The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
A.
Commercial vehicle parking; accessory uses, garage.
[Amended 2-5-1990 by L.L. No. 3-1990]
(1)
No commercial vehicle shall be stored or parked overnight
in any residential district, except as follows:
(a)
One commercial panel truck, maximum one-half-ton
capacity, may be parked in a garage owned or rented by the resident,
which shall be used only for storage.
(b)
In case of continuing construction or excavation,
where a building permit has been issued and where it would be impossible,
impracticable or unduly expensive to remove such vehicle, a temporary
permit may be obtained from the Chief of Police authorizing the parking
or storage of said vehicle for a period not to exceed 10 calendar
days. Said permit is renewable by the Chief of Police, subject to
review by the Building Inspector, for such period as is proven necessary
by the applicant.
(2)
In residence districts, the number of motor vehicles
for which garage space may be provided as accessory to an authorized
use shall not exceed the following; two passenger motor vehicles,
except that one may be a commercial panel truck, as provided above
(maximum one-half-ton capacity, which must be parked in a garage owned
by the resident, and the garage shall be used only for storage); and
for each 5,000 square feet by which the lot area exceeds 5,000 square
feet, garage space for one additional motor vehicle may be provided,
but not to exceed a total of four cars in a R-1 District and not to
exceed a total of three cars in an R-2 District and not to exceed
a total of two cars in an R-3 District.
B.
Garages and gasoline stations. In a B-2 District,
plans for the erection or structural alteration of any public garage
or of a gasoline station shall be subject to the approval of the Zoning
Board of Appeals, and said Board may deny any applicant if it is inconsistent
with the public health, safety or general welfare of the community
or require such changes in relation to access roads, drives, yards,
location of pumps and buildings as it may deem best suited to ensure
safety, to minimize traffic difficulties and to safeguard adjacent
properties.
C.
Signs.
[Amended 5-16-1977 by L.L. No. 3-1977; 8-3-1998 by L.L. No. 3-1998]
(1)
No sign shall be displayed in a residential zone,
other than by a public authority, except as follows:
(a)
One sign not exceeding 1 1/2 square feet
in area on each lot and not illuminated or flashing, displaying not
more than the name and street number of the occupant of the building
and, in the case of a home occupation or professional office permitted
in the district, the identification thereof, except that doctors of
medicine and dentistry and dental surgeons may have an illuminated
sign. Such sign may be attached to the residence or may be displayed
on a post or rod, but shall not be placed within a distance of 20
feet from the side property line and three feet from the street line
and shall not exceed six feet in height above the ground level.
(b)
One temporary sign on a single post not exceeding
60 inches in height with a forty-two-inch arm on each lot and not
illuminated, advertising only the prospective sale, lease or rental
of the property on which the same is displayed. Such signs shall be
placed on the property that is for sale, lease or rent. No real estate
broker or property owner shall post more than one sign on a particular
piece of property that is for sale or under a listing agreement, and
said sign shall be removed promptly upon the sale, lease or rental
of the property.
[Amended 12-6-2021 by L.L. No. 11-2021]
(c)
One building contractor's or subcontractor's
sign, not exceeding 16 square feet in area or five feet in length
and not illuminated, displayed on a lot on which a building or group
of buildings is actually under construction with a valid work permit
and only during such construction. Such sign shall not be placed within
a distance of 20 feet from any side property line or three feet from
the street front property line and shall not exceed four feet in height
above ground level. Such signs shall be removed promptly upon the
substantial completion of all work.
[Amended 12-6-2021 by L.L. No. 11-2021]
(d)
One sign or bulletin board, not exceeding 16
square feet in area or five feet in length, on church or school property,
giving the identification or advertising the activities thereof, or
both. Such sign may be displayed on a rod or post but shall not be
placed within a distance of 20 feet from any street or property line
and shall not exceed six feet in height above ground level.
(2)
No sign shall be displayed in any nonresidential zone
other than by a public authority, except as follows:
(a)
General regulations pertaining to all permanently
displayed interior and exterior signs showing principal name of business.
[1]
Location and number.
[a]
Where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the lesser of the dimensions of this location or the dimensions set forth in Subsection C(2)(a)[2].
[b]
Signs shall be placed parallel
to the facade of the building and, except for signs on awnings and
projecting wall signs, no part of a sign shall project more than six
inches beyond the face of the building surface to which it is applied.
[Amended 5-4-2009 by L.L. No. 2-2009]
[c]
Each business establishment shall
be limited to two signs per street facade, with a maximum of three
signs in the case of buildings fronting on two or more rights-of-way,
as follows:
[Amended 5-4-2009 by L.L. No. 2-2009]
[i]
One principal sign per street facade
identifying the name and type of business;
[ii]
One secondary sign identifying
the name and type of business located either on the front flap of
an awning or on the front door;
[iii]
One sign located in one window
of a second-floor business; and
[iv]
One projecting wall sign identifying the name and type of business.
[d]
No sign or window display shall
be so placed or illuminated as to be hazardous or to create a nuisance.
[2]
Size.
[a]
The maximum overall dimensions,
in the aggregate, of a sign or group of signs attached to a building
shall not exceed the following:
[i]
On a building wall having a street
frontage of 25 feet or less, a maximum vertical measurement of two
feet and a maximum horizontal measurement of 70% of the building frontage.
[ii]
On a building wall having a street
frontage of more than 25 feet and not more than 75 feet, maximum vertical
measurement of two feet and a maximum horizontal measurement of 20
feet.
[iii]
On a building wall having a street
frontage of more than 75 feet, a maximum vertical measurement of two
feet and a maximum horizontal measurement of 25 feet.
[b]
The maximum overall height of letter
groups (including upper and lower case letters) and graphic symbols
shall be 18 inches. Where there is more than one line of letters and
symbols, the combined height of letters and symbols shall not exceed
18 inches including the span between the lines. The maximum letter
form height for external illuminated signs shall be 18 inches. Where
there is more than one line of lettering the combined height shall
not exceed 18 inches.
[Amended 6-20-2016 by L.L. No. 2-2016]
[c]
A sign or notice having an area
not exceeding one square foot for each tenant in said building when
such sign is necessary or convenient for the direction, information
or safety of the public.
[d]
A sign or notice having an area
not exceeding one square foot for a public utility when such sign
is necessary or convenient for the direction, information or safety
of the public.
[e]
No sign shall be erected which
projects more than two feet six inches, above the facade of the building
on which said sign is to be erected.
[f]
Notwithstanding the provisions of this chapter, the following
provisions shall apply to the erection, alteration and maintenance
of projecting wall signs:
[Added 5-4-2009 by L.L. No. 2-2009]
[i]
Projecting signs shall not exceed a total sign area of six square
feet per side, with a maximum vertical measurement of two feet and
a maximum horizontal measurement three feet. Such signs shall not
project more than 36 inches from the building facade and shall not
be less than eight feet from the ground.
[ii]
No such sign or any part thereof shall project over any property
line, except that it may project over a village sidewalk a distance
not to exceed 36 inches.
