A.
Purpose.
(1)
The purpose of these sign regulations is to promote and protect the
public health, welfare and safety by regulating existing and proposed
advertising signs and signs of all types. It is intended to protect
the 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)
These sign regulations are also 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.
General regulations. Except as otherwise provided, no person shall
erect, alter, or relocate any sign without first obtaining a sign
license from the Village of Medina. Within six months following the
effective date of this chapter, a license shall be obtained for any
preexisting sign, unless excluded by the exempt signs provision under
this section.
(1)
Application procedure. Applications shall be made in writing to the
Code Enforcement Officer on forms prescribed and provided by the Village
of Medina, and shall contain the following information:
(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 should be included. In addition, a full description of the
placement and appearance of the proposed sign should be included and
should cover the following:
[1]
Type of sign.
[2]
Location on the premises, specifically its position in relation
to adjacent buildings, structure and property line.
[3]
The method of illumination, if any, and the position of lighting
or other extraneous devices.
[4]
Graphic design, including symbols, letters, materials and colors.
[5]
The visual message, text, copy or content of the sign.
[6]
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)
License. Upon the filing of a completed application for a sign license
and the payment of the required fee, the Code 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
the sign is in compliance with all the requirements of this chapter
the Code Enforcement Officer shall, within 15 days, issue a license
for the erection of the proposed sign or for an existing sign. The
issuance of a license shall not excuse the applicant from conforming
to the other laws and ordinances of the Village or with the Codes
of New York State. If the erection of the sign authorized under any
such license has not commenced within six months from the date of
issuance, the license shall become null and void.[1]
(3)
License period and fees. All licenses issued pursuant to this section
shall expire on the 31st day of December next after the date of issuance.
The license fees may be set from time to time by the Village Board
of Trustees by resolution.
C.
Exempt signs that require no license. The following types of signs
may be erected and maintained without a license or permit or fees,
provided that such signs comply with the general requirements of this
section:[2]
(1)
Historical markers, tablets and statues, memorial signs and plaques;
name of buildings and dates of erection when cut into masonry surface
or when constructed of bronze, stainless steel or similar material;
and emblems installed by government agencies, religious or nonprofit
organizations. Such signs shall not exceed six square feet.
(2)
Flags
and insignia of any government, except when displayed in connection
with commercial promotion.
(3)
On-premises
directional signs not exceeding four square feet per face and six
feet in height. Business and personal names shall be allowed, excluding
advertising messages.
(4)
Nonilluminated
warning, private drive, posted or no trespassing signs not exceeding
two square feet per face.
(5)
Temporary
nonilluminated "for sale," "for rent," real estate signs and signs
of similar name, concerning the premises on which the sign is located
in a residential district, one sign not exceeding four square feet
per side. In a business or industrial zoning district, one sign not
exceeding 50 square 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 property.
(6)
Private-owner
merchandise sale signs for garage sales and auctions, not exceeding
four square feet and displayed no more than three times per year and
for no more than three consecutive days each time.
(7)
One
temporary sign for a roadside stand selling produce grown on the premises
in season, provided that such sign not exceed 24 square feet and not
be set on the public right-of-way.
(8)
Temporary
nonilluminated window signs and posters not exceeding 25% of the window
surface or displayed for more than 30 days.
(9)
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. All such signs shall be removed within seven
days following completion of the construction or repair.
(10)
Noncommercial speech signs, also known as "free speech signs," which
express an opinion or a statement unrelated to a business venture,
are permitted subject to the following conditions:
(11)
Political campaign posters, banners and similar devices not exceeding
four square feet in residential areas or 16 square feet in business
areas, provided that:
(12)
Temporary illuminated or nonilluminated signs, posters, banners or
other similar devices erected by not-for-profit community organizations
to advertise suppers, banquets, benefits, fund-raising events and
similar functions, and directional signs for meetings, conventions
and other assemblies may be erected provided that:
(13)
Holiday decorations, including lighting, are exempt for the provisions
of this chapter and may be displayed in any district without a permit.
(14)
Integral graphics or attached price signs on fuel pumps at gas stations.
D.
Prohibitions.
(1)
No
advertising sign shall be placed on premises other than the site of
the business advertised except as permitted under the exempt signs
provisions of this section.
(2)
The
total number of permitted signs on a single storefront shall not exceed
two, of which only one may be freestanding.
(3)
No
sign shall be illuminated by or contain flashing intermittent, rotating
or moving lights except to show time and temperature.
(4)
No
sign shall create a traffic hazard or impair or cause confusion or
unduly distract motorists or pedestrians traffic in its design, color
or placement. No 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.
(5)
No
sign shall be attached to a public utility pole or traffic control
structures nor reduce the effectiveness of traffic control devices
and signs needed to direct the public.
(6)
No
sign or sign supports shall be placed on the roof of any building.
(7)
No
sign shall consist of banner, pennants, ribbons, streamers, spinners
or similar fluttering or revolving devices.
(8)
No
exterior portable or temporary signs shall be erected, used or maintained
except for a new business, or a business in a new location, awaiting
installation of a permanent sign. In such an instance, the portable
or temporary sign may be utilized 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 construction standards of the district.
A separate license for such a sign shall be required.
(9)
Any
electronic message with a fixed or changeable display, which may be
changed by electrical, electronic or computerized process or remote
control, and may include animation or motion of any kind, words and/or
pictures, electronically projected text, images or graphics, and may
also include, but is not limited to, light-emitting diodes (LED),
video, television and plasma displays, fiberoptics, holographic images,
or other technology that results in bright, high-resolution text,
images and graphics.
[Added 1-25-2016 by L.L.
No. 1-2016]
E.
Nonconforming
signs. In the event that a sign lawfully erected prior to the adoption
or amendment of this chapter does not conform to the provisions and
standards of this section, then such signs should be modified to conform
or be removed according to the following regulations:
[Amended 5-10-2010 by L.L. No. 3-2010]
(1)
If
a nonconforming sign includes such features included under the prohibitions
provisions 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 Code Enforcement Officer to so comply.
(2)
If
an owner has complied, as necessary, with the above provision, yet
remains in a 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 (e.g., value standards in use
by the New York State Department of Transportation). Application for
such permit shall be filed with the Code Enforcement Officer within
six months of the adoption or amendment 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.
F.
Abandoned
signs. Except as otherwise provided in this chapter, any sign which
is located on property which becomes vacant and unoccupied for a period
of three months or more, or any sign which pertains to a time, event
or purpose which no longer applies, shall be deemed to have been abandoned.
Permanent signs applicable to a business temporarily suspended because
of a change of ownership or management of such business shall not
be deemed abandoned unless the property remains vacant for a period
of six months or more. An abandoned sign is prohibited and shall be
removed by the owner of the sign or owner of the premises. Failure
to remove an abandoned sign shall be a violation of this chapter.
