A.
Notwithstanding any other provisions of this chapter,
in all districts the following uses are not permitted:
(1)
Junkyards and machinery wrecking yards; bulk storage
of butane, propane or gasoline; open storage of goods, unless fenced;
and unenclosed manufacturing or processing of goods or materials.
(2)
Smelter; blast furnaces; slaughterhouses; rendering
plants; hide-tanning or curing plants; manufacture or processing of
fertilizer, bone, rubber, asphalt, ammonia or chlorine; manufacture
or refining of gasoline, gas or explosives; bulk storage of explosives;
and dumps.
(3)
All uses which emit noise in excess of 60 decibels
measured at any lot line. Sound levels shall be measured on the A-weighting
network of a sound-level meter meeting the requirements of USA Standard
S1.4-1961 for General Purpose Sound-Level Meters, or the latest revision,
published by the United States of America Standards Institute, New
York, New York, using the slow meter response (the meter shall be
calibrated and used according to the manufacturer's instructions);
all uses which emit any odor which is considered offensive measured
at any lot line; all uses which emit any smoke in excess of Ringlemann
Chart No. 2, measured at any lot line; all uses which emit any noxious
gases which endanger the health, comfort, safety or welfare of any
person or which have a tendency to cause injury or damage to property,
business or vegetation; all uses which cause, as a result of normal
operations, a vibration which creates displacement of 0.0003 of one
inch, measured at any lot line; all uses, lighting or signs which
create glare which could impair the vision of a driver of any motor
vehicle; and all uses which could cause a fire, explosion or safety
hazard.
(4)
Any uses from which harmful wastes are discharged
into the public sewer system, streams, rivers or other bodies of water.
Effluent disposal shall comply with local and state health standards.
B.
Otherwise prohibited uses may be permitted if approved by the Village Board, subject to the securing of a special use permit in accordance with § 99-27 of this chapter and to such conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, morals or the general welfare of the community.
D.
In Commercial Districts, the following uses are not
permitted:
(1)
Outdoor storage or outdoor display of merchandise.
A.
Building height.
(1)
The building height limitation of this chapter shall
not apply to church spires, belfries, cupolas, chimneys, ventilators,
skylights, water tanks, bulkheads, similar features and necessary
mechanical appurtenances usually carried above the roof level. Such
features shall be erected only to such height as is necessary to accomplish
the purpose they are to serve and shall not exceed in horizontal projected
cross-sectional area 20% of the ground floor area of the building.
(2)
The provisions of this chapter shall not prevent the
creation above the building height limit of a parapet wall or cornice
for ornament, and without windows, extending above such height limit
not more than five feet.
B.
Area.
(1)
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than that prescribed
in the regulations for the district in which said lot is located.
(2)
Visibility and sight distance. No fence, wall, hedge
or sign shall be erected, placed or maintained between the street
lot line and the surfaced portion of the public street right-of-way.
C.
Yards.
(1)
Terraces. A paved terrace shall not be considered
in the determination of yard size or lot coverage, if such terrace
is unroofed and without walls, parapets or other form of enclosure.
Such terrace may have an open guardrailing not over three feet high
and shall not project into any yard to a point closer than four feet
from any lot line.
(2)
Porches. Any open or enclosed porch shall be considered
a part of the building in the determination of the size of yard or
lot coverage.
(3)
Projecting architectural features. The space in any
required yard shall be open and unobstructed except for the ordinary
projection of window sills, belt courses, cornices, eaves and other
architectural features. Such features shall not project more than
two feet into any required yard.
(4)
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet.
The sum of such projections on any wall may not exceed 1/3 the length
of said wall.
(5)
Fire escapes. Open fire escapes may not extend into
any required yard more than four feet six inches.
(6)
Reduction in rear yards. When a lot is less than 100
feet deep at the time of the passage of this chapter, such rear yard
may be decreased 1/4 of the distance that the lot depth is less than
said 100 feet.
(7)
Front yard depth. In an established residential district,
a dwelling hereafter erected shall have a front yard equal in depth
to the average depth of the front yards of the lots immediately adjacent
thereto on either side.
D.
Topsoil removal, No person shall strip, excavate or
otherwise remove topsoil, gravel or stone for sale or for use other
than on the premises from which it is taken, except in connection
with the construction or alteration of a building on such premises
and excavation or grading incidental thereto.
