Barbara Frier
Peter Knapp
Karen Niddy
Daniel O'Shea
Dean Smith
Adopted: DECEMBER 8, 1997
Prele Town Board
Peter Knapp, Supervisor
Anne Brennan
Clinton Brooks
James Millis
John Steger
TOWN OF PREBLE
ZONING ORDINANCE
Prepared by:
Cortland County Planning Department
December 1997
TABLE OF CONTENTS
PAGE
ARTICLE I GENERAL PROVISIONS
Section 101 Title 1
102 Purpose 1
103 Conflict with Other Laws 1
104 Validity and Severability 1
105 Fees 2
106 Violations and Penalties 2
107 Actions for Injunction 2
108 Removal of Violations 2
109 Amendments 2
110 Repeal of Prior Zoning Ordinance 2
111 Effective Date 3
ARTICLE II DEFINITIONS
Section 200 Words, Terms, and Definitions 4
210 Definitions 4
ARTICLE III PERMITS AND PROCEDURES
Section 300 Building Permits Required 16
301 Preapplication Conference
with Planning Board 17
302 Application Procedure & Required
Information 17
303 Building Permit Types 18
304 Building Permit Granted 19
305 Termination of Permit 19
306 Certificate of Occupancy or Compliance 19
307 Inspection and Inspectors 20
308 Penalties 21
ARTICLE IV ESTABLISHMENT AND DESIGNATION OF LAND USE DISTRICTS
Section 400 Establishment of Districts 22
401 Zoning Map 22
402 Designation of District Boundaries 22
403 Determination of Location of Boundaries 22
ARTICLE V DISTRICT REGULATIONS
Section 500 Residential (R1) 23
510 Residential Lake Side (R1L) 24
520 Agricultural (AG) 25
530 Commercial (C) 26
540 Light Industrial (I) 28
550 Zone A 31
560 Wetland Protection Overlay Zone 31
ARTICLE VI REGULATIONS APPLICABLE TO ALL DISTRICTS
Section 600 Signs 33
605 Parking 33
610 Fences 34
615 Individual Mobile Homes 35
620 Camping Trailers 36
i
625 State Environmental Quality Review Act
(SEQRA) 36
630 Lots in Two Districts 37
635 Corner Lots 37
640 Rubbish and Junk 37
645 Non-Conforming Uses, Lots, Structures 37
650 Pinball and Video Game Arcades 39
655 Alternate Energy Systems 39
660 Storage Sheds 40
ARTICLE VII SUPPLEMENTARY REGULATION GOVERNING CERTAIN USES
Section 700 Adult Entertainment Business 41
701 Camping Grounds 41
702 Clubs 44
703 Telecommunications Towers 44
704 Day Care Centers 51
705 Drive-in Restaurants 51
706 Excavation and Mining 53
707 Farm Labor Camps 55
708 Home Occupations 55
709 Hotel and Motels 56
710 Kennels and Animal Hospitals 57
711 Mobile Home Parks 57
712 Motor Repair Shop/Service Stations 61
713 Multiple Family Dwellings 61
714 Public and Semi Public Buildings
and Grounds 63
715 Retail Gasoline Outlet 63
ARTICLE VIII ADMINISTRATION AND ENFORCEMENT
Section 800 Enforcement 65
801 Duties and Procedures of Enforcement
Officers 65
810 Planning Board 67
811 Appointment of a Planning Board 67
812 Chairperson, Rules and Expenses 67
813 Functions of a Planning Board 67
814 County Planning Board Representatives 68
820 Zoning Board of Appeals (ZBA) 68
821 Appointment of ZBA 68
822 Officers, Rules, Expenses & Decisions 68
823 Functions of the Zoning Board of Appeals 68
(ZBA)
830 Appeals for Variances Through ZBA 69
831 Variance Policy 69
832 Granting Area or Dimensional Variances 69
833 Granting Use Variances 70
834 Procedures for Granting a Variance 71
835 Notice of Public Hearing 71
836 Meeting of the Board 72
840 Required Referrals to the County
Planning Board 73
845 Effect of County Planning Board Review 73
846 Report of Final Local Action 74
ii
ARTICLE IX SPECIAL PERMITS
Section 900 Purpose 75
901 Administration 75
902 Procedure 75
903 Findings 76
ARTICLE X SITE PLAN REVIEW
Section 1000 Purpose 77
1001 Applications 77
1002 Procedure 77
1003 Pre-application Conference 78
1004 Application for Site Plan Approval 78
1005 Planning Board Review of Site Plan 79
ARTICLE XI FLOOD HAZARD AREA REGULATION
Section 1100 General 82
1101 Purpose 82
1102 Flood Loss Reduction 83
1103 Flood Hazard Area Boundaries 83
1104 Penalties for Non-Compliance 83
1105 Warning and Disclaimer of Liability 84
1106 Administration of Development Permit 84
1107 Variance Procedure 86
1108 Flood Hazard Reduction 86
1109 Designated Floodways 88
ARTICLE XII FEE SCHEDULE
Section 1200 Original Permits 90
1201 Cost of Construction 90
1202 Miscellaneous Fees 91
1203 Renewing Permits 91
1204 Other Fees 91
1205 Construction Values 91
iii
ARTICLE I
General Provisions
SECTION 101 TITLE
The title of this Ordinance is the "The Zoning Ordinance of the Town of Preble" and shall include this text, and zoning map.
SECTION 102 PURPOSE
The objectives of this Zoning Ordinance are:
1). Protect the Cortland Valley Sole Source Aquifer.
2). Protect the open and natural character of the
land.
3). Provide for planned growth of agricultural, residential, commercial and industrial use of land consistent with the goals and objectives of the Town Development and Land Use Plan and the economic and social needs of the community.
4). Provide for more intensive protection of the Town's lakes.
5). Preserve the Town's natural resources and habitats.
6). Encourage the use of alternative energy systems and protect solar and wind access.
7). Promote the health, safety, and general welfare of the Town consistent with the objectives of Town Law Section 263.
SECTION 103 CONFLICT WITH OTHER LAWS
Whenever the requirements of this Ordinance are at variance with the
requirements of any lawfully adopted rules, regulations or ordinances,
the most restrictive or those imposing the higher standards
shall govern.
SECTION 104 VALIDITY AND SEVERABILITY
Should any section of or provisions of this Ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
SECTION 105 FEES
Permit fees shall be collected and paid according to the fee structure in effect at the time of application. See Article XII.
SECTION 106 VIOLATIONS AND PENALTIES
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any provision of this ordinance, shall be guilty of an offense and upon conviction, thereof; shall be subject to a fine of not more that $500.00 or imprisonment for a period not more than fifteen (15) days or both. Each week a violation is continued shall be deemed a separate offense.
SECTION 107 ACTIONS FOR INJUNCTION
The Town may obtain an action to restrain by injunction any violation of this ordinance or any failure to comply with any of the provisions of this ordinance.
SECTION 108 REMOVAL OF VIOLATIONS
Any building or structure erected, or any use conducted without a zoning permit or certificate of compliance, where required, or not in conformity with the provisions of this ordinance may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order, with the assistance, if deemed necessary, of any appropriate Town officer or employee.
SECTION 109 AMENDMENTS
The Town Board may, from time to time, on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, change, modify or repeal this Zoning Ordinance in accordance with the applicable provisions of law.
SECTION 110 REPEAL OF PRIOR ZONING ORDINANCE
1. The Town of Preble Zoning Ordinances enacted June 22, 1971, and all the amendments thereto, shall be, and hereby is repealed on and as of the effective date of this Zoning Ordinance.
2. The adoption of this Zoning Ordinance shall not affect or impair any permit granted, any act done, offense committed, or right accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the effective date of this Zoning Ordinance, or under any prior Zoning Ordinance of the Town of Preble; but the same may be enjoyed, ascertained, enforced, prosecuted or inflicted as fully, and to the same extent, as if this Zoning Ordinance had not been adopted.
SECTION 111 EFFECTIVE DATE
This Zoning Ordinance shall take effect in accordance with the provisions
of Section 264 of the Town Law. This becomes effective on the date of January
1, 1998, or such earlier date as provided by law.
ARTICLE II
Definitions
SECTION 200 WORD TERMS AND DEFINITIONS
For the purpose of these regulations certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
Words used in the present tense include the future tense.
The singular includes the plural.
The words "shall" and "must" are mandatory.
The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied.
The word "lot" has the same meaning as the words plot or parcel.
SECTION 210 DEFINITIONS
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure and may include alternate energy systems.
ADULT USE: Any one (1) of the uses defined below shall be considered an adult use. An "adult use" shall always be a primary use and may not be accessory to any other use, including another "adult use". In the case of a combination of "adult uses," each use shall be considered as a separate primary use. All "adult uses," whether or not preexisting, shall obtain certificates of zoning occupancy as an "adult use" within sixty (60) days of the effective date of this ordinance. No adult physical culture establishment, whether preexisting or new, shall receive a certificate of zoning occupancy.
(A) Adult entertainment business:
(1) A public establishment which features topless dancers, nude dancers or strippers, male or female.
(2) An enclosed building used for presenting, lending or selling motion picture films, video cassettes, cable television, or any other such visual media, or used for presenting, lending, or selling books, magazines, publications, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical area" as hereafter defined.
(B) Specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(C) Specified anatomical areas:
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(D) Adult physical culture establishment:
(1) Any establishment which offers or purports to offer massage, whether or not licensed, or other physical contact by members of the opposite sex. Medical offices,electrolysis, karate, judo and dance studios are not "adult physical culture establishments".
AGRICULTURE: The use of land for agricultural purposes including tilling of the soil, dairying, pasture, agriculture, arboriculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry and the necessary accessory uses for packing or storing of products, provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities, and provided further that such uses shall not include the commercial feeding of garbage and offal to swine or other animals. (for more information, see Right to Farm Law and Local Law #1 for 1994)
AGRICULTURAL BUSINESS ESTABLISHMENTS AGRI BUSINESS): A business
engaged in performing agricultural, animal husbandry, or horticulture services
on a fee or contract basis including corn shelling; hay bailing and
threshing; sorting, grading and packing fruits and vegetables for the grower;
agricultural produce milling and processing; horticultural services; crop
dusting; fruit picking; grain cleaning; land grading; harvesting and plowing.
AIRPORT: Any commercial or public facility for the purpose of engaging
aircraft to flight.
ALTERATIONS: As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
ALTERNATIVE ENERGY SYSTEM: Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure. Examples include windmills and solar water heaters.
ANIMAL HOSPITAL: A business that treats animals and regularly houses them on the premises overnight and for extended periods for treatment.
ARCADE OR VIDEO ARCADE: A place where coin activated amusements such as video games and pinball machines are available to the public.
AUTOMOBILE GRAVE YARD: Any area used for the storage of two or more unlicensed vehicles not housed by permanent structure.
BUILDING: Any structure which has one or more floors and a roof, and is intended for the shelter, housing or enclosure of person, animals or chattel.
BUILDING HEIGHT: The vertical distance measured from the mean level
of the ground surrounding the building to a point midway between the
highest and lowest point of the roof, but not including chimneys, spires,
mechanical penthouses, towers, tanks, and similar projections.
BUSINESS, CONVENIENCE: Small commercial establishments catering
primarily to nearby residential areas providing convenience goods and services
including but not limited to grocery stores (of less than 5,000 square feet
in floor area), drug stores, beauty salons, barber shops, carry out dry
cleaning and laundry pickup stations.
CAMPING TRAILER: Any vehicle used or arranged for temporary living or sleeping purposes, mounted on wheels and drawn by a power-driven vehicle, or such type vehicle having its wheels removed.
CAMPGROUND: A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
CARPORT: A roofed structure, with two enclosing walls, used for the storage of one or more automobiles.
CERTIFICATE OF OCCUPANCY OR COMPLIANCE: A certificate issued by
the Zoning Officer stating that a structure or the use thereof is in
compliance with this Ordinance.
CLUB: Any organization catering to members and their guests, or premises
and buildings for recreational or athletic purposes and not open to the
general public, which are not conducted primarily for gain, providing they are
not conducting any vending stands, merchandising, or commercial activities
except as required for the membership and purposes of such club. For the
purpose of this code clubs shall include lodges, fraternal organizations, mutual
benefit societies, and other like organizations.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
SINGLE-FAMILY: A detached residential dwelling designed for and occupied by one family only.
TWO-FAMILY: A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
MULTIPLE-FAMILY: A residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provide.
SEASONAL HOME: A dwelling unit intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including beach cottages,hunting cabins, vacation cottages, summer cottages and vacation lodges.
DWELLING UNIT: One room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities, designed for occupancy by one family.
ESSENTIAL SERVICES: Erection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities.
EXCAVATION (QUARRY, SAND PIT, GRAVEL PIT, TOP SOIL STRIPPING): A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale, as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved building permit.
FAMILY: One or more persons related to each other by blood, marriage or adoption (or not more than three individuals who are not related), living together as a single housekeeping unit. A group home for not more than twelve (12) persons, seventeen (17) years of age or less who are not related, as above, to the adult occupants of the unit shall be considered a family for this Ordinance when it has an internal structure akin to a traditional (biological unitary) family and an external appearance of a relatively normal, stable and permanent family unit and is operated or supervised by a qualified social services agency.
FARM LABOR CAMP - PRIVATE: A labor camp housing facilities, building or buildings in which people are housed who are employed in the individual farmer's personal farming operation.