The reuse of an abandoned, nonconforming sign, shall be prohibited
unless said sign is modified in such a way to bring it into compliance
with this chapter.
G.
Maintenance
of signs. Every sign shall, at all times, be in a safe and structurally
sound condition and maintained by replacement of defective or worn
parts, painting, repainting and cleaning. The Code Enforcement Officer
shall require compliance with all standards of this chapter. If a
sign does not comply with adequate safety standards, it shall be removed.
H.
Dangerous
or hazardous signs. No person shall maintain or permit to be maintained
on any premises owned, occupied or controlled by him any sign which
is either not structurally sound or creates an electrical hazard.
Any such sign shall be removed or repaired by the owner or user of
the sign or the owner of the premises.
I.
Gasoline
price signs. The price of gasoline offered for sale at retail for
use in motor vehicles shall be continuously posted on the individual
pump or other dispensing device from which such gasoline is sold by
a sign or placard, at least 12 inches in height and 12 inches in width,
which shall clearly state the selling price per gallon. The use of
a placard may be eliminated if the calling price appears on the face
of electronic computing-type dispensing pumps. No other sign or placard
stating the selling price of gasoline shall be posted or maintained
on the premises on which said gasoline is sold or offered for sale.
[Amended 5-10-2010 by L.L. No. 3-2010]
J.
Construction standards.
(1)
General regulations.
(a)
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (UL48) of Underwriters' Laboratories,
Inc., or an equivalent standard, and bear the seal of Underwriters'
Laboratories, Inc., or another acceptable service.
(b)
If such sign does not bear the Underwriters' Laboratories, Inc.
label, the sign shall be inspected and certified by the New York Board
of Fire Underwriters. All transformers, wires and similar items shall
be concealed. All wiring to freestanding signs shall be underground.
(c)
All freestanding signs shall be designed and constructed to
withstand a wind pressure of not less than 30 pounds per square foot
of surface area.
(d)
All signs, including wall-mounted and projecting signs, shall
be securely anchored, free from all hazards and employ acceptable
safety materials.
(e)
The total cumulative area of all signs permitted on a single
storefront shall not exceed the greater of 32 square feet or an amount
calculated at the rate of one square foot of sign area per lineal
foot of building frontage, plus one square foot of sign area for every
four lineal feet setback of the principal building on the property,
but in no such case shall the total sign area allowed exceed 64 square
feet.
(2)
Specific regulations of sign types. The following are descriptions
of signs varying in construction and type which shall comply with
the additional conditions set forth herein:
(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.
[2]
Wall signs shall not extend more than nine inches from the face
of the buildings to which attached except that copy-change signs may
extend 15 inches therefrom.
(b)
Projecting signs.
[1]
Projecting signs shall not have more than two faces.
[2]
The exterior edge of a projecting sign shall extend not more
than five feet from the building face or 1/3 the width of the sidewalk,
whichever is less.
[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 eight feet.
[4]
Projecting signs shall not extend above the level of the second
floor of the buildings to which attached or in any case be higher
than 12 feet.
[5]
No projecting sign shall be closer than 15 feet to the corner
of a building located at a street intersection.
(c)
Freestanding signs.
[1]
No freestanding sign shall be located less than two feet from
the front property line nor less than five feet from the side property
line. No freestanding sign may be located less than 50 feet from any
other freestanding sign. It shall not obstruct the view or constitute
a safety hazard.
[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 to the minimum setback requirements.
[3]
Except as otherwise provided herein, no freestanding sign shall
be more than 20 square feet per side for a double-faced sign.
[4]
No freestanding sign shall be more than 30 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 lower, to the highest point
of the sign, including supporting structures.
[5]
No freestanding sign stall extend over or into the public right-of-way
nor shall it overhang the property lines.
[6]
Freestanding signs under which a pedestrian walkway or driveway
passes shall have a ten-foot vertical clearance.
[7]
Masonry wall-type signs shall not exceed four feet in height
and shall not be placed so as to impair visibility for motorists.
K.
Design guidelines. The purpose of this subsection is to encourage
appropriate and compatible graphic design, material, colors, illumination
and placement of proposed signs.
(1)
Signs should be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed. Sign panels and graphics should relate with and not
cover architectural features and should be in proportion to them.
(2)
Signs should be appropriate to the types of activities they represent.
(3)
Layout should be orderly and graphics should be of simple shape,
such as rectangle, circle or oval.
(4)
No more than two typefaces should be used on any one sign or group
of signs indicating one message.
(5)
The number of colors used should be the minimum consistent with the
design.
(6)
Illumination should be appropriate to the character of the sign and
surroundings.
(7)
Groups of related signs should express uniformity and create a sense
of harmonious appearance.
(8)
After the issuance of a sign license and upon completion of installation,
the Code Enforcement Officer shall produce a photograph of the sign
to be kept on file with the license.
L.
Review and appeals. Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this section may appeal such decision, in writing, to the Zoning Board of Appeals as provided in § 254-95 and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.[3]
M.
Signs within historic districts or on historic buildings.
(1)
Purpose. Because the protection, enhancement and perpetuation of
buildings in the Village of Medina historic districts is vital to
the promotion of economic and cultural growth in the Village, and
due to the architectural resources unique in their significance to
the heritage of the Village, regulation of signage placed within the
historic districts and adjacent areas must ensure that such signage
is harmonious with the overall character of the historic districts.
(2)
Applicability. This subsection applies to all new signs, or to any
substantial change in an existing sign, placed within a designated
historic district or on or adjacent to a designated landmark in the
Village of Medina.
(3)
Application and licenses. Application for a sign license for all signs proposed to be place in a designated historic district or on or adjacent to a designated landmark in the Village shall be made as required by Subsection B of this section. Such application shall be subject to review by the Village Planning Board. The Village Planning Board shall consider the following factors in addition to the requirements of Subsections J and K of this section in reviewing applications:
(a)
Total signage shall not exceed 1 1/2 square feet per linear
foot of the facade to which the proposed sign(s) is affixed. If not
placed on a facade, total signage shall not exceed 32 square feet.
Signage area will include permanent window signs, facade signs and
hanging or projecting signs. Footage of hanging or projecting signs
will be considered doubled if visible from both sides. The total of
all visible sides of a hanging or projecting sign shall not exceed
32 square feet.
(b)
In evaluating the placement of the sign, the Village Planning
Board shall consider the original design and style, if such can be
ascertained, of the facade of the building to which the sign is to
be affixed. Signs should not obscure significant architectural features
(for example: arches, transom panels, sills, moldings and cornices)
of the building or adjacent buildings and should be proportionate
to the volume of the facade.[4]
(c)
No signs, except window signs approved as set forth herein,
shall be attached to the upper facade surfaces of a building (being
designated as above the lower window ledges of the second floor).
Business advertising located on upper wall surfaces is not appropriate
or acceptable signage on historic building or in historic districts.
