[Added 5-16-2007 by L.L. No. 2-2007]
A. Purpose and findings.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1) The purpose of this section is to protect the public health, safety,
and welfare of persons and property within the Village of Corinth
and, in accordance with the Comprehensive Master Plan of 2002, "provide
adequate areas for industrial growth" and simultaneously "take steps
toward protecting the character of (the Village's) neighborhoods and
Main Street."
(2) This section will accomplish this goal by promoting pollution prevention
via prohibiting the burning and/or processing of solid waste, commercial
waste, agricultural waste, industrial waste, C&D debris and/or
municipal solid waste for any purpose at any location within the Village
of Corinth and use of any fuel source for purposes of the recovery
or generation of electricity at a nonresidential premises without
a special use permit from the Corinth Village Board of Trustees (the
"Village Board" or the "Board").
(3) This section will ensure that solid waste, commercial waste, agricultural
waste, industrial waste, C&D debris and/or municipal solid waste
management continues to be conducted in a safe, sanitary, efficient
and environmentally sound manner within the Village and will protect
the residents of the Village from the effects of solid waste, commercial
waste, agricultural waste, industrial waste, C&D debris and/or
municipal solid waste burning and/or processing, including:
(a)
Unaesthetic results, including odors, blowing litter, increased
traffic, dust and noise;
(b)
Deterioration or perceived deterioration in property values
associated with adjacent or proximate burning and/or processing operations
that may interfere with the orderly development of properties; and
(c)
Threats to public health or the environment by contamination
of air, land, surface waters or groundwaters.
(4) This section is also intended to exercise the Village's police powers
pursuant to the Municipal Home Rule Law and to restrict waste disposal
operations within the Village that might otherwise be permitted under
the Environmental Conservation Law of the State of New York. Section
27-0711 of the Environmental Conservation Law specifically recognizes
and authorizes the right and authority of a village to legislate stricter
controls on solid waste management operation than state law requires.
(5) The Village Board recognizes the following in enacting this section:
(a)
The burning and/or processing of solid waste, commercial waste,
agricultural waste, industrial waste, C&D debris and/or municipal
solid waste within the Village may present a threat to the safety,
health, and well-being of the residents of the Village and may impede
the goals of the Comprehensive Master Plan as set forth above.
(b)
The Village's existing community character would be adversely
and unalterably impacted by permitting the burning and/or processing
of solid waste, commercial waste, agricultural waste, industrial waste,
C&D debris and/or municipal solid waste within the Village.
(c)
Solid waste regulation under the New York Environmental Conservation
Law (ECL) and 6 NYCRR 360 deals with technical regulatory matters
and is inadequate to relieve the foregoing concerns, including effects
on land use and planning within the Village.
(d)
The State Environmental Conservation Law invites local government
to establish more strict standards necessary, in its judgment, to
promote and protect the well-being, health and safety of its citizens.
B. Definitions. For the purposes of interpreting this section, the definitions in §
500-39 of this chapter shall be controlling.
[Amended 8-15-2007 by L.L. No. 4-2007; 5-7-2014 by L.L. No. 1-2014]
C. Restrictions.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1) No person shall be permitted to burn and/or change in any way the
chemical composition of solid waste, commercial waste, agricultural
waste, industrial waste, C&D debris and/or municipal solid waste
at any location within the Village of Corinth for any purpose.
(2) In addition, no person shall be permitted within the Village of Corinth to use any fuel source in order to recover or produce any type of energy, other than heat to be used on a residential premises or generators providing a secondary source of power to residential or commercial properties solely in the event of a power outage or wholly temporary uses such as public events that require electrical power, without a special use permit granted by the Village Board pursuant to this section, §
500-10 and the Village Law of the State of New York. Persons must apply to the Village Board and provide such information and documentation as the Board may reasonably require in deciding upon an application. No person who receives a special use permit shall accept, handle, import, transport, or handle any solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste created or generated by any other party or from any location outside of the Village.
D. Penalties for offenses.
(1) Any person violating any of the provisions of this section shall
be guilty of a misdemeanor and, upon conviction thereof, be punished
by a fine not exceeding $1,000 for each offense or by imprisonment
in the Saratoga County Jail for not more than 60 days or by both such
fine and imprisonment. When a violation of this section is continuous,
each 24 hours thereof shall constitute a separate and distinct offense.
The Board shall also have the power to bring a civil action to restrain
by injunction any violation of this section in a court of competent
jurisdiction.
(2) Should the Board deem it necessary for the protection of the health
and well-being of the residents of the Village of Corinth, the Board
or its duly authorized representatives may enter upon the premises
of any person or legal entity in violation of this section for purposes
of monitoring, cleanup and controlling, in any way it deems necessary,
the prohibited material located on said premises. The expenses and
costs associated with said monitoring, cleanup and/or control shall
be assessed against the offending person or entity who or which owns
or controls said premises and/or shall be assessed against the real
property which is the subject of said monitoring, cleanup and/or control
of prohibited material and shall constitute a lien and charge against
said real property until fully and completely discharged.
(3) Any person violating this section shall be subject to a civil penalty
enforceable and collectible by the Village in the amount of $1,000
for each offense. Such penalties shall be collectible by and in the
name of the Village for each day that such violation shall continue.
E. Effect on other laws and powers.
(1) This section shall be deemed to amend, supersede and repeal any other
ordinances and local laws to the extent inconsistent therewith.
(2) Nothing herein shall be deemed to be a waiver of, or restriction
upon, any rights and powers available to the Village to further regulate
the subject matter of this section.
F. Coordination with state law. All relevant sections of Article 27
of the Environmental Conservation Law and 6 NYCRR 360 to 364 and 617
are deemed to be included within and as part of this section, and
any violation thereof shall be considered to constitute a violation
of this section.
[Added 12-5-2018 by L.L.
No. 2-2018]
A. Intent and purpose:
(1) Through site plan review, it is the intent of this section to promote
the health, safety and general welfare of the Village. A clean, wholesome,
attractive environment is declared to be of importance to the health
and safety of the inhabitants of the Village, and, in addition, such
an environment is deemed essential to the maintenance and continued
development of the economy of the Village and the general welfare
of its inhabitants.
