In any district, a lot to be used for building purposes shall
have direct frontage on an improved street or highway or on a street
in a subdivision plat approved by the Planning Board.
Where a district boundary line divides a lot in one ownership
at the time of adoption of said district line, the regulations for
the less restricted portion of such lot shall extend a minimum of
30 feet into the more restricted portion, provided that the lot has
frontage on a street in the less restricted district.
Any drive-in food service building shall be located 60 feet
or more from any public right-of-way. Such businesses where persons
are served in automobiles shall be not closer than 200 feet to a residential
district. Arrangements of ingress and egress of vehicles, lights,
fences and screening shall be approved by the Board of Appeals in
such a way as not to interfere with uses in the residential district.
[Amended 7-7-2020 by L.L. No. 4-2020]
All industrial uses shall comply with the following performance
standards established to promote a clean and attractive environment,
protect the community from potential hazards, and prevent depreciation
of property values.
A. Noise. Noise will be measured at the property line of the zoning lot on which the operation is located. Noise must be muffled so as not to become objectionable due to volume, intensity, proximity or duration or as set forth in the Village of Canajoharie Noise Control Regulations in Ch.
99, Peace and Good Order, Article
II, Noise.
B. Smoke and atmospheric effluence. No dust, dirt, smoke, odor or noxious
gases shall be disseminated beyond the boundaries of the lot where
the industrial use is situated. The emission of smoke or any other
atmospheric pollutant from any chimney or other source shall not exceed
the density or equivalent opacity of No. 1 on the Ringelmann Chart
as measured at the point of emission. In no case shall the emission
of smoke or other particulate matter violate the applicable air resource
regulations of the New York State Department of Environmental Conservation,
including but not limited to 6 NYCRR Parts 200 to 317.
C. Wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream, or on or into the ground, except in strict conformance with Ch.
121, Sewers, Art.
I, Use of Public and Private Sewers, and any standards approved by the New York State Health Department, the New York State Department of Environmental Conservation, or other duly empowered agency. All solid waste material, debris, refuse or garbage must be kept within an enclosed building or properly contained in closed or screened containers.
D. Radioactivity or electromagnetic disturbance. No activities shall
be permitted which emit dangerous radioactivity beyond the building
in which such activity is located. Any handling, storage or disposal
of radioactive materials or waste by-products shall be in strict accordance
with applicable state and federal requirements. No activities shall
be permitted which cause electrical disturbance adversely affecting
the operation of any electronic or telecommunications equipment beyond
the property line unless state or federal regulation requires such
operation to be permitted.
E. Fire and explosion hazards. All activities involving, and all storage
of, flammable and explosive materials, shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
firefighting and fire suppression equipment and devices standard in
the industry. All applicable requirements of the New York State Uniform
Fire Prevention and Building Code, New York State Department of Environmental
Conservation regulations, as well as the provisions of the National
Fire Protection Association (NFPA) Code, shall be followed. Copies
of SARA (Superfund Amendments and Reauthorization Act) forms filed
with the Montgomery County Emergency Response Agency shall also be
filed with the Village Code Enforcement Officer.
F. Glare, heat and vibration. No glare, heat or vibration shall be produced
that is perceptible beyond the boundaries of the lot on which the
industrial use is situated.
G. Landscaping. Landscaping should be used to define entrances to buildings, parking lots, and loading areas, as a buffer between land uses, and to provide screening for outdoor storage, loading and equipment areas. All open areas of any lot must be graded to provide proper drainage and, except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted groundcover in accordance with §
157-25B.
H. Traffic and circulation.
(1) Industrial uses shall provide safe and efficient patterns of vehicle
circulation and access that connect to the existing or future street
network within the community. On-site circulation shall have an adequate
length of stacking for industrial facilities, e.g., loading docks,
terminals, etc., that do not interfere with the movement of traffic
(on or off site) and/or pedestrian areas.
(2) Truck traffic shall be prohibited on certain streets in accordance with the Village of Canajoharie pursuant to the Vehicle and Traffic Regulations in §
145-39.
(3) A traffic impact study may be required to determine utilization (wear)
and circulation features of the site and cumulative effects beyond
the subject property. The property owner will be responsible for excessive
use and destruction of the public roadways caused by trucks or equipment
from any activities associated with the industrial use.
I. Site design.
(1) Any new construction or substantial alteration of a building containing an industrial use shall conform with the architectural design standards set forth in §
157-25C.