(d)
Signage on awnings or canopies is permissible if within the
maximum area allowable under this subsection and approved as to color
and design as set forth herein, if otherwise compatible with the facade
to which it is attached. This type of signage is permitted on any
floor.
(e)
The material, color, shape, illumination and design of the sign
and its relationship to the site or building shall be considered to
determine its appropriateness to and compatibility with the character
of the historic district.
This section shall apply to all property within all districts
except the Central Business District.
A.
Location of off-street parking facilities.
(1)
Off-street parking facilities shall be located as hereinafter specified.
Where a distance is specified, such distance shall be walking distance
measured from the nearest point of the parking facility to the nearest
public entrance of the building that such facility is required to
serve.
(a)
For one- and two-family dwellings and for all types of residential
structures: on the same lot with the building they are required to
serve.
(b)
For multiple-family dwellings: not more than 200 feet from the
building they are required to serve.
(c)
For other uses: not more than 500 feet from the building they
are required to serve.
(2)
Parking spaces or parking areas, with the exception of driveways
to access parking spaces and areas, shall not be permitted within
required front yards.
(3)
No parking shall be permitted in the area between the edge of street
paving and the sidewalk or in any other pubic right-of-way areas.
(4)
Off-street parking shall be in side or rear yards only, and shall
be a minimum of 10 feet from property lines. Areas for parking of
more than five vehicles shall be screened from view by a fence of
acceptable design or by landscaping. All fence and landscaping installations
shall meet all the requirements for fences and landscaping set forth
in this chapter and all other Village requirements.
(5)
No motor vehicle with a gross weight of more than 10,000 pounds may
be parked on any parking lot within the scope of this section except
for such periods of time as are actually necessary to pick up or make
deliveries of merchandise; or to receive or discharge passengers;
or to provide services requested by the lot owner or construct authorized
structures or other improvements on such lot.
(6)
A permit for front yard parking may be granted by the Village Planning
Board for a property with side yard widths less than 10 feet. The
Village Planning Board may attach reasonable conditions to any such
permit.
(7)
A boat, boat trailer, camper or recreational vehicle may be stored
only in the rear or side yard.
B.
Design requirements.
(1)
All uses shall provide adequate off-street parking for all vehicles
parked during typical peak periods. Parking should be designed to
eliminate the need to back out on to public streets.
(2)
A parking space shall be not less than 10 feet by 20 feet, exclusive
of accessways and driveways. Single-family residences need not exclude
the driveway area.
(3)
Off-street parking areas with a capacity for more than 20 vehicles
shall delineate fire lanes and post no parking signs.
(4)
Any off-street parking areas subject to the Americans with Disabilities
Act shall provide handicapped parking in accord with the following
table:
|
Total Parking Spaces per Lot
|
Total Minimum Number of Accessible Spaces Required
|
Minimum No. of Van-Accessible Spaces with at Least 96-inch-wide
Access Aisles
|
Minimum No. of Accessible Spaces with at Least 60-inch-wide
Access Aisles
| |
|---|---|---|---|---|
|
1 to 25
|
1
|
1
|
0
| |
|
26 to 50
|
2
|
1
|
1
| |
|
51 to 75
|
4
|
1
|
2
| |
|
76 to 100
|
3
|
1
|
3
| |
|
101 to 150
|
5
|
1
|
4
| |
|
151 to 200
|
6
|
1
|
5
| |
|
201 to 300
|
7
|
1
|
6
| |
|
301 to 400
|
8
|
1
|
7
| |
|
401 to 500
|
9
|
2
|
7
| |
|
501 to 1,000
|
2% of the total spaces
|
1/8 of the total required spaces
|
7/8 of the total required spaces
| |
|
1,001 and over
|
20, plus 1 for each 100 over 1,000
|
1/8 of the total required spaces
|
7/8 of the total required spaces
| |
|
NOTE:
Handicapped accessible parking spaces shall be at least eight
feet wide, exclusive of the access aisle. Two handicapped accessible
parking spaces may share an access aisle.
| ||||
(5)
All off-street parking spaces shall be deemed to be required space
on the lot on which it is situated and shall not be encroached upon
or reduced in any manner.
(6)
Each off-street parking space shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall
be on any public street, walk or alley, and so that any motor vehicle
may be parked and unparked without moving or damaging another.
(7)
The collective provision of off-street parking areas by two or more
buildings or uses located on adjacent lots may be approved by the
Village Planning Board during site plan review, provided that the
total of such facilities shall not be less than the sum required of
the various buildings or uses computed separately.
(8)
No driveway to an off-street parking area shall be located closer
than 50 feet to the intersection of any two streets or within 20 feet
of any side lot line provided that sufficient distance will always
remain for all required radii for said driveway. The distance from
the driveway to the intersection shall be measured by extending the
curbline of the intersecting street until it intersects the curbline
of the driveway in question, extending such driveway curbline if necessary.
A minimum distance of 50 feet shall be maintained between two driveways
located on any one frontage.
(9)
Except where otherwise specified in this chapter, off-street parking
areas may be located in any yard space for nonresidential uses but
shall not be located closer than 30 feet to the right-of-way line
of all streets and no closer than 10 feet to any other property line.
(10)
Car stops or other suitable devices shall be installed to protect
fencing, landscaping and other screening devises from damage.
(11)
Stormwater drainage shall be installed to direct parking areas
stormwater runoff away from adjacent properties.
(12)
Parking facilities shall be provided with a snow storage area
to ensure that fencing, landscaping and other screening devices are
protected from snowplowing.
(13)
Driveways and parking areas shall be paved with concrete, asphalt
or crushed stone, and shall be maintained so as to afford safe passage
under normal use and weather conditions. Any holes or other hazards
that may exist shall be filled and necessary repairs or replacement
shall be made.
(14)
Driveway aprons shall be paved with concrete or asphalt.
(15)
Surfaces shall be constructed and maintained so as to be all
weather, durable and dustless.
(16)
Sidewalks crossing driveways, driveway aprons or parking areas
shall be concrete and shall comply with all applicable Village Code
requirements.
C.
Lighting.
(1)
All off-street parking areas and appurtenant passageways and driveways
(excluding areas serving one-family and two-family dwellings and farm
dwellings) shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street parking area shall be
so arranged as to direct light away from all adjoining property and
public or private roadways.
D.
Joint use. The off-street parking requirements of two or more uses,
structures or parcels of land may be satisfied by the same parking
or loading space used jointly to the extent that it can be shown by
the owners or operators of the uses, structures or parcels that their
operations and parking needs do not overlap in point in time. If the
uses, structures or parcels are under separate ownership, the right
to joint use of the parking space must be evidenced by a deed, lease,
contract or other appropriate written document to establish the joint
use.
E.
Existing nonconforming parking areas.
(1)
Parking spaces within the area between the edge of street paving
and the sidewalk or front yards in existence at the time of enactment
of this chapter shall be subject to review by the Village Planning
Board. Property owners shall apply to the Village of Medina Planning
Board for such review.
