City of Ogdensburg, NY Article XIV Regulations Applicable to All Districts

§ 221-47 Accessory uses and structures.

[Amended 9-9-2013 by Ord. No. 15-2013]

On any lot accessory structures or uses, in connection with the principal building or use (accessory structures without a principle use see § 221-45.E), may be constructed and located subject to the following process:

A. All accessory structures or uses shall require a building permit to be issued prior to their initiation unless such ancillary structures or uses are specifically exempted in this section.

B. Exempt accessory structures. The following listed accessory structures and uses do not require a building permit to be issued prior to their initiation, provided that they comply with the Uniform Code and the general and specific standards for accessory uses and structures:

[Amended 10-22-2007 by Ord. No. 10-2007]

(1) Freestanding structures of no more than 150 square feet in size.

(2) Structures no higher than six feet in height.

(3) Storage of firewood for personal use.

(4) Storage of personal recreational vehicles or equipment.

(5) Wading or ornamental pool less than 24 inches in depth.

C. Permitted accessory structures and uses without site plan approval. The following list of permitted accessory structures and uses require a building permit to be issued prior to their initiation, but do not require site plan review. A building permit shall not be issued unless the general and specific standards for accessory uses and structures in this section are satisfied.

(1) Garage or carport or driveway installation.

(2) Swimming pool.

(3) Structures between 150 and 500 square feet in size.

(4) Home occupation.

(5) Deck, porch and balcony.

(6) Dock, pier and boathouse.

(7) Freestanding antenna or satellite dish.

(8) Flagpoles less than 24 feet in height.

(9) Fences.

(10) Unlisted structures subordinate to the principal building on the lot and used for purposes customarily incidental to the principal use of the lot.

D. Accessory structures and uses permitted after site plan approval. The following list of permitted accessory structures and uses require site plan approval prior to their initiation and a certificate of occupancy upon their completion.

[Amended 10-22-1990 by Ord. No. 8-1990]

(1) Structures greater than 500 square feet in size, except in residential structures with one or two dwelling units.

(2) Addition of drive-through service windows.

(3) Automatic teller machines.

(4) A single flagpole or multiflag pole greater than 24 feet in height.

[Added 9-8-1992 by Ord. No. 13-1992; amended 12-7-1992 by L.L. No. 3-1992]

E. General and specific standards. Accessory structures and uses shall be governed by the following standards unless otherwise specified:

(1) All structures and uses accessory to a residence shall be consistent in character and use with the principal residential use and the adjacent neighborhood.

(2) Accessory structures and uses in conjunction with a Planned Development District or a principal use requiring site plan review shall be determined appropriate as to number, type and location by the Planning Board in accord with its review of any proposed use under these respective procedures.

(3) Unless otherwise specified, all accessory structures or uses shall not be less than six feet from property lines in rear and side yards and shall fully comply with minimum front yard requirements applicable to the principal structure in the zoning district. Minimum yard requirements shall not apply to planters, flagpoles, mailboxes, bird feeders and bird houses, fountains, firewood storage, security lighting and security gates. Docks, piers and boathouses are exempt from rear yard requirements, but not side yard requirements.

[Amended 9-8-1992 by Ord. No. 13-1992; 4-7-2003 by Ord. No. 6-2003]

(4) No accessory building shall be located closer than five feet to any principal or accessory building, unless it is attached to such building.

(5) Specific standards for certain accessory structures or uses.

(a) Swimming pools.

[1] An enclosure of at least four feet in height shall be provided around swimming pools to prevent accidental or unauthorized entry.

[2] Every gate or other opening in the enclosure shall be self-closing and self-latching.

[3] Where the proposed pool is of such height or design that a protective enclosure is impractical or not required to prevent accidental entry, the Code Enforcement Officer may issue a permit for the erection of a pool without such enclosure upon making a written finding that the pool has equal protection from entry as would be afforded by the erection of an enclosure.

[Amended 10-22-2007 by Ord. No. 10-2007]

[4] Any lighting used in conjunction with such pool shall be directed away from adjoining properties and shall not substantially interfere with the use or enjoyment of another lot.

[5] Aboveground swimming pools and associated decking more than two feet from ground level shall be located no fewer than seven feet from any lot line in a SFR District and no fewer than four feet in any other district. Ground level decking shall be exempt from setback requirements.

[Amended 9-8-1992 by Ord. No. 13-1992]

(b) Fences.

[1] A "fence" is defined, for the purposes of this chapter, as an artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

[2] All open, solid or opaque fences, no taller than 6 1/2 feet in height on the side and rear yards or four feet in height on the front yard and, if a corner lot, on the side yard, are permitted with a building permit, provided that such fencing:

[a] Does not block visibility of on-coming traffic at intersections or driveways; and

[b] Projects a finished side outward towards adjoining lots.

(c) Signs. Signs shall be regulated according to § 221-42, Signs.

(d) Certain domestic animal shelters. No structure to provide shelter for sheep, horses, goats, chickens or other fowl shall be permitted unless such structure, and any associated manure pile, is located at least 75 feet from all property boundaries.

(e) Second residence on the lot. A dwelling unit, as an accessory residence to a principal structure or use, may be located on the same lot, provided that a separate lot could be formed for each residence which would comply with all lot area, width, setback and sanitary requirements for the zoning district in which the property is located.

(f) Accessory boarding. The renting out of one or two rooms within an existing single-family residence (which one or two rooms do not constitute a separate dwelling unit) to not more than two persons who are not members of the family that resides in the single-family residence shall be permitted if the boarding can be adequately accommodated with no more than the creation of one additional off-street parking space.

(g) Accessory apartments.

[1] For the purpose of this chapter, an "accessory apartment" shall be defined as a housing unit that is self-contained with separate cooking facilities, but is principally incorporated within an existing structure that was originally designed for a single-family residence and will not be substantially altered.