(2) To the maximum extent possible, primary building entry facades should
be oriented in a manner that will help to provide a safe and attractive
street edge; and structures should be oriented to screen outdoor storage
areas from view from the street and adjacent areas.
(3) Building styles and designs that visually enhance the industrial
area and are consistent with the architectural character of the community
are strongly encouraged. Blank, windowless walls facing public streets
are discouraged. Breaks in building mass should be used to provide
visual relief for long building facades. Changes in materials, textures
and the utilization of other architectural enhancements at massing
breaks are also encouraged.
(4) Large parking lots should be internalized behind buildings and oriented
away from street frontages so that they are not the dominant visual
element at the front of the site. Large expansive paved areas are
to be avoided in favor of smaller multiple lots separated by landscaping
and buildings.
(5) Adequate lighting should be compatible with and integrated into the
building and landscape design. Lighting shall be designed, directed
and shielded in such a manner that direct light does not leave the
perimeter of the site and the nighttime sky is preserved.
(6) All roof-mounted air-handling units or mechanical equipment shall
be screened from view or disguised within a permanent architectural
feature so as not to be visible from any public right-of-way.
No dump, junkyard or automobile-wrecking yard shall be established
or maintained within 200 feet from any highway or property line. A
permit for any such use shall be obtained from the Village Board subject
to any regulations the Board may prescribe for the public health,
safety and welfare and to any conditions that the Board may impose
in connection with a particular permit. The storing or abandonment
for a month or more of two or more unlicensed or unregistered motor
vehicles, other than farm vehicles, not in operating condition shall
be deemed to be a junkyard. Any of the uses referred to in this section
shall be subject to the requirement that such dumping or junkyard
will not be objectionable by reason of dust, fumes, odors, smoke,
vermin or otherwise detrimental to the public health, safety or welfare
and will not interfere with drainage so as to be injurious to adjacent
land or buildings.
[Amended 7-7-2020 by L.L. No. 4-2020]
A. Signs.
(1) Purpose. This subsection regulates the type, placement, appearance
and physical dimensions of signs within the Village of Canajoharie.
It is intended to protect property values, enhance and protect the
physical appearance of the community, and to improve safety by reducing
distractions, obstructions and hazards.
(2) General sign requirements.
(a)
All signs shall be erected, constructed and located in a manner
that does not obstruct traffic, movement or visibility and shall comply
with all vehicle and traffic laws, as well as all applicable local,
state and federal laws.
(b)
All signs shall be maintained in such condition so as to promote
the health, safety and aesthetic character of the Village, and all
sign finishes, supports and electric services shall be kept clean,
neatly painted and free from hazards, including, but not limited to
faulty wiring, loose supports, braces, guys and anchors.
(c)
All signs shall be compatible within the context of its visual
and physical environment and designed to be consistent with the architectural
character of the building or property on which it is placed, as well
as the architectural character of the Village at large. Sign colors
chosen from an historic color palette are highly encouraged.
(d)
Signs shall display a minimum of information to avoid clutter
and confusion, and multiple signs shall be combined where practicable.
(e)
No permanent sign shall be placed, painted, or drawn on trees,
rocks or other natural features, or on utility poles, bridges, culverts
or other road or utility structures.
(3) Prohibited signs. The following types of signs are prohibited in
all districts:
(a)
Off-site billboards within Village limits, except where permitted
by state or federal law;
(b)
Signs containing flashing, intermittent, rotating or moving lights or messages, except that electronic signs are permitted in Subsection
A(4)(c)[4];
(c)
Signs with lighting devices of excessive intensity beamed or
directed upon a public right-of-way or adjacent premises so as to
cause a traffic hazard or other nuisance;
(d)
Neon signs, internally illuminated signs and portable channel
letter signs;
(e)
Signs having moving parts, fluttering or revolving devices,
or mirror-like surfaces;
(f)
Tethered, gas-filled, or airborne advertising devices.
(4) Permitted signs.
(a)
The following types of signs are permitted in any zoning district
and shall not require a sign permit, provided such signs also comply
with the general requirements of this subsection:
[1]
House numbers and building identification signs mounted on a
structure not exceeding one square foot in area;
[2]
Flags or insignia of any government which do not interfere with
pedestrian or vehicular traffic or otherwise cause a safety hazard;
[3]
Traffic control and directional signs erected by the Village
of Canajoharie, Montgomery County or the State of New York;
[4]
Any sign containing a trademarked logo or symbol that contains
colors that are not included in an historical color palette may be
incorporated into the sign, but the sign shall otherwise comply with
general sign requirements, above;
[5]
Lit or neon signs indicating an establishment is "open," which
do not exceed more than two square feet in area, and which are mounted
on a main entrance door or front-facing window and comply with all
other general sign requirements, shall be permitted.
