[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
The Planning Board, at a regular public meeting of the Board, shall
review and approve, or approve with modifications, all permitted uses
listed as requiring site plan approval before a zoning permit is issued.
B.
Where appropriate the Zoning Enforcement Officer will forward a General
Municipal Law § 239-1m referral and review form to the County
Planning Board. The Zoning Enforcement Officer will verify the site
plan application is complete and then it will be presented by the
applicant or his or her agent, to the Planning Board at a regular
meeting for its review. Name change or a change of owner does not
require a new site plan approval, if there is no change in the business
and it is a like or similar business or uses.
C.
A sketch plan conference shall be held between the Village staff
and the applicant prior to the preparation and submission of a formal
site plan. The intent of such a conference is to enable the applicant
to inform the Planning Board of their proposal prior to the preparation
of a detailed site plan and for the Planning Board to review and provide
preliminary feedback on the basic site plan design concept, advise
the applicant as to the community planning and development goals,
concerns, and to generally determine the information to be required
on the site plan. In order to accomplish these objectives, the applicant
shall provide the following:
(1)
A statement and rough sketch showing the locations and the dimensions
of principal and accessory structures, parking areas, contours, utility
easements, traffic circulations, storm drainage system, and other
planned features.
(2)
An area map showing the parcel under consideration for site plan
review, and the adjacent properties, streets or rights-of way.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
A.
An application for a site plan will include names of contractors
and other pertinent data and shall be accompanied by three sets of
preliminary plans. The plans shall include a scaled drawing, preferably
by an architect or surveyor, setting out the location of structures,
driveways, parking lots and other permanent fixtures. Any proposed
structural changes should also be set forth on the plans so indicated.
The plans should also set forth the specific use to which the premises
shall be applied. The plans shall include the following information:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road width, pavement surfaces, dividers and
traffic controls.
(3)
Traffic circulation, parking and loading spaces, and pedestrian walks
and/or sidewalks.
(4)
Landscaping plans, including sited grading, landscape design and
open areas.
(5)
Preliminary architectural drawings for buildings being constructed,
including exterior dimensions of proposed building.
(6)
Preliminary engineering plans, including street improvements, storm
drainage system, public utility extensions, water supply and sanitary
sewer facilities.
(7)
Engineering feasibility studies of any anticipated problems which
might arise due to the proposed development, as required by the Planning
Board.
(8)
Construction sequel and time schedule for completion of each phase
for building, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours of operation,
number of employees, expected volume of business, and type and volume
of traffic expected to be generated.
(10)
A completed short or full environmental assessment form as required
by the New York State Environmental Quality Review Act, Article 8
of the Environmental Conservation Law and its implementing regulations
as codified in 6 NYCRR Part 617.
(11)
Scale, North arrow and date.
B.
The Planning Board shall have the power to waive any of the requirements
of the section only with just cause.
C.
At least 10 days before a public hearing to be held on a site plan
application, the Planning Board shall mail notices thereof to the
County Planning Board as required by §§ 239-l and 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of the proposed action as defined in Subdivision
1 of §§ 239-1 and 239-m of the General Municipal Law.
In the event a public hearing is required, such proposed action shall
be referred before final action is taken.
D.
Prior to rendering a decision on a site plan application, the Planning
Board shall comply with the provisions of the State Environmental
Quality Review Act pursuant to Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in 6 NYCRR Part 617.
E.
The application is submitted to the Code Officer. After the appropriate
fee is paid, a 239 will be sent to all agencies of interest.
[Amended 8-9-2021 by L.L.
No. 4-2021]
A.
The Planning Board shall review the site plan and supporting data
before approval or approval with stated conditions is given, and take
into consideration the following, as per local, county, and state
requirements:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, light and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road width, pavement surfaces, dividers and
traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between the applicants and
adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants
(9)
Special attention to the adequacy and impact structures, roadways
and landscaping in area with susceptibility to ponding, flooding and/or
erosion.
(10)
Cumulative impact upon the area.
(11)
Noise pollution.
B.
Should changes or additional facilities be required by the Planning
Board, final approval of the site plan shall be conditional upon the
satisfactory compliance by the owner to the changes or addition.
C.
Any owner wishing to make changes in an approved site plan shall
submit a revised site plan to the Planning Board for review and approval.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Cost incurred by the Planning Board for consultation fees, including
but not limited to attorney and engineering fees or other extraordinary
expenses in connection with the review of a proposed site plan, shall
be charged to the applicant. In addition, the cost of any hearing
or hearing shall be charged to the applicant.
[Amended 8-9-2021 by L.L.
No. 4-2021]
As an alternative to the installation of required infrastructure
and improvements, prior to approval by the Planning Board, a performance
bond or other security sufficient to cover the full cost of the same
as estimated by the Planning Board or a Village department designated
by the Planning Board to make such an estimate, where such departmental
estimate is deemed acceptable b the Planning Board, shall be furnished
to the Village by the owner. Such security shall be provided to the
Village pursuant to the provisions of Subdivision 9 of § 7-730
of New York Village Law.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Within 62 days of the close of the public hearing, the Planning
Board shall render a decision. In its decision, the Planning Board
may approve, approve with modifications or disapprove the site plan.
The time period in which the Planning Board must enter its decision
can be extended by mutual consent of the applicant and the Planning
Board.
A.
Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Village, the Planning Board
shall endorse its approval on a copy of the site plan and shall file
it and a written statement of approval with the Village Clerk within
five days after the decision is rendered with a copy to the Zoning
Enforcement Officer. A copy of the written statement of approval shall
be mailed to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copied written statement containing
the modifications required by the conditional approval will be mailed
to the applicant by certified mail, return receipt requested. After
adequate demonstration to the Planning Board that all conditions have
been met and payment by the applicant of all fees and reimbursable
costs due the Village, the Planning Board shall endorse its approval
on a copy of the site plan and shall file it and a written statement
of approval with the Village Clerk within five days after the decision
is rendered, with a copy to the Zoning Enforcement Officer. A copy
of the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall be filed with the Village Clerk within five days
after the decision is rendered and a copy thereof shall be mailed
to the applicant by certified mail, return receipt requested, along
with the Planning Board's reason for disapproval.
[Amended 8-9-2021 by L.L.
No. 4-2021]
For every building hereafter erected, altered or changed in
use, there shall be provided off-street parking spaces at least as
set forth below. A required driveway shall be at least 20 feet clear
in width, except for one- and two-family dwellings, which must be
at least 10 feet clear in width. Except for one- and two-family dwellings,
all off-street parking spaces are to be arranged so that all backing
movements take place within the parking area and not in a public street.
A.
Residential uses.
(1)
One- and two-family dwellings and conversions: two parking spaces
for every dwelling unit.
(2)
Multiple-family dwellings: two parking spaces for every dwelling
unit.
(3)
Professional residence-office: three parking spaces, plus one additional
parking space for every 200 square feet of office area.
(4)
A garage may be considered a parking place as determined by the Code
Enforcement Officer.
B.
Hotel, motel, tourist home, boardinghouse: four parking spaces, plus
one for every guest room.
C.
Dormitory, fraternity, sorority, nursing home, hospital: three parking
spaces, plus one space for every two beds.
D.
Places of public assembly: one parking space for every four seats;
or one parking space for every 100 square feet of floor area.
E.
Business, professional and medical offices: three parking spaces,
plus one space for every 200 square feet of office area.
F.
Commercial and business; in groups of over 20,000 square feet of
business floor area (excepting commercial marina, boat launch, fisherman's
access, automobile or trailer sales area): one parking space for every
100 square feet of business floor area.
G.
Commercial and business; individual establishments on separate lots
(excepting commercial marina, boat launch, fisherman's access,
automobile or trailer sales): one parking space for every motor vehicle
used directly in the business, plus one parking space for every 200
square feet of business area.
H.
Restaurant, eating and drinking establishments; one parking space
for every four seats or one parking space for every 100 square feet
of floor area.
I.
Industrial, wholesale, warehouse, storage, freight and trucking uses:
one parking space for every motor vehicle used directly in the business,
plus additional parking as required by the Planning Board.
