[Amended 1-28-1991 by L.L. No. 1-1991; 4-28-1997 by L.L. No.
4-1997; 5-18-1998 by L.L. No. 2-1998; 10-26-1998 by L.L. No.
4-1998; 1-22-2001 by L.L. No. 1-2001]
The following uses are permitted in the R-40
District by special permit only, to be reviewed, approved, or disapproved
by the board set forth in each subsection:
A. By the Zoning Board of Appeals: Recreational facilities;
playgrounds, swimming clubs, tennis courts and recreational buildings
not conducted as a business enterprise, provided that no building,
pool, spectator or active play area erected under the provisions of
this subsection shall be so erected nearer than 50 feet to any lot
line, and provided that the following operations shall be prohibited:
(1) Outdoor entertainment, live or mechanical.
(2) The use of outdoor public-address systems for any
purpose.
(3) Exterior lighting producing glare at the lot line
other than that essential for the safety of the users of the premises.
B. By the Board of Trustees: Reservoirs on lots of three
acres or more, and water towers and water tanks owned and operated
by a public utility, which water tank or water tower is located at
or above ground, on lots of three acres or more.
C. By the Zoning Board of Appeals: Telephone exchanges
and public utility substations, communications centers for emergency
and other purposes, and any and all other public utility facilities
which are or support the primary function of the public utility company,
provided that such facilities are housed in buildings that harmonize
with the character of the neighborhood and have adequate fences and
other safety devices and screening and landscaping as shall be required
by the Zoning Board of Appeals. A public utility company shall be
a corporation or company for which the Public Service Commission of
the State of New York has issued a certificate certifying that the
company is a public utility.
D. Camps, subject to special permit by the Village Board,
provided that:
(1) They have a minimum lot area of 50 acres.
(2) Access to such facilities shall be limited to improved
state, county, town or Village roads which are major collector roads.
Subdivision (residential) roads shall not be used for access to such
uses.
(3) Such facilities shall be adequate to preclude the
necessity of pedestrian traffic outside the approved facility.
(4) The facility may include bungalows, cottages and tents
for temporary use by visitors or patrons of such camps, provided that
no heating or plumbing facilities are installed to permit year-round
residential communities.
(5) One year-round residence for a caretaker may be provided
for each 50 acres.
(6) Trailers and recreation vehicles shall not be permitted.
(7) No building, ballfield, swimming facility or other
property use shall be permitted within 125 feet of a residential property
line, except that the Planning Board may permit a reduction where,
because of topography or the installation of additional buffer landscaping
and/or fencing, the Planning Board determines that any potential adverse
external effect of such use will be minimized.
(8) Site plan approval by the Village of Pomona Planning
Board shall be obtained. Such site plan shall address the following:
(a)
Adequate parking for buses, staff and visitors
shall be provided.
(b)
No camp shall be operated so as to create a
nuisance to surrounding properties. The Planning Board shall attach
such conditions to the permit and may require such other facilities
as are required to protect neighbors from excessive light or as are
required to protect neighbors from excessive light or noise. No outdoor
public address systems shall be permitted.
(c)
Water facilities by either well or municipal
water shall be provided subject to approval by the Rockland County
Health Department.
(d)
Sewer disposal by municipal sewer or septic
tanks shall be provided subject to approval by the Rockland County
Health Department.
(e)
The location, nature and height or buildings
for summer residence, dining facilities, temporary structures, walls
and fences shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings.
(f)
Building coverage, including accessory buildings
and structures, shall not exceed 10% of the lot area, nor shall the
sum total of the land covered with buildings and parking, including
driveways, exceed 25% of lot area, within any residence district.
(g)
In addition to the special standards described
above, the use shall comply with any other special requirements deemed
appropriate by the Planning Board.
E. Wireless telecommunication services facility, subject
to special permit approval by the Village Board of Trustees and the
following requirements:
(1) The following special permit standards and requirements
shall apply to all wireless telecommunication services facilities.
(2) Purpose. The purpose of these special regulations
is to reasonably control the location, construction and maintenance
of wireless telecommunication facilities in order to encourage the
siting of wireless telecommunication services facilities in nonresidential
areas and to protect, to the maximum extent practicable, aesthetic
impacts, the open space character of the Village of Pomona, the property
values of the community, the health and safety of citizens and a citizen's
ability to receive communication signals without interference from
other communication providers, while not unreasonably limiting competition
among telecommunication providers.
