A.
Procedure. On any lot, accessory buildings and uses
in connection with the principal structure and use may be constructed
and located subject to the following process:
(1)
All accessory buildings or uses shall require a permit
to be issued prior to their initiation and a certificate of compliance
upon their completion as elsewhere required in these regulations.
(2)
Where applicable, such permit shall be issued conditional
upon satisfactory completion and issuance of a certificate of compliance
for the principal building or use to which it is accessory. If said
certificate of compliance is not issued within 12 months from the
date of issuance of the permit for the accessory building or use,
the conditions upon which said permit was issued shall be deemed not
to have been complied with, and the accessory building or use shall
be considered in violation of these regulations unless an application
for an extension of time is made to the Board of Appeals and the Board,
by resolution, authorizes an extension of such time, as it may deem
appropriate, to allow for compliance with the conditions under which
the permit was issued.
B.
Applicable standards. Accessory buildings and uses
shall be governed by the following:
(1)
No more than one accessory building, in addition to
any private automobile garage, shall be permitted on any residential
lot in conjunction with any standard use. All accessory buildings
or uses accessory to a residence shall be considered in character
and use with the principal residential use.
(2)
Accessory buildings and uses in conjunction with a
use requiring site plan review, a special use or a Planned Unit Development
District shall be determined by the Planning Board, Board of Appeals
or Board of Trustees in accord with the respective review process
stipulated for any site plan, proposed special use or Planned Unit
Development District.
(3)
An accessory building, other than those storage sheds meeting the dimensional requirements and other criteria set forth in § 180-21B(9), whether attached to the principal structure or not, shall comply in all respects with the requirements of the regulations applicable to the principal building, except in the instance of building height which is expressly stipulated as distinct for an accessory building as set forth below.
[Amended 8-16-2004 by L.L. No. 8-2004]
(4)
The maximum height of any accessory building shall
be 1 1/2 stories or 15 feet, whichever is less, except that it
shall not exceed the height of the principal building.
(5)
A private, outdoor swimming pool shall be permitted
as an accessory use to a dwelling unit only in accordance with the
following:
(a)
Such pool shall be located, constructed and maintained in accordance with the requirements of Chapter 149, Swimming Pools, of the Village Municipal Code.
(b)
Such pool shall not be erected or constructed in any front yard, shall conform to the minimum side and rear yard requirements for the district in which it is located, except as Chapter 149, Swimming Pools, of the Village Municipal Code requires an additional setback, and shall be not less than 15 feet distant from any principal structure.
(c)
Such pool shall be adequately screened or otherwise
situated so as not to be physically or visually obtrusive from the
public right-of-way or to present a nuisance to any adjoining use,
and all lighting or other appurtenances shall be so arranged as not
to interface with neighboring uses.
(d)
Such pool shall be constructed and maintained
in conformance with the requirements of the New York State Department
of Health.
(6)
A swimming pool to be constructed or installed as an accessory use to a motel, tourist or like accommodation or as part of any commercial or club facility shall be permitted after application and consideration according to the applicable process for the type of use and respective zoning district in which it is located. Such swimming pool shall be so located as not to cause a hazard to public safety or nuisance to adjoining uses and shall be designed, located and maintained in accord with acceptable engineering standards, Chapter 149, Swimming Pools, of the Village Municipal Code and the applicable requirements of the New York State Department of Health.
(7)
The minimum yard requirements of these regulations
shall not apply to a fence. Such fence or other like construction,
however, shall not be located within three feet of any front lot nor
be constructed of a material or in a manner that would be hazardous
or unsightly or would otherwise interfere with the use of adjoining
properties or the public right-of-way.
(8)
A satellite dish antenna shall be permitted as an
accessory use to a principal use only in accordance with the following:
(a)
Such dish antenna shall not be erected in any
front yard and shall conform to the minimum side and rear yard requirements
for the district in which it is located.
(b)
Such satellite dish shall be ground mounted
and shall not exceed 12 feet in height.
(c)
All satellite dishes 20 inches or less in diameter
shall be exempt from the above requirements.
[Added 3-6-1995 by L.L. No. 3-1995]
(9)
A storage shed shall be permitted as an accessory
use to a dwelling unit only in accordance with the following:
[Added 2-7-1994 by L.L. No. 3-1994]
(a)
Such storage shed shall be located at the rear
of the home constructed on said lot.
(b)
The maximum size of the storage shed shall be
limited to 120 square feet, with a minimum dimension of five feet
and a maximum dimension of 12 feet in either horizontal direction
and a maximum height of 10 feet six inches.
(c)
The minimum side and rear yard setback shall
be five feet zero inches.
(d)
The shed shall be constructed according to the
applicable provisions of the New York State Uniform Fire Prevention
and Building Code.
(e)
The applicant shall submit a complete set of
drawings to the Code Enforcement Office and obtain a building permit
prior to commencing construction.
(f)
Prefabricated buildings are acceptable.
(g)
These requirements and allowances are for R-1,
R-2, R-3 and R-4 Zones only.
A.
Purpose. It is the objective of this section to provide
standards for the accommodation of the off-street parking and loading
needs of motor vehicles in the Village in recognition of the important
relationship of these needs to an orderly, efficient and safe traffic
system, the proper function of the business center and the attractive
preservation of residential neighborhoods.
B.
Procedure. Any principal building or use requiring
a permit under these regulations shall comply with the parking standards
specified below:
C.
Applicable standards. Unless specifically waived by
the Planning Board, Board of Appeals or Board of Trustees as is appropriate
under the site plan, special use/appeal or planned unit development
review processes, the following minimum standards shall apply for
the types of uses set forth below.
(1)
One-family and two-family dwellings: two parking spaces
for every dwelling unit.
(2)
Multiple-family dwellings: one parking space for each
bedroom within the dwelling.
[Amended 5-6-2002 by L.L. No. 10-2002]
(3)
Group dwellings: three parking spaces for every two
residents.
(4)
Professional residence-offices, personal service uses
and home occupations: in addition to the requirements for the residence,
one parking space for the equivalent of every full-time employee,
plus one additional parking space for every 200 square feet of office
area.
(5)
Hotels, motels, tourist homes, rooming houses: in
addition to the requirements for the residence, one parking space
for the equivalent of every full-time employee, plus one space for
every guest room.
(6)
Hospitals: one parking space for the equivalent of
every full-time employee, plus one space for every two beds.
(7)
Places of public assembly: one parking space for every
five seats or one parking space for every 100 square feet of floor
area, whichever requires the greater number of parking spaces.