J.
Unspecified uses; commercial marina, boat launch, fisherman's
access, automobile or trailer sales area: as required by the Planning
Board based upon use intensity, turnover, customers, employees and
vehicles used, including recreational parking space.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
Every building occupied for the purpose of business or industry shall
provide adequate space for loading and unloading of vehicles off the
street. Such space shall have access to a public alley or, if there
is no alley, to a street. Off-street loading and unloading space shall
be in addition to and not considered as meeting a part of the requirement
for off-street parking space. 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.
[Amended 8-9-2021 by L.L.
No. 4-2021]
[Amended 4-12-2004 by L.L. No. 2004; 8-9-2021 by L.L. No. 4-2021]
No vehicles will be parked in the front yard of a lot of record
except on demarcated driveways which may consist of gravel, concrete,
blacktop, tarvia, crushed stone or other similar materials. No persons
shall allow a car to be parked in the front yard unless it is on said
driveway and in no circumstance shall said vehicle be parked in the
public areas, which will include the public right-of-way from the
center of the road, including the curb, sidewalk and area in between
the curb and sidewalk. In residential areas, no more than 50% of the
front yard may be used for a driveway.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Each lot of record in residential areas shall have a minimum
road frontage of 50 feet. This condition may be modified by the Planning
Board with site plan approval.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
Where any land use in nonresidential districts abuts land in any
residential district, a buffer area of at least 15 feet in width shall
be maintained by the owner of nonresidential property as a landscape
area, in side and rear yards which adjoin those other districts.
B.
Where any permitted nonresidential land use, multiple-family development,
mobile home park or campsite in the residential district abuts any
land use in a residential district, a buffer area at least 15 feet
in width shall be maintained as a landscape area in front side and
rear yards which adjoin these uses.
C.
In a commercial district, each use shall have a buffer area at least
15 feet in width in any required front yard and at least five feet
in width in any required rear and side yards which shall be maintained
as a landscaped area. Planting in such buffer areas shall be such
that vision in the ingress and egress drive is not obstructed.
D.
Landscaping shall be installed and maintained in a healthy growing
condition in front, side and rear yards, and shall take the form of
shade trees, deciduous shrubs, evergreens, well-kept grassed areas
and ground cover.
E.
Selection and installation of landscaping. The selection of landscape
plant materials and installation standards shall be in conformance
with current American Association of Nurserymen standards.
F.
General size requirements.
(1)
Street trees. All tress planted adjacent to streets or in street
right(s)-of-way shall be located in accordance with roadway standards.
Street trees are to be saved an average distance of 35 feet on center
or as specified in adopted design standards for specific zoning districts.
Deciduous street trees shall have minimum caliper of two inches measured
six inches above ground level and have a clear trunk for at least
six feet above grade. Evergreen street trees shall be a minimum of
10 feet in height and planted well outside any required sight area
triangle, spaced a maximum of 30 feet on center.
(2)
Other trees. Deciduous or broad leaf evergreen trees shall have a
minimum caliper of 1 1/2 inches measured six inches above ground
level. Evergreen trees shall be a minimum of six feet in height. All
trees shall be set back a minimum of three feet from the face of any
curb, sidewalk, building or other structure.
(3)
Shrubs. Shrubs shall be selected to provide variety in height and
texture, enhance the architectural design, and attractively screen
views of parked vehicles and noncompatible site land uses. Installed
shrubs shall have a minimum height of 21 inches. Depending on variety
and intended use, other shrub stock sizes may be allowed or required.
(4)
Ground cover. Living ground cover, other than grass, shall be installed
so that it meets the coverage requirement of the applicable landscaping
type. Spacing shall be sufficient to achieve 75% ground coverage in
a three-year period as designed by a certified landscape specialist,
or according to the following standard:
G.
Lawn grasses and low-impact development native seed. Coverage shall
be proved with either seed or sod. Seed must germinate and demonstrate
100% coverage, or coverage in accordance with native seed manufacturers
specifications, prior to final acceptance of such landscaped areas.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
All uses shall meet New York State air and water pollution standards.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
A.
In all districts the following uses are not permitted: machinery
wrecking yards and unenclosed manufacturing or processing of goods
and materials.
B.
Junk, junkyards and outdoor storage. No junk, as defined by this
chapter, shall be located so as to be visible from public roads or
neighboring residential dwellings. In all districts, the following
uses are also not permitted: junkyards; outdoor storage of junk; dumps;
and manufacturing processes of fuels or explosives. The storage of
toxic waste, along with any and all radioactive material, is also
strictly prohibited.
C.
No swimming pool in the front yard, except wading pools that have
less than 24 inches of depth.
D.
No outdoor boilers.
E.
No commercial solar in R1 or R2 Districts.
F.
Farm animals are not allowed.
G.
Repurposed visible yard items and storage units prohibited in all
districts.
A.
No person shall construct or operate a mobile home park or campsite
area without first obtaining approval from the appropriate issuing
board after site plan review.
The following regulations shall apply to campsite
areas:
A.
Regulations set forth in Chapter 1 of the State Sanitary Code dealing with temporary residence travel vehicle parks and campsites shall be complied with.
B.
Campsite areas shall be at least three acres in area
and shall provide individual sites, access driveways and parking.
C.
All access driveways shall be at least 15 feet wide.
D.
No campsite or service building shall be closer to
a public street right-of-way than 50 feet or closer to a property
line than 30 feet.
E.
A buffer area at least 25 feet in width shall be maintained
as a landscaped area abutting all trailer park, travel trailer park
or campsite area property lines.
F.
The following regulations shall apply only to campsite
areas and shall not be required for areas specifically designated
to be used by trailers or travel trailers:
(1)
The minimum area for each campsite shall be 1,500
square feet. However, the Zoning Board of Appeals or Planning Board,
whichever is the ultimate permit-issuing board, may require additional
minimum area for campsites which are intended to be provided for use
by a single occupant or group of occupants for a period in excess
of three consecutive days.
(2)
One toilet shall be provided for each sex for every
10 campsites and shall be located no more than 300 feet from any site
served.
(3)
An adequate supply of potable water shall be provided
within 250 feet of each campsite. Where spigots and sewer hookups
are provided at each site, a minimum volume of 100 gallons of water
per site per day, at a minimum pressure of 20 pounds per square inch,
shall be provided.
G.
At least one travel trailer sanitary dumping station
shall be supplied for every 100 campsites, or portion thereof, unless
this requirement is waived, in writing, by the Planning Board or Zoning
Board of Appeals, whichever is the issuing authority for the requested
permit.
A.
No mobile home may be installed or used for living
purposes that is over the age of five years unless the following terms
and conditions are met:
(1)
All conditions of the mobile home construction and
safety standards of the United States Department of Housing and Urban
Development and the New York State Uniform Fire Prevention and Building
Code are complied with.
(2)
The mobile home has a structurally sound, nonleaking
roof, no broken windows, at least two operable smoke detectors installed,
all floors are free from defects and are structurally sound, and all
doors are serviceable and undamaged so they latch shut.
(3)
All damage to the exterior (e.g. cuts, dents, holes,
and rust) shall be repaired or replaced prior to installation.
(4)
Skirting must be placed around the mobile home within
30 days from installation and must be compatible in appearance and
must be structurally sound.
(5)
Any additional structure or addition added to or in
close proximity of the mobile home must be compatible in appearance
and must be structurally sound.
B.
Prior to installation of a mobile home, a certificate
of compliance with this section must be obtained from the Zoning Enforcement
Officer. The Zoning Enforcement Officer shall not grant such certificate
until all terms of this section have been complied with.
C.