[2] Purpose. Allowing one accessory apartment per principal structure permits homeowners to stay in their homes and neighborhoods in the face of fixed or reduced incomes, lowered space needs, health care needs and rising expenses for utilities, taxes and maintenance without significantly impacting the surrounding neighborhood.

[3] One accessory structure per principal residence is permitted, provided that it satisfies the following standards:

[a] No more than one apartment shall be created within a residence.

[b] The apartment shall be a complete, separate housekeeping unit that can be isolated from the original unit.

[c] An owner of the residence in which the accessory structure is created shall occupy one of the dwelling units on the premises.

[d] The accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building, and any addition shall not increase the total residential square footage on the lot more than 10% of the original house.

[e] Adequate off-street parking shall be provided in accordance with § 221-41, Off-street parking and loading.

(h) Home occupations.

[1] Definition. A "home occupation" is a business operated out of a home; specifically, it is defined as an accessory occupation or business activity which results in a product or service for financial gain that is conducted in whole or part on the residential premises.

[2] Purpose. The intent of regulations governing home occupations is to protect the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances created by operating businesses in a residential area, while recognizing the needs of certain residents and community benefits of allowing certain types of work in the home. Customary and inconspicuous businesses, such as accounting, alterations, hair care, word processing, consulting, drafting, telephone surveys or sales, graphic design, photography, office uses, instruction, baking and arts and crafts production are examples of home occupations that can usually satisfy the minimum standards for home occupations.

[3] Prohibited home occupations. The following businesses are prohibited as home occupations: automotive vehicle repair, body shop, machine shop, welding shop, salvage yard, auto or vehicle sales and commercial outdoor storage or parking.

[4] Standards for permitted home occupations. Home occupations are permitted if they meet all of the following standards:

[a] There shall be no employees other than residents of the premises where the home occupation is proposed to be located.

[b] The home occupation shall not significantly change the exterior appearance of the residence, other than the addition of one sign as permitted in § 221-42, Signs.

[c] Retail sales of products not produced on the premises shall be prohibited except for the sale of products incidental to services offered by the home occupation.

[d] No business activities involving clients or customers on the premises or vehicular traffic shall be conducted between the hours of 10:00 p.m. and 7:30 a.m.

[e] The home occupation shall produce no noise, vibrations, glare, objectionable fumes or electrical interference detectable to normal sensory perception on adjacent lots.

[f] Exterior storage of supplies, items or equipment associated with the home occupation shall be prohibited.

[g] No new off-street parking spaces shall be needed or created to serve the home occupation.

[h] Instruction to students and services to clients or customers shall be limited to not more than 10 persons at any one time.

(i) Bed-and-breakfast.

[Added 9-29-1992]

[1] Definition. An owner-occupied place of lodging that has four guest rooms or fewer and may serve meals only to guests, except that in single-family residential districts the Planning Board may permit bed-and-breakfast by special permit subject to the following additional purposes and standards in addition to all other applicable sign, parking and site plan considerations.

[2] Purpose. The intent of further regulating bed-and-breakfast operations in single-family residential districts is to protect the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances created by operating businesses in a residential area, while recognizing the needs of certain residents and community benefits of allowing restricted bed-and-breakfast operations in single-family residential districts.

[a] There shall be no employees other than residents of the premises where the bed-and-breakfast is proposed to be located.

[b] The bed-and-breakfast shall not change the exterior appearance of the residence, other than the addition of one sign as permitted in single-family residential districts.

[c] There shall be no other accessory boarding or accessory apartment permitted at the premises where the bed-and-breakfast is proposed to be located.

[d] The bed-and-breakfast shall produce no noise, vibrations, glare, objectionable fumes or electrical interference detectable to normal sensory perception on adjacent lots.

[e] In SFR districts the minimum lot size for a bed-and-breakfast shall be one acre.

[f] There shall be no more than two rooms made available for the purposes of operating a bed-and-breakfast in single-family residential districts.

[g] Exterior storage of supplies, items or equipment associated with the bed-and-breakfast shall be prohibited.

[h] Any permission granted shall be personal to the grantee. Upon sale of the property, the special permit shall be null and void and the new owners shall be made to reapply.

(j) Handicap ramps. Handicap ramps shall be exempt from all minimum yard setbacks in all districts. All construction shall fully comply with state and federal standards.

[Added 3-27-1995 by Ord. No. 4-1995]

(k) Christmas tree sales. The Planning Board may permit the display and sale of natural Christmas trees in a Single-Family Residential District by special permit subject to the following criteria, in addition to all other applicable regulations.

[Added 10-14-1997 by Ord. No. 9-1997]

[1] Criteria.

[a] The display and sale of natural trees shall be permitted between November 15 and December 31 and between the hours of 8:00 a.m. and 10:00 p.m.

[b] The tree sale shall not change the exterior appearance of the residence, other than the addition of one sign as permitted in a single-family residential district.

[c] There shall be no other accessory uses or home occupations permitted at the premises where the tree sale is proposed to be located.

[d] Adequate parking shall be provided.

§ 221-48 Open storage of inoperative or unregistered motor vehicles.

[Amended 4-7-2003 by Ord. No. 5-2003; 9-28-2009 by Ord. No. 13-2009]

Except as otherwise provided for in Statute or City Regulations, open storage of two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises. Storage of a single unregistered motor vehicle shall be permitted in all residential districts provided that its body is completely covered by a fitted cover or tarp in good repair that is securable to the vehicle and free of foreign objects placed upon the cover.

§ 221-49 Public garages and gasoline filling stations.

[Amended 12-7-1992 by L.L. No. 3-1992]

A. Minimum lot area. The minimum lot area shall be 15,000 square feet, and the minimum frontage shall be 100 feet.

B. Driveway requirements. Entrance and exit driveways shall have an unrestricted width of not less than 20 feet, shall not be located nearer than 10 feet to any lot line or 20 feet from any intersection and shall be so laid out as to avoid the necessity of any vehicle backing into any public right-of-way.

