A.
Nonconforming structures.
(1)
General maintenance and repair. Except as otherwise provided for
in this section, nonconforming structures may continue to exist and
be maintained and repaired.
(2)
Structural alterations, renovations and additions. Alterations, renovations
and additions to a nonconforming structure may be made only to the
extent that such alterations, renovations or additions do not increase
the degree of nonconformity and only to the extent that any nonconforming
use related to such structure is not expanded.
(3)
Damaged structures. Nonconforming structures may be repaired and
restored to their former condition after damage by casualty loss or
deterioration due to the elements, except where damage involves over
50% of the floor area devoted to a nonconforming use or where such
damage exceeds 50% of the total replacement cost of the damaged structure.
B.
Nonconforming uses.
[Amended 1-22-2008 by L.L. No. 1-2008]
(1)
Except as otherwise provided for herein, nonconforming uses may continue
to exist.
(2)
A nonconforming use may not be enlarged to occupy additional floor
area within an existing structure or additional lot space nor be converted
to any other use except in conformance with this chapter.
(3)
No nonconforming use, if changed to a conforming use, shall thereafter
be changed back to a nonconforming use.
(4)
Any nonconforming use of a structure or land which has ceased for
a period of six months is terminated as a nonconforming use, and thereafter
such structure or land shall be used in conformity with this chapter.
A.
As a prerequisite to the issuance of any special permit, the following
general findings shall be made:
(1)
The proposed use is in compliance with all other applicable regulations
of this chapter, inclusive of specific district controls and controls
applicable to all districts, and all other applicable local, state
and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character
or integrity of any land use within the immediate neighborhood having
unique cultural, historical, geographical, architectural or other
special characteristics.
(3)
The proposed use is to be developed in such a way as to ensure maximum
amenities available to the site, based upon a consideration of the
site plan and functional requirements of the proposed use.
(4)
The proposed use is physically and visually compatible with and will
not impede the development or redevelopment of the general neighborhood
or adversely affect the existing land use within close proximity to
the subject site.
(5)
The proposed use will be provided with adequate supporting services
such as fire and police protection, public and private utilities and
all other supporting governmental services necessary and appropriate
to the proposed use.
(6)
Controls for vehicular and pedestrian movement are designed to provide
for the safety of the general public and the occupant, employees,
attendants and other persons for whose benefit the use is intended.
In making this determination, consideration shall be given to but
need not be limited to the following:
(a)
Location and adequacy of parking and loading facilities.
(b)
Pedestrian rights-of-way.
(c)
Traffic regulatory devices.
(d)
Location, number and design of points of ingress and egress.
(e)
Accessibility by emergency vehicles, with particular emphasis
on access to structures, and provision for turning and free movement.
(f)
Provision for snow storage.
(g)
Age and mobility of all persons for whose benefit the use is
intended.
(h)
Speed limits upon and general character of public highways in
close proximity.
B.
In making a determination as to compliance with any one or more of
the general findings set forth above, consideration shall be given
to but need not be limited to the following elements:
C.
Prior to making any decision regarding an application for a special
permit and within 62 days from the day a special use permit application
is received, the Board of Appeals shall conduct a public hearing,
at which parties in interest and citizens shall have an opportunity
to be heard. Public notice of said hearing shall be printed in the
official newspaper of the Village at least five days prior to the
date thereof. The Board shall decide upon the special use permit application
within 62 days after the hearing. However, the time within which the
Board must render its decision may be extended by mutual consent of
the applicant and the Board.
[Added 5-22-2007 by L.L. No. 4-2007]
D.
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for special permit approvals for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay. The approved special permit shall be consistent with the provisions of Chapter 134 of the Code of the Village of Solvay.
[Added 11-27-2007 by L.L. No. 11-2007]
[Added 7-22-2003 by L.L. No. 4-2003]
A.
The following provisions are applicable to all districts and to all
uses in the Village except one-family and two-family dwellings and
uses accessory thereto, and for structures on a site measuring less
than 200 square feet.
[Amended 1-22-2008 by L.L. No. 1-2008]
B.
Before a building permit is issued, a professionally certified site
plan shall be submitted for review to the Village Board relating to
all proposed construction and land use and including, at a minimum
and as relevant to the project:
(1)
Contours of the land.
(2)
Traffic patterns and traffic regulatory devices.
(3)
Points of traffic ingress and egress.
(4)
Right-of-way and cross sections of adjacent streets.
(5)
Location and design of any intersection in close proximity to
the site.
(6)
Location and design of parking and loading facilities.
(7)
Location of pedestrian walkways.
(8)
Elevation of buildings.
(9)
Proposed building location and shape.
(10)
Proposed building materials.
(11)
Proposed building dimensions.
(12)
Sufficient setback from existing highway.
(13)
Sewer, water and drainage plans.
(14)
Existing and proposed utilities.
(15)
Landscape plans.
(16)
Such other and further information required by the Village Board.
C.
As a prerequisite to the approval of any site plan, the Village Board
shall make the following general findings:
(1)
The proposed use is in compliance with all other applicable
regulations of this chapter, inclusive of specific district controls
and controls applicable to all districts, and all other applicable
local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character
or integrity of any land use within the immediate neighborhood having
unique cultural, historical, geographical, architectural or other
special characteristics.
(3)
The proposed use is physically and visually compatible with
and will not impede the development or redevelopment of the general
neighborhood or adversely affect the existing land use in proximity
to the subject site.
(4)
The proposed use will be provided with adequate supporting services
such as fire and police protection, public and private utilities,
and all other supporting governmental services necessary and appropriate
to the proposed use.
(5)
Controls for vehicular and pedestrian movement are designed
to provide for the safety of the general public and the occupants,
employees, attendants, and other persons for whose benefit the use
is intended.
(a)
In making this determination, consideration shall be given to,
but need not be limited to, the following characteristics:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number and design of points of ingress
and egress.
[5]
Accessibility by emergency vehicles, with particular
emphasis on access to structures, and provision for turning and free
movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit
the use is intended.
[8]
Speed limits upon and general character of public
streets in proximity.
(b)
Compliance with the off-street parking requirements found in
this chapter shall not constitute a determination that the foregoing
requirements have been satisfied.
(6)
The proposed use will not generate any adverse environmental
impact upon the surrounding properties, including, but not limited
to, the emission of dust, noise, vibration, heat, glare, odor or electronic
interference. In addition, drainage facilities on the site should
be appropriate for the proposed use and properly integrated into off-site
drainage systems.
D.
Criteria. In making a determination of compliance with any one or more of the above general findings set forth in Subsection C above, consideration shall be given, but need not be limited to, the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials,
colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation,
topography and natural vegetation.
(4)
The nature and intensity of development in general proximity
to the site.
E.
The Village Board, as part of its review and approval, may attach
such requirements and conditions as it deems proper to accomplish
the purposes of this chapter, including but not limited to the imposition
of provisions for financial security to guarantee performance, time
limitations on the duration of any activity associated with the use,
provisions for the termination, conversion or recertification of the
use, and such other conditions deemed reasonable and appropriate by
the Village Board.
F.
Decisions of the Village Board shall be by resolution approving,
approving with modifications and/or conditions or disapproving the
site plan.
G.
Construction and land use shall be in accordance with the site plan
finally approved by the Village Board. No certificate of occupancy
shall be granted until the approved site plan has been complied with
in all respects.
H.
Time limit on the site plan review. Approval of a site plan review
by the Village Board shall be valid for a period of 180 days from
the date of approval for the purpose of obtaining a building permit.
Failure to secure a building permit during this period shall cause
the site plan approval to become null and void. Upon application,
the Village Board may extend the period of approval for an additional
180 days from the date of original approval; only one such extension
shall be granted for any site plan.
I.
Modification to a site plan use or structure. Any modifications or
changes to a use or structure originally requiring a site plan review
shall itself require site plan review, except for the following:
(1)
Removal or repair of a dangerous condition in a principal or
accessory structure when it is determined by an enforcement agency
that circumstances exist which, if not corrected, will constitute
a threat to the life, health or safety of the general public or such
other persons for whose protection such regulations are intended.
Such a determination may be verbal or in writing. The term "enforcement
agency" shall refer to any public agency or official having jurisdiction
to issue orders affecting the life, health and safety of persons within
the Village of Solvay.
(2)
Routine repair, replacement or maintenance of electrical or
mechanical installations or of damaged or worn parts or surfaces,
including repainting, facade repair and roof replacement of principal
and accessory structures.
(3)
Changes in ownership or management of an establishment which
do not change the specific use of the property.
(4)
Repaving or painting of driveway and parking areas without altering
the approved traffic pattern.
(5)
Routine landscaping and plant replacement or establishment of
new landscaped areas without altering the approved vehicular circulation
and parking pattern or pedestrian circulation pattern, consistent
with any applicable controls in the approved plan concerning height,
location and visibility.
(6)
Repair or replacement of existing screening devices in accordance
with the approved site plan.
J.
In addition to the requirements set forth herein, industrial uses shall be subject to the provision set forth in § 165-39.
K.
Review by Planning Commission.
(1)
Referral and recommendation, if, in its discretion, the Village Board refers a site plan application submitted in accordance with this section to the Village Planning Commission, the Planning Commission shall respond to the Village Board with a recommendation of approval, approval with modifications or denial, unless the application is abandoned as discussed in Subsection K(2) below.
(2)
Review. In its review of the application, the Planning Commission
may require such changes in the site plan as are found to be necessary
or desirable to meet the requirements of this chapter, to protect
the established or permitted uses in the vicinity and to promote the
orderly growth and sound development of the community. The Planning
Commission shall notify the applicant of such changes and may discuss
the changes with the applicant. The applicant may submit to the Planning
Commission a revised site plan incorporating the changes required.
Such resubmission shall be made within such time as may be allowed
by the Planning Commission after the notification by the Planning
Commission. If such resubmission is not so made, the application shall
be deemed abandoned.
L.
Approval of a special permit required in this chapter shall be sufficient
and shall supersede any requirement for site plan approval as set
forth in this section.
M.
An application for site plan review as required by this chapter shall
be accompanied by a fee schedule which is set from time to time by
resolution of the Board of Trustees.
N.
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for site plan approvals for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay. The approved site plan shall be consistent with the provisions of Chapter 134 of the Code of the Village of Solvay.