E.
Transition regulations.
(1)
Lots in two districts. Where a zoning district boundary
line divides a lot at the time such line is adopted, the regulations
for the less-restricted portion of such lot shall extend not more
than 30 feet into the more-restricted portion, provided that the lot
has frontage on a street in the less-restricted district.
(2)
Where a residential district is bounded by a portion
of a commercial district or industrial district, any side street extending
through such residential district into such commercial district or
industrial district shall not be used for any business purpose, except
as herein set forth. The business structure erected in said commercial
district or industrial district shall face and open upon the street
set aside as a part of such commercial or industrial district, and
an entrance may be made at the corner of such business and residential
streets, and all other entrances for general public use shall face
on the business street.
(3)
Front yard transition. Where frontage on one side
of a street between two intersecting streets is zoned partly as residential
and partly as commercial or industrial, the front yard depth in the
commercial or industrial district shall be equal to the required front
yard depth of the residential district.
(4)
Corner lot transition. On every corner lot in a residential
district, there shall be provided on the side street a side yard equal
in depth to the required front yard depth on said side street.
F.
Drainage.
(1)
Grades of lots shall have a positive slope of not
less than 2% nor greater than 12% from the paved road line to ground
level at the front building wall, and the grade of the driveway shall
not be greater than 5% measured from the paved road line.
(2)
Drainage from yards, sidewalks and roadways shall
not be permitted to flow over sidewalks.
(3)
Where subsurface drainage is required, it must be
shown on plans.
(4)
Surface water originating on any property must be
controlled so that it does not erode adjacent properties or leave
standing water.
(5)
Adverse seepage from higher areas must be controlled.
G.
Swimming pools. All swimming pools shall comply with
the following provisions:
(1)
Every swimming pool shall be completely surrounded
by a wall, fence or other substantial structure in conformance with
the applicable provisions of the New York State Fire Prevention and
Building Code.
[Amended 6-12-2001 by L.L. No. 3-2001]
(2)
Lighting. No lighting shall be permitted in, on or
about a swimming pool, except such lighting that shall shine into
or upon the pool and cast no light or reflection onto abutting properties.
(3)
Overhead wires. No overhead electric lines shall be
maintained within 20 feet of the nearest portion of a pool or appurtenances.
(4)
Disposal of wastewater. Wastewater shall not be discharged
into any public sanitary sewer in the Village. Wastewater shall be
prevented from flowing over or into the land of any adjoining property
owner or over or into abutting streets.
(5)
Existing pools. Existing pools shall be made to conform to provisions of this section. Failure to bring existing swimming pools into conformance with all provisions of this chapter within 120 days after written notice by the Codes Enforcement Officer or other appropriate Village official shall constitute a violation of this chapter and shall make the owner or lessee liable for penalties in accordance with § 99-34 of this chapter.
[Amended 9-14-1999 by L.L. No. 2-1999]
(6)
Abandonment. Any swimming pool located on property
wherein the dwelling is not occupied shall be properly protected to
prevent injury to persons.
A.
All plans submitted in connection with applications
for subdivisions, site development plans or special permits shall
include provisions for adequate and appropriate landscaping.
B.
Where any land use in a nonresidential district abuts
land in any residential district or where any nonresidential land
use in a residential district abuts any land use in a residential
district, a strip of land at least 20 feet in width in the front yard,
side yards and rear yard which adjoins these areas shall be landscaped
and maintained by the owner of the nonresidential-use property.
C.
Landscaping required under this section to be installed
and maintained in front, side and rear yards may be shade trees, deciduous
shrubs, evergreens, well-kept grassed areas and ground cover. Unsatisfactory
trees which are brittle, may exude odors or whose root system extends
to sewer and water facilities or are disease-prone or poisonous plants
shall not be planted.
D.
In any district, all areas designated, used or intended
to be used as service areas for any building or land use, other than
one-family and two-family dwelling units, shall be screened from view
with either a wall, a solid fence or a fence and evergreens to a height
of at least five feet above grade level on all sides where the adjacent
land is in a residential district or residential use.
[Amended 10-25-1977 by L.L. No. 3-1977]
A.