C. Distance from street line. No gasoline filling station building and no outdoor gasoline or oil pump or automotive service appliance shall be erected within 20 feet of any street line.

D. Enclosure of vehicle parts. Vehicle lifts or pits, dismantled automobiles, all parts or supplies, goods, materials, refuse, garbage or debris shall be located within a building enclosed on all sides.

E. Repairs and servicing. Commercial motor vehicle repair or service shall not be permitted in connection with or as part of a public garage.

F. Out-of-door work restricted. Major repair work may be carried on outdoors only where it is impractical to do such work within a building, but in no case shall any vehicle being repaired be stored outdoors for a period exceeding 30 days. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work.

G. Underground storage of gas or flammable oils. Gasoline or flammable oils in bulk shall be stored fully underground, not nearer than 10 feet to any street line or 35 feet to any lot line.

§ 221-50 Outdoor vending machines; outdoor sales.

A. No open-front stores, outdoor vending machines or other outdoor storage, displays or sales, except as indicated in Subsection C below, other than the following:

(1) The sale of automobile fuel, lubricants and accessories at automobile service station.

(2) The storage and sale of lumber and other building materials in duly conducted lumberyards.

(3) Automobile off-street parking and off-street loading.

(4) Signs erected in conformity with the individual district regulations.

(5) Nurseries.

(6) Vending machines, provided that no more than three per business establishment, and further provided that such machines shall be no closer than five feet to any property line.

[Amended 12-7-1992 by L.L. No. 3-1992]

B. No outdoor display may extend more than 10 feet from the outside wall of a building or into any pedestrian or vehicle traffic area. All outdoor displays shall be arranged to allow for a minimum three-foot clearance.

C. In appropriate cases and in accordance with the requirements in Article V, the Planning Board may issue a special permit permitting any use not otherwise permitted under the terms of this section in a nonresidence district.

§ 221-51 Off-street parking and loading.

A. Purpose. It is the objective of this section to provide standards for providing adequate off- street parking and loading of motor vehicles in an orderly and efficient manner that retains the function of the road network and protects the health, safety and general welfare of the public.

B. Procedure. Any structure or use requiring a permit under this chapter shall comply with the parking, loading and design standards specified in this section. Site plans will be reviewed by the Planning Board for compliance with these requirements. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board during site plan review and upon consideration of factors entering into the parking needs of each such use.

C. Design.

(1) Parking space. The minimum size of each parking space shall measure 10 feet in width and 20 feet in length, not including any required maneuvering aisle, circulation lane, right-of-way, easement or public road. All required parking spaces shall be individually identified by means of pavement markings or other identification.

(2) Access. Unobstructed access to and from a street shall be provided for all parking spaces. Entrances, exits and driveways for off-street parking areas shall be at least 10 feet wide but no more than 30 feet wide, except lots with frontage of at least 100 feet per street which can be no more than 36 feet wide. Frontage of all commercial properties shall be controlled by positive means such as curbing or ditches to provide access only at designated driveways. The purpose of access control is to direct entering and exiting vehicles into a well-defined flow pattern and separate traffic movements on private property from street and highway traffic. No more than two driveways (excluding field entrances) with a combined total width of 66 feet per street shall be allowed unless the Planning Board deems additional driveways are necessary to adequately and safely manage the parking, loading, access and circulation needs of the land use.

[Amended 10-28-1996 by Ord. No. 15-1996]

(3) Circulation. All parking areas shall be designed so as to eliminate the need for vehicles to back out onto state roads or block entrances to parking areas. Off-street parking areas with more than six spaces shall direct vehicles into a well-defined flow pattern. A minimum ten-foot-wide circulation lane shall be provided for parking areas with more than six spaces. For parking area layouts requiring two-way traffic, a minimum twenty-foot-wide circulation lane is required.

(4) Location.

(a) Parking area. Parking areas shall not be located in required front yards except that no more than two vehicles may be parked in a front yard driveway. Parking areas may be located to within three feet of adjoining properties in the rear or side yards, provided that screening requirements are satisfied.

(b) Driveways. Existing driveways may be surfaced or reconstructed to within one foot of an adjoining property line. Newly constructed driveways may be built to within three feet of an adjoining property unless there is a written agreement between adjoining property owners to share a driveway, in which case no setback is required.

(c) Entrances and exits. No entrance or exit for any off-street parking area with more than six spaces shall be located within 40 feet of any street intersection.

(5) Surface condition and drainage. All parking areas shall be kept well maintained and free of debris. For all commercial uses or when more than six parking spaces are required for a use, the parking area shall consist of a designated and improved area composed of a minimum of six inches of compacted stabilized surface consisting of crushed rock or crushed stone, surfaced and covered with blacktop or concrete, or a combination thereof. A driveway or parking area shall not drain onto an adjacent property unless the property owner's permission is received in writing. In no case shall the construction of parking areas or driveways cause water to flow across sidewalks or street pavement or to pond off site.

(6) Sight lines. Driveways, vegetation and fencing shall be located so that any vehicle leaving the driveways shall have clear and unobstructed view for a reasonable and safe sight distance to any oncoming traffic, considering the marked speed limit in the area and the quantity of traffic.

(7) Maintenance. All required parking spaces and circulation aisles shall be available for parking and loading and not be used for the storage of unlicensed vehicles, materials or waste disposal facilities.

(8) Screening. Parking areas with more than six spaces shall be visually screened from:

(a) Adjacent residential uses;

(b) SFR, MDR and R/B Zoning District boundaries; and

(c) State or locally designated tourism routes or historic properties.

(9) Lighting. Any lighting used to illuminate off-street parking areas should be located, shielded and directed upon the parking area in such a manner that it does not reflect or cause glare onto adjacent properties or interfere with street traffic. In no instance shall bare, unshaded bulbs be used for such illumination.