(3) Use. Except as provided hereinafter, no wireless telecommunication
services facility shall be located, constructed or maintained on any
lot, building, structure or land area in the Village of Pomona except
in conformity with the requirements of this subsection and all other
applicable regulations.
(4) Location and access. A wireless telecommunication
services facility shall be located on Village-owned lands or facilities.
If, because of unreasonable technological, financial or structural
limitations or unless otherwise waived, modified or required by the
Village Board of Trustees for aesthetic, safety or other reasons,
location on Village-owned lands or facilities is not practicable,
such facility shall be located on lands with commercial or nonresidential
uses before locating on any lands used exclusively for residential
purposes. Wherever possible, such facility shall be attached to an
existing building or structure. To the maximum extent practicable,
existing roadways shall be used to provide access to the site of a
wireless telecommunication services facility.
(5) Collocation.
(a)
The shared use of existing public utility and
wireless telecommunication services facilities shall be strongly encouraged.
The Village shall maintain an inventory of existing wireless telecommunication
services facilities (the "Existing Facilities Inventory") including
utilities that are obligated under the Federal Telecommunications
Act of 1996 to provide wireless telecommunication service carriers
with nondiscriminatory access to their facilities. Collocation shall
be required unless it has been demonstrated to the satisfaction of
the Village Board of Trustees that:
[1]
Adequate and reliable wireless telecommunication
service cannot be provided from any alternative sites identified on
the Existing Facilities Inventory or other existing sites with communication
antennas within the service area in a reasonable financially and technologically
feasible manner consistent with the wireless telecommunications service
provider's system requirements;
[2]
None of the alternative sites identified on
the Existing Facilities Inventory or other existing sites with communication
antennas within the service area can accommodate the proposed wireless
telecommunication services facility with respect to structural or
other engineering limitations, including frequency reuse incompatibilities;
or
[3]
The owner of the alternative sites identified
on the Existing Facilities Inventory or other existing sites with
communication antennas within the service area lawfully refuse to
permit the applicant use of the site.
(b)
All new wireless telecommunication services
facilities and premises shall be of proper size, location and design
to accommodate collocation of other service providers' facilities,
unless otherwise permitted by the Village Board of Trustees.
(6) Setbacks. Wireless telecommunication services facilities,
except those on Village-owned lands or those structurally mounted
to an existing building or structure, shall be located not less than
two times the otherwise applicable setback requirements for principal
structures for the district in which the property is located, or the
height of the facility plus the otherwise applicable setback requirements
for principal structures for the district in which the property is
located, whichever shall be greater. Wireless telecommunication services
facilities structurally mounted to the roof of an existing building
or structure shall be set back from the side of the building or structure
so as to minimize its visibility, but in no case less than 10 feet.
(7) Freestanding structures. No freestanding wireless
telecommunication services facility shall be permitted except for
a monopole.
(8) Height limitations. Notwithstanding the following
height limitations, in no case shall a wireless telecommunication
services facility exceed the minimum height reasonably necessary to
accomplish the purpose it is proposed to serve.
(a)
The height of any antennas, or other associated
equipment, structurally mounted as part of a wireless telecommunication
services facility shall not exceed by more than 15 feet the highest
point of the existing structure on which such antennas or equipment
are affixed.
(b)
The height of any monopole utilized in a wireless
telecommunication services facility shall not exceed 150 feet in height
measured from the highest point of such facility to the finished grade
elevation of the ground immediately adjacent to the structure.
(9) Visual mitigation. The applicant/provider shall prepare
an impact assessment of the proposed wireless telecommunication services
facility based upon appropriate modeling, photography and other pertinent
analytical techniques as required by the Village Board of Trustees.
Landscaping and/or other screening and mitigation, including but not
limited to architectural treatment, use of neutral or compatible coloring
and materials, or alternative construction and transmission technologies
shall be required to minimize the visual impact of such facility from
public thoroughfares, important viewsheds and vantage points and surrounding
properties to the extent practicable, as determined by the Village
Board of Trustees. No signs shall be erected on any wireless telecommunication
services facility except as may be required by the Village Board of
Trustees for security or safety purposes.
(10)
Lighting. The wireless telecommunication services
facility shall not be artificially lighted unless otherwise required
by the Federal Aviation Administration or other federal, state or
local authority.