The Village Board may contract with any qualified
individual for the purpose of hiring such individual to inspect the
mobile home to ensure compliance with this section, and may reimburse
the inspector for his services in an amount no greater than $50. The
applicant shall be required to pay a nonrefundable inspection fee
as established by the Village Board, said sum to be paid in addition
to any other fees required in this chapter. The inspector shall be
responsible to notify the Zoning Enforcement Officer of the results
of his inspection in writing within 15 days of the completion of the
inspection. If the Village Board contracts with an individual and
said individual, in his report, indicates that the home is presently
not in compliance with this section, the owner of the mobile home
may make such repairs in order to bring the mobile home into compliance;
but no compliance certificate may be granted until the Zoning Enforcement
Officer or another individual reinspects the mobile home. In such
a case, the applicant shall be required to pay an additional nonrefundable
inspection fee as established by the Village Board.
[Amended 4-12-2004 by L.L. No. 1-2004]
[Amended 4-12-1999 by L.L. No. 1-1999]
In Business B-1, Business B-2 and Industrial
Districts, amusement centers shall be a specially permitted use with
consideration to be given concerning operation during school hours.
The following regulations shall apply to a commercial
marina in any district:
A.
A design of the marina shall have site plan approval
by the Planning Board.
B.
Adequate access, maneuvering space and off-street
parking shall be provided for cars and boat trailers. Parking spaces
for cars with trailers attached shall be at least 10 feet by 40 feet.
C.
The parking area shall be paved or provided with a
surface treatment which shall prevent blowing dust.
D.
One toilet for each sex shall be provided for each
50 boats or fraction thereof renting space in the marina. Such toilet
shall be attached to a sewage disposal system approved by the appropriate
New York State authority.
E.
Any marina having 100 or more slips available for
rent shall provide an approved sewage pumpout unit and holding tank
unless this provision is waived by the Planning Board.
F.
An adequate supply of potable water shall be available
within 250 feet from each boat slip.
G.
Heavy-duty trash receptacles with lids to keep out
animals shall be provided within 100 feet from each boat slip and
near any fish cleaning and food sales areas.
H.
Retail sales shall be limited to fuel, bait, tackle
marina equipment and prepackaged foods. No maintenance and repair
facility and no restaurant, dining area or food preparation area will
be permitted.
I.
Fuel storage and firesafety equipment shall be provided
in accordance with the provisions of the New York State Uniform Fire
Prevention and Building Code.
J.
Any area used for winter storage shall be maintained
in good condition and shall not be used for abandoned, damaged, or
derelict boats or vehicles.
The following regulations shall apply to a boat
launch or fisherman's access area in any district:
A.
A site plan for such facility shall be approved by
the Planning Board.
B.
Adequate access, maneuvering space and off-street
parking shall be provided. Parking space for cars with boats attached
shall be at least 10 feet by 40 feet.
C.
Any ramp used for launching boats and trailers shall
be provided with the hard surface and shall have the maximum slope
of 13%, to be used for temporary, short-term docking.
D.
One toilet for each sex shall be provided for each
50 parking spaces or part thereof at a facility having a boat launching
ramp. Such toilet, if not an approved, portable, self-contained unit
shall be attached to a sewage disposal system approved by the appropriate
New York State authority.
F.
Retail sales shall be limited to bait.
[Amended 4-12-1999 by L.L. No. 1-1999]
Garage sales shall be a permitted use in each
and every zone located in the Village of Pulaski under the following
terms and conditions: Said garage sales shall be operated for a period
not in excess of three days at a time and shall not occur more than
twice in any calendar year. In order to operate a garage sale for
a period in excess of three consecutive days or more often than two
times in one calendar year, it shall be necessary to obtain a special
permit prior to beginning operation of said garage sale.
[Amended 8-9-2021 by L.L. No. 4-2021]
The following regulations shall apply to kennels
in all districts where permitted:
A.
Such facilities shall be designed to accommodate small
animals or mammals exclusively, such as dogs and cats.
B.
Outdoor runs shall be located at least 25 feet from
adjacent property lines and shall be screened by appropriate planting
of trees and shrubs. The Planning Board has the right to increase
the distance from neighboring properties.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 9-11-2006 by L.L. No.
1-2006; 8-10-2020 by L.L. No. 2-2020]
A.
Statement of purpose.
(1)
The purpose of this section is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs, and outdoor signs of all types. It is intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
community, preserve the scenic and natural beauty and provide a more
enjoyable and pleasing community. It is further intended hereby to
reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way, provide
more visual open space, and curb the deterioration of the community's
appearance and attractiveness.
(2)
This section is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with their
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of their signs. Therefore, such signs should convey their messages
clearly and simply to enhance their surroundings.
B.
ABANDONED SIGNS
ANIMATED SIGN
ATTENTION-GETTING SIGNS FOR COMMERCIAL ENTERPRISES
BACK-TO-BACK SIGNS
BALLOON SIGN FOR COMMERCIAL ENTERPRISES
BANNER
BILLBOARD SIGNS
(1)
(2)
BUSINESS SIGN
CANOPY SIGN
CHANGEABLE COPY SIGN
DIGITAL SIGN
DIRECTIONAL SIGN
DOUBLE-FACED SIGN
FEATHER BANNER
FLAG OR CLOTH SIGN
FLASHING SIGN
FLAT SIGN
FREESTANDING SIGN
GOVERNMENT SIGN
ILLUMINATED SIGN, EXTERNAL
ILLUMINATED SIGN, INTERNAL
INGRESS/EGRESS SIGN
LED SIGN
MARKETING/AD SIGN
MARQUE SIGN
MOVING MESSAGE BOARD
MULTIFACED OR SIDED SIGNS
NONCONFORMING SIGN
OFF-PREMISES SIGN
PENNANT SIGNS
PORTABLE SIGNS
PROJECT SIGN
PROJECTING SIGNS
REAL ESTATE SIGN
ROOF SIGN (FLAT SIGN)
SIDEWALK OR SANDWICH SIGNS
SIGN
SIGN AREA
(1)
(2)
(3)
SIGN DIRECTORY
SNIPE SIGN
SPECIAL EVENT SIGN
TEMPORARY PROFESSIONAL SERVICE SIGN/PROJECT SIGN
TEMPORARY SPECIAL ACTIVITY SIGNS FOR NONPROFIT OR COMMUNITY
EVENT
TIME AND TEMPERATURE SIGN
VEHICLE SIGN (STATIONARY)
WINDOW SIGN
YARD OR GARAGE SALE SIGNS
YARD SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A permitted sign which was erected on property in conjunction
with a particular use, which use has been discontinued for a period
of 12 consecutive months or for a total of 24 months in a three-year
period or a permitted temporary sign for which the permit has expired.
A sign using new technologies and/or digital technology that
may or may not move, that advertises a business, service or items.
Signs or devices that attract attention to the business and
advertise said business, which may include but not limited to flags/streamers,
balloons, streamers, banners, multisided signs, etc.
A sign constructed on a single set of supports with messages
visible on any side, provided that double message boards are physically
contiguous. These signs are not portable. It is counted as one sign.
(See "sign" for more information.)
An inflated sign that reaches an intended size by the addition
of air normally provided by a blower. The blower may be powered by
electricity, gasoline engine and/or battery.
A sign normally made of flexible fabric or paper that is
temporary (up to eight weeks) in nature, advertising a business, service,
future event or sending a message.
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment conducted, sold or offered elsewhere
then upon the same lot as the sign.
Any freestanding commercial sign located on a plot or parcel,
or projecting above a structure, other than where the advertised business
is conducted; also known as an "off-premises or nonaccessory billboard."
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment sold or offered upon the same
lot upon which it is displayed, including "for sale" or "rent" signs.
A sign which is suspended from, attached to, supported from
or forms a part of a canopy.
A sign on which message copy is changed manually or digitally,
in the field or remotely, through the utilization of attachable letters,
number, symbols and other similar characters or changeable pictorial
panels. A change no more than once every 30 seconds. (See "illuminated
sign.")
See "illuminated sign, external or internal."
A sign listing only the names and/or use or location of more
than one business, activity or professional office conducted within
a building, group of buildings or commercial center.
A sign with two faces which are parallel.
Normally a tall, thin sign resembling a feather that is made
of fabric or cloth normally mounted on a metal pole, these signs are
meant to move in the wind.
Usually a rectangular piece of fabric of distinctive design
that is used as a symbol, signaling device or decoration.