D. Mixed uses. In the event that several uses occupy a single structure or parcel of land, the total requirements shall be the sum of the requirements of the several uses computed separately. Employees working at more than one use on the parcel shall not be double-counted when computing the required number of parking spaces.

E. Shared parking. 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 demonstrated by the applicant that their operations and parking needs do not overlap in time.

F. Parking overload. Notwithstanding the above requirements, an observed overload of parking which causes spillover onto neighboring properties or road rights-of-way shall constitute a violation of this chapter.

G. Off-street parking standards. Unless specifically waived by the Planning Board under the site plan review, the Zoning Board of Appeals through an area variance or the City Council under the Planned Development District review, the following minimum standards shall apply for each type of use set forth below. The Planning Board may require a greater number of parking or loading spaces if it is warranted by the nature and scale of a proposed use.

(1) Residential uses:

(a) One-family dwelling, two-family dwelling, multiple-family dwelling: two parking spaces per dwelling unit.

(b) Accessory apartment: one parking space per dwelling unit.

(c) Home occupation: one parking space for every two hundred square feet of gross floor area.

(d) Community residence: one parking space per employee on the largest work shift, plus one parking space.

(2) Public and institutional uses:

(a) Religious institution, including on-site parish house; nonprofit service or fraternal organization; convention center: one parking space for every six seats in the principal meeting room.

(b) Library, museum, firehouse: one parking space for every 500 square feet of gross floor area.

(c) Nursing home, residential health care: one parking space for each visiting physician, plus one parking space per employee on the largest work shift, plus one parking space for every six patient beds.

(d) Hospital, health-care facility, medical office: one parking space per employee on the largest shift, plus three parking spaces for every physician, plus five parking spaces for an emergency room.

(e) Day-care facility: one parking space per employee on the largest work shift, plus one nine-foot-by-twenty-foot loading space for every six child/client.

(f) Elementary school: two parking spaces per classroom.

(g) Secondary or post secondary school: one parking space per seat in the auditorium. Four parking spaces per classroom if no auditorium in school.

(3) Retail, commercial and service uses:

(a) Grocery, convenience store: one parking space per 250 feet of gross floor area.

(b) Restaurant, tavern, club: one parking space for every four seats to capacity. Restaurants without seating shall provide one parking space per employee on the largest work shift, plus two nine-foot-by-twenty-foot loading spaces.

(c) Bed-and-breakfast: one parking space per guest room, plus one space per nonresident employee.

(d) Hotel, motel, inn, boardinghouse, resort: three parking spaces for every two guest rooms, plus one parking space per employee on the largest work shift.

(e) Motor vehicle repair, services: one parking space per 400 square feet of gross floor area, plus adequate storage area for vehicles awaiting repair.

(f) Gas station: one parking space per employee on the largest work shift, plus one parking space for each service bay.

(g) Bus terminal, mass transit station: one parking space per employee on the largest work shift, plus two nine-foot-by-twenty-foot loading spaces.

(h) Auto wash: one parking space per employee on the largest work shift, plus four stacking spaces per bay.

(i) Bowling alley: five parking spaces per lane.

(j) Indoor recreational facility: one parking space per 600 square feet of recreational area.

(k) Fitness/aerobic center: the lesser of one parking space per participant in the largest session or one parking space per 100 square feet devoted to fitness or aerobic exercise.

(l) Radio/television studio or station: one parking space per employee on the largest work shift, plus two guest parking spaces.

(m) Motor vehicle farm implement, mobile home sites or rental: one parking space per employee on the largest work shift, plus one parking space per 1,000 square feet of gross business area.

(n) Building supplies, plumbing, heating or electric supplies: one parking space for each vehicle used in the business, plus one parking space per 800 square feet of gross business area.

(o) Other retail, commercial, service and office uses: one parking space per 400 square feet of gross floor area.

(4) Light and heavy industrial uses:

(a) Junkyard, salvage yard, recycling operation: one parking space per employee on the largest shift, plus one parking space per 10,000 square feet of gross business area.

(b) Storage, distribution or wholesale use: one parking space per employee on the largest shift or one parking space per 1,000 square feet of gross business area, whichever is greater, plus loading spaces of sufficient quantity and size to accommodate the type and frequency of vehicles generated by the use.

(c) Recycling of beverage containers, packaging material and paper; two loading spaces.

(d) Other industrial uses: one parking space per employee on the largest shift.

(e) Uses not specifically listed. Other uses not specifically listed shall provide adequate parking to meet parking needs on the premises as required by the Planning Board. The Planning Board shall use the above list as a guide for determining requirements for unlisted uses.

H. Handicapped parking. The minimum size of each handicapped parking space shall measure 12 feet in width and 20 feet in length, not including any required maneuvering aisle, circulation lane, right-of-way, easement or public road. At least 5% or more of available parking spaces, as required by the Planning Board during site plan review, shall be designated for handicapped parking. All required parking spaces shall be individually identified by means of pavement markings or other identification.

I. Off-street loading. Off-street loading is permitted as an accessory to any use, subject to site plan review. All uses in the Business and I/I Zoning Districts shall provide for adequate off-street loading as specified below:

(1) Size of spaces. Unless specified by the standards established in this section or by the Planning Board during site plan review, required loading space shall be at least 12 feet wide, 33 feet long and 14 feet high.

(2) Location and access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot.

(3) Joint facilities. Loading facilities, open or enclosed, may be provided in spaces designed to jointly serve two or more adjacent establishments.

§ 221-52 Signs.

[Amended 2-27-1991]

A. Purpose. The purpose of the sign regulations is to promote and protect the public health, welfare and safety by regulating advertising visible from public roads and other outdoor graphics for commercial gain. These regulations are intended to protect property values, maintain an attractive business climate and protect the physical appearance of the community. The regulations are further intended to reduce distractions and obstructions that may contribute to traffic accidents or safety hazards.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

BILLBOARD

An off-premises sign owned by a person, corporation or other entity that engages in the business of selling advertising space on that sign.