(2) It is further the intent of this section to ensure the optimum overall
conservation, protection, preservation, development and use of the
natural and people-related resources of the Village by regulating
land use activity within the Village through review and approval of
site plans. It is not the intent of this section to prohibit per se
any land use activity, but to allow all land use activities which
will meet the standards set forth in this section.
(3) Site plan review is required for those land use activities identified
as requiring site plan review approval in Schedule 1. No construction, development or site preparation shall
be undertaken, and no building permit shall be issued for any such
use unless and until the Planning Board has approved, with or without
conditions, the site plan for such use. No building permit for a use
requiring site plan approval shall be valid without site plan approval.
B. Authorization of Planning Board to review site plans. The Planning
Board is hereby authorized to review and approve, disapprove or approve
with conditions the site plans for land uses within the Village as
hereinafter designated pursuant to and in accordance with the standards
and procedures set forth in this section.
C. Applicability of review requirements:
(1) Exemptions. Unless proposed in association with a project currently subject to site plan approval or otherwise required herein, the following uses and activities are exempt from site plan approval but may still be subject to relevant requirements of Chapter
500, Zoning, of the Code of the Village of Corinth.
(a)
Construction or expansion of a single-family dwelling and ordinary
accessory structures and related residential land use activities.
(b)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this section.
(c)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(d)
Exterior alterations or additions to existing structures which
would not increase the square footage of the existing structure by
more than 10%.
(e)
Nonstructural agricultural or gardening uses.
(f)
The sale of agricultural produce and temporary structures related
to sale of agricultural produce.
(g)
Garage, lawn and porch sales not exceeding three consecutive
days or a total of nine days in any calendar year.
(2) Any person uncertain of the applicability of this section to a given
land use activity and/or unsure of the subject property's previous
permits and approvals may apply in writing to the Code Enforcement
Officer for a written jurisdictional determination.
D. Effect on existing uses. This section does not apply to uses and
structures which are lawfully in existence as of the date this section
becomes effective. Any use which would otherwise be subject to this
section that has been discontinued for a period of one year or more
shall be subject to review pursuant to the terms of this section before
such use is resumed. Any use or structure shall be considered to be
in existence provided that the same has been lawfully and substantially
commenced as of the effective date of this section and fully constructed
and completed within one year from the effective date of this section.
E. Relationship to other laws and regulations. This section in no way
affects the provisions or requirements of any other federal, state
or local law or regulations. Where this section conflicts with any
other such law or regulation, the more restrictive shall apply.
F. Special use permit and site plan review:
(1) Special use permit. A use that requires a special use permit shall
also require site plan approval.
(2) Site plan review. The Planning Board shall conduct site plan review
independently or in conjunction with its review of a special use permit
application. Such review may occur concurrent with or subsequent to
special use permit review.
G. Any term used in this section which is not defined hereinabove shall
carry its customary meaning unless the context otherwise dictates.
H. Application procedures and placement on agenda. For a site plan matter to be placed on the Planning Board's meeting agenda, the required application materials pursuant to Subsection
L of this section, Application for site plan approval, shall be submitted to the Code Enforcement Officer at the Village of Corinth Village Hall at least seven days prior to the date of the next Planning Board meeting. To schedule a preapplication review meeting with the Planning Board as described in Subsection
K of this section, Preapplication review meeting, a request for a meeting shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted to the Code Enforcement Officer at the Village of Corinth Village Hall at least seven days prior to the next Planning Board meeting at which the preapplication review meeting is requested to be scheduled.
I. Completeness review:
(1) Initial review. During the first meeting at which a site plan application
is first presented as an agenda item, the Planning Board shall determine
whether the application is complete for the purposes of commencing
the review process. If an application is determined to be incomplete,
the Planning Board shall notify the applicant as to what aspects of
the application submittal are lacking or are otherwise insufficient
to start the review process. The applicant has the right to request
a written notice of incomplete items from the Planning Board.
(2) Site plan review time frames. The time frames for Planning Board
action during the review process shall not commence until the submission
of a fully complete application with supporting documents and materials
and the determination by the Planning Board that the application is
complete.
(3) Preapplication review meeting. Scheduling of a sketch plan review
meeting may resolve confusion and thereby save time by allowing an
opportunity for the applicant and the Planning Board to identify what
documentation will be expected to constitute a complete application.
Holding a preapplication meeting will not guarantee that the Planning
Board will deem the subsequent application complete.
J. Multiple uses. For projects involving two or more contiguous parcels
on which more than one use requiring site plan approval is proposed,
the applicant may submit a single application for all such uses. The
Planning Board may grant the application with respect to some proposed
uses and not others. For the purposes of reviewing an application
(and for SEQRA compliance) all proposed uses on a single parcel or
on contiguous parcels shall be considered together.
K. Preapplication review meeting:
(1) At the request of an applicant, a preapplication review meeting may
be held between the Planning Board and the applicant prior to the
preparation and submission of a formal site plan. The intent of such
a meeting is to enable the applicant to inform the Planning Board
of his/her proposal prior to the preparation of a detailed site plan
and for the Planning Board to review the basic site design concept,
advise the applicant as to potential problems and concerns and to
generally determine the information to be required on the site plan.
(2) To accomplish these objectives, it is recommended that the applicant
provide the following:
(a)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features; anticipated changes in the existing topography and natural
features; and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations;
(b)
An area map showing the parcel under consideration for site
plan review and all properties, subdivisions, streets, rights-of-way,
easements and other pertinent features within 200 feet of the boundaries
of the parcel; and
(c)
A topographic or contour map of adequate scale and detail to
show site topography.
(3) At the request of the applicant, the Planning Board will provide
the applicant with a list of information to be submitted with the
site plan application as well as any recommendations the Planning
Board may have made with respect to the proposed application during
the preapplication meeting. Upon submission of a formal site plan
application subsequent to a preapplication meeting, the Planning Board
reserves the right to request additional information necessary to
deem the application complete.
L. Application for site plan approval:
(1) An application for site plan approval shall be made in writing by
submitting nine copies to the Code Enforcement Officer and shall be
accompanied by the information contained on the following checklist.
Where a preapplication meeting was held, the accompanying information
shall be determined by the Planning Board at said preapplication meeting.
(2) Site plan checklist. A site plan checklist shall include the following:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property, including all driveways, plotted
to scale, preferably 1:40.
(e)
Grading and drainage plan, showing existing and proposed contours,
rock outcrops, depth to bedrock, soil characteristics, watercourses
and wetlands.