An owner of a parcel of property on the effective
date of this chapter or his successor in title may construct a one-family
dwelling thereon, although such parcel does not meet the area, depth
or width requirements; provided, however, that said owner or successor
in title shall have no right to develop under this section in the
event that the size of said parcel of property has become substandard
due to conveyance(s) by said owner or successor in title after the
effective date of this chapter.
[Amended 3-11-1980 by L.L. No. 1-1980; 8-24-1982 by L.L. No.
4-1982; 11-22-1983 by L.L. No. 1-1983]
A.
General regulations. The regulations contained in
this section shall apply to all signs in all use districts in the
Village. No sign shall be erected, maintained or altered in any district
except in conformity with the provisions of this section.
(1)
Any illuminated sign shall employ only lights emitting
a light of constant intensity, and no sign shall be illuminated by
or contain flashing, intermittent, rotating or moving light or lights.
In no event shall an illuminated sign be so placed or directed as
to permit the beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises so as
to cause glare or reflection that may constitute a traffic hazard
or nuisance. Strings of lights shall not be used for advertising,
outlining buildings or features of buildings, or otherwise attracting
attention, except that holiday lights shall be permitted in season.
(2)
Exposed neon tubing in all exterior signage is not
permitted.
[Amended 9-14-1999 by L.L. No. 2-1999]
(3)
No sign shall be erected or maintained on the face
of a building so that any portion shall extend above the base of the
roofline or above the first story of a multistory building, and in
no case shall any such sign extend more than 16 feet above ground
level measured to the top of the sign, except as hereinafter provided.
(4)
No sign shall be placed, wholly or in part, on, over
or above any roof or roof structure.
(5)
No portable or temporary sign shall be erected or
maintained in any district, except as hereinafter provided.
(6)
No sign or part thereof containing or consisting of
banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices shall be permitted.
(7)
Signs shall not be located in such a manner as to
restrict vision or impair safety.
(8)
Entrance markers, signs posted on walls, decorative
lamps or similar structures designating subdivisions are prohibited
on public or Village property.
(9)
No sign shall be erected on or project into the street
or public right-of-way, except as hereinafter provided.
(10)
No person shall post or affix any notice, poster
or other device to any building, structure or premises, except as
may be authorized or required by law.
(11)
All signs, including supporting parts, must
be constructed of durable materials and shall be maintained in good
condition and appearance. All signs shall comply with applicable provisions
of the New York State Building Construction Code.
(12)
For the purpose of this section, the term "sign"
does not include any sign erected and maintained pursuant to and in
the discharge of any lawful governmental function, or required by
any valid law, ordinance or governmental regulation.
(13)
Signs for the purpose of advertising products, services or businesses other than those actually located or available on the premises containing the business are prohibited, except those signs permitted under Subsection B(1)(b) below.
(14)
Except as hereinafter provided, no sign shall
be erected or maintained so as to cover or obscure windows, doors,
architectural features or other permanent fixtures of a building or
structure.
(15)
All permitted freestanding and projecting signs
shall be allowed to have two sides, each containing the hereinafter
allowed maximum area as defined in this section.
(16)
Notwithstanding anything to the contrary contained
in this section, no freestanding sign shall extend more than 16 feet
above ground level measured to the top of the sign.
(17)
All three-dimensional, raised lettering shall
be of the same color on the front and-sides.
[Added 9-14-1999 by L.L. No. 2-1999]
B.
Signs in all districts.
(1)
The following signs are permitted in any use district
without a sign permit:
(a)
One temporary freestanding or attached nonilluminated
sign advertising that the property upon which such sign is located
is for sale, lease or rental, which sign shall not exceed four square
feet in area. Such sign shall be removed within seven days after the
property has been sold or rented.
(b)
Two temporary freestanding signs advertising
real property for sale, each not exceeding four square feet in area,
bearing a legend such as "Open" or "Open for Inspection," at locations
other than the premises to which the signs relate, provided that such
signs shall not be placed before 7:00 a.m. nor maintained after 7:00
p.m. on the date that such premises are open for inspection.
(c)
One attached nonilluminated nameplate denoting
the name and occupation or profession of the occupant, which sign
shall not exceed two square feet in area.
(d)
One attached nonilluminated sign denoting the
name and/or address of the occupant(s) of the premises, which sign
shall not exceed one square foot in area.