[Added 11-27-2007 by L.L. No. 11-2007]
A.
Corner lot frontages. On every corner lot, a minimum front yard depth shall be provided for each street frontage in accordance with § 165-28.
B.
Corner lot hedges and fences. For the purpose of maintaining unobstructed
vision, no fence or hedge having a height in excess of 2 1/2
feet shall be erected, replaced or maintained closer than five feet
to the point where property lines intersect at a street corner, nor
shall a fence or hedge along a street line exceed 2 1/2 feet
in height if placed within two feet of a driveway.
[Amended 11-25-2003 by L.L. No. 6-2003]
A.
Permit required for fence. No fence shall be installed prior to the
issuance of a building permit by the Code Enforcement Officer.
B.
Height, nature and location of fences. Except for those regulations applicable to corner lots as set forth in § 165-32, the following height and location regulations shall apply:
(1)
Front yard. Fences permitted within required front yards may not
exceed four feet in height and shall be of an open design, such as
chain link, ornamental iron, rail and picket, with a uniform ration
of space to fence material of at least one to one. Opaque fences,
such as basket-weave or stockade, are prohibited within the required
front yard. On corner lots, any portion of a lot contiguous to a public
right-of-way shall be considered as front yard area for the purpose
of applying the regulations herein.
(2)
Side and rear yards. No fence shall exceed six feet in height within
required side and/or rear yards.
(3)
Within commercial or industrial districts only, fences may be up
to eight feet in height in side and rear yards.
C.
Prohibitions. Barbed wire or electrified fences are prohibited.
D.
Placement and maintenance of fences and hedges:
(1)
Fences and hedges shall be placed and maintained so that they do
not project into adjoining properties and so they do not infringe
upon any public right-of-way.
(2)
All fences and hedges shall be maintained in a sound, safe and orderly
condition at all times.
(3)
All portions of a lot enclosed by a fence or hedge shall be made
accessible for fire-fighting purposes.
(4)
The finished side of a fence shall face the adjoining landowner.
E.
Nonconforming fences. Where a lawful fence exists at the effective
date of adoption of this law that could not be constructed under the
terms contained herein because of its height, visibility characteristics,
location or any other requirement, such fence may be maintained so
long as it remains otherwise lawful, subject to the following provisions:
(1)
No such fence may be enlarged or altered in a way which increases
its nonconformity, but any such fence or portion thereof may be altered
to decrease its nonconformity.
(2)
Where a fence is damaged due to any cause, including deterioration
due to the elements, or is declared unsafe, and the cost of restoration
or correction exceeds 50% of the replacement cost of the entire fence,
then the fence shall not be corrected and restored except in compliance
with the provisions of this section.
(3)
Should such a fence or portion thereof be relocated within a lot,
that portion which is relocated shall be subject to the provisions
of this section.
A.
Front yards shall be structurally unoccupied and unobstructed from
the ground upward, except for walls and fences as regulated elsewhere
herein, and no more than 25% of said front yard shall be used for
proper vehicle parking.
[Amended 10-8-1991 by L.L. No. 4-1991; 3-12-1996 by L.L. No.
2-1996]
B.
Rear yards.
[Amended 5-16-2006 by L.L. No. 2-2006]
(1)
Rear yards shall be structurally unoccupied and unobstructed from
the ground upward, except for walls and fences, swimming pools, vehicular
parking facilities and accessory structures regulated herein.
(2)
A swimming pool may be located in a rear yard, provided any pool
wall, walk or equipment shall be located a maximum of five feet from
the rear lot line and a minimum of five feet from the rear lot line
and a minimum of five feet from the side lot line. Further, lights
used to illuminate the pool or pool area shall be shielded or installed
so as to prevent said lights from shining directly upon any adjacent
property.
C.
Side yards shall be structurally unoccupied and unobstructed from
the ground upward, except for fences and walls as regulated herein.
It is the intent of this section to provide physically landscaped
buffer areas or corridors around all nonresidential uses where such
uses abut residentially zoned properties.
A.
General regulations.
(1)
Physical buffers or corridors shall be required in all instances
in nonresidential districts where properties abut residential districts.
(2)
The construction and maintenance of required physical buffers or
corridors shall be the responsibility of the owner of the property
for which the building permit is requested.
(3)
No parking, loading, driveway or structural encroachment shall be
permitted within a required physical buffer area or corridor.
(4)
The buffer zone must be provided with shrubbery, plantings and landscaping
to provide an opaque barrier between the industrial use and the adjacent
residentially zoned areas. The details of the landscaping plan must
be approved by the appropriate board during the site plan review procedure.
[Added 10-8-1991 by L.L. No. 4-1991]
(5)
There shall be no buildings or structures constructed in the buffer
zone, nor shall there be any equipment or material stored there.
[Added 10-8-1991 by L.L. No. 4-1991]
B.
Specific requirements.
[Added 1-22-2008 by L.L. No. 1-2008]
(1)
Side yards. Along the side lot line of a nonresidential district
lot adjoining a residential district, there shall be provided a yard
of at least 50 feet in depth.
(2)
Rear yards. Along the rear of a nonresidential district lot abutting
the side lot line of a lot in a residential district, there shall
be provided a yard of at least 50 feet. This requirement does not
apply to properties located within the Milton Avenue (M) District.
(3)
Where side and rear yards are required pursuant to the above subsections,
there shall be provided and maintained along the lot line of such
yards an effective protective screen to separate and conceal the adjoining
residential zone free from the persons, activities and traffic which
may result from the activities permitted in the respective nonresidential
districts.
All permanent outdoor lights used for area lighting, building
floodlighting or the like shall be steady, stationary and directed
so as to avoid causing a hazard to motorists or pedestrians and to
avoid causing direct illumination of neighboring properties.
[Added 11-27-2007 by L.L. No. 11-2007]
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay.
[Amended 10-8-1991 by L.L. No. 4-1991]
Within six months after work on an excavation for a building
has begun or within six months after a permanent or temporary building
or structure has been destroyed, demolished or abandoned, all structural
materials shall be removed from the site, and the excavation thus
remaining shall be covered over or filled to the normal grade by the
owner. The time for compliance with this section, however, may be
extended for three-month periods at the discretion of the Code Enforcement
Officer.
One real estate sign shall be permitted, not larger than three
feet by four feet, on one lot, advertising the sale or letting of
only the premises on which it is maintained and set back -not less
than 15 feet from the street line and not less than 10 feet from each
side line, except that where acreage available for or in process of
subdivision is advertised for sale or letting, one real estate sign
not larger than three feet high by eight feet long shall be permitted
on each 500 to 1,000 feet of frontage or one real estate sign three
feet high by four feet long on each 500 feet of street frontage, provided
that said signs are set back not less than 30 feet from the street
line. Said three feet of height shall be construed to mean the height
of the main sign itself and not the height from the ground or curbline.
[Added 12-15-2015 by L.L.
No. 1-2015]
A.
For
purposes of this chapter, a "garage door" is defined as a door, made
of wood, metal, or fiberglass, that opens either manually or by an
electric motor on a private garage of sufficient size to allow a vehicle
to enter. Garage doors may slide or swing horizontally, tilt up and
back across a garage ceiling, or roll on tracks across a garage ceiling.
B.
Private
garages designed to include a garage door shall, at all times have
a garage door installed and operational.
C.
Upon
the installation of a garage door in a private garage, regardless
of the initial design of such garage, such garage door shall be maintained,
repaired and/or replaced so as to be operational at all times.
D.
Any
garage door that is inoperable, broken, missing, sagging, lacking
an exterior finish or missing visible parts or materials shall be
repaired and/or replaced in a timely manner.
[1]
Editor's Note: Former § 165-38.1, Political signs,
added 11-23-1999 by L.L. No. 10-1999, was repealed 3-25-2014 by L.L.
No. 2-2014.
[Added 10-8-1991 by L.L. No. 4-1991]
A.
Pursuant to § 165-31.1, all industrial uses shall require site plan review by the Village Board prior to the issuance of a building permit. In addition to the criteria set forth therein, industrial uses shall meet the performance standards set forth in this section.
[Amended 7-22-2003 by L.L. No. 4-2003]
B.
Minimum performance standards. The Code Enforcement Officer shall
ensure that the following standards are met by any use located within
an industrial district. Failure to meet these standards shall be reported
to the Village Board, which may take such actions as it deems necessary
in accordance with this chapter, including but not limited to revoking
the certificate of occupancy. These minimum performance standards
shall be in addition to meeting any and all federal, New York State
and Onondaga County health and safety requirements and standards.
(1)
Noise. No use within an industrial zone shall emit a measurable noise
which shall be unreasonably loud or disturbing to surrounding property
owners and/or users. The standards for determining whether a noise
is unreasonably loud or disturbing shall be as follows:
(a)
No noise measured at a property line of an industrially zoned
property shall exceed 70 decibels during the period between 6:00 a.m.
and 10:00 p.m. or 60 decibels during the period between 10:00 p.m.
and 6:00 a.m. The decibel limits shall be decreased by five decibels
for any industrially zoned property adjacent to a residentially zoned
property.
(b)
Sound pressure levels in decibels shall be measured on the A-weighted
response scale with a meter set to the slow response mode; sound level
meters used shall have the characteristics defined in the American
National Standards Institute publication S1.4 1971 (R1983). Measurements
shall be conducted in accordance with ANSI S1-36, 1979.
(c)
The sound level may not exceed these established sound levels
by more than six decibels for a period of more than six minutes during
any sixty-minute continuous period.
(d)
Noise, as measured at the property line, shall not be objectionable due to intermittence, beat frequency, high frequency or other distributing characteristics. For noises that the Code Enforcement Officer determines to be impulsive in character (for example, hammering) or objectionable for any of the other above-noted characteristics, then the standards cited in Subsection B(1)(a) shall be reduced by five decibels. Sounds of short duration, such as impact noises, shall be measured with either an impact analyzer or a sound level meter having a standardized I (impulse) characteristic.
(e)
Exemptions. The following uses and activities shall be exempt
from the noise level regulations:
[1]
Noises emanating from temporary construction and maintenance
activities between 7:00 a.m. and 6:00 p.m.
[2]
The noises of safety signals, warning devices, emergency pressure
relief valves or other emergency warning signals.