FARM LABOR CAMP - COMMERCIAL: Any structure or combination of structures designed or intended to be used for the housing of persons engaged in casual or per diem labor on a profit basis for farmers other than the owner of the camp.
FLOOD HAZARD AREA, SPECIAL: Maximum area of the flood plain that,
on the average, is likely to be flooded once every 100 years.
FLOOD PLAIN: A land area adjoining a river, stream, watercourse,pond or
lake which is susceptible to flooding.
FLOOD PROOFING: Any combination of structural and non-structural additions, changes or adjustments to properties and structures which significantly reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
FLOOR AREA, GROSS: For the purpose of applying the requirements for off-street parking and loading, "gross floor area" in the case of offices, merchandising or service types of uses shall mean the total floor area to be used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales or merchandise. It shall not include areas used principally for non-public purposes such as storage, incidental repair, restrooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLE: The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business.
GARAGES, PRIVATE: An accessory building not operated for gain and used in conjunction with a principal building which provides for the storage of motor vehicles and/or other household items.
GARAGES, PUBLIC: Any garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, including the supply of gasoline or oil.
HOME OCCUPATION: An occupation in a dwelling unit or customary accessory structure provided that:
(a) No person other than members of the family residing on the premises shall be engaged in such occupation;
(b) The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than twenty-five (25) percent of the floor area
of the building unit shall be used in the conduct of the home
occupation.
JUNK YARD: Any area of land, including buildings thereon which is used
primarily for the collecting, storage or sale of waste paper, rags, scrap
metal or discarded material; or for the collecting, dismantling, storage or
salvaging of machinery or vehicles that are not operable and/or not registered
with the New York State Department of Motor Vehicles.
KENNEL: Any lot or premises on which four (4) or more domestic animals
more than four (4) months of age are housed, groomed, bred, boarded, trained
or sold.
LOT: A parcel of land located along a public street, road or highway;
occupied or capable of being occupied exclusively by one or more principal
buildings and/or uses and the accessory buildings or uses to such buildings or
uses and having as a minimum, such area, dimensions and other requirements as
specified by this Zoning Ordinance.
(a) CORNER LOT: A parcel of land fronting on two intersecting streets with two required front yards and two required side yards. No rear yard is required.
LOT DEPTH: The average horizontal distance from the street line of the lot to its rear lot line measured in the general direction of the side lines of the lot.
LOT FRONTAGE: The front of a lot shall be construed to be the portion along the public highway. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to highways shall be considered frontage, and yards shall be provided as indicated under "YARDS" in these definitions.
LOT LINE: Any boundary line of a lot.
LOT WIDTH: The width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
MOBILE HOME: Any portable vehicle with a steel frame which is designed to be transported on its own wheels or those of another vehicle, which is used, designed to be used, and capable of being used as a detached single-family residence; and which is intended to be occupied as permanent living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities, and plumbing and electrical connections for attachment to outside systems. The definition of mobile home includes all additions made subsequent to installation. This definition does not include modular housing placed on a standard foundation or camping trailer.
MOBILE HOME PARK: Any lot, field, plot, parcel or tract of land on which two (2) or more mobile homes are parked or located and for which use said premises are offered to the public for a fee. This definition shall not include mobile homes on a property used for agricultural purposes as living quarters for person employed on said property.
MODULAR HOUSE: A housing unit constructed off-site consisting of more
than one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meets all the standards
of the New York State Fire Prevention and Building Code.
MOTEL: A building or group of buildings, whether detached or in connected
units, containing transient and/or permanent lodging facilities for the
general public and which may contain accessory facilities such as restaurants,
meeting rooms, retail business activities and related activities primarily to
accommodate the occupants, but open to the general public. The term
"motel" includes buildings designated as auto cabins, auto courts, motor
lodges, tourist courts and similar terms.
MOTOR VEHICLE REPAIR SHOP: A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
NON-CONFORMING LOT: A lot existing at the time of enactment of this ordinance or any amendment thereto, which does not conform to the area regulations of the district or zone in which it is situated.
NON-CONFORMING USE: A structure or use of land existing at the time of enactment of this ordinance and which does not conform to the regulations of the district or zone in which it is located.
ORDINANCE: A systematic statement of a body of law such as this Zoning Ordinance. The word "Ordinance" has been used herein when referring to this Zoning Ordinance.
PARKING SPACE: Space available for the parking of one motor vehicle and having an area of not less than 200 (10 x 20) square feet exclusive of passageways and driveways giving access thereto.
PARKING SPACE, OFF-STREET: An off-street area of berth with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.
PERMITTED USE (OR USE OF RIGHT): A land use allowed under the regulations of this ordinance.
POULTRY HOUSE: The keeping of any number of poultry or chicken.
PROFESSIONAL OFFICES: The office or place of business where professional services are offered and does not involve the sale of goods, or the keeping of a stock in trade. Professional offices include but are not limited to, doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.
PUBLIC AND SEMI-PUBLIC BUILDINGS AND GROUNDS: he words "public and semi-public buildings and grounds", as used in this ordinance are intended to designate but not limited to any one (1) or more of the following uses, including grounds and accessory buildings necessary for their use:
A. Churches, places of worship, parish houses and convents.
B. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. Nursery schools, elementary schools, high schools, colleges or universities.
D. Golf courses and country clubs, however, not including clubs whose activities include the maintenance, storage or takeoffs or landings of aircraft.
E. Public libraries and museums.
F. Not-for-profit fire, ambulance and public safety building.
G. Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults, homes for the aged as the same are defined under the Public Health Law of the State of New York, provided that they are duly licensed by the State of New York.
H. Not-for-profit membership corporation established for cultural, social, or recreational purposes.
I. Recreational facilities, either for profit or not-for-profit, such as
swimming, tennis, platform tennis, bowling, hockey, skiing (cross
country or downhill) ice skating or other indoor or outdoor sports.
J. Day-care centers approved by the New York State Department of Social Services.
RECREATION AREA: Recreation area is the sum of all open or covered areas used for commercial recreation purposes.
RESTAURANT: Any establishment, however designated, at which food is sold
for consumption to patrons seated within an enclosed building or on the
premises. However, a snack bar or playground or park operated by the agency
or group or an approved vendor operating the recreational facilities and for
the convenience of the patrons of the facility shall not be deemed to be a
restaurant.
RIGHT-OF-WAY: Land set aside for use as a street, alley, or other means of
travel.
RETAIL GASOLINE OUTLET: Any establishment that sells gasoline to the public. This includes service stations,convenience stores, car washes or any other facility that sells gasoline.
ROAD, MAJOR: Public streets or public highways connecting through public roads with each other and which also handle internal movement within built-up areas.
ROAD, SECONDARY: Public streets or public roads serving to connect major roads with each other and which also handle internal movement within built-up areas.
ROAD, LOCAL: Public streets or public roads which primarily function to give direct access to abutting property. Local roads are the internal part of the system providing movement within residential and other land use areas.
SETBACK-FRONT: The required open unoccupied space between the street line and the front of the main structure, but not including porches, unless enclosed or located upon foundation, entrance steps and other appendages to the front of the main structure.
SETBACK-BACK: The required open, unoccupied space measured from the rear lot line to the nearest part of the main or accessory structure.
SIGN: Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
SIGN AREA: The area defined by the frame of the edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four sided (straight sides) geometric shape which most closely outlines the said sign.
SITE PLAN: A layout plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-ways, boundaries, essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SITE PLAN REVIEW: A review and approval process, conducted by the
Planning Board, whereby Site Plans are reviewed utilizing criteria stated in
this ordinance.
SOLAR ACCESS: Space open to the sun and clear of overhangs or shade.
SPECIAL PERMIT USES: Those particular uses which are specifically permitted in a given district only when conditioning criteria enumerated in this Ordinance are met.
STORAGE SHED: A building or enclosure that is portable or moveable in nature. May have a floor, walls and a roof. Examples are lawn and garden sheds among others.
STREETLINE: The limit of the street width or highway right-of-way, whichever is greater.
STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, signs, billboards and poster panels.
SWIMMING POOL: Any body of water, or receptacle for water, having a capability of a depth of eighteen (18) inches or more at any point, used or intended to be used for swimming, bathing, or wading and permanently installed or constructed either above or below ground.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred.
TELECOMMUNICATION TOWER Any tower, edifice, pole or other structure within the Town whether attached to a building or freestanding, whether guyed or self-supporting, designed to be used or designed to support a device to be used for the transmission and/or reception of radio and television communication frequency signals, and including but not limited to broadcast, shortwave or citizen band or when supporting driven devices, including but not limited to energy conversion systems and wind speed and/or direction indicators. (Amateur radio operators refer to -- FCC Regulations PRB-1).
TEMPORARY ROADSIDE STANDS: The sale at a temporary roadside stand
of farm produce or personal property exceeding a total of 72 hours during a
calendar year provided that such stand shall not be closer than fifteen feet
from the right-of-way line. Ample parking for customers shall be provided
outside the boundaries of the adjacent road. Signs advertising the roadside
stand are permitted on the site of the sale not to exceed sixteen square feet.
TEMPORARY USE: An activity conducted for a specified, limited period of
time. Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work and seasonal
produce stands.
UNIFORM CODE: Any reference in this Ordinance to the Uniform Code shall mean the New York State Fire Prevention and Building Code.
USE: The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE: A variance is any departure from the strict letter of these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property, usually pertaining to dimensional requirements only in some instances use variances are given. Variances run with the land and are not particular to any one landowner. Variances may be granted for a specified time period.
YARD, FRONT: An open space within and extending the full width of the lot from the front street line to the part of the principal building which is nearest to such front line.
YARD, REAR: An open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory buildings and open porches which can be within five (5) feet of the rear lot line.
YARD, SIDE: An open space on the same lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two (2) feet for rain water leaders, window sills, and other such fixtures and open steps.
ZONING ENFORCEMENT OFFICER: The official designated to administer and enforce this Ordinance.
ARTICLE III
Permits and Procedures
SECTION 300 BUILDING PERMITS REQUIRED
A. No person, firm, corporation, association, or other organization shall commence the use, erection, construction, enlargement, alteration, improvement, removal, or demolition of any building or structure, nor install heating equipment without having applied for and having obtained a building permit from the Zoning Enforcement Officer.
B. No permit shall be required:
1. for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code;
2. for alterations to existing buildings, provided that the alterations:
a. Cost less than $10,000.00;
b. Do not materially affect structural features;
c. Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;
d. Do not involve the installation or extension of
electrical systems;
e. Do not include the installation of solid fuel burning
heating appliances and associated chimneys or flues;
3. for small noncommercial structures with maximum size of 200 square feet that are not to be improved with electric or septic systems and that are not intended for use by one or more persons;
4. for agricultural buildings or structures that are not to be improved with electric or septic systems.
5. placement, alteration, movement or removal of storage sheds that are not to be improved with electric or septic systems.
SECTION 301 PREAPPLICATION CONFERENCE WITH PLANNING BOARD
Preapplication conferences with the Town's Planning Board are encouraged for all applicants seeking permits for nonresidential uses or non-farm uses.
SECTION 302 APPLICATION PROCEDURE AND REQUIRED INFORMATION
A. Applications for a building permit may be obtained from the Zoning Enforcement Officer and from the Town Clerk of the Town of Preble. A completed application shall be delivered to the Zoning Enforcement Officer and must include:
1. The signature of the applicant or authorized agent;
2. A description of the site on which the proposed work is to be done which shall include a map consisting of either:
a. a sketch map for all applications for one or two-family
dwellings, their customary accessory uses, or farm uses
drawn to scale and showing the dimensions and locations
of the lot, exact size and location of all existing and
proposed buildings on the lot, proposed location of water
and sewage disposal systems, parking areas and driveway
location, natural watercourses, ponds, surface drainage
patterns and location of existing or proposed easements,
or;
b. an approved site plan with applications for all other
uses. The requirements and procedures for site plan
approval are given in Article X of this Ordinance.
3. A statement of the use or occupancy of all parts of the land and of the proposed building or structure;
4. A brief description of the proposed work;
5. The estimated cost of the proposed work with appropriate substantiation;
6. The full name and address of the owner and the applicant, and if either be a corporation, the names and address of responsible officers;
7. Two sets of plans and specifications for the proposed work which
plans shall carry the certification of either a duly licensed
architect or professional engineer.
8. The fee as specified in the Town of Preble Zoning Ordinance,
Article XII;
9. A statement granting the applicants permission for the Zoning Enforcement Officer to enter the property and structure thereon as frequently as he deems necessary;
10. Evidence of the approval of the water supply and sewage disposal system plans by the Cortland County Health Department or its agent, if applicable;
11. Proof of ownership or right to purchase the property upon which the improvements are to be made and, if applicable, appropriate subdivision approval;
12. All Federal, State, County or Town licenses if any are required for the proposed use;
13. Appropriate plans, maps and/or other data which will meet the requirements of SPDES general permit for storm water discharges, if applicable.
The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or are otherwise unnecessary. Said request may be granted by the Zoning Enforcement Officer upon such conditions deemed appropriate.
SECTION 303 BUILDING PERMIT TYPES
Under the terms of this Ordinance, the following classes of Building Permits may be issued:
A. Permitted Use. A building permit for a permitted use may be issued on the Authority of the Zoning Enforcement Officer.
B. Special Permit Uses and/or Site Plan Approval. A building permit for a special permit use may be issued by the Zoning Enforcement Officer after special permit or site plan approval is given by the appropriate board.