(b)
In districts zoned R-1, R-2, R-3 and WD, the following types
of signs are permitted and shall require a sign permit to be issued
by the Village of Canajoharie Code Enforcement Officer:
[1]
One freestanding sign for any multiple residence, apartment
building or allowable nonresidential use provided such sign shall
not exceed 15 square feet in area or five feet in height from grade.
(c)
In districts zoned B-1, G-1, M-1 and PDD, the following types
of signs are permitted and shall require review by the Village of
Canajoharie Planning Board prior to issuance of a sign permit:
[1]
Freestanding signs not exceeding 32 square feet in area, less
than eight feet in height from grade, and located no less than three
feet from any sidewalk, or five feet from the edge of the street if
there is no sidewalk.
[2]
Wall-mounted signs with the face of the sign oriented parallel
to the building face not exceeding two square feet in area for each
linear foot of building frontage.
[3]
Projecting signs with the face of the sign oriented perpendicular
to the building face not exceeding 15 square feet in area, extending
more than six feet from the building wall, or installed less than
nine feet above grade.
[4]
Electronic signs with changing messages or that utilize digital
or LED technology.
(5) Temporary signs. Any nonpermanent sign that is designed to be displayed
for a limited amount of time shall be considered a temporary sign,
including but not limited to portable signs, sandwich board or A-frame
signs, lawn signs placed in or on the ground, or signs affixed to
the interior or exterior of a window. Temporary signs shall not require
a sign permit, provided such signs comply with the following requirements:
(a)
No temporary sign may exceed eight square feet in area, or four
feet in height from grade;
(b)
Temporary window signs shall not occupy more than 25% of the
area of the window to which they are affixed;
(c)
No temporary sign may be displayed for more than 60 days, and shall not be removed for a short period of time and the same temporary sign replaced on display, without a permit from the Planning Board. (See also Subsection
A(5)(g) below.)
(d)
No temporary sign may have its own illumination source;
(e)
No temporary sign may be placed in a road right-of-way, obstructing
a sidewalk or in any manner that creates a public safety hazard;
(f)
No temporary sign may be affixed to trees, utility poles, bridges,
culverts or other road or utility structures;
(g)
Temporary signs advertising the sale, lease, or rental of the
premises upon which the sign is located shall be permitted, but shall
comply with the following requirements: such signs shall not exceed
eight square feet in area or 60 inches in height, and there shall
be no more than two signs for each property so advertised. Anything
greater than this in square footage or number of signs shall require
a permit. All sale, lease or rental signs must be removed within one
month from the date the premises were sold, leased or rented. All
such signs must comply with the general sign requirements in this
section.
(h)
Temporary portable signs, including portable channel letter signs, are prohibited as outlined in Subsection
A(3)(d).
(6) Nonconforming signs. Any sign lawfully erected prior to the effective
date of this chapter that does not conform to the provisions and standards
of this subsection, shall be deemed nonconforming. A nonconforming
sign may be continued and maintained but it shall not be re-erected,
relocated or replaced unless it is brought into compliance with all
of the requirements of this subsection.
(7) Discontinued signs. Any existing sign which no longer conveys a current
message to the public, or advertises a business that has been discontinued
or a service no longer available, shall be removed by the owner within
30 days after written notification from the Code Enforcement Officer.
B. Landscaping.
(1) Purpose. This subsection establishes general requirements and design
standards for the installation of landscaping associated with new
development within the Village of Canajoharie and are designed to:
maintain the aesthetic appearance of the community and improve quality
of life for Village residents; buffer potentially incompatible land
uses from one another; improve stormwater management; and increase
property values within the Village. All requirements in this subsection
are minimum requirements, and provision of landscaping in excess of
these requirements is highly encouraged.
(2) Applicability. These landscaping standards shall apply to the following:
(a)
In the B-1, G-1, M-1 and PDD districts, any new construction
or substantial improvement of a building or use requiring site plan
approval, the cost of which exceeds 50% of the fair market value.
(b)
In the R-1, R-2, R-3 and WD districts, any new construction
or substantial redevelopment of a building or use requiring a special
use permit, the cost of which exceeds 50% of the fair market value.