COPY-CHANGE SIGN

A sign on which the visual message may be periodically changed.

FREESTANDING SIGN

A sign that is attached to, erected on or supported by some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign.

GATEWAY SIGNS

The generally accepted logos of not-for-profit, charitable, public and religious organizations mounted together on a unified and uniform field background, with the size of each constituent sign not to exceed nine square feet. Total sign area at each entrance to the City may not exceed 128 square feet, with its highest point not exceeding 12 feet from ground level, and with its lowest point not closer than four feet to ground level.

OFF-PREMISES SIGN

A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located.

ROOF SIGN

A sign that is partially or wholly attached to, erected on or supported by the roof of a building or structure.

SHOPPING CENTER

A group of architecturally unified commercial establishments built on a site, planned, developed, owned and managed as a unified development, which provides on-site parking for customers. For the purposes of Subsection D(3)(e) only, shopping centers must have a gross aggregate building(s) footprint of at least 100,000 square feet.

SIGN

Any device that is sufficiently visible to persons not located on the lot where such device is located which either:

(1) Attracts the attention of such persons to an object, product, place, business, activity, person, political policy, institution or organization; or

(2) Communicates information to such persons.

SIGN AREA

The total area of the smallest rectangle or triangle which encloses the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

TEMPORARY SIGN

A sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of the sign. Under no circumstances may a temporary sign remain on the lot where it is erected or placed for a period of more than 60 days in any six-month period.

C. Administration.

(1) Permits. No sign shall be erected, moved, enlarged, reconstructed or substantially altered except in accordance with the provisions of this section. Mere repainting or changing the message of a sign shall not, in and of itself, be considered a substantial alteration. All signs shall require a building permit issued by the Code Enforcement Officer except for specifically listed signs permitted without a building permit.

[Amended 10-22-2007 by Ord. No. 10-2007]

(2) Procedure.

(a) Building permit applications shall be submitted to the Code Enforcement Officer accompanied by the building permit application fee and the following plans and information:

[Amended 10-22-2007 by Ord. No. 10-2007]

[1] The name, address and telephone number of the applicant and sign contractor or erector. In the case of a lot occupied or intended to be occupied by more than two business enterprises (e.g., a shopping center), building permits shall be issued in the name of the lot owner or his/her agent rather than in the name of the individual business enterprise requesting a particular sign.

[2] The location of the lot of which the proposed sign will be located by street address, tax parcel identification number or distance to the nearest crossroad.

[3] An accurate site plan sketch showing lot lines, public roads, driveways, setbacks, the location of existing and proposed signs and the sign area of all existing signs, including the number of linear feet of street frontage of the lot.

[4] A scale drawing showing the proposed signs, including supportive structure, sign content and sign face size and method of illuminating the sign, if any.

(b) The Code Enforcement Officer, or his/her designee, shall, within 15 days of receiving a complete application, either approve or deny the building permit as regards this section or the regulations governing nonconforming structures. An application with insufficient information to determine compliance with these regulations should be returned to the applicant with a written statement of what additional information is necessary.

[Amended 10-22-2007 by Ord. No. 10-2007]

(c) Fees. Fees for application for a building permit shall be established by the City Council and may be revised from time to time. No permit shall be issued for sign applications in which the prescribed fee has not been paid.

(d) Enforcement. The Code Enforcement Division of the Fire Department shall be responsible for enforcing these sign regulations. Alleged violations shall be investigated upon the receipt of a written and signed complaint or at the direction of the City Council, the Director of Planning and Development or City Planning Board.

[Amended 10-22-2007 by Ord. No. 10-2007]

D. General regulations.

(1) Construction standards. All signs shall comply with the Uniform Code regarding construction, materials, erection and electrical fixtures.

[Amended 10-22-2007 by Ord. No. 10-2007]

(2) Maintenance standards. All signs shall be maintained in a safe and neat condition. Structural damage, missing letters, deterioration obscuring the sign content or outdated or inaccurate sign contents shall be remedied or the sign removed within 60 days at the landowner's expense. No additional building permits shall be granted to locate additional signs on property that is currently violating these maintenance standards.

(3) Placement standards.

(a) No attached wall sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the building wall more than 12 inches.

(b) Hanging signs which project outward from the face of the building shall have a minimum clearance of 10 feet from the bottommost section of such sign to the surface of any public street, sidewalk or alley. Such signs shall not project more than four feet from the building wall.

(c) Signs shall not be located in road rights-of-way or on sidewalks nor extend beyond the lot lines of the parcel on which the sign is located.

(d) Signs shall not be attached to motor vehicles, trailers or other wheeled structures or vehicles.

(e) Freestanding signs shall not be located within five feet of any lot line or extend 20 feet above adjoining ground level, except in the case of signs erected at shopping centers, which may extend 40 feet above ground level. When located within 20 feet of any lot line, freestanding signs shall either provide a clear space of not less than 10 feet between the bottom of such sign and the curb level or extend no more than four feet above adjoining ground level.

(f) Sign placement shall not obstruct safe sight lines from roads or driveways nor obstruct the view of official traffic signs.

(4) Illumination standards.

(a) No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.

(b) Strings of light bulbs shall not be permitted, except as part of a temporary holiday celebration.

(c) Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads.

(d) Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into public rights-of-way or residential premises.

(e) Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

(5) Prohibited signs.

(a) No sign may be erected so that by its location, color, size, shape, nature or message it would tend to be confused with official traffic signs or other signs erected by governmental agencies.

(b) No sign shall be attached to motor vehicles, trailers or other wheeled structures or vehicles except for signs painted on or otherwise permanently attached to currently licensed and self-propelled motor vehicles that are not primarily used as signs. Signs may not be detached from motor vehicles, trailers or other wheeled structures or vehicles to create an appearance of a permanent sign.

