Village of LeRoy, NY Article V Supplementary Regulations

§ 215-42 Off-street parking space requirements.

A. For every building hereafter erected, altered or changed in use, there shall be provided at least the minimum number of off-street parking spaces set forth under this section.

B. All off-street parking for nonresidential and multifamily use shall be designed in such a manner as to allow vehicles to exit onto a street without backing out onto it.

C. Off-street parking in commercial and industrial districts may be provided in any yard space, but shall not be closer than 10 feet to any front property line. In residential districts, parking shall be provided in compliance with the Village's manual on acceptable parking layouts and may be provided in any yard space except front yard space. However, parking in front yard space shall be allowed on hard-surfaced driveways, provided that the parking of such vehicles shall not obstruct visibility for traffic and shall not exceed 1/4 of the front yard. The term "vehicle" as used in this subsection shall include but not be limited to automobiles, motorcycles, trucks, motor homes, campers and trailers, including recreational and boat trailers.

(1) Residential uses.

(a) One and one-half parking space(s) per dwelling unit. The total number of parking spaces required for a residential use, or combination thereof, shall be the calculated sum rounded up to the next whole number.

(b) Home occupation: three parking spaces, plus one additional parking space for every 200 square feet of office space or other nonresidential use, in addition to any other required spaces.

(2) Motel: three parking spaces, plus one space for every guest room.

(3) Places of public assembly: one parking space for every five seats or one parking space for every 100 square feet of floor area.

(4) Professional offices: two parking spaces, plus one space for every 200 square feet of office space.

(5) Commercial: one parking space for every motor vehicle used directly in the business, plus one parking space for every 200 square feet of business area.

(6) Restaurant, eating and drinking establishment (other than drive-in): one parking space for every 100 square feet of floor area.

(7) 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.

(8) Unspecified uses: as required by the Planning Board, based upon use intensity, turnover, customers, employees and vehicles used.

§ 215-43 Off-street loading space requirements.

Every building occupied for the purpose of business or industry shall provide adequate space for off-street loading and unloading vehicles.

§ 215-44 Modification of parking and loading requirements.

The Planning Board, under its powers of site plan review and approval, may modify requirements for parking and loading spaces.

§ 215-45 Land abutting a residential use.

Where in any district a commercial or industrial use is created adjacent to an existing residential use, a buffer strip shall be established by the nonresidential use along the lot line adjacent to the residential use.

§ 215-46 Gasoline station, gasoline station-market, motor vehicle repair shops, motor vehicle sales agency and drive-in business.

Gasoline stations, gasoline station-markets, motor vehicle repair shop, motor vehicle sales agencies, and drive-in business shall comply with the following:

A. Lots containing such uses shall not be located within 300 feet of any lot occupied by a school, playground, library or religious institution. Measurement shall be made between the nearest respective lot lines.

B. Lot size shall be at least 40,000 square feet.

C. Lot frontage shall be at least 200 square feet.

D. Lot depth shall be at least 150 feet.

E. Pumps, other service devices, and fuel and oil storage shall be located at least 30 feet from all lot lines.

F. Automobile parts and dismantled vehicles are to be stored within the building, and no major repair work is to be performed outside the building.

G. There shall be no more than two access driveways from any street. Maximum width of each access driveway shall be 30 feet.

§ 215-47 Public utility facility.

Public utility installations shall comply with the following:

A. Such facility shall be surrounded by a fence approved by the Planning Board.

B. The facility shall be landscaped in a manner approved by the Planning Board.

C. To the extent practicable, equipment shall be stored so as not to be visible from surrounding properties.

D. Any other requirements as determined by the Planning Board.

§ 215-48 Signs.

A. Purpose; intent.

(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 its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.

B. Permit required. It is unlawful for any person to erect or relocate any sign other than those identified as exempt in Subsection C of this section, within the Village without first obtaining a sign permit and paying the fee therefor as provided in this chapter.