(f)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings and structures.
(g)
Location, design and type of construction of all driveways,
parking areas and truck loading areas, showing access and egress,
including all driveways.
(h)
Provision for pedestrian access, sidewalks and bike paths, if
any.
(i)
Location of outdoor storage, if any.
(j)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(k)
Description of the method of sewage disposal and location, design
and construction materials of such facilities.
(l)
Description of the method of securing public water and location,
design and construction materials of such facilities.
(m)
Location of fire and other emergency zones, including the location
of fire hydrants.
(n)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(o)
Location, size and design and type of construction of all proposed
signs.
(p)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(q)
Location and design of outdoor lighting facilities.
(r)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
(s)
General landscaping plan and planting schedule.
(t)
An estimated project construction schedule.
(u)
Record of application for and status of all necessary permits
from other governmental bodies.
(v)
Identification of any permits from other governmental bodies
required for the project's execution.
(w)
Other elements integral to the proposed development as may be
considered necessary in the particular case by the Planning Board.
(3) Waivers. The Planning Board may waive one or more of the application
requirements set forth in § 500-15L of this section with
a simple majority of Planning Board members.
M. Reimbursable costs:
(1) Consultant reviews. In certain instances where the Planning Board
determines an application, or any aspect thereof, requires one or
more consultants to assist the Planning Board, said Board may require,
in addition to the required application fee, a deposit in an amount
sufficient to reimburse the Village for reasonably estimated costs.
Said amount shall be based on the specific fee schedule of the consultant
or consultants retained as well as the scope of services to be provided
by such consultant(s).
(2) Escrow deposit:
(a)
The Village shall hold such deposit in escrow for the sole purpose
of paying the costs and fees of the consultant(s) retained for review
of the application. The consultant(s) retained shall provide the Village
with detailed invoices showing the services rendered for the time
period billed and the Village shall provide the applicant with an
opportunity to review said invoices prior to payment. Additional deposits
may be required as the review process continues. Any deposited amounts
that remain at the end of the process shall be returned to the applicant.
(b)
If funds within an escrow account fall below one quarter of
the initial deposit and future consultant work is anticipated which
will exceed the remaining balance, the Planning Board reserves the
right to suspend the associated site plan application review process
until funds sufficient to cover expected consultant costs are deposited.
N. Site plan review criteria - general standards and considerations.
The Planning Board's review of the site plan shall include, as appropriate,
but is not limited to, the following general standards and considerations:
(1) Consistency with the Comprehensive Plan.
(2) Location, arrangement, size, design and general site compatibility
of buildings, structures, lighting and signs.
(3) Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(4) Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(5) Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience, sidewalks and bicycle paths, if
any.
(6) Adequacy of stormwater and drainage facilities.
(7) Adequacy of water supply and sewage disposal facilities.
(8) Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(9) Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(10)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(11)
Overall impact on the neighborhood, including compatibility
of design considerations.
(12)
Overall impact on scenic, aesthetic, recreational, wildlife,
historic, ecological and natural resources of the Village and Adirondack
Park.
(13)
Overall impact on public health and safety.
O. Reservation of parkland. For any site plan containing residential
units, the Planning Board may require the reservation of parkland
or payment of a recreational fee pursuant to New York State Village
Law.
P. Specific standards and considerations. The following shoreline standards
and considerations shall apply in conjunction with the subject uses
or in the designated areas:
(1) All construction on any shoreline lot shall be carried out in such
manner as to minimize interference with the natural course of such
waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground- and surface water into the waterway, to remove only
that vegetation which is necessary to the accomplishment of the project
and to generally maintain the existing aesthetic and ecological character
of the shoreline.
(2) Any boat pump-out or other connection to provide for the accommodation
of sanitary wastes shall be connected to an adequate disposal system.
(3) Any marina, boat service facility or any storage of petroleum products
shall include adequate provisions for ensuring that any leak, rupture
or spill will be contained and not be introduced into or affect the
nearby water sources.
(4) Any paved area or otherwise improved parking, loading or service
area within 100 feet of any shoreline shall be designed and constructed
to prohibit surface runoff and the entrance of any chemical pollutants
or earthen siltation into the waterway.
Q. Compliance with state standards. The Planning Board shall comply
with the provisions of the State Environmental Quality Review Act
(SEQRA) under Article 8 of the Environmental Conservation Law and
its implementing regulations.
R. Public hearing and Planning Board decision:
(1) The Planning Board has the discretion to hold a public hearing on
the application if the Planning Board determines that there are factors
involved that warrant the need for public input through a public hearing.
(2) When considering if a public hearing should be held, the Planning
Board shall consider factors that are relevant to the proposed project,
site and surrounding properties, including, but not limited to, the
following:
(a)
The potential for moderate to significant increases in traffic;
(b)
Projects that involve nonresidential uses proposed adjacent
to residential uses, public parks or schools;
(c)
Projects requiring the construction of new parking lots;
(d)
Projects proposed to be in both the Village of Corinth and an
adjoining community;
(e)
Projects that require extension of municipal water and/or sewer;
and
(f)
Projects that may have neighborhood, community and/or regional
implications.
(3) Planning Board responsibility.
(a)
If a public hearing is considered desirable by a simple majority
of members of the Planning Board, the following shall apply:
[1]
The Planning Board shall hold the hearing within 62 calendar
days from the date the application was deemed complete.
[2]
The Planning Board, by resolution, shall fix the place, date
and time of the public hearing.
[3]
The Planning Board shall mail a notice of said hearing to the
applicant at least 10 days before said hearing at which he or she
shall appear in person or by agent.
(b)
The Planning Board shall give legal notice of the hearing in
the Official Village newspaper at least five calendar days prior to
the date thereof. When the application is for a site plan review and
approval on property that is within 100 feet of an adjacent municipality,
notice shall be given, in accordance with § 239-m of the
General Municipal Law, to the clerk of the adjacent municipality at
least 10 days prior to the public hearing.
S. County referral:
(1) Referral to County Planning Agency. Upon receipt of the application
materials deemed to be complete by the Planning Board, the Planning
Board shall refer the application to the Saratoga County Planning
Board in accordance with General Municipal Law § 239-m,
as amended.