(c) Billboard and off-premise signs.

(d) Bulletin board signs, except as noted in Subsection E(1)(c).

(e) No copy-change signs, except as placed in accordance with Subsection D(3)(a), (b) or (e).

(f) Roof signs.

(g) Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Streamers, animated display boards and propellers are prohibited; but, signs that only move occasionally because of wind are not prohibited if their movement is not a primary design feature of the sign and is not intended to attract attention to the sign. These restrictions shall not apply to signs indicating the time, date or weather conditions or standard barber poles that denote the location of a barbershop.

[Amended 3-25-1996 by Ord. No. 8-1996]

(6) Nonconforming signs/sunset provision. Full conformity with this chapter shall be enforced for all billboard and off-premises signs and for signs that do not conform to the illumination standards in the City by December 31, 1994. Signs not in conformity at that time shall be removed by the owner. If the owner fails to remove the sign, the City shall remove said sign, with the cost of removal charged to the owner.

[Amended 12-7-1992 by L.L. No. 3-1992]

E. Permitted signs.

(1) The following signs are permitted in all zoning districts, without building permits, provided that such signs conform to the provisions of this section:

(a) Identification signs. One unilluminated sign per street that the lot has frontage on no larger than two square feet in area bearing only the address and name of the occupants of the premises or other identification of the premises not having commercial connotations.

(b) Regulatory signs. Signs regulating the use of a property such as "No hunting," "No parking," "Enter" and "Exit," or warning the public of potential hazards, such as "Slippery walk" or "Beware of dog," provided that each regulatory sign is no longer than two square feet in area. Any commercial connotations are calculated against the permissible sign budget.

[Amended 6-14-1993 by Ord. No. 8-1993]

(c) Bulletin boards. One bulletin board or announcement sign not to exceed 16 square feet in area for and on the premises of a public, charitable or religious use.

(d) Governmental signs. All signs erected or posted and maintained by governmental agencies are permitted and exempt from the sign regulations, except as otherwise provided by law.

(e) Gateway signs. All signs erected on public or private land at generally accepted entranceways to the City.

(f) Construction site identification signs. Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors and funding sources and may contain related information, including but not limited to sale or leasing information. Not more than one such sign may be erected per site and it may not exceed a sign area of 32 square feet. Such signs shall not be erected prior to the issuance of a building permit or preliminary subdivision plat approval.

(g) Holiday commemorations. Decorations commemorating nationally or locally recognized holidays or religious events are permitted and may incorporate lights in these decorations to the extent the display does not cause a safety hazard.

(h) Integral decorative or architectural features of buildings or works of art, including historical markers, plaques and tablets, so long as such features or works do not contain trademarks, moving parts or lights.

(i) Signs situated so as to be not visible to the public.

(j) Flags, pennants or insignia of any government or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device. Flags or pennants in connection with commercial promotions or as an advertising device within districts providing sign area of at least 64 square feet. Flags or pennants in connection with commercial promotions or as an advertising device shall not exceed 24 square feet of flow and shall be no larger than any patriotic flag on the premises. Such signage will not be calculated against total sign allowance.

[Amended 9-8-1992 by Ord. No. 92-14; 5-10-1993 by Ord. No. 6-1993]

(k) Real estate signs. "For sale" or "For rent" signs that are nonilluminated and no larger than nine square feet may be erected.

[Amended 5-10-1993 by Ord. No. 6-1993]

(l) Temporary signs not covered in previous categories. Political campaign signs and one additional nonilluminated temporary sign is permitted per lot, provided that no sign area exceeds nine square feet, nor is mounted on or attached to a motor vehicle, trailer or other wheeled vehicle or structure. Such temporary signs shall not be displayed for any period to exceed 60 days in any six-month period. All other unlisted signs require building permits prior to erection.

(2) The following sign area budgets per lot are allowed for signs requiring building permits, based on the zoning district in which the proposed sign is to be located.

(a) Total sign area budget permitted in SFR and MH Districts. A maximum of four square feet in wall-mounted sign area shall be permitted per lot when there is a home occupation present. No additional signage is permitted in SFR or MH Districts, except as otherwise allowed in Subsection E.

[Amended 9-8-1992 by Ord. No. 14-1992; 4-25-1994 by Ord. No. 3-1994]

(b) Total sign area budget permitted in MDR Districts. The maximum sign area for all signs requiring building permits on any lot in the MDR District shall be the greater of nine square feet or the number of linear feet of street frontage of the lot multiplied by 0.3. However, in no case may the total sign area of signs requiring building permits exceed 20 square feet, except as otherwise allowed in Subsection E.

[Amended 9-8-1992 by Ord. No. 14-1992; 4-25-1994 by Ord. No. 4-1994]

(c) Total sign area budget permitted in R/B Districts. The maximum sign area for all signs requiring building permits on any lot, except shopping centers, in the R/B District shall be the greater of 30 square feet or the number of linear feet of frontage of the lot multiplied by 0.75 square foot. However, in no case may the total sign area of signs requiring building permits exceed 64 square feet, except in shopping centers.

[Amended 4-25-1994 by Ord. No. 4-1994]

(d) Total sign area budget permitted in B Districts. The maximum sign area for all signs requiring building permits shall be the greater of 40 square feet or the number of linear feet of street frontage of the lot multiplied by 0.75 square foot, except in shopping centers. However, in no case may the total sign area of signs requiring building permits exceed 128 square feet, except in shopping centers and except as otherwise allowed in Subsection E. Single tenant occupancy of 50,000 square feet building footprint may double the maximum building signage allowed. However, in no case may the total sign area of single tenant occupancy of 50,000 square feet building footprint exceed 500 square feet.