[3]
Transient noises of moving sources such as automobiles, trucks,
airplanes and railroads. Uses requiring regular deliveries by truck
may be required by the board with appropriate jurisdiction to reduce
noise levels to an approved level based on the proximity of residential
uses. In no case shall the required noise levels be lower than those
outlined above.
(2)
Odor. No use within an industrial district shall emit an odor that
is unreasonably offensive, as measured at the property line of the
use.
(3)
Dirt, dust, heat, toxic emissions, radiation interference. No use
within an industrial district shall create or emit dust, heat, dirt
or other particulate matter, radiation, toxic emissions or electronic
or radio interference which shall adversely affect uses on adjacent
or neighboring properties. In reference to particulates, the minimum
standard shall be a maximum particulates, concentration of 75 micrograms
per cubic meter of air for the geometric mean of twenty-four-hour
average concentrations during 12 consecutive months. For any twenty-four-hour
period, the maximum allowable concentration of particulates shall
be 250 micrograms per cubic meter of air.
(4)
Storage. No goods, materials, waste, trash, garbage or other matter
shall be stored outside of a building without being fully enclosed
to provide both screening, security and containment. Any exception
to this type of storage, such as storage of bulk raw materials, shall
be granted by the appropriate board during the site plan review procedure.
This storage approval may be revoked if a change of ownership or use
occurs or if the storage results in an adverse impact on adjacent
properties.
(5)
Vibration:
(a)
Ground-transmitted vibration shall be measured with a seismograph
capable of recording simultaneously vibration vectors in three mutually
perpendicular directions.
(b)
"Vibration" is defined as the periodic displacement or oscillation
of the earth.
(c)
Measurement of particle velocity.
[1]
For administrative purposes, vibration shall be measured at
or beyond any adjacent lot line or residential district line, and
such measurements shall not exceed the particle velocities as designated
in Table I. The maximum vibration is given as particle velocity, which
may be measured directly with suitable instrumentation or computed
on the basis of displacement and frequency. When computed, the following
formula shall be used:
|
PV
|
=
|
6.28 DxF
|
|
Where
| ||
|
PV
|
=
|
Particle velocity in inches per second.
|
|
D
|
=
|
Single amplitude displacement in inches.
|
|
F
|
=
|
Vibration frequency (Hertz) in cycles per second.
|
[2]
The maximum particle velocity shall be the maximum vector sum
of the three mutually perpendicular components recorded simultaneously.
|
Table I
| |||
|---|---|---|---|
|
Maximum Peak Particle Velocity
(inches per second)
| |||
|
Vibration
|
A*
|
B
|
C
|
|
Steady state**
|
0.02
|
0.05
|
0.10
|
|
Impact***
|
0.04
|
0.10
|
0.20
|
|
*
|
Reduced by 1/2 between 10:00 p.m. and 6:00 a.m.
|
|
**
|
Steady state: vibrations which are continuous or vibrations
in discrete impulses more frequent than 60 per minute.
|
|
***
|
Impact: discrete impulses which do not exceed 60 per minute.
|
|
A =
|
Vibration velocity measured at a residential district boundary.
|
|
B =
|
Vibration velocity measured at the boundary of an industrial
district and any other district, excluding residential districts.
|
|
C =
|
Vibration velocity measured at an adjacent lot line within an
industrial district.
|
(6)
Glare. No illumination shall cause direct light rays to cross any
property line in an industrial district. All permanent outdoor lights,
such as those used for area lighting or building floodlighting, shall
be steady, stationary, shielded sources directed to avoid causing
a hazard to motorists or pedestrians or causing direct light rays
on other properties. The marginal increase in light as measured at
any property line other than a street line shall not exceed one footcandle;
only a five-tenths-footcandle marginal increase in light shall be
permitted at any property line which is also a residential district
line.
C.
Procedure:
(1)
New application.
(a)
In the case of any application for the establishment of a new
use subject to these performance standards, the appropriate review
board may require the applicant, at his own expense, to provide such
evidence as it deems necessary to determine whether the proposed use
will conform to the above standards.
(b)
If the appropriate review board deems it necessary, expert advice
may be obtained, with the cost of such advice paid for in advance
by the applicant as a condition of further consideration of his application.
The report of any expert consultants shall be promptly furnished to
the applicant and subsequently to the reviewing Board.
(c)
During the course of either the site plan or special permit
review, the appropriate board shall determine whether the applicant's
proposal will conform to the above-noted performance standards, and
this determination shall be a necessary, though not exclusive, condition
for granting the appropriate board's approval.
(2)
Industries which are subject to these performance standards:
(a)
The Code Enforcement Officer shall investigate any purported
violation of these performance standards by industries which are not
exempt from these standards because they existed lawfully at the time
of enactment of this chapter. If there are reasonable grounds for
assuming that there is a violation of these performance standards,
the Code Enforcement Officer shall notify those responsible for the
alleged violation. Such notice shall describe the particulars of the
alleged violation and shall require a written response or corrective
action to the alleged violation within a reasonable time limit set
by the Code Enforcement Officer, but not to exceed 180 days. The notice
shall state, and it is hereby declared, that failure to reply or to
correct the alleged violation to the satisfaction of the Code Enforcement
Officer within the time limit set shall constitute an admission of
violation. The notice shall state that, upon request of those to whom
it is directed, technical determinations can be made by experts mutually
agreeable to the Code Enforcement Officer and to those responsible
for the alleged violation. In the event of an inability to select
a mutually agreeable expert, the Code Enforcement Officer shall select
the expert. If the expert determines that the violation or alleged
violation is true, then costs of the determinations shall be charged
against those responsible, in addition to any penalties as may be
appropriate upon terms of this chapter. However, if it is determined
that no violation exists, costs of the determinations shall be paid
by the Village of Solvay.
(b)
If there is no reply to the notice within the time limits set
(thus establishing an admission of violation as provided above) and/or
the alleged violation is not corrected to the satisfaction of the
Code Enforcement Officer within the time limit set, then the Code
Enforcement Officer shall take such actions as may be appropriate
under this chapter for situations where an admitted violation continues
after notice to cease.
D.
Signs for industrial uses shall be as follows:
(1)
Address sign: one wall sign for each building containing a principal
use. Each sign shall not exceed four square feet in size and one foot
in height.
(2)
No more than two freestanding signs, illuminated or nonilluminated,
per curb cut solely for the purpose of traffic control on private
property. Each sign shall not exceed two square feet in area.
(3)
Industrial identification sign: one wall sign for each building containing
a principal use.
(a)
The sign shall not exceed 1 1/2 square feet of sign area
per linear foot of building frontage measured at the user's main entrance,
and the sign shall not exceed 100 square feet in total size.
(b)
The sign may be nonilluminated or illuminated by indirect light
only.
(c)
For industrial buildings located on a corner lot, one additional
wall sign for each building containing a principal use is permitted.
The sign shall not exceed 1 1/2 square feet of sign area per
linear foot of building frontage measured along the intersecting street
frontage. The total size of all signs on each building shall not exceed
125 square feet.
(d)
During the site plan review process, the appropriate board shall
review the placement and design of signs to ensure compatibility with
surrounding land uses. In addition, the appropriate board may authorize
a temporary sign during construction of a building, not to exceed
32 square feet. The sign may be a freestanding or a wall sign, nonilluminated,
and may denote the architect and firm, engineering firm or contractor
on the premises where construction, repair or renovation is in progress.
Such sign shall be removed within 10 days after completion of the
project.
(4)
General prohibitions in the industrial district.
(a)
Sign height. No sign shall be erected or maintained on the face
of a building so that any portion shall extend above the base of the
roofline.
(b)
Illumination. Any illuminated sign or lighting device shall
employ only lights emitting constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating or moving
light or lights. Holiday decorations and lights when displayed from
November 15 to January 6 shall not be considered signs or parts of
signs.
[Added 9-26-2000 by L.L. No. 2-2000]
A.
No adult use shall be allowed or permitted in any zoning district
of the Village, except an Industrial District. All adult uses shall
comply with the applicable provisions of the Code, including those
related to structures and uses permitted in an Industrial District.
B.
No person shall construct, establish, operate or maintain, or be
issued a certificate of occupancy for, any adult use within the Village
unless such use meets the following standards:
(1)
No more than one adult use shall be allowed or permitted on any one
lot.
(2)
No adult use shall be allowed or permitted on a lot that is within
600 feet of:
(a)
A lot on which there is another adult use.
(b)
Any Residential District (R-1, R-2, R-3).
(c)
Any property that is utilized, in whole or in part, for residential
purposes.
(d)
Any church or other regular place of worship, community center,
funeral home, library, school, nursery school, day-care center, hospital
or public park, playground, recreational area or field.
(e)
Any public buildings.
(f)
Any hotel or motels.
(3)
Where there is a conflict between the regulations as provided in this § 165-40 and any other law, rule or regulation of the Village, including the Code, the most restrictive law, rule or regulation shall apply.
(4)
All distances set forth herein shall be measured by following a straight
line, without regard to intervening structures or improvements, from
the nearest point of the lot line of the parcel on which the adult
use is to be located to the nearest point of the lot line of the parcel
of land from which the adult use is to be separated.
C.
No adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical activities from any public way
or from any other lot, including but not limited to any lighting,
display, decoration, poster, photograph, video, sign, show, doorway,
window, screen or other opening.
[Added 12-18-2018 by L.L.
No. 7-2018]
A.
No convenience store use shall be allowed or permitted in any zoning
district of the Village, except in the Commercial (C) District. All
convenience store uses shall comply with the applicable provisions
of the Code, including those related to structures and uses permitted
in the Commercial (C) District.
B.
No person shall construct, establish, operate or maintain, or be
issued a certificate of occupancy for, any convenience store use within
the Village unless such use meets the following standards:
(1)
The lot shall have a minimum street frontage of at least 150
feet.
(2)
Convenience store structures shall consist of a minimum of 3,500
square feet.
(3)
Fuel service limitations:
(a)
All fuel pumps shall be located at least 25 feet from any street
line or 50 feet from any other lot line. Gasoline fuel service shall
be limited to eight fuel dispensing points, and there shall be one
diesel fuel dispensing point and one electrical charging station.