Any lighted or electrical sign which emits light and sudden
transitory bursts.
A sign erected parallel to and extending not more than 12
inches from the facade of any building to which it is attached and
supported through its entire length by the facade of the building
and not extending above the building.
A sign supported by a sign structure secured in the ground
and which is wholly independent of any building, fence, vehicle or
other support.
Signs concerning governmental entities and are exempt from
signage review.
Any sign which is directly lighted by an external source no more than once every 30 seconds or can be constant. This excludes any flashing lights. Examples are LED, digital and advanced technology that involves illumination of a sign. [See illuminated standards, Subsection F(4).]
Any sign that transmits light through its face or any part thereof. [See illuminated standards, Subsection F(4).]
A sign which designates only the direction of ingress or
egress of a parking area or driveway, such as "in," "out," "one-way,"
"do not enter," or "no exit." They are exempt from the total signage
requirements, but these signs would be no larger than six square feet.
(See "illuminated signs internal or external.")
Any sign marketing services or products of a specific nature
that can be found within a business of a general purpose.
A sign that projects normally at an angle that is most generally
part of the architecture (such as a theater) and is lit and often
has moving or flashing lights. This includes but is not limited to
curved LED screens, plasma screens and newer technology.
Any electrical sign having a continuous message flow across
its face by utilization of lights or other electrical impulses forming
various words or designs, such as but not limited to time and temperature
sign, including but not limited to LED or plasma signage, using electronics
or LED lighting that may flash or live stream with natural or animated
images.
Signs of triple-faced or multisided signs advertising product
or services, for the purpose of square footage each side measure should
be taken into account. All sides counted towards allowed areas.
Any sign which has a valid permit, or was erected or displayed,
prior to the effective date of this chapter or subsequent amendment
thereto and does not conform with any provisions of this chapter.
Any sign located or proposed to be located at any place other
than within the same platted parcel of land on which the specific
business or activity being promoted on such sign is itself located
or conducted. For purposes of this chapter, easement and other appurtenances
shall be considered to be outside such platted parcel of land and
any signs located or proposed to be located in an easement or other
appurtenances shall be considered an off-premises sign. Signs identifying
public service, religious or civic organizations not to exceed four
square feet as approved by the Planning Board are exceptions to this
definition.
A triangular flag that may or may not have a school emblem,
often strung together to form a continuous line.
Any sign which is not permanently affixed to a building,
structure or the ground.
Any sign erected and maintained on the premises temporarily
while undergoing construction by an architect, contractor, developer,
finance organization, subcontractor or materials vendor upon which
property such individual is furnishing labor, services or material
with signs being removed no later than 30 days after project completion.
A sign that projects out from a structure advertising a business
or service.
Temporary sign erected by the owner, or his agent, advertising
the real property upon which the signs located for rent, for lease
or for sale.
A sign erected over or on, and wholly or partially dependent
upon, the roof of any building for support, or attached to the roof
in any way.
A sign that is normally temporary in nature and normally
a sandwich board design that would be placed on a sidewalk or in front
of a building temporarily. This also includes signs that are carried.
Any structure or part thereof or device attached thereto,
or painted or represented thereon, which shall display or include
any letter, work, model, banner, pennant, insignia, device or representation
used as, or which is in the nature of, an announcement or advertisement
or direction.
The area of a sign is measured by the following criteria:
When such sign is on a plaque or framed or outlined, all of
the area of such plaque with the area enclosed by such frame or outline
shall be included.
When such sign consists only of letters, designs or fixtures
engraved, painted, projected or in any manner affixed on a wall structure,
the total area of such sign shall be deemed the area of the smallest
triangle, rectangle, polygon or circle within which all of the matter
of which sign consists may be inscribed.
For double-faced signs, the area for only one side shall be
used to determine the area.
A wall sign or freestanding sign that gives location of offices,
businesses, etc.
A sign which is tacked, nailed, posted, glued or otherwise
attached to trees, poles, stakes or fences, or to other objects, or
pushed into the ground and the advertising matter appearing thereon
is not applicable to the present use of the premises upon which such
sign is located.
Sign which carries a message regarding a special event or
function which is of general interest to the community.
A normally smaller sign erected or placed before, during
or after a service is conducted or provided to a site such as black
topping, insect spraying, lawn treatments, contracting, etc.
A sign of short time duration such as, but not limited to,
barbecue, book sale, plant sale, farmers market, festival or blood
drive sponsored by a nonprofit or recognized community group and needs
to be reviewed by the Code Officer. It is expected such signs are
to be removed at the conclusion of the event and not longer than eight
weeks in duration.
An electrical sign utilizing lights going on and off periodically
to display the current time and/or temperature in the community.
A permanent or temporary sign affixed, painted on or placed
in (such as in the bed of a truck) or upon any parked vehicle, parked
trailer or other parked device capable of being towed, which is displayed
in public view under such circumstances as to location on the premises,
time of day, duration, availability of other parking space on the
premises, and the proximity of the vehicle to the area on the premises
where it is located, unloaded or otherwise carries out its principal
function which circumstances indicate that the primary purpose of
said display is to attract the attention of the public rather than
to serve the business of the owner thereof in any manner which is
customary for such vehicle. Employees' work vehicles, provided
by their employers, necessary to their occupation are excluded.
Any sign which is painted on, applied to, attached to or
projected upon or within the exterior or interior of a building glass
area, including doors, or at a location within 15 feet of the interior
of a building glass area including doors, whose identification, message,
symbol, insignia, visual representation, logotype, or any other form
which communicates information, can be read from off-premises contiguous
property or public.
A temporary sign normally in a residential area advertising
an item or items for sale and placed temporarily in place.
A sign in a residential yard advertising a product or service
or an event.
D.
Procedures for obtaining a sign permit.
(1)
A permit required. It shall be unlawful for any person to erect,
alter, paint with a new message, redesign, relocate and reconstruct
an existing sign by making a structural change or a change in the
message or cause to be erected, altered, painted, painted with a new
message, redesigned, relocated and reconstructed within the corporate
limits of the Village any sign or signs without first having obtained
and paid for (if required) a sign permit.
(2)
The following two operations shall not be considered creating a new
sign and, therefore, shall not require a sign permit.
(a)
Replacing copy. The changing of the advertising or message on
an approved sign which is specifically designed for the use of a replaceable
copy.
(b)
Maintenance. Painting, cleaning and other normal maintenance
and repair of a sign or a sign structure, unless a structural change
is made or there is a change in the message.
(3)
Application for a sign permit shall be made on a form provided by
the Building Code Officer, Village office or located on the Village
website. Each application shall include:
(a)
The name, address and telephone number of the applicant and
owner of the property, if different then applicant.
(b)
The name, address, telephone number and insurance coverage for
the sign maker and/or installer.
(c)
The location of the building upon which the sign is to be erected.
(d)
Color photos of the building upon which the sign is to be erected
and immediate adjacent building(s).
(e)
Size of the sign or signs.
(f)
A description of the construction details of the sign, showing
the lettering and/or pictorial matter composing the sign and a description
of the position of lighting or other extraneous devices.
(g)
Sketches drawn to scale and supporting information indicating
location of sign colors, size and types of lettering or other graphic
representation, logos, and materials to be used, electrical or other
mechanical equipment, details of it's attachment and hanging.
Samples (if appropriate) of materials should accompany the application,
where required by the Code Officer, where such sign or signs is or
are to be erected and how they will be maintained. In addition, such
sign application shall be accompanied by a fee as established in the
Building Code.
(h)
Such other pertinent information as the Code Officer may require
to ensure compliance with this section.
(i)
Application is signed and dated by the applicant and/or property
owner that the information is correct and the project will be completed
as indicated in said application.
(4)
Following formal submission to the Code Officer, said Officer shall
immediately refer all completed applications for sign or signs to
the Planning Board on matters for consistency with the design guidelines
and requirements outlined herein. The Planning Board shall render
an opinion to approve, disapprove or approve with conditions.