(11)
Operational characteristics. Unless otherwise superseded by the FCC, the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Village Board of Trustees. The applicant shall provide an annual certification of conformance with the applicable emissions standards and the requirements and conditions of special permit and site plan approval. The Village Board of Trustees may hire a qualified professional of its choosing to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established for the reimbursement of professional review fees for subdivision, site plan and special permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with §
130-25 of this Zoning Law.
(12)
Noise. Noise-producing equipment shall be sited
and/or insulated to prevent any detectable increase in noise above
ambient levels as measured at the property line.
(13)
Interference. Any interference, disruption of
signal or reception of radio, television or other wireless telecommunication
service resulting from the construction or operation of a wireless
telecommunication services facility shall be remedied as soon as practicable
by and at the expense of the responsible wireless telecommunication
services provider to the satisfaction of the Village Board of Trustees.
(14)
Utility service. Electrical and land-based telephone
lines extended to serve the wireless telecommunication services facility
sites shall be installed underground.
(15)
Safety provisions. A wireless telecommunication
services facility shall be designed and erected so that, in the event
of structural failure, it will fall within the required setback area
and, to the maximum extent possible, away from adjacent development.
(16)
Security provisions. A security program shall
be formulated and implemented for the site of a wireless telecommunication
services facility. Such program may include physical features such
as fencing, anti-climbing devices or elevating ladders on monopoles
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism.
(17)
Structural inspection and report. A monopole
over 50 feet in height shall be inspected by a professional engineer
licensed by the State of New York at the expense of the service provider(s)
each time a change is made to the equipment mounted or wiring installed
on the monopole, every three years on the anniversary of the initial
installation of the monopole or at any other time upon a determination
by the Building Inspector that the monopole may have sustained structural
damage, and a copy of the inspection report shall be submitted to
the Building Inspector.
(18)
Lease agreement. In the case of an application
for approval of a wireless telecommunication services facility to
be located on the lands owned by a party other than the applicant
or the Village, a copy of the lease agreement with the property owner
absent the financial terms of such agreement, together with any subsequent
modifications thereof, shall be provided to the Village Board of Trustees
and a copy shall be filed with the Village Clerk.
(19)
Removal. A wireless telecommunication services
facility shall be dismantled and removed from the property on which
it is located within 60 days when it has been inoperative or abandoned
for a period of one year or more from the date on which it ceased
operation. The applicant shall provide to the Village written notification
including identification of the date the use of the facility was discontinued
or abandoned by one or more of the service providers, acknowledgment
of the requirement to remove the facility and identification of the
plans for the future of the facility.
(20)
Application procedure.
(a)
An application or approval of a wireless telecommunications facility shall be submitted on the relevant forms for special use permit and site plan approval. Site development plan approval, in accordance with Chapter
119 of this Code, shall be required.
(b)
The operator of the wireless telecommunication
service shall submit a certificate of public utility and shall demonstrate
to the satisfaction of the Village Board of Trustees that there is
a compelling public need for such facility at the location(s) proposed
by the applicant. Such demonstration shall include the preparation
of existing and master effective service area plans which:
[1]
Minimize the number of such facilities within
the service area(s).
[2]
Maximize collocation and shared use of existing
public utility and wireless telecommunication services facilities.
[3]
Identify all existing and proposed wireless
telecommunication facilities which impact upon the service area covering
the Village of Pomona, including but not limited to topographic maps
of the Village with service coverage and service gap grids and all
proposed and other functionally acceptable locations for such facility(ies).
[4]
Analyze feasible alternatives to reasonably
minimize the visual impacts and exposure levels.
(c)
Any application for a wireless telecommunication
services facility shall include a statement and appropriate documentation
demonstrating that the Village's Existing Facilities Inventory has
been reviewed and, to the extent relevant to provide wireless telecommunication
services in the area which is the subject of such application, that
all reasonable efforts have been made to collocate such facility on
all sites identified in such Existing Facilities Inventory and all
other existing sites with communication antennas within the service
area.
(d)
As a condition of special permit approval, the
applicant shall be required to provide a written agreement, in recordable
form suitable for filing and prepared to the satisfaction of the Village
Attorney, acknowledging that it shall be required to allow the collocation
of other future wireless telecommunication service facilities unless
otherwise unreasonably limited by technological, structural or other
engineering considerations.