(e)
One temporary attached or freestanding, nonilluminated
sign denoting the architect, engineer or contractor placed on the
premises while construction, repair or renovation is in progress,
which sign shall not exceed 12 square feet in area.[1]
[1]
Editor's Note: Former Subsection (f) regarding
signs incident to places of worship, libraries, museums or schools,
which immediately followed this subsection, was repealed 9-14-1999
by L.L. No. 2-1999.
(2)
The following signs are permitted in any use district but require a sign permit as provided in Subsection D below:
[Amended 9-14-1999 by L.L. No. 2-1999]
(a)
No more than two signs per curb cut solely for
the purpose of traffic control on private property. Such signs may
be illuminated or nonilluminated, shall not exceed 1 1/2 square
feet in area and shall be placed so as not to constitute a safety
hazard.
(b)
One sign customarily incident to places of worship,
libraries, museums or schools, which sign shall be either attached
or freestanding, illuminated by indirect light or nonilluminated and
shall not exceed 16 square feet in area and, in the case of a freestanding
sign, shall be no closer than four feet to any lot line.
C.
Signs in Commercial Districts, Commercial 1 Districts,
Commercial Districts: shopping centers, and Industrial Districts.
In Commercial Districts, Commercial 1 Districts, Commercial Districts:
shopping centers, and Industrial Districts, no signs shall be erected
or maintained except as follows:
(2)
Attached illuminated or nonilluminated signs, which signs shall require a sign permit as provided in Subsection D below. Such signs shall be erected and maintained according to the applicable subsection as follows:
[Amended 9-14-1999 by L.L. No. 2-1999]
(a)
Building containing only one business establishment:
[1]
One attached sign not exceeding one square foot
per linear foot of building facade width or 60 square feet in area,
whichever is less, subject to the following:
[a]
A horizontal sign format shall
not exceed two feet in height and no lettering or symbol on such sign
shall exceed 12 inches in height or width;
[b]
In no case shall the length of
the sign exceed 75% of the building facade width;
[c]
Vertical format signs shall not
exceed eight square feet in area; or
[2]
One projecting sign, externally illuminated
only, or nonilluminated, which shall be no more than 12 square feet
in area and project no more than three feet from the building or structure
at an angle of 90° therefrom, with a minimum clearance above the
sidewalk of eight feet. In addition, such sign shall not extend above
the first story the building to which it is attached, and in no event
more than 12 feet above ground level measured to the top of the sign.
(b)
Multiple-tenant building:
[1]
For a first-floor business establishment, one
attached sign not exceeding one square foot per linear foot of store
front width or 30 square feet in area, whichever is less, with height
and lettering or symbol size limitations the same as for a building
containing only one business establishment.
(c)
Building located on a corner lot: in addition to the signs permitted in Subsection C(2)(a) and (b) above, on e attached sign not exceeding one square foot per linear foot of the building facade width or 30 square feet in area, whichever is less, with a letter or symbol height not in excess of 12 inches and a sign height not in excess of two feet. Such additional sign may not be located on the same building facade as the primary sign.
(d)
A building entrance may have a secondary sign
no larger than four square feet. Such secondary sign shall not be
included in the total allowable square footage for attached signs
on the building. Secondary signs must be located on the building facade
at pedestrian level.
(3)
In addition to the signs permitted in Subsection C(2) above, the following signs may be erected and maintained upon issuance of a sign permit as provided in Subsection D:
[Amended 9-14-1999 by L.L. No. 2-1999]
(a)
Building containing one or more business establishment:
one freestanding, illuminated or nonilluminated sign not exceeding
12 square feet in area and being either Type 1a, Type 1b or Type 2
as follows, except that individual business i establishments in a
shopping center shall not be entitled to a freestanding sign:
[1]
Type 1a: freestanding sign with a minimum ground
clearance of two feet and a maximum height above ground level of five
feet, and set back at least four feet from any lot line or the interior
edge of a sidewalk, whichever is greater.
[2]
Type 1b: freestanding monument style sign with
a solid base no higher than two feet above ground level and protruding
no more than 12 inches on each side from the width and length of the
sign. All lettering shall be placed at least 24 inches above ground
level. Such signs shall have a maximum height above ground level of
five feet and be set back at least four feet from any lot line or
interior edge of a sidewalk, whichever is greater.
[3]
Type 2: freestanding sign permitted only in
a shopping center with a minimum ground clearance of eight feet and
a maximum height above ground level of 16 feet, and set back at least
10 feet from any lot line or the interior edge of a sidewalk, whichever
is greater. A Type 2 sign shall identify the shopping center only.