(c)
Any change of use of an existing building that is subject to
site plan approval and requires an increase of off-street parking
or major parking area improvements.
(3) Plan submittal. Landscaping plans shall be submitted to the Village
of Canajoharie Planning Board for review and must comply with the
following:
(a)
Plans shall clearly depict the landscape design in relation
to its surroundings and shall include a to-scale drawing that clearly
indicates all man-made and natural features which bear on the landscape,
including the locations of all structures, parking areas, public streets
and other such man-made features, as well as, all bodies of water,
existing vegetation, and other natural features.
(b)
Plans shall include specific locations, varieties, sizes and
planting details for all proposed plantings on the site.
(c)
Plans shall include a grading plan showing any slopes, berms,
landforms, drains, and stormwater management facilities, if applicable.
(4) General requirements.
(a)
All new development shall be generously landscaped to provide
visual interest in all four seasons by including trees, conifers,
perennials and bulbs.
(b)
Open space shall be designed as an integral part of the overall
site design, and the preservation of mature trees, hedgerows, wetlands
and woodlots shall be encouraged.
(c)
All proposed landscaping shall be in character with the community
and designed to blend in with the prevailing scale and appearance
of neighboring uses.
(d)
All trees and other landscaping installed in satisfaction of
these regulations shall be healthy specimens, suitable for local climate
conditions, and shall be installed consistent with sound horticultural
practices. The use of native species is highly encouraged, and the
use of invasive species as defined by 6 NYCRR Part 575, Prohibited
and Regulated Invasive Species, shall be prohibited.
(e)
Any landscaping installed in accordance with this section shall
be maintained in good order to achieve the objectives of this section.
(5) Required landscaping.
(a)
Landscaping shall be required to create boundaries and transitions
between areas of differing development intensities, as well as to
separate areas of incompatible land uses. In addition to the minimum
setbacks required in Schedule B: Area and Bulk Regulations, a suitable landscape buffer shall be required where dissimilar
land uses are located adjacent to each other. The type and extent
of plantings shall be approved by the Planning Board, and shall be
proportionally greater for increased degrees of incompatibility among
adjacent land uses.
(b)
New parking facilities shall be landscaped to screen from public
view and minimize the unsightliness of parked cars, and shall comply
with the following requirements:
[1]
All parking lots with more than 20 spaces shall have a minimum
of 10% landscaped area.
[2]
Any parking lot located adjacent to and visible from a public
right-of-way shall be separated from the street by a landscaped island
or planting strip.
[3]
Continuous rows of parking consisting of 15 spaces or more shall
be separated by a landscaped island or planting strip, unless demonstrated
not to be practical due to lot configuration.
(c)
Any landscaping installed in accordance with this subsection
shall be of good quality and meet the most current American Standard
for Nursery Stock (ANSI Z60.1) published by the American Association
of Nurseryman. The minimum plant size shall be specified in the landscape
plan and approved by the Planning Board. All landscaping material,
except trees, shall be of a sufficient size at the time of planting
to reach maturity within three years.
C. Architectural design.
(1) Purpose. The Village of Canajoharie includes a concentration of historic
buildings, structures and sites united historically and aesthetically
by their physical development, and which embody the distinctive characteristics
of multiple architectural types, styles and methods of construction.
Most of the Village is a designated historic district that was added
to the National Register of Historic Places in 2015. This subsection
includes architectural design standards intended to preserve the exterior
appearance and character of the Village's historic structures,
promote economic development through the enhancement of its attractiveness
to visitors, protect property values, and ensure that future growth
and development is harmonious, orderly and efficient.
(2) Applicability. These design standards apply to new construction or
exterior renovation of structures or uses requiring site plan approval
or the issuance of a special use permit by the Village Planning Board
within the B-1, G-1, M-1 and PDD zoning districts.
(3) Submission requirements. In addition to any required application
materials, any action that is subject to the standards set forth in
this subsection shall submit the following supplemental material to
the Village of Canajoharie Planning Board for its review:
(a)
Photographs of the site and surrounding area, including all
existing buildings on the property.
(b)
Building elevations which specify all proposed demolition and
construction work, including exterior materials, changes or transitions
in materials, lighting, signs, awnings and similar facade improvements.
(c)
A rendering or illustration showing what the completed project
would look like if viewed from the street as a pedestrian.
(d)
Any of the above requirements may be waived by the Planning
Board if determined to be a hardship or not applicable to the project
being reviewed.
(4) Design standards.