(2) Such referral shall be necessary for any application for site plan
approval affecting real property within 500 feet of the boundary of:
(b)
Any existing or proposed county or state park or other recreational
area;
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
(d)
Any existing or proposed right-of-way for a stream or drainage
channel owned by the county for which the county has established channel
lines;
(e)
Any existing or proposed county or state-owned land on which
a public building or institution is situated;
(f)
A farm operation within an agricultural district as defined
in Article 25AA of the Agriculture and Markets Law.
(3) No action shall be taken on applications referred to the Saratoga
County Planning Board until its recommendation has been received,
or 30 days have elapsed after its receipt of the complete application,
unless the county and Village agree to an extension beyond the thirty
day requirement of the county's review.
(4) County disapproval or recommendation for modification. A majority-plus-one
vote of the Planning Board shall be required to approve any site plan
which receives a recommendation of disapproval or a recommendation
to modify the proposed project from the county because of the referral
process specified above, along with a resolution setting forth the
reasons for such contrary action.
T. Planning Board decision:
(1) Within 62 days of the conclusion of the public hearing, the Planning
Board shall render a decision. In its decision, the Planning Board
may approve, approve with modifications, approve with conditions or
disapprove the site plan. The period in which the Planning Board must
render its decision can be extended by mutual consent of the applicant
and the Planning Board.
(2) Approval. Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Village, the Planning Board
shall endorse its approval on a copy of the site plan and shall immediately
file it and a written statement of approval with the Village Clerk.
A copy of the written statement of approval shall be mailed to the
applicant by certified mail, return receipt requested.
(3) Approval with modifications or conditions. The Planning Board may
conditionally approve the final site plan. A copy of a written statement
containing the modifications required by the conditional approval
will be mailed to the applicant by certified mail, return receipt
requested. After adequate demonstration to the Planning Board that
all conditions have been met and payment by the applicant of all fees
and reimbursable costs due the Village, the Planning Board shall endorse
its approval on a copy of the site plan and shall immediately file
it and a written statement of approval with the Village Clerk. A copy
of the written statement of approval shall be mailed to the applicant
by certified mail, return receipt requested.
(4) Disapproval. Upon disapproval of the site plan, the decision of the
Planning Board shall immediately be filed with the Village Clerk and
a copy thereof mailed to the applicant by certified mail, return receipt
requested, along with the Planning Board's reasons for disapproval.
(5) Expiration of approval; extensions.
(a)
Site plan approval shall expire after one year of the date of
approval of the site plan if actual construction has not been begun
by the applicant. Actual construction is hereby defined as the placing
of construction materials in their permanent position, fastened in
a permanent manner, except that where a basement or cellar is being
excavated, such excavation shall be deemed to be actual construction;
where demolition or removal of an existing structure has been substantially
begun preparatory to rebuilding, such demolition and removal shall
be deemed to be actual construction. An applicant whose site plan
approval has expired may resubmit a new site plan application.
(b)
The Planning Board may, in its sole discretion, at the applicant's
written request and, in any event, at least 30 days prior to the expiration
of the initial one-year approval, grant the applicant an extension
of time within which to comply with the site plan, provided that the
applicant has made reasonable good faith efforts to complete construction
and implement the site plan as provided within the aforesaid one-year
period, and further provided that such extension shall in no event
exceed one year. No further extensions will be permitted.
U. Inspection of improvements and revocation:
(1) The Code Enforcement Officer shall be responsible for the overall
inspection of site improvements including coordination with the Planning
Board and other officials and agencies, as appropriate.
(2) A site plan approval may be revoked by the Code Enforcement Officer
if the applicant or the applicant's successors or assigns violates
or is found to be out of compliance with any one or more of the terms,
conditions, limitations or requirements imposed by the site plan approval
or engages in any construction or alteration not authorized by the
site plan approval.
V. Procedure for appeal of Planning Board decision. Any person aggrieved
by any decision of the Planning Board may apply to the Supreme Court
for a review by a proceeding under Article 78 of the Civil Practice
Law and Rules.
W. Miscellaneous provisions:
(1) Further regulations by Planning Board. The Planning Board may, after
a public hearing, adopt such further procedural rules and regulations
as it deems reasonably necessary to carry out the provisions of this
section.
(2) Amendments:
(a)
The Village Board may, on its own motion, on petition or on
recommendation of the Planning Board, after public notice and hearing,
amend this section pursuant to all applicable requirements of law.
(b)
All proposed amendments originating by petition, or by motion
of the Village Board, shall be referred to the Planning Board for
a report and recommendation thereon. The Planning Board shall submit
its report within 30 days after receiving such referral. Failure of
the Planning Board to report within the required time shall be deemed
to constitute a recommendation for approval of the proposed amendment.
(3) Integration of procedures. Whenever the circumstances of proposed
development require compliance with this section and with any other
local law, ordinance or requirement of the Village, the Planning Board
shall attempt to integrate, as appropriate, site plan review as required
by this section with the procedural and submission requirements for
such other compliance.
(4) Penalties for offenses. A violation of this section is declared to
be an offense punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both. Each week in which the violation continues shall constitute
a separate offense.
(5) Project completion according to site plan approval. Any site plan
approved, or approved with conditions, may be commenced and completed
as approved. Any modification by an applicant from an approved site
plan shall require the approval of the Planning Board. No certificate
of occupancy shall be issued and no new land use shall be commenced
unless the enforcement officer shall determine that such building
or use is in compliance with the site plan approval.
[Added 12-5-2018 by L.L.
No. 2-2018]
A. Purpose and intent. This section recognizes the importance of signs
to inform the public and as an aid to local businesses in attracting
customers. It also recognizes that neither the traveling public nor
local business are well served by unlimited numbers and sizes of signs.
The purpose of this section is to promote and protect the public health,
safety and welfare by regulating existing and proposed signs and display
graphics of all types, while at the same time ensuring the constitutional
guaranteed right of free speech is protected. It is further intended
to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the
Village of Corinth, preserve the scenic and natural beauty of the
Gateway to the Adirondacks and the shores along the Hudson River and
provide a more enjoyable and pleasing community for residents of and
visitors to the Village of Corinth. It is further intended to reduce
sign and display distractions and obstructions that may pose a traffic
or pedestrian hazard caused by signs overhanging, projecting into
or near the public right-of-way. Moreover, it is the purpose and intent
of this section to permit only those signs which are:
(1) Legible in the circumstances in which they are seen;
(2) Compatible with their surroundings and environment; and
(3) Appropriate to the type of activity to which they pertain.