C. Building Permit - After an Appeal or Request for a Variance. A building permit may be issued by the Zoning Enforcement Officer upon order of the Zoning Board of Appeals after a public hearing as more fully described in Article VIII.
SECTION 304 BUILDING PERMIT GRANTED
A. When all requirements of this Ordinance have been met, the Zoning Enforcement Officer shall issue a building permit. The Zoning Enforcement Officer shall file one copy of the approved permit in the Town Clerk's Office.
B. The applicant shall notify the Zoning Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.
C. A building permit issued shall be prominently displayed on the property or premises to which it pertains.
D. A building permit issued may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with this Ordinance or the Uniform Code or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.
SECTION 305 TERMINATION OF PERMIT
A building permit issued shall expire one (1) year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), which ever occurs first. The permit may, upon written request, be renewed for successive one (1) year periods provided that: (1) the permit has not been revoked or suspended at the time the application for renewal is made; (2) the relevant information in the application is up to date, and; (3) the renewal fee equal to one-half (1/2) of the original building permit fee is paid. Application for renewal must be made thirty (30) days before expiration date.
SECTION 306 CERTIFICATE OF OCCUPANCY OR COMPLIANCE
A. If construction meets with all Codes and Local Laws, and all special
conditions required by the Planning Board or the Zoning Board of
Appeals, the Zoning Enforcement Officer shall issue a Certificate of
Occupancy or Compliance to the owner for the specified use only.
B. No building erected subject to this Ordinance and/or the Uniform Code
shall be used or occupied, except to the extent provided in this
section, until a certificate of occupancy has been issued. No building
similarly enlarged, extended, or altered, or upon which work has been
performed which required the issuance of a building permit shall be
occupied or used for more than thirty (30) days after the completion
of the alteration or work unless a certificate of occupancy has been
issued. No change shall be made in the nature of the occupancy of an
existing building unless a certificate of occupancy authorizing the
change has been issued. The owner or his agent shall make
application for a certificate of occupancy.
C. A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended, provided that all major components are in place and operational in accordance with the Uniform Code. A temporary certificate of occupancy shall expire at date specified by the Zoning Enforcement Officer. Said temporary certificate shall be for no longer than six (6) months from date of issuance and shall be issued only upon a sum equal to one-half (1/2) of the original building permit being paid.
D. No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of this Ordinance or the Uniform Code in the area intended for use and upon payment of the appropriate fee.
SECTION 307 INSPECTION AND INSPECTORS
A. Work for which a building permit has been issued shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction including, but not limited to, building location, site preparation, excavation, footers, foundation, framing, superstructure, insulation, electrical plumbing, heating and air conditioning and final inspection. It shall be the responsibility of the owner, application, or his agent to inform the Zoning Enforcement Officer that the work is ready for inspection and to schedule such inspection.
B. Existing buildings not subject to inspection under subdivision (A) of this part shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule: all areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings - every twelve (12) months; all buildings or structures open to the general public - every twelve (12) months; all other buildings - every two (2) years. Notwithstanding any requirement of this subpart to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. However, this shall not be a limitation on inspections conducted at the invitation of the occupant, or where conditions on the premises threaten or present a hazard to public health, safety, or welfare.
C. The inspections required by this part may be performed by the Zoning Enforcement Officer. The Zoning Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
D. A person subject to inspection under this part may be required by the Zoning Enforcement Officer to have such inspection performed at his/her own cost and expense by a competent inspector acceptable to the Zoning Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer, or other person whose experience and training has been demonstrated to the satisfaction of the Zoning Enforcement Officer. Any person required by the Zoning Enforcement Officer to have an inspection performed at his/her own cost and expense shall not be assessed the fees otherwise prescribed in the Town Ordinance.
SECTION 308 PENALTIES
Any person who is found to be in violation of this Article shall, in addition to the other penalties as set forth in this Ordinance, be subject to the penalties set forth in Section 382 of the Executive Law of the State of New York or such other applicable provisions of said law.
ARTICLE IV
Establishment And Designation Of Zoning Districts
SECTION 400 ESTABLISHMENT OF DISTRICTS
For the purpose of promoting the public health, safety, morals, and general welfare of the Town of Preble, the Town is hereby divided into the following types of districts.
R1 - Residential
R1L- Residential Lake Side
AG - Agricultural
C - Commercial
I - Light Industrial
ZONE A
WETLAND PROTECTION OVERLAY ZONE
SECTION 401 ZONING MAP
Said districts are bounded as shown on the map entitled "Zoning Map of the Town of Preble", adopted December 8, 1997 and certified by the Town Clerk which accompanies, and which, with all explanatory matter, is hereby made a part of this Ordinance.
SECTION 402 DESIGNATION OF DISTRICT BOUNDARIES
Unless otherwise indicated on the Zoning Map, the district boundary lines are intended generally to follow the center lines of streets, the center lines of railroad right-of-ways, existing lot lines, the mean water level of streams, and other waterways, all as shown on the Zoning Map.
SECTION 403 DETERMINATION OF LOCATION OF BOUNDARIES
In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Enforcement Officer shall request the Zoning Board of Appeals to render a determination.
ARTICLE V
District Regulations
SECTION 500 RESIDENTIAL (R1)
SECTION 501 PURPOSE
The purpose of the Residential District is to provide a stable environment for residential development, free from incompatible uses and only those uses set forth below shall be allowed in said district.
SECTION 502 PERMITTED USES
One and Two Family Dwellings
SECTION 503 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis except home occupations.
SECTION 504 CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE ZONING BOARD OF APPEALS (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)
Agriculture
Multiple Family Dwellings
Public And Semi-Public Buildings and Grounds
Home Occupations
Individual Mobile Homes, (See Section 615)
Mobile Home Parks
Day Care Centers
Temporary Roadside Stand (Duration of permit as determined
by the Zoning Board of Appeals)
SECTION 505 SPECIFICATIONS
Setbacks: Front: Seventy-five (75) feet minimum
Side: Twenty (20) feet minimum
Rear: Twenty (20) feet minimum
Frontage: One hundred fifty (150) feet
minimum
Height: Thirty-five (35) feet maximum
Lot Size: One (1) acre minimum
SECTION 510 RESIDENTIAL LAKE SIDE DISTRICT (R1L)
SECTION 511 PURPOSE
The purpose of the Residential Lake Side District is to recognize lake and pond shorelines as a unique resource. Recognition is given that these shorelines be given use limitations to prevent environmental destruction and to maintain their attractiveness and value for residential development as well as for public enjoyment and therefore only those uses set forth below shall be allowed in said district.
SECTION 512 PERMITTED USES
Seasonable Home
Single-Family Dwellings
SECTION 513 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis, except home occupations.
SECTION 514 CONDITIONAL USES PERMITTED WITH A SPECIAL PERMIT ISSUED BY THE ZONING BOARD OF APPEALS (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)
Two Family Dwellings
Recreation Areas
Home Occupation
Temporary Roadside Stand (Duration of permit as determined
by Zoning Board of Appeals)
SECTION 515 SPECIFICATION
Setbacks: Front: Seventy-five (75) feet minimum
Side: Fifteen (15) feet minimum
Rear: Twenty (20) feet minimum
Frontage: One hundred fifty (150) feet
minimum
Height: Thirty-five (35) feet maximum
Lot Size: Two (2) acre minimum
SECTION 516 OTHER PROVISIONS AND REQUIREMENTS
A. Site Plans for development in this district shall be designed to preserve the scenic qualities of the shoreline and related vistas.
B. Roadways shall be planned to provide the most effective access to individual parcels and lots.
C. The Planning Board shall require an erosion and sediment control plan and a stormwater management plan with any application for development in this district.
SECTION 520 AGRICULTURAL (AG)
SECTION 521 PURPOSE
The purpose of the Agricultural District is to protect agricultural lands and uses from incompatible land uses and to limit non-farm residential, commercial and industrial uses to those areas best suited by reason of their requirements for public services and only those uses set forth below shall be allowed in said district.
SECTION 522 PERMITTED USES
Agriculture and Agri Business
Riding Stables
Poultry House
SECTION 523 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses and structures. Accessory uses are not to be used on a commercial basis except for home occupations.
SECTION 524 CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE ZONING BOARD APPEALS (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII).
Individual Mobile Home, (See Section 615)
Home Occupations
Camp Grounds
Excavation and Mining (except where prohibited, see Section 550)
Farm Labor Camps
Kennels
Recreation Areas
Temporary Roadside Stand (Duration of permit as determined
by Zoning Board of Appeals)
One and Two Family Dwellings
Telecommunication Towers
SECTION 525 SPECIFICATIONS
Setbacks: Front: One Hundred (100) feet minimum
Side: Thirty (30) feet minimum
Rear: Thirty (30) feet minimum
Frontage: One Hundred Fifty (150) feet minimum
Height: Thirty-five (35) feet maximum (except for
Agricultural Storage Facilities, Airport
Structures, and Telecommunication Towers)
Lot Size: One (1) acre minimum
SECTION 530 COMMERCIAL (C)
SECTION 531 PURPOSE
The purpose of the Commercial District is to provide for business establishments serving the needs of area residents, especially retail and service businesses. Permitted uses are intended to create a commercial district free from conflicting land uses and therefore only those uses set forth below shall be allowed in the said district.
SECTION 532 PERMITTED USES
Any use permitted in the AG, R1, and R1L district excluding farm labor camps and kennels. Also permitted are:
Business Services including warehousing and storage
Retail and Wholesale Business
Professional Offices
Other business and commercial uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
SECTION 533 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses and structures.
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
Off-street parking, loading and unloading facilities subject to the provisions of Article VI of this ordinance.
One (1) on premise sign shall be permitted per business for each street and parking area upon which said use fronts. Said sign shall not exceed twenty (20) square feet.
SECTION 534 CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE ZONING BOARD APPEALS (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)
Motor Vehicle Repair Stations/Service Stations
Restaurants
Drive In Restaurants
Hotels and Motels
Retail Gasoline Outlet
Essential Services
Temporary Roadside Stand (Duration of permit as determined by Zoning
Board of Appeals)
SECTION 535 OTHER PROVISIONS AND REQUIREMENTS
A. No commercial structure shall be permitted within one (100) hundred feet of the nearest lot line of any residential or agricultural district.
B. All commercial processes shall take place within an enclosed building. Incidental storage out of doors may be permitted provided that such materials are shielded from view from public streets, adjacent off-street parking areas and adjacent non-commercial districts by fencing, landscaping or other appropriate measures.
C. All uses permitted in this district shall set aside not less that ten (10) percent of the lot to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purpose.
D. Each use in this district shall provide truck loading and
unloading area in an amount sufficient to permit the transfer of
goods and products in other than a public street, off-street
parking area or front yard.
E. Commercial structures shall be located so as to be a minimum
of one hundred (100) feet from any non-industrial district.
This one hundred (100) foot buffer strip shall be perpetually
maintained so as to provide visual screening and separation
between commercial and non-commercial uses.
SECTION 536 SPECIFICATIONS
Setbacks: Front: Fifty (50) feet minimum
Side: Twenty five (25) feet minimum
Rear: Fifty (50) feet minimum
Height: Thirty-five (35) feet maximum
Frontage: One Hundred Fifty (150) feet
minimum
Lot Size: One (1) acre minimum
SECTION 540 LIGHT INDUSTRIAL (I)
SECTION 541 PURPOSE
Purpose of this district is to provide for the establishment of industrial uses essential to the development of a balanced economic base and to regulate its development so it will not be detrimental or hazardous to the surrounding community and therefore only those uses set forth below shall be allowed in said district.
SECTION 542 PERMITTED USES
A. Any use of light industrial or agri-industrial nature is permitted which involves only the processing, assembly, or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
1. Dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare, or vibration shall not be discernible beyond the property lines of the industry.
2. Hazard of fire, explosion, radioactivity or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site.
3. Groundwater contamination.
The following uses are indicative of those which are intended to
be permitted:
1. Manufacture of machinery such as: carburetor and small machine parts, cash registers, sewing machines and typewriters, calculators and other office machines.
2. Fabrication of metal products such as:
baby carriages, bicycles, metal foil, tin, aluminum,
gold, etc; metal furniture, musical instruments, sheet
metal products and toys.
3. Fabrication of paper products such as: bags, book bindings; boxes and packaging material; office supplies and toys.
4. Fabrication of wood products such as: boats, boxes, cabinets and woodworking, furniture and toys.
5. Food and associated industries such as: bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
6. The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel or petroleum products, nuclear or radioactive products, and toxic waste chemicals is specifically excluded from the intent of the above.
7. Office buildings for executive, engineering and administrative purposes.
8. Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.
9. The manufacturing and processing of pharmaceutical and cosmetic products.
10. Farm and garden implement stores.
11. Truck garden nursery, farm produce sales.
12. Other uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
SECTION 543 PERMITTED ACCESSORY USES
A. Signs shall be permitted for advertising industrial activities on the premises which shall not exceed, in aggregate, fifteen (15) percent of the area of the front facade of the building. Such signs may be illuminated but shall not be of the flashing type.
B. Private garages and storage buildings which are
necessary to store vehicles equipment, or materials on the
premises.
C. Temporary Roadside Stands (Duration as determined by
Zoning Board of Appeals).