(2)
Such parking areas shall be paved with asphalt or concrete.
(3)
Curbing shall be installed to match existing curbing, if any.
(4)
Such areas shall be provided for adequate drainage and shall not
result in ponding of stormwater.
(5)
Such parking areas shall not be enclosed as carports or garages.
(6)
Applicants shall provide information to demonstrate that no other
practical parking alternative exists on the premises or demonstrated
extreme hardship. The Village Planning Board shall also consider the
general character of the surrounding neighborhood and the suitability
of the applicant's request.
(7)
Upon satisfactory review of an existing parking area between the
edge of street paving and the sidewalk, the Village Planning Board
may issue a permit to allow such area to continue in use. The Village
Planning Board may attach reasonable conditions to any such approval.
F.
Intensification of use. When the intensity of an existing use has
increased through the addition of dwelling units, gross floor area
or modification of the use, parking facilities shall be provided as
required by this chapter.
G.
Residential driveway regulations.
(1)
The maximum number of driveways opening to a Village street or alleyway
shall be one per 150 feet of frontage or less. Where frontage exceeds
150 feet, the Village Planning Board may, upon review, permit more
than one driveway opening.
(2)
The angle of driveway openings with Village streets and alleyways
shall be as close to 90° as practicable.
(3)
The maximum width of a driveway opening shall be 20 feet; the minimum
driveway opening width shall be nine feet.
(4)
The size and slope of any driveway storm drains and culverts within
the Village right-of-way shall be specified by the Village Superintendent
of Public Works. The owner shall bear all costs for pipe, grating,
paving and other construction materials required within the Village
right-of-way.
(5)
Brush and trees shall be trimmed so as to provide and maintain optimal
sight lines.
H.
Minimum parking standards. Off-street parking spaces shall be provided
and maintained by the owner of the property in accord with the following
schedule:
|
Use
|
Minimum Space Required
| |
|---|---|---|
|
Single-family and two-family dwellings
|
2 spaces per dwelling
| |
|
Multiple-family dwellings
|
1 space for each efficiency unit
2 spaces for each one-bedroom unit
2 spaces for each two-bedroom unit
3 spaces for each three-bedroom unit or larger unit.
| |
|
Senior citizen apartment buildings
|
1 space per dwelling
| |
|
Home business: Class A
|
4 spaces, excluding the number of spaces required for the dwelling
| |
|
Bed-and-breakfast inns
|
1 space for each guest bedroom, plus 2 spaces for the residence.
| |
|
Outdoor recreational facilities
|
To be determined through site plan review.
| |
|
Churches, auditoriums, theaters, funeral homes and other places
of public assembly
|
1 space for each 4 seats at maximum capacity.
| |
|
Veterinarian offices/animal hospitals
|
1 space per 200 square feet of floor area, plus 1 space per
every 2 employees
| |
|
Private schools/preschools
|
1 space for each instructor, plus 1 space for each 6 students.
| |
|
Libraries and museums
|
1 space for each staff member, plus 1 space for each 200 square
feet of public area
| |
|
Manufacturing, industrial, warehousing and wholesale
|
1 space for each 500 square feet of gross floor area
| |
|
Restaurants
|
4 spaces for each 1,000 square feet of net floor area
| |
|
Taverns, bars and night clubs
|
13 spaces for each 1,000 square feet of net floor area
| |
|
Motels/hotels
|
1 space for each guest bedroom
| |
|
Business and professional offices
|
4 spaces for each 1,000 square feet of net floor area
| |
|
Hospitals and nursing homes
|
1 space for each 4 beds or residents, plus 1 space for each
two employees
| |
|
Medical clinics and offices
|
5 spaces for each 1,000 square feet of net floor space
| |
|
Bowling alleys
|
5 spaces per alley
| |
|
Day-care centers
|
1 space per employee, plus 1 for each 6 persons enrolled
| |
|
Cemeteries
|
3 spaces per acre
| |
|
General retail stores
|
4 spaces for each 1,000 square feet of net floor area
| |
|
Financial institutions and banks
|
1 space for each 200 square feet of floor area for customers,
plus 1 space per employee
| |
|
Personal service businesses (barbershops, beauty salons, dry
cleaners, etc.)
|
1 space for each 200 square feet of gross area, plus 1 space
per each employee
| |
|
Building materials storage and sales
|
1 space for each 200 square feet of sales floor areas, plus
1 space per company vehicle
| |
|
Gasoline station
|
To be determined through site plan review.
| |
|
Real estate offices
|
1 space per 300 square feet of floor area, plus 1 space per
employee
| |
|
Riding stables
|
1 space per each 2 horse stalls
| |
|
Private schools (elementary and intermediate)
|
1 space for each faculty member, plus 1 for each 2 staff members
| |
|
Secondary schools
|
1 space for each faculty member, plus 1 for each 2 staff members,
plus 1 for each 10 students.
| |
|
Motor vehicle sales and service
|
1 space per 200 square feet of sales floor area, plus 1 space
per 600 square feet of service floor area
| |
|
Health and fitness clubs
|
7 spaces per each 1,000 square feet of net floor area
|
I.
Mixed occupancies and uses not specified. In any case of mixed uses,
the total requirements for off-street parking facilities shall be
the sum of the requirements for the various uses computed separately.
In the case of a use not specifically mentioned in this section, the
requirements for off-street parking facilities shall be determined
by the Village Board of Trustees. Off-street parking facilities for
one use shall not be considered as providing required parking facilities
for any other use, except as herein specified for joint use.
A.
For every building, structure or part thereof having more than 4,000
square feet of gross building area erected and occupied for commerce
and industry as well as other uses requiring the receipt and distribution
of materials and merchandise by vehicles, adequate space for loading
and unloading services shall be provided and permanently maintained
in order to avoid undue interference with the public use of streets,
alleys, or parking areas.
B.
Every building, structure or addition thereto having a use which
complies with the above definition shall be provided with at least
one truck standing, loading and unloading space on the premises not
less than 12 feet in width, 55 feet in length, and 14 feet in height.
One additional truck space of these dimensions shall be provided for
every additional 20,000 square feet or fraction thereof of gross area
in the building.[1]
In order to encourage the sound development of street frontage,
the following special regulations shall apply to all nonresidential
buildings and uses:
A.
The maximum number of driveways opening to a Village street or alleyway
shall be one per 150 feet of frontage or less. Where frontage exceeds
150 feet, the Village Planning Board may, upon review, permit more
than one driveway opening.
B.
The use of common access points by two or more permitted uses shall
be encouraged by the Village Planning Board in order to reduce the
number of access points along a street in close proximity to each
other and to encourage the fronting of significant traffic generating
uses on parallel access streets and not directly on Village streets.
C.