(1) Application procedure. Applications shall be made in writing to the Zoning Enforcement Officer on forms prescribed and provided by the Village and shall contain the following information:

(a) Name, address and telephone number of:

[1] Applicant.

[2] Owner of the property.

(b) Location of the building, structure or land upon which the sign now exists or is to be erected.

(c) If a new sign is to be erected, elevation and plan drawings to scale shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall cover the following:

[1] Location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.

[2] The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the New York State Uniform Code permit, if required, related to the electrical connections.

[3] Graphic design, including symbols, letters, materials and colors.

[4] The visual message, text, copy or content of the sign.

(d) Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

(2) Permit. Upon the filing of a completed application for a sign permit and the payment of the required fee, the Zoning Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all requirements of this section, he shall then issue a permit for the erection of the proposed sign or for an existing sign. The issuance of a permit shall not excuse the applicant from conforming to other federal, state or local laws, ordinances and/or regulations. Every permanent sign shall bear the permit number, permanently and visibly shown. Failure to do so shall constitute cause for revocation of the permit.

C. Specific sign regulations.

(1) Exempt signs, which require no permits, include the following:

(a) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.

(b) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(c) On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, nonilluminated, not exceeding four square feet per face and six feet in height. Business names, logos or advertising messages shall not be allowed as part of such signs.

(d) Non-illuminated warning, private drive, posted or no trespassing signs, not exceeding two square feet per face.

(e) One on-premises sign, either freestanding or attached, in connection with any residential building in any zoning district, for permitted professional office or home occupation, not exceeding two square feet and set back at least 10 feet from the property line. Such sign shall state name and vocation only. Illumination shall not produce a direct glare beyond the limits of the property line.

(f) Number and name plates identifying residents, mounted on house, apartment or mailbox, not exceeding one square foot in area.

(g) Lawn signs identifying residents, not exceeding one square foot (per side). Such signs are to be nonilluminated, except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.

(h) Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet for a period not exceeding four days within a given month.

(i) Temporary nonilluminated "for sale," "for rent," real estate signs and signs of similar nature, concerning the premises upon which the sign is located. In a residential zoning district, one sign not exceeding four square feet per side. In a commercial or industrial zoning district, one sign not exceeding 50 feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.

(j) Temporary, nonilluminated window signs and posters not exceeding 50% of the window surface.

(k) Holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.

(l) Temporary directional signs for meetings, conventions and other assemblies.

(m) One sign, not exceeding six square feet in the residential districts, nor 16 square feet in the business districts, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress.

(n) Political posters, banners, promotional devices and similar signs, provided that:

[1] Such signs are removed within seven days of the election.

[2] Such signs comply with Subsection C(2) of this section.

(o) Signs required by federal, state, county or Village regulations (i.e., New York State registered motor vehicle shop and New York State inspection stations).

(2) Prohibited signs and acts.

(a) No off-premises signs shall be allowed other than as permitted under Subsection C(1) of this section.

(b) No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, sparklers, twinklers, foreign material, sound or smoke, except to show time and temperature. Strings of lights shall not be allowed.

(c) No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement. No such sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.

(d) No sign or sign supports shall be placed upon the roof of any building.

(e) No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

(f) No advertising message shall be extended over more then one sign placed along a street or highway.

(g) Temporary and/or portable signs, including copy-change signs, not otherwise specifically permitted in this section.

(h) Temporary and/or portable signs shall not be attached to or placed upon any tree, lamppost, utility pole, hydrant, bridge or fence located within a public right-of-way. Freestanding temporary and/or portable signs shall only be placed within a public right-of-way upon the issuance of a special use permit.

(3) Temporary signs. All signs of a temporary nature, except as otherwise provided by this section, shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. Such signs shall not exceed 16 square feet in business or industrial districts nor eight square feet in residential districts, nor be attached to fences, trees, utility poles, rocks or other facets of the natural landscape, nor be placed in a position that will obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety and welfare of the general public.