(8)
The parking requirement for commercial, retail businesses, professional, medical and other business offices located in the B-1 and B-2 Zoning Districts subject to the Village's parking regulations for the Central Area Overlay at § 180-22D(3) is one space for each vehicle used for business purposes, one space for each full-time equivalent employee and a maximum of one space for every 300 square feet of gross floor area of a newly constructed or renovated structure subject to the following:
[Amended 6-17-2013 by L.L. No. 5-2013]
(a)
Parking facilities shall be developed on the side or rear of
buildings to promote a more cohesive community character and increase
front yard space dedicated to open or green space.
(b)
Parking facilities shall make use of permeable paving materials
to the greatest extent possible to slow stormwater runoff and provide
an opportunity for the absorption of runoff on site to prevent over
burdening of the Village's stormwater system.
(c)
Parking facilities shall provide for the management of stormwater
runoff using underground storage in combination with green space to
maintain the building site's natural hydrologic characteristics after
development. The use of stormwater detention ponds are discouraged
unless there is no other reasonable alternative stormwater management
strategy. Site plan review applicants must submit a stormwater pollution
prevention plan that complies with the New York State Building Code
if less than one acre is proposed for development, substantial renovation
or new construction and the most recent edition of the New York State
Department of Environmental Conservation's Stormwater Management Manual
if the area proposed for development, substantial renovation or new
construction is greater than one acre and shall submit a draft New
York State approved stormwater pollution prevention plan and permit
for projects greater than one acre in size with the applicant's application
for site plan review.
(d)
A minimum of one Class II bicycle rack with the capacity to
store four bicycles will be required for parking areas/lots having
greater than 20 parking stalls proposed. Bicycle racks are to be placed
in a visible location that will minimize conflict between bicyclists
and pedestrians and bicycle parking signs that comply with the United
States Federal Highway Administration's Manual on Uniform Traffic
Control Devices shall be provided at each bicycle rack provided. (See
Zoning Attachment II-B, Sign Diagrams.[1])
[1]
Editor's Note: See 180 Attachment 3, Figure 9B-4, included
with this chapter.
(e)
Parking facilities shall be landscaped to facilitate traffic
channelization and control, to promote pedestrian safety, to minimize
heat and glare, to increase the supply of oxygen and manage stormwater
runoff. (See examples of parking area/lot landscaping in Zoning Attachment
II-C, Off-Site Parking Facilities Landscape Diagrams.[2]) Native plants, shrubs and trees properly suited to the
environment should be employed in landscaping. Medium (greater than
30 feet in height) and large deciduous trees (50 feet or higher in
height) are preferred.
[2]
Editor's Note: See 180 Attachment 3.1, included with this
chapter.
(f)
Each application for site plan review shall provide a landscaping
plan that identifies features such as strips, islands, perimeter strips
or similar features.
(g)
Parking facilities shall be properly screened from adjacent
properties by a fence, wall, berm, landscaping or some combination
thereof which obscures, from horizontal view, the parking facility.
Good site lines at driveways or interconnecting roadways will be maintained
to promote the public's health, safety and welfare.
(h)
Roads that interconnect adjacent parking areas/lots shall be
encouraged at every opportunity to relieve traffic congestion on major
Village thoroughfares.
(i)
Lighting used to illuminate off-street parking areas/lots shall
comply with Dark-Sky lighting standards and be located, shielded and
directed upon the area or lot in a manner that minimizes backlight
(light trespass), uplighting (artificial glow) and glare and does
not interfere with adjacent property owners or with street traffic.
(10)
Restaurants, bars and eating and drinking establishments:
one parking space for the equivalent of every full-time employee,
plus one space for every four seats.
(11)
Industrial, wholesale, bulky retail warehouse,
storage, freight and trucking uses: one parking space for every motor
vehicle used directly in the business, plus one space for the equivalent
of every full-time employee, plus one space for every 500 square feet
of business area.
(12)
Unspecified uses: as required by the Planning
Board, Board of Appeals or Board of Trustees, as is appropriate, in
the course of any site plan, special use/appeal or planned unit development
review.
D.
Additional parking and loading requirements.
(1)
A required driveway shall be a minimum of 10 feet wide and no greater than 20 feet wide. Existing driveways may be surfaced or reconstructed to within six inches of an adjoining property line but may not drain on an adjoining property. A new construction driveway may be built to within three feet of an adjoining property line but may not drain on an adjoining property. No driveway shall be designed to provide more than two parking spaces side by side or more than a total of four resident vehicles in the front yard portion of said driveway, which must meet specifications outlined in the definition of "driveway" in § 180-4B. Only one such driveway (per property) shall be allowed unless a permit for a second driveway is granted by the Planning Board under the site plan approval process.
(2)
Every building hereafter erected or occupied for the
purpose of business or industry shall provide adequate space for the
loading and unloading of vehicles off the street, as determined by
the Planning Board, Board of Appeals or Board of Trustees, as is appropriate,
in the course of any site plan, special use/appeal or planned unit
development review.
(3)
In the Central Area (Overlay) District, the Planning
Board, the Board of Appeals or the Board of Trustees may modify the
off-street parking and loading requirements for any use if it finds
that the above required spaces are not appropriate in the course of
any site plan, special use/appeal or planned unit development review.
This provision is intended to recognize the fact that, in the central
business area, parking areas can be used to serve two or more individual
uses without conflict because hours of operation for different uses
vary. In considering a request to modify the parking requirements
for a central business district use, the respective Board(s) shall
use as a guideline the parking standards developed in the 1984 Village
of Potsdam Downtown Parking Study (See the 1984-1985 General Development
Plan, Appendix A, page 4)[4] and shall consider the existing parking supply/demand
in the area surrounding the proposed use. Parking spaces for any number
of separate uses may be combined in one parking lot, but the required
space assigned to one use may not be assigned to another at the same
time, except upon approval of the Planning Board, Board of Appeals
or Board of Trustees, as is appropriate.
[4]
Editor's Note: The study and plan are on file
in the village offices.
(4)
The parking of motor vehicles is prohibited in any front yard as defined in § 180-4 in all zoning districts in the Village of Potsdam unless a parking space or vehicle is located in a designated driveway conforming to the provision of this chapter, except for retail motor vehicle sales lots located in the B-1, or commercial land uses in the Aviation and Industrial, Zoning Districts.
[Amended 8-16-2021 by L.L. No. 4-2021]
E.
Parking overload. Notwithstanding the above requirements,
an observed overload of parking which causes spillover onto neighboring
properties or road rights-of-way shall constitute a violation of these
regulations.
F.
The construction of structures designed and intended to accommodate the parking of motor vehicles of any kind in a front yard as defined in § 180-4 is prohibited in all of the Village of Potsdam's zoning districts except for commercial land uses in the Aviation and Industrial Zoning Districts and retail motor vehicle sales lots located in the B-1 Zoning District.