D. Off-street parking space subject to the provisions of Article VI of this ordinance.
SECTION 544 CONDITIONAL USES REQUIRING A SPECIAL PERMIT
ISSUED BY THE ZONING BOARD OF APPEALS (SUBJECT TO
SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)
Adult Entertainment Businesses
Telecommunication Towers
SECTION 545 OTHER PROVISIONS AND REQUIREMENTS
A. Residential uses shall be prohibited in this district.
B. All industrial processes shall take place within an enclosed building. Incidental storage out of doors may be permitted provided that such materials are shielded from view from public streets, adjacent off-street parking areas and adjacent non-industrial districts by fencing, landscaping or other appropriate measures.
C. All uses permitted in this district shall set aside not less that ten (10) percent of the lot to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purpose.
D. Each use in this district shall provide truck loading and unloading area in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
E. Industrial structures shall be located so as to be a minimum of one hundred (100) feet from any non-industrial district. This one hundred (100) foot buffer strip shall be perpetually maintained so as to provide visual screening and separation between industrial and non-industrial uses.
F. Parking areas may be located in any of the required yard areas provided they are not less than fifty (50) feet from a right-of- way line or twenty (20) feet from a property line.
SECTION 546 SPECIFICATIONS
Setbacks: Front: Fifty (50) feet minimum
Side: Fifty (50) feet minimum
Rear: Fifty (50) feet minimum
Height: Thirty-five (35) feet maximum
(Except for Telecommunication
Towers)
Frontage: One Hundred Fifty (150) feet
minimum
Lot Size: One (1) acre minimum
SECTION 550 ZONE A
Zone A is an overlay zone shown on the Zoning Map of the Town. In Zone A the mining of sod, loam, sand, gravel, aggregate, quarried stone or like material is prohibited except when incidental to, or in connection with the construction or maintenance of a building on said lot.
SECTION 560 WETLAND PROTECTION OVERLAY ZONE
SECTION 561 PURPOSE
The purpose of the Wetland Protection Overlay Zone is to protect the Town's fragile and unique natural water resources, and ultimately the Cortland-Homer-Preble Aquifer.
SECTION 562 DEVELOPMENT GUIDELINES
Any development in this overlay zone which requires a building permit also requires a special permit issued by the Zoning Board of Appeals. The Zoning Board of Appeals shall consider and address the following before making a decision on any proposal within the Wetland Protection Overlay Zone and may include such conditions to said special permit reasonably designed to satisfy (and identify) any ground water concerns.
A. Increased construction setback requirements.
B. Restrictions on clearing of natural vegetation along the edge of the protected-resource feature.
C. Uses that present a higher potential for environmental pollution (eg: gasoline filling stations, car washes, bulk fuel storage, junkyards, truck terminals, and facilities which use or handle toxic materials).
D. Limitations on right-of-way access to Town's lakes.
E. Storm Water and erosion control management practices.
F. Agriculture incentives on tilling and fertilizer
applications within 50 feet of high water mark.
G. Beach and shoreline renovation standards.
H. Construction limitations within flood-plain boundaries.
I. Department of Environmental Conservation regulations pertaining to development of areas designated as wetlands.
ARTICLE VI
Regulations Applicable To All Zoning Districts
SECTION 600 SIGNS
Signs shall be permitted only according to standards listed below unless otherwise stated in this ordinance.
SECTION 601 GENERAL STANDARDS
A. No sign shall consist of lights which flash or move or appear to move.
B. No sign shall be higher than the principal building to which it is accessory.
C. No general advertising signs unrelated to the permitted use of the premises are allowed.
D. No sign shall project into a public right-of-way.
E. No sign shall be erected on a public utility pole or traffic control structure.
F. All existing signs at the time of the enactment of this ordinance shall be allowed to remain as long as they are properly maintained and their use remains uninterrupted.
G. Temporary unlighted signs erected by and for non-profit organizations such as churches, American Legion, Boy Scouts, political organizations, etc. advertising suppers, banquets, benefits, fund raising sales, etc. may be erected for a forty (40) day period without permit in any district, provided that the sign will not constitute a traffic hazard and shall be removed within forty-eight (48) hours after the advertised event.
H. One site sign is permitted, not to exceed twenty (20) square feet per side (except as otherwise specified in this ordinance).
SECTION 605 PARKING
This section is designed to reduce problems caused by inadequate or poorly designed parking facilities.
A. All uses shall provide adequate off-street parking for all vehicles parked during typical peak use periods. Parking should be designed to eliminate the need to back out or to park on the shoulder of public roads.
B. Violation is constituted by an observed overflow of parking on to off-site areas, neighboring property or road right-of-ways more than three times per month.
C. A parking space shall be not less than 10' x 20' exclusive of aisles access and driveway areas.
D. Off-street parking areas for non-residential uses shall provide aisles or access lanes to parking spaces. Parking areas for fifty (50) or more vehicles shall delineate fire lanes and include "no parking" signs.
SECTION 606 MINIMUM PARKING STANDARDS
Minimum standards, supplementary to the basic standards cited above, are as follows:
A. One parking space for every three seats in a public meeting place.
B. One parking space for each employee at places of employment and one parking space per two hundred and fifty (250) square feet of gross floor area in a commercial establishment unless otherwise specified herein.
C. One parking space for every two hundred (200) square feet of gross floor area in business and professional offices.
D. One parking space for every one hundred (100) square feet of gross floor area in supermarkets and self service food stores.
SECTION 610 FENCES
Fences erected in the Town shall adhere to the following unless otherwise specified in this Ordinance:
A. Fences may be erected, altered or reconstructed to a maximum height of six (6) feet for residential uses; eight (8) feet for non-residential uses.
B. No fence shall cause obstruction to vision at street intersections. A clear sight triangle at street intersections shall be maintained. The "clear sight triangle" is an area encompassed by the intersecting street lines of a corner lot and a straight line joining said street lines at points which are thirty (30) feet distance from the point of intersection of the street lines. The height of any fence within the "clear sight triangle" shall not exceed three and five-tenth (3.5) feet.
C. Clear visibility from motor vehicles about to enter public right-of-ways must not be obstructed by fences. This clear visibility must be such that a vehicle operator sitting in a vehicle on a private access way at a distance of 20 feet from a public right-of-way must not have his or her full view of the public right-of-way obstructed for 200 feet by any fence or fences constructed on private property.
D. Farm fencing shall be exempt from these provisions.
SECTION 615 INDIVIDUAL MOBILE HOMES
A. Only mobile homes manufactured after the implementation of the Housing and Community Development act (June 15, 1976) shall hereafter be placed in the Town.
B. No structure may hereafter be constructed or moved from elsewhere so as to be attached to the mobile home. Decks, door porches, peaked roofs and car ports are excluded from the above prohibition and may be attached.
C. A storage shed or garage must be located on each mobile home lot. The shed will provide necessary storage space to compensate for the lack of attics and basements and have a minimum size of eight (8) feet by ten (10) feet.
D. Each mobile home shall have a pad to provide adequate support for the placement and anchoring of the mobile home. The pad shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. The pad shall inhibit the ponding of water under and around the home, and shall be of concrete and wire mesh, with the concrete being at least six (6) inches in thickness and with minimum dimensions of length and width of the mobile home to be situated on the pad.
E. All mobile homes shall be secured to the concrete pad. Anchors and tie downs such as cast in place in concrete "dead men", eyelets in concrete, foundations or runways, screw augers or other devices securing the stability of the unit are required. Such anchors and tie downs shall be placed in at least each corner of the foundation and shall have adequate strength for the structure.
F. Single wide mobile homes shall be provided with a fire resistant skirt or covering, between the ground and the base of each unit. Double wide mobile homes must have block construction between the ground and the bottom of the unit.
G. Mobile homes are subject to all applicable provisions of this Ordinance pertaining to single family dwellings.
H. Mobile homes on a property used for agricultural purposes shall be removed within one hundred twenty (120) days upon being vacated as living quarters for persons employed on said property or upon said property no longer being used for agricultural purposes.
SECTION 620 CAMPING TRAILERS
Camping trailers shall not be occupied on an overnight basis for a period exceeding seven (7) days and provided that all health standards are met.
SECTION 625 STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
A. The State Environmental Quality Review Act (SEQRA) requires that local government examine the environmental impact of all actions they permit, fund, or construct. Article 6 and Part 617 or Title 6 of the New York Code of Rules and Regulations are hereby adopted by reference.
B. All "Type I" actions (6 NYCRR Part 617) shall require the submission and review of an Environmental Assessment Form.
C. For any zoning action reviewed by the Town, the following bodies shall be lead agency, unless otherwise delegated by the Town Board.
Zoning Text Amendments - Town Board
Zoning District Amendment - Town Board
Special Permits - Zoning Board of Appeals
Site Plan Review - Planning Board
Variances - Zoning Board of Appeals
D. If in the opinion of the local lead agency, after review of the
Environmental Assessment Form, there appears the potential for
a significant environmental impact, the lead agency shall cause
the applicant to prepare a Draft Environmental Impact
Statement. Review, notice and action on the EIS shall be
conducted according to (6 NYCRR Part 617).
SECTION 630 LOTS IN TWO DISTRICTS
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations applying to the major portion of the lot shall apply to the whole lot, and in the case where a lot is divided exactly in half by the district line, the regulations of the more restrictive district shall apply to the whole lot.
SECTION 635 CORNER LOTS
On corner lots, the sides facing both streets shall be considered front yards and the remaining two yards as side yards. No rear yard is required.
SECTION 640 RUBBISH AND JUNK
A. Junk Yards and Automobile Graveyards are prohibited in all zoning districts.
B. All yards must be kept free of abandoned, inoperable, or unregistered vehicles and machinery, discarded appliances and furniture, all forms of rubbish and junk, and disorderly or unsightly piles of building material, with the exception that those items associated with work in progress and one unregistered vehicle are permitted on a lot.
SECTION 645 NON-CONFORMING USES, LOTS, STRUCTURES
Lots, structures, uses of land and structures and characteristics of use which lawfully existed at the time of the enactment of this ordinance and which would be prohibited or restricted under the terms of these regulations may be continued subject to the following provisions.
A. Intent - It is the intent of these regulations to permit
non-conforming uses to continue until they are removed, but not
to encourage their survival.
B. Enlargement - No non-conforming uses shall be enlarged or
increased, nor extended to occupy a greater area of land than
was occupied at the effective date of the adoption of these
regulations.
C. Unsafe Structures - Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition. Such restoration shall not result in the resumption of any non- conforming use (or non-conforming structure) already discontinued. (See F).
D. Alterations - A non-conforming structure may not be reconstructed or structurally altered where the aggregate cost will exceed fifty percent of the full value of said structure, unless the structure is changed to a conforming use.
E. Restoration - No non-conforming structure damaged by fire or other causes to the extent or more than seventy five percent of its full value shall be repaired or rebuilt except in conformity with the requirements of these regulations. (See J).
F. Discontinuance - Whenever a non-conforming use has been discontinued for a period of one (1) year, use shall not thereafter be re-established and any future use shall be in conformity with the provisions of these regulations.
G.Changes - Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a non-conforming use.
H. Displacement - No non-conforming use shall be extended to displace a conforming use.
I. Moving - Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
J. Existing Undersized Lots of Record
1. Any recorded lot held in single and separate ownership prior to the adoption of this ordinance and whose area and/or width and/or depth are less than minimum requirements specified herein for the district, may be considered in compliance and no variance therefore shall be required, provided that:
a. Such lots do not adjoin any other lot or lots held by the same owner, the aggregate area of which lots is equal to or greater than the minimum lot area required for that district;
b. The minimum yard requirements set by these regulations are met.
2. In any district where residences are permitted, such undersized non- conforming lots may be used for not more than one single-family dwelling.
3. A lot of non-conforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's property.
SECTION 650 PINBALL AND VIDEO GAME ARCADES
A. Pinball and video game arcades shall not be permitted as home occupations.
B. Arcades shall be closed between the hours of 12:00 midnight and
8:00 A.M.
C. No one under the age of 16 shall be permitted in an arcade
during the hours when local public schools are in session.
SECTION 655 ALTERNATE ENERGY SYSTEMS
This section is intended to reduce impacts on neighboring property owners and health and safety problems which may accompany alternate energy systems.
A. All wind energy towers shall be located so as to allow an open zone around the tower on the owner's property and of a radius at least equal to the height of the tower.
B. All appurtenant electrical equipment shall cause no undue interference or noise.
C. Rotating windmill blades shall clear the ground at their lowest points by at least ten (10) feet.
SECTION 660 STORAGE SHEDS
A. Side lot setback shall be no less than 3 (three) feet.
B. Rear lot setback shall be no less than 5 (five) feet.
ARTICLE VII
Supplementary Regulation Governing Certain Uses
SECTION 700: ADULT ENTERTAINMENT BUSINESSES
A. Adult entertainment businesses are prohibited within:
(1) Five hundred (500) feet of any residential zoning district or any single-family, two family or multiple- family dwelling, including structures devoted to both residential and commercial or business purposes.
(2) One thousand (1000) feet of any public or private school.
(3) Five hundred (500) feet of any church or other religious facility or institution.
(4) One thousand (1000) feet of any public park.
B. The distance provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.
C. The provisions of this chapter shall not apply to any
theater, concert hall, or similar establishment which is
primarily devoted to theatrical performances.
SECTION 701 CAMPING GROUNDS
Camping grounds shall be occupied only by travel trailers, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation, and recreation purposes. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.
A. Minimum site area: fifteen (15) acres.
B. Not more than ten (10) travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.
C. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic from the camping ground through a residential area. A camping ground shall have a minimum of one hundred fifty (150) feet of frontage on a public street or road.
D. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences. Also, no portion of the camping grounds subject to flooding, or other physical hazard shall be used for any purpose which exposes persons or property to such potential or actual dangers.
E. Management headquarters, recreational, educational and social facilities, toilets, lavatories, showers, coin-operated laundries, sewage dumping and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses. In addition, retail stores and other convenience establishments are allowed as accessory uses in camping grounds in districts where such uses are not allowed as principal uses, but subject to the following restrictions:
1. Such establishments and the parking areas primarily related to their operations shall not occupy more than five (5) percent of the gross area of the camping ground. Such establishments shall be restricted in their use to occupants of the camping ground.
2. Such establishments shall present no visible evidence from any street or road outside the camping ground of their commercial character which would attract customers other than occupants of the camping grounds.
3. The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street or road and shall not be directly accessible from such street or road, but shall be reached only from within the camping ground.
F. Plans for sewage disposal and water supply shall be designed in accordance with standards established by the State of New York and the Cortland County Health Code and shall receive approval from the County Health Department.
G. Roadways in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:
one way, no parking 12 feet
one way with parking on one side, or
two way with no parking 18 feet
two way with parking on one side 27 feet
two way with parking on both sides 34 feet
H. Each travel-trailer site shall be at least two thousand five hundred (2,500) square feet in area and have a minimum width of forty (40) feet.
I. A minimum of eight (8%) percent of the gross area for the camping ground shall be set aside and be developed as common use areas for open or enclosed recreation facilities. No travel-trailer site, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.
J. Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground. All traffic into or out of the camping ground shall be through such entrances and exits. An adequate lighting system shall be provided for the camping ground.
K. All utilities shall be underground.
L. Not less than one (1) covered twenty (20) gallon garbage receptacle shall be provided for each camp site. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.
M. All applicable sanitation standards established by the State of New York and by the Cortland County Health Code shall be complied with.
N. Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes and the motor vehicles propelling or carrying the same may be located not closer than sixty (60) feet to any front lot line.
SECTION 702 CLUBS (LODGES, FRATERNAL ORGANIZATIONS, ETC.)
A. Landscaping and/or fencing of an appropriate kind to screen
adjacent properties and land uses shall be provided on all side
and rear lot lines.
B. Minimum off street parking shall provide one (1) space per employee and one (1) space for each three (3) members. Spaces shall measure not less than 10' X 20'.
C. Entrance and exit points shall be from major or secondary roads.
SECTION 703 TELECOMMUNICATION TOWERS
A. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with this ordinance. No existing structure shall be modified to serve as a telecommunication tower unless in conformity with this ordinance.
B. Telecommunication towers are prohibited within:
(1) Five hundred (500) feet of any residential zoning
district.
(2) Seven hundred fifty (750) feet of an existing single
family, or two family dwelling including structures
devoted to both residential and commercial or business
purposes.
C. Applicants proposing to collocate on a previously approved telecommunication tower do not require a special permit. They are, however, subject to Site Plan Review in accordance with ARTICLE X. The Planning Board may require the applicant to submit any of the items under E.(1) below as part of the Site Plan Review Process.
D. The regulations shall apply to all property with in the
Agricultural and Industrial zoning districts.
Telecommunication towers shall be specifically excluded from
all other zoning districts.
E. Shared Use of Existing Tall Structures. At all times, shared
use of existing tall structures (for example municipal water
towers, multi-story buildings, church steeples, farm silos etc.),
and exiting or approved towers ( see subsection C above),
shall be preferred to the construction of new towers.
1. An applicant proposing to share use of an existing tall structure shall be required to submit:
(a) a completed application for a special permit.
(b) documentation of intent from the owner of the
existing facility to allow shared use.
(c) a site plan showing all existing and proposed structures and improvements including antennae, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
(d) an engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify to the above.
(e) a completed short EAF and a completed visual EAF addendum.
(f) a copy of its Federal Communications Commission (FCC) license.
2. If an applicant proposing to share use of an existing
tall structure submits complete and satisfactory
documentation in accordance with subsection E.(1) above,
and if modifications indicated according to subsection
E.(1) are deemed insignificant by the Zoning Board of
Appeals, and after the ZBA conducts a public hearing and
complies with all SEQRA provisions, the ZBA shall grant a
special permit without further review under this section.
If the ZBA determines that any modifications indicated
according to subsection E.(1) are significant, it may
require further review according to subsections J. through
V. below.
F. New Telecommunication Tower. The ZBA may consider a new
telecommunication tower when the applicant demonstrates that
shared use of existing tall structures and existing or approved
towers is impractical. An applicant shall be required to
present an adequate report inventorying all existing tall
structures and existing or approved towers within a reasonable
distance of the proposed site. This distance shall be determined
by the ZBA in consultation with the applicant. The report
shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The
report shall demonstrate good faith efforts to secure shared
use from the owner of each existing tall structure and existing
or approved towers as well as documentation of the physical,
technical and/or financial reasons why shared usage is not
practical in each case. Written requests and responses for
shared use shall be provided.
G. Shared Usage of an Existing Tower Site for Placement of a New Tower. Where shared use of existing tall structures, and existing or approved towers, is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with subsection F. above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of subsections (I.) through (V.) below.
H. New Tower at a New Location. The ZBA may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in subsection (F) above; and when the ZBA determines that shared use of an existing towner site for a new towers is undesirable based upon the applicant's investigation in accordance with subsection (G). Any proposal for a new telecommunication tower shall also be subject to the requirements of subsections (I) through (V) below.
I. New Towers: Future Shared Use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities to include a minimum of an additional two (2) sites for collocation. The applicant shall submit to the ZBA a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the zoning enforcement officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and his/her successors in interest to:
(1) Respond within 90 days to a request for information from a potential shared-use applicant.
(2) Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
(3) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4) Allow shared use of the new tower for public safety and emergency networks, such as fire, ambulance, police, and E-911.
J. Site Plan Review: Submission Requirements
(1) An applicant shall be required to submit a site plan in accordance with ARTICLE X. The site plan shall show all existing and proposed structures and improvements including roads, buildings, tower(s), guy wire and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads.
(2) Supporting Documentation - The applicant shall submit
a complete short EAF, a complete Visual Environmental
Assessment Form (visual EAF addendum), and
documentation on the proposed intent and capacity of use
as well as a justification for the height of any tower
and justification for any clearing required. The
applicant shall also submit a copy of its Federal
Communications Commission (FCC) license and any
application required by the FCC for its approval.
K. Lot Size and Setbacks. All proposed telecommunication towers
and accessory structures shall be located on a single parcel and
shall be setback from abutting parcels and street lines a
distance sufficient to substantially contain on-site all ice-fall
or debris from tower failure and preserve the privacy of any
adjoining residential properties.
L. Visual Impact Assessment. The ZBA may require the applicant to undertake a visual impact assessment which may include:
(1) A "Zone of Visibility Map" to determine locations where the tower may be seen.
(2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the town including but not limited to: state highways and other major roads, local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The ZBA shall determine the appropriate key sites at a pre-submission conference with the applicant.
(3) Assessment of alternative tower designs and color schemes, as described in subsection M below.
(4) Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
M. New Tower Design. Alternative designs shall be considered for new towers, including lattice and single pole structures. The design of a proposed new tower shall comply with the following:
(1) Any new tower shall be designed to accommodate further shared use by other telecommunications providers including a minimum of two (2) additional collocation sites.
(2) Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(3) The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. The ZBA at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.
(4) The ZBA may request a review of the application by a qualified engineer, at the applicants expense, in order to evaluate the need for, and the design of, any new tower.
(5) Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(6) No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to; company name, phone numbers, banners, and streamers.
N. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four (4) inches in diameter (measured at a height of four (4) feet off the ground), shall take place prior to the approval of the special permit.
O. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
P. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
Q. Parking shall be provided to assure adequate emergency and service access. The ZBA shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.
R. The tower and any accessory structures shall be adequately enclosed by a fence, design of which shall be approved by the ZBA. The requirement may be waived by the ZBA if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
S. The applicant shall submit to the ZBA a letter of intent committing the tower owner, and his/her successors in interest, to notify the zoning enforcement officer within thirty (30) days of the discontinuance of use of the tower. This letter shall be filed with the zoning enforcement officer prior to issuance of the building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed form any site within four (4) months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations, shall be a violation of this ordinance and shall be punishable according to Section 308.
T. Intermunicipal Notification for New Towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County E-911 Services, the ZBA shall require that:
(1) An applicant who proposes a new telecommunication tower shall notify in writing the Cortland County Planning Board, Cortland County E-911 Coordinator and the legislative body of each municipality that borders the Town of Preble. Notification shall include the exact location of the proposed tower, and a general description of the project including, but not limited to , the height of the tower and its capacity for future shared use.
(2) Documentation of this notification shall be submitted to the ZBA at the time of application.
U. Notification of Nearby Landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within five hundred (500) feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the ZBA prior to the public hearing.
V. The applicant shall submit and maintain the appropriate bond or letter of credit sufficient or in sufficient sum to cover cost of removal of all improvements to be made by the applicant. Said bond or letter of credit is subject to review as to its adequacy once every five (5) years thereafter.
W. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower special permit and/or site plan.
SECTION 704 DAY CARE CENTERS
A. Must have a direct alarm to the Cortland County E-911 Center.
B. Must have an active outdoor play area of 100 square feet per child.
C. Outdoor play areas must be fenced-in or otherwise protected from roads and nearby properties.
D. No outdoor play equipment may be placed within ten (10) feet of any property line, fence, or structure.
E. Minimum parking shall be one (1) space per staff member plus one (1) space for each ten (10) children.
SECTION 705 DRIVE-IN RESTAURANTS
A. The following information shall be submitted as part of the application for site plan approval and the special use permit for drive-in restaurants in addition to that information required in other sections of this ordinance.
l. The location and dimensions of all structures including buildings, screened trash areas, fencing, and lighting with the direction and level of illumination.
2. The location and dimensions of all off-street parking areas including ingress and egress, and the layout of aisles and spaces.
3. Proposed landscaping site plan indicating the sizes and types of plant materials.
B. Drive-in restaurants shall be a minimum of two hundred (200) feet from other drive-in restaurants and distances shall be computed as follows:
1. For drive-in restaurants on the same side of the street the distances between them shall not be less than two hundred (200) feet between the two closest property lines.
2. For drive-in restaurants on opposite sides of the street the distances between them shall not be less than two hundred (200) feet measured diagonally between the two closest property corners.
3. For four corner intersections, only one drive-in restaurant can be located on each of the two diagonally opposite corners exclusive of the two hundred (200) feet distance requirement.
C. All drive-in restaurants shall provide suitable storage of trash in areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent trash and waste materials from blowing away and to permit safe and easy removal of trash and waste.
l. The minimum distance of any driveway to a property line shall be fifteen (15) feet.
2. The minimum distance between driveways on the site shall be ninety five (95) feet measured between the closest points of the center lines of the driveways.
3. The minimum driveway entrance distance from a street intersection shall be thirty (30) feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
4. Drive-in restaurants adjacent to or integrated into a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
5. Exterior lighting proposed for the site shall be planned, erected and maintained so it will not cast direct light or glare upon adjacent properties or public right-of-way. The light source shall not be located at a point more than 20 feet above the mean grade level.
6.Landscaping and fencing shall be provided to minimize visual unattractiveness and to reduce friction between adjacent and other nearby land uses.
7. Water supply and sewage disposal systems shall be approved by the Cortland County Health Department.
SECTION 706 EXCAVATION AND MINING
A. Excavation and mining is prohibited in overlay Zone A (See
Section 550).
B. In areas where excavation and mining are permitted, the
following standards apply:
1. The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation where applicable.
2. Minimum land area: ten (10) acres.
3. All buildings and excavation operations shall be located or shall occur not closer than two hundred (200) feet to any street or property line.
4. All equipment used for excavations and processing shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practical, noises and vibrations, and dust conditions which are injurious or a nuisance to persons living in the vicinity.
5. All operations shall be conducted between the hours of seven o'clock in the morning (7:00 A.M.) and seven o'clock in the evening (7:00 P.M.) with no Sunday operations. Exceptions can be made in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment is required to be made.
6. All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Zoning Board of Appeals and the New York State D.E.C. as part of the site development plan review and approval process. This shall be done within one (1) year after the termination of operations and at the expense of the operator.
7. A performance bond or some other financial guarantee shall be required to assure that the conditions stipulated in the approval of the special use permit are carried out.
8. The Zoning Board of Appeals shall consider the following criteria in their review of the special use permit application:
a. The current use of the property proposed to be excavated as well as the proposed use of the area subsequent to completion of the excavation and restoration thereof.
b. The potential short-term and long-term effects of the proposal on the aesthetics and environment of the surrounding area.
c. The effect on the property of the proposal that may change the productivity or suitability of the land for agricultural purposes and/or the desirability or feasibility for future development purposes.
d. The amount of time, as estimated by the applicant, that will be required for the completion of the proposed excavation and the restoration of the property.
e. Noise and/or vibrations that may be created by the proposed operations.
f. Truck traffic that may be created by the proposed operation. Deleterious effects, if any, on those properties in the general area of the proposed operation.
g. All other criteria which, from time to time, may be relevant to the proposed operation.
h. Special permits for excavation operations are for a two (2) year duration. Upon reapplication, the Zoning Enforcement Officer may grant permit renewal if all conditions of the original permit have been complied with. If there is a question about compliance the applicant must apply to the Zoning Board of Appeals for a renewal.
i. No persons, firm or corporation shall strip, excavate, or otherwise remove top soil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental hereto. Any area of land consisting of more than one (1) acre from which top soil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
SECTION 707 FARM LABOR CAMPS
A. Farm Labor Camps, whether private or commercial, shall meet all requirements of the State Sanitary Code and other applicable laws, regulations including those of the Cortland County Health Code.