B. Severability clause. If any part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word in this section
is declared invalid, such invalidity shall not affect the validity
or enforceability of the remaining portions of this section.
C. Substitution clause. Signs containing noncommercial speech are permitted
anywhere that advertising or business signs are permitted, subject
to the same regulations applicable to such signs.
D. Compliance with other laws. Nothing in this section shall exempt
any applicant for a sign permit from full compliance with all other
applicable federal, state or local laws.
E. Sign permits:
(1) Permit required. Before the alteration, construction, or installation of any sign, except prohibited and exempt signs pursuant to this section, a permit shall be secured from the Building Department in the manner required in Subsections
E(2) and
(3) below. Applications for sign permits shall be made on a form prescribed by the Building Department, and a standard fee, as determined by the Village Board, shall be charged for processing the application. Charitable organizations are exempt from the payment of fees, upon approval of charitable status.
(2) Planning Board. Approval shall be required from the Planning Board
for proposed sign(s) associated with a project subject to Planning
Board approval pursuant to the Village Code.
(3) Building Department. Except when subject to review by the Planning
Board as stated herein, any sign meeting relevant requirements of
this section, in the opinion of the Building Department, shall receive
a permit from said Building Department within seven business days
of filing all required application materials.
F. Exempt signs. The following types of signs may be erected, maintained
and removed without permits or fees, provided that they comply with
the relevant requirements of this section:
(1) Signs located on or in a rolling stock of common carriers, provided
that such rolling stock is not regularly parked near a public right-of-way
in such a way that the rolling stock becomes the functional equivalent
of a prohibited or nonconforming sign.
(2) Signs on registered and inspected motor vehicles except those which
are determined by the Code Enforcement Officer to be circumventing
the intent of this section.
(3) Signs erected by the Village of Corinth or Corinth Central School
District.
(4) Signs erected by the State of New York or any of its boards, agencies
or departments and any other local, county, state or federal agency
for official business purposes.
(5) Signs with an area not more than 260 square inches related to public
transportation stops.
(6) Small on-premises signs, no more than two square feet in size, which
are necessary for and displayed for the direction, instruction, or
convenience of the public, including signs which identify rest rooms,
freight entrances, posted areas, and other similar types of signs.
Up to two such signs per lot are exempt under this provision. The
Building Department may issue permits for additional signs, upon filing
of a sign application and a demonstration of the necessity for those
signs. The intent of this provision is to allow for small signs providing
information. Lettering shall be generic and advertising or logos (including
business names) are prohibited on directional signs. These signs shall
not be illuminated. Where freestanding, these signs shall not be more
than three feet high and shall not obstruct pedestrian or vehicular
safety or circulation. Where building-mounted, these signs shall be
placed in appropriate locations related to safety issues and architectural
design.
(7) Residential signs as defined in this section.
(8) Informational signs up to 16 square feet in size, on lands which
have been conserved by easement or other permanent, protective measures
or is of a historical nature.
(9) Noncommercial message flags.
G. Prohibited signs:
(1) Unless otherwise specifically stated, the following signs are prohibited:
(a)
Nonoperational business signs. No signs or advertising shall
remain on a nonoperational business premises more than 30 days after
the business has closed. One thirty-day extension may be granted by
the Code Enforcement Officer. The Code Enforcement Officer may allow
sign structures without advertising messages to remain in place where
appropriate and usable by a subsequent business, provided the structures
are not considered nonconforming pursuant to this section.
(b)
Off-premises signs/billboards.
(c)
Animated signs: any sign manifesting kinetic or illusory motion
caused by natural, mechanical, manual, electric or other means.
(d)
Signs which display intermittent or flashing lights or lights
of varying degrees of intensity or moving parts, except barber's poles,
time/temperature signs and signs erected by a public agency.
(e)
In residential zones or on property used for nontransient residential uses, commercial message signs are prohibited, unless said signs are associated with an allowed home occupation pursuant to Article
V, Supplementary Regulations, §
500-19.
(f)
Search lights, laser beams, twirling signs, streamers, spinners,
balloons or other gas-filled figures or inflated signs, other moving
devices and similar materials shall be prohibited, with or without
any message or logo on them, unless otherwise specified herein. This
prohibition does not include noncommercial message flags, as defined
herein.
(h)
Signs located in windows above the second story of a building.
(i)
Signs that emit smoke, vapors or particles, sounds or colors.
(j)
Signs incorporating projected images. This prohibition does
not apply to private residences displaying seasonal messages or images
on said residence.
(k)
Any other sign not specifically listed as allowed in this section.
H. No sign may be installed or maintained along and visible from a street
or highway which:
(1) Interferes with, imitates, or resembles any official traffic control
sign, signal or device, or attempts or appears to attempt to direct
the movement of traffic.
(2) Prevents the driver of a motor vehicle from having clear and unobstructed
view of official traffic control signs and approaching or merging
traffic.
(3) Contains, includes or is illuminated by any flashing, intermittent
or moving lights or contains or consists of streamers or spinners,
or other moving devices, or has any animated or moving parts, except
traffic control signs. Commercial holiday decorations or displays
are specifically excluded from this restriction from one week before
Thanksgiving until January 31. Seasonal lights employing customary
strings of white lights are specifically excluded from this restriction
during the "dark season" as defined by Eastern standard time (from
the last Sunday in October to the first Sunday in April) that part
of the year when Eastern standard time is in effect in the Village.
(4) Contains any lighting that is not shielded to prevent light from
being directed off site, or at any portion of the traveled highway
or street or is of such intensity or brilliance as to cause glare
or to impair the vision of the driver of any motor vehicle, or otherwise
to interfere with or to impair the vision of the driver of any motor
vehicle, or otherwise to interfere with the operation thereof.
(5) Is fraudulent or misleading or is in violation of or at variance
with any federal law or regulation, including one containing or providing
for conditions to or affecting the allocation of federal highway or
other funds to the benefit of the state or any subdivision thereof.
(6) Advertises activities which are illegal under state or federal law.
(7) Is not clean and in good repair.
(8) Is not securely affixed to a substantial structure.