(b)
All fuel, oil, gasoline or similar substances shall be stored
underground at least 35 feet from any lot line and tanks shall be
installed and maintained in accordance with all federal, state and
local standards. Vents must be at least 25 feet from any lot line.
(4)
Entrance or exit driveways shall be located at least 20 feet
from any side or rear lot lines. Such driveways shall be laid out
to avoid the necessity of any vehicle backing across any right-of-way.
(5)
No accessory buildings are permitted.
(6)
The physical buffer or corridor areas abutting residentially zoned properties shall comply with § 165-35 of the Village Code. Plantings shall be properly bedded when planted and shall thereafter be maintained and fertilized to assure long life and growth and replaced when dead. In addition, or as an alternative to plantings and landscaping, the Village Board may require the installation of an opaque fence, measuring six feet in height, to minimize the impact of the commercial use upon neighboring residentially zoned properties.
(7)
No vehicle repair work nor motor vehicle sales shall be allowed.
(8)
No car wash nor vehicle cleaning shall be allowed.
(9)
No outside storage, product display nor sale shall exceed the
overhang of the convenience store structure.
(10)
All refuse shall be stored within opaque enclosed areas.
(11)
Lighting shall be dark sky compliant and all lighting shall
be designed to limit the potential impacts of site lighting on neighboring
lands and highways.
(12)
Off-street parking requirements shall be determined in accordance
with general retail and personal service establishment uses. Off-site
parking may not be used when calculating parking.
C.
Signage for convenience store uses, which is subject to comprehensive
review and approval by the reviewing board upon submission of detailed
information, shall be as follows:
(1)
Signage may be nonilluminated or illuminated by indirect light
only. Any illuminated sign shall only employ lights emitting a light
of constant intensity.
(2)
Standards for electronic message display.
(a)
The size and location of an electronic message display shall
be measured from exterior frame to exterior frame and shall be included
in the allowable total sign size.
(b)
The electronic message display shall be located in conjunction
with the site plan approved by Village Board or special permit issued
by the Village Zoning Board of Appeals and may not be located closer
than two feet from any front or side property line.
(c)
Other requirements. The use, size and location of digital signs
must comply with all other relevant regulations and ordinances of
the Village.
(d)
Display.
[1]
The display or message shall not change more frequently
than once every eight seconds, with a transition period of one second
or less.
[2]
A digital sign must have installed an ambient light
monitor, which shall continuously monitor and automatically adjust
the brightness level of the display based on ambient light conditions
consistent with the terms of this section.
[3]
The maximum brightness levels for digital signs
shall not exceed 0.2-footcandle over ambient light levels measured
within 150 feet of the source, consistent with the terms of this section.
Certification must be provided to the Code Enforcement Officer demonstrating
that the sign has been preset to automatically adjust the brightness
to these levels or lower. Re-inspection and recalibration may be periodically
required by the Code Enforcement Officer in their reasonable discretion,
at the owner's expense, to ensure that the specified brightness levels
are maintained at all times.
[4]
Brightness of digital signs shall be measured as
follows: at least 30 minutes following sunset, a footcandle meter
shall be used to obtain an ambient light reading for the location.
This is done while the sign is off or displaying black copy. The reading
shall be made with the meter aimed directly at the sign area at the
pre-set location; the sign shall then be turned on to full white copy
to take another reading with the meter at the same location; and,
if the difference between the readings is 0.2 footcandle or less,
the brightness is properly adjusted.
(3)
No sign or sign structure shall be erected at the intersection
of any street in such a matter as to obstruct free and clear vision,
nor at any location where by its position, shape or color may interfere
with or obstruct the view of or be confused with any authorized traffic
sign, signal, or device.
(4)
No signs other than an official traffic sign or similar sign
shall be erected within a street right-of-way, or within any public
way.
(5)
Wall signs that are flush with the facade of a building or structure,
or part thereof, shall not exceed one square foot of wall sign for
every one linear foot of building frontage.
(6)
Freestanding signs. The maximum sign height of a freestanding
sign shall be 20 feet, and the sign area of each side shall not exceed
32 square feet. No freestanding sign shall be erected or maintained
in such a manner as to project over or above any street. Said sign
shall be set back at least 15 feet from any street right-of-way.
(7)
Projecting signs. The sign area of each side of a projecting
sign shall not exceed 16 square feet and shall not encroach upon Village
property. Only one projecting sign per business tenant is permitted.
(8)
Prohibited signage. Temporary, rooftop, skyline, and billboard
signs are prohibited, with the exception of clocks.
(9)
Any sign legally existing at the time of the adoption of this
section that does not conform in location, height or size shall be
considered a legal nonconforming use or structure and shall be permitted
to continue in such status until such time it is either abandoned
or removed by its owner, subject to the following limitations:
(a)
Structural alterations, enlargement or re-erection is permissible
only where such alterations will not increase the degree of nonconformity
of the signs.
(b)
Any legal nonconforming sign shall be removed or rebuilt without
increasing the existing height or area if it is damaged or removed
if allowed to deteriorate to the extent that the cost of repair or
restoration exceeds 50% of the replacement cost of the sign as determined
by the Code Enforcement Officer.
[Added 1-22-2008 by L.L. No. 1-2008; amended 4-22-2008 by L.L. No.
4-2008]
A.
Pursuant to § 165-31.1, all uses in the Village except one-family and two-family dwellings and uses accessory thereto, and for structures on a site measuring less than 200 square feet, shall require site plan review by the Village Board prior to the issuance of a building permit. In addition to the criteria set forth therein, uses within the Milton Avenue (M) District shall meet the performance standards set forth in this section.
B.
Intent. The Milton Avenue corridor is the traditional "Main Street"
of the Village of Solvay and is an important gateway into the Village.
The intent of the District is to improve the visual appearance of
the corridor, encourage mixed-use development, enhance the pedestrian
environment and to preserve and promote the historic character of
the District.
C.
Boundaries. This district applies to all lands zoned residential
and commercial fronting on Milton Avenue from Village line to Village
line, and including the first 100 feet of frontage measuring from
the front lot line along both sides of Bridge Street. In addition,
any commercially zoned lands at the time of adoption of this section
fronting on Franklin Avenue, Cogswell Avenue, Woods Rood, Lamont Avenue,
Freeman Avenue, Caroline Avenue, and Charles Avenue (north of Conklin
Street) shall also be rezoned to the Milton Avenue District.
D.
Building scale and streetscape. The size, location and shape of any
new structure or modification to any existing structure shall be consistent
with the purpose and intent of the Milton Avenue District and with
the streetscape formed by the traditional structures within the District.
To the extent practical, buildings or modifications shall be comparable
to the height, width and setback of adjacent properties, provided
that there is adequate pedestrian space, vehicular access and provisions
for firesafety.
E.
Building configuration. The primary building facade fronting on a
street shall not exceed 50 feet in length along the same geometric
plane without a change in the front yard setback of a minimum of two
feet in depth, for a distance of not less than six feet. For building
facades that exceed 75 feet in length, the change in the geometric
plane shall be increased to a minimum of four feet in depth. In addition,
facades 50 feet or longer in length shall be designed to minimize
visual monotony through changes in setback, height, material, texture
and the use of plant materials. Buildings facing Milton Avenue shall
be situated such that the facade is parallel to the street line of
Milton Avenue.
F.
Architecture. Traditional late 19th century commercial architectural
is encouraged, complementing existing older mixed-use structures on
the corridor, neighborhood character and traditional design objectives.
G.
Loading and screening. Loading and delivery areas, outdoor storage
space, trash collection areas and service entries are prohibited along
public frontage. All areas shall incorporate suitable site and landscape
features, including the use of appropriately sized deciduous and evergreen
plant materials to mitigate the effects of visual impact from view
of a public right-of-way. Effective landscape or opaque fence screening
of rear yards is required for all properties abutting a residentially
zoned property.
H.
Vehicular access management. The connection and consolidation of
parking lots and driveways is encouraged. Driveways must be curbed
and defined. Sidewalks crossing driveways shall be constructed of
concrete or brick, Driveway access onto Milton Avenue shall be limited
to a maximum of one driveway per structure. Where practicable, driveway
access shall be located off side streets or alleys. The maximum permitted
driveway width shall be 24 feet, with a twelve-foot maximum lane width
in either direction.
I.
Off-street parking. Off-street parking areas shall be screened from
street frontages and adjoining residential properties by low walls,
dense landscape or a combination of these elements. Fencing shall
be discouraged in favor of the aforementioned more permanent and durable
screens. Parking is not permitted between the facade of a building
and the right-of-way.
J.
On-street parking. On-street parking along the adjacent frontage
shall count towards the parking requirements for the site.
K.
Shared or off-site parking. Wherever feasible, shared parking or
the use of public parking lots shall be encouraged. Applicants may
pay a fee in lieu of providing on-site parking, according to established
legislation. The applicant shall provide a parking analysis justifying
proposed parking during the special permit or site plan review processes.
L.
Alleys. To reduce curb cuts along Milton Avenue, alleys located to
the rear of parcels fronting on Milton Avenue are encouraged and parking
shall be accessed from an alley wherever feasible. Such alleys must
be adequately lighted during evening hours.
M.
Sidewalks. Sidewalks are required along the facade of buildings.
On corner parcels, sidewalks are required on both frontages located
along a right-of-way. Sidewalks shall be a minimum of five feet wide
and compliant with the Americans with Disabilities Act. Unless alternate
pedestrian accommodations are provided, sidewalks shall extend between
the street line and the building facade. Asphalt sidewalks are prohibited.
N.
Landscaping. Landscaping with plant materials and walls/fencing must
be utilized to minimize the impacts of uses abutting any residential
structure, as well as to define, break up and buffer parking areas,
and to enhance the aesthetic character of the existing environment.
The use of chain link fencing as buffers and screens is prohibited.
O.
Street trees. The planting of trees along Milton Avenue and Bridge
Street shall have a consistent appearance through the use of tree
species and spacing. Such trees shall be in addition to any on-site
landscaping.
P.
Fencing. The use of chain link fencing for purposes of buffering
or screening property is prohibited.
Q.
