A. In any residence district, no accessory building shall be erected or altered so as to be in any front yard, in any required side yard or nearer than 10 feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurements. Accessory buildings may occupy a total of not more than 25% of the required rear yard area on any lot in an R-1 District.

B. Accessory buildings used for the sale of farm products, where such use is clearly incidental to the overall use of the premises as a farm, shall be permitted to be placed in the front yard off the road right-of-way. Such permitted use shall be temporary in nature and cease when no such products are offered for sale. When not in use for the sale of products, such accessory buildings must be stored on the subject premises in conformity with the Zoning Chapter. The construction of the accessory building shall be limited to the ordinary and customary construction for the use or sale of such farms products. Under no circumstances shall such farm use be construed to permit any use other than sale of normal farm products on a temporary basis.

C. A zoning permit shall be required prior to the erection of an accessory building in order to insure compliance with the requirements of this chapter.

D. Accessory buildings identified as "PODS®" shall be limited to 60 days within any one-year period. Any extension shall be at the sole discretion of the Town Board upon application of the owner.

See Forms for more information

The requirements of this chapter with respect to lot area and width shall not be construed to prevent the erection of a one-family dwelling on any lot which was of record on the effective date of this chapter, provided that the yard and setback requirements are complied with, and provided further that the owner of such lot does not own other contiguous land which, together with the lot in question, would permit compliance with said lot area and/or width requirements. Additionally, for any permitted nondwelling use in a General Business District, the above procedures shall be applied where the owner or applicant can present evidence of Health Department approval.

No fence, wall, hedge, shrub planting or tree foliage, building or any other structure which obstructs sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded cutoff corner, from the intersection of such lines extended.

Compliance with district regulations required.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located.

Compliance with height, accommodation and setback restrictions required.
No building shall hereafter be erected or altered to a greater height, to accommodate or house a greater number of families or to have any yard or setback less in width or depth than is specified herein for the district in which such building is located.

Yards and open space to be separate.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

Reduction of required areas prohibited.
No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area, dimensions or capacity shall not be further reduced.

For the purpose of regulating the locations of accessory buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.

Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

No drainage of any kind whether by ditch, tile, pipe or other shall be installed or altered to allow the end of such ditch, tile, pipe or other, to end at property lines or to create an issue for adjoining property owners. The setback of such drainage shall follow the setbacks of accessory structures for that zoning. The minimum setback is 10 feet.

There shall be no dumping of tires, electronics, hazardous waste or other items as may be determined by the Town from time to time.

A. The following fences shall be allowed within yards which are located in close proximity to human-occupied yards of adjoining property:

(1) A wall or fence not over four feet high in any front yard or side street side yard.
(2) A wall or fence not over seven feet high in any other yard.
(3) Fencing of a temporary nature erected in season to prevent the drifting of snow as long as it conforms to § 120-62 and does not adversely affect adjoining yards.
 

B. Any fence erected under this chapter shall be placed at least six inches from any property line or upon property lines as mutually agreed upon by adjoining owners. Any fence erected in a front yard shall be placed at least one-foot back from the sidewalk, but in no event may it be less than one-foot back from the front line and/or property line.

C. The following fences and fencing materials are specifically prohibited, except for agricultural uses:

(1) Barbed wire.
(2) Short, pointed fences.
(3) Canvas fences.
(4) Cloth fences.
(5) Electrically charged fences.
(6) Poultry fences.
(7) Turkey wire.
(8) Contrary to the character of the area.
 

D. All chain link fences erected shall be erected with the closed loop at the top of the fence.

E. All entrances or gates shall open into the property.

F. See § 120-63F for information on security fences.

G. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.

H. Swimming pools. An enclosure shall be provided around outdoor swimming pools which surrounds the pool. Such enclosure shall be at least four feet in height and shall limit accessibility to the pool. Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from this requirement, provided that access is restricted. A portable wading pool shall be exempt from this requirement.

I. Powers and duties of Building Zoning Officer and Zoning Enforcement Officer. The Building Zoning Officer and the Zoning Enforcement Officer shall have the authority to direct the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

No person, corporation, partnership or association of persons shall use or operate or permit to be used or operated on their premises artificial lighting or illumination which unreasonably disturbs the sleep, comfort and repose of other residents or inhabitants in the vicinity, either by reason of the power or intensity or the location of said artificial lighting or illumination.

Continuance of existing uses.
Except as provided in this section, any lawful nonconforming use of any structure or land existing on the effective date of this chapter may be continued.

Discontinuance.
In any district, whenever a nonconforming use of land, premises, building or structure has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future use shall be in conformity with the provisions of this chapter.

Change in use.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the classification, and, when so changed to a more restricted classification, such use thereafter shall not be changed to a less restricted classification.