(a)
Renovation of existing buildings.
[1]
Any exterior alterations or new additions shall not destroy
historic materials, features and spatial relationships that characterize
a building, structure or property. Distinctive historic or architectural
features, finishes, and materials shall be preserved whenever possible.
New additions shall be compatible with the size, scale, proportions
and massing of the original structure and shall utilize materials
and finishes that match the old in design, color, texture and other
visual qualities.
[2]
Any renovations or alterations to an existing facade should
include reasonable attempts to preserve the original building design
and features by removing cladding, panels, signboards or similar additions
which conceal the original building design underneath.
[3]
Deteriorated historic features shall be repaired rather than
replaced whenever possible. Where the severity of deterioration requires
replacement of a distinctive feature and/or material, the new feature
and/or material shall match the old in design, color, texture and
other visual qualities.
[4]
Upper-story windows of existing buildings shall be uncovered
and reopened whenever feasible to maintain historic character. The
original spacing, pattern, size, and location of existing windows
shall be preserved.
(b)
New construction.
[1]
New construction shall be compatible with any preexisting building
patterns found in adjacent or nearby buildings with regards to massing,
height, scale, form and setbacks.
[2]
The height of new buildings should attempt to coordinate common
heights and facade lines with immediately adjacent buildings.
[3]
New construction shall place as much of the building width at
the front of the lot as possible to maximize front facade exposure
and maintain the street wall. The front facade shall be kept parallel
to the street.
[4]
The primary entry on all new construction shall be easily identified,
scaled appropriately to the size of the building and face the street.
[5]
New construction located at corner intersections shall place
a majority of the building mass at the corner and/or wrap the corner
by continuing facade elements, such as the cornice, on all street
elevations.
[6]
New construction shall utilize quality materials and colors
that are compatible with those found in existing buildings. The context
of the historic nature of the area shall be considered when choosing
materials and colors. Natural building materials such as brick, stone,
and wood are preferred, and natural colors selected from an historic
paint palette are highly encouraged.
[7]
All required off-street parking areas shall be located at the
side or rear of the building where practical, and should be located
next to adjacent existing parking lots to provide shared parking opportunities.
[8]
Air handling units, condensers, satellite dishes and other equipment
placed on a roof must be screened from view or disguised with a permanent
architectural feature so as not to be readily visible from the street
or waterway.
[9]
The use of landscaping methods, such as low walls, hedges and
tree rows, shall be used to help maintain and reinforce a consistent
street wall in areas where there are no building facades.
(5) Maintenance and repair.
(a)
Nothing in this section shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
building, structure or property which does not involve a change in
design, material or outward appearance.
(b)
All properties shall be kept in a state of good repair in accordance with the provisions of Chapter
105 of the laws of the Village of Canajoharie (Property Maintenance Law). No owner or person with an interest in property shall permit the property to fall into serious disrepair, so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the neighborhood in which it is located.
D. Outdoor storage.
(1) Outdoor storage associated with commercial and industrial uses in
the B-1, G-1, M-1 and PDD zoning districts is permitted as an accessory
use to the main operation subject to the issuance of a special permit
from the Planning Board.
(2) Outdoor storage areas must be on the premises of the business or
in close proximity to the premises, and shall be located so as to
minimize views from adjacent public rights-of-way, including Interstate
90. Where possible, they should be located behind buildings, away
from streets, and obscured from public view to the maximum extent
possible.
(3) Outdoor storage areas must be screened on the perimeter with a minimum
eight-foot-high solid fence or wall. The fence or wall must conceal
the entire area of storage from public view on all four sides and
must be of a suitable color and material as determined by the Planning
Board to complement the existing building structures on the property.
Gates shall be the same color, material and height as the fencing.
Chain link fence is not permitted, unless it is sufficiently screened
by landscaping or other material as determined by the Planning Board.
(4) Landscaping must be installed in front of all fencing on the visible
exterior sides which abut a public right-of-way to soften the visual
impacts of the fencing and to further screen the outdoor storage areas.
(5) All outdoor storage material must be stored in an orderly manner
such that fire codes are met (i.e., access lanes) and access to all
areas of the yard is possible.
(6) Temporary huts, tents or other nonpermanent enclosures are not permitted
to be used for outdoor storage.
(7) All vehicles, trailers and equipment stored outdoors in connection
with a commercial or industrial use must have a valid registration.
Unenclosed outdoor storage of unregistered or unlicensed vehicles,
trailers or equipment is prohibited.