[iii]
Such sign shall not have advertising in a plane
parallel to the surface to which attached, and such sign shall not
have advertising in a plane which makes an angle of less than 90°
with the surface to which attached.
[iv]
The maximum overall height of letter groups (including upper
and lower case letters) and graphic symbols shall be 18 inches. Where
there is more than one line of letters and symbols, the combined height
of letters and symbols shall not exceed 18 inches, including the span
between the lines.
[v]
Such signs shall not be internally illuminated.
[vi]
The Code Enforcement Officer shall inspect, at least annually,
each projecting wall sign regulated by this section for the purpose
of determining compliance with all applicable laws, including ascertaining
if the sign is safe and secure, if the sign complies with these regulations
and if the sign needs to be removed or repaired. The fee for such
inspection shall be set by the Village Board of Trustees.[1]
[1]
Editor's Note: See § A210-3N(18).
[3]
Color; materials; content.
[a]
Signs shall be in keeping with
the architectural design of the building upon which they are placed,
the design of neighboring properties and adjoining signs, and the
character of Ardsley as predominantly a residential village.
[b]
Signs shall be limited to two colors,
as approved by the Board of Architectural Review (BAR).
(b)
General regulations pertaining to window and
interior signs.
[Amended 7-5-2006 by L.L. No. 3-2006]
[1]
Interior signs, other than permanently displayed signs showing principal place of business, must be neatly rendered and displayed and may not be displayed within 18 inches of any glass of a window or door unless they are signs that are permitted under either Subsection C(2)(b)[2] or Subsection C(2)(b)[3] below.
[2]
Each business establishment may display one temporary sign concerning either the business of the establishment or a noncommercial message within 18 inches of any glass of a window or door at any one time. Any such temporary sign shall be neatly rendered and displayed, shall be mounted on firm, flat material and shall be suspended or be displayed on a stand inside a window. Any such temporary sign shall not exceed four square feet and shall be included in the calculation of window coverage set forth in Subsection C(2)(b)[4] below.
[3]
No sign may be papered, taped, glued, painted
upon or in any way directly affixed to the glass of a window or door
unless it:
[Amended 5-21-2007 by L.L. No. 10-2007]
[a]
Is a permanently displayed sign
approved by the Board of Architectural Review that either shows the
principal place of business or provides information regarding services
or products offered by the business; or
[b]
Is a sign concerning the hours
of operation of the business (but no more than one such sign shall
be displayed without approval by the Board of Architectural Review):
or
[c]
Is a sign not exceeding 72 square
inches concerning a payment system (such as credit or debit cards)
accepted by the business; or
[d]
Is a temporary sign concerning
a charitable, educational, not-for-profit or civic event; or
[e]
Is a sign required by law.
[4]
The combined coverage of all window signs and
interior signs displayed within 18 inches of any glass of a window
or door, including permanently displayed signs, shall not exceed 20%
of the transparent area of the combined window and door area of the
premises.
[5]
No more than two signs concerning charitable,
educational, not-for-profit or civic events may be simultaneously
displayed on the doors or windows of a business establishment. Such
signs must be removed on the next business day after the event is
scheduled to occur. Such signs shall not be included in calculating
the area of coverage for window and interior signs. The combined size
of any such signs shall not exceed three square feet.
[Amended 5-21-2007 by L.L. No. 10-2007]
[6]
Signs described in this subsection shall not
be affixed to the exterior of a building or the exterior glass surface
of a building.
(c)
General regulations pertaining to illuminated
signs.
[1]
"Self-illuminated" shall mean the following
for purposes of these regulations:
[a]
Type A: direct source wherein the
light source itself is shaped and utilized to form the sign (e.g.,
neon or an array of individual lamps).
[b]
Type B: internal illumination wherein
a translucent, transparent or opaque material which forms the sign
is back-lighted by the light source and the light source is enclosed
from direct view.
[2]
"Externally illuminated" shall mean the following
for purposes of these regulations:
[a]
Type C: direct external illumination
wherein the sign, whether on an opaque, transparent or translucent
panel or applied to the window of the business establishment, is illuminated
by ambient light.
[b]
Type D: indirect external illumination
wherein the sign, whether on an opaque, transparent or translucent
panel or applied to the window of the business establishment, is illuminated
by ambient light.
[c]
The light sources providing illumination,
shall be either an ornamental incandescent fixture mounted to the
facade of the building with a maximum projection of 15 inches, or
a concealed continuous strip with incandescent or fluorescent lamps
mounted immediately adjacent to the plane of the building facade and
enclosed, with a maximum projection of six inches.
[d]
All light sources for illuminated
signs shall be:
[i]
Shielded or screened in a manner
not to be seen by passersby from a normal viewing angle. Intense or
glaring light is prohibited.
[ii]
Limited to natural white incandescent
or fluorescent lamps.
[iii]
Designed to cause a reasonable,
uniform distribution of light upon the full extent of the sign.
[3]
Type A self-illuminated signs shall be prohibited
on the building exterior.
[4]
A maximum of one illuminated sign (Type B, C
or D), in lieu of a standard sign, identifying the name of the business,
will be permitted per street facade whether on the exterior of the
building, located in the window or within the interior arranged in
a manner intended to be seen by passersby, subject to Board of Architectural
Review approval.
[5]
Within 30 days after the adoption of these regulations,
each business which desires to retain a self-illuminated sign in accordance
with these regulations shall have submitted to the Village Clerk a
three-and-one-half-inch-by-five-inch photograph of the sign which
depicts its location on the building.
[6]
The use of a self-illuminated sign (Type A) that is in conformity with Subsection C(2)(c)[8] below, in a window or door, or within 18 inches of the interior of the glass, arranged in a manner intended to be seen by passersby, may be permitted, subject to the approval of the BAR, and shall be included in the calculation of window coverage set forth in Subsection C(2)(b)[4] above.
[Amended 7-5-2006 by L.L. No. 3-2006]
[7]
Metallic flashing or moving, lights, iridescent
or intermittent and other similar illuminations are prohibited.
[8]
Neon signs of any kind are prohibited on the exterior of a building or within 18 inches of the glass of a window or door, except that a neon sign that was in actual use on July 1, 2006, and was installed in conformity with the Zoning Code and the regulations on signs that existed at the time of installation (a "permitted neon sign"), may continue to be used. Permitted neon signs may not be replaced in kind and, once removed, shall be replaced only with a sign conforming to the Zoning Code and these regulations. If any permitted neon sign shall require repair or maintenance as determined by the Building Inspector or the Code Enforcement Officer of the Village, or is otherwise repaired or replaced, to the extent of either 50% or more of the area of the sign or 50% or more of the replacement value of the sign, the repaired or replacement sign shall be removed by the owner of the premises or the operator of the establishment and shall be made to conform with requirements of this § 200-82C(2), including all permit procedures.
[Added 7-5-2006 by L.L. No. 3-2006]
(d)
General regulations pertaining to temporary
signs.