(4) Permanent signs.

(a) Residential districts.

[1] Signs advertising a use in a residential district, such as public or quasi-public buildings or buildings used solely for nonprofit, church, school, hospital or other like purposes, shall be permitted, provided that such sign is located on the same premises as the use that it advertises. No such sign shall exceed 12 square feet in area, and such sign shall be located not less than 10 feet from property lines.

[2] For large-scale multifamily developments, one project identification sign shall be permitted which shall not exceed 12 square feet in area and shall be situated not less than 10 feet from the property lines. The sign may include only the name of the property, the street address, and the presence or lack of vacancies.

(b) Commercial and industrial districts.

[1] The total number of permitted signs on a single business or industrial lot shall not exceed one sign per wall per use and one freestanding for the building.

[2] The total cumulative sign area of all signs permitted on such lot shall be calculated at the rate of 1.5 square feet of sign area per lineal foot of building frontage, but in no case shall exceed 100 square feet, whichever is less, except as provided for in Subsection C(4)(b)[6] below. In calculating the total cumulative sign area, only one side or wall of a building shall be used.

[3] A minimum total sign area of 24 square feet shall be permitted for any use, regardless of building frontage.

[4] The surface area of a freestanding sign shall be calculated as follows: freestanding sign area up to 25 square feet (per side) shall be deducted from the total sign area permitted on a one-to-one basis; freestanding sign area between 25 square feet and 40 square feet (per side) shall be deducted from the total sign area permitted on a four-to-one basis; freestanding sign area over 40 square feet shall be prohibited, except as set forth in Subsection C(4)(b)[5] below.

[5] Malls or plazas.

[Amended 11-28-2001 by L.L. No. 4-2001]

[a] Where groups of two or more contiguous stores are located together in a shopping center (mall or plaza) or where a lesser number of stores total not less than 20,000 square feet of gross leasable area, one common freestanding sign denoting the name of the shopping facility shall be permitted, not exceeding 50 square feet per side and with bottom panel not less than eight feet above grade. All other signs shall be attached to buildings, of a wall or soffit type, and coordinated in material, shape, lettering, color and/or decorative elements. Total sign area permitted for the entire shopping center shall be calculated at the rate of one square foot of sign per linear foot of building frontage, and such exterior signs shall be permitted upon, and identify only, the uses which allow direct public access from outside the mall building.

[b] Where groups of two or more continguous stores are located together in a shopping center (mall or plaza), signs shall be allowed as follows:

[Added 11-28-2001 by L.L. No. 4-2001]

[i] The sign identifying the shopping area as a whole shall be set back from the edge of the public right-of-way at least 15 feet.

[ii] The maximum height of the entire sign structure shall be no more than 25 feet above grade level.

[iii] The total sign area of the structure shall not exceed 80 square feet.

[iv] Tenant reader board signs identifying individual businesses shall be allowed on the main sign as follows:

[A] Tenant reader board signs shall not extend beyond the perimeter of the main sign and must be directly below the main sign.

[B] Each tenant sign shall be a total of four square feet and all tenant signs shall be uniform in shape.

[c] All such signs, both main signs and tenant signs, shall have site plan review and approval before installation is allowed.

[Added 11-28-2001 by L.L. No. 4-2001]

[6] Representational signs shall not project in any direction more than four feet beyond the principal structure to which they are attached, or extend over a public right-of-way, and shall not exceed 15 square feet. Only one such sign per establishment shall be permitted, with the area of such sign structure deducted from the total sign area permitted.

[7] Illuminated signs which indicate the time, temperature, date or similar public service information shall not exceed 32 square feet and shall not employ less than 60 percent of the total sign area, each side, for said public service information.

[8] Gasoline service stations shall additionally be permitted two price/product (type of gas: i.e. regular, no lead, etc.) signs each, not exceeding six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the pavement, not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists. The sign area for these signs shall be deducted from total sign area for that building.