Extension of use.
A nonconforming use shall not be extended except within the same building or on the same lot, in the case of uses not located within buildings, which it partially occupied on the effective date of this chapter.

Alterations and restoration.
A building devoted to a nonconforming use may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 75% of the equalized assessed value (full value) of the building on the effective date of this chapter unless said building is changed to a conforming use. No building damaged by fire or other causes to the extent of more than 75% of its equalized assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter unless completely rebuilt on the original foundations within a period of two years from the date of such damage. The limitations stated herein shall not apply to any nonconforming use of mobile homes, which use may continue by the existing mobile home or a replacement mobile home subject to required building permits and codes applicable to mobile homes. Double-wide mobile homes may replace an existing mobile home if placed on a permanent foundation, requiring a building permit, and any special conditions as so stated by the Town Board.

Amendments.
Whenever the boundaries of a district shall transfer an area from one district to another district of a different classification or whenever the text of this chapter shall be changed with respect to the uses permitted in a district, the foregoing provisions shall also apply to any nonconforming uses existing therein.

Not more than one commercial vehicle with a capacity weight not to exceed two tons shall be parked out of doors overnight or on Sunday in conjunction with a residential property in a residential zone. No display vehicles for commercial purposes shall be parked in any district.

A. At the time any main building is erected or altered or any new use of land commenced, off-street parking spaces as hereinafter specified shall be provided on the same lot therewith and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except where provided in connection with one family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Town.

B. For the purpose of this chapter, a parking space shall be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and providing access thereto.

C. None of the off-street parking facilities as required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged.

D. The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

E. All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

F. Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Town Engineer and located not greater than 60 feet on center.

G. See § 120-53G for specific parking requirements.

No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereof; provided, however, that the Town Board may, by special permit, grant an application for such stripping where it finds such will not be detrimental to the adjoining land and building development.

A. Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

See Forms for more information.

Notwithstanding the provisions of any other section of this chapter, the following shall be prohibited in all districts:

A. Waste material storage or processing.
B. Use, processing or reduction of animal matter in a manner to cause odor beyond the boundaries of the lot.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities, such as pumping stations, repeater stations and electric substations, which require a structure above grade, shall be subject to the yard requirements of this chapter.

See § 120-54: Public utilities for more information.

All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.

The provisions of this subsection shall govern outdoor signs and display structures with respect to location, size and maintenance.

(1) No outdoor sign or display structure erected prior to the effective date of this section shall be rebuilt or relocated except in conformity with the provisions of this chapter. The requirements of this subsection shall not, however, be interpreted to prevent repairing or restoring to a safe condition any of the structural supports or the performance of maintenance operations on any existing sign, and further, at such time that such maintenance is performed, no change in the existing sign shall be accomplished to make the sign nonconforming or nonconforming to any greater degree than at the time of adoption of this section.
(2) When any outdoor sign or display structure, or a substantial part thereof, is blown down, destroyed, taken down or removed for any purpose other than maintenance, any replacement shall be in conformity with all the requirements of this chapter.
(3) No bills, signs or posters shall be posted, nor shall any such medium be affixed in any location of such size as may be in violation of any of the provisions of this chapter.
(4) Projecting signs are prohibited over any public way except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.
(5) No outdoor sign or display structure shall be erected, constructed or maintained so as to create or be a traffic hazard by obstructing the view of traffic at any intersection, curve or bend of any roadway or by obstructing or confusing the view to traffic signals, railroad crossing lights or other permanent traffic controls and warning lights.
(6) No outdoor sign or display structure shall be of such character or marking as to duplicate or appear to duplicate any traffic control or highway sign.
(7) Where specific building lines are established or street widening is contemplated, the Building Zoning Officer may limit the projection or signs in relation to the intended relocation of the curbline in that area.
 

(1) Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number or illumination.
(2) New signs for a nonconforming use in a business or manufacturing district not exceeding 30 square feet of exterior surface shall be permitted and may be erected only after all other signs are removed.
 

(1) The limitations on signs as set forth for the various zones by this section shall not apply to any sign or directional device erected by the federal, state, County or local government or agency thereof.
(2) The limitations on sign area as set forth by this section for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs use only one side and do not contain any advertising of the use on the premises.
(3) No animated or flashing signs shall be permitted.
(4) No signs shaped or resembling traffic signs shall be used for advertisement purposes.

Variances.
The Town Board may, in appropriate cases, vary or modify the application of this section in harmony with its general purpose and intent.

No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment except for vehicular parking on driveways.

No storage of Class 1 and Class 2 flammable liquid or gas shall hereinafter be established, except in a district where permitted in conformance with the requirements of the National Board of Fire Underwriters, as certified by the appropriate Fire Chief, and 20 feet or more from any property line.

No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway or a private easement or right-of-way at least 50 feet wide.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, whether with respect to any existing structures or use or any proposed structures or use.