(5)
In those cases where an applicant does not wish to implement the
design conditions of the sign permit, the matter shall be referred
to the Zoning Board of Appeals for an advisory opinion. In such cases,
the Zoning Board of Appeals shall recommend approval or disapproval
of such sign application within 30 business days from the date of
referral.
(7)
Issuance of sign construction permit will be issued upon successful
completion and approval of application and a signed agreement by the
applicant and/or owner and by either the Code Officer, the Planning
Board, and/or Zoning Board of Appeals.
E.
Construction and design standards.
(1)
Design guidelines.
(a)
Signs should be designed to be compatible with their surroundings
and should be appropriate to the architectural character of the buildings
on which they are located.
(b)
Sign panels and graphics should relate with architectural features
or details and should be in proportion to them.
(c)
Signs should be appropriate to the types of activities they
represent.
(d)
Layout should be orderly and graphics concise.
(e)
No more than two typefaces should be used on any one sign or
group of signs indicating one message.
(f)
The number of colors used should be the minimum consistent with
the design.
(h)
Groups of related signs or multiple signs located on the same
premises should express uniformity and create a sense of harmonious
appearance. There may be additional requirements for signs in the
Historic District.
(2)
Computation of sign area.
(a)
The area of a sign shall be computed from the algebraic sum
of the actual sign configuration, be it a square, rectangle, circle,
oval or other polygon shape. The area shall be measured from the outer
dimensions of the frame, trim or molding by which the sign is enclosed,
when they exist, or from the outer edge of the signboard where they
do not exist.
(b)
When a sign consists of two faces, only one face of the sign
shall be used in computing the sign area if the faces are parallel
to and within 12 inches of each other. Otherwise, all faces of the
sign shall be used to compute the sign area.
(c)
The volume of a representational sign shall be computed as the
volume of the smallest rectangular box which encompasses the mass
of the three-dimensional sign or characterization.
(3)
Standards for wall signs.
(a)
All wall signs shall be located on the building front or face
wall, except as permitted by this chapter.
(b)
No wall sign shall extend beyond the outer edge of any wall
or the building to which it is attached.
(c)
No wall sign shall extend above the eaves of the building to
which it is attached.
(d)
A wall sign shall be parallel to the wall to which it is attached
and shall not project more than 12 inches therefrom.
(e)
Illumination of wall signs shall be in accordance with this
chapter. No more than two illuminated signs in a lot of record in
the B-2 District. One illuminated sign in all other business or industrial
zones.
(f)
If a building has more than one facade, the allowed signage
may be divided among the facades visible from the street, with a maximum
use of the two facades. An alley shall be considered a street.
(g)
In Business Zone B-1 and/or the Historic District (not in a
residential zone) and/or industrial zone: a fixed projecting sign,
and a flat sign and/or one freestanding sign with a total area up
to 100 square feet. In the B-2 District, the same as above but no
more than up to 200 square feet. Allowable area of wall signage shall
be calculated as 20% of the total area of the facade on which it is
affixed (as long as it is within the allowable square footage). The
total area of the facade shall be calculated by multiplying the width
by the height and shall include all windows and doors.
(h)
A sign directory is a wall sign. For buildings with multiple
tenants, having storefronts only, the facade rented by the tenant
shall be considered the wall area for a sign.
(i)
The following signs are permitted without a zoning permit;
[1]
One "for rent" and/or "for sale" sign not exceeding six square
feet in residential areas R-1, R-2 or R-3, and two of said signs not
exceeding 12 square feet in other areas, B-1, B-2 or industrial.
[2]
Directional or informational signs not exceeding six square
feet.
[3]
Signs necessary for public safety or welfare.
(j)
The following signs are allowed with a zoning permit;
[1]
One home professional office or home occupation sign not exceeding
four square feet, not to be illuminated in residential districts.
[2]
In B-1, historic districts, and/or industrial zones, one fixed
projecting sign, flat sign and/or one freestanding sign with a total
area of no more than 100 square feet, not to exceed a total of two
signs. Projecting signs no larger than a total of six square feet.
One illuminated sign is permitted.
[3]
In B-2 District no more than two flat, fixed and/or projecting
signs not to exceed 200 square feet and not to exceed a total of three
signs. No more than two illuminated signs.
[4]
Signs identifying a construction project, including the specialists
concerned, not exceeding 12 square feet for a house and 16 square
feet for other buildings. These signs need to be removed one month
after completion of the project.
(k)
Standards for freestanding signs.
[1]
No freestanding sign shall be within five feet of any street
line, or 10 feet of any other lot line. (Requirements for scenic New
York State byways.)
[2]
There shall be no more than one freestanding sign on a lot of
record.
[3]
No sign in any district may extend in height more than 25 feet
from a ground level base to uppermost extremity, including projecting
signs.
F.
Specific provisions.
(1)
Existing signs. All signs not in compliance with any provision of
this chapter on the effective date specified herein shall be deemed
nonconforming.
(a)
A nonconforming sign shall be removed or brought into conformity
with the requirements of this chapter upon a change in use.
(b)
A nonconforming sign related to an existing use shall be removed
or made conforming prior to the issuance of any subsequent sign permit
for such use, ownership and/or business by the owner or agent.
(c)
Applications for sign approval and sign permit for the replacement
of an existing nonconforming sign to a legal conforming sign which
is submitted before two years from the effective date of this chapter
shall be exempt from all applicable fees required by this chapter
but not from any subsequent fees.
(d)
Repair of existing signs does not constitute changing a sign.
(2)
Prohibited signs. All of the type of signs in Subsection F(2)(a) below are allowed on a temporary basis only (no longer than eight weeks) with no permit, for special events or seasonal activities in R-1, R-2 or R-3 Zones. In B-1, B-2 or industrial zones a permit is needed for temporary use.
(a)
Attention-getting devices such as banners, pennants, valances,
flags (except governmental flags), streamers, searchlights, string
or Reston lights, flashing lights (except the signs which alternate
temperature and time messages, and those permitted in nonresidential
districts), projecting lights, balloons and similar devices designed
for purposes of attracting attention, promotion or advertising would
be allowed on a temporary basis for special events or seasonal activities.
(b)
The following are not permitted:
[1]
Roof signs.
[2]
Any sign which could be mistaken for or confused with a traffic
control sign, signal or device.
[3]
Signs permanently painted, posted or otherwise attached to any
rock, fence, vehicle or stationary vehicle (except typical commercial
vehicle markings) or utility pole.
[4]
Billboards.
[5]
Spotlights, feather banners and "waving/in-motion" tube figures.
[6]
All signs not expressly permitted by this chapter (with the
exception of political signs).
[7]
No signs allowed on Village-owned property. Exceptions may be
made by the Village Board of Trustees.
(3)
Real estate signs.
(a)
Real estate "for sale" signs, (commercial or by owner) and signs
of a similar nature on the premises for sale or lease and not exceeding
six square feet in surface area in a residential district or 12 square
feet, not to exceed two per premises and shall be removed one week
after final sales or lease transaction. Any larger signs would need
a zoning permit.
(b)
"Open house" signs on private property for sale or lease can
only be displayed between the hours of 8:00 a.m. and 8:00 p.m. on
any day. Said signs cannot be larger in size than five square feet
and must be located not nearer than five feet to any property line.
Said signs must be removed at the end of each day they are displayed.
(c)
"Open house" signs on private property other than property for
sale, in all residential districts, for every open house, will be
permitted a maximum of two signs on private property other than the
property for sale or lease directing to or advertising the open house
from 8:00 a.m. to 8:00 p.m.
(4)
Illuminated and flashing signs.
(a)
Signs, including programmable, digital, electronic signs similar
to but to limited to present-day LED screens, may be illuminated by
a steady shielded light, provided that such lighting does not illuminate
adjacent property, except that no illuminated sign shall be allowed
in residential districts for any type of use. Illuminated 911 address
number signs are exempt.
(b)
Flashing, oscillating, and revolving signs are not permitted
unless necessary for public safety or welfare.
(c)
Only one illuminated sign shall be allowed on a lot of record
in a B-1 District and two illuminated signs in a B-2 District.