[Amended 12-6-2021 by L.L. No. 11-2021]
[1]
A sign not exceeding an area of 16 square feet
on each building or portion thereof and not illuminated, advertising
only the prospective sale, lease or rental of the property, or of
any business operated therein, on which the sign is erected or displayed,
and such signs shall be displayed in the window of said building or
portion thereof and shall be removed promptly upon the sale, lease
or rental of the property or business.
[2]
One building contractor's or subcontractor's
sign not exceeding 16 square feet in area and not illuminated, displayed
on a lot on which a building or group of buildings is actually under
construction with a valid work permit and only during such construction.
Such sign shall not be placed within a distance of 20 feet from any
side property line or three feet from the street front property line
and shall not exceed six feet in height above ground level. Such signs
shall be removed promptly upon the substantial completion of all work.
(3)
Public safety. No sign shall be erected or maintained
which shall constitute a public hazard, a public nuisance or a fire
hazard, and if any such sign shall not be repaired or removed after
the owner or operator thereof has been ordered to do so by the Superintendent
of Buildings, the Building Inspector, the Code Enforcement Officer
or the Police Department of the Village of Ardsley, the Village Manager
or his designee may cause its repair and/or removal and the cost thereof
shall be charged to the owner or operator of the property.
(4)
Permit application requirements for all exterior signs,
all illuminated signs and all permanent signs.
(a)
No exterior, illuminated or permanent sign shall
be displayed, erected, enlarged, altered or relocated unless authorized
by a sign permit. An application for a sign permit shall be made to
the Building Inspector by submitting five copies thereof upon forms
prescribed by the Board of Architectural Review and provided by the
Building Inspector and shall be accompanied by the following documents:
[1]
A drawing of the sign, accurately depicting
and dimensioning it as it would appear on the building, with a scale
of not less than one-inch-equals-one-foot-zero-inches. The size and
layout of letter forms and graphic symbols and the materials, colors
and thickness shall be indicated.
[2]
Samples of each material and color to be used
in the sign.
[3]
Photographs clearly showing the building facade
in its entirety and that of the immediately adjoining building. One
photograph should be a close-up showing the area where the proposed
sign will be placed.
[4]
Consent to erection of the sign by the owner
of the premises on which the sign is to be erected, if the applicant
is not the owner.
[5]
Filing fee as prescribed.
[6]
Such additional documents as the Board of Architectural
Review may request.
(b)
No sign permit shall be issued unless the application
therefor is first approved by the Board of Architectural Review.
(c)
Application for a sign permit must be made for
any new sign.
(5)
Effect of regulations on existing signs.
(a)
Existing permanently displayed interior or exterior signs showing principal name of business. One self-illuminating sign per facade which identifies the name of the business and/or the principal business activity or service provided, and which existed before these regulations were adopted, is permitted to continue, notwithstanding that it does not conform to the intent of the Zoning Code and these regulations for the future, provided that such sign was installed pursuant to a validly issued permit and that a photograph of such sign is submitted to the Village Clerk as set forth herein. Such signs may not be replaced in kind and once removed shall be replaced only with a sign conforming to the Zoning Code and these regulations. If any such sign is nonconforming and shall require repair or maintenance as determined by the Building Inspector or the Code Enforcement Officer of the Village, or is otherwise repaired or replaced, to the extent of the lesser of 50% or more of the area of the sign or 50% or more of the replacement value of the sign, the nonconforming sign shall be removed by the owner of the premises or the operator of the establishment and shall be made to conform with the requirements of this § 200-82C(2), including all permit procedures.
(b)
Existing window and interior signs. All nonconforming
signs shall be removed by the owner of the premises or the operator
of the establishment within 30 days of the adoption of these regulations.
(c)
It shall be the responsibility of the owner
and/or operator of any business or entity located in any district
in the Village, or the owner of the property containing such business
or entity, that displays a sign or signs pursuant to this chapter,
to remove such sign or signs from the building within 30 days after
the cessation of such business or entity. Furthermore, the area of
the building behind the sign shall be repaired to match the existing
finish of the building except for illuminated box signs, where the
sign panel shall be removed from the light box and an opaque panel
with no lettering shall be installed in its place.
[Added 11-21-2005 by L.L. No. 6-2005]
(6)
Inspection. The Code Enforcement Officer or the Building
Inspector shall be responsible for inspecting each sign regulated
by this subsection.
(7)
Permit revocable at any time. All rights and privileges
acquired under the provisions of this subsection are revocable and
all sign permits shall contain this provision.
(8)
Enforcement; fines.
(a)
The Code Enforcement Officer and the Building
Inspector shall have the authority to issue warnings and summonses
to enforce these regulations. The offenses referred to herein shall
be enforced on both a sign-specific and location basis, such that
multiple offenses at a single location shall permit the Code Enforcement
Officer or Building Inspector to issue multiple warnings and summonses
and to assess a separate fine for each nonconforming sign.
(b)
The owner of the premises and the operator of
the establishment shall be jointly and severally liable for compliance
with these regulations and for all fines imposed hereunder.
(c)
For the first offense within a twenty-four-month
period, the Code Enforcement Officer or Building Inspector shall issue
a written notice of violation to the owner of the premises or to the
operator of the establishment, or both, directing the recipient of
the notice to remedy the violation within 15 days. If the Code Enforcement
Officer or Building Inspector determines that there has been a second
or further offense within a twenty-four-month period, the Code Enforcement
Officer or Building Inspector may serve the person in violation with
an appearance ticket or summons without first issuing a notice of
violation or a written order of correction of the violation.
[Amended 7-5-2006 by L.L. No. 3-2006]
(d)
Any person committing an offense against any
of the provisions of this subsection shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine of not less
than $250 and not more than $2,000 for the first offense in a twenty-four-month
period, not less than $500 and not more than $2,000 for the second
offense in a twenty-four-month period, not less than $750 and not
more than $2,000 for the third offense in a twenty-four-month period,
and not less than $1,000 and not more than $2,000 for the fourth and
subsequent offenses in a twenty-four-month period, or to imprisonment
for a term not exceeding 15 days, or both. The twenty-four-month period
shall commence on the date of the initial violation. Every violation
of this subsection shall be a separate and distinct offense, and in
the case of continued violation, every day’s continuance thereof
shall be deemed to be a separate and distinct offense. A violation
of this subsection shall constitute disorderly conduct.
[Amended 11-21-2005 by L.L. No. 6-2005; 7-5-2006 by L.L. No. 3-2006]
(e)
The Board of Architectural Review is hereby
granted authority to review and determine all applications for sign
permits.
(9)
Regulations pertaining to handbill advertising in
residential and nonresidential zones.
(a)
No sign shall be erected or posted on any streetlight
pole, telephone pole, tree, signpost or any other place on Village-owned
or Village-controlled property unless authorized by the Village Manager
of the Village of Ardsley or his designee, or unless posted or erected
by a public utility for the safety or protection of life or property.
All such signs now existing on Village-owned or -controlled property
shall be removed within 30 days after this chapter becomes effective.