B. Housing facilities maintained shall be set back at least three hundred (300) feet from all property lines.
C. Special permits for labor camps are of one (1) year duration. Upon reapplication, the Zoning Enforcement Office may grant a permit renewal if all conditions of the original permit are complied with. Otherwise application must be made to the Zoning Board of Appeals.
SECTION 708 HOME OCCUPATIONS
A. Only a member of the immediate family occupying such dwelling shall be employed as part of a home occupation.
B. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
C. No more than twenty-five (25) percent of the gross floor area of
such residence shall be used for the conduct of a home
occupation. No more than fifty (50) percent of the floor area of
an accessory structure shall be used for a home occupation.
D. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.
E. No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation not conducted for gain or profit or machinery or equipment which is essential in the conduct of the home occupation.
F. No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
G. One sign shall be permitted not to exceed four (4) square feet in area. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
H. One (1) commercial type vehicle may be used in connection with the home occupation and be parked on the property.
I. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
J. A home occupation shall not be interpreted to include the following: commercial stables or kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles and other trades and businesses of a similar nature.
SECTION 709 HOTELS AND MOTELS
A. Minimum lot size: Two (2) acres
Minimum lot width: Two hundred (200) feet
Minimum front setback: One hundred (100) feet
Minimum side and rear setbacks: Forty (40) feet.
B. Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses. With the exception of an identifying sign for the restaurant, no external evidence of these internal commercial activities is permitted.
SECTION 710 KENNELS AND ANIMAL HOSPITALS
A. Adequate landscaping and/or fencing shall be provided for visual screening and buffering between such facilities and adjacent properties.
B. All buildings, structures or other accessory uses shall be at least seventy-five (75) feet from any property line.
C. All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.
D. Lot coverage shall not exceed fifty (50) percent.
E. Entrance and exit points shall be from major or secondary roads only.
SECTION 711 MOBILE HOME PARKS
A. Special use permits for the establishment and operation of mobile home parks are of a one (1) year duration. Upon reapplication, the Zoning Enforcement Officer may grant a permit renewal if all conditions of the original permit are complied with. Otherwise renewal applications must be submitted to the Zoning Board of Appeals.
B. The minimum site area of proposed mobile home parks shall not be less than twenty (20 acres).
C. Mobile home lots for the placement of single wide mobile homes (less than 15 feet wide) shall have an area of not less than seven thousand two hundred (7,200) square feet. Each mobile home lot shall front on an interior park roadway and have a minimum frontage of fifty (50) feet. Mobile home lots for the placement of double wide mobile homes shall have an area of not less than ten- thousand (10,000) square feet. Each mobile home lot shall front on an interior park roadway and have a minimum frontage of seventy-five (75) feet.
D. Minimum front setback for mobile homes: twenty (20) feet; minimum side setback: ten (10) feet on each side; minimum rear setback; ten (10) feet.
E. The minimum setbacks of every mobile home, building or other structure in a mobile home park from the nearest public street line shall be seventy-five (75) feet, and from every other lot line of the mobile home park shall be forty (40) feet.
F. Not more than one (1) mobile home shall be located on any one (1) mobile home lot. Every mobile home within a mobile home park shall be located on a mobile home lot or in a designated storage area shown on the approved site plan for said park.
G. At least one (1) service building shall be constructed in each mobile home park which shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the park, and all such equipment, tools and materials shall be stored within said building when they are not in use.
H. Each mobile home lot must have not less than two (2) off-street parking spaces. Such parking spaces shall be connected to the entrance of the mobile home by a paved sidewalk having a minimum width of twenty-four (24) inches.
I. No boats, campers, travel trailers, recreational vehicles, or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a mobile home park except in areas designated and approved for such storage as part of the site plan approval.
J. Every roadway within a mobile home park shall have a minimum pavement width of twenty-two (22) feet and a minimum right-of-way width of fifty (50) feet. If cul-de-sacs exist they shall have a minimum diameter of seventy (70) feet.
K. A complete water distribution system approved by the Cortland County Health Department shall be installed. Such system shall include a water-service pipe for each mobile home lot and approximately spaced fire hydrants shall be installed which provide a minimum of 1000 gallons per minute or such alternate system which provides equal or greater fire protection. Fire hydrants shall be provided at each street intersection and at intermediate points between intersections as recommended by the State Insurance Services Office. Generally, hydrant spacing may range from 350 to 600 feet depending on the area being served.
L. A public sanitary sewage disposal system approved by the Cortland County Health Department shall be installed, including sewage/wastewater discharge connection for each mobile home lot.
M. All public utility, electric, gas, cable television and telephone lines shall be installed underground.
N. Appropriate street lighting shall be installed on interior roadways with the minimum number of lights being one at each intersection of interior roadways as well as with each abutting public road and at least every two hundred (200) feet where such intersections are more than two hundred (200) feet apart.
O. Pedestrian walkways shall be provided along at least one side of all interior streets. Such walkways shall have a minimum pavement width of three (3) feet and the pavement shall be constructed of mortar or cement concrete and not bituminous asphalt.
P. An acceptable landscape plan shall be prepared and carried out which will provide for appropriate planting of ground cover, trees and shrubs.
Q. No mobile home shall be located on a mobile home lot until the paved roadways, sanitary sewage disposal system, water supply system and storm drainage system serving said mobile home lot have been installed in accordance with the approved site plan or plans for the mobile home park.
R. Each roadway shall be named and noted upon signs at each roadway intersection. Each mobile home lot shall be assigned a permanent number which shall be noted on the mobile home lot in a location clearly visible from the roadway.
S. Wherever utilized, fuel storage shall be enclosed in a ventilated structure designed to hide the tanks from view and blend in with the surroundings unobtrusively. All fuel tanks used for heating within a mobile home park, including all fuel tanks used for heating within mobile homes, shall be installed in accordance with New York Conservation Law, 6 NYCRR Part 610 as well as in accordance with National Fire Protection Association (NFPA) sections 30 and 30A. Fuel tanks as described above shall also be installed in accordance with the Cortland County Sanitary Code and the State Uniform Fire Prevention and Building Code including: Chapter B, Article 10, Part 1000; Chapter C, Article 2, Part 1163 and Chapter C, Article 3, Part 1171.
T. Every mobile home park shall have a recreational area or open-space area for use by the occupants of the mobile home park. Such areas shall be as centrally located as the topography and design of the park permit. Such areas shall be not less than ten thousand (10,000) square feet or one thousand (1,000) square feet per mobile home lot in the park, whichever is greater.
U. The park owner shall provide for the weekly collection and disposal of garbage, trash and rubbish.
V. No more than one (1) accessory building shall be permitted on any mobile home lot.
W. Each mobile home shall be enclosed at the bottom with a fire resistant skirt or enclosure within thirty (30) days after the placement of the mobile home on the lot.
X. No enclosure or addition, with the exception of carports, door porches, decks and peaked roofs shall be constructed on or added or attached to the exterior of any mobile home.
Y. No mobile home shall be offered for sale, displayed for sale or sold within a mobile home park unless such mobile home is located on a mobile home space and is connected to an electric public utility supply, an approved water supply and an approved sewer or septic system.
Z. Every roadway within a mobile home park shall be maintained in good repair and shall be kept open at all times reasonably possible for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of roadway maintenance including snow plowing. The provisions of this subsection shall apply to mobile home parks hereafter established within the Town.
AA. Sale of lots. Any sale of a mobile home space or spaces or portion of a mobile home park, other than the entire mobile home park, as shown on the plan of such park approved by the town, shall thereupon immediately invalidate the permit for such park approved by the Town Board. Any use of any of the premises within the mobile home park other than as a mobile home park shall thereupon immediately invalidate the special permit of such park approved by the Zoning Board of Appeals.
BB. All individual lots will be properly identified by sequential numbers or letters.
SECTION 712 MOTOR VEHICLE REPAIR SHOPS
A. Entrance and exit driveways shall have an unrestricted width of not less than twenty-five (25) feet and not more than thirty (30) feet, and shall be located not nearer than ten (10) feet from any property line, and shall be laid out so as to avoid the necessity of vehicles backing out into any public right-of- way.
B. No more than ten (10) licensed motor vehicles being serviced or repaired shall be stored or parked outdoors in public\private view. Vehicles shall be in areas screened by opaque fencing not less than 6 feet in height from adjacent properties. All such vehicles shall be stored in a neat and orderly manner.
C. The hours of operation of motor vehicle repair shops shall be no earlier than 7:30 a.m. and not later than 8:00 p.m.
SECTION 713 MULTIPLE FAMILY DWELLINGS
A. The maximum gross density shall not exceed three (3) units per acre.
B. Minimum habitable floor area requirements:
1. Townhouse units, two (2) bedrooms or less: eight hundred fifty (850) square feet.
2. Townhouse unit, three (3) bedrooms or more: one
thousand (1,000) square feet.
3. Apartment unit, efficiency: five hundred fifty (550)
square feet.
4. Apartment unit, one bedroom: six hundred seventy-five (675) square feet.
5. Apartment unit, two (2) bedrooms: eight hundred (800) square feet.
6. Apartment unit, three (3) bedrooms: nine hundred fifty (950) square feet.
7. No more than one third () of the total units within a multiple-family dwelling development shall be three (3) or more bedrooms units.
C. Setback requirements
1. The minimum front setback from any public street shall be seventy five (75) feet.
2. The side and rear setbacks shall be fifty (50) feet from all other lot lines.
3. Minimum distance between buildings in a multiple family dwelling development shall be one hundred (100) feet.
D. All stairways to the second floor or higher shall be located inside buildings.
E. Access to public road:
1. All multiple-family dwelling developments must have direct access to a public road.
2. If there are more than twelve (12) dwelling units in a multiple-family dwelling development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.
3. If there are more than fifty (50) dwelling units in a multiple-family development, or, if in the opinion of the Zoning Board of Appeals, the location and/or the topography of the site indicate the need for additional access, the Zoning Board of Appeals may require same as a condition of site plan approval.
F. Off-street parking shall be provided in the amount of two (2) spaces for each unit.
G. The aggregate lot coverage of multiple-family dwelling developments shall not exceed thirty (30) percent of the total land area.
H. Plans submitted for site plan approval shall address at least these elements; sewage disposal, water supply, storm drainage, landscaping, lighting, pedestrian and vehicular circulation and off-street parking.
SECTION 714 PUBLIC AND SEMI-PUBLIC BUILDINGS AND GROUNDS
A. Landscaped areas at least ten (10) feet in width or other suitable screening, shall be provided for the entire length of any lot line adjacent to any residence or adjacent street.
B. No structure or use shall be located within fifteen (15) feet of any adjacent property line.
C. Entrance and exit points shall be from major or secondary roads.
D. Parking areas shall not be within ten (10) feet of any property line.
SECTION 715 RETAIL GASOLINE OUTLET
A. Entrance and exit driveways shall have an unrestrictive width of not less than twenty-five (25) feet and not more than thirty (30) feet, and shall be located not nearer than fifteen (15) feet from any property line, and shall be designed to avoid the necessity of any vehicle backing out into any public right of way.
B. Entrance and exit points shall be from a major or secondary road.
C. All buildings shall be setback from the major or secondary street line a distance of not less than thirty (30) feet.
D. Gasoline pumps shall be located not less than twenty (20) feet from the street line and not less than thirty (30) feet from all other property lines.
E. No such establishment shall be located within a distance of two hundred (200) feet of a school, church, hospital, nursing home, senior citizen housing or other place of public assembly designed for occupancy by more than fifty (50) persons, or within 500 feet of another gasoline station or repair garage on the same side of the street. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.
F. Landscaped areas of at least ten (10) feet in width shall be provided along side and rear yard property lines to lessen any visual unattractiveness.
G. The entire area of the site traveled by motor vehicles shall be a dust free paved surface.
H. Any repair of motor vehicles shall be performed in a fully enclosed building and no more than two (2) motor vehicles shall be offered for sale on the site at any one time. No motor vehicle parts, or partially dismantled motor vehicle shall be stored outside of an enclosed building.
ARTICLE VIII
Administration and Enforcement
Section 800-801 - Zoning Enforcement
Officer
Section 810-814 - Planning Board
Section 820-836 - Zoning Board of Appeals
Section 840-846 - County Planning Board
SECTION 800 ENFORCEMENT
A. The duties of administering and enforcing the provisions of this Ordinance are hereby conferred upon the Zoning Enforcement Officer. The Zoning Enforcement Officer shall be appointed by the Town Board and receive compensation as that Board shall determine.
B. Except as otherwise specifically provide by law, ordinance, rule or regulation, or except as otherwise provided, the Zoning Enforcement Officer shall administer and enforce all of the provisions of the Uniform Code and other laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.
C. In the absence of the Zoning Enforcement Officer, or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Zoning Enforcement Officer and to exercise all the powers conferred upon him by the Ordinance.
SECTION 801 DUTIES AND PROCEDURES OF THE ZONING ENFORCEMENT OFFICER
A. Administer the Zoning Law
The Zoning Enforcement Officer shall review all applications for building permits and, if the minimum requirements of this Ordinance are met, the Officer shall issue a permit.