(d)
Hold time shall be no less than 12 seconds.
(e)
Any change of message shall be completed immediately without
pauses and all parts of the message shall change simultaneously.
(f)
Digital signs should be clear and easy to read, without excessive
text, colors, graphics or other features that reduce their legibility.
(g)
Digital signs shall utilize automatic dimming technology, as
certified by the manufacturer, to adjust the brightness of the sign
relative to ambient light.
(h)
All digital signs shall contain a default mechanism that will
cause the sign to revert immediately to a black screen if the sign
malfunctions.
(i)
No more than 10% of the total square footage of allowable signage
may be devoted to digital signage, with one digital sign per property.
(j)
The Code Enforcement Officer shall have the authority to require
changes to any digital sign, that, in the opinion of the Code Enforcement
Officer, is malfunctioning or operated in a manner that causes or
creates excessive glare or intensity of light, visual inference or
blind spots. Such changes may include, but are not limited to, requiring
that the digital sign be turned off, dimmed, fitted with a shield
to deflect light, or such other changes as may be required to eliminate
the condition.
(5)
Sign maintenance.
(a)
Any sign temporary or seasonal must be removed one week after
the event and/or season.
(b)
Unsafe temporary or permanent signs or unsightly, damaged, deteriorated
signs or signs in danger of falling shall be put in order or removed
upon written notice. Immediate compliance is expected for the repair
or removal of unsafe signs.
(c)
Closure or relocation of a business will include removal of
signage and/or supporting structure by property owners within three
months of the last day of business. If the signage is not removed
in allotted time, it will be removed by the Village or their agent
at owner's expense. That expense may be added to tax bill if
not paid.
G.
Enforcement and remedies.
(1)
Application process.
(a)
The provisions of this chapter shall be administered and enforced
by the Code Officer who shall have the power to make necessary inspections.
(b)
No sign permit shall be approved by the Code Official except
in compliance with the provisions of this chapter or as directed by
the Planning Board, the Zoning Board of Appeals, or the Village Board
of Trustees.
(c)
The Code Officer shall reject any sign applications which he
deems not to be in conformance with the purpose of this chapter.
(2)
Appeal of sign decisions.
(a)
Decisions may be appealed to the Zoning Board of Appeals, which
will interpret the provisions of this chapter and may sustain the
Code Officer's application of the Code or may grant such relief
as may be warranted under the terms of this chapter.
(b)
Any person aggrieved by a decision of the Zoning Board of Appeals
may have the decision reviewed by the Supreme Court of the State of
New York in the manner provided by law.
[1]
Editor's Note: Former §§ 160-67, Signs in Industrial
Districts, as amended; 160-68, Freestanding signs, as amended; 160-69,
Traffic hazard, safety and obstruction, as amended; 160-70, Illuminated
and flashing signs; and 160-72, Nonconforming signs, were repealed 8-10-2020 by L.L. No. 2-2020. Former § 160-71, Signs by special permit, was
repealed 9-11-2006 by L.L. No. 1-2006.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
A satellite receiving antenna greater than 24 inches will not be
allowed in a front yard or in a side yard adjacent to or in front
of the principal building or structure in any district. Any demonstration
or model satellite receiving antenna associated with a lawful commercial
business is excluded.
B.
No satellite receiving antenna greater than 24 inches shall be erected
within six feet of a rear or side yard property line.
[Amended 8-9-2021 by L.L.
No. 4-2021]
A.
No fence located along any property line shall be greater than six
feet in height without prior issuance of a special permit by the Planning
Board.
B.
No fence over three feet in height will be permitted on a street
line, nor within one foot of the street line. All fences shall be
constructed so that all posts and branches shall be within the property
boundaries of the owner of the fenced property with post and branches
on property owner's side. A berm may not be built or used to
elevate a fence. All construction material used for fences shall first
obtain the needed Zoning Enforcement Officer's approval.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
Gasoline stations and commercial, public and motor vehicle sales
garages shall comply with the following:
A.
The lot shall not be located within 300 feet of any lot occupied
by a school, hospital, playground, library or religious institution.
Measurement shall be made between nearest respective lot lines.
B.
Lot size shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps, other service devices, and fuel and oil storage shall be located
a distance from all lot lines which is no less than any state, local
or federal regulation.
F.
All automobile parts and dismantled vehicles are to be stored within
a building and no major repair work is to be performed outside a building.
G.
There shall be no more than two access driveways from any street.
Maximum width of each access driveway shall be 30 feet.
H.
A suitably curbed landscaped area, which should include but not limited
to plants such as shrubs, trees, perennials and annuals, shall be
maintained at least five feet in depth along all street frontage not
used as driveway and be replaced when it is necessary to remove them.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
Public utility facility structures shall comply with the following:
B.
The facility shall be surrounded by a fence set back from property
lines in conformance with district regulations for front side and
rear yards.
C.
A landscaped area at least 15 feet wide shall be maintained in front,
rear and side yards.
D.
There shall be no open equipment visible from surrounding property.
E.
Where practical, low-profile equipment shall be used.
F.
Area, yard, coverage and height requirements of any district may
be waived in whole or in part.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
There shall be only one residential building on a lot of record.
Existing properties that contain a second building on a lot shall
require a special permit for that building to be used as a single-family
dwelling.
B.
Lots that propose construction on a second dwelling shall require
a variance.
C.
A second single-family dwelling may be erected on a lot of record
which equals or exceeds five acres in area upon application of the
owner of the lot of record to the Zoning Enforcement Officer for a
zoning permit. A second single-family dwelling is not permitted within
an R-1 zone. Prior to issuing a permit, the Zoning Enforcement Officer
shall ensure the following provisions have been met:
(1)
The applicant has set aside at least 30,000 square feet to the person
or persons who shall be residing in the second dwelling.
(2)
The dwelling shall meet all minimum front line, side line, and area
requirements for that district.
(3)
One or more of the residents of the second dwelling are within the
second degree of kinship of the owner of record, either by blood or
adoption.
D.
Multiple residential dwellings on a lot of record are only allowed
in an R-3 Zone and/or Industrial Zones.
[Amended 8-9-2021 by L.L.
No. 4-2021]
No space necessary under this chapter to satisfy area, yard
or other open space requirements in relation to any building or use
shall be counted as part of a required open space in relation to any
other lot or buildings.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Any yard adjoining a street shall be considered a front yard
for the purposes of this chapter. In instances where a corner lot
exists, each front shall meet the front lot requirements for the district
in which it is located.
[Amended 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
All lots shall have at least 50 feet access to a public street.
[Amended 8-9-2021 by L.L.
No. 4-2021]
All driveways shall be located at least 25 feet from the intersection
of two streets.
[Amended 8-9-2021 by L.L.
No. 4-2021]
A.
The Zoning Enforcement Officer may issue a temporary permit, for
a stated period of not more than one year, for incidental nonconforming
uses as follows:
(1)
Temporary uses incidental to a construction project.
(2)
Temporary real estate sales office incidental to a subdivision development.
(3)
Other similar temporary incidental uses, except storage or disposal
of toxic chemicals or radioactive materials at levels that can be
injurious to human, animal, and biological life.
B.
Permits shall be conditioned upon agreement by the owner to remove
the temporary uses upon the expiration of the permit.
C.
Permits may be reissued for one additional period of not more than
six months.
D.
Within three months after a project or structure has been destroyed,
demolished, abandoned or completed, all incidental and excess structure
materials and storage containers shall be removed from the site, and
any excavation shall be covered or filled to normal grade by the owner.
E.
Cargo/shipping containers.
F.
Van/box trailers or trucks used for storage during construction.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Nothing herein contained shall be interpreted to limit or restrict
the height of silos, church spires, cupolas, bells, clocks, municipal
fire and observation towers and essential public utility structures,
which shall not include communication towers.
[Amended 8-9-2021 by L.L.
No. 4-2021]
No radio or television antenna, tower, water or cooling tower,
oil or gas holder, elevator bulkhead, chimney, or other similar structure
may be erected until after issuance of a special permit, when the
top of any such structure is in excess of 60 feet from ground level.
