No mammals, reptiles, amphibians, fish, birds or insects shall be housed, kept in captivity or bred except as herein defined:

A. Purpose. It is the purpose of this section to protect the health, safety and welfare of the inhabitants of the Town of Chili; to protect rare and endangered animal species from further extinction; and to protect animal species from possible inhumane treatment.
B. Permitted species. The following shall be permitted, provided that all such animals have been legally imported under United States law or have been bred in the United States:

(1) Dogs in all zones, in accordance with Chapter 176: Animals, Article I: Dog Control, of the Code of the Town of Chili.
(2) Household cats (Felis domestica) in all zones.
(3) Parrots, mynahs, finches and canaries in all zones.
(4) Tropical fresh- or saltwater aquarium fish, amphibians or turtles.
(5) Domesticated farm animals in all zones, provided that the lot is five acres or larger, including horses, cattle, sheep, donkeys, ducks and geese, pigs and poultry. Any building housing livestock or any noxious commodity shall not be located closer than 100 feet to any lot line in an AC or RA Zone or 200 feet to any lot line in any other zone.
(6) Small fur-bearing animals, such as mink, in all zones, provided that the lot is five acres or larger.
(7) Honeybees in all zones, provided that the lot is five acres or larger.
(8) Snakes in all zones, except poisonous snakes or snakes whose ultimate size would be over three feet in length.
(9) Ant farms in all zones, except army ants or termites.

C. Prohibited species. The following species of animals are prohibited:

(1) All species as listed by the proper enforcement agency both federal and state.
(2) All remaining animals and wildlife not listed in Subsection B.

D. Commercial animal kennels are prohibited within the Town of Chili.

Vision clearance areas shall be provided with the following triangular distances establishing the size of the vision clearance area:

A. In any residential district, the minimum distance from the edge of through travel lane shall be 30 feet measured from the intersection of the road edges or as may be directed by the Town Engineer.
B. In all other districts, the minimum distance from the edge of through-travel lane shall be 15 feet measured from the intersection of road edges or as may be directed by the Town Engineer. When the angle of intersection between streets, other than an alley, is less than 30°, the distance shall be 25 feet.
C. The vision clearance area shall contain no plantings, fences, walls, structures or temporary or permanent obstructions exceeding four feet in height measured from the top of the street pavement, except that street trees exceeding this height may be located in this area, provided that all branches and foliage are removed to a height of eight feet above the grade.
D. In all cases, vision clearance areas shall be such as to provide safe intersection sight distance as specified in the Traffic Engineer's Handbook published by the Institute of Traffic Engineers, with height of eye equaling 45 inches and height of object equaling six inches.

(1) In any front yard, provided that they do not exceed four feet in height above the elevation of the top of the curb or surface of the ground at that point. Fences installed on a patio or deck shall be measured from the floor level of that structure. Fences installed around perimeters of working farms will be allowed a six-foot-high fence in the front setback area.
(2) In any rear or side yard, provided that they do not exceed six feet in height above the surface of the ground at that point. Fences installed on a patio or deck shall be measured from the floor level of that structure.
(3) On a corner lot, no fence, wall, hedge or screen planting over four feet in height shall be constructed within the yards adjacent to the streets.
(4) Fences, walls, hedges or screen plantings may be required in the Residential Preservation Overlay District, multifamily, business or industrial districts by the Planning Board, such as is necessary to protect the residential quality of adjacent property in any residential district.
(5) No fence shall be constructed of barbed wire or be electrified unless said fence is on a farm.
(6) Snow fences are permitted for the period from November 1 until April 15 of the following year but are prohibited from April 16 until October 31. Snow fences shall not be placed within a public right-of-way. Snow fences shall conform with the other requirements of this section. However, any snow fence erected or maintained by a governmental body shall be exempt from the provisions of this section.

B. A permit is required for all fences erected in a commercial or industrial district, with a fee as set by Town Board resolution.
C. For purposes of this section, a "fence" is defined as a brick or stone wall and a hedge located outside of the area bounded by the front building foundation line and the side and rear setback requirements. The face side of any fence erected in any district shall face the nearest abutting property, and all posts shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side (see § 500-101: Definitions).