No more than one Type 2 sign per shopping center shall be allowed.
(4)
In addition to signs permitted in Subsection C(2) and (3) above, the following signs may be erected and maintained upon issuance of a sign permit as provided in Subsection D below:
(a)
One permanent window sign, provided that there
shall be no more than one such sign per window, and a maximum of two
per business establishment. The area of a permanent window sign shall
not exceed 15% of the area of the window or four square feet, whichever
is less. Window signs above the first story of a building or structure
are prohibited except for lettering identifying professional or business
offices, which shall be a maximum height of five inches maximum height
per line, with a maximum of two lines.
[Amended 9-14-1999 by L.L. No. 2-1999]
(b)
One awning sign per business establishment containing
only the name and/or address of the business establishment consisting
of a single line, of lettering or graphic display, such line not to
exceed six inches in height.
(c)
One portable nonilluminated freestanding sign
per business establishment, not to exceed 12 square feet or 42 inches
in height. Portable freestanding signs shall be consistent in form,
coloring, lettering and design with the building signage, shall be
permitted only from April 15 to October 15 except on good cause shown
and must be removed from public view when the business is closed.
Notwithstanding the foregoing, such signs shall not be permitted in
shopping centers.
(5)
Temporary signs shall be permitted without a sign
permit as follows:
[Amended 9-14-1999 by L.L. No. 2-1999]
(a)
Temporary window signs such as political posters,
banners, promotional devices and other signs of a similar nature calling
attention to civic activities, promotional sales and similar events,
provided that said signs shall not exceed 25% of the total area of
the window in which the appear. All such signs shall be removed within
seven days following the event or activity advertised.
(b)
One freestanding price sign not to exceed 12
square feet in area for each automotive service station, in which
case no window price signs shall be permitted. Such sign may not be
illuminated and must be neat and placed in a safe manner that does
not interfere with pedestrian or vehicular traffic; or one temporary
freestanding sign per business establishment during business hours
only calling attention to special promotional sales and similar events;
such sign may not exceed 12 square feet in area, may not be illuminated,
and must be neatly painted and placed in a safe manner that does not
interfere with pedestrian or vehicular traffic. Such temporary freestanding
sign may not be displayed more than seven days within a twenty-eight-day
period.
(c)
One temporary sign or banner attached to a business
establishment for up to 60 days, starting no earlier than the date
of issuance of the certificate of occupancy, if the sign is nonilluminated,
professionally produced, and does not exceed three feet by eight feet.
This temporary sign or banner may be used while the business applies
for, designs, and presents for approval its permanent signage as per
existing Village code. The Planning Board may extend this temporary
sign period for up to an additional 30 days if further design work
is needed before the Planning Board approves permanent signage.
[Added 11-12-2008 by L.L. No. 4-2008]
(6)
The following temporary signs shall be permitted upon issuance of a sign permit as provided in Subsection D below: no more than two temporary freestanding signs per applicant calling attention to a civic event, which may be erected 10 days prior to the event and must be removed the day after the event. Such signs shall conform to the current Village Planning Board specifications and may not be illuminated, and must be neatly painted and placed in a specified area in a manner that does not interfere with pedestrian or vehicular traffic.
[Amended 9-14-1999 by L.L. No. 2-1999]
(7)
Sign directories. Four or more business establishments
may apply to the Village Planning Board for approval to erect and
maintain a sign directory solely for informational or directional
purposes. Such directory may be erected and maintained by the applicant
on private land only. No such permit shall be issued except upon demonstration
by the applicant that there exists a compelling commercial necessity
for such directory so as to indicate the location of a group of business
establishments; the proposed directory will not be injurious or otherwise
detrimental to adjacent properties; and the proposed directory will
be in harmony with the character of the area and any official master
or development plan adopted by the Village. In addition, sign directories
shall comply with the following general standards:
[Amended 9-14-1999 by L.L. No. 2-1999]
(a)
Each sign directory shall be of such character,
intensity, size and location that it will be in harmony with the orderly
development of the district in which it is located. The Village Planning
Board may develop and regulate the type, size and design of the directory
which may be uniformly required throughout the Village.