Signage. Consistent with the stated intent of the Milton Avenue District
regulations, sign size, design and location shall complement and harmonize
with the architectural form and detailing of the building. Any illuminated
sign or lighting device shall only employ lights emitting a light
of constant intensity. No sign shall be illuminated by a continuous
flashing, intermittent, rotating or moving light or lights. In no
event shall an illuminated sign or lighting device be situated in
such a manner so as to confuse, detract from or in any other way obstruct
traffic, nor may an illuminated sign restrict vision or impair safety.
[Amended 12-20-2011 by L.L. No. 6-2011]
R.
General signage prohibitions and regulations.
[Amended 12-20-2011 by L.L. No. 6-2011]
(1)
Wall signs.
(a)
Front facade. Wall signs that are flush with the front facade
of a building or structure, or part thereof, shall not exceed 20%
of the square footage of the front facade of such building or structure
as occupied by such business. In the event that more than one business
tenant is located in a building or structure, the total cumulative
square footage of any and all wall signs shall not exceed 20% of the
total square footage of the front facade.
(b)
Side facade. Wall business signs that are flush with a side
facade of a building or structure, or part thereof, shall not exceed
10% of the square footage of the facade of such building or structure
as occupied by such business. In the event that more than one business
tenant is located in a building or structure, the total cumulative
square footage of any and all business wall signs shall not exceed
10% of the total square footage of the side facade.
(c)
One wall sign, the area of which may not exceed six square feet,
may be located for identification purposes at a secondary entrance
situated on the rear facade of a building or structure.
(2)
Freestanding signs. The maximum sign height of a freestanding sign
shall be 20 feet, and the sign area of each side shall not exceed
30 square feet. Freestanding signs shall not tend to confuse, detract
from or in any other way obstruct traffic, nor may a freestanding
sign restrict vision or impair safety.
(3)
Monument signs. The maximum sign height of a monument sign shall
be six feet, and the sign area of each side shall not exceed 30 square
feet. Monument signs shall not tend to confuse, detract from or in
any other way obstruct traffic, nor shall a monument sign restrict
vision or impair safety.
(4)
Projecting signs. The sign area of each side of a projecting sign
shall not exceed 16 square feet and shall not encroach upon Village
property. Only one projecting sign per business tenant is permitted.
(5)
Temporary signs. The placement and location of temporary signs, including
inflatable items, balloons and flags, shall not tend to confuse, detract
from or in any other way obstruct traffic, nor may a temporary sign
restrict vision or impair safety. The sign area of each side of a
temporary sign shall not exceed 12 square feet. The use of A-frame
signs is limited to business hours of operation.
(6)
Prohibited signage. Rooftop, skyline, and billboard signs are prohibited,
with the exception of clocks.
S.
Nonconforming signage.
[Amended 12-20-2011 by L.L. No. 6-2011]
(1)
A sign not complying with this section, but legally in place on the
effective date of this section, may continue to exist and be maintained,
restored and repaired. Alterations and modifications are permitted
only to the extent that such alterations and modifications do not
increase the degree of nonconformity. If damaged, a legal nonconforming
sign may not be reestablished if the damage sustained by such sign
involves over 50% of the gross area of the sign or if reconstruction
exceeds 50% of the estimated replacement cost. Any sign may be altered
to decrease its nonconformity.
(2)
Any sign not complying with this section shall be terminated upon
any change in the ownership or control of such business.
(3)
An unsafe or abandoned sign is declared a public nuisance, which
nuisance shall be abated.
T.
Drive-through facilities. Drive-through facilities shall be subject
to site plan review, with special attention to the potential negative
impacts to the pedestrian environment as a result of the proposed
drive-through facility. Drive-through facilities and access thereto
are limited to the rear of a parcel.
U.
Exterior finish materials. Plain concrete, concrete block, corrugated
metal, plywood and press board are not permitted as exterior finish
material, except as a secondary finish covering no more than 10% of
a facade. This standard applies to all building facades. A minimum
of 35% of a building's facade fronting on Milton Avenue must consist
of clear windows that allow views of indoor nonresidential spaces
or product display areas. Such windows shall measure no more than
eight feet or less than two feet in height.
V.
Awnings. Matching, retractable, fire-retardant awnings provide thematic
character, as well as shelter. As a temporary structure, awnings are
exempt from setback requirements.
W.
Lighting. Lighting and associated equipment shall be appropriate
to the character of the structure and shall not glare upon the sidewalk
or adjoining properties.
X.
Outdoor eating areas. A building may be set back a distance greater
than the maximum setback to accommodate an outdoor eating area. To
preserve the continuity of the streetwall, the building may be set
back no more than 20 feet from the front or side street property line
or at least 40% of the building facade must be located at the maximum
setback line.
Y.
Entrances. Buildings shall have a primary entrance facing a public
sidewalk. Entrances at building corners may be used to satisfy this
requirement. Building entrances may include doors to individual shops
or businesses, lobby entrances, entrances to pedestrian-oriented plazas
or courtyard entrances to a cluster of shops or businesses.
Z.
Modification to front yard setbacks. Open porches, stoops, balconies,
awnings and bay windows may encroach up to 50% of the established
setback from the street line.
[Added 5-28-2024 by L.L. No. 2-2024]
A.
Title. This article shall be known as the "Sidewalk Cafe Permit Ordinance."
B.
SIDEWALK
SIDEWALK CAFE
Definition of "sidewalk" and "sidewalk cafe." For the purposes of
this article:
That portion of the right-of-way which is located between
the curbline or the lateral line of a street and the building frontage,
which is intended for use by pedestrians, and generally includes landscape,
trees, and other street furniture. The sidewalk may include private
property that is generally perceived as part of the public sidewalk.
An area on a public sidewalk or village park adjacent to
a restaurant, bar or other commercial business that is used by said
restaurant, bar or other commercial business to seat and/or serve
its patrons.
C.
Permit required for sidewalk cafes. No person, corporation, limited
liability company, general partnership or limited partnership shall
set up, maintain or operate a sidewalk cafe on a public sidewalk or
Village park without a sidewalk cafe permit from the Village of Solvay
Office of Code Enforcement.
D.
Permit application. An application for a sidewalk cafe permit shall
be made to the Village of Solvay Office of Code Enforcement for a
sidewalk cafe on a sidewalk or in a Village park. The application
for sidewalk cafe permit shall be made on forms prescribed by the
Office of Code Enforcement. The application shall request relevant
information relating to the sidewalk cafe, including, but not limited
to, the hours of operation, a diagram of the sidewalk cafe, the dimensions
and amount of square footage to be used by the sidewalk cafe and the
existence of necessary licenses and permits.
E.
F.
Rules and regulations. The Village of Solvay Office of Code Enforcement
shall promulgate rules and regulations regarding the operation of
sidewalk cafes within their jurisdiction. These rules and regulations
shall be provided to applicants for sidewalk cafe permits. Applicants
shall sign a statement under oath that they have read the rules and
regulations and agree to comply with the rules and regulations.
G.
Insurance. The operator of a sidewalk cafe must secure commercial
general liability insurance for the sidewalk cafe in an amount set
by the Village of Solvay Office of Code Enforcement. The insurance
must have the Village of Solvay listed as an additional insured in
the insurance policy.
H.
Issuance of sidewalk cafe permits. The Village of Solvay Office of
Code Enforcement shall issue a sidewalk cafe permit for sidewalk cafes
within its jurisdiction where the proposed sidewalk cafe poses no
danger to public safety and/or health, the applicant and operator
of the sidewalk cafe are in compliance with the Village of Solvay
Code Enforcement rules and regulations and all applicable state and
local laws, ordinances, resolutions and rules and regulations and
the requirements of this section have been complied with.
I.
Expiration of permit. Sidewalk cafe permits shall be valid from April
1 to October 31 of the year for which the sidewalk cafe permit is
issued unless the permit is suspended or revoked.
[Added 5-28-2024 by L.L. No. 3-2024]
A.
Purpose. The purpose of this section is to establish regulatory controls
to ensure that certain businesses are operated in accordance with
law, do not have a negative impact upon surrounding residential neighborhoods,
or do not endanger the health, safety or welfare of persons in the
Village of Solvay.
B.
BAR
(1)
(2)
BUSINESS AND BUSINESSES
DRUGSTORE
FOOD STORE
OWNER
PREMISES
PROPRIETOR
RESTAURANT
SMOKING ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
One or more of the following:
A building or portion thereof where alcoholic beverages are
sold for consumption on the premises;
A building or portion thereof operated for profit or pecuniary
gain or as a place of assembly where alcoholic beverages are provided
by the operator of the premises, his or her agents, servants or employees,
or are brought onto said premises by persons assembling there.
A bar, food store, drugstore, or smoking establishment as
defined herein.
A building or portion thereof where prescription drugs are
sold at retail, together with dry goods or beverages.
A building or portion thereof with a total floor space less
than 20,000 square feet which is devoted, in whole or part, to the
sale of dry goods and food and beverages to be consumed off the premises.
Includes the owner or owners of the freehold of the premises
or lesser estate therein who appears as the owner of record with the
Onondaga County Clerk's Office, as well as any person, agent,
firm, entity or corporation having any legal or equitable interest
in the property at the time a notice, order or other document is issued
by the office of Code Enforcement.
The building in which the business is located, as well as
accessory structures and uses, including parking lots, and the land
on which the building is located.
An owner and/or operator or future owner and/or operator
of the business specified on a particular certificate of use for a
particular business location.
A building or portion thereof where food is sold to be consumed
on or off the premises. This definition shall not include a building
or portion thereof where a non-alcoholic beverage or snack is available
but is incidental to the conduct of the business at the premises or
a college or university's dining halls.
A building or portion thereof where tobacco products and
paraphernalia, which includes but shall not be limited to cigarettes,
cigars, pipes, Kreteks (clove cigarettes), hookahs, and Shisha, are
used and/or consumed on the premises.
C.
Certificate of use required.
(1)
No proprietor shall operate or maintain a business within the Village
of Solvay without first having obtained a certificate of use or conditional
certificate of use authorizing the operation of said business by said
proprietor at the specific business location.
(2)
No owner shall allow a business to be operated or maintained at the
premises without requiring proprietor to obtain a certificate of use
or conditional certificate of use authorizing the operation of said
business by said proprietor at the specific business location.
(3)
Any business operating without a valid certificate of use shall be
considered "unlawful" pursuant to the provisions of Section 107.1.4
of the 2010 Property Maintenance Code of New York State and may be
subject to immediate closure by the Office of Code Enforcement.