Access points for industrial uses shall not be less than 24 feet
nor more than 40 feet in width. All other access points for nonresidential
uses shall not be less than 20 feet nor more than 30 feet in width.
D.
All accessways shall meet the applicable standards and requirements
of the New York State Department of Transportation, Orleans County
Highway Department and Village Superintendent of Public Works.
E.
No driveway providing access to an off-street parking area shall
be located within 20 feet of any side lot line, or within 50 feet
of a street intersection measured along the curbline of the same street
on which the driveway is located. In addition a minimum distance of
50 feet shall be maintained between two driveways located on any one
frontage.
A.
Building permit required. A building permit is required for all fences, freestanding walls or retaining walls constructed in the Village of Medina except for decorative fences less than two feet in height used for protection of home gardens or as lawn accents and being of visually nonobstructive construction. A site plan showing the site property lines and proposed fence or wall location shall accompany all permit applications. No permit shall be required for temporary fences under Subsection D of this section.[1]
B.
Fence building and maintenance regulations.
(1)
All fences, walls or retaining walls extending beyond the front facade
of a residential home shall be limited to a maximum height of four
feet. All other fences, walls or retaining walls in the Agricultural-Residential,
Residential Districts and the Central Business and General Business
Districts shall be limited to a maximum height of six feet. Fences
in the Light Industrial and Industrial Districts shall be limited
to a maximum of 10 feet.
(2)
The finished or good side of the fence or wall must face the closest
neighboring property except where written permission is made with
the adjoining property owner. Such written agreement must accompany
the permit application. All fences shall be set back a minimum of
one foot from any Village right-of-way.
(3)
Any fence erected along a lot line shall be erected wholly on the
property of the owner and neither the fence itself nor any supporting
accessory components thereof shall encroach upon the adjoining properties.
(4)
No fence or wall shall be constructed to a height greater than 30
inches, measured from the sidewalk grade in the triangular shaped
area of a corner lot adjacent to intersecting streets. The dimensions
of said triangular-shaped area shall be determined by establishing
a point on the front lot line and a point on the side lot line equal
distance from the corner of the intersection of the street lines that
when such points are connected by a straight line, the straight line
touches the comer or face of a structure if there is a structure,
except that the distance of the two points established on the front
and side lot lines need not be greater than 75 feet from the corner
intersection.
(5)
Fence posts shall be set in the ground to a depth of 42 inches. The
fence post must be surrounded in the ground by concrete or crushed
stone at least six inches greater than the post diameter. Masonry
fencing or walls must be supported with a foundation in the ground
to a depth of 42 inches. Metal post anchors are not permitted.
(6)
No fence or wall shall be erected which creates a traffic hazard
or endangers public safety.
(7)
Fences and walls shall be maintained in a good state of repair and
in a safe condition. Paint stain or wood preservative shall be applied
to wood and metal fences as necessary for maintenance. No fence or
wall shall be permitted to become unsightly or in a state of disrepair.
Fences comprised of shrubbery, hedge or other type of vegetation shall
be periodically trimmed so as to not obstruct any sidewalk or interfere
with any pedestrian, obscure the clear view at any street intersection
or exceed the permitted height for such fence.
(8)
Barbed-wire and electric fences are permitted on active farms in
the Agricultural-Residential District and only for the purpose of
confining farm animals to the premises.
(9)
Barbed-wire and razor-wire fences are permitted in the Light Industrial
and Industrial Districts, provided the barbed wire and razor wire
is used only as a barrier at the top of a security fence comprised
of some other fence material that is not injurious to humans. Minimum
height above grade for barbed wire and razor wire shall be eight feet.
Installations using barbed wire or razor wire shall require the approval
of the Village Planning Board, and the applicant shall submit information
to the Village Planning Board showing the necessity for use of such
wire.
(10)
No fence, wall of similar structure, as well as shrubbery, shall
be constructed or maintained in a manner having adverse effect on
public safety or present a hazard, dangerous condition or obstruction
to emergency personnel and equipment for combating fires.
(11)
All chain link fences shall be erected with the closed loop
at the top of the fence.
(12)
All entrance gates shall open into the property.
C.
Existing fences and walls. Existing fences and walls constructed before this regulation took effect shall be maintained as required by Subsection B of this section and in keeping with the original architecture of the fence or wall. Any significant changes in height, length or material made to an existing fence or wall will require that the fence or wall meet currently existing regulations.
D.
Temporary fences. Snow fences shall be permitted only on a seasonal
basis November 15 through April 15. Construction site safety-type
fences shall meet all Village, state and federal codes and shall be
allowed at construction sites only.
E.
Visibility at intersections. The Code Enforcement Officer shall have
the authority to direct the removal, trimming or modification of any
fence, wall, hedge vegetation; including plants, trees and flowers,
in the Village whenever the same shall interfere with the adequate
visibility of operators of motor vehicles at street intersections,
driveways or curbs.
No obstruction to view in excess of 30 inches in height, measured
perpendicular from the street grade, shall be maintained on any premises
within the angle formed by intersecting streets within the distance
of 75 feet measured along the center lines of each street from the
intersection thereof. Such a clear sight triangle shall be maintained
in order to ensure visibility of traffic approaching the intersection.
A.
All single-family dwellings shall have a gross habitable floor area
of not less than 900 square feet, except that manufactured homes located
in manufactured home parks shall be exempt from this requirement.
B.
The minimum width of a dwelling at its narrowest dimension, excluding
porches or patios, shall be 20 feet, except that manufactured homes
located in manufactured home parks shall be exempt from this provision.
C.
All manufactured homes manufactured after June 15, 1976, shall comply
with the minimum standards set forth in the Code of Federal Regulations
at 24 CFR 3280, as may be amended from time to time, and shall bear
a seal, plaque or tag of the U.S. Department of Housing and Urban
Development (HUD), or such other federal agency as may be subsequently
designated to enforce the provisions of said minimum standards, attesting
to compliance with 24 CFR 3280. All manufactured homes manufactured
before June 15, 1976, shall be in compliance with the Codes of New
York State.
D.
All dwellings must have a concrete or masonry foundation that extends
at least 42 inches below ground level, except manufactured homes which
must comply with the requirements set forth in Manufactured Home Park
Overlay District regulations set forth in this chapter.[1]
E.
Any dwelling that does not have a cellar for storage must have a
storage shed or garage on the lot. Such storage shed or garage will
provide necessary storage space to compensate for the lack of cellar
storage space. The minimum dimensions for a storage shed shall be
120 square feet and said storage shed shall be anchored to a concrete
foundation or concrete pad.
F.
No cellar sited independently of a structure shall be used exclusively
as a dwelling.
G.
The exterior siding shall consist of vinyl or aluminum lap siding,
wood, masonite, stucco or other materials similar to the exterior
siding commonly used in standard residential construction.
H.
The construction and installation of all structures, including seasonal
dwellings, manufactured homes and appurtenant utilities shall conform
to provisions of the Codes of New York State and all other applicable
standards.