All lots with less than the required frontage, typically with the shape of a flag, shall be subject to the following requirements:

(1) The creation or development of any flag lot shall be subject to approval by the Planning Board either as part of the subdivision review process or by means of site plan review.
(2) The applicant shall document to the satisfaction of the Planning Board that no more conventional approach to the drawing of lot lines is feasible, taking into account geographic conditions, development constraints and the general character of the area, and that sufficient construction and/or site development measures can be utilized to protect the privacy of adjacent residential properties.
(3) The minimum area of the interior portion of the lot, exclusive of the accessway, shall be no less than the minimum lot area for the district in which the lot is located. The interior portion of the lot, exclusive of the accessway, shall be subject to all dimensional requirements otherwise applicable in the district. The minimum width of the accessway shall be 40 feet, which shall be uniformly maintained for the length of the accessway.
(4) Each flag lot shall have its own separate access to a public way. No more than two accessways serving two flag lots shall intersect a public way at any point. No such intersection of two accessways with a public way shall be closer to another intersection with an accessway to a flag lot than 400 feet.
(5) Drainage improvements as deemed necessary by the Planning Board shall be made to provide for the stability of the accessway, to minimize erosion and any other adverse effects of the movement of stormwater on adjoining properties as well as the public way.
(6) No structures of any type shall be erected on the accessway, except as may be required by the Planning Board pursuant to Subsection (5) above.
(7) All accessways shall be designed and constructed to provide adequate access for fire and other emergency vehicles and equipment.
(8) The Planning Board shall require the siting of any structures on the interior lot in such a manner as will maximize the privacy of adjacent properties and shall require such buffers, plantings, screenings, or berms, or combinations thereof, as shall be deemed necessary to protect such privacy.

Frontage. Every lot shall abut a street, other than an alley, for at least 40 feet, subject to the exceptions under Subsection K, Flag lots, of this section.

Minimum grades. Front yards of houses or other structures shall be graded with a minimum 2% slope (1/4 inch per foot) up from the edge of any road or drainage facility. Side and rear yards shall be graded with a minimum slope of 2% away from any structure for a minimum distance of 10 feet. Any change in the above requirements must be such as to ensure positive drainage and be approved by the Town Engineer.

Maintenance of minimum requirements. No lot area, yard, other open space or off-street parking area existing on or after the effective date of this chapter shall be reduced below the minimum required for it by this chapter.

Dual use of required open space. No lot area, yard or other open space or off-street parking area which is required by this chapter for one use shall be constructed as a required lot area, yard, other open space or off-street parking area for another use except for such areas approved for Planned Institutional Development (PID) District use and shown as part of an institution's master plan in accordance with the procedures set forth in § 500-24: PID Planned Institutional Development District.

Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may be permitted in any district during the period that construction work is in progress and a valid building permit is in effect. Such temporary facilities, equipment and materials shall be removed upon completion of the construction work or the expiration of the building permit. The storage of such temporary facilities, equipment and materials beyond the completion date of the project or expiration of the building permit shall require authorization by the Zoning Board of Appeals.

Objectionable conditions. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits are taken.

(1) No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(2) Objectionable noise as determined by the Planning Board which is due to volume, frequency or heat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(3) No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(4) No pollution of air by fly ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property or which can cause excessive soiling.
(5) No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.
(6) No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(7) Water pollution shall be subject to the requirements and regulations established by the State of New York.

Historic preservation. Historic preservation shall be regulated by Chapter 304: Historic Preservation, of the Code of the Town of Chili.

One driveway cut will be allowed for each lot containing a dwelling. Upon approval of the Superintendent of Highways/Commissioner of Public Works, a second residential driveway cut may be allowed on dedicated Town roads.

Prohibited uses. Off-road outdoor motor vehicle schools and/or training facilities in any residential district.

Continuation authorized.
Subject to the provisions of this article, a nonconforming structure or use may be continued and maintained in reasonable repair but may not be altered or extended, except that the extension of a nonconforming use at the time this chapter is adopted shall be permissible, and except that a structure conforming with respect to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not deviate further from the standards of this chapter. If a preexisting use or structure is legal and nonconforming or was conforming under the previous ordinance but becomes nonconforming through the adoption of this chapter, then it shall become a legal nonconforming use or structure and subject to the provisions of this chapter. If a use or structure was illegal under the provisions of the previous ordinance, then it shall remain illegal or nonconforming only as it pertains to the provisions of this chapter.

Discontinuance.
If a nonconforming use involving a structure is discontinued for a period of six months, further use of the property shall conform to this chapter. If a nonconforming use not involving a structure is discontinued for a period of three months, further use of the property shall conform to this chapter.

Change of use.
If a nonconforming use is replaced by another use, the new use shall conform to this chapter.

Destruction.
If a nonconforming structure or a structure containing a nonconforming use is destroyed or razed, as determined by the Assessor or Director of Planning, head of the Building Department, or similar officer or designee or Code Enforcement Officer, to an extent exceeding 75% of its fair market value as indicated on the latest assessment records of the Town of Chili, the future structure or use on the site shall conform to this chapter.