(5) Portable signs.

(a) A new business, or a business in a new location, awaiting installation of a permanent sign, may utilize a portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such a portable sign must meet all the construction standards of the New York State Uniform Fire Prevention and Building Code. A separate permit for such a portable sign shall be required.

(b) Movable signs. Movable signs are not permitted except in front of retail stores or commercial establishments located in commercial and industrial districts, as defined in Chapter 215, Zoning.

[Added 11-23-1992 by L.L. No. 4-1992]

[1] One movable sign, standing on legs not over four foot in total height and three foot in total width, may be allowed by permit for each establishment.

[2] The sign must not obstruct pedestrian traffic or vehicular vision.

[3] The sign may be displayed between sunrise and sunset only during regular business hours.

[4] A sign located on Main Street must be placed directly against the building, unless there is a planter in front of said building. In that case, the sign may be placed west or east of the planter on the planter's edge.

[5] The permit holder shall provide liability insurance naming the Village of LeRoy as an additional insured in the amount of at least $500,000.

(6) Nonconforming signs. In the event that a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such a sign should be modified to conform or be removed according to the following regulations.

(a) If a nonconforming sign includes such features included under the prohibitions provisions in Subsection C(2) of this section, then such sign shall be modified by its owner to comply or be removed within 30 days after the owner receives written notice from the Zoning Enforcement Officer to so comply.

(b) If an owner has complied, as necessary, with the above provisions, yet remains in nonconformity in other respects, he may apply for a permit to maintain the nonconforming sign for a fixed period based on the remaining undepreciated useful life of such sign, as determined by an appropriate depreciation formula (i.e., value standards in use by the New York State Department of Transportation). Application for such permit shall be filed with the Zoning Enforcement Officer within six months of the effective date of this chapter and shall include satisfactory proof of the date of erection of said sign. A permit to continue a nonconforming sign shall in no case exceed five years.

(c) A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair.

(7) Removal of signs. Any sign, existing on or after the effective date of this amendment, which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located, shall be removed. In addition, where the permit for a sign is revoked for any reason, the sign shall be removed immediately.

(a) If the Zoning Enforcement Officer shall find that any sign regulated in this section is not used, does not advertise a current product or service available on the property, is abandoned, unsafe or insecure or is a menace to the public, the Zoning Enforcement Officer shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Zoning Enforcement Officer shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.

(b) The Zoning Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.

(8) Construction standards. All signs shall be constructed and installed in conformance with the New York State Uniform Fire Prevention and Building Code.

(a) Wall signs.

[1] Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building. Such signs shall be limited to three feet in height.

[2] Wall signs shall not extend more than nine inches from the face of the building to which attached, except that copy-change signs may extend 15 inches.

[3] Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of eight feet.

[4] Copy-change wall signs shall be permitted on theaters only.

(b) Freestanding signs.

[1] No freestanding sign shall be located less than 10 feet from the front property line nor located less then five feet from the side property line. No freestanding sign may be located less than 50 feet from any other freestanding sign.

[2] If for any reason the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform with the minimum setback requirements.

[3] No freestanding sign shall be more than 25 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is less, to the highest point of the sign, including supporting structures.

[4] No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang the property lines.

[5] Freestanding signs under which a pedestrian walkway or driveway passes must have 10 feet vertical clearance.

[6] Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.

(c) Projecting signs.

[1] Projecting signs shall not have more than two faces and shall not be more than three feet in height. For the purposes of this subsection, projecting signs shall be considered those signs which extend more than nine inches from the face of a building, unless such sign is a copy-change sign, which may extend up to 15 inches before being considered a projecting sign.

[2] The exterior edge of a projecting sign shall extend not more than five feet from the building face or extend over a public right-of-way or property line.

[3] No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of 10 feet.