[Amended 9-8-1992 by Ord. No. 14-1992; 4-25-1994 by Ord. No. 4-1994]

(e) Total sign area budget permitted in I/I Districts. The maximum sign area for all signs requiring building permits shall be the greater of 40 square feet or the number of linear feet of street frontage of the lot multiplied by 0.75 square foot. However, in no case may the total sign area of signs requiring building permits exceed 128 square feet, except as otherwise allowed in Subsection E.

[Amended 9-8-1992 by Ord. No. 14-1992]

(3) The following sign area budgets are allowed for shopping centers in R/B and B Districts:

(a) Sign dimensions shall be calculated on the basis of each individual storefront.

(b) The maximum sign area budget for each storefront may be increased an additional 10% if the storefront is at least 100 feet from the nearest street right-of-way. The maximum sign area budget for each storefront may be increased an additional 1% for each 10 feet beyond the first 100 feet from the nearest property line which is most parallel to the storefront. This distance will be deemed to be the shortest line from the closest point on the parallel property line and the storefront.

[Amended 6-14-1993 by Ord. No. 8-1993]

(c) One additional freestanding sign shall be no larger than 100 square feet in sign area and shall identify only the name of the shopping center, except when one or more separate and distinct business occupies a single storefront so long as the total allowable sign area for the lot is not exceeded.

[Amended 9-10-2007 by Ord. No. 7-2007]

(d) The sign budget allowed in waterfront marinas and hotels directly accessible by boat, in all districts, is 300 square feet with no one sign to exceed more than 200 square feet.

[Added 9-8-1992 by Ord. No. 14-1992]

F. Appeals.

(1) Zoning Board of Appeals. Any applicant or person aggrieved by any decision of the Code Enforcement Officer, or his/her designee, made in administering and enforcing this section may appeal such decision to the Zoning Board of Appeals.

[Amended 10-22-2007 by Ord. No. 10-2007]

(2) Supreme Court. Any person aggrieved by any decision of the Planning Board or any officer, department or board of the City may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the City Clerk.

§ 221-53 Usable open space.

A. Purpose. It is the purpose of this section that large residential developments shall be required to provide open space for residents of the development and, in some cases, for the general public. Developed open space shall be designed to provide recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive areas.

B. Every residential development involving 25 or more housing units shall be developed so that at least 5% of the total area of the development remains permanently as usable open space.

C. For the purposes of this section, "usable open space" means an area that:

(1) Is not encumbered with any substantial structure.

(2) Is not devoted to use as a roadway, parking area, sidewalk, storm drainage area or storage area.

(3) Has no dimension measuring less than 20 feet.

(4) Consists of land no more than 25% of which lies within a "floodway" or "area of special flood hazard" as defined in Chapter 105, Flood Damage Prevention.

(5) Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking, jogging or bicycling; is landscaped for ballfields, picnic areas or similar facilities; or is properly vegetated and landscaped with the objective of creating public waterfront access, a wooded area or other area that is consistent with the objectives set forth in Subsection C(6).

(6) Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation.

(7) Is legally and practicably accessible and usable to the residents of the development out of which the required usable open space is taken, or to the public if the City agrees that it will accept an offer of dedication of such open space.

D. Exceptions to the standards. The Planning Board may permit minor deviations from usable open space requirements when it can be determined that:

(1) The objectives underlying these standards or the goals of this chapter can be met without strict adherence to them; and/or

(2) Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

E. Ownership and maintenance of required usable open space areas.

(1) Except as otherwise agreed to between the developer and the City, recreational facilities and usable open space required by this section shall remain under the ownership and control of the developer (or his/her successor) or a homeowners' association or similar organization that satisfies the criteria for responsible upkeep and proper maintenance of the required usable open space area.

(2) Deed restrictions. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions ensuring that:

(a) The usable open space area shall not be subdivided in the future;

(b) The use of the usable open space will continue in perpetuity for the purpose specified; and

(c) Common undeveloped usable open space shall not be turned into a commercial enterprise admitting the general public at a fee.

(3) The person or entity identified in Subsection E(1) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the area and facilities.

(4) Homeowners' association. Homeowners' associations or similar entities that are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

(a) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building is occupied.

(b) The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities.

(c) The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

§ 221-54 Temporary uses and structures.

A. Authorization. Temporary uses and structures are permitted in all zoning districts, provided that they comply with the regulations of this section.

B. Temporary uses or structures allowed without a building permit. The following temporary uses or structures are allowed without a building permit, provided that they meet the requirements established for each of the following:

(1) Garage sales.

(a) Sales of tangible personal property shall be held on the premises of an owner of goods for sale or on the property of a charitable organization.

(b) Retail sales shall be conducted for no more than four days in any calendar year. Longer periods of business operation will classify the use as a permanent retail use rather than as a temporary use and will require a special permit issued by the Planning Board.

(2) Fund raising events for charitable organizations.

(3) City-sponsored or approved uses. Temporary uses or events sponsored, supported or approved by the City of Ogdensburg shall be permitted on a temporary basis.

(4) Sale of a single motor vehicle. The sale and display of not more than one motor vehicle at any one time is permitted as a temporary use. Larger business operations shall be considered a permanent motor vehicle sales use.

(5) Estate or household auctions. Such auction shall be held on the premises of an owner of tangible personal property being auctioned.

(6) Temporary construction offices and sanitary facilities. Such facilities shall be permitted in conjunction with an approved construction project, provided that such structure(s) is occupied only by persons having construction or security responsibilities over such construction site, and shall be removed upon completion of the construction project.

(7) Holiday decorations of a noncommercial nature.

C. Temporary structures requiring a building permit. The following temporary structures may be permitted for up to one year upon application to the Code Enforcement Officer. The temporary building permit may be extended for good cause with approval from the Planning Board.