[Added 8-16-2021 by L.L. No. 4-2021]
A.
Purpose. The objective of this section is to regulate
existing and proposed signs in order to create a more attractive and
prosperous business climate, enhance and protect the physical appearance
of the community, preserve the visual character of the village and
reduce sign distractions and obstructions that may pose a vehicular
or pedestrian traffic hazard.
B.
General requirements. The following general requirements
shall apply to all signs:
(1)
Construction and maintenance.
(a)
All signs shall be constructed of durable material,
maintained in good condition and not allowed to become dilapidated
or in a state of disrepair. Any sign no longer maintained in a satisfactory
state of repair shall be improved to a satisfactory condition as determined
by the Code Enforcement Official and reviewed by the Planning Board
or removed within 30 days from the date of notification that such
a sign has been found in disrepair.
(b)
Any sign no longer maintained for a business,
service or activity no longer in existence at that location shall
be removed within 30 days from the date of the discontinuation of
the business, service or activity. It shall be the responsibility
of the property owner to remove such sign if the business fails to
comply.
(c)
In case of a business relocation within the
village limits, a temporary sign indicating the new location may be
displayed for up to 60 days. A temporary permit for such sign shall
be obtained from the Code Enforcement Official.
(d)
Any wall, surface or other area from which any
sign is removed shall be restored so that no remnant of the sign is
visible.
(e)
The back or reverse side of a single-faced sign
visible from any public right-of-way shall be finished in an appropriate
manner which shall include a backing consistent with the face in terms
of materials and finish and the covering of all structural members
of the sign as may be deemed appropriate.
(f)
All construction fixtures, wiring and installation
shall conform to the New York State Uniform Fire Prevention and Building
Code, where applicable.
(g)
All wiring to freestanding signs shall be underground,
and all transformers or other installations shall be located and screened
to the satisfaction of the Planning Board in accord with its review
of the sign permit and/or site plan.
(i)
Signs shall be designed and installed so as
to provide for maximum public safety.
(2)
Location. Every sign shall be so designed and located
as not to physically or visually impair vehicular or pedestrian traffic
by design, illumination, color or placement. In particular, no sign
shall:
(3)
Illumination.
(a)
Any sign illumination shall not be directed
toward any public street or adjacent uses in a manner that would interfere
with safe travel on the street or the useful enjoyment of abutting
properties.
(b)
No lights or string of lights will be used for
the purpose of advertising, displaying or otherwise attracting attention
to the premises when not part of a sign or approved street or outdoor
lighting.
(c)
No moving, flashing, rotating, animated, or
otherwise nonstationary or intermittently lighted sign shall be permitted,
except time-and-temperature signs, the intermittently lighted portion
of which shall contain no commercial message, and standard barber
poles that denote the location of a barbershop.
[Amended 7-20-2006 by L.L. No. 4-2006]
(d)
Neon shall be permitted for use in window signs
only and shall be further limited so as not to exceed 20% of the size
of the window. [In other words, if a window measures 40 square feet,
a neon sign in this instance will be limited to eight square feet.]
A neon sign advertising the name of a business will constitute one
of the permissible signs for that establishment.
(e)
Illumination shall not contain more than four
colors, and all colors shall be static.
[Added 7-20-2006 by L.L. No. 4-2006]
(4)
Sign type requirements. In addition to the above-identified requirements for all signs and those stipulated in Subsection D for the respective zoning districts, the following requirements shall apply to the individual types of signs:
(a)
Freestanding signs. A freestanding sign shall
not be more than 24 feet in height as measured at the edge of the
road surface on which it fronts or 20 feet as measured from ground
level at the base of the sign, whichever shall permit the greater
height. Such sign shall be a minimum of 20 feet from any street line
and 10 feet from any other lot line. Every freestanding sign placed
within 30 feet of the curbline of intersecting streets and driveways
shall have an open space of at least eight feet from the ground to
the base of the sign. A freestanding sign which is more than 40 square
feet in area shall not be closer than 100 feet to any other freestanding
sign more than 40 square feet in size.
(b)
Wall signs. A wall sign shall be attached to
the wall or face of the building and shall not project more than one
foot from such wall or face. A wall sign shall not exceed 40% of the
signable area of the building facade, which is that area from the
exterior ground level to the roofline, excluding windows, doors and
major architectural detail.
(c)
Window signs. A "window sign" is defined as
a sign painted in the window or one hung in the window and shall not
exceed 50% of the area of the window in which it is displayed. A window
sign will constitute one of the permissible signs for that establishment.
[Amended 9-21-1992 by L.L. No. 8-1992]
(e)
Projecting signs.
[Amended 9-20-2004 by L.L. No. 12-2004]
[1]
Projecting signs in the B-1 Central Overlay
Area. Projecting (overhanging) signs shall be permitted per the following
conditions:
[a]
Size and location. Signs shall
be no more than six square feet in size, and shall not project from
the primary facade of the building more than 36 inches, including
the bracket. Signs shall have a minimum clearance from the sidewalk
of eight feet, with the maximum bottom height to be no more than ten
feet above the sidewalk. Signs shall be at least one inch in thickness,
but not more than six inches. Projecting signs on corner buildings
are to be located on the primary facade of the building, and shall
be perpendicular to the building (i.e., not projecting outward from
the corner). The Planning Board shall have discretion in regard to
the location of the sign on the facade so as to minimize interference
with signs on other storefronts and for the preservation of historic
materials and facades.
[b]
Attachments and brackets. Signs
are to be attached in a manner that is protective of the construction
of historic buildings, with all metal attachments and hardware painted
black. A mounting plan shall be submitted to the Code Enforcement
Officer. Installation of the sign should not result in irreversible
damage to the facade of the building. Removal of any historic material
or features shall require the approval of the Planning Board.
[c]
Materials, design and coloration.
Signs shall be wooden or cast metal, with lettering to be of professional
quality. The background shall be of earth colors. A minimum of three
colors are to be used; fluorescent colors are not permitted. Designs
which connote or describe the business are to be encouraged (for example,
a sign shaped like a cup for a coffee shop), but must meet the size
requirement, defined as fitting within a rectangle of no more than
six square feet in size. No corporate or other logos or trademark
names shall be allowed, other than those directly related to the name
of the business.
[d]
Lighting: external lighting of
signs only, without the use of exposed conduit on the facade of the
building. No neon is to be allowed.
[e]
Number of projecting signs. Each
business is limited to one projecting sign per storefront. In the
case of a basement or upper-story business, the sign shall be placed
over the primary street entrance, and only one sign shall be allowed,
regardless of the number of basement or upper-story businesses, although
multiple businesses may be named on the sign. In the case of multiple
businesses per sign, each shall be limited to 1 1/2 square feet
of size per business, up to the total of six square feet allowed.