I.
Not more than one building or structure on any one lot may be occupied
as a dwelling.
B.
All unlisted and Type I actions (6 NYCRR Part 617) shall require
the submission and review of an environmental assessment form.
C.
For zoning action reviewed by the Village, the following bodies shall
be lead agency unless otherwise delegated by the Village Board of
Trustees.
|
Action
|
Lead agency
| |
|---|---|---|
|
Zoning text amendments
|
Village Board of Trustees
| |
|
Zoning district amendments
|
Village Board of Trustees
| |
|
Special permits
|
Village Planning Board
| |
|
Site plan reviews
|
Village Planning Board
| |
|
Zoning variances
|
Village Zoning Board of Appeals
|
D.
If, in the opinion of the local lead agency, after review of the
environmental assessment form, there appears to be the potential for
significant environmental impact, the lead agency shall cause the
applicant to prepare a draft environmental impact statement. Review,
notice and action on the environmental impact statement shall be conducted
in accord with 6 NYCRR Part 617.
A.
Recreational vehicles shall not be occupied outside of an approved
campground.
B.
No more than one recreational vehicle may be parked on any residential
property at any time.
C.
Recreational vehicles shall not be parked in the front yard of a
parcel upon which there is a dwelling.
D.
Placement of parked recreational vehicles shall be in accordance
with the setbacks required for principal buildings in the respective
zoning district of the property.
Lots, structures, uses of land, and characteristics of uses
which lawfully existed at the time of the enactment or amendment of
this chapter and which would be prohibited or restricted under the
terms of these regulations may be continued subject to the following
provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming
uses to continue until they are removed, but not to encourage their
survival.
B.
General regulations.
(1)
A nonconforming lot shall not be further reduced in size.
(2)
A nonconforming building shall not be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
(3)
A nonconforming use shall not be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of the adoption of this chapter.
(4)
A nonconforming use may be changed into a conforming use. When a
nonconforming use is changed to conform to the requirements of this
chapter, the use of the building or tract of land shall not be changed
again except in accordance with these regulations.
(5)
Where such nonconforming use is upon the land itself and not enclosed
within a structure, such use may be continued upon the land being
so used at the time of the adoption or amendment hereof. Any such
nonconforming use of the land may be extended or expanded to include
any part of the plot or parcel of land now being used or held in reserve
for future use, however, such extension or expansion of such nonconforming
use shall comply with the setback and fencing requirements of this
chapter.
(6)
Should any structure be moved for any distance for any reason, it
shall thereafter conform to the requirements for the zoning district
in which it is located after it is moved.
C.
Restoration and alterations.
(1)
A nonconforming structure damaged by fire or other causes to the
extent of more than 75% of its assessed value, based upon the State
Board of Real Property Services rates, shall not be repaired or rebuilt
except in conformity with the requirements of these regulations; except
residential property owners may rebuild a home, on the same foundation
area, provided that:
(a)
The property owner provides the Zoning Enforcement Officer an
instrument survey demonstrating that the foundation lies totally within
the property boundaries.
(b)
The owner provides evidence of applicable County Health Department
approval for the new construction.
(c)
The new construction shall be in compliance with all other applicable
laws and regulations.
(2)
Any structure or portions thereof declared unsafe by a proper authority
may be restored to a safe condition.
(3)
Normal maintenance repairs and incidental alteration of a building
or other structure containing a nonconforming use shall be permitted,
provided it does not extend the area or volume of space occupied by
the nonconforming use.
(4)
Any building which is nonconforming due to insufficient yard distances
or lot area shall not be considered a nonconforming use. Any alterations
or structural changes may be accomplished within the existing frame
of said building, but any additions shall conform to the specific
setback and yard distance requirements of this chapter.
D.
Discontinuance.
(1)
In any district, whenever a nonconforming use of land, premises,
building or structure or any part or portion thereof has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future uses shall be in conformity with
the provisions of this chapter.
(2)
Such discontinuance of the active and continuous operation of such
nonconforming use or part or portion thereof, for such period of one
year, is hereby construed and considered to be an abandonment of such
nonconforming use, regardless of any reservation of an intent not
to abandon same or of an intent to resume active operations.
(3)
If actual abandonment in fact is evidenced by the removal of buildings,
structures, machinery, equipment and other evidences of such nonconforming
use of the land and premises, the abandonment shall be construed and
considered to be completed and all rights to reestablish or continue
such nonconforming use shall thereupon terminate.
E.
Existing undersized lots of record.
(1)
Any lot of record held in single and separate ownership prior to
the adoption of this chapter, and whose area and/or width and/or depth
are less than the minimum requirements specified herein for the district,
may be considered as complying with this chapter and no variance therefor
shall be required, provided that:
(a)
Such lots do not adjoin any other lot or lots held by the same
owner, the aggregate area of which lots is equal to or greater that
the minimum lot area required for the district;
(b)
For single-family residential properties, the side yards meet
the minimum side yard requirements for preexisting, nonconforming
lots as set forth in the Dimensional Requirements Table attached hereto.[2]
[2]
Editor's Note: Said table is included at the end of this chapter.
(2)
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
(3)
A lot of nonconforming size may be subdivided if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said owner's property.
The erection or construction and use of electric energy producing
devices powered by the wind shall be prohibited in all districts in
the Village except the Agricultural-Residential District in which
such use may be permitted as a special use.
All residential habitation shall be in residential dwellings
as defined by this chapter.
There shall be not more than one principal structure and not
more than one principal use on any one lot.
A.
The surface of the front yard of the principal building in any residential
district shall be at the front wall of such principal building on
a gradient of lot less than 1 1/2% above the established grade
of the sidewalk.
B.
Where unnecessary hardship due to topographic conditions is proven,
the Zoning Board of Appeals may vary the front yard gradient requirements,
except that minus gradients shall not be established closer than 12
feet to the front of the building line.
C.
Where the principal building is established on a terrace, the lot
shall be graded so that surface water will not be discharged on adjoining
lots.
Commercial and industrial uses shall utilize commercial refuse
containers for the disposal of commercial and industrial waste.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental
thereto. Any area of land consisting of more than one acre from which
topsoil has been removed or covered over by fill shall be seeded to
provide an effective cover within the first growing season following
the start of said operation. Open excavations shall not be maintained,
except those excavations made for the erection of a building or structure
for which a zoning permit and a building permit have been issued,
and only for such period of time as the zoning and building permits
are in full force and effect.
Private swimming pools shall be permitted in any residential
district, provided that there is an existing residence on said lot
and the following regulations are complied with:
A.
Setbacks.
(1)
Outdoor swimming pools shall be located in the rear or side yards
and shall conform to the minimum setback requirements for a structure
in the district. Aprons and decks which are accessory to a pool shall
not be within the minimum setback area specified in the schedule for
accessory uses.