[Amended 10-22-2007 by Ord. No. 10-2007]

(1) Emergency or temporary residence. A residence (which may be a mobile home) that is:

(a) Located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster and occupied by the persons displaced by such disaster, and is removed upon completion of a new permanent residence; or

(b) Located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed, and is removed upon completion of the permanent residence.

§ 221-55 Nonconforming lots, uses and structures.

A. Purpose.

(1) It is the purpose of this section to provide for the regulation of legally nonconforming structures, lots of record and uses, and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.

(2) This chapter is designed to guide future land use in Ogdensburg by encouraging appropriate groupings of compatible and related uses and to promote and protect the public health, safety and general welfare. The continued existence of nonconformities is frequently inconsistent with these purposes. Nonconformities may adversely affect planned development and may diminish the value of nearby property. Therefore, the gradual elimination of such nonconformities is generally desirable.

B. Nonconforming lots of record.

(1) A nonconforming lot of record is any validly recorded lot which, at the time it was filed with the County Clerk, fully complied with all applicable laws at that time but which does not fully comply with the lot requirements of this chapter concerning minimum area, minimum lot depth or minimum lot width. Lots created prior to any zoning law of the City also are covered by this section.

(2) A nonconforming lot of record may be used for any permitted or conditional use allowed in the district in which the lot is located, provided that the following conditions exist or are met:

(a) The owners of the lot own no adjoining land which would create a conforming lot if combined with the lot which is deficient in area, width or depth.

(b) Any use which will require a water supply and/or sewage disposal shall be connected to City water and/or sewer services.

(c) Any structure or use located on a nonconforming lot shall provide front, side and rear yards conforming to the minimums required for the district in which the lot is located, except as may be otherwise approved by the Board of Appeals under the area variance process provided in § 221-73.

C. Nonconforming uses. A nonconforming use is an activity using land, buildings, signs or structures for purposes which were legal at the time they were established, but which would not be permitted to be established as a new use in the district in which it is located by the terms of this chapter. Any nonconforming use may be continued subject to the following provisions:

(1) Discontinuance. Whenever a nonconforming use has been discontinued for a period of 18 months or more, any future use shall conform to the use regulations for the zoning district in which the site is located.

[Amended 11-12-1996 by Ord. No. 23-1996]

(2) Change of use. If a nonconforming use is replaced by another use, the new use shall conform to this chapter. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. Changes from one nonconforming use to a different nonconforming use is prohibited.

(3) Additional nonconforming uses. No new nonconforming uses are permitted, except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process.

(4) Expansion. Nonconforming uses shall not be expanded or enlarged to occupy a greater area of land than was occupied by the nonconforming use at the effective date of this chapter, except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process.

(5) Destruction.

(a) A nonconforming use which has been changed by fire or other causes, to the extent of not more than 75% of its replacement cost, may be permitted to recontinue as before or may be reconstructed to the size that existed before the damage, as measured in square footage of lot coverage, provided that a building permit is applied for within one year and site plan review is done by the Planning Board.

(b) If a nonconforming use has been damaged by fire or other causes, to the extent of more than 75% of its replacement cost, the nonconforming use shall only be permitted to recontinue if the use is permitted within a zoning district not more than two districts removed from the district in which the nonconforming use is located. For the purposes of this section, the continuum of zoning districts is as follows:

[1] Single-Family Residential (SFR).

[2] Moderate-Density Residential (MDR).

[3] Residential/Business (R/B).

[4] Business (B).

[5] Industrial and Institutional (I/I).

(c) Therefore, the following table explains which nonconforming uses which have been more than 75% damaged may be recontinued:

Zoning Classification of Nonconforming Use	Uses, by Zoning District, That May Be Recontinued
SFR	SFR, MDR, R/B
MDR	SFR, MDR, R/B, B
R/B	SFR, MDR, R/B, B, I/I
B	MDR, R/B, B, I/I
I/I	R/B, B, I/I

(d) Uses that are permitted to recontinue may only be reconstructed to the size that existed prior to the damage, as measured in square footage of lot coverage.

D. Nonconforming structures. A nonconforming structure is any building or structure legally existing prior to this chapter which does not comply with the height or yard requirements of this chapter. Any nonconforming structure may be continued and maintained subject to the following provisions:

(1) Expansion. A nonconforming structure may be expanded, provided that such expansions will meet any front, side and rear yard requirements.

(2) New or additional nonconforming structures. The introduction of any new or additional nonconforming structures is prohibited unless approved by the Zoning Board of Appeals according to the area variance process.

(3) Destruction. A nonconforming structure which has been damaged by fire or other causes may be restored or reconstructed, provided that a building permit is applied for within one year, and the reconstruction shall not further aggravate setback or height regulations more than the original structure.

(4) Completion of structure. Nothing contained in this section shall require any change in the plans, construction or alteration of a structure for which a valid building permit has been issued and work has commenced prior to the effective date of this chapter.

(5) Moving. Should any structure be moved for any reason or for any distance, it shall thereafter conform to the setback and height regulations for the district in which it is located after it is moved.

E. Accessory structures without a principle use. For the purposes of this section a front yard shall be defined as 20 feet from the property line, parallel with the street. All accessory structures shall not be less than six feet in rear and side yards and shall fully comply with minimum front yard requirements as defined by this section. The intent of this section is to promote the orderly development of vacant lots subject to the following provisions:

[Added 9-9-2013 by Ord. No. 15-2013]

(1) Special permitted uses:

(a) Fences. Table 1 - Dimensional Regulations shall not apply to accessory structures without a principle use. All open, solid or opaque fences, no taller than 6 1/2 feet in height on the side and rear yards or four feet in height on the front yard. All other regulations per § 221-37.E(5)(b)(2) shall apply.

(b) Sheds. One shed, which shall be no larger than 150 square feet and shall be constructed on a non-permanent foundation.

(c) Driveways. Driveways shall maintain a minimum of three feet from the edge of pavement to the property line.

(d) Docks, piers and boathouses.