[f]
Total signage. A projecting sign shall count as one of the three signs allowed per business per § 180-23. Businesses using a projecting sign shall not be allowed to also have a sandwich board sign, advertising flag, or canopy sign.
[g]
Approval. Projecting signs shall
not be allowed in the B-1 Overlay District without a permit from the
Planning Board and without proof of liability insurance. All projecting
signs shall be annually registered with the Code Enforcement Officer,
who will annually inspect the signs for conformity to the Code and
for maintenance and safety.
[2]
Projecting signs in the B-1 (other than Central
Overlay Area), BLI, BLI-2 and industrial areas. Projecting (overhanging)
signs shall be permitted per the following conditions:
[a]
A projecting sign shall have a
clear distance from the sidewalk or ground level of at least 10 feet
and may project no more than four feet from the building facade and
requires review by the Planning Board.
[b]
No projecting sign shall be allowed
without a permit, review by the Planning Board and proof of liability
insurance.
[c]
Projecting signs shall be annually
registered with the Code Enforcement Officer, who will annually inspect
the signs for conformity to the Code and for maintenance and safety.
(f)
Double-faced sign. A sign which is designed
to be viewed from two directions and which two faces are not more
than three feet apart at any point and are either parallel or at not
more than a thirty-degree angle to one another shall be considered
to be one sign for the purpose of determining the allowable number
of signs. Only one face, the larger of the two if they are different
in size, shall be measured to determine the allowable sign area.
(g)
Banners, mobiles, moving signs, strings of lights.
(h)
Multitenant listing signs.
[1]
A multitenant listing sign must be made of materials
appropriate to the CA (Overlay) District and compatible in design
and color with other principal signs in the area.
[2]
A multitenant listing sign must be solidly affixed
to a flat, exterior wall or surface, and its width must allow for
side margins or borders of not less than three inches.
(i)
Changeable copy or reader board signs.
[Amended 7-20-2006 by L.L. No. 4-2006]
[1]
A reader board sign must be a component of a principal freestanding sign and is allowed in the Business and Industrial Districts (B-1, IND) outside the Central Area (Overlay) District (CA). The reader board sign, typically used to display products and price changes and to announce special promotions, is subject to all the restrictions governing freestanding signs [Subsection B (4) (a)], double-faced signs [Subsection B (4) (f)] and size, location and other requirements as stated in this section. Electronic reader board signs shall be limited to text, and the message must not change more than eight times per day.
[2]
Building-mounted changeable signs are allowed
with the following conditions: Their size is limited to the business’
allowed second sign, the display shall be limited to text and the
message must not change more than eight times per day. Such signs
are allowed only in the Business and Industrial Districts (B-1, IND)
outside the Central Area (Overlay) District (CA).
(j)
Canopy signs. Canopies and canopy signs are
permissible in the Business and Industrial Districts (B-1, IND), subject
to the following restrictions:
(k)
Permanent advertising signs. Nothing in this
section shall prohibit a business establishment from incorporating
the generic name or commercial name, logo or trademark of a product
sold in that establishment into the permanent principal or accessory
sign. However, each establishment will be strictly limited to displaying
no more than two permanent product advertising signs that can contain
slogans, in addition to the approved business signage. Furthermore,
these permanent advertising signs shall:
(l)
Sandwich board signs. Each business shall be
allowed one moveable sandwich board sign per the following conditions:
[Added 9-21-1998 by L.L. No. 6-1998]
[1]
Each sign shall not exceed two feet wide by
three feet high and shall be professionally constructed and painted
and shall be kept in good condition.
[2]
The sign shall be maintained properly and positioned
so as not to create a danger or inconvenience to pedestrians or drivers.
[3]
The sign may be displayed only during the hours
the business is open and shall be removed during periods when snow
removal is required, accepting responsibility for all damages that
occur to the sign.
[4]
Applications for sandwich board sign permits
shall be submitted to the Code Enforcement Officer, with the Planning
Board to review and approve the application based on the above conditions.
[5]
Sign owners accept total responsibility for
any and all injuries that may occur as a result of the use of temporary
signs.
(m)
Flags used for advertising or business promotion. Each business shall be allowed one flag to hang perpendicular to the building facade from a fixture on the business as a means of advertising the business. Flags considered exempt signs (Subsection C) do not apply to this section. Advertising flags shall be approved by the Planning Board subject to the following conditions:
[Added 9-21-1998 by L.L. No. 6-1998]
[1]
The flag shall be no larger than four feet by
six feet.
[2]
The lowest point of the flag shall be of sufficient
height not to obstruct or interfere with pedestrian or vehicular traffic.
[3]
The flag will not display the name of the business
but may contain a symbol or other decoration representative of the
business.
[4]
Flags shall be professionally made and kept
in good condition.
(n)
Banners. Banners used for advertising and business
promotion. Businesses located in B-1, B-2, BLI, BLI-2 or industrial
districts shall be allowed to use banners on premises per the following
conditions:
[Added 6-7-2004 by L.L. No. 5-2004]
[1]
Businesses will be required to obtain a permit
from the Code Enforcement Office prior to hanging a banner. A separate
permit is required each time a banner is used. The Village Board shall,
by resolution, set any fees deemed to be appropriate for a banner
permit.
[2]
Time allowed for banners. Each business will
be allowed five banner permits per year, with the banner allowed for
a duration of not more than three weeks; i.e., banners can be displayed
for a total of fifteen weeks per year per business. Permits can be
obtained consecutively, but each three-week period requires a separate
permit.
[3]
Size and number of banners. For businesses within
150 feet of a major street, the business will be allowed one square
foot of banner area per linear foot of building storefront along the
side of the major street, up to a maximum of forty square feet. For
businesses more than 150 feet from a major street, a banner will be
allowed 1.5 square feet of banner size per linear foot, up to a maximum
of 80 square feet. Businesses will be allowed, at any given time,
no more than two banners, with the sum of the square footage of the
two banners not to exceed the maximum allowed for a single banner
(i.e., two banners equal to a total of one square foot per linear
foot of the business frontage, up to forty square feet in size, shall
be allowed for businesses within 150 feet of a major street).
[4]
Nonprofit and community events. Banners announcing
a community event or nonprofit event or service are allowed off premises,
with a permit. Each permit will be for a three-week period. However,
the restriction on five banner permits per year does not apply for
nonprofit event or service banners.
[5]
Banners shall be installed in such a manner
as to avoid a nuisance condition or a hazard to the general public
and to adjacent property owners.
(o)
Not-for-profit and community events may be advertised
on wall-mounted signs or posters within the B-1 Central Overlay District
subject to the following conditions:
[Added 7-20-2006 by L.L. No. 5-2006]
[1]
Off-premises wall signs may be no larger than
15 square feet in size.