Completion of structures under construction.
Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been issued and construction work has commenced prior to the adoption of this chapter, provided that the building, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the time the building permit is issued.

Purpose of sign regulations.
The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation. It is further the purpose to distinguish between free speech and commercial speech signage, ensure the protection of property values, the character of the various neighborhoods, to create a convenient, attractive and harmonious community, to compliment the Comprehensive Plan, to provide for free speech and ensure the safety and welfare or pedestrians and vehicular traffic. It is also the purpose of this section to provide equitable methods of business identification and in support of (to sustain) economic development.

Intent of sign regulations.
It is the intent of these regulations to require that all signs shall be legible, attractive and compatible with the sign's surroundings. The appearance, character and quality of the community is affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their information clearly and simply to enhance their surroundings.

Compliance with sign regulations.

A. Sign classifications purpose. All signs within the Town shall be classified as either commercial speech or noncommercial speech signs based upon their purpose.
B. Building Code. All signs shall comply with applicable regulations of the New York State Uniform Fire Prevention and Building Code regarding construction, erection and electrical needs. No permanent sign shall be erected or placed on a site until a sign permit has been issued by the Director of Planning, head of the Building Department, or similar officer or designee, unless otherwise indicated herein.
C. Preexisting signs. Signs erected or maintained prior to the effective date of these regulations, and not complying with these regulations, which are legally nonconforming according to the definition of same in § 500-101, or for which a permit has previously been issued, are nonconforming uses and/or structures and are subject to Article VIII, Nonconforming Uses, of this chapter. It is the intention of these regulations that such signs shall be permitted to continue until such time as they are substantially altered or replaced.

Sign standards.

A. The following sign standards shall apply to all types of signs erected, altered, relocated or maintained within the Town of Chili.

(1) Architectural harmony. Commercial speech signs and their supporting structure shall be in harmony architecturally with both the surrounding structures and signs.
(2) Changeable-copy signs. Changeable-copy signs (commonly known as "bulletin boards"), not exceeding 40 square feet in area, for any government, religious or charitable organization located within the Town shall be allowed when such signs are in conformance with all other restrictions for the zone district. All changeable-copy signs require a sign permit. Changeable-copy signs are not permitted to be used by commercial enterprises.
(3) No permanent or temporary sign shall be erected or placed in such a manner as to confuse or obstruct the view of any traffic sign, signal, or device.
(4) All illuminated signs shall employ only a light of constant intensity and no sign shall be illuminated by or contain a flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device, such as a ground spotlight, be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or create a public nuisance.
(5) All illuminated signs or lighting devices for signs shall be placed or directed so as to be localized and unobtrusive and shall be turned off at the later of 11:00 p.m. or the close of business.
(6) Lighting angle. If exterior sign lighting is provided, it shall be arranged to reflect away from the surrounding property and away from public ways. No lighting of any sign shall cause glare to extend on to any public right-of-way or adjacent property.
(7) Lighting intensity. The intensity of the light source shall not exceed that necessary to illuminate and make legible a sign from the public ways. Signs constituting a traffic hazard are prohibited.
(8) Maintenance. Maintenance of a conforming sign or a legally nonconforming sign shall not be considered an erection or alteration so long as a structural change is not made.
(9) The use of spinners, streamers or moving, flashing, glittering, reflective, or rotating signs is not permitted.
(10) The use of A-frame signs is prohibited with the exception of temporary open-house signs.
(11) Any sign or billboard directing attention to a business or products sold elsewhere than on the same lot shall be permitted, provided that said sign or billboard does not exceed 32 square feet in area, does not exceed five feet in height, and is not illuminated.
(12) No sign shall be installed, erected, or attached in any form, shape, or manner to a fire escape or to any door or window providing access to any fire escape.
(13) No wall sign shall extend beyond the extremities of the wall to which it is attached.
(14) All signs shall be limited to a maximum of four colors. A color illustration of the sign shall be presented to the Town to determine its appropriateness at the time of application for a sign permit.
(15) No permanent or temporary sign shall be erected or placed at or near the intersection of any streets, except in compliance with the requirements of § 500-55: Clear vision areas, or in any ease in such a manner as to cause a traffic hazard.

(1) Residential districts. Unless otherwise specified in this chapter, permitted nonresidential and legal nonconforming nonresidential uses may display no more than one sign, of no more than 16 square feet in area, secured directly to a face of the building. Freestanding signs shall not be permitted.
(2) Nonresidential districts:

(a) Wall signs. Unless otherwise specified in this chapter, commercial, industrial and other nonresidential establishments shall be permitted one sign, of no more than 100 square feet in area, or 1 1/2 square feet for each linear foot of building frontage facing toward a public street, whichever is less, secured directly to a face of the building. In the event that a building is on a corner or otherwise faces more than one public street, a second sign, of no more than 1/2 of the size of the first, shall be permitted.