(b)
Sign directories shall be freestanding, illuminated
only by indirect light or nonilluminated, and shall contain information
relating only to the identification of and direction to several business
establishments in the vicinity of the directory.
(c)
The erection and proper maintenance of a sign
directory shall be the sole responsibility of the applicant.
(8)
Notwithstanding anything to the contrary contained
in this section, internally lighted signs are not permitted, including
internally lighted individual letters, except as hereinafter provided:
[Added 9-14-1999 by L.L. No. 2-1999]
(a)
Shopping centers. Internal lighting is permitted
in:
[1]
Attached signs of individual letters on a raceway
or in a box sign with only the letters or logos luminous against an
opaque surround.
[2]
A Type 2 sign in accordance with § 99-25C(3)(a)[3] with only the letters and logos luminous against an opaque surround.
(b)
Commercial and Commercial 1 Districts. Internal lighting is permitted in a Type 1a sign and Type 1b sign in accordance with § 99-25C(3)(a)[1] and [2] with only the letters and logos luminous against an opaque surround.
(c)
Attached signs on buildings not in a shopping
center can only be externally illuminated.
E.
Fees. A fee as set, from time to time, by resolution
of the Village Board shall be required for each sign requiring a permit
under this section. The fee must be paid when an application is submitted.
[Amended 5-14-2019 by L.L. No. 1-2019]
F.
Application for sign permit. Application for a sign permit set forth in Subsection D above shall be made in writing upon forms provided by the Codes Enforcement Officer and submitted to the Village Clerk along with the appropriate fee as set forth in Subsection E above. The Village Clerk may in his or her discretion reject an application if it does not appear to be complete.
[Amended 9-14-1999 by L.L. No. 2-1999; 9-9-2014 by L.L. No. 4-2014]
G.
Issuance of permit. It shall be the duty of the Codes
Enforcement Officer upon the filing of an application for a permit
to erect or alter a sign, to examine such plans, specifications and
other data submitted and, if necessary, the building, structure or
premises upon which it is proposed to erect the sign. In examining
such plans, etc., the Codes Enforcement Officer shall consider all
applicable codes, rules and regulations, including the Village's Commercial
District Design Guidelines. If it shall appear that the proposed sign
is in conformity with all the applicable requirements, the Codes Enforcement
Officer shall, within 10 working days from the date of filing of the
application, issue a permit for the erection of the proposed sign.
If the sign authorized under any such permit has not been completed
with six months from the date of the issuance of such permit, the
permit shall expire.
[Amended 9-14-1999 by L.L. No. 2-1999; 9-9-2014 by L.L. No. 4-2014]
H.
Revocation of permit.
(1)
No sign shall hereafter be erected or altered, except
in conformity with the provisions of this section. However, notwithstanding
any provisions contained herein, the sign must be kept clean, neatly
painted and free from all hazards, such as, but not limited to, faulty
wiring or loose fastenings, and must be maintained at all times in
such safe condition so as not to be detrimental to the public health
or safety.
(2)
In the event of a violation of any of the foregoing
provisions, the Codes Enforcement Officer shall give written notice,
specifying the violation, to the owner of the sign if known and the
owner of the land upon which the sign is erected as it appears from
the latest assessment rolls, to conform or remove such sign. The sign
shall thereupon be conformed within 15 days from the date of said
notice. In the event that such sign shall not be so conformed within
15 days, the Codes Enforcement Officer shall thereupon revoke the
permit, and such sign shall be removed.
I.
Any sign projecting into the public right-of-way shall
require a bond and/or insurance policy for the protection of the Village
in such amounts deemed to be sufficient by the Village Board at the
time of application.
J.
Removal of certain signs.
[Amended 9-14-1999 by L.L. No. 2-1999]
(1)
Any sign existing on or, after the effective date
of this section which no longer advertises an existing business conducted
or product sold on the premises shall be removed by the owner of the
premises upon which such sign is located after written notice as provided
herein. The Codes Enforcement Officer, upon determining that any such
sign exists, shall notify the owner of the premises in writing to
remove said sign within 15 days from the date of such notice. Upon
failure to comply with such notice within the prescribed time, the
Codes Enforcement Officer is hereby authorized to remove or cause
removal of such sign and shall assess all costs and expenses incurred
in said removal against the land or building on which such sign was
located.