[2]
The applicant for a permit must file a copy
of his/her U.S. Internal Revenue Service advance or final ruling of
tax exempt status with his/her application to the Code Enforcement
Officer for a sign permit.
[3]
Each wall sign or poster shall be enclosed in
a sign frame that protects the poster from the elements. The property
owner must furnish the Code Enforcement Officer with evidence that
the sign frame and lighting fixture, if any, are fully compliant with
U.S. Secretary of the Interior’s Standards for the Rehabilitation
of Historic Structures and that it shall be fastened in such a way
so as not to cause physical damage to National Register listed buildings.
Additionally, the sign frame and lighting must comply with the New
York State Building Code.
[4]
The property owner must file an affidavit with
the Code Enforcement Officer that he/she is not financially benefitting
from the advertising of a not-for-profit community event through a
cash transaction, in-kind service or gift, tickets to events or other
financial inducements.
[5]
No more than one sign may be posted on any single
building at any one time. Not-for-profit organizations may use only
one wall sign location within the B-1 Central Overlay District at
any given time.
[6]
Wall-mounted signs may not be displayed for
more than 30 days and must be removed within 48 hours after the event
has taken place.
[7]
Property owners hosting an off-premises wall-mounted
sign shall not be required to decrease the square footage of signs
advertising their business as a result of participation in a not-for-profit
advertising campaign.
[8]
Not-for-profit organizations are permitted to display banners or signs at their primary business locations as set forth in § 180-23B(4).
C.
Exempt signs.
[Amended 9-21-1992 by L.L. No. 8-1992]
(1)
Exempt signs shall comply with § 180-23B(4)(c), shall not require a permit and shall be as follows:
(a)
Flags, emblems, names or insignia of nations, municipalities, tax-exempt service organization names or schools may be displayed in any district without a permit. Fraternity or sorority and other social organization signs require a permit and are subject to the restrictions detailed in Subsection D(1)(b) of this section.
(2)
Temporary signs.
(a)
All temporary noncommercial signs expressing
a political, personal, or religious view shall be exempt from permitting
in this Code. Temporary noncommercial signs may be erected 30 days
prior to and shall be removed five days from the date relating to
the original purpose. No such sign shall be attached to any building
face, fence, traffic sign post, utility pole, tree or any natural
feature of landscape. Temporary noncommercial signs may not exceed
six square feet in size and cannot be placed within a Village, state,
or federal highway right-of-way.
[Amended 8-18-2008 by L.L. No. 3-2008]
(a.1)
Temporary window signs in the B-1 and B-1 Central
Area District shall not require a permit provided that they are placed
not more than 30 days prior to, and are removed 15 days after, the
date or range of dates relating to the original purpose, and that
the total sign area of any window does not exceed 50% of the window
area. Said temporary signs may not exceed 16 inches by 20 inches in
size.
[Added 1-4-2010 by L.L. No. 1-2010]
(b)
All other temporary signs shall require a permit
and shall be as follows:
[1]
All temporary signs shall be placed not to exceed
30 days prior to and removed 15 days from the date relating to the
original purpose. No such sign shall be attached to any building face,
fence, traffic signpost, utility pole, tree or any natural feature
of landscape.
[2]
A window sign in excess of 50% of individual
window coverage shall be considered a temporary sign and shall require
a permit.
D.
District requirements. In addition to the above-identified
general requirements for all signs, the following requirements shall
pertain to signs located in the respective zoning districts according
to the following:
(1)
Residential. In residential districts (R-1, R-2, R-3
and R-4) or for residences in other districts, the following signs
are permitted when located on the same lot as the principal use:
(a)
One sign, either attached or freestanding, indicating
only the name of the owner or occupant and the street number, not
to exceed two square feet in area. This does not include a mailbox
sign and requires no sign permit.
(b)
One attached sign identifying an organization
residing within a group dwelling, not to exceed 12 square feet. Such
sign requires a sign permit.
(c)
One attached sign identifying a home occupation
or professional residence-office permitted in the applicable residential
district, not to exceed 12 square feet in area. Such sign requires
a sign permit.
(d)
One sign identifying any nonresidential building
or use permitted in the applicable residential district, not to exceed
12 square feet in area.
(e)
On any premises, the following:
[1]
Up to two but not more than two temporary unlighted
real estate signs not larger than six square feet in area, advertising
the sale, rental or lease of the premises or subdivision on which
they are erected.
[2]
One but not more than one temporary unlighted
sign not larger than 25 square feet indicating the name and address
of the parties involved in construction on the premises.
[3]
For a development of two or more lots or dwelling
units, a real estate sign not larger than 25 square feet at each visible
street entrance to the development from a prior existing street.
(f)
One memorial sign or tablet up to six square
feet indicating the name of the building and/or the date of erection.
Such sign or tablet requires no sign permit.
(2)
Business and light industrial, business and industrial. In Business and Light Industrial, Business and Industrial Districts (BLI, B-1 and IND) a maximum of three signs shall be located at any one time on any single business or industrial premise, excepting any parking or directional sign(s) provided for under Subsection D(2)(f) below. A window sign will constitute one of the three signs. The following signs are permitted:
[Amended 2-21-1994 by L.L. No. 5-1994]
(a)
The appropriate signs allowed for in the residential districts, where applicable and according to the restrictions identified in Subsection D(1) above.
(b)
One principal business sign per separate and
distinct business establishment, the total area of which shall not
exceed one square foot for each one linear foot of single building
frontage, except that no such principal business sign shall exceed
a maximum of 80 square feet in area.
(c)
When more than one separate and distinct business
or profession occupies a single building, whether on the same or separate
floors, the total allowable sign size shall be based on the linear
frontage of the building and may be combined in one or more principal
signs so long as the total allowable sign area for the building is
not exceeded, as is preferred by the applicant and determined satisfactory
by the Planning Board under the site plan review process.
(d)
One accessory business sign per each permitted principal business sign, not to exceed 50% of the size of the area of a permitted principal business sign. This sign can be located in the largest window, not to exceed 50% of that area [refer to Subsection B(4)(c)].
(e)
A third business sign, not to exceed 30% of
the size of the area of a permitted principal business sign, may be
permitted and can only be located on the side of a building which
has more than one exposed face or in the rear of a building.
(f)
On-premises "parking," "entrance" or other directional
signs may be permitted as applied for and approved by the Planning
Board.
(g)
Two additional business signs not to exceed
four square feet in area may be permitted and can only be located
on the sides at a canopy located over gasoline pumps at a service
station or convenience store. Such signs may only bear the identification
of the petroleum company (e.g., "Citgo," "Sunoco") under whose brand
gasoline sold at the location is marketed.