(3) Calculation of sign area. Sign area shall be calculated according to the area within the shortest lines that can be drawn forming a rectangle around the outside perimeter of a sign, including all decorations, lights or other design elements, but excluding any supports not used for advertising purposes. If a sign has more than one face, all faces shall be counted in calculating the area.

C. Public safety signage required in all districts. Every principal building or structure shall have street address identification numbers displayed in compliance with the requirements of Chapter 195: Buildings, Numbering of, of the Code of the Town of Chili. Street address identification numbers are exempt from these sign regulations when placed in compliance with these standards.
D. Monument signs. Monument signs are a type of freestanding sign and are typically used where building setbacks, orientation or design make it difficult to provide other types of signage, such as wall signs, that are plainly visible to people that are trying to identify a use. Monument signs usually have a solid base that the sign face is installed upon. They may also be suspended between two posts as is typical for professional offices. These signs shall be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site. They are typically oriented perpendicular to the adjacent street and sidewalk and have a maximum of two parallel sign faces. Monument signs shall be landscaped to enhance their appearance. They shall comply with the following additional standards:

(1) Prohibited: Monument signs are prohibited in residential districts.
(2) Permitted: Monument signs are permitted in nonresidential districts.
(3) Number permitted: One monument sign is permitted per lot. However, where two or more parcels are part of a common plan of development (e.g., shopping center, industrial park, office park), then the lot owners shall share one monument sign.
(4) Dimensional requirements. Dimensional requirements shall be as follows:
(a) Front yard: a minimum setback of 15 feet.
(b) Height: a maximum of five feet.
(c) Area: a maximum of 16 square feet per side of sign or 32 square feet in total combined surface area for a two-sided sign.
(5) Lighting: Monument signs shall be externally lit with the use of shielded fixtures mounted directly above or below the sign area which direct light at the immediate sign surface, such as with gooseneck lamps. Internally illuminated sign cabinets are prohibited.
(6) Street numbers: All monument signs shall display the street number(s) for the lots to which they relate.
(7) Additional application requirements: In addition to the requirements of § 500-49: Sign permit applications, no application for a monument sign shall be deemed complete until it has first been referred to the Architectural Advisory Committee for its review and report. Upon referral, said Committee shall have up to 60 days to offer a report to the Director of Planning, the head of the Building Department or a similar officer or designee. The Committee shall report whether or not it finds that the proposed sign meets the standards of this section and Chapter 12: Architectural Advisory Committee, of the Code. The Committee may also impose conditions of its approval in furtherance of those standards. The applicant may appeal the Committee's decision to the Zoning Board of Appeals within 30 days. In the absence of a successful appeal, a negative finding shall result in the denial of the application. If the Committee makes a positive finding, then the Director of Planning, the head of the Building Department or a similar officer or designee may continue its review of the application pursuant to § 500-49: Sign permit applications. and subject to the conditions of the Committee's approval.

Removal of signs.

A. The owner of any sign that no longer serves a purpose for which a permit was issued or is otherwise in violation of the provisions hereof shall be notified, in writing, by the Director of Planning, head of the Building Department, or similar officer or designee, to either:

(1) Remove the sign within 30 days of such notice; or
(2) Otherwise correct the specified unsatisfactory condition in the manner stated by the Director of Planning, head of the Building Department, or similar officer or designee.

B. If the aforementioned notice is not appealed within 30 days of the date of the written notice, the notice automatically becomes an order and shall be enforced in accordance with the provisions of this chapter.
C. Signs causing immediate peril. The Director of Planning, head of the Building Department, or similar officer or designee, upon written notice, may require any sign to be removed which is a source of immediate peril to persons or property. Failure to comply will serve as an authorization to the Director of Planning, head of the Building Department, or similar officer or designee to remove or cause removal of such sign, with all costs and expenses charged to the owner.
D. Signs that are not required to obtain a permit that are in violation of the provisions hereof are subject to removal by the Director of Planning, head of the Building Department, or similar officer or designee.

Sign maintenance.
All signs in the Town of Chili shall be properly maintained at all times. The Director of Planning, head of the Building Department, or similar officer or designee shall have the authority to order the painting, repair or removal of a sign and accompanying landscaping which constitutes a hazard to safety, health or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Notification shall be by certified mail. If the maintenance notice is not complied with within 15 days, it shall become an order to abate the sign or perform the maintenance or repair specified therein.