(2)
If the Codes Enforcement Officer shall find that any
sign regulated by this section is unsafe or is a menace to the public,
he shall give written notice to the owner of the sign if known and
the owner of the land upon which the sign is erected as it appears
from the latest assessment rolls, who shall remove or repair said
sign within 15 days from the date of said notice. If said sign is
not removed or repaired, the Codes Enforcement Officer shall revoke
the permit issued for such sign, if any, as herein provided, and may
remove or repair said sign and shall assess all costs and expenses
incurred in said removal or repair against the land or building on
which such sign was located.
(3)
The Codes Enforcement Officer may cause any sign which
is a source of immediate peril to persons or property to be removed
summarily and without notice.
K.
Nonconforming signs. The lawful use of any sign existing
at the effective date of this section may be continued although such
sign does not conform to the provisions of this section; provided,
however, that any alteration to such sign after the effective date
of this section shall be in conformance with the law in effect at
the time of such proposed alteration. A nonconforming sign may be
temporarily removed for repainting, repair or other normal maintenance
purposes if restored within two months with no changes made to the
sign. Such restoration shall not be permitted if this period of time
is exceeded. However, all portable freestanding and window signage
must be brought into compliance within one year from the effective
date of this provision.
[Amended 9-14-1999 by L.L. No. 2-1999]
L.
Signs in residential districts. In residential districts,
no signs shall be erected or maintained except as follows:
[Added 1-26-1988 by L.L. No. 1-1988]
(2)
Attached illuminated or nonilluminated signs for multiple-dwelling development sites, which signs shall require a sign permit as provided in Subsection D above. One such sign shall be permitted for each multiple dwelling development site according to the same requirements set forth in Subsection C(2)(a) above, except that an attached sign shall not exceed 32 square feet in area. In addition to the signs permitted above in this Subsection L, one freestanding sign shall be permitted for each multiple-dwelling development site according to the same requirements set forth in Subsection C(3)(a) above, except that such freestanding sign may not exceed 32 square feet in area.
M.
General sign design guidelines. All signs shall conform
to the provisions of the Village Commercial District Design Guidelines
pertaining to signs and, in particular, to the following guidelines
as interpreted, determined and applied by the Village Planning Board:
[Added 9-14-1999 by L.L. No. 2-1999]
(1)
The purpose of signage is business identification.
Signs are not intended to advertise the business, or to list specific
products or services. Advertising and marketing should be accomplished
utilizing other media. Logos or characters may be included if appropriate
to the business name but may not occupy more than 15% of the total
sign.
(2)
Signs should help define or enhance particular building
elements; they should not cover, obscure, overwhelm or obliterate
them.
(3)
Signs should be consolidated to fit into the appropriate
available spaces on a building. Such consideration may restrict the
number or size of signs to less than that otherwise permitted.
(4)
Lettering that is too bold, too harsh in its simplicity
or otherwise inconsistent with the Commercial District Design Guidelines
may not be approved.
(5)
The use of subdued colors is encouraged. Colors on
signs should be limited and compatible with the building colors. A
darker background with lighter lettering and graphics is encouraged
as a traditional presentation.
(6)
The use of natural materials such as wood or metal
is encouraged. Man-made materials (for example: fiberglass reinforced
plastics or high density molded urethane) replicating wood and maintaining
historic proportions and detailing will be considered on a case by
case basis.
(7)
Applicants are referred to the Village sign pictorial
for examples of appropriate signs.
N.
Variances; Appeals.
[Added 9-14-1999 by L.L. No. 2-1999;
amended 9-9-2014 by L.L. No. 4-2014]
(1)
Planning Board. When a request is made which exceeds the legal limits
of this section or otherwise requires a variance, it shall be referred
to the Planning Board for review and recommendation for action by
the Zoning Board of Appeals.
(2)
Any person aggrieved by a decision of the Zoning Board of Appeals
may bring a special proceeding to review that decision under Article
78 of the New York Civil Practice Law and Rules. Any such special
proceeding must be commenced within 30 days after the date of the
filing of that decision in the office of the Zoning Board of Appeals.
(3)
Any person aggrieved by an order, requirement, decision, determination or interpretation by the Codes Enforcement Officer may file an application for review of that action by the Codes Enforcement Officer with the Village Board of Appeals, in accordance with § 99-32 of the Village Code.