(h)
Primary wall signs. Primary wall signs for businesses
having a minimum of 150 feet of front yard setback from the public
right-of-way of the major street shall be allowed per the following
specifications:
[Added 9-21-1998 by L.L. No. 6-1998]
[1]
Business frontage widths measuring from 12 linear
feet to a maximum of 40 linear feet shall be allowed up to two square
feet of sign face per linear foot of frontage.
[2]
Business fronts with widths measuring from greater
than 40 linear feet to 80 linear feet shall be allowed 1.5 square
feet of sign face per linear foot of frontage.
[3]
Business front widths measuring greater than
80 linear feet up to 100 linear feet shall be allowed 1.25 square
feet of sign face per linear foot of frontage.
[4]
Business front widths measuring more than 100
linear feet shall be allowed 1.25 square feet of sign face per linear
foot of frontage to a maximum of 180 square feet.
(i)
For multitenant buildings or multitenant commercial/industrial
parks areas or other commercial or industrial developments served
by a common driveway or street (but not retail shopping centers),
one off-premises sign shall be allowed listing the names of the businesses
in the building or the park. The sign may include the names of individual
businesses, without additional advertisements, with individual company
names not to exceed an area formed by a six-square-foot rectangle.
Such signs are to be located in a manner that promotes vehicle and
pedestrian safety. The Planning Board shall review all applications
for installation of multitenant signs.
[Added 9-20-2004 by L.L. No. 10-2004]
|
(2.1)
|
Light Business District (B-2). The following
signs shall be permitted:
[Added 12-19-1994 by L.L. No. 12-1994; amended 4-20-1995 by L.L. No. 5-1995] | |
|
(a)
|
The appropriate signs allowed for in the residential districts, where applicable and according to the restrictions identified in Subsection D(1) above.
| |
|
(b)
|
One fifteen-square-foot sign per lot for a single
business or, if multiple businesses, a maximum of 20 square feet.
No illumination shall be allowed past normal business hours.
| |
(3)
Other districts. In the Institutional and College
(SCH), Natural Conservation (NC) and Planned Unit Development (PUD)
Districts, the following signs are permitted:
(a)
The appropriate signs allowed for in the residential districts where applicable and according to the restrictions identified in Subsection D(1) above.
(b)
Such other sign or signs of a type, size, location
and number as the Planning Board shall determine necessary and appropriate
in the course of its site plan review for any new or expanded use
or for any additional or altered sign in these zoning districts.
(4)
B-1 Central Overlay District, off-premises directional
signage.
[Added 9-20-2004 by L.L. No. 11-2004]
(a)
The purpose of this subsection is to allow for
limited, pedestrian-oriented, directional signage for businesses located
off of primary business streets in the B-1 Central Business (overlay)
District. The purpose is not to provide signage for businesses on
primary business streets, home-based businesses, or other businesses
outside of the Central Overlay District. The signs will be installed
on a post or other device owned by the Village of Potsdam or the Village's
designated agent. In order to provide for a uniform approach and aesthetics,
all signage shall meet specifications necessary for installation,
including:
[1]
Primary business streets. For the purposes of
this subsection, the portions of the following streets located in
the B-1 Central Overlay Area shall be considered primary business
streets: Elm, Main, Maple and Market, Businesses with access to these
streets shall not be eligible for off-premises directional signage.
[Amended 7-21-2005 by L.L. No. 4-2005]
[2]
Signage shall be installed on poles or other
devices owned by the Village or an agent designated by the Village
Board.
[3]
Each business shall be allowed one off-premises
directional sign. Buildings containing over four businesses (such
as shopping centers) may be identified as such ("XYZ Shopping Center")
at more than one location, so long as each location involves a direct
means of reaching the building along Village streets, with approval
of the Planning Board.
[4]
In order to have uniform, standard signage,
directional signage shall be of dimension, color and materials as
set by the Village Board based on a recommendation of the Planning
Board, but in no case will signs for individual businesses be greater
than 144 square inches.
[Amended 7-21-2005 by L.L. No. 4-2005]
[5]
In locations where the number of businesses
desiring signage exceeds the practical space available on a pole or
other device designated for signage, the Village Board shall allocate
space based on a system set by the Board.
[6]
The Village shall be responsible for the cost
of installing and removing off-premises directional signage. The participating
businesses shall be responsible for the purchase and maintenance of
such signs in coordination with the Village.
[Amended 7-21-2005 by L.L. No. 4-2005]
[7]
The directional signs shall consist only of
the name of the business and a business logo.
(b)
Off-premise signs. Except as permitted in this subsection, and in § 180-23D(2), off-premises business and advertising signs shall not be permitted in the Village.
E.
Administration.
(1)
Permits. All signs, except those specifically exempted in this section or those undergoing minor modifications, per § 180-23E(1)(a), shall require a sign permit and shall be subject to review and approval by the Planning Board prior to their erection or alteration.
[Amended 9-21-1998 by L.L. No. 6-1998]
(a)
Signs undergoing only minor modifications, not involving the size, shape, position, direction, scale or general design, shall be administratively approved by the Code Enforcement Officer and no further review of the sign application shall be required. Sign alterations determined by the Code Enforcement Officer not to be a minor alteration shall be submitted to the Planning Board for review, per § 180-32.
(b)
Sign applications for businesses located outside
the Central Overlay District, which otherwise meet the relevant criteria
for signs per this section, shall be administratively approved by
the Code Enforcement Officer, with no further review of the application
necessary.
(2)
Design guidelines. In addition to the specific requirements
regarding number, size, location, etc., outlined above in this section,
all proposed signs must comply with the following design guidelines.
The Planning Board shall determine compliance with the design guidelines
as part of the process of site plan review.
(a)
The sign scale is appropriate in relation to
development scale, viewer distance and travel speed and sign sizes
on nearby structures.
(b)
The sign size, shape and placement serve to
define or enhance such architectural elements of the building as columns,
sill lines, cornices and roof edges and not to interrupt, obscure
or hide them.
(c)
The sign design is not wholly discontinuous
with other signage on the same or adjacent structures, providing continuity
in mounting location and height, proportions, materials or other important
qualities.
(d)
The sign materials, colors, lettering style
and form are compatible with the building design and use.
(e)
The sign content doesn't overcrowd the background
[normally not exceeding 40% of background area].
(f)
The sign legibility isn't impaired by excessive
complexity, multiple lettering styles or colors or other distracting
elements.
(g)
The signs do not contain selling slogans, product
descriptions, help-wanted notices or other advertising which is not
an integral part of the name or other identification of the location
or the enterprise.
F.