I. Measuring sign area:
(1) Sign surface area:
(a)
Will be the entire area within a single continuous perimeter
enclosing all elements which form an integral part of the sign. The
structure supporting a sign shall be excluded unless the structure
is designed in a way to form an integral background for or in a manner
intended to increase the visibility of the display.
(b)
Back-to-back signs, identical signs arranged back-to-back or
diverging less than 30° from a common line or point may be counted
as one sign.
(c)
The area of a sign consisting of an insignia or other device,
but without background, shall be calculated as the smallest polygon
or circle possible enclosing the insignia.
(2) Sign height. The height of any sign shall be measured from grade
level to the top of the sign or any part of its structure.
J. Sign location. No sign may be attached to, placed upon, or painted
upon utility poles, street signs, fences, other existing signs and
sign posts, trees, rocks, or other natural features.
K. Structural requirements:
(1) All signs shall be maintained in good structural condition at all
times. All signs, including sign structures and sign faces, shall
be kept neatly painted, including all metal parts and supports that
are not galvanized or of rust-resistant metals, and in a general state
of good repair. For the purposes of this requirement, "good repair"
shall mean that there are no loose, broken or severely weathered portions
of the sign structure or sign face.
(2) The Code Enforcement Officer may inspect any sign regulated by this
section to confirm the painting, repair, alteration or removal of
a sign which constitutes a hazard to safety, health or public welfare
by reason of inadequate maintenance, dilapidation or obsolescence.
(3) Signs shall be engineered to withstand a wind load of 30 pounds per
square foot, excepting, however, wireframe signs.
L. Safety. The Code Enforcement Officer may require the adjustment or
relocation of any sign to help ensure vehicular and pedestrian safety.
M. Existing signs:
(1) Signs existing at the time this section is enacted and that are not
in compliance with the requirements set forth herein shall have a
period of one year from the date of enactment of this section to either
be removed or be removed and replaced by a sign which meets the requirements
of this section.
(2) Owners of signs existing at the time this section is enacted and that are not in compliance with the requirements set forth herein and cannot meet the one-year compliance requirement as stated in §
500-22M(1) above may apply for an extension from the Zoning Board of Appeals for up to one additional year.
(3) In considering approval of the extension the Zoning Board of Appeals
shall determine if the financial detriment to the owner to erect and/or
install a compliant sign outweighs the potential benefit to the surrounding
neighborhood based on:
(a)
Improved aesthetic appearance of a compliant sign; and
(b)
Any potential improvements to public safety resulting from a
compliant sign.
N. Permanent freestanding, pole, pylon and monument signs:
(1) Pole, pylon and monument signs, as defined in this section, shall
be the only permanent freestanding signs allowed in the Village of
Corinth.
(2) Number:
(a)
One permanent freestanding sign is allowed per lot.
(b)
One additional permanent freestanding sign may be permitted
if the lot upon which the sign is located is within the Village Business
(VB) District and has at least 650 feet of combined frontage on a
Village, county and/or state road and only under the following conditions:
[1]
The two signs shall be at least 350 linear feet apart;
[2]
If a landowner chooses to have an additional sign as permitted
herein, then each sign on that lot shall be limited to the standard
maximum square feet per sign permitted in that zone as prescribed
in this section.
(3) Maximum allowed height and square feet. The maximum allowed height
and square feet for pole, pylon or monument signs are as follows unless
otherwise stated elsewhere in this section.
Zoning District
|
Maximum Size
(square feet)
|
Maximum Height
(feet)
|
---|
Suburban Residential (SR)
|
4
|
4
|
Village Residential I and II (VR-I and VR-II)
|
4
|
4
|
Village Business (VB)
|
32
|
12
|
Gateway Corridor (GC)
|
16
|
8
|
Secondary Gateway Corridor (SGC)
|
8
|
6
|
Industrial (I)
|
32
|
10
|
(4) Sign design. Permanent freestanding signs shall only have two sides,
which are parallel to each other and no more than six inches apart.
(5) Sign materials:
(a)
Minimum requirements: shall meet the definition of a "permanent
sign" as defined in this section.
(b)
Preferred materials. The Village of Corinth strongly encourages
the use of durable materials resembling wood that is carved, engraved
or otherwise replicates a wooden sign with lettering and designs either
carved or engraved, recessed or applied to the surface. Signs should
be finished with the same or compatible materials as the building
on the site. The Planning Board shall consider alternative sign materials
of a permanent nature if proposed. Approval for the use of alternative
sign materials shall be guided by the proposed signs compatibility
with the colors, materials and architecture of the building and other
buildings in the immediate vicinity.
(6) Setback. Permanent freestanding signs and their associated support
structures shall be set back at least three feet from the inner edge
of sidewalks; where sidewalks do not exist, the setback shall be at
least eight feet from the traveled way or edge of pavement of the
nearest street or highway. The Planning Board and Code Enforcement
Officer reserves the right to require a further setback if site conditions
require to ensure pedestrian and driver safety.
(7) Businesses without frontage on a public road. In cases where a business
is located on a parcel which does not have frontage on a public road
and is served by a legally deeded right-of-way through a parcel which
does have such frontage, said right-of-way shall be considered as
a part of the business's lot for purposes of an allowable permanent
freestanding sign. However, any such sign must be shared with the
front parcel and shall require Planning Board approval. This subsection
shall not be interpreted to increase the number or size of permanent
freestanding signs allowed on any parcel or lot.
(8) Business directory signs:
(a)
If the Planning Board finds that a shared business directory
sign is appropriate and necessary to inform the public of the location
of multiple businesses, in addition to any permanent freestanding
sign that may be permitted, there may also be permitted a single permanent
freestanding sign that shall be shared by all businesses which share
a single access point or road off a major public road. To maximize
the effectiveness of this sign, consideration should be given to a
single "place name" rather than simply a list of land uses or businesses.
(b)
This provision shall not interfere with the rights of the underlying
landowner (over whose land the access road traverses) to have his/her
own separate sign(s) in accordance with this section.
O. Wall signs:
(1) Number. If there is no permanent freestanding sign on a lot, then
two wall signs per lot may be permitted on the building where the
related activity occurs. If there is one permanent freestanding sign
on the lot, then one wall sign may be permitted on the building where
the related activity occurs. If two wall signs are proposed, each
sign shall not exceed the total permitted size as stated herein.
(2) Location:
(a)
Where mounted on a wall, these signs shall protrude no more
than six inches from the wall.