(e)
Where collocation of a wireless telecommunication
services facility is proposed for any such alternative site identified
on the Existing Facilities Inventory or other existing site with communication
antennas within the service area, the added wireless telecommunication
services facility shall be permitted, as an amendment to the existing
special use permit for such alternative site, by submission of an
application for a building permit and without the need for an application
for an amended special permit or site plan approval, provided that
such facility meets all of the otherwise applicable requirements of
this subsection and no physical modification other than the attachment
of the antennas and the installation of associated equipment to be
located on the ground is required. An amended written narrative and
certification report indicating conformance with all of the special
permit standards and conditions of site development plan approval
shall be provided in addition to all required information in support
of the required building permit. An as-built drawing of the modified
facilities shall be filed with the Building Department. The Building
Inspector shall provide written notification to the Village Board
of Trustees of such application for building permit.
(f)
The applicant and all future owners of the premises
and the wireless telecommunication services facility shall at all
times keep on file in the office of the Village Clerk the name, address
and telephone number of the owner and operator of such facility and
of at least one individual who shall have authority to arrange for
the maintenance of the premises and facility, and who shall be authorized
to accept service of notices and legal process on behalf of the owner
and operator(s) of the premises and facility and to bind the owner
to any settlement, fine, judgment or other disposition (other than
incarceration) which may result from any civil or criminal action
or proceeding instituted by the Village against such owner and/or
operator(s).
F. Educational institutions, as defined in §
130-4 of this chapter, subject to special permit approval by the Village Board of Trustees and site plan approval by the Planning Board. In addition to all other requirements of this Code for special permit and site plan approval, the following standards and requirements shall apply:
[Added 1-22-2001 by L.L. No. 1-2001;
amended 9-27-2004 by L.L. No. 5-2004]
(1) Minimum net lot area.
[Amended 1-22-2007 by L.L. No. 1-2007]
(a)
The minimum lot area for an educational institution
shall be a net lot area of 10 acres.
(b)
No portion of any land under water shall be counted toward the net lot area. Not more than 1/4 of any land which is defined as wetland by the U.S. Army Corps of Engineers, the New York State Department of Environmental Conservation and/or Chapter
126 of this Code or which is within a one-hundred-year-frequency floodplain or within access, utility or drainage easements or rights-of-way shall be counted toward the net lot area.
(c)
No portion of any land with unexcavated slopes
over 35% shall be counted toward net lot area. Not more than 25% of
any land with unexcavated slopes greater than 15% but less than 35%
shall be counted toward the net lot area.
(2) Maximum development intensity.
(a)
The total building coverage shall not exceed
10% of the net lot area.
(b)
The total floor area of the building(s) shall
not exceed 20% of the net lot area.
(c)
The total coverage of impervious surfaces (which
includes all buildings and structures, parking areas, driveways, sidewalks
and other areas covered in concrete, asphalt or packed stone) shall
not exceed 25% of the net lot area.
(3) Required road frontage and access. An educational
institution shall have a minimum of 250 feet of frontage on a public
road and shall provide sufficient and safe access to such public road.
(4) Required setbacks and screening. All buildings, recreation
areas, parking areas and other property uses and structures shall
be set back a minimum of 125 feet from each property line. Such setback
shall include a buffer area of a minimum of 35 feet in width consisting
of trees, shrubs, plants, fencing and/or other materials as determined
by the Planning Board to be sufficient to screen the educational use
from adjoining uses and streets.
(5) Required parking.
(a)
The following number of off-street parking spaces
shall be provided: one space per employee plus one per each eight
students in the 12th grade, or one per four seats of public assembly
area, whichever is greater.
(b)
The applicant shall be permitted to forego the
initial improvement of required parking spaces if it is proven, to
the satisfaction of the Planning Board, that such spaces are not needed
based on the parking demands of the proposed use. In such case, the
approved site plan shalt show the location(s) on the site where such
unimproved spaces could be provided and will be reserved for improvement
and use in the future. If determined necessary by the Planning Board,
the reserved parking spaces shall be constructed in accordance with
the approved site plan within six months after written notice is provided
by the Building Inspector to the property owner stating that the improvement
of all or a portion of the reserved parking spaces is necessary. All
unimproved parking spaces shall be used and maintained as landscaped
grounds until used for parking.
(6) Noise and exterior lighting.