D.
Application.
(1)
An application for a certificate of use shall be made by the owner
or the proprietor to the Office of Code Enforcement on forms prescribed
by the Code Enforcement Officer. The application shall request relevant
information relating to the owner, proprietor and the business to
be conducted at the premises, including the existence of necessary
licenses and permits for the business.
(2)
Applications for a certificate of use are to be submitted by the
owner or proprietor, including a proprietor who does not yet own and/or
operate the subject business, but will own and/or operate the subject
business within the next 90 days.
(3)
In the event the application is not approved, the owner and proprietor
shall be advised as to the specific requirements which must be met
to qualify for a certificate of use and of the right to a hearing
on such determination.
(4)
In the event the Code Enforcement Officer determines after the Village of Solvay's review of the application pursuant to Subsection E of this section that the business is not qualified for a certificate of use based upon any requirement which the Code Enforcement Officer determines cannot be complied with by means of an extension of time under Subsection L(2) of this section, the Code Enforcement Officer shall notify the owner and proprietor in writing of the reasons the application cannot be approved and provide notice to the owner and proprietor of the right to a hearing on such determination. Any such hearing shall be requested in writing to the Code Enforcement Officer within 15 days of the date of such notice of determination that the application cannot be approved.
(5)
A hearing, when requested, shall:
(a)
Be held before a Village Justice who shall not be an employee
of the Office of Code Enforcement;
(b)
Be recorded by a stenographer;
(c)
Take place no later than 15 business days after the Code Enforcement
Officer receives the written request from the owner or Proprietor
for the hearing. The Code Enforcement Officer may adjourn the date
only upon the owner or proprietor presenting compelling reason(s)
in writing that an adjournment of the hearing date is warranted;
(d)
The owner and proprietor shall be allowed to be represented
by counsel and shall be allowed to call witnesses on their behalf
and conduct cross-examination of all witnesses.
(6)
Upon receipt of the transcript of the hearing, the Village Legal
Counsel or his/her designee shall have the transcript and all exhibits
from the hearing forwarded to the Village Justice. The Village Justice
shall review the transcript and exhibits and within 30 days from receipt
of the transcript and exhibits, render a written recommendation to
the Code Enforcement Officer as to whether the application for a certificate
of use should be approved.
(7)
Thirty days after receiving from the Village Justice a transcript
of the suspension/revocation hearing, all exhibits submitted at the
hearing and the Village Justice's written recommendation, the
Code Enforcement Officer, shall conduct a de novo review of the transcript,
all exhibits submitted at the hearing and the Village Justice's
written recommendation. The Code Enforcement Officer shall determine
whether the application for a certificate of use should be approved.
If the determination of the Code Enforcement Officer is that the application
be denied, The Officer shall issue a written order containing his/her
determination. The order shall be drafted within 30 days by the Village
legal Counsel or his/her designee and then signed by the Code Enforcement
Officer.
E.
Inspections and investigations.
(1)
Upon receipt of an application for a certificate of use, the Code
Enforcement Officer or his/her designee, and the chief of fire and
his/her designee, shall inspect the premise to determine whether the
proprietor and owner are complying with the laws and ordinances which
they are charged with enforcing. The Chief of Police or his/her designee
shall also conduct a criminal background check on the applicant. The
Chief of Police, the Code Enforcement Officer, and the chief of fire
along with members of their staff shall have the right to enter upon
any premises for which a certificate of use is sought for the purpose
of making such an inspection during normal business hours, and shall
also have the authority to seek warrants where necessary.
(2)
Upon receipt of an application for a certificate of use, the Village
of Solvay Zoning Board of Appeals/Planning Board shall review the
location to ensure that the operation of the business at that location
will be compliance with the zoning ordinance.
(3)
The Code Enforcement Officer or his/her designee shall determine
that the owner and proprietor do not have an expired conditional certificate
of use, are not serving a period of suspension, have not had a previous
certificate of use or conditional certificate of use revoked, are
not the subject of pending charges brought for violations of the terms
and conditions of a certificate of use or conditional certificate
of use, and that the owner and proprietor have procured all necessary
licenses and permits for the business.
F.
Issuance of certificates of use and conditional certificates of use.
(1)
A certificate of use shall be issued when the following conditions
have been satisfied:
(b)
The application form has been completed and accepted by the
Office of Code Enforcement;
(c)
The owner and proprietor have all necessary licenses and permits
for the business;
(d)
The proprietor does not have an expired conditional certificate
of use, a certificate of use or conditional certificate of use that
is under suspension, a previous certificate of use or conditional
certificate of use revoked, and/or does not have charges pending for
violations of the terms and conditions of a certificate of use or
conditional certificate of use;
(e)
The owner and the proprietor do not owe the Village any money
for delinquent taxes, civil penalties, parking tickets or other duly
incurred charges, fines or penalties; and
(f)
Due to the interaction between proprietors and the general public,
the Village has an interest in protecting the health, safety and welfare
of the public. Accordingly, the Village will conduct a criminal background
check on each applicant in accordance with Section 296(16) of the
New York State Executive Law. The Code Enforcement Officer makes a
determination in accordance with Article 23-A of the New York State
Correction Law. Specifically:
[1]
The criminal background check shall initially be reviewed by
an individual who is not directly involved in the final determination.
For purposes of this section, the individual shall be called a "screener."
[2]
[3]
In the event that the background check is free from convictions
for any of the offenses enumerated above, the screener shall communicate
to the Code Enforcement Officer that the applicant's background
is clear, even if there are other convictions contained within the
background check. A background check with convictions for offenses
other than the ones set forth above shall have the same effect as
a background check with no convictions.
[4]
In the event that the applicant's background check does
contain one of the above enumerated offenses, the screener shall deliver
to the Code Enforcement Officer the background report, along with
a notation of which offense or offenses, of the above enumerated offenses,
necessitate further review.
[5]
The Code Enforcement Officer shall communicate to the applicant,
via certified letter, that the background check revealed one of the
above enumerated offenses. The Code Enforcement Officer shall include
a copy of the full background check with this correspondence. The
letter shall inform the applicant of the opportunity to provide any
information to the Code Enforcement Officer regarding rehabilitation
and/or good conduct. The applicant shall furnish such information,
if any, in writing to the Code Enforcement Officer within 10 days
of the date of the certified letter sent from the Code Enforcement
Officer.
[6]
After the 10 days has lapsed, the Code Enforcement Officer shall
then review the background check in accordance with Article 23-A of
the Correction Law of New York State, even if the applicant has not
submitted any information regarding rehabilitation and/or good conduct.
(2)
A conditional certificate of use may be issued where the Code Enforcement
Officer or his/her designee has decided to issue a conditional certificate
of use where the following conditions have been satisfied:
(b)
The application form has been completed and accepted by the
Office of Code Enforcement;
(c)
The owner and proprietor have all necessary licenses and permits
for the business;
(d)
The proprietor does not have an expired conditional certificate
of use, a certificate of use or conditional certificate of use that
is under suspension, a previous certificate of use or conditional
certificate of use revoked, and/or has charges pending for violations
of the terms and conditions of a certificate of use or conditional
certificate of use revoked, and/or has charges pending for violations
of the terms and conditions of a certificate of use or conditional
certificate of use;
(e)
The owner and proprietor do not owe the Village any money for
delinquent taxes, civil penalties, parking tickets or other duly incurred
charges, fines or penalties; and
(f)
Due to the interaction between proprietors and the general public,
the Village has an interest in protecting the health, safety and welfare
of the public. Accordingly, the Village will conduct a criminal background
check on each applicant in accordance with Section 296(16) of the
New York State Executive Law and the Code Enforcement Officer makes
a determination in accordance with Article 23-A of the New York State
Correction Law. Specifically:
[1]
The criminal background check shall initially be reviewed by
an individual who is not directly involved in the final determination.
For purposes of this section, this individual shall be called a "screener."
[2]
[3]
In the event that the background check is free from convictions
for any of the offenses enumerated above, the screener shall communicate
to the Code Enforcement Officer that the applicant's background
is clear, even if there are other convictions contained within the
background check. A background check with convictions for offenses
other than the ones set forth above shall have the same effect as
a background check with no convictions.
[4]
In the event that the applicant's background check does
contain one of the above enumerated offenses, the screener shall deliver
to the Code Enforcement Officer the background report, along with
a notation of which offense or offenses, of the above enumerated offenses,
necessitate further review.
[5]
The Code Enforcement Officer shall communicate to the applicant,
via certified letter, that the background check revealed one of the
above enumerated offenses. The Code Enforcement Officer shall include
a copy of the full background check with his correspondence. The letter
shall inform the applicant of the opportunity to provide any information
to the Code Enforcement Officer regarding rehabilitation and/or good
conduct. The applicant shall furnish such information, if any, in
writing to the Code Enforcement Officer within 10 days of the date
of the certified letter sent from the Code Enforcement Officer.
[6]
After the period of 10 days has lapsed, the Code Enforcement
Officer shall then review the background check in accordance with
Article 23-A of the Correction Law of New York State, even if the
applicant has not submitted any information regarding rehabilitation
and/or good conduct.
(g)
The owner or proprietor indicates a signed, notarized writing on a form provided by the Code Enforcement Officer, their intention to take the necessary action to comply with the requirements given them by the applicable Village officials in Subsection E for the approval of their application for a certificate of use.
(3)
A conditional certificate of use shall contain a date by which the owner or proprietor who signed the notarized writing submitted to the Code Enforcement Officer must comply with the requirements for approval by the applicable Village officials in Subsection E of this section. A conditional certificate of use shall not be extended for any reason.
(4)
Upon completion of the requirement set forth in the conditional certificate
of use and the approval of the owner's application by said Village
officials, the Code Enforcement Officer shall issue a certificate
of use to the proprietor for the business in accordance with the terms
of this section.
(5)
Both certificates of use and conditional certificates of use shall
include the date on which the certificate of use or conditional certificate
of use will expire.
(6)
Certificates of use and conditional certificates of use shall be
conspicuously posted in a window or door so that they are visible
from the closest public right-of-way.
(7)
Certificates shall be issued or denied within 90 days after an application is completed. Nothing herein shall require the Code Enforcement Officer to issue or deny a certificate of use within such period if the necessary reviews and approvals by the Village officials in Subsections E and F have not been completed.