(2)
No swimming pool shall be closer to the street or front lot line
than the front of the building or structure to which the pool is an
accessory use.
B.
Drainage. No permit shall be issued for such pool unless the applicant
can show that the proposed drainage of such pool is adequate and will
not interfere with the property of others, with public streets or
area drainage facilities.
C.
Permits. Zoning permits shall be required for all swimming pools
having a depth equal to or greater than 24 inches regardless of whether
the pool is temporary or permanent or whether the pool is above or
below ground.
D.
Fences. Fences and gates shall be required pursuant to the requirements
of the Codes of New York State.
E.
Ladders. Ladders on all aboveground pools shall be retractable or
capable of being locked during all times the owner or occupant of
the premises is not present at such pool.
Home occupations shall be permitted in any residential dwelling
in any district in the Village without the need for a special use
permit, provided the following standards and provisions are maintained:
A.
Employees. No persons other than a member or members of the immediate
family residing in the dwelling may be engaged in the home occupation.
B.
Area utilized for home occupation. No more than 25% of the gross
floor area of the residence shall be used for conducting the home
occupation.
C.
Customer and client traffic. The home occupation shall be conducted
in such a manner so as to generate no customer or client pedestrian
or vehicular traffic to or from the premises. The sale of merchandise,
products, goods, materials supplies or services on the premises shall
be prohibited.
D.
Deliveries and shipping. The home occupation shall be conducted in
such a manner that there are no deliveries to and no shipments from
the premises.
E.
Signage. The display of any type of signage on the premises related
to the home occupation shall be prohibited.
F.
Outdoor storage. There shall be no outdoor storage or display of
materials, goods, supplies or equipment related to the home occupation.
G.
Nuisances and hazards. No home occupation shall create noise, dust,
vibration, odor, smoke, glare, electrical interference, fire hazard
or any other hazard or nuisance to any greater or more frequent extent
than that usually experienced in a typical residential dwelling in
the neighborhood in which the home occupation is located.
H.
Evidence of use and maintenance of residential character. The appearance
of the dwelling shall not be altered, and the occupation within the
residence shall not be conducted in a manner that would cause the
premises to differ from the residential character of the dwelling
or the residential neighborhood in which the home occupation is located
by the use of colors, materials, construction, lighting or the emission
of noises, odors or vibrations. No mechanical, electrical or other
equipment that produces noise, electrical or magnetic interference,
vibration, heat, glare or other nuisance outside the dwelling used
for the home occupation shall be permitted.
I.
Home occupations exceeding thresholds. Any home occupation that exceeds the thresholds established in this section shall be deemed to be a home business, shall comply with the thresholds established for home businesses and shall require a special use permit (see §§ 254-71 and 254-72 of this chapter).
The keeping of any poultry or fowl or any horses, cattle, hogs,
sheep, goats, rabbits or other fleece-bearing or fur-bearing animals
or other customary farm animals on any parcel in the Village shall
be prohibited except on farms or riding stables within the AR Agricultural-Residential
District. The provisions of this section shall be enforced by the
County Animal Control Officer.
A.
Purpose and intent. The purpose and intent of this section is to
provide for the temporary use of land for special events in a manner
consistent with its normal use and beneficial to the general welfare
of the public. Furthermore, it is the intent of this section to protect
nearby property owners, residents and businesses from special events
which may be disruptive, obnoxious, unsafe or inappropriate given
site conditions, traffic patterns, land use characteristics, and the
nature of the proposed use. Finally, it is the intent of this section
to preserve the public health, safety and convenience.
B.
Special event defined.
(1)
The term "special event" shall mean a temporary, short-term use of
land or structures, not otherwise included as a permitted or accessory
use by these regulations, for one or more of the following types of
activities:
(a)
Type 1. Fund-raising or noncommercial events for nonprofit religious,
educational, or community service organizations, including any on-site
signs and structures in conjunction with the event.
(b)
Type 2. Temporary banners attached to the wall of a building
or placed across street rights-of-way.
(c)
Type 3. Promotional activities or devices intended to attract
attention to a specific place, business, organization, event or district,
such as signs, searchlights or balloons.
(d)
Type 4. Commercial activities intended to sell, lease, rent
or promote specific merchandise, services or product lines, such as
a tent sale, trade show, farmers market, Christmas tree sales, or
product demonstration.
(e)
Type 5. Public events intended primarily for entertainment or
amusement, such as concerts, festivals, carnivals, circuses or parades;
or large private events such as film production. In addition, the
temporary placement of a portable asphalt plant during construction
work on any public road when such placement is not adjacent to said
construction but will be placed within 1 1/4 miles of said construction.
(2)
The term "special event" shall not include amusement enterprises,
garage sales at an individual residence, transient merchants, or off-site
promotional signs.
C.
Special events subject to an administrative permit. Special events
meeting the following standards may be issued a special event permit
administratively by the Zoning Enforcement Officer. In administering
the provisions of this section, the Zoning Enforcement Officer shall
be guided by applicable Village policies as adopted by the Village
Board of Trustees. Any applicant denied a special event permit shall
be notified, in writing, of the reasons for the denial and of the
opportunity to appeal the denial to the Village Board of Trustees.
(1)
Special events meeting the Type 1 definition may be permitted administratively
by the Zoning Enforcement Officers, provided all of the following
performance standards are met:
(b)
The special event is conducted entirely on private property
owned or leased by the sponsoring organization as a permanent facility.
(c)
Any structure used in conjunction with the special event shall
meet all applicable yard setbacks, shall be the subject of a valid
zoning permit, and shall be promptly removed upon cessation of the
event.[1]
(d)
The special event shall be restricted to hours of operation
between 6:00 a.m. and 10:00 p.m., to a maximum duration of four days,
and to a maximum frequency for similar events of two times per calendar
year.
(2)
Special events meeting Type 2 definition may be permitted administratively
by the Zoning Enforcement Officer, provided that all of the following
performance standards are met:
(b)
No more than one banner will be displayed when attached to the
wall of a building.
(c)
The size and design of the banners will be appropriate given
the size of the building to which they are attached and the character
of the surrounding neighborhood.
(d)
The banner will be displayed for a maximum duration of 30 days
per permit.
(3)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of Subsection C(1) of this section., may be permitted administratively by the Zoning Enforcement Officer, subject to the prior review and approval of special arrangements for traffic and crowd control by the Chief of Police, Fire Chief of the appropriate Fire District, and Village Superintendent of Public Works. No such administrative permit shall be issued unless all of the following performance standards are met:
(b)
The special event will not cause undue traffic congestion or
accident potential given anticipated attendance and the design of
adjacent streets, intersections and traffic controls.
(c)
The activity shall not cause the overcrowding of parking facilities
given anticipated attendance and the possible reduction in the number
of available spaces caused by the event itself.