If the applicant's plans do not meet the Zoning requirements, the Officer must deny the permit.
B. Referral to the Zoning Board of Appeals
1. An applicant, after he has been denied a building permit, may appeal the Zoning Enforcement Officer's findings to the Zoning Board of Appeals (ZBA) for an interpretation or a variance. Should an Appeal be requested the Zoning Enforcement Officer shall notify the Secretary of the ZBA of the request and forward all necessary supporting information.
2. Any application for a special permit shall be forwarded by the Zoning Enforcement Officer to the Secretary of the Zoning Board of Appeals along with all supporting information.
C. Referral to Town Planning Board
Any application for a use that requires Site Plan Review shall be forwarded by the Zoning Enforcement Officer to the Secretary of the Town Planning Board along with all supporting information.
D. Referral to the Town Board
Any application for a zoning map amendment shall be forwarded
by the Zoning Enforcement Officer to the Secretary of the Town
Board along with all supporting information.
E. Remedy for Zoning Law Violations
For any plans, construction, building, or use of property found to be in violation of this Ordinance, the Zoning Enforcement Officer shall order the responsible party or parties, in writing, to stop and to remedy the situation and/or conditions. The Officer shall have the authority to secure from the Town Justice a stop order to constrain the continuance of any zoning law violation.
F. Report to Town Board
A monthly report shall be made in writing by the Zoning Enforcement Officer to the Town Board describing and enumerating actions taken and permits issued.
G. Public Record
The Zoning Enforcement Officer shall file all permit actions
with the Town Clerk.
SECTION 810 PLANNING BOARD
SECTION 811 APPOINTMENT OF A PLANNING BOARD
The Town Board authorizes the appointment of a seven member Planning Board as more fully described in Town Law Section 271. At least one member shall be a person engaged in agricultural pursuits as defined in Town Law Section 271 subsection 11. Terms of all Planning Board Members shall be staggered as the law requires.
SECTION 812 CHAIRPERSON, RULES AND EXPENSES
A. The Town Board may select a Chairperson of the Planning Board annually, or on failure to do so, the Planning Board shall elect a chairperson from its own members.
B. The Planning Board may adopt rules or bylaws for its operation.
C. The Town Board shall provide an appropriation to the Planning Board to cover necessary expenses including the means for the Planning Board to maintain a written record of its meetings and public hearings.
SECTION 813 FUNCTIONS OF THE PLANNING BOARD
A. Prepare, modify or update a comprehensive development and land use plan for the Town. This plan may also be referred to as the Town Master Plan.
B. Review and prepare comments for the Town Board on all proposed zoning amendments after referral to the County Planning Department.
C. Conduct Site Plan Reviews as authorized by Town Law 274a and prescribed in Article X of this Ordinance.
D. Render assistance to the Zoning Board of Appeals on its request.
E. Research and report on any matter referred to it by the Town
Board.
F. Make investigations, maps, reports, and recommendations
regarding any matter related to Planning and Development as it
deems desirable providing expenditures of the Board do not
exceed appropriations (Town Law Section 275).
G. Review and act on subdivision applications
SECTION 814 COUNTY PLANNING BOARD REPRESENTATIVES
The Town Board may nominate either a member of its Planning Board or some other resident to serve on the County Planning Board when vacancies occur. Appointments to the County Planning Board are made by the County Legislature.
SECTION 820 ZONING BOARD OF APPEALS
SECTION 821 APPOINTMENT OF ZONING BOARD OF APPEALS
Pursuant to Section 267 of Town Law, there shall be a Zoning Board of Appeals consisting of seven (7) members holding staggered five (5) year terms appointed by the Town Board.
SECTION 822 CHAIRPERSON, RULES EXPENSES, AND DECISIONS
A. The Chairperson of the ZBA shall be appointed annually by the Town Board.
B. The ZBA may adopt rules or bylaws for its operation.
C. The Town Board shall provide an appropriation to the ZBA to cover necessary expenses including the means for the ZBA to maintain a written record of its meetings and public hearings.
D. All decisions shall be by a majority vote of the membership present except in those cases of a County Planning Board disapproval referral recommendation. In such cases a majority of the membership present plus one vote shall be required for any decision.
SECTION 823 FUNCTIONS OF THE ZONING BOARD OF APPEALS
A. Interpretation. Upon appeal from a decision by the Zoning Enforcement Officer, the ZBA shall decide any question involving interpretation of any provision of this Ordinance.
B. Appeals for Variances. Upon denial of a building permit by the Zoning Enforcement Officer, the ZBA shall hear requests for variances as more fully described in Section 830 of this Ordinance.
C. Special Permit. Review and grant or deny special permits as authorized by Article IX.
SECTION 830 APPLICATIONS FOR VARIANCES THROUGH THE ZONING BOARD OF APPEALS (ZBA)
All requests for variances shall be made to the ZBA by the Zoning Enforcement Officer.
SECTION 831 VARIANCE POLICY
The granting of variances where unnecessary hardship or practical
difficulty can be demonstrated may be justified where area or use
variances are involved. Use variances allowing such requests shall be
carefully reviewed in the light of guidelines established by case law.
SECTION 832 GRANTING AREA OR DIMENSIONAL VARIANCES
A. Area variances may be granted where setback, frontage, lot size, density or yard requirements of this Ordinance cannot be reasonably met. The ZBA, in its findings, must find that practical difficulty was present.
In determining practical difficulty the ZBA shall duly consider each of the following questions:
1. How substantial the variance is in relation to the zoning requirements?
2. If the variance were to be granted would a substantial change result in the character of the neighborhood and/or would substantial detriment to adjoining property or properties occur?
3. Whether or not the practical difficulty specified can be taken care of by some means other than a variance?
4. Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, will the interests of justice be fairly served for those people directly involved by granting the variance?
B. The following shall not be considered in determining practical difficulty.
1. The owner is merely inconvenienced.
2. The owner is prevented from building a second or subsequent structure.
3. The owner is prevented from building a structure as large as he would like, provided he can build one of reasonable size.
4. A larger building will improve the efficiency of a business or yield more profit.
C. Area Variance Procedures
Area variances shall be granted by the procedure established in Section 834.
SECTION 833 GRANTING USE VARIANCES
A. A use variance may be granted by the ZBA only after the findings of the ZBA establish that unnecessary hardship exist.
In determining whether or not unnecessary hardship exists, the ZBA's findings must establish that each of the following criteria is the case.
l. The land in question cannot yield a reasonable return if used only for a permitted use in the zone. A potential for increased profit by allowing a prohibited use is not to be considered.
2. The use to be authorized by the variance must not have the potential to substantially alter the essential character of the neighborhood.
3. The use to be authorized by the variance must not be contradictory or run counter to the spirit and intent of the Zoning District or Zoning Ordinance itself.
B. Use Variance Procedure
Use variances shall be granted only by the procedure established in Section 834.
SECTION 834 PROCEDURE FOR GRANTING A VARIANCE
A. All applications for variances shall be in writing on forms established by the ZBA. They are available from the Zoning Enforcement Officer or the Town Clerk.
B. Every application shall refer to the specific section or sections of the law involved and shall state in detail why the applicant believes the variance should be granted.
C. Upon receipt of the completed application the ZBA shall:
l. schedule a public hearing
2. advertise in the official newspaper of the Town a notice
of the public hearing
as described in Section 835
3. refer the application to the County Planning Board as required by General Municipal Law Section 239, if required.
4. determine whether or not the State Environmental Quality Review Act needs to be followed and if so make certain the proper papers are submitted and reviewed.
D. Within forty-five (45) days of the public hearing, the ZBA shall render a decision. If the matter was referred to the County Planning Board, a copy of the ZBA's findings and decision must be returned to the County Planning Board within 7 days following the decision date.
SECTION 835 NOTICE OF PUBLIC HEARING
A. The Board shall fix a reasonable time for the hearing of appeals not to exceed forty-five (45) days from date of ZBA receipt, or sixty (60) days where cases are referred to the County Planning Board, and shall give due notice of the time set for the hearing to the applicant. Public notice shall be by the publication of an advertisement in the official newspaper of the town pursuant to law, and shall briefly describe the nature of the appeal and the time and place of the hearing.
SECTION 836 MEETING OF THE BOARD
A. The Zoning Board of Appeals shall hold meetings at the request either of the chairperson or of four or more members.
B. The presence of four (4) members shall constitute a quorum for
the conduct of business before the board.
C. A concurring vote of the majority of those members of the Board
present shall be necessary to act on the application for any
variance or to decide upon any other matter brought before the
board, unless otherwise stipulated in this law or in the bylaws
or rules of the ZBA.
D. All votes of the Zoning Board of Appeals shall be taken by roll call.
E. In accordance with General Municipal Law, Section 809, a member of the Zoning Board of Appeals having a conflict of interest shall abstain from any discussion or voting on such matter
F. The Zoning Board of Appeals may request and obtain any advice or opinion on the law relating to any matter before the Board from the Town Attorney and may require the town attorney to attend its meetings.
G. The Zoning Board of Appeals may require the Zoning Enforcement Officer to attend its meetings and to present any facts relating to any matter before the Board.
H. All meetings of the Zoning Board of Appeals shall be open to the public.
I. The Zoning Board of Appeals shall keep minutes of all its meeting. The Town board shall provide a secretary to take minutes at meetings of the Zoning Board of Appeals.
J. The Zoning Board of Appeals shall keep a factual record of all its proceedings including the reading of the case, public hearing, deliberation, voting and decisions of the Board. These factual records shall be taken by stenographic and/or tape recorder means and shall be accurate but not necessarily a verbatim transcript. The records may be kept in narrative form.
SECTION 840 REQUIRED REFERRALS TO THE COUNTY PLANNING BOARD
The Zoning Enabling Law requires that any of the following local zoning actions must be referred to the County Planning Board prior to action by the local Board. Any proposal for a special permit, variance, site plan approval, change in the zoning law text or map (rezoning, amending the zoning law) which would affect real property lying within a distance of 500 feet from the boundary of:
- any county
- any town
- any village
- any existing or proposed county or state park
- any right-of-way of any county or state road or parkway
- any stream or canal owned by the county
- any existing or proposed county or state owned land on which a public building or institution is situated
- any existing farm operation within an agricultural district, as defined by Article Twenty-Five-AA of the Agricultural and Markets Law.
Must be referred to the County Planning Board who shall have 30 days from date of receipt to take action on the matter. By mutual agreement of the county and the municipality, such 30 day period may be extended for good cause.
SECTION 845 EFFECT OF COUNTY PLANNING BOARD REVIEW
A. If the County Planning Board recommends in favor, the local board's decision is governed by a majority vote.
B. If the County Planning Board recommends disapproval or approval subject to stated conditions or modifications, the local board may override the county opinion only by a majority plus one vote.
SECTION 846 REPORT ON FINAL LOCAL ACTION
Where required referral is made to the County the local board must send a
copy of its decision and reasons for such decision to the County Planning Board
within 7 days after the local decision is reached.
ARTICLE IX
Special Permits
SECTION 900 PURPOSE
It is the intent of this Ordinance to use Special Permits to control the impact of certain uses upon areas where they will be incompatible unless conditioned in a manner suitable to a particular location. Special permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
SECTION 901 ADMINISTRATION
Pursuant to Town Law, Section 274b the Town Zoning Board of Appeals will administer the review and granting of Special Permits.
SECTION 902 PROCEDURE
A. All applications for special permit shall be filed with the Zoning Enforcement Officer who shall refer the completed special permit application to the Zoning Board of Appeals within ten (10) days after receiving a completed application.
B. At its next regular or special meeting, the Zoning Board of Appeals shall designate a public hearing date within a reasonable period of time, not to exceed forty-five (45) days from the date application was made or sixty (60) days in cases when the application must be referred to the County Planning Board in accordance with General Municipal Law, Section 239m, as described in Section 840 of this Ordinance.
C. The Zoning Board of Appeals shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper, one of general circulation in the Town.
D. The notice of the public hearing shall be sent and published at least ten (10) calendar days prior to the date of the public hearing as well as sufficient information so as to identify the property involved and the nature of the proposed action.
E. The Zoning Board of Appeals shall make a factual record of all
its proceedings involving the granting of a special permit. The
decision of the Zoning Board of Appeals shall contain the
reasons for its decision.
F. The Zoning Board of Appeals shall render its decision, either
approving with conditions, or denying, within forty-five (45)
days after the hearing, unless an extension is mutually agreed
upon.
G. Each application for a special permit shall be accompanied by a proposed plan showing the information required for site plan approval in Article X.
H. Each special permit application must also receive site plan approval before the special permit may be granted.
SECTION 903 FINDINGS
1. In order to grant approval for a Special Permit, the applicant must prove that the structure and/or use:
A. Is appropriate for the particular lot and area, and will not conflict with allowed uses.
B. Is in compliance with all other applicable sections of
this Zoning Ordinance.
C. Is physically and visually compatible with the general
neighborhood.
D. Provides a suitable transition when located between differing uses or Districts or provides a visual buffer by landscaped green areas or fencing.
E. Has adequate space and plans for off street parking.
F. Has future expansion or revision capabilities without need for variances.
G. Provides for safe handling of vehicular traffic to and from site without causing congestion. No new vehicular entrances shall be permitted within fifty feet of an existing intersection.
H. Provides for safe passage of pedestrians.
I. Enhances neighboring property and does not lead to
depreciation of properties (by reason of noise, traffic
dust, fumes, smoke, odor, fire, glare, flashing lights
or sewage disposal).