G.
Operation of businesses.
(1)
The proprietor of any business shall comply with all provisions of
federal and state statutes and rules and regulations and all Village
of Solvay local laws, ordinances and rules and regulations relating
to the conduct of businesses and the occupation, use and maintenance
of the premises in which the business is located. Moreover, owners
and proprietors shall comply with any and all notices, orders, decisions
and determinations made by any Village official which governs the
occupation and use of the business.
(2)
The proprietor of any business shall cause the certificate of use
to be posted in a conspicuous place visible to the public on the premises
of the business.
(3)
The proprietor of any business shall not permit at any time a greater
number of persons on the premises than the capacity approved by the
Village of Solvay.
(4)
The proprietor of any business shall maintain good order on and about
the premises at all times. The proprietor of any business shall also
be responsible for removing refuse from the premises and obstructions
from the sidewalk adjacent to the premises as well as for operating
the business in accordance with the requirements of all state statutes,
rules and regulations and all Village of Solvay local laws, ordinances
and rules and regulations, and for operating the business so that
neither the business nor its patrons become a source of disruption
to other building tenants or a source of disruptions on the sidewalks,
streets or other private property in the vicinity of the business.
The term "failure to maintain good order" shall include, but not be
limited to the following:
(a)
Allowing or permitting the premises to become disorderly, including allowing or permitting offenses against public order in violation of Chapter 120 of the General Legislation Code of the Village of Solvay, as amended.
(b)
Gambling in violation of Chapter 93, of the General Legislation Code of the Village of Solvay, as amended.
(c)
Prostitution.
(d)
Illegal possession, use, gift, sale, or offer for sale of alcoholic
beverages.
(e)
Illegal possession, use, gift, sale or offer for sale of cigarettes
or tobacco products.
(f)
Food stamp or welfare fraud or criminal diversion of prescription
medications and prescriptions.
(g)
Littering in violation of Chapter 96 of the General Legislation Code of the Village of Solvay, as amended.
(h)
Possession, use, gift, sale, or offer for sale of illegal drugs.
(i)
Noise Control Ordinance violations in contravention of § 126-7 of the General Legislation Code of the Village of Solvay, as amended.
(j)
Possession of stolen property.
(k)
Operating beyond the legal hours of operation.
(l)
Illegal possession, use, gift, sale or offer for sale of dangerous
weapons.
(m)
Violations of New York State Uniform Fire Prevention and Building
Code and the Village of Solvay's Zoning Ordinance, Fire Prevention
and Building Construction Code, Flood Damage Prevention Code, Unsafe
Buildings Code, Electrical Standards Code, Utilities Code, Illicit
Connections, Activities and Discharges to Storm Sewer System Code
and Stormwater Management Code.
H.
Fees. The fee for a certificate of use, both for initial applications
for a certificate of use and for renewals of a certificate of use
shall be $100 every two years.
I.
Expiration of the certificate. Certificates of use shall be valid
for a period of two years from the date of issuance, unless the certificate
is suspended or revoked pursuant to this section. The date of expiration
shall be printed on the certificate.
J.
Renewal of the certificate.
(1)
No later than 60 days prior to the expirations date of the certificate
of use, the owner of the applicable business shall apply for the renewal
of the business's certificate of use with the Office of Code
Enforcement on a form provided by the Code Enforcement Officer. The
period of renewal shall be listed on the certificate of use when it
is issued.
(2)
The issuance or denial of renewals of certificates of use shall follow the requirements set forth is Subsection F.
(3)
Failure to apply for and obtain a renewal of a certificate of use
may result in the business being closed as unlawful, pursuant to Section
107.1.4 of the 2010 New York State Property Maintenance Code, until
the renewal certificate of use is issued. Failure of the Code Enforcement
Officer to provide such form shall not relieve the owner from the
obligation to comply with this section.
K.
Transfer of the certificate.
(1)
Certificates of use shall not be transferred or assigned in the event
of any change involving that proprietor, the type of business, or
the business location. A new certificate of use shall be required
if the certificate holder changes the type of business at the location
or relocates the business, or if another person wishes to operate
the same business or a new business at the location.
(2)
The proprietor of any business that has a certificate of use shall
notify the Code Enforcement Officer within five business days following
the date when such owner transfers, signs, sells, closes or moves
the business. Upon being notified, the Code Enforcement Officer shall
cancel the certificate of use for the business.
L.
Failure to apply for certificate of use.
(1)
In the event the owner or the proprietor shall fail to apply for a certificate of use as required herein, the Code Enforcement Officer shall notify the owner in writing of such violation pursuant to the procedure set forth in Subsection D(4) of this section. The Code Enforcement Officer may, but is not required to, also provide such notice of violation to the proprietor if the proprietor's information is known.
(2)
In the event the owner or the proprietor is provided with notice pursuant to Subsection L(1) and neither submits the required application within the time set for the correction of the violation, the Code Enforcement Officer and/or his/her designee may treat the failure to apply for the certificate of use the same as any other violation of this section shall be treated. Additionally, the business may be deemed unlawful pursuant to Section 107.1.4 of the 2010 New York State Property Maintenance Code and subject to immediate closure by the Office of Code Enforcement.
M.
Operation of business. The proprietor of a business subject of the provisions of this section must obtain a certificate of use or conditional certificate of use prior to the commencement of any business operations. In the event an application is approved, the Code Enforcement Officer shall issue the proprietor a certificate of use in accordance with the terms of this section. In the event the application is denied, the provisions of Subsection D(7) shall be followed.
N.
Suspension or revocation of certificate of use.
(1)
Any certificate of use or conditional certificate of use is pursuant
to this section may be suspended or revoked by the Code Enforcement
Officer in accordance with the provisions of this section based on:
(2)
In the event a proprietor issued a certificate of use has failed
to maintain good order at the subject business as required by the
Code Enforcement Officer is authorized to conduct a suspension or
revocation hearing on notice to the owner and proprietor to determine
whether the certificate of use should be suspended or revoked based
on the violations as set forth in the notice. Notice shall be served
pursuant to the service rules set forth in Article 3 of the New York
State Civil Practice Law and Rules.
(a)
A copy of the hearing notice shall be sent to the district councilor
in whose district the subject business is located.
[1]
It shall be the responsibility of the district councilor to
provide notice of the hearing to his/her constituents.
[2]
In the event the district councilor and/or his/her constituents
with to provide testimony to be considered by the Village Justice,
and ultimately the Code Enforcement Officer, they shall be allowed
to submit written statements made under penalty of perjury before
a notary public. Such statements shall be forwarded to the Code Enforcement
Officer no less than 15 days prior to the day of the hearing. The
Code Enforcement Officer shall send, via certified mail, copies of
the written statements to the owner and proprietor at the address
to where service of the notice of hearing was made no less than 10
days prior to the day of the hearing. The original written statements
shall be delivered by the Code Enforcement Officer to the Village
Justice prior to the day of the hearing.
(b)
The suspension or revocation hearing shall be scheduled for
a date no fewer than 30 days and no more than 60 business days after
the date upon which the owner and proprietor are served with the notice
of the hearing. The Code Enforcement Officer may adjourn the date
only upon the owner or proprietor presenting compelling reasons(s)
in writing that an adjournment of the hearing is warranted. Such an
adjournment shall in no circumstances be later than 20 business days
from the originally scheduled date for the suspension or revocation
hearing.
(c)
The suspension or revocation hearing shall be held before the Village Justice, who shall not be an employee of the Office of Code Enforcement. The Village Justice shall consider as evidence any written testimony that was provided pursuant to Subsection N(2)(a)[2] above. Oral testimony from members of the public shall not be heard. Strict adherence to the New York Rules of Evidence shall not be necessary.
(d)
The suspension or revocation hearing shall be recorded by a
stenographer.
(e)
The owner and proprietor shall be allowed to be represented by counsel and shall be allowed to call witnesses on their behalf and conduct cross-examination of all witnesses. Additionally, the owner and/or proprietor shall be allowed to testify and/or submit evidence to respond to any written testimony previously submitted pursuant to Subsection N(2)(a)[2] above.
(f)
Upon receipt of the transcript of the hearing, the Village Legal
Counsel or his/her designee shall have the transcript and all exhibits
from the hearing forwarded to the Village Justice. The Village Justice
shall review the transcript and exhibits and within 30 days from receipt
of the transcript and exhibits, render a written recommendation to
the Code Enforcement Officer as to whether the certificate of use
should be revoked, suspended or remain valid.
(g)
Thirty days after receiving from the Village Justice a transcript
of the suspension/revocation hearing, all exhibits submitted at the
hearing and the Village Justice's written recommendation, the
Code Enforcement Officer, shall conduct a de novo review of the transcript,
all exhibits submitted at the hearing and the Village Justice's
written recommendation. The Code Enforcement Officer shall determine
whether the certificate of use shall be revoked, suspended or remain
valid. If the determination of the Code Enforcement Officer is that
the certificate should be revoked or suspended, the Officer shall
determine the length of time for which the certificate shall be revoked
or suspended. The Officer shall issue a written order containing his/her
determination. The order shall be drafted within 30 days by the Village
Legal Counsel or his/her designee and then signed by the Code Enforcement
Officer.
(3)
Notwithstanding the provisions above, the Code Enforcement Officer shall be authorized to temporarily suspend a certificate of use prior to a suspension or revocation hearing in the event that the owner or proprietor has failed to maintain good order at the subject business as required by Subsection O, and the proprietor has been convicted of a felony or misdemeanor involving theft or fraud since the time the certificate of use was issued.
(4)
In the event the Chief of Police of the Village of Solvay has commenced enforcement proceedings against a property owner to abate a nuisance in accordance with Chapter 120 of the General Legislation Code of the Village of Solvay, as amended, relative to a premises containing a business subject to the certificate of use requirements of this section, a copy of the notice of hearing shall be given to the business at the address provided for notice in connection with a certificate of use, along with a written notice that in the event the business location is closed as a result of the nuisance abatement proceeding, the certificate of use shall be revoked for the period of such closing and the business shall remain closed for the period provided in such nuisance abatement order.
