No public parking place shall be conducted in any district except as a special exception by the Board of Appeals.
A. Land leveling operations shall be permitted in any district, when approved by the Town Board as a special exception after public hearing and subject to such conditions and special safeguards and posting of such financial security as to the Board may seem appropriate in order to protect the public health and safety and to promote the general welfare, and said uses shall further be subject to the provisions - contained in Chapter 117, Excavations, Art. II, Land Resource Excavations, adopted November 9, 1949, as the same may be amended from time to time.
B. In connection with the above, the Board may grant temporary and conditional permits for a period of two (2) years or less for uses and buildings which, but for such permission, do not comply with the requirements of this chapter.
C. The fee for the above application shall be the same as for a change of zone.
[Added 11-9-1993 by L.L. No. 11-1993]
A. No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring structure or property as to be a nuisance. Nor shall any artificial lighting be maintained or operated from any structure or land in such a way as to be a nuisance to neighboring properties or as to impair vision through inordinate glare or to create a hazard to neighboring properties or as to interfere with the reasonable quiet enjoyment, use or comfort of the occupants of the neighboring properties.
B. Exterior lighting facing neighboring property shall be hooded or shielded so that it does not produce an objectionable or inordinate glare on the neighboring property.
C. Any prohibited lighting now in existence, in connection with a permitted use or granted variance or in connection with a valid nonconforming use, which violates or does not conform to the provisions hereof shall be altered, removed or replaced in conformity with the provisions hereof.
A.noncommercial boathouse may be erected in any residence district without a rear yard; provided, however, that said boathouse is erected or structurally altered immediately contiguous to and has egress and ingress from a navigable waterway.
[Added 4-11-1995 by L.L. No. 10-1995]
A.violation of a covenant and restriction imposed as a condition to the granting of a change of zone, variance, special exception permit or building permit shall constitute a violation punishable pursuant to § 213-8 of this chapter.
In any residence district, not more than one (1) real estate sales office building, accessory to and exclusively used for the conduct of the sale of buildings erected or to be erected upon subdivided premises, may be constructed upon a portion of such subdivided premises; provided, however, that such building shall not be less than eight hundred (800) square feet in area; shall not be used for habitation purposes in whole or in part during such real estate sales office use thereof; shall, unless erected in conformity with the Building Code and in accordance with all of the provisions of this chapter regulating the construction of buildings within the use district wherein such building shall be erected, be removed completely and entirely by the permittee within thirty (30) days after the sale of the last of the buildings erected upon said subdivided premises or within thirty (30) days after suspension or abandonment of building activities or operations thereon, and, in such event, shall also be the subject of a temporary building permit which may be issued therefor by the Building Inspector upon the payment of a fee of fifty dollars ($50.) and the deposit with him of a proper surety company bond in the amount of one thousand dollars ($1,000.) for each building to assure to the Town Board the proper use and ultimate removal of such building in accordance with the provisions of this section.
Notwithstanding any other provision of this chapter, any automobile or other junkyard in existence at the effective date of this chapter in a residence district shall, at the expiration of two (2) years from such date, be discontinued.
[Added 5-1-1984; amended 1-20-1987]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
DUMPSTER - A large container for the storage of refuse, which container is in excess of a one-hundred gallon capacity or one-half-cubic-yard capacity, and which container is mechanically emptied or removed.
RESIDENCE DISTRICT -
A. Residence A, Residence B, Residence C or Residence D District.
B. Prohibition. The outside storage of dumpsters is prohibited in a residence district. This prohibition shall not apply to property which has a valid, existing nonconforming use, special permit or variance for use as a multifamily [three (3) or more] or nonresidential use.
C. Temporary permit. A temporary permit for the outside storage of a dumpster on property located in a residence district may be issued in the discretion of the Chief Building Inspector for a period of up to sixty (60) days. In determining whether such a temporary permit shall issue, the Chief Building Inspector shall consider:
(1) The purpose of the request.
(3) The length of time the dumpster will remain on the premises.
(4) The effect of the granting of the permit on the surrounding neighborhood.
D. Emergencies. In an emergency situation, such as a fire in a residence, a dumpster may be immediately placed in the residential district by the owner or his agent, provided that the owner of the property or his agent makes application to the Chief Building Inspector within three (3) business days thereafter.
E. Regulations. A dumpster in a residential district shall have a cover which shall cover the dumpster when it is not in active use. A dumpster which is allowed in a residential district as a result of a variance, special permit or nonconforming use status also must be surrounded on three (3) sides by a solid fence or plantings which screen the dumpster from view.
F. It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained any dumpster upon any portion of any street, lane, sidewalk, roadway or highway located within the corporate limits of the town.
G. Any dumpster left in violation of § 213-250.1F which shall unlawfully obstruct or impede traffic or remain on any street, lane, sidewalk, roadway or highway shall be deemed to have been abandoned, and such dumpster may be removed and stored in the manner set forth in Chapter 205, § 205-6.
H. Any person who shall violate this section or who shall refuse to remove any dumpster or who shall resist or obstruct the duly authorized officer, agent or employee of the town in the removal thereof shall, upon conviction, be subject to the penalties provided in § § 1-15 through 1-17 of this Code.