Registration of existing signs. In order to record
existing signs in relation to the requirements of this section, the
process set forth below is hereby established:
(1)
The Planning Board, at its discretion, shall record
and register existing signs in the village. Each business, service
or profession with existing sign(s) may be photographed, and the number,
location and size of said signage shall be recorded.
(2)
The Planning Board shall review existing signage for
each use and determine whether or not the signs meet the requirements
of the current Village Zoning Regulations and shall authorize issuance
of a certificate of registration for each business, service or professional
establishment reviewed. Such certificate shall stipulate the approved
number, location, size, arrangement and any other requirements established
by the current regulations. Where any existing sign does not meet
the requirements of those regulations, the certificate will so note,
and such sign shall be deemed to be a nonconforming sign.
(3)
The Planning Board shall notify, in writing, the owner
or tenant of each business, service or profession whose signs have
been determined to be nonconforming. Such written notification shall
describe the nature of the nonconformity and shall stipulate the approved
number, location, size, arrangement and any other requirements which
must be met to bring the signage into compliance with the current
regulations.
(4)
Within 30 days of written notification, the owner
of each business, service or profession with a nonconforming sign
or a person duly designated to act on his behalf shall either remove,
alter or replace such sign(s) in conformity with the standards set
forth in the current regulations or, alternatively, the owner or his
designee may elect to meet with the Planning Board to discuss an appropriate
remedy for the nonconformity within 45 days. If an owner elects to
consult with the Planning Board, such meeting shall take place within
60 days of notification of the nonconformity. All nonconforming signs
shall subsequently be removed, altered or replaced within 30 days
of the date of the meeting with the Planning Board. No nonconforming
sign shall be replaced, added to or enlarged except in compliance
with the current regulations.
(5)
Failure to comply with the procedures set forth in
this section within the time frames indicated shall constitute a violation
of these regulations.
A.
Purpose. The objective of this section is to provide
the necessary consideration to those physical and visual elements
of the village, scape that require or may be improved by treatment
of the landform, plant materials and man-made constructions arranged
so as to improve the appearance, screen or effectively separate different
types of land use.
B.
Procedure. Landscape requirements shall be determined
by the Planning Board, Board of Appeals or Board of Trustees, as is
appropriate, in the course of their respective reviews of any site
plan, special use or planned unit development.
C.
Landscape techniques. The particular type of landscape
treatment required shall be determined by the respective village body
responsible for such review according to the following major types
of treatment:
(1)
Visual separation, including earth-mounding and screen-planting
techniques designed to obscure or soften an unattractive or incompatible
view.
(2)
Visual setting, including ground cover and plant materials
designed to stabilize the landform and provide an appropriate foreground
or setting.
(3)
Physical separation, including a combination of plant
and man-made materials designed to separate distinct land use types
or activities.
D.
Applicable standards. In the application of this section,
the responsible village body shall use the following standards:
(1)
Where any land use in nonresidential districts abuts
land in any residential district, a strip of land at least 25 feet
in width shall be maintained as an open landscaped area in the front
yard, side yards and rear yard which adjoin these other districts.
Such dimension may be part of the required minimum yard dimensions
and is not in addition to the minimum yard dimensions.
(2)
Where any nonresidential land use within a residential
district abuts any residential use, a strip of land at least 15 feet
in width shall be maintained as an open landscaped area in the front
yard, side yards and rear yard which adjoin these uses. Such dimension
may be part of the required minimum yard dimensions and is not in
addition to the minimum yard dimensions.
(3)
Landscaping required to be installed and maintained
in front, side and rear yards shall take the form of shade trees,
deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
Plant materials of the type, size and number as are appropriate to
the purpose and size of the area under consideration shall be determined
by the responsible village body. All disturbed soil areas shall be
replanted or reseeded in an appropriate fashion and shall be maintained
in a healthy growing condition.
(4)
No landscape feature, including any fence, wall or
solid screen planting more than three feet in height, shall be erected,
placed or maintained within the required minimum front yard which
obstructs visibility in such a manner as to interfere with the safe
movement of vehicular traffic.
See Chapter 110, Housing Standards, of the Village Municipal Code, § 110-44, for permit requirements to operate an existing mobile home court.
A.
It shall be unlawful for any person to locate a mobile
home on any public or private property, except in accordance with
these regulations as follows:
(1)
In an approved mobile home park.
(2)
In an approved mobile home sales lot.
(3)
Upon review and authorization by the Planning Board
under the provisions of the site plan review process to permit a mobile
home to be located on the construction site of a new residence for
a period not to exceed six months.
B.
Registration of existing mobile home parks. In order
to record the number, arrangement and accommodation for individual
mobile homes in existing mobile home parks, the process set forth
below is hereby established:
(1)
Within six months from the effective date of these
regulations, the owner or a person duly designated, in writing, to
act on his behalf of every mobile home park shall make application
under the provisions of this section for a certificate of registration
to denote the approved number, arrangement and accommodation for all
mobile homes within the park.
(2)
Such application shall include those items of information required under § 180-32, Site plan review, and the review of said application by the Planning Board shall be in accord with the provisions of the site plan review process and the standards of § 180-31E(4).
(3)
The Planning Board shall authorize the issuance of
a certificate of registration under and according to the provisions
of this section within six months from the date of application.
(4)
Any certificate of registration issued hereunder shall denote the approved number, arrangement and accommodation for mobile homes within the park and any other conditions or requirements related to the mobile home park provisions of these regulations and Chapter 110, Housing Standards, of the Village Municipal Code; and thereafter, operation of the premises shall be in accord with the conditions and stipulations of the certificate of registration.
(5)
Any addition, relocation or other change either in
the number of approved mobile homes in the park or to the provisions
for the existing mobile homes shall require a new application for
a certificate of registration, which shall be considered on the same
basis as an initial application.
(6)
A certificate of registration, once issued, shall
be valid for a period of two years from its date of issuance. six
months prior to its expiration date, an application will be filed
for its renewal for a subsequent period of two years.
(7)
Failure to apply for an initial certificate of registration
within six months from the effective date of these regulations, failure
to receive a certificate of registration within 12 months from this
same effective date or failure to comply in every regard with the
conditions and stipulations of a certificate of registration once
issued shall constitute a violation of these regulations.
In all districts, the following performance
standards shall be met. The Planning Board, upon request of the Code
Enforcement Official and according to the site plan review process,
shall determine whether the proposed or existing uses meet the standards.
In all districts, uses are not permitted which do not comply with
any applicable state or federal requirements or which are characterized
by any of the following as measured at the individual property line:
B.
Emitting any odor which is considered offensive.
C.
Emitting dust or dirt which is considered offensive.
D.
Emitting any smoke in excess of Ringelmann Smoke Chart
No. 2.
E.
Emitting any noxious gases which endanger the health,
comfort, safety or welfare of any person or which have a tendency
to cause injury or damage to property, business or vegetation.