[Amended 8-9-2021 by L.L.
No. 4-2021]
In any zoning district, the dumping of refuse and waste material
for landfill is prohibited. Loam, rock, stone, gravel, sand, soil
and similar type materials may be used for landfill to grades approved
by the Zoning Enforcement Officer.
[Amended 8-9-2021 by L.L.
No. 4-2021]
In all zoning districts, on a corner lot, within the triangular
area formed by the intersection of two street property lines and a
third line joining them at selected distances from this intersection
as stated below, there shall be no obstruction to vision between the
height of two feet and 10 feet above the average grade of each street.
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Sight Distance for Various Street Widths
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|---|---|
|
Street Right-of-Way
(feet)
|
Distance from Intersection (Center)
(feet)
|
|
50 or more
|
90
|
|
40 to 49
|
80
|
|
30 to 39
|
70
|
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
No dwellings are permitted in cellars, as defined, in multiple-family
dwellings.
[Amended 8-9-2021 by L.L.
No. 4-2021]
In a residential zoning district, where possible, accessory
structures such as garages, carports and similar accessory structures
shall be attached to the main building; however, in residential districts
each lot of record may have one unattached accessory building.
[Amended 8-9-2021 by L.L.
No. 4-2021]
In all zoning districts the following regulation shall apply.
A.
Motor vehicles used for drag or stock car racing, and abandoned or
junked vehicles, must be parked in an enclosed garage. For purposes
of this section, an "abandoned or junked vehicle" shall mean any vehicle
which is not licensed, or not in condition for legal use on the highway.
B.
A travel trailer or camper or other motor vehicle shall not be used
as year-round living quarters.
C.
No commercial use trailer or commercial motor vehicle of more than
one ton capacity shall be parked or stored overnight in any residential
district.
D.
Travel trailers or campers may not be parked in front yard.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
Every private swimming pool shall be completed surrounded by a fence constructed in accordance with Chapter 133 of the Village of Pulaski Municipal Code. A building and zoning permit is required.
[Amended 8-9-2021 by L.L.
No. 4-2021]
The Zoning Enforcement Officer and Village Clerk-Treasurer shall maintain with the Village Zoning Map an additional map or overlay showing all New York State and federal freshwater wetlands, as defined in the Environmental Conservation Law, which lie within the Village of Pulaski. As each application is filed with the Zoning Enforcement Officer, he shall determine whether the proposed use or alteration lies within a freshwater wetland area. If such is the case, he shall provide to the applicant any and all forms required by the State of New York or other appropriate authority for preparation and review of the appropriate deliberative agencies prior to granting any permits required under this chapter. (Covered in Chapter 64 of the Village Code and the Uniformed Code of NYS.)
[Amended 8-9-2021 by L.L.
No. 4-2021]
A.
The Zoning Enforcement Officer or Village Clerk-Treasurer shall maintain
with the Village Zoning Map an additional map or overlay, said overlay
showing any and all areas susceptible to flood, as defined and determined
by the Village, state or federal government.
B.
Upon receipt of any application, if the Zoning Enforcement Officer
determines that said use or alteration lies in any of the areas shown
on the flood overlay map, he shall not grant any permit allowed under
this chapter until he or she has ensured that all requirements of
any Village, site or federal law, statutes or regulations have been
met.
[Amended 8-9-2021 by L.L.
No. 4-2021]
Producers of energy cooperates are allowed in the R-3, B-1,
B-2 and Industrial Zones. A site plan approval and special permit
is required.[1]
[1]
Editor's Note: Former Article VI, Zoning Districts - Descriptions,
of this ordinance, which contained narrative boundary descriptions
for the Village zoning districts and immediately followed this section,
was removed from the ordinance. Said boundary descriptions and the
Village Zoning Map are on file in the Village Clerk-Treasurer's office
and available for review during regular office hours.
[Added 8-9-2021 by L.L.
No. 4-2021]
A.
Dumpsters are not allowed in R-1 or R-2 Districts.
B.
A special permit is needed to allow a dumpster in a R-3 Zone.
C.
All permitted dumpsters in B-1, B-2 and Industrial Zones need to
be concealed.
D.
Dumpsters that are presently in a district that will not allow them
have 12 months or one year to make other arrangements. Dumpsters that
are in zones where they are allowed but not concealed have one year
to conceal them or put them in a location that is not visible from
street or neighboring properties.
E.
Location and concealment of dumpsters will be part of the site plan
review and approval. Temporary dumpsters or containers are permitted
for 14 days with the option for an extension by permit.
[Added 8-9-2021 by L.L.
No. 4-2021]
A.
The purpose of this section is to control and regulate the use of
short-term rentals within the Village, preserve residential character
and quality of life of the neighborhoods, along with the general welfare
of the residential neighborhoods.
B.
HOSTED
OCCUPANTS
OWNER
SHORT-TERM RENTAL
(1)
(2)
(3)
UNHOSTED
Definitions. As used in this section, the following terms shall have
the meanings indicated.
The on-site presence of the owner at the property during
the duration of the rental period.
The person(s) renting the short-term rental. For purposes
of this section, occupants includes their guests and any sublessees.
The permanent resident of the dwelling, and/or person(s)
or entity that holds legal and/or equitable title to the short-term
rental, or an agent of the owner who is authorized to take remedial
action and to respond to any violation of this section.
One or more dwellings, as the term is defined in this chapter,
and excluding bed-and-breakfasts, for which rent is received by the
owner, directly or indirectly, in exchange for residential occupation:
The advertisement of the potential availability (as stated above)
of the dwelling for rent on short-term rental websites shall create
a presumption that the dwelling is a short-term rental.
Ongoing month-to-month tenancies are excluded from the provisions
of this section.
The absence of the owner on-site at the property during the
durations of the rental period.
C.
Short-term rental requirements.
(1)
Unhosted short-term rentals shall be prohibited in all zoning districts.
(2)
Hosted or unhosted short-term rentals shall be prohibited in R-1
Districts.
(3)
Hosted short-term rentals shall be prohibited unless a special use
permit is issued by the Planning Board as provided for herein. A separate
special use permit shall be required for each short-term rental property.
The special use permit requirements of this section are in addition
to any business license, tax registration, or any other permit or
licensing requirements that may be required under state or county
law.
D.
Application for special use permit.
(1)
Application information. An application for a special use permit
shall be made to the Planning Board, and shall be subject to public
notice and hearing, pursuant to this chapter. Special use permit applications
shall contain the following information:
(a)
The name, address, telephone number, emergency telephone number,
and email address of the owner [including any authorized agent(s)]
who will be on-site for the duration of any rental period, and a secondary
emergency contact individual;
(b)
The number of bedrooms and approximate square footage in the
property and the maximum number of overnight occupants;
(c)
An acknowledgement that the subject property meets all local
Building Code and Uniform Code requirements;
(d)
A diagram and/or photograph of the property showing and indicating
the number and location of designated on-site parking spaces, and
the maximum number of vehicles allowed for overnight occupants;
(e)
If the application is for the renewal of a special use permit,
the record of all calls or complaints made in the preceding five years
is to be reviewed;
(f)
An acknowledgment that the owner, agent(s), and secondary emergency
contact individual have read and are familiar with the regulations
contained in this section; and
(g)
A certification of the accuracy of the information submitted
and an agreement to comply with any and all conditions of the special
use permit.
(2)
Preexisting short-term rental. Notwithstanding any other provision
of this section, short-term rentals already in existence at the effective
date of this section, whether hosted or unhosted, shall be required
to comply with the requirements of this section within 60 days of
its effective date.
(3)
Inspection. In evaluating an application for a special use permit,
the subject property shall be inspected by the Village Code Enforcement
Officer to determine maximum parking capacity for the property and
to verify compliance with provisions of this section and the New York
State Uniform Prevention and Building Code. Upon an application for
renewal of a special use permit, the subject property shall be reinspected
to ensure continued compliance with this section.