(b)
Wall signs shall be mounted in traditional locations which fit
with the architectural design of buildings, such as over entrance
doors. In addition, one three-square-foot flush-mounted sign may be
permitted at the rear entrance of each business on a lot, provided
that:
[1]
This rear entrance is a direct access from a rear parking lot
which is located in the rear yard as defined in this section.
[2]
This rear entrance is in addition to a front or side entrance.
[3]
The sign is not illuminated in any manner.
(3) Size. The maximum allowed size for each wall sign is as follows unless
otherwise stated in this section.
Zoning District
|
Maximum Size
(square feet)
|
---|
Suburban District (SR)
|
8
|
Village Residential I and II (VR-I and VR-II)
|
8
|
Village Business (VB)
|
60
|
Gateway Corridor (GC)
|
8
|
Secondary Gateway Corridor (SGC)
|
8
|
Industrial (I)
|
60
|
(4) Sign materials:
(a)
Minimum requirements. Wall signs shall meet the definition of
a "permanent sign" as defined in this section.
(b)
Preferred materials. The Village of Corinth strongly encourages
the use of durable materials resembling wood that is carved, engraved
or otherwise replicates a wooden sign with lettering and designs either
carved or engraved, recessed or applied to the surface. Signs should
be finished with the same or compatible materials as the building
on the site. The Planning Board shall consider alternative sign materials
of a permanent nature if proposed. Approval for the use of alternative
sign materials shall be guided by the proposed sign's compatibility
with the colors, materials and architecture of the building and buildings
in the immediate vicinity.
P. Awning sign. An awning sign is a sign which is located on or is part
of an awning. For the purposes of this section, an awning shall consist
of cloth or nontranslucent material affixed to the exterior of a building
by a permanent structure that may be retractable; extending at least
three feet from the exterior wall; and providing shade and rain cover
for pedestrians and visitors to the building.
Q. Projecting/blade signs. Projecting signs may be substituted for allowable
wall signs on a one-for-one basis. These signs shall not exceed eight
square feet in size and shall not extend further than four feet away
from the building. For safety reasons, the lowest part of the sign
or its support structures shall be at least eight feet above the sidewalk
or grade directly beneath the sign.
R. Soffit signs. Where a covered walkway exists on a building with more
than two tenants in separate business, each tenant may have one two-square-foot
sign which is hung from the soffit. This sign shall be hung in front
of the entrance to the business which it advertises and hung in a
direction perpendicular to the walkway so that it is legible to pedestrians
on the walkway. Soffit signs are permitted in addition to any other
sign allowed in this section.
S. Temporary signs. One temporary sign per use, made of rigid material
and up to eight square feet in size, and eight feet in height, may
be permitted for a new use. The temporary wrapping of an existing
permanent sign with high quality materials shall also be permitted.
All temporary signs shall be displayed for no more than 60 days and
comply with the following requirements:
(1) A permit has been issued for a new land use or business;
(2) A certificate of occupancy has been approved for that use or business;
(3) A complete sign application has been submitted for a permanent sign
for that use or business; and
(4) The Code Enforcement Officer finds that the temporary sign conforms
to this section and to generally accepted practices and/or any adopted
design guidelines; otherwise, this sign may be reviewed through the
design review process.
T. Sidewalk signs, sandwich board and pedestal signs:
(1) One sandwich board or pedestal sign, as defined by this section,
shall be allowed on each lot and may be placed on or near the sidewalk
in a location that does not impede pedestrian flow by leaving a minimum
cleared area of four feet to pass and does not negatively impact sight
distances or create a hazard. Signs may be placed on sidewalks between
the hours of 7:00 a.m. and 9:00 p.m., Eastern standard time.
(2) Size and height. Sandwich board and pedestal signs shall be no larger
than eight square feet and shall have a maximum height of four feet.
(3) No permit required. No permit is required to display a sandwich board
or pedestal sign. All other regulations as listed in this section
must be followed.
U. Wireframe, metal frame and post signs:
(1) Two of any combination of metal frame, post and wireframe signs are
permitted in any zoning district and on any lot without a permit under
the following restrictions.
(2) Size:
(a)
Height. Wireframe, metal frame and post signs shall have a maximum
height of five feet.
(b)
Area. Wireframe, metal frame and post signs shall have a sign
area no larger than six square feet.
(3) Election season. One additional wireframe, metal frame or post sign
shall be permitted on each lot during election season as that term
is defined in this section.
V. Banners, pennants and posters:
(1) Banners, pennants and posters, as these terms are defined herein, may be allowed in any zoning district, only after obtaining a permit from the Building Department. Permittees shall be entitled to use banners, pennants or posters for not more than 20 days per calendar year except as provided in Subsection
V(2) below and except that an additional 20 days per calendar year shall be allowed for nonprofit organizations or other noncommercial organizations.
(2) A permit shall be issued for the use of banners, pennants and posters
only in locations where such signs will not cause unreasonable annoyance
or inconvenience for adjoining property owners or other persons in
the area and on other such conditions as deemed necessary to protect
adjoining premises and the public. The maximum size allowed for any
one banner, pennant or poster is 40 square feet. All banners, pennants
and posters shall be removed on or before the expiration date of the
permit.
W. Commercial flags. A maximum of one commercial flag, no larger than
15 square feet, as defined herein, shall be allowed for each business
without a permit.
X. Sign lighting. The Village of Corinth has determined that externally
illuminated signs are more consistent with the character of the Village.
(1) Internally illuminated signs may be allowed only with Planning Board
approval and after the applicant has provided justification of the
need for such sign and how it will be in keeping with the Village
character.
(2) General illumination standards:
(a)
Illumination should not interfere or distract from the message
conveyed by the sign.
(b)
Lighting for signs shall not create a hazardous glare for pedestrians
or vehicles either in a public street or on any private premises.
(c)
The light source, whether internal to the sign or external,
shall be shielded from view. This requirement is not intended to preclude
the use of creative lighting alternatives provided such light source
does not create a hazardous glare for pedestrians or vehicles either
in a public street or on any private premises, result in glare off
site, neighboring properties or into the sky.
(d)
Illumination should be appropriate for the location, use and
character of the neighborhood.
(e)
Illumination should appear integrated into the building facade
or property/neighborhood character.
(f)
Illuminated signs should not be illuminated after 10:00 p.m.
or the close of business, whichever is later.