ARTICLE X
Site Plan Review
SECTION 1000 PURPOSE
The intent of this section is to set forth additional general standards applying to certain land uses and activities. These standards are felt to be necessary to protect against the possible undesirable effects of particular land uses and related activities on surrounding properties, the environment, community character and the ability of the Town to accommodate development consistent with the objectives of this Ordinance.
SECTION 1001 APPLICATIONS
All applications for building permits, zoning variances, or special permits, (except building permit applications for one or two family dwellings and their permitted accessory uses or any addition to a single family dwelling or general farming use) shall be accompanied by a site plan approval. No building permit shall be issued until all the requirements of this Article and all other applicable provisions of this Ordinance have been met.
SECTION 1002 PROCEDURE
A. All competed applications for site plan approval shall be made to the Planning Board by filing it with the Town Clerk. The applicant shall present it to the Planning Board at their next regularly scheduled meeting.
B. Within forty-five (45) days of receipt of the application or sixty (60) days in cases when the application must be referred to the County Planning Board in accordance with General Municipal Law, Section 239m, as described in Section 840 of this code, the Planning Board shall render a decision to approve with conditions, or deny, and forward the decision to the code enforcement officer. An extension of this forty-five (45) day period may be granted upon consent of both the applicant and the town planning board. If the Planning board fails to act within said forty-five (45) day period or within any extension that have been granted, the site plan shall be approved.
C. A full written record of the planning board minutes and decisions together with all documents pertaining to the case shall be filed in the Office of the Town Clerk and shall be mailed to the applicant.
SECTION 1003 PREAPPLICATION CONFERENCE
A preapplication conference may be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the site plan.
SECTION 1004 APPLICATION FOR SITE PLAN APPROVAL
An application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by information drawn from the following checklist. The Planning Board may require additional information to complete its review.
A. Plan checklist for all site plans:
l. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
2. north arrow, scale and date;
3. boundaries of the property plotted to scale;
4. existing watercourses and bodies of water;
5. location of any slopes of 5% or greater;
6. proposed grading and drainage;
7. location, proposed use and height of all buildings and site improvements such as culverts, drains, retaining walls and fences, etc.;
8. location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site;
9. location of outdoor storage, if any;
10. description of the method of sewage disposal and location of the facilities;
11. identification of water source; if well, locate;
12. location, size and design and construction materials of all proposed signs;
13. location and proposed development of all buffer areas, including existing vegetative cover;
14. location and design of outdoor lighting facilities;
15. general landscaping plan.
B. As necessary, the Planning Board may require the following:
1. provision for pedestrian access;
2. location of fire lanes and hydrants;
3. designation of the amount of building area proposed for retail sales or similar commercial activity;
4. other elements integral to the proposed development as considered necessary by the Planning Board.
SECTION 1005 PLANNING BOARD REVIEW OF SITE PLAN
The Planning Board's review of the site plan shall include, as appropriate, the following:
A. General Considerations
1. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
2. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
3. Location, arrangement, appearance and sufficiency of off-street parking and loading.
4. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
5. Adequacy of stormwater and drainage facilities.
6. Adequacy of water supply and sewage disposal facilities.
7. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
8. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
9. Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
10. Protection of solar access on adjacent or neighboring properties.
11. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
12. Special Attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
B. Consultant Review - The Planning Board may consult with the Town building inspector, fire commissioners, highway department, county planning department and other local county officials, in addition to representatives of federal and state agencies including, but not limited to, the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C. Professional Review - The Planning Board may seek professional review, by a Surveyor or Professional Engineer licensed in the State of New York, of any application for site plan review. The bill for this professional review shall be incurred by the applicant.
D. Public Hearing - The Planning Board may conduct a public hearing
on the site plan. If a public hearing is considered desirable, such hearing
shall be conducted within forty-five (45) days of the receipt of the application
and shall be advertised in the official newspaper of the town at least ten (10)
days before the public hearing. A decision shall be rendered within forty-five
(45) days of the public hearing.
ARTICLE XI
Flood Hazard Area Regulation
SECTION 1100 GENERAL
The flood hazard areas of the Town are subject to periodic inundation which may result in damage to property, produce health and life safety hazards, disrupt commerce and governmental services, introduce extraordinary public expenditures for flood protection and relief, and generally impair the Town tax base.
Flood damage losses are partly caused by the cumulative effects of increased runoff and of obstructions in areas of special flood hazards. These and other factors raise flood elevations and velocities. Improvements to property that are inadequately flood proof, not sufficiently elevated or otherwise protected from flooding also contributes to flood losses.
SECTION 1101 PURPOSE
It is the purpose of this Ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to possible flooding in designated flood hazard areas. To accomplish this purpose the flood hazard area regulations of this Article are designed to accomplish the following:
A. Protect human life and health;
B. Maximize of public expenditures for flood control projects;
C. Reduce need for rescue and relief efforts associated with flooding undertaken at public expense;
D. Prevent prolonged interruptions of business and industry;
E. Minimize damage to public facilities and utilities;
F. Assist in maintaining a stable tax base by providing for the sound use and development of flood hazard areas;
G. Insure that potential buyers will be notified that property is in a flood hazard area;
H. Assign full and clear responsibilities to those who control flood hazard areas for their actions.
SECTION 1102 FLOOD LOSS REDUCTION
Methods to reduce potential flood losses recommended include:
A. Restricting or prohibiting uses which may be dangerous to health, safety, and property due to flooding that my cause increases in erosion or in flood elevations or water velocities;
B. Requiring that land development activities vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Preventing or controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which temporarily store, absorb or channel flood waters;
D. Preventing or regulating filling, grading, dredging, and other modification to ground configuration which may increase flood waters;
E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in downstream areas.
SECTION 1103 FLOOD HAZARD AREA BOUNDARIES
The flood hazard area includes any and all areas of "special flood hazard" identified by the Federal Insurance Administration. If no "special flood hazard" areas have been identified by the Federal Insurance Administration then the location and extent of any flood hazard area in the Town will be determined by studies and investigations approved by the Town Council after certification by a registered professional engineer.
SECTION 1104 PENALTIES FOR NONCOMPLIANCE
Within the Flood Hazard Area - no structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Ordinance and any other applicable regulations. Failure to comply with the provisions of this Ordinance shall constitute a violation. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined no more than $250.00 or imprisoned for not more than 15 days, or both, for each violation. In addition the convicted person shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violations.
SECTION 1105 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Major floods can and do occur on rare occasions. Flood elevations may be increased by man made or natural causes. This Ordinance does not imply that land outside the flood hazard area or uses permitted within such area will be free from flooding or flood damages. This shall not create liability on the part of the Town, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.
SECTION 1106 ADMINISTRATION OF DEVELOPMENT PERMIT
A. Establishment of Development Permit
A Development Permit shall be obtained before construction or development begins within any flood hazard area established in Section 1103. Application for a Development Permit shall be made on forms furnished by the Zoning Enforcement Officer of the Town and may include, but not be limited to: maps and plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of material, drainage facilities; and the like as well as such natural features as wetlands, drainage ways and waterbodies.
B. Designation of the Zoning Enforcement Officer
The Zoning Enforcement Officer of the Town is hereby
appointed to administer and implement the provisions of
this Article by granting or denying development permit
applications in accordance with the provisions herein.
C. Duties and Responsibilities of the Zoning Enforcement
Officer.
The duties of the Zoning Enforcement Officer shall include, but not be limited to:
1. Review of all development permit applications to determine whether or not the permit requirements of this Article have been satisfied.
2. Review of all development permit applications to determine if the necessary related permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
3. Review of all development permit applications in the flood hazard area to determine if the proposed development adversely affects the flood carrying capacity of that area. For the purposes of this Article "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one (1) foot at any point. The assistance of a Professional Engineer should be obtained as necessary in making this determination.
4. When certifiable base flood elevation data has not been provided in the determinations of Section 1103 or elsewhere a licensed surveyor shall obtain, review, and reasonably utilize any base flood elevation data deemed reliable to assist in deciding whether or not to grant a Development Permit.
5. Obtaining and recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
6. For all new or substantially improved flood proof structures:
A licensed surveyor must verify and record the actual elevation (in relation to mean sea level) and maintain the floodproofing certifications required in Section 1107 which follows.
7. Notifying adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Insurance Administration, if applicable and, requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capability is not diminished.
8. Making interpretations where needed, as to the exact location of the boundary of the flood hazard area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1107 following.
SECTION 1107 VARIANCE PROCEDURE
The Town Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this Article consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program 44 CFR 60, if applicable.
SECTION 1108 FLOOD HAZARD REDUCTION
In all Flood Hazard Areas the following is required:
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
B. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and/or frame ties to ground anchors.
C. All new construction and improvements shall be constructed with materials and utility equipment resistant to flood damage.
D. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters.
F. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters and discharges from the systems into flood waters.
G. On-site sewage systems shall be located to avoid impairment to them or contamination from them during flooding.
H. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage potentials.
I. All subdivision proposals shall have storm drainage designed to reduce exposure to flood damage.
J. Base flood elevation data from a reliable source shall be provided for subdivision proposals and other proposed development containing 5 or more acres.
K. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
L. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. Be flood proof so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. be certified by a registered professional engineer
or architect that the standards of this
subsection are satisfied. Such certification
shall be provided to the Zoning Enforcement
Officer as set forth in Section 1106 c.
M. Mobile homes shall be anchored in accordance with Section 1108 b.
N. For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repairs, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that:
1. Stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the
mobile home will be at or above the base flood
level; and,
2. in the instance of elevation on pilings, that:
a. lots are large enough to permit steps;
b. piling foundations are placed in stable soil not more than ten feet apart; and
c. reinforcement is provided for pilings more than six feet above the ground level
O. No mobile home shall be placed in any designated floodway, except in an existing mobile home park or an existing mobile home subdivision.
SECTION 1109 DESIGNATED FLOODWAYS
Located within areas of "special flood hazard," described in Section 1103, may be areas designated as floodways. Because a floodway is potentially critical area to be kept permanently clear due to the potentially high velocity and volume of flood waters the following limitations and requirements apply to designated floodways:
A. Encroachments are prohibited in any floodway including filling, new construction, substantial improvements, and all other forms of development unless an evaluation by a professional engineer demonstrates that proposed encroachments will result in no increase in flood elevations during the occurrence of the base flood discharge.
B. Any proposal demonstrating compliance with item "A" above in this section shall have all new construction and substantial improvements to comply with the flood hazard reduction provisions found in Section 1108 of this Ordinance.
C. Mobile homes may not be located in any floodway, except in either an existing mobile home park or an existing mobile home subdivision.
D. In all areas of "special flood hazard," described in Section 1103, in which
base flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with all other
existing and anticipated development, shall not increase the water surface elevation
of the base flood more than one foot at any point.
ARTICLE XII
Fee Schedule
SECTION 1200 ORIGINAL PERMITS
Each applicant for a building permit, upon filing of the application, shall pay to the Town clerk a fee to be computed as follows:
SECTION 1201 COST OF CONSTRUCTION FEES
$0 to $ 2,000 $45.00
$2,001 to $ 25,000 $45.00 for the first $2,000 plus $4.00 for each additional $1,000 or fraction thereof over $2,000
$25,001 to $ 50,000 $137.00 for the first $25,000 plus $3.00 for each additional $1,000 or fraction thereof over $25,000
$50,001 to $ 100,000 $212.00 for the first $50,000 plus $2.00 for each additional $1,000 or fraction thereof over $50,000
$100,001 to $ 500,000 $312.00 for the first $100,000 plus $1.50 for each additional $1,000 or fraction thereof over $100,000
$500,001 to $1,000,000 $912.00 for the first $500,000 plus $1.50 for each additional $1,000 or fraction over $500,000
$1,000,001 to $5,000,000 $1,662.00 for the first $1,000,000 plus $1.50 for each additional $1,000 or fraction thereof
Over $5,000,000 $7,662.00 for the first $5,000,000 plus $1.50 for each additional $5,000 or fraction thereof over $5,000,000
SECTION 1202 MISCELLANEOUS FEES
All inspections required for mobile home installations regardless of cost of installation shall be $70.00 for a single wide unit and $130.00 for a double-wide unit. Inspections of tie downs and anchoring only on existing mobile home shall be $25.00. Installation of swimming pools plus electrical inspection shall be $60.00 for above ground; $120.00 for in-ground. Inspection of installed wood stove or similar heating unit shall be $50.00. Inspection of septic system installation shall be $150.00.
SECTION 1203 RENEWING PERMIT
Any building permit issued shall be good for one year. In the event a building permit must be renewed, a fee equal to 50 percent of the original building permit fee will be charged prior to reissuance of the permit. Fee for issuance of temporary certificate of occupancy shall be equal to 50 percent of the cost of original building permit.
SECTION 1204 OTHER FEES
Any inspection requested outside of normal business hours will be billed at the rate of $25.00 per hour (minimum charge of 2 hours) in addition to permit fee.
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50 percent of the fee paid, provided no work has been commenced. If work has been commenced and the application is not approved, all fees paid shall be forfeited.
SECTION 1205 CONSTRUCTION VALUES
For purposes of the cost of construction for building permit purposes, the
cost of residential construction shall be $75.00 per square feet, the cost of
commercial construction shall be $35.00 per square feet and the cost of remodeling
existing residential buildings shall be the cost of $50.00 per square feet.