(4)
Any person aggrieved by a decision of the Village
Planning Board may bring a special proceeding to review that decision
under Article 78 of the New York Civil Practice Law and Rules. Any
such special proceeding must be commenced within thirty days after
the date of the filing of that decision in the office of the Village
Planning Board.
A.
General.
(1)
Permanent off-street parking spaces shall be provided
and satisfactorily maintained by the owner of the property for each
building which, after the date when this chapter becomes effective,
is erected, enlarged, altered or changed for use for any purpose.
(2)
Such parking space shall be required open space associated
with the permitted use and shall not be reduced or encroached upon
in any manner.
(3)
All parking spaces shall be on the same lot as the
principal building, except that with the approval of the Planning
Board, parking spaces may be provided by the applicant on other nearby
property, provided that such property lies within a reasonable walking
distance of an entrance to the principal building, as determined by
the Planning Board. Such space shall not thereafter be reduced or
encroached upon in any manner.
[Amended 1-13-1998 by L.L. No. 3-1998]
(4)
Parking space and loading space maintained in connection
with an existing and continuing principal building, structure or land
use on the effective date of this chapter shall be continued and may
not be counted as serving a new building, structure, addition or land
use.
(5)
Parking spaces for any number of separate uses may
be combined in one parking lot, but the required space assigned to
one use may not be assigned to another at the same time, except for
churches, theaters or assembly halls.
(6)
No required front yard or part thereof in any residential
district shall be used to provide parking space; provided, however,
that in the case of one- or two-family dwellings, passenger automobiles
owned by occupants of dwelling structures intended to be served or
visitors, guests or employees of the occupants may be parked in the
driveway. Under no circumstances shall off-street parking facilities
developed in any residential district be regularly used for the parking
of commercial vehicles.
(7)
Where any nonresidential district or use abuts a residential
district or use, the parking must be no closer than 15 feet to the
property line.
(8)
Parking area dimensions shall provide adequate access/egress
to the site. Adequate buffers, such as green spaces, plantings and
attractive fences, shall be provided. The design of the parking area
and buffers shall conform to Commercial District Design Guidelines.[1]
[Added 1-13-1998 by L.L. No. 3-1998]
[1]
Editor's Note: The Commercial District Design
Guidelines are on file in the office of the Code Enforcement Officer.
B.
Off-street parking space requirements. For every building
hereafter erected, altered, extended or changed in use, there shall
be provided parking spaces in numbers at least as set forth below:
(1)
Residential uses.
(a)
One-family and two-family dwelling units: two parking spaces for every dwelling unit; multiple-family dwelling units: See § 99-27D(5)(a)[1] below.
(b)
Home occupations: one parking space, plus one
additional parking space for every 200 square feet of space used in
connection with said home occupation.
(2)
Hotel, motel, tourist home and boardinghouse: one
parking space for every guest room.
(3)
Nursing home, hospital and home for the well aged:
one parking space for every two beds.
(4)
Places of public assembly. Every structure used as
a theater, amusement facility, auditorium, community center, club,
school stadium, library, museum, church, lodge hall or other place
of public or private assembly which provides facilities for seating
people: one parking space for every five seats. Where there are no
seats provided in the place of assembly: one parking space shall be
provided for every 150 square feet of floor area.
(5)
Business, professional and medical offices: one parking
space for every 300 square feet of floor area.
[Amended 1-13-1998 by L.L. No. 3-1998]
(6)
Commercial, and unspecified uses: one parking space
for every 250 square feet of floor area.
[Amended 6-27-1989 by L.L. No. 3-1989; 1-13-1998 by L.L. No.
3-1998]
(7)
Restaurant, eating and drinking establishments: one
parking space for every 150 square feet of floor area.
(8)
Industrial, wholesale, warehouse, storage, freight
and trucking uses: one parking space for every motor vehicle used
directly in the business, plus one parking space for each 300 square
feet of floor area, exclusive of warehouse area; one parking space
for each 900 square feet of warehouse floor area.
C.
Off-street loading space requirements. On the same
premises with every building or structure or part thereof hereafter
erected, enlarged, altered and occupied for the purpose of business,
trade or industry, there shall be provided and maintained adequate
space for loading and unloading of vehicles off the street or alley.
Off-street loading and unloading space shall not be used or designed,
intended or constructed to be used in a manner to obstruct or interfere
with the free use of any street, alley or adjoining property.