(4)
Public hearing notification. The Village shall notify all property
owners within 1,000 feet of the subject property, in writing, that
an application has been submitted for a special use permit to allow
the subject property to be used as a short-term rental. This notification
shall clearly state the following information:
(a)
The name of the owner, agent(s), and secondary emergency contact
individual for the property and a telephone number at which those
parties may be reached on a twenty-four-hour basis;
(b)
The maximum number of occupants allowed to stay overnight in
the dwelling; and
(c)
The maximum number of vehicles allowed to be parked on-site
on the subject property overnight.
E.
Application fee. An application for a special use permit under this
section shall be accompanied by a nonrefundable fee in such amount
as the Village Board of the Village of Pulaski may from time to time
establish by resolution.
F.
Application review process. The application review process for the
issuance of a special use permit under this section shall comply with
the considerations and necessary provisions.
G.
Conditions.
(1)
All special use permits issued pursuant to this section are subject
to the following standard conditions:
(a)
The owner shall, by written agreement with the renter, limit
the number of overnight occupants and their vehicles to the number
approved in the special use permit application.
(b)
The owner shall demonstrate consistent efforts to ensure that
the occupants of the property do not create excessive noises, as defined
in this chapter, and/or engage in conduct which with annoys, disturbs,
injures, or endangers the comfort, repose, health, peace or safety
of others, or violate provisions of this section. The use of illegal
drugs or controlled substances by occupants is prohibited. The owner
shall promptly respond to any complaints of violations of this section
by any occupants of the subject property or by any third parties.
(c)
The owner, upon notification that occupants of the property
have created excessive noises and/or engaged in conduct which either
annoys, disturbs, injures, or endangers the comfort, repose, health
peace or safety of other, or otherwise violated provisions of this
section, shall promptly use best efforts to prevent a recurrence of
such conduct.
(d)
The owner shall post a copy of the special use permit and a
copy of these standard conditions set forth in this section and any
other conditions imposed by the Village in a conspicuous place on
the subject property.
(e)
The subject property shall, at all times, regardless of whether
the property is occupied, be in compliance with the Village Code and
the New York State Uniform Fire Prevention and Building Code, and
any other applicable laws and codes.
(f)
All occupants of the subject property shall observe quiet hours,
which shall be between the hours of 10:00 p.m. and 7:00 a.m., Sunday
through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday.
Excessive noises and/or conduct which either annoys, disturbs, injures,
or endangers the comfort repose, health, peace or safety of others
shall constitute a violation of this section and may be grounds for
revocation of the special use permit.
(g)
Call response availability. The owner and/or agent(s) and second
emergency contact person shall be personally available by telephone
on a twenty-four-hour basis to respond to calls or complaints regarding
the condition or operation of the subject property. Failure to respond
to calls or complaints in a reasonably timely and appropriate manner
shall constitute a violation of this section and may be grounds for
revocation of the special use permit. For the purposes of this section,
responding in a reasonably timely and appropriate manner means that
an initial call shall be responded to within one hour of the initial
call, and any corrective action shall be commenced within 24 hours
of the initial call. The owner shall maintain a record of each caller
or complainant, details of the call or complaint, the date, and time
of each call or complaint, details of the owner's response and
corrective action and any other documentation associated with such
call or complain, and shall provide such records to the Village upon
demand, and/or as part of any revocation hearing or application for
renewal of the special use permit.
(2)
The Planning Board shall have the authority to impose additional
conditions related to the use of the subject property as a short-term
rental as may be deemed necessary to achieve the objectives of this
section.
H.
Permitter. A special use permit issued under this section shall be
valid for one year from the date of issuance, subject to subsequent
renewal periods of one year to three years, at the discretion of the
Planning Board, based on the history of complaints and violations
under this section relating to the subject property during the preceding
permit period.
I.
Notification requirements. Each short-term rental shall have a clearly
visible and legible notice posted within the property on or adjacent
to the interior of the front door, containing the following information:
(1)
The name of the owner, agents(s), and secondary emergency contact
individual, and a telephone number at which each such individual may
be reached on a twenty-four-hour basis;
(2)
The maximum number of occupants permitted to stay in the short-term
rental;
(3)
The maximum number of vehicles allowed to be parked on the subject
property;
(4)
Quiet hours shall be between the hours of 10:00 p.m. to 7:00 a.m.,
Sunday through Thursday, and 11:00 p.m. to 7:00 a.m., Friday and Saturday,
and that excessive noises and/or conduct which either annoys, disturbs,
injures, or endangers the comfort, repose, health, peace or safety
of other shall be a violation of this section.
(5)
Rules for the disposal of refuse, including but not limited to the
refuse pickup day.
(6)
Notification that occupants may be cited and fined for creating a
disturbance or for violating other provisions of this section or the
Village Code; and
(7)
Notification that failure to conform to the parking and occupancy
requirements of the subject property is a violation of this section.
J.
Enforcement; penalties for offenses.
(1)
Penalties imposed for offenses under this section shall be as set
forth in this section, in addition to any other penalties for offenses
which may be available under the Village Code.
(2)
In addition to the penalties imposed, each subsequent offense after
the third offense within five years shall be punishable by a fine
of $1,000 or imprisonment for up to six months, or both.
(3)
In addition to the penalties set forth herein, upon the fourth offense
within five years, and upon each offense thereafter within the preceding
five years, the special use permit may be revoked in accordance with
the provision of this section.
(4)
Civil enforcement. Appropriate actions and proceedings may be taken
by law or in equity proceedings to prevent any violation of this section,
to recover damages, to restrain, correct or abate a violation and
to prevent illegal occupancy of a building, structure or premises.
These remedies shall be in addition to the penalties described above.
Consequently, the Village Board may institute any appropriate action
or proceeding to prevent and to restrain, correct or abate such violation
or to prevent any illegal act, conduct, business or use in and about
such premises.
K.
Revocation of special use permit.
(1)
Upon the occurrence of the events identified in this section, the
Village Code Enforcement Officer shall notify the Village Board, Planning
Board, and the owner of the same, in writing, and the Planning Board
may, in its discretion, hold a public hearing to determine whether
the special use permit should be revoked.
(2)
Such public hearing shall be held by the Planning Board no more than
45 days from the date to notification from the Code Enforcement Officer
is delivered to the owner. Notice of the hearing shall be delivered
to the owner in person, or by mail to the address given in the application,
and shall be published once in a newspaper having a circulation with
the Village of Pulaski. Said notice to the owner and publication shall
be not less than 10 days before the date of the hearing. Written notice
of such public hearing shall also be given, personally or by mail,
to property owners with 1,00 feet at least 10 days before the date
set for the public hearing; if such notice is given by mail, the ten-day
period shall be deemed to commence upon deposit with the United States
Postal Service.
(3)
At the time and place set for the public hearing, the Planning Board
shall take the testimony, under oath, of the owner and all other persons
wishing to be heard, as to why the special use permit should not be
revoked, and shall receive into the record any documentary evidence
submitted either for or against revocation.
(4)
After the public hearing, the Planning Board shall, within 30 days,
determine in writing whether or not the special use permit should
be revoked or permitted to continue, either with or without additional
conditions, and shall give notice of its determination to the owner
by mail.
(5)
A special use permit may be revoked upon any of the following grounds:
(a)
Fraud, misrepresentation or false statement contained in the
application for the special use permit;
(b)
Upon the occurrence of the events identified in this chapter;
(c)
Any failure or refusal to maintain the short-term rental in
compliance with the Village Code and the New York State Uniform Fire
Prevention and Building Code, and any other applicable laws and codes;
(d)
Any violation of this section or any standard or additional
conditions of the special use permit; or
(e)
Upon the occurrence of any conduct at the property which results
in the issuance of a misdemeanor or felony complaint against the owner
or any occupant of the short-term rental.
(6)
If a special use permit is revoked, all uses of the property as a
short-term rental shall cease within 30 days of the date of the Planning
Board's determination revoking said permit. A property for which
a special use permit was previously revoked may be the subject of
a new special use permit not sooner than 12 months after revocation.