F.
Lighting or signs which create glare which could impair
the vision of a driver of any motor vehicle.
G.
Causing a fire, explosion or safety hazard.
H.
Causing harmful wastes to be discharged into the sewer
system, river or other bodies of water or onto the land except in
an approved landfill.
In all districts, the following uses are prohibited:
A.
Smelters.
B.
Blast furnaces.
C.
Slaughterhouses.
D.
Rendering plants.
E.
Hide tanning or curing plants.
F.
The manufacture or processing of fertilizer, bone,
rubber, asphalt, ammonia or chlorine.
G.
The manufacture or refining of petroleum, gas or explosives.
H.
Bulk storage of explosives.
I.
The dumping of refuse and waste material, including
junkyards, except in a municipally operated sanitary landfill.
J.
Mining and topsoil mining/excavation, meaning the
sale of soil, fill, gravel or other material from a parcel, unless
such material is incidental from the construction of a building or
site development with a building permit.
[Added 12-15-2003 by L.L. No. 9-2003]
K.
Outdoor wood- and/or refuse-burning furnaces. The
use of outdoor wood- and/or refuse-burning furnaces, meaning an accessory
structure designed and intended for use through the burning of wood
or refuse for the purpose of heating the principal structure or any
other site, building, or structure on the premises, shall be prohibited.
Wood stoves or fireplaces used to heat a building in which they are
located are exempt. Furnaces regulated under a New York State issued
air quality permit and used for institutional, commercial or industrial
operations in appropriately zoned locations shall also be exempt.
[Added 8-16-2004 by L.L. No. 7-2004]
A.
A building/use permit may be issued on a temporary
basis by the Code Enforcement Official for a period not exceeding
six months for incidental uses not otherwise permitted as follows:
B.
Such permit shall be conditioned upon agreement by
the applicant to remove the structure or use upon expiration of a
period not to exceed six months.
D.
Temporary permits may be extended by the Code Enforcement
Officer for a period not to exceed six months and renewable after
that time upon application.
[Added 5-6-2002 by L.L. No. 11-2002]
A.
Nonconforming lots of record. A permitted building
or use may be constructed or located on any lot of record in any district
even if said lot is less than the minimum area required for said use
in the district in which it is located, provided that the following
conditions exist or are met:
(1)
The owner of said lot owns no adjoining vacant land
which would create a conforming lot if combined with the lot which
is deficient in area; and
(2)
Any structure erected or use located on a nonconforming
lot shall have front, side and rear yards conforming to the minimums
required for the district in which said lot is located, except as
may be otherwise approved by the Board of Appeals as elsewhere provided
for and according to the variance procedures under these regulations.
B.
Nonconforming buildings and uses. The lawful use of
any land or principal or appurtenant structure or use requiring a
permit under these regulations and existing on their effective date
may be continued although such use or structure does not conform to
the provisions of the regulations, and any such use or structure may
be reconstructed, altered or changed in use subject to the following:
(1)
A nonconforming building or use shall not be added
to or enlarged in any way that will increase the nonconforming features
in any manner. The application for any variance from this provision
will subject the owner or applicant to compliance with all other applicable
standards and provisions of these regulations as applied to the entire
site or lot, to include, without limit, special permit requirements
and parking and signage requirements. There shall be a mandatory site
plan review of any improvements proposed in connection with such a
request for variance.
(2)
A nonconforming use may be changed to another nonconforming
use only upon a determination by the Planning Board and Board of Appeals
according to the site plan review and variance processes that such
change represents an improvement to the existing use and its relationship
to adjoining uses in a manner that will further the purposes of these
regulations and the objectives of the Village General Development
Plan (1984-1985), and as such plan may be subsequently amended.
(3)
A nonconforming structure or use of property not involving
a structure, once removed (whether intentionally or unintentionally),
shall not be reintroduced or replaced other than by a conforming structure
or use.
(4)
Whenever a nonconforming use or the use of a nonconforming
structure or lot has been discontinued for a period of one year, any
future use shall be in conformity to the provisions of these regulations.
(5)
A nonconforming structure or use which has been damaged
by fire or other natural causes may not be restored, reconstructed
or used as before without review and approval by the Planning Board
and Board of Appeals according to the site plan review and variance
processes as elsewhere provided for in these regulations. In no case
shall the reconstructed building exceed the bulk, height and area
requirements which existed before said damage. Said restoration must
be completed within 18 months of such occurrence or the use of the
building or land as a legal nonconforming use thereafter shall be
terminated, except as application may be made to the Board of Appeals,
which Board, for due cause shown, may extend the required completion
date for one additional period of 18 months or such lesser period
as the Board may determine necessary.
(6)
Any building or use which has been conclusively initiated
or for which a permit has been lawfully granted and on which construction
has been started and diligently prosecuted before the effective date
of these regulations or their applicable amendment may be completed.
(7)
Nothing in the foregoing shall be interpreted to preclude
the improvement of a nonconforming building or use to a safe and sanitary
condition when it is in the interest of the health, safety and welfare
to allow for such improvement. Restorations made under this provision
shall allow for only those minimum improvements necessary to correct
an unsafe or unsanitary condition and shall not violate the purpose
and interest of this section to limit the expansion and extension
of nonconforming situations.
C.
Nonconforming parking provisions, signs and mobile home parks. The provisions of this section shall apply to existing off-street parking arrangements, signs and mobile home parks only to the extent that they do not conflict with the specific provisions for the registration and certification of such uses provided for in § 180-22, 180-23 and 180-25 of this Article.
[Amended 9-21-1998 by L.L. No. 7-1998]
A.
The State Environmental Quality Review Act[1] requires that local governments examine the environmental
impact of all actions they permit, fund or construct. Article 8 and
Part 617 of Title 6 of the New York Codes, Rules and Regulations are
hereby adopted by reference.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law, § 8-0105 et seq.
B.
All Type I actions (8 NYCRR 617) shall require the
submission and review of an environmental assessment form.
C.
For zoning actions reviewed by the village, the following
bodies shall be the lead agencies, unless otherwise delegated by the
Board of Trustees:
|
Type of Action
|
Lead Agency
|
|---|---|
|
Zoning text amendments
|
Board of Trustees
|
|
Zoning district amendments (including establishment
of PUD Districts)
|
Board of Trustees
|
|
Site plan approvals and special permits
|
Planning Board
|
|
Variances
|
Zoning Board of Appeals
|
D.
If, in the opinion of the local lead agency, after
review of the environmental assessment form, there appears the potential
for a significant environmental impact, the lead agency shall cause
the applicant to prepare a draft environmental impact statement. Review,
notice and action on the environmental impact statement shall be conducted
according to Part 617.