(b)
The Village Manager or his designee shall grant
such permission if provided with the name, address and telephone number
of the person(s) seeking approval for the sign and a copy of the sign.
(c)
Size. Signs shall not exceed an area of two
square feet.
(d)
Installation and removal. Signs shall not be
displayed earlier than 14 days prior to the scheduled commencement
of an event being advertised and shall be removed within 48 hours
after the scheduled conclusion of such event.
(e)
Signs installed without the permission of the
Village and/or signs not timely removed, shall be removed by the Village
and a fine of not more than $50 shall be assessed to the person(s)
responsible for such signs.
D.
Dwellings on small lots. Notwithstanding the limitations
imposed by any other provisions of this chapter, the Zoning Board
of Appeals shall permit erection of a dwelling on any lot in a residential
district separately owned or under contract of sale and containing,
at the time of the passage of this chapter, an area or width smaller
than that required for a one-family dwelling.
E.
All uses in any business district, whether principal, incidental or accessory, including all storage but excluding off-street parking and loading, shall be carried on in fully enclosed buildings. Exception to this provision will be made on approval of the Board of Trustees which may, at its option, also require the approval of other Village boards. The criterion to be used by the Board are the same as those used the Zoning Board in § 200-97.
[Amended 10-21-1968; amended 12-17-1990 by L.L. No. 16-1990]
F.
Site plan review in the B-1, B-2, B-3, RO and CCH
Districts.
[Added 12-18-2006 by L.L. No. 7-2006]
(1)
Approval required. The purpose of this subsection
is to streamline the site development plan approval process in the
Village of Ardsley by establishing procedures and standards for securing
administrative approval of proposed change of use applications and
minor site plan modifications involving property located in the B-1,
B-2, B-3, RO and CCH Districts.
(2)
Where site development plan approval is required by the terms of this chapter or by resolution by the Village Board or Planning Board, no building permit shall be issued by the Building Inspector until such a plan has been approved by the Village Board or Planning Board. Furthermore, no certificate of occupancy or use shall be issued for such premises until all of the requirements of the Board's approval, including any conditions attached thereto, shall have been met. Continued conformance with such plan and requirements shall be a condition of the continued validity of the certificate of occupancy or use. Except as provided for in §§ 200-82F(3)(a) and 200-82F(4)(a) herein, revisions of such plans to reflect site development plan modifications, including but not limited to changes of use, shall be subject to these approval requirements.
(3)
Change of use.
(a)
Where a change of use from one permitted use
requiring site development plan approval to another permitted use
requiring site development plan approval is proposed for premises
located in a business or industrial district, such change of use shall
not require site development plan approval by the Village Board or
Planning Board prior to the issuance of a building permit or a certificate
of occupancy or use by the Building Inspector, provided that the following
conditions have been satisfied:
[1]
There are no existing violations on the premises,
whether or not of record.
[2]
The existing use of the premises shall be shown
on a site development plan previously approved by the Village Board
or Planning Board and recorded in the Village.
[4]
There shall be no enlargement of the existing
building.
[5]
The proposed use shall not result in an increase
in intensity of use that will affect the characteristics of the site
in terms of access, traffic circulation, parking, pedestrian movement,
loading and unloading, noise, stormwater drainage, water supply, sanitary
sewage disposal or site lighting as determined by the Building Inspector.
(b)
If all of the above conditions can be met, the
Building Inspector may, in his discretion, review and approve the
proposed change of use in accordance with all other applicable provisions
of this code, prior to issuing a building permit or a certificate
of occupancy or use. If any of the above conditions cannot be met,
site development plan approval by the Village Board or Planning Board
shall be required. Irrespective of the foregoing, the Building Inspector
is reserved the right to forward any and all applications pursuant
to this section to the Village Board of Trustees for hearing and review.
(4)
Modifications to approved plan.
(a)
Where any other modification to a previously
approved site development plan is proposed for premises located in
a B-1, B-2, B-3, RO, or CCH District, such modification shall not
require amended site development plan approval by the Village Board
or Planning Board prior to the issuance of a building permit or a
certificate of occupancy or use by the Building Inspector, provided
that the following conditions are met:
[1]
There are no existing violations on the premises,
whether or not of record.
[2]
The proposed modification(s) shall not involve
the construction of building additions or the construction of any
structural additions other than handicap access ramps, stairs, walks,
decks or fences that do not violate the lot and bulk requirements
of this chapter.
[3]
The proposed modification(s), including but
not limited to the addition of proposed landscaping, shall not involve
any changes that may conflict with recommended minimum sight line
standards.
[4]
The proposed modifications shall not result
in an increase of use that will affect the characteristics of the
site in terms of access, traffic circulation, parking, pedestrian
movement, loading and unloading, stormwater drainage, water supply,
sanitary sewage disposal or site lighting.
[5]
The proposed modification(s) shall not involve any regulated wetlands, steep slopes or trees, as set forth in §§ 200-92 and 200-93. Irrespective of the foregoing, the Building Inspector is reserved the right to forward any and all applications pursuant to this section to the Village Board of Trustees for hearing and review.
(b)
If all the above conditions are satisfied, the
Building Inspector may review and approve the proposed site development
plan modification(s) in accordance with all other applicable provisions
of this code prior to issuing a building permit or a certificate of
occupancy or use. If any of the above conditions cannot be met, site
development plan approval by the Village Board or Planning Board shall
be required. Irrespective of the foregoing, the Building Inspector
is reserved the right to forward any and all applications pursuant
to this section to the Village Board of Trustees for hearing and review.
G.
The Board
of Trustees may grant a special permit to property owners who, at
the Village's request, transfer land to the New York State Department
of Transportation, the Village of Ardsley or any other governmental
agency or municipality for highway widening or improvement purposes,
when such owner has waived all rights to compensation thereof. The
special permit shall specify that all applicable setback, density
and other bulk and area zoning requirements shall be calculated as
if the transferred land had been retained. This provision shall apply
to all pending and previously approved site plans. No special permit
shall be granted unless the following findings are made by the Board
of Trustees concerning the particular application:
[Added 8-1-2011 by L.L. No. 2-2011]
(1)
That,
at the Village's request, the owner has transferred or has offered
to transfer land to the New York State Department of Transportation,
the Village of Ardsley or any other governmental agency or municipality
for highway widening or improvement purposes.
(2)
That
the transfer is for a public purpose and is in the public interest.
(3)
That
the owner has waived all rights to compensation for the land transferred
or to be transferred.
(4)
That the Board of Trustees finds that granting the special permit is necessary and desirable, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and shall be consistent with the provisions of § 200-97C(1) through (11).
(5)
In
addition to all of the foregoing reasons, the Board of Trustees may
grant the special permit provided in this chapter together with any
fair market compensation when it is determined, in its sole discretion,
that it is in the public interests and to do so would minimize the
hardship and unique impact of such taking upon the property owner
affected.
[Added 12-17-2012 by L.L. No. 6-2012]
H.
Public donation bins.