(d)
The special event shall not endanger the public health, safety,
or welfare given the nature of the activity, its location on the site,
and its relationship to parking and access points.
(e)
The special event shall not impair the usefulness, enjoyment
or value of adjacent property due to the generation of excessive noise,
smoke, odor, glare, litter or visual pollution.
(f)
Any structure used in conjunction with the special event shall
meet all sight distance requirements, shall be the subject of a valid
building permit, and shall be promptly removed upon the cessation
of the event.
(g)
The special event shall be conducted on private property where
the property owner has granted the appropriate permission.
(h)
The duration and hours of operation of the special event shall
be consistent with the intent of the event and the surrounding land
uses, but in no case shall the duration exceed 10 days.
D.
Special events subject to Village Board of Trustees approval. Any special event not meeting the criteria of Subsection C of this section may be granted a special event permit by the Village Board of Trustees. Such permit may be subject to such conditions and safeguards as the Village Board of Trustees may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(1)
Restrictions on the hours of operation, duration of the event, size
of the activity, or other operational characteristic.
(2)
The posting of a performance bond to help ensure that the operation
of the event and the subsequent restoration of the site are conducted
according to Village Board of Trustees expectations.
(3)
The provision of traffic control or security personnel to increase
the public safety and convenience.
(4)
Obtaining liability and personal injury insurance in such form and
amount as the Village Board of Trustees may find necessary to protect
the safety and general welfare of the community.
E.
Application and fee.
(1)
No special event permit shall be issued until an application has
been submitted to the Zoning Enforcement Officer and the appropriate
fee paid. The application shall be made on forms provided by the Zoning
Enforcement Officer, and shall be accompanied by the following items
as applicable:
(a)
A letter from the applicant describing the proposed event, the
hours of operation, the duration of the event, anticipated attendance,
and any structures, signs or attention-attracting devices used in
conjunction with the event.
(b)
A sketch plan showing the location of the proposed activities,
structures and signs in relation to existing buildings, parking areas,
streets and property lines.
(c)
A letter from the property owner or manager, if different from
the applicant, agreeing to the special event.
(2)
Each application for a special event permit shall be accompanied
by an application fee, except that such fee shall be waived for any
not-for-profit religious, educational or community service organization
or other applicant registered with the State of New York as a nonprofit
organization. The fees shall be as established and amended from time
to time by a resolution enacted by the Village Board of Trustees.
(3)
The special event permit shall be posted on the site of the event
for the duration of the event.
Accessory structures located in a side yard shall meet the same
front and side yard lot line setback requirements established for
the principal building.
[Added 1-12-2015 by Ord. No. 2-2015]
A.
BULK SOLID WASTE CONTAINER
CARGO CONTAINER
CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE
PORTABLE STORAGE CONTAINER
SEMITRAILER
TEMPORARY STORAGE STRUCTURES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A container intended for construction waste material or other
refuse, excluding garbage, for the purpose of removing said material
from a site.
A container intended for multimodal transportation via seagoing
vessel; train, and truck-trailer. These containers are self-contained
without axles or wheels.
A trailer, portable temporary container, or portable structure
with or without axles and wheels intended to support construction
activity at a site with an active building permit.
A self-storage container that is delivered to and retrieved
from a home or business for long-term off-site or on-site-storage.
Portable Storage On Demand or PODS are a familiar trade name for such
containers. These containers are not on a chassis and do not have
axles or wheels.
A mobile trailer of 53 feet or less in length with a chassis,
axles, and wheels that is towed by a truck or tractor.
A portable storage unit that does not have a permanent foundation
or footing and which includes cargo containers, portable storage containers,
truck trailers, construction traders, and bulk solid waste containers.
Such structures shall not be considered a building.
B.
Temporary storage structures. Temporary storage structures are intended
to provide temporary storage of household goods on residential property
and business-specific goods on professional, commercial, or industrial
used and/or zoned lands. Such temporary structures shall not interfere
with the normal operation of the permanent use on the property and
shall not be detrimental to property or improvements in the surrounding
areas. There shall also be no risk of injury to persons as a result
of such storage. The following conditions shall apply to all temporary
storage structures:
(1)
Cargo containers shall not exceed industry standards for width
and height, and shall not exceed 53 feet in length. The use of such
containers shall be limited to commercial or industrial used land.
Such containers shall be located to the rear or side of the principal
building and set back a minimum of five feet from side and rear property
lines. There shall be a maximum of two containers per site. No wide
or high loads will, be allowed. The use of such containers shall be
limited to no more than 60 days in any calendar year. In the event
the owner of the property suffers a catastrophic loss due to fire,
flood, or other physical calamity, the owner shall obtain a demolition
permit and/or building permit. Such containers shall be removed within
one week of the demolition or building permit expiration, the issuance
of a certificate of occupancy, or the issuance of a certificate of
completion.
(2)
Portable storage containers shall not exceed industry standard
for width, height and length, not to exceed 10 feet high by 20 feet
in length in residential used land. The use of such containers shall
be limited to residential, professional, or commercial used land.
On commercial and professional used land, such containers shall be
located to the rear or side of the principal building and setback
a minimum of five feet from side and rear property lines. On residential
used land, such containers shall be set back a minimum of five feet
from side and rear property lines and 10 feet from front property
lines. There shall be a maximum of one container per site. The use
of such containers shall be limited to no more than 60 days in any
calendar year. In the event the owner of the property suffers a catastrophic
loss due to fire, flood, or other physical calamity, the owner shall
obtain a demolition permit and/or building permit. Such containers
shall be removed within one week of the demolition or building permit
expiration, the issuance of a certificate of occupancy, or the issuance
of a certificate of completion.
(3)
Semitruck trailers shall not exceed 53 feet in length. The use
of trailers shall be limited to commercial or industrial used land.
No wide or high loads will be allowed.
(4)
Construction trailers/containers/portable structures may be
used on residential, professional, commercial, or industrial zoned
land provided there is an active building permit in place. Such structures
shall be set back a minimum of five feet from side and rear, property
lines and 10 feet from front property lines. Such structure shall
be removed within one week of the building permit expiration, the
issuance of a certificate of occupancy, or the issuance of a certificate
of completion. No wide or high loads will be allowed.
(5)
Bulk solid waste containers may be used on residential, professional,
commercial, or industrial used land. Such containers shall be sat
back a minimum of five feet from side and rear property lines and
10 feet from front property lines. Such container used in conjunction
with a demolition or building permit shall be removed prior to the
demolition or building permit expiration, the issuance of a certificate
of occupancy, or the issuance of a certificate of completion. Bulk
solid waste containers may also be used for the removal of miscellaneous
waste without a demolition or building permit. In this case, the use
of such containers shall be limited to no more than 45 days in any
calendar year.
(6)
No temporary storage structure shall be located so as to interfere
with traffic visibility.
(7)
No storage container shall encroach a sidewalk, fire lane, access
easement or street right-of-way.