[4] Projecting signs shall not extend above the level of the second floor of the building to which attached or in any case be higher than 12 feet.

[5] No projecting sign shall be closer than 15 feet from the corner of a building located at a street intersection.

(d) Other signs.

[1] Window signs.

[a] The area of a permanent window sign(s) shall not exceed 25% of the area of the window.

[b] Copy-change window signs shall not exceed three square feet.

[2] Sign directories. Sign directories shall contain identification of and direction to several business enterprises, but shall contain no promotion advertising.

[3] Awning signs.

[a] No sign shall project from an awning.

[b] Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the name and/or address of the enterprise or premises.

[c] Awning graphics shall be a single line of lettering not exceeding six inches in height.

D. Appeal procedures. Any person aggrieved by a decision of the Zoning Enforcement Officer relative to the provision of this section may appeal such decision in writing to the Board of Appeals as provided in § 215-14 and shall comply with all procedural requirements prescribed by the Board of Appeals.

§ 215-49 Fences.

The installation or placement of a fence within the Village does not require a permit, provided that the following criteria are met:

A. All fencing.

(1) All fencing must be installed, or replaced, in conformance with the New York State Uniform Code. Fencing shall be located on an individual's own property and not on adjoining property or directly upon a property line.

(2) No fencing shall be installed or replaced which poses a potential hazard to either pedestrians or motorists by restricting vision.

(3) It shall be up to the discretion of the property owner erecting a fence which side of the fence faces towards his property and which side faces away from his property.

(4) It shall be the responsibility of the property owner whose land contains a fence to maintain that fence so that it remains structurally sound and does not aesthetically detract from neighboring properties. The property owner is also responsible to see that any vegetation (i.e. grass, weeds) around a fence is regularly mowed. Failure on the part of a property owner to maintain his fence in accordance with these provisions shall constitute a violation of this chapter.

B. Fencing in front yards.

(1) Fencing located within front yards shall be located not closer than one foot to the edge of a public sidewalk or three feet from the front property line, whichever is less.

(2) Fencing located in the front yard, to a depth not to exceed the appropriate minimum required front yard, as set forth in Zoning Schedule A,[1] shall not exceed three feet in height for closed fencing, or four feet in height for open fencing. For the purposes of this section, the term "open fencing" shall refer to fencing which is at least 75% open (i.e., chain link type fencing). Fencing which is less than 75% open shall be considered closed fencing.

[1] Editor's Note: Zoning Schedule A is included at the end of this chapter.

(3) Plantings, hedges and bushes used in lieu of a man-made fence as set forth above (i.e. a hedge) shall not exceed three feet in height.

C. Fencing in side and rear yards. Fencing located in side or rear yards shall not exceed six feet in height.

§ 215-50 Exterior security lighting.

Exterior security lighting (i.e., mercury vapor, high pressure sodium, spot or floodlights) shall not be installed or maintained so as to shine directly in or upon adjoining residential dwellings. Such lighting shall not be installed or maintained so as to pose a hazard for vehicular traffic.

§ 215-51 Adult uses.

A. Definitions. As used in this article, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises, by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas of an establishment with a segment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT CABARET

A public or private establishment, which is licensed to serve food and/or alcoholic beverages, which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

ADULT MINI MOTION-PICTURE THEATER

An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relative to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons therein.

PERSON

Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal.

(2) Acts of human masturbation, sexual intercourse or sodomy.

(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

B. Restrictions. Adult uses, including but not limited to adult bookstore, adult motion-picture theater, adult mini motion-picture theater and adult entertainment cabaret shall be permitted upon the issuance of a special use permit (limited to industrial districts only), subject to the following restrictions:

(1) No such adult uses shall be allowed within 500 feet of another existing adult use.

(2) No such adult use shall be located within 25 feet of the boundaries of any zoning district which is zoned exclusively for residential use (those zones designated Residential 1 or 2).

(3) No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.