[Added 11-1-2021 by L.L.
No. 9-2021]
(1)
Legislative purpose. The use of public donation bins for the collection
of donated clothing, household items, toys and other goods for the
benefit of religious, governmental, scientific, literary, sporting,
educational or charitable not-for-profit organizations is beneficial
to the general welfare of this community, provided that such bins
are placed at suitable locations, are well maintained, and are operated
for the true benefit of a designated not-for-profit organization.
It is the intent of this section to regulate the placement and operation
of public donation bins so they serve this declared purpose.
(2)
Permit required; conditions. No person shall cause or permit the
erection, placement and/or maintenance of a public donation bin (PDB),
on a site within the B-1 General Business District, B-2 General Business
District or B-3 Shopping Center Business District where there is a
permitted or special permitted public building or use, except as authorized
by a permit that has been issued by the Building Inspector in accordance
with the following conditions:
(a)
The PDB shall be placed outside of an enclosed building located
on either an approved lot within the Business Districts or, within
any other zoning district, on an approved lot on which the PDB's sponsor
owns or operates a principal use that complies with the chapter.
(b)
The PDB shall not be located within the front yard portion of
a lot.
(c)
The PDB shall not be located anywhere on a lot on which a residential
dwelling is located.
(d)
The PDB is hereby identified as an accessory use and structure
subject to all setback criteria for said use and structure as provided
elsewhere in this chapter of the Village Code except as otherwise
set forth in this section.
(e)
The PDB shall be placed upon a solid, dust-free surface and
anchored.
(f)
The PDB shall be located so as to preserve adequate sight lines,
on-site parking and driveway space, pedestrian access and any other
elements determined by the Building Inspector to preserve safe and
adequate vehicle and pedestrian circulation on the premises.
(g)
The PDB shall be entirely enclosed except for an opening that
is the minimum size necessary to allow for the deposit of donations.
There shall be a door used to access the PDB which shall be locked
so that the contents may not be accessed by anyone other than those
responsible for the retrieval of the contents. No PDB shall be allowed
that involves a one-way trap-door device.
(h)
The maximum size of a PDB shall not exceed six feet wide by
six feet long, nor exceed six feet in height.
(i)
Signs inviting donations may be placed on each of the sides of the public donation bin (PDB), provided that no such sign shall be placed on a side that faces a lot line of an abutting residential district. Each sign shall identify the PDB's sponsor and the charitable, religious, scientific, literary, sporting, educational or governmental purpose of the sponsor that will be advanced by donations to the PDB. Each sign shall also contain the current telephone number for the public to contact in the event said PDB is not being adequately maintained in the manner specified in Subsection H(2)(k) below. Such authorized signs shall not exceed two feet by four feet in dimension and shall not be illuminated.
(j)
Each PDB shall also be clearly posted with a sign that specifies
what types of items may and may not be deposited therein.
(k)
Every PDB shall be maintained on a regular basis to prevent
overflow, the accumulation outside the PDB of discarded items, deterioration
or malfunction of the PDB, or other unsightly, unsafe or unhealthy
conditions. There shall be no overflow of a PDB allowed. In the event
of overflow, or other problem condition cited above, the Building
Inspector shall immediately notify the contact person that is designated
by the PDB's sponsor to correct the problem. All such problems shall
be corrected within 24 hours of a violation notification. A permit
issued for a PDB shall be revoked and the PDB removed within 48 hours
of notice being provided if, within 24 hours after delivery of the
third violation notice, the designated contact person fails to correct
the problem condition or otherwise indicates by word, action or inaction
that the sponsor is no longer willing or able to maintain the PDB.
(l)
There shall be a maximum of one PDB per property.
(3)
Permit form and content. The application for the permit for a PDB
shall be made in writing upon a form prescribed by the Building Inspector
that shall contain information sufficient for the CEO to determine
whether the proposed PDB structure and use will comply with this section
and chapter, including without limitation:
(a)
The name and contact information for the sponsor; and
(b)
A description of the not-for-profit status of the sponsor and
the charitable, religious, scientific, literary, sporting, educational
or charitable purpose to be served by the collection of items donated
to the PDB; the name and contact information of the owner of the lot
where the PDB is proposed to be located; the name and contact information
of the sponsor's designated contact person who is responsible for
the sponsor's maintenance of the PDB; and
(c)
Information on the dimensions, design, signage, and location
of the proposed PDB.
(5)
Permit number; dates of issuance and expiration.
(a)
Permit number. Each approved application shall be given a dropoff
bin permit number issued by the Building Inspector that shall be affixed
to the bin as required elsewhere by this chapter.
(b)
A PDB permit shall be affixed to every public donation bin device
used by a permittee for the collection and storage of new or used
clothing, toys or other items, and the permit shall be affixed to
the bin prior to placement of the bin.
(c)
The permit shall be placed on the same side of the bin as the
chute used for the deposit of donated items. Upon the sale or transfer
of a bin, a new permit shall be required and shall be affixed to the
bin prior to placing it in service.
(d)
A permit issued under this section shall be valid from the date
of issuance until February 28 of the following odd-numbered year.
(6)
Enforcement; penalties for offenses; injunctions.
(a)
The owner, lessee, or other person or legal entity in control
of the property where a public donation bin is being maintained in
violation of this section and the person or entity which owns, maintains,
or operates a bin in violation of this section shall be jointly and
severally liable therefor.
(b)
The Building Inspector is hereby authorized to issue summonses
or appearance tickets, returnable to Village Court, for any violations
of this section.
(c)
Additionally, the Village Attorney may, in an appropriate case,
institute an injunction action in the name of the Village to assure
compliance with the terms of this section.
(d)
Any person, owner, tenant, lessee and/or agent having a legal interest in the subject property who has upon his/her property a personal donation bin without a valid permit or which is overflowing or has items located on the ground around the bin shall be in violation of this section and punishable subject to the penalties for offenses set forth in § 200-104 of this Code.
(e)
All bins which have not received a permit within six months
of the passage of this section shall be removed.
[Amended 5-19-2003 by L.L. No. 4-2003]
A.
Legislative intent Economic and social changes, including
changes in lifestyles, which have occurred since the time that most
homes in Ardsley were built, have created a demand for significantly
larger new homes, as well as the teardown and redevelopment and/or
major expansion of existing homes. The Village Board hereby finds
that the scale of these new or expanded homes has, in some cases,
been out of character and scale with the neighborhoods in which they
are located. Similarly, a combination of larger houses and increased
land utilization for uses and structures accessory to such homes has
caused excessive disturbance of the land, increased stormwater runoff
and resulted in a reduction in green space, i.e., trees and other
forms of vegetation. Such intensive development and increased stormwater
runoff results in increased downstream flooding, erosion and sedimentation,
as well as impacting the aesthetically pleasing parklike character
of the Village's established neighborhoods. It is, therefore, the
intent of the Village Board, consistent with relevant economic and
social considerations, to establish reasonable controls on the size
of new or expanded houses, as well as on impervious surface coverage,
but to do so in a way that incorporates flexibility and good judgment
into the process.