(5)
The action of the Code Enforcement Officer in granting or refusing
to grant or to renew a license under this section or in revoking or
suspending or refusing to revoke or suspend such a license or imposing
any fine or reprimand shall be subject to review by a proceeding instituted
under Article 78 of the Civil Practice Law and rules at the instance
of the applicant for such license, the holder of a license so revoked,
suspended, fined or reprimanded or the person aggrieved.
O.
Failure to maintain good order at the business location.
(1)
For the purpose of this section, the owner of a business holding
a certificate of use or conditional certificate of use shall be deemed
to have failed to maintain good order at the business location in
the event a sufficient number of violations are found to have occurred
relative to separate incidents at the subject premises, resulting
in the accumulation of 12 or more points within a period of 12 months
or 18 or more points within a period of 24 months in accordance with
the following point system:
(a)
Violations of the following state statutes and rules and regulations
and Village of Solvay local laws, ordinances and rules and regulations,
which have not resulted in a conviction or judgment, shall be assigned
a point value of four points:
[1]
Article 220 of the Penal Law -ontrolled Substances Offenses;
[2]
Article 222 of the Penal Law - Cannabis;
[3]
Article 225 of the Penal Law - Gambling Offenses;
[4]
Article 230 of the Penal Law - Prostitution Offenses;
[5]
Article 120 of the Penal Law - Assault and Related Offenses;
[6]
Article 155 of the Penal Law - Larceny;
[7]
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal
Law - Criminal Possession of Stolen Property;
[8]
The Alcoholic Beverage Control Law;
[9]
Chapter 7-A of the Consolidated Laws, known as the Cannabis
Law;
[10]
Article 265 of the Penal Law - Firearms and other
Dangerous Weapons;
[11]
Section 270.00 of the Penal Law - Unlawfully Dealing
with Fireworks and Dangerous Fireworks;
[12]
Section 415-a of the Vehicle and Traffic Law -
Vehicle Dismantlers;
[13]
Section 175.10 of the Penal Law - Falsifying Business
Records;
[14]
Sections 170.65 and 170.70 of the Penal Law -
Forgery of and Illegal Possession of a Vehicle Identification Number;
[15]
Possession, use, sale or offer for sale of any
alcoholic beverage in violation of Article 18 of the Tax Law and/or
Section 260.20 of the Penal Law, or of any cigarette or tobacco products
in violation of Article 20 of the Tax Law and/or Section 260.21 of
the Penal Law;
[16]
Article 158 of the Penal Law - Welfare Fraud;
[17]
Article 178 of the Penal Law - Criminal Diversion
of Prescription Medications and Prescriptions;
[18]
Section 147 of the Social Services Law - Food
Stamp Program Fraud;
[19]
Any violation of the New York State Uniform Fire
Prevention and Building Code and the Village of Solvay's Zoning
Ordinance, Fire Prevention and Building Construction Code, Flood Damage
Prevention Code, Unsafe Building Code, Electrical Standards Code,
Utilities Code, Illicit Connections, Activities and Discharges to
Storm Sewer System Code and Stormwater Management Code which is life
threatening and/or necessitates the declaring of the premises as "unfit
for habitation."
(b)
Violations of the following state statutes and rules and regulations
and Village of Solvay local laws, ordinances and rules and regulations,
which have not resulted in a conviction or judgment, shall be assigned
a point value of three points:
[1]
The New York State Uniform Fire Prevention and Building Code
and the Village of Solvay's Zoning Ordinance, Fire Prevention
and Building Construction Code, Flood Damage Prevention Code, Unsafe
Buildings Code, Electrical Standards Code, Utilities Code, Illicit
Connections, Activities and Discharges to Storm Sewer System Code
and Stormwater Management Code;
[2]
Operating a business during hours which the business is required
to be closed pursuant to the State of New York's statutes and
rules and regulations and/or the Village of Solvay's local laws,
ordinances and rules and regulations;
[3]
Allowing persons on the premises in excess of occupancy limits;
[4]
[5]
Village of Solvay Peace and Good Order Ordinance, Chapter 126 of the General Legislation Code of the Village of Solvay; specifically to include but not limited to the following offenses:
[6]
Chapter 120 of the General Legislation Code of the Village of Solvay, Nuisances; specifically to include but not limited to the following offenses as stipulated in Chapter 120 - 3, Definitions, "public nuisances," Subsection D, Miscellaneous:
[a]
Suffering or permitting the premises to become
disorderly, including suffering or permitting fighting or lewdness;
[b]
Operating a business at the premises in a manner
which causes it to be a source of disruption for the neighborhood
and/or a focal point of police attention;
[c]
Activities which result in numerous police investigations
within a six-month period of time;
[d]
Permitting situations or conditions which allow
rodents, insects and other vermin to live on or in real property and/or
failing to take reasonable actions to abate, eliminate and/or exterminate
rodents, insects, and other vermin when the landowner, occupant or
user of such real property becomes aware or should have known of the
existence of such rodent, insect and vermin infestation. It is the
intention of this section to declare rodent, insect, and vermin infestation
as a public nuisance and to take whatever actions are permitted to
declare those persons responsible for the infestation, including,
but not limited to, occupants, owners, or any other entity occupying
said real property;
[7]
Failure to have an entertainment and/or amusement license where
the business's current operation so requires.
[8]
Allowing or permitting the premises to become disorderly, including
allowing or permitting offenses against public order by patrons or
employees of the business, both on and off the premises, specifically
to include but not limited to the following offenses:
[a]
Excessive noise and lewdness;
[b]
Assault and riots;
[c]
Unlawful gatherings and loitering;
[d]
Vandalism;
[e]
Illegal gambling and prostitution;
[f]
Manufacture, use, sale or distribution of controlled
substances;
[g]
Open container violations;
[h]
Obstruction of free use of a public street;
[i]
Other public disturbances such as pollution, smoke,
excessive light, illegal pollution or dumping, and foul odors;
(3)
For purposes of this section, where more than one violation of the state statutes and rules and regulations and Village of Solvay local laws, ordinances and rules and regulations set for above in Subsection O(1) occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
(4)
Business that have a conditional certificate of use shall be subject
to this section and any points they accumulate prior to the issuance
of the certificate of use shall be carried forward to such certificate
of use.
P.
Notice to owners relative to accumulated points.
(1)
In the event that it shall come to the attention of the Code Enforcement Officer or his/her designee that a business issued a certificate of use prior to this section has accumulated as provided by Subsection O hereof, eight or more points in any six-month period or 12 or more points in any eighteen-month period, the Code Enforcement Officer or his/her designee shall transmit to the owner or the proprietor, where applicable, by certified mail at the address specified in the application for said certificate of use, a letter advising the owner or the proprietor of the number of points accumulated and warning the owner or the proprietor, where applicable, of the possibility of suspension or revocation of the subject certificate of use upon accumulation of the 12 or more points in a twelve-month period or 18 or more points in a twenty-four-month period.
(2)
The failure of the Code Enforcement Officer or his/her designee to transmit a warning letter pursuant to Subsection P(1) hereof or the failure of the owner or his/her/their designee, or proprietor, where applicable, to receive a warning letter shall in no event be a defense to suspension or revocation of the certificate of use or criminal or civil penalties or an injunction as provided for in this section.
Q.
Promulgation of policies and procedures. A committee comprised of
the Code Enforcement Officer or his/her designee, the Chief of Police
or his/her designee, the Commissioner of Finance or his/her designee,
and the Chairperson of the Zoning Board of Appeals/Planning Board
or his/her designee may promulgate administrative policies and procedures
to carry out and give full effect to the provisions of this section.
A copy of the policies and procedures promulgated by this committee
shall be filed with the Solvay Village Clerk's Office.
R.
Severability. In the event any clause, sentence, paragraph, section
or part of this section shall be finally adjudged by a court of competent
jurisdiction to be invalid, unlawful and/or constitutional, such determination
shall not affect, impair or invalidate the remainder thereof but shall
be limited to the portion directly involved in the determination and
the remainder of this section shall remain in full force and effect.
S.
Access to the premises for inspections. In additional to the requirements set forth in Subsection E, officers and employees of any Village departments with responsibility to enforce or assist the Code Enforcement Officer in enforcing this section shall have the right of access to any business subject to any business subject to the terms of this section for the purpose of making an inspections during normal business hours and the village of Sovay shall also have the authority to seek inspection warrants where necessary to properly administer this section.
T.
Annual report to the Village Board of Trustees. Every year the Code
Enforcement Officer or his/her designee shall prepare and submit to
the Village of Solvay Board of Trustees an annual report detailing
the number of businesses that have a certificate of use and the number
and names of businesses that have had their certificate of use suspended
and/or revoked pursuant to this section. The annual report should
be transmitted to the Village Board no later than April 1 in the year
in which the annual report is due with the first annual report being
due no later than April 1, 2025.
U.
Penalties - criminal and civil.
(1)
Criminal penalties: Any owner of proprietor who having been served
with a notice or order to correct or remove any violations of this
section who fails to comply with such notice or order within the time
period fixed by the Code Enforcement Officer shall be guilty of an
offense and upon conviction shall be punishable by a fine of not less
than $50 nor more than $150 or imprisonment for not more than 15 days,
or both, for each offense.
(2)
Civil penalty - Imposition of cumulative civil penalty: Any owner
or proprietor who having been served with a notice or order to correct
or remove any violation of this section shall be subject to a cumulative
civil penalty of $100 per day for each separate violation for the
date set for correction in the notice or order until the violation
is corrected. The penalty may be corrected by the Village Legal Counsel
by action or special proceeding against the owner or proprietor.
(3)
Enforcement of civil penalty.
(a)
The Village Legal Counsel may maintain an action or special
proceeding in a court of competent jurisdiction for the recovery of
civil penalties, together with costs and disbursement.
(b)
In addition to any action or special proceeding for civil penalty
as provided in Subsection U(1)(a) above, the Village Attorney may,
where the owner or proprietor has failed to correct the violation(s)
set forth in any notice or order issued pursuant to this section,
bring such action or special proceeding as necessary to enjoin the
owner from continuing to operate or maintain any business in violation
of the terms of this section.
V.
Enforcement. The enforcement by the Village of Solvay of this section
in the manner provided herein shall not be deemed to limit in any
manner the Village of Solvay's authority to enforce the provisions
of other federal, state and local laws, ordinances, rules and regulations
against businesses covered by this section.