(a)
The sources of exterior lighting shall be so
shielded that they are not visible beyond the boundaries of the lot
on which they are located.
(b)
No outdoor public address systems shall be permitted.
(7) Signage. One monument sign, limited to eight square
feet in area and set back 10 feet from lot lines, may be placed at
the main entrance to the school.
(8) Public water and sewer. The site shall be served by
public water and sewer.
(9) The Board of Trustees may impose such restrictions
and regulations which would avoid or minimize traffic hazards, impairment
of the use, enjoyment or value of property in the surrounding area,
or generally protect the health, safety and welfare of the neighborhood
and to otherwise implement the purpose and intent of this chapter.
(10)
The location and size of the use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith shall not
be hazardous.
(11)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the development and use of adjacent land and buildings.
(12)
A dormitory building is permitted as an accessory
use to an educational use provided it is located on the same lot as
the educational use and there shall be not more than one dormitory
building on the lot. A dormitory building shall not occupy more than
20% of the total square footage of all buildings on the lot.
[Amended 1-22-2007 by L.L. No. 1-2007]
(a)
The minimum distance between a dormitory building
and any other principal building or structure on the lot shall be
50 feet.
(b)
The minimum distance between a dormitory building
and any interior driveway or other accessory structure shall be 25
feet.
(c)
The maximum height of a dormitory building shall
be two stories or 25 feet, whichever is less.
(d)
No dormitory room or dwelling unit shall be
permitted in any cellar.
(e)
The dormitory building shall be equipped with
sprinkler and fire alarm systems and comply with all requirements
of the New York State Fire Prevention and Building Code.
G. By the Board of Trustees: House of worship as defined in §
130-4 of this chapter, subject to special permit approval by the Village Board of Trustees and site plan approval by the Planning Board. In addition to all other requirements of this Code for special permit and site plan approval, the following standards and requirements shall apply:
[Added 1-22-2007 by L.L. No. 2-2007]
(1) The minimum lot area for a house of worship shall
be a net lot area of three acres.
(a)
No portion of any land under water shall be counted toward net lot area. Not more than 1/4 of any land which is defined as wetland by the U.S. Army Corps of Engineers, the New York State Department of Environmental Conservation and/or Chapter
126 of this Code or which is within a one-hundred-year-frequency floodplain or within access, utility or drainage easements or rights-of-way shall be counted toward net lot area.
(b)
No portion of any land with unexcavated slopes
over 35% shall be counted toward net lot area. Not more than 25% of
any land with unexcavated slopes greater than 15% but less than 35%
shall be counted toward net lot area.
(2) The use shall have a minimum of 100 feet of frontage
on and access to a public road.
(3) The proposed structure meets all state requirements
for a place of public assembly, including the Fire Prevention and
Building Code.
(4) Adequate off-street parking on the same lot as the
house of worship shall be provided. A minimum of one parking space
for every 200 square feet of floor space shall be required. The Planning
Board may waive not more than 25% of the required number of parking
spaces if the Board determines that such spaces are not needed based
on the parking demands of the proposed use. The burden shall be on
the applicant to prove that such spaces are not needed.
(5) All buildings, structures and other uses, including
driveways and parking areas, shall be set back a minimum of 125 feet
from all property lines. Such setback area shall include a buffer
screening area of at least 35 feet which, in the judgment of the Planning
Board, will be adequate to screen the use from adjoining properties.
The buffer area may include trees, bushes, fences, walls, berms or
any combination of the aforesaid, to be determined by the Planning
Board.
(6) The total building coverage shall not exceed 10% of
the net lot area. The total coverage of impervious surfaces (which
includes all buildings, structures, parking areas, driveways, sidewalks
and other areas covered in concrete, asphalt or packed stone) shall
not exceed 25% of the net lot area.
(7) The sources of exterior lighting shall be so shielded
that they are not visible beyond the boundaries of the lot on which
they are located. No outdoor public address systems shall be permitted.
(8) One monument sign, limited to eight square feet in
area and set back a minimum of 10 feet from the lot line, may be permitted
at the front entrance to the house of worship. Illumination, if provided,
shall be indirect, and the source of such light shall not be visible
from adjoining properties or roads.
(9) The maximum height of buildings and structures shall
be 35 feet measured from ground level in front of the building or
structure. The height limitation shall not apply to church spires,
belfries, cupolas, domes, monuments and similar appurtenances that
are not used for human occupancy and do not extend more than 15 feet
above the roof of the building or structure.