B.
Maximum house size. The following table establishes the basic permitted floor area for one-family dwellings on lots of the sizes indicated, irrespective of zoning district, in the Village of Ardsley. Notwithstanding these floor area standards, if any proposed dwelling is located on a lot that has a lot area which exceeds the minimum lot area requirements by more than 30%, such dwelling shall require Planning Board special permit approval pursuant to the standards and procedures as set forth in § 200-83D, unless such dwelling was made to comply with the basic permitted floor area of a lot that does not exceed the minimum lot area requirements by more than 30%. Further, the Planning Board is hereby authorized, by special permit and also pursuant to the standards and procedures as set forth in § 200-83D, to allow an increase in the basic permitted floor area for any one-family dwelling and its accessory buildings, not to exceed the maximum amount as shown in the following table:
[Amended 11-21-2005 by L.L. No. 6-2005; 11-5-2007 by L.L. No. 14-2007]
Lot Area
(square feet)
|
Basic Permitted Floor Area for One-Family
Dwellings and Accessory Buildings
(square feet)
|
Maximum Permitted Floor Area for One-Family
Dwellings and Accessory Buildings*
(square feet)
|
---|---|---|
Less than 7,500
|
2,400 or 40% of lot area, whichever is greater
|
2,760 or 46% of lot area, whichever is greater
|
7,500 to 9,999
|
3,000 plus 24% of lot area in excess of 7,500
square feet
|
3,450 plus 28% of lot area in excess of 7,500
square feet
|
10,000 to 39,999
|
3,600 plus 8% of lot area in excess of 10,000
square feet
|
4,150 plus 10% of lot area in excess of 10,000
feet
|
40,000 or more
|
6,000 plus 4% of lot area in excess of 40,000
square feet
|
7,150 plus 5% of lot area in excess of 40,000
square feet
|
Notes:
|
---|
* Subject to Planning Board special permit approval.
|
C.
Gross land coverage. The following table establishes the basic permitted gross land coverage for one-family uses on lots of the sizes indicated, irrespective of zoning district. The Planning Board is, however, hereby authorized, by special permit and pursuant to the standards and procedures as set forth in § 200-83D, to allow an increase in the basic permitted gross land coverage for one-family dwelling lots, not to exceed the maximum amount as shown in the following table. Further, in either case, an additional 10 square feet of gross land coverage shall be permitted for each one foot of front yard setback in excess of the minimum required:
[Amended 2-21-2017 by L.L. No. 2-2017]
Lot Size
(square feet)
|
Basic Permitted Gross Land Coverage for
One-Family Dwelling Lots
(square feet)
|
Maximum Permitted Gross Land Coverage
for One-Family Dwelling Lots
(square feet)
|
---|---|---|
Less than 7,500
|
2,500 or 40% of lot area, whichever is greater
|
2,800 or 47% of lot area, whichever is greater
|
7,500 to 39,999
|
3,000 plus 12% of lot area in excess of 7,500
square feet
|
3,550 plus 14% of lot area in excess of 7,500
square feet
|
40,000 or more
|
6,900 plus 12% of lot area in excess of 40,000
square feet
|
8,100 plus 14% of lot area in excess of 40,000
feet
|
D.
Special permit standards and procedures.
(1)
Application. Each applicant for a special permit pursuant
to this section shall submit, simultaneously to the Planning Board
and to the Board of Architectural Review, site, building and landscaping
plans, prepared by a properly qualified professional(s), accurately
depicting the proposed location of the dwelling and any proposed accessory
buildings, structures and/or uses on the site, including the following
information, except where the submission of such information is waived
by the Planning Board:
(a)
Topography with contours at a vertical interval
of not more than two feet;
(b)
The location of any significant natural features
such as wetlands, water bodies, rock outcroppings, steep slopes, and
trees which are proposed to be removed or disturbed;
(c)
The location and use of existing structures
on abutting properties;
(d)
Proposed architectural elevations of all building
sides;
(e)
Proposed building and lot cross sections, if
and as appropriate to illustrate the relationship of the proposed
construction to the site's topography and to neighboring streets and
properties;
(f)
A proposed landscaping and screening plan;
(g)
The name and address of the applicant, property
owner(s) if other than the applicant, and of the properly qualified
engineer, architect, landscape architect, surveyor and/or other professionals
who prepared the application, including their certification that the
plans and the building height, floor area, lot coverage and other
calculations are correct; and
(h)
Such other information as the Planning Board
or Board of Architectural Review may deem necessary or appropriate
to assist it in arriving at a decision.
(2)
Procedure.
(a)
Within no more than 30 days of receipt of its
copy of the application, the Board of Architectural Review shall complete
and submit its report and recommendations to the Planning Board;
(b)
A public hearing shall be scheduled and conducted
by the Planning Board within 45 days of the date that the application
is received, unless such time limit is waived by the applicant; and
(c)
Notice of the hearing shall be advertised in
the official Village newspaper at least seven days prior to such hearing,
and all property owners of record within a distance of 200 feet from
the boundary of the subject property shall be sent copies of such
notice by certified mail, return receipt requested. The applicant
shall submit proof of the publication of the notice and the mailing
of all such notices prior to the start of the public hearing.
[Amended 11-21-2005 by L.L. No. 6-2005]
(3)
Standards and criteria. In reviewing such special
permit applications, the Planning Board shall consider the legislative
intent of the Village Board, as set forth in this chapter, and, in
particular, the following:
(a)
The visibility of the proposed structure from
neighboring streets and properties;
(b)
The present use and zoning of neighboring properties;
(c)
The character, interest and scale of proposed
roof and building facade designs, including architectural features,
materials and colors;
(d)
The nature and extent of proposed site disturbance,
tree removal or other alteration of natural features;
(e)
The degree to which existing or proposed landscaping,
house siting, grading and building design may serve to mitigate any
potential adverse environmental impacts and/or visual impacts on neighboring
streets and properties; and
(f)
Other such similar factors as may be determined
appropriate by the Planning Board.
(4)
Planning Board decision. Based upon the above established
standards and criteria, and taking into consideration the report and
recommendations of the Board of Architectural Review as well as any
other evidence submitted as a part of the public hearing, the Planning
Board shall, within a maximum of 30 days from the date of the close
of the public hearing unless such time period is extended with the
consent of the applicant, act either to approve, disapprove or approve
with required modifications any such special permit application. Required
modifications may include reduction in the size of the proposed dwelling,
its redesign or relocation on the site, the redesign and/or relocation
of any other proposed accessory buildings, structures or uses on the
site, the preservation of certain site features, the provision of
additional landscaping or other such similar design changes. The Planning
Board's decision with respect to any such special permit application
shall constitute a final determination of the Planning Board. Aggrieved
parties may seek relief pursuant to Article 78 of the Civil Practice
Laws and Rules of the State of New York.
A.
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than prescribed in the
regulations for the district in which said lot is located. Whenever
such reduction in lot area occurs, any building located on said lot
shall not thereafter be used until such building is altered, reconstructed
or relocated so as to comply with the area and yard requirements applicable
thereto.