(g)
Flashing, blinking, revolving, or rotating lights are not permitted.
(h)
All exposed conduit and junction boxes should be concealed from
public view.
(i)
Lighting on any sign shall be directed and shielded so that
the light shines only on the subject sign and to prevent glare off
site, into the sky, or onto adjoining properties or roads and highways.
(j)
All bulbs shall be shielded or hooded.
(k)
All ground-mounted fixtures shall be screened by bushes or other
appropriate means; all fixtures mounted on the sign itself shall blend
in with the background color of the sign or its surroundings, as deemed
appropriate for the site.
(l)
Lighting on any sign shall be limited to a total of 150 watts
of incandescent light or its equivalent, unless otherwise authorized
for unique site or sign-specific reasons.
(m)
Where a sign or its lighting fixtures are being replaced or
substantially altered, then lighting shall be brought up to these
standards. Applicants must demonstrate that lighting fixtures will
satisfy these standards and are appropriate for site-specific needs
and circumstances.
(3) External illumination standards:
(a)
External lighting fixtures that project light on a sign from
above or below are strongly encouraged.
(b)
Light fixtures should be simple and unobtrusive in appearance
and size.
(c)
Light fixtures should be positioned as to not obscure the sign's
message and graphics.
(d)
Light sources should be shielded as such that the light source
is directed away from passersby.
(e)
Light sources should be directed against the sign such that
it does not shine onto adjacent property or cause glare for motorists
and pedestrians.
(f)
Bare light bulbs shall not be exposed.
(g)
Awnings with signage included shall always be externally illuminated.
(4) Internal illumination standards:
(a)
Internally illuminated sign cabinets that allow the entire face
to illuminate are prohibited.
(b)
The sign background or field shall be opaque and of a nonreflective
material.
(c)
A maximum of one internally illuminated sign shall be allowed
per business.
(5) The Code Enforcement Officer may require the adjustment or relocation
of any sign lighting to prevent glare and to ensure vehicular and
pedestrian safety. No luminous sign, indirectly illuminated sign,
or lighting device shall be placed or directed to cast glare or diffused
beams of light upon any public street, highway, sidewalk, or adjacent
premises, or otherwise to cast glare or reflection that may constitute
a traffic hazard or public nuisance. No sign shall in its construction
employ any mirror or mirror-like surface, nor any day glowing or other
fluorescent paint or pigment. No sign shall be illuminated by or contain
flashing, intermittent, rotating, or moving lights. All luminous signs,
indirectly illuminated signs, and lighting devices shall employ only
white/clear lights emitting light of constant intensity.
(6) Indoor internally illuminated window signs may be displayed and may
cover up to 25% of the total window area per business.
Y. Special categories of signs:
(1) Gasoline station signs. The following signs are permitted:
(a)
Gasoline price signs shall be confined to the pump island. The
signs shall be limited to one square foot in area and one per pump.
(b)
Gasoline prices may be incorporated into the single freestanding
sign allowed on the lot, provided that this freestanding sign is located
near the pump island.
(c)
Fuel service station canopy signs:
[1]
A fuel service station with a canopy shall be permitted two
canopy signs in total and will count towards the total permitted wall
signage area for the business.
[2]
A canopy sign shall not exceed 16 square feet in area.
[3]
The canopy sign shall be a flat sign permanently affixed to
the vertical face of the canopy and shall not project above or below,
or from any sign of the vertical face of the canopy. A business logo
shall be considered part of a canopy sign.
[4]
The canopy sign may be illuminated by internal and nonintermittent
light sources.
[5]
Striping and other graphics elsewhere on the canopy shall be
prohibited.
(2) Window signs:
(a)
Buildings having a footprint of less than 10,000 square feet
are permitted to display window signs covering up to 25% of the total
nondoor window area for said building.
(b)
Buildings having a footprint of more than 10,000 square feet
are permitted to display window signs covering up to 70% of the total
nondoor window area for said building.
(c)
Window stenciling or lettering, placed on the inside of a window,
is allowed as a part of a business's total window coverage. This shall
be measured in the same way as other signs, by drawing an imaginary
polygon around the outside edge of all letters or emblems as if they
were a single sign and then measuring the size of that polygon.
(d)
Open/closed signs are not to be considered window signs for
calculation of window coverage. Indoor internally illuminated window
signs may be displayed and may cover up to 25% of the total window
area per business regardless of the building's footprint size.
Z. Violations:
(1) Penalties. Violations of any provision or requirement of this section
or a violation of any statement, plan, application, permit or certificate
approved under the provisions of this section shall be considered
an offense.
(a)
Conviction of a first offense is punishable by a fine of not
more than $350 and/or imprisonment for not more than six months.
(b)
Conviction of a second offense, committed within a five-year
period of the first, is punishable by a fine of not less than $350
nor more than $700 and/or imprisonment for not more than six months.
(c)
Conviction of a third or subsequent offense, committed within
a five-year period of the first, punishable by a fine of not less
than $700 nor more than $1,000 and/or imprisonment for not more than
six months.
(2) The owner, general agent or contractor of a building, premises, or
part thereof where such a violation has been committed or does exist
and any agent, contractor, architect, builder, corporation or other
person who commits, takes part in or assists in such violation shall
be liable for such an offense. All such penalties shall be collectible
by and in the name of the Village. Each week that any such violation
continues after notification that such violation exists shall constitute
a separate offense. Such notice shall be given in writing by the Code
Enforcement Officer and shall be served by certified mail or personal
service.
(3) Court action. The imposition of penalties herein prescribed shall
not preclude the Village or any person from instituting appropriate
legal action or proceedings in a court of competent jurisdiction to
prevent an unlawful erection, construction, reconstruction alteration,
repair, conversion, maintenance, or use or to restrain by injunction,
correct or abate a violation or to furthermore prevent the illegal
erection, installation or repair of any sign.
AA. Appeals and variances. Appeals and variance applications. An interested person may appeal any determination or action taken by the Building Department under this section by filing an appeal or variance application with the Secretary of the Zoning Board of Appeals, or the Village Clerk if a secretary has not been elected. The appeal or variance application shall be made on a form prescribed by the Village and shall be accompanied by the application fee established by the Village. The appeal or variance application shall be filed and thereafter processed by the Zoning Board of Appeals in accordance with the provisions contained in Article
VIII.