(10)
Such other requirements as may be imposed by
the Board of Trustees to mitigate traffic, safety hazards, drainage,
aesthetics or other adverse impacts on adjacent properties or on the
neighborhood.
The following are permitted accessory uses in
the R-40 District:
A. Greenhouses, toolsheds, garages, carports and other
recreational facilities commonly associated with residential use.
B. Swimming pools and tennis courts, subject to the following
regulations:
(1) Such pool or court shall be completely enclosed by
a fence or wall not less than five feet in height and so constructed
as to deter climbing. All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device for
keeping the gate or door securely locked at all times when the pool
or court is not in actual use.
(2) If located within 50 feet of any lot line, such pool
or court shall be screened from the view of the adjacent properties.
Such screen shall be at least five feet high.
C. Temporary storage of mobile trailers and boats, provided
that they are not visible from the street and are properly screened
from adjacent property.
D. The keeping of no more than five household pets, exclusive
of pets under three months of age, but excluding the commercial breeding
or boarding of the same.
E. Customary home occupations, including professional offices or studios of dentists, physicians, lawyers, artists, musicians and teachers, but not including those uses and occupations excluded from the definition of home occupation in §
130-4 of this chapter, provided that:
[Amended 12-19-1994 by L.L. No. 4-1994; 1-27-1997 by L.L. No. 2-1997; 6-23-1997 by L.L. No. 7-1997]
(1) No display of goods or signs is visible from the street,
except as set forth in the regulations for signs.
(2) Such occupation is incidental to the residential use
of the premises and is carried on in the main building by a resident
therein with no more than two nonresident assistants.
(3) The primary residential purpose of the lot shall be
maintained; to this end, home occupation use of the property (inclusive
of permitted storage of all materials) shall be limited to not more
than 1,000 square feet or 25% of the gross floor area of the principal
residential structure, whichever is less.
(4) A home occupation shall comply with all other applicable
federal, state, county and local regulations.
(5) A home occupation shall not involve merchandising,
trade or the exchanging of commodities whether or not for profit by
sale or distribution to persons who come to the premises.
(6) Studios of music or dance which are not used for the
instruction of groups in excess of four pupils at one time, nor for
the giving of concerts or recitals.
(7) There shall be no exterior effect such as noise, traffic,
odor, dust, smoke, gas fumes, radiation or electromagnetic interference.
(8) There shall be provision for adequate off-street parking to accommodate the vehicles of persons connected with or visiting the permitted use, and there shall be no parking of such vehicles in public streets. Notwithstanding the provisions of §
124-12 of this Code, vehicles making deliveries of goods and picking up goods in connection with a permitted home occupation, having a gross empty weight in excess of 12,000 pounds, must obtain the permission of the Town Police Department having jurisdiction prior to such delivery and pickup; such vehicles shall not be parked along the highways, streets, lanes, thoroughfares and public roads within the Village of Pomona during the course of such deliveries and pickups, but shall be parked wholly upon the premises to which the delivery is being made and from which pickups are being made. The adequacy of off-street parking shall be determined by the Code Enforcement Officer.
F. Signs, limited as follows:
[Amended 1-27-1997 by L.L. No. 2-1997]
(1) One nameplate or professional sign with an area not
over 1 x 1 1/2 feet.
(2) One temporary nonilluminated sign advertising the
sale or rental of the premises on which such sign is situated, with
an area of not over four square feet, provided that such sign is not
located within 25 feet of any side lot line.
(3) Temporary signs for garage sales, provided that such
signs contain the address of the seller and date of the sale, are
displayed only one week prior to the sale and are removed within one
week after the sale.
G. The conduct of noncommercial regularly scheduled
gatherings of persons which are incidental to and secondary to the
use of the premises as a single-family residence, provided such use
complies with the requirements of the New York State Fire Prevention
and Building Code relating to places of assembly and occupancy limitations,
if applicable. The Building Inspector and/or Fire Inspector, as the
case may be, shall have authority to inspect the premises for compliance
with all safety requirements of the State Fire Prevention and Building
Code relating to the use. The use shall be conducted within the single-family
residence and shall not be permitted in a separate or accessory building
on the lot.
[Added 1-22-2007 by L.L. No. 2-2007]