B.
Visibility at intersections. On a corner lot in any
residence district no fence, wall, hedge or other similar structure
or planting more than three feet in height above established grade
shall be erected, placed or maintained within the triangular area
formed by the intersecting street lines and a straight line joining
said street lines at points which are 30 feet distant from the point
of intersection, measured along said street lines.
A.
Terraces. A paved terrace shall not be considered
as part of any building in the determination of yard size or lot coverage;
provided, however, that such terrace is unroofed and without walls,
parapets or other form of enclosure. Such terrace, however, may have
an open guard railing not over three feet high and shall not project
into any yard to a point closer than four feet from any lot line.
B.
Porches. Any porch or similar structure shall be considered
a part of the building in the determination of the size of yard or
lot coverage.
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed except for the ordinary
projections of window sills, belt courses, cornices, eaves and other
architectural features; provided, however, that such features shall
not project more than two feet into any required yard.
D.
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet, six inches.
E.
Front yard depth. In any residence district, each
dwelling hereafter erected shall have a front yard at least equal
in depth to the average depth of the front yards of the lots adjacent
thereto on either side, but no front yard shall be less than 20 feet
nor need any front yard have a greater depth than 40 feet.
F.
Reduction in rear yards. When a lot is less than 100
feet deep at the time of the passage of this chapter, such rear yard
may be decreased 1/4 of the distance that the lot depth is less than
said 100 feet; provided, however, that no rear yard shall be less
than 15 feet in depth.
A.
District boundary. Where a district boundary line
divides a lot in single or joint ownership of record at the time such
line is adopted, the Zoning Board of Appeals may permit the extension
of a use or structure into a more restricted district immediately
adjacent thereto when, and to the extent that, it is evident that
the portion of land in the more restricted district is physically
unsuited for the more restricted purpose, provided that the lot has
frontage on a street in the less restricted district, or if a business
lot extends from a business street to a residential street, all business
pedestrian or vehicular street access shall be from the business street.
B.
Business entrances on residential streets. Where a
residential district is bounded by a portion of a business district,
then any side street extending through such residential district into
such business district shall not be used for any business purposes,
except as herein set forth. The business structure erected in said
business district shall face and open upon the street set aside for
business purposes, and an entrance may be made at the corner of such
business and residential streets, and all other entrances thereto
must face on the business street.
Where a lot in a business district abuts a lot
in a residential district, there shall be provided along such abutting
lines a yard equal in width or depth to that required in the residential
district, and 10 feet shall be set aside for ornamental plantings
designed for concealment but not to exceed a height necessary for
concealment of the business structure. This provision may be waived
by the Zoning Board of Appeals if the business property is topographically
lower by the height of one story or more than the residential area.
Where the frontage on one side of a street between
two intersecting streets is zoned partly as residential and partly
as business, the front yard depth in the business district shall be
equal to the required front yard depth of the residential district.
On every corner lot in a residential district,
there shall be provided on the side street a side yard equal in depth
to the required front yard depth on the side street.
[1]
Editor's Note: Former § 200-90, Noncommercial livestock
and poultry, was repealed 12-6-2021 by L.L. No. 12-2021.
[Added 5-7-1962]
Whenever, after December 20, 1959, the owner
or owners of any property shall, while said property is located in
a Residential District R-1, R-2 or R-3, convey and dedicate to the
Village of Ardsley, New York, any portion thereof for use as a public
highway or street, and such dedication shall be completed without
litigation and by the adoption by the Board of Trustees of the Village
of Ardsley, New York, of a resolution accepting such dedication, which
resolution provides expressly that the grantors shall suffer no adverse
effect under the Village of Ardsley, New York, Zoning Ordinance by
virtue of such dedication, then:
A.
The remaining contiguous property of such owner or
owners shall not be deemed nonconforming in any respect whatsoever,
merely by virtue of such dedication;
B.
The owner or owners, and their successors in title, shall be entitled, in applying the provisions of Article III, § 200-8, and/or § 200-9; Article IV, § 200-16, and/or § 200-17; Article V, § 200-24, and/or § 200-25, to have the same applied as if the property so dedicated remained a portion of the property owned by such owner or owners;
D.
The owner or owners, and their successors in title, shall be entitled, as of right, to variances from the provisions of Article III, §§ 200-10 and 200-12; Article IV, §§ 200-18 and 200-20; Article V, §§ 200-26 and 200-28; and Article IX, § 200-85, without further showing of hardship, to the extent deemed necessary and appropriate by the Zoning Board of Appeals so as to avoid penalizing such owner or owners for such dedication.
[Added 3-18-1996 by L.L. No. 1-1996]
The Board of Trustees hereby finds that adult
entertainment uses of property, by their very nature, have serious
objectionable characteristics which can have a significant impact
on the neighborhood and community in which they are located. The Board
of Trustees further finds that: the uncontrolled proliferation of
such uses would be inconsistent with the nature of the Village as
a primarily residential, family-oriented community; such uses can
contribute to the blighting or downgrading of neighborhoods in which
they are located as a result of their related potential for an increase
in crime and the undermining of the economic, moral and social welfare
of the community; such uses can adversely impact the general health,
safety and economic well-being of the entire community and, in particular,
the children of the community; and the location of such uses in areas
where children reside or may regularly assemble is of great concern
to the Village of Ardsley. Therefore, it is the purpose of this section
to prevent a concentration of these uses in any one area and to specifically
reduce their potential accessibility to children.
A.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USE
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, periodicals, recordings, films,
videotapes/cassettes or other viewing materials which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas, and which
establishment excludes minors by reason of age.
An establishment which presents topless and/or bottomless
dancers, strippers, male or female impersonators, exotic dancers or
other similar entertainers and excludes minors by reason of age.
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret or massage establishment, as
those terms are defined herein.
A motel which is open to the public generally and makes available
to its patrons in their rooms films, slide shows or videotapes which,
if presented in a public movie theater, would exclude minors by reason
of age.
An establishment presenting material distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons,
and which establishment excludes minors by reason of age.
A method of treating the external part of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
An establishment where massages are administered, excluding
hospitals, nursing homes, medical clinics, offices of health care
practitioners duly licensed by the State of New York and barbershops
or beauty salons in which massages are administered to the scalp,
the face, the neck or the shoulder. This definition shall also not
include any volunteer fire department or volunteer rescue squad, or
any nonprofit organization operating a community center, or other
such educational, cultural, recreational or athletic facilities.
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
Any active masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
B.
Standards. The following standards shall control the
location and operation of adult entertainment uses:
(1)
No more than one adult entertainment use shall
be permitted on any lot and no such use shall be permitted within
300 feet of any other such use.
(2)
No adult entertainment use shall be permitted
in any building used in whole or in part for residential purposes.
(3)
No adult entertainment use shall be permitted
on any lot which is located within 300 feet of any lot used for residential
purposes in a residential district.
(4)
No adult entertainment use shall be permitted
on any lot which is located within 300 feet of any lot on which is
located a school, place of worship, community center, public park,
playing field or other area in which large numbers of minors regularly
congregate.
(5)
No adult entertainment use shall be permitted
within 300 feet of any school bus stop.
(6)
Adult entertainment uses shall comply with all
other requirements of the Code of the Village of Ardsley, as well
as all applicable town, county, state and federal laws and regulations.
(7)
All building openings, including doorways, windows,
etc., shall be located, covered or screened in such manner as to prevent
a view into the adult entertainment use from any public street, sidewalk
or parking area.
(8)
As a condition to the issuance of site plan
approval for any such adult entertainment use, there shall be a restriction
that no person under the age of 18 years shall be permitted into or
on the premises.
C.
Effect on existing uses.
(1)
Any adult entertainment use lawfully in existence
on the date on which the provisions of this section become effective
shall be permitted to continue, provided that such use is registered
with the Village Building Inspector within 30 days of said date, and
further provided that it is established to the satisfaction of the
Village Building Inspector that such use complies with all applicable
requirements as set forth herein.
(2)
Amortization.
(a)
Any adult entertainment use lawfully in existence
on the date on which the provisions of this section become effective
and which registers with the Building Inspector within the required
30 days but cannot establish to the satisfaction of the Building Inspector
that said use complies with the requirements of this section shall
be discontinued on or before the date specified in accordance with
the following amortization schedule:
Capital Investment as of the Effective
Date of This Section
|
Date Before Which Use Shall Terminate
|
---|---|
$0 to 25,000
|
December 31, 1996
|
$25,001 to 50,000
|
December 31, 1997
|
$50,001 to 75,000
|
December 31, 1998
|
$75,001 to 100,000
|
December 31, 1999
|
More than $100,000
|
December 31, 2000
|
(b)
The owner of each such use shall specify, with
appropriate documentation, the amount of its capital investment prior
to registering such use with the Building Inspector.
(3)
Any adult entertainment use which fails to register
with the Building Inspector within 30 days of the effective date of
this section shall be entirely discontinued on or before June 30,
1996.
[Added 10-20-1997 by L.L. No. 8-1997]
A.
No awning shall be erected, constructed, placed, maintained
or changed in a nonresidential district unless the awning is in compliance
with the provisions of this section and a building permit has been
issued therefor.
(1)
Awnings shall be of the standard, barrel or
hoop type designed and fabricated to conform to the shape and dimensions
of window and doorway openings. Other configurations shall not be
permitted except where specifically necessitated by an unusual window
shape and approved by the Board of Architectural Review.
(2)
Awnings may be stationary or nonstationary (operable).
(3)
Operating arms and braces shall be fully concealed
from end view when the awning is in an open position.
(4)
Awning material colors and signage shall be
limited to two colors as approved by the Board of Architectural Review.
Tints of the same color shall be considered separate colors. Metallic,
iridescent, and bright colors are prohibited. The awning support and
finished structure, mechanism and enclosure housing shall be of a
neutral color, harmonious with the materials of the building facade
and awning fabric.
[Amended 6-20-2016 by L.L. No. 3-2016]
(5)
Awning material shall be of fabric. The use
of metal, plastic, solid vinyl or other rigid material is prohibited.
Fabric shall be canvas duck or vinylcoated canvas.
(6)
The minimum height from the sidewalk to any
part of the awning covering or its supporting frame when closed or
extended shall be seven feet zero inches.
(7)
The awning, including the operating mechanism
and enclosure housing (where of the nonstationary type), shall be
installed in a manner which does not cover the wall surface or architectural
features of the building facade. Generally, awnings shall be fitted
and mounted within the frame of the window and door openings. Any
overlap of the awning onto adjoining building surfaces where necessitated
by the particular characteristic of the building facade shall be limited
to six inches. Awning enclosure housings which are integrated and
recessed within the window head construction are preferred.
(8)
Signs and lettering on awnings shall be subject
to the requirements of this chapter regarding signs.
(9)
An application for a building permit for an
awning shall include:
(a)
A drawing accurately depicting, to dimension,
the store front and the awning (including lettering) in fully open
position at a scale not less than one inch equals one foot zero inches.
(b)
A photograph clearly showing the building facade
in its entirety and its relationship to immediately adjoining buildings.
Polaroid and snapshot three-inches-by-five-inches photographs are
acceptable.
(c)
A sample of awning fabric and colors shall be
provided.
B.
Awnings existing on the date this section shall become
effective may continue to exist and be used, though such existing
awning does not conform with the provisions of this section, subject
to the following:
(1)
All preexisting awnings shall be removed or
replaced and rendered conforming with this section (including all
permit requirements), by the owner of the premises or the operator
of the establishment if the awning is nonconforming and requires repair
or maintenance to the extent of the lesser of 50% or more of the area
of the awning or 50% or more of the replacement value of the awning,
as determined by a duly appointed official of the Village; or if the
awning is nonconforming and the owner of the premises or the operator
of the establishment changes the lettering of the awning or changes
the name of the business.
C.
The Code Enforcement Officer shall inspect at least
annually each awning regulated by this section for the purpose of
determining compliance with all applicable laws, including ascertaining
if the awning is safe and secure; if the awning complies with these
regulations; and if the awning needs to be removed or repaired.
D.
Permit revocable at any time. All rights and privileges
acquired under the provisions of this section are revocable at any
time by the Board of Trustees, and all permits shall contain this
provision.
E.
No canopy shall be erected, constructed, placed or
maintained unless a special permit is granted by the Board of Trustees.
The Board of Trustees shall consider an application for such a special
permit only upon the joint recommendation for approval thereof by
the Board of Architectural Review, Planning Board and Zoning Board
of Appeals. For purposes hereof, a "canopy" is defined as a structure
supported by columns or walls, made of cloth, metal, concrete or a
similar material, intended or designed to provide shelter or to enclose
persons or property.
F.
Enforcement; penalties for offenses.
(1)
The Code Enforcement Officer shall have the
authority to issue warnings and summonses to enforce these regulations.
The offenses referred to herein shall be enforced on both an awning-specific
and location basis, such that multiple offenses at a single location
shall permit the Code Enforcement Officer to issue multiple warnings
and summonses and to assess a separate fine for each nonconformity.
(2)
The owner of the premises and the operator of
the establishment shall be jointly and severally liable for compliance
with these regulations and for all fines imposed hereunder.
(3)
For a first offense, the Code Enforcement Officer
shall issue a written warning to the owner of the premises and to
the operator of the establishment to correct the nonconformity within
30 days.
(4)
For a second and additional offenses, if the
nonconformity which was the subject of a warning is not corrected
within the applicable period, or if a new nonconformity is placed
on the subject premises within the 30 days after the issuance of a
warning, the Code Enforcement Officer shall issue a summons requiring
the removal of the nonconformity and the violator(s) shall be liable
for a fine of up to $250 for each offense and/or to be found liable
as a disorderly person under the Penal Law.