No use shall be permitted in any district, the
operation of which would normally cause or result in:
A.
Dissemination of dust, smoke, gas, fumes or other
atmospheric pollutant beyond the boundaries of the parcel of land
on which the building in which such use is conducted is situated.
B.
Dissemination of any noise, vibration, radiation or
odor beyond the boundaries of the parcel of land on which such use
is located.
C.
Glare or flashing of lights in any manner that will
cause hazard or annoyance to the public generally or to the occupants
of neighboring property.
D.
Hazard of fire or explosion.
E.
Hauling of materials, goods or products to or from
the site of such use in a volume or manner materially incongruous
with the normal traffic on streets in the neighborhood.
F.
Danger or hazard to the health, safety or comfort
of the community or unreasonable disturbance or annoyance to the occupants
of neighboring property.
No use permitted in any H, P or C District, other than off-street parking facilities, shall be conducted in any open-front store, and there shall be no outdoor display or service of food or merchandise, unless otherwise authorized by the Board of Appeals pursuant to § 200-28A.
Every business or industrial establishment shall
have its main entrance on a public street or highway at least 35 feet
in width, except as may otherwise be approved pursuant to § 200-25D
or 200-29D. A municipal parking field or entrance thereto or exit
therefrom shall not be considered to be a public street or highway
for such purpose.
Unless authorized by the Board of Appeals, no
drive-in or walk-up window, vending machine or device for dispensing
goods or services, including without limitation laundromats and automatic
cleaners and driers (other than mailboxes, night depositories or vending
machines within a building and customarily incidental to the permitted
principal use), shall be constructed, installed or maintained in any
district.
No dwelling shall be erected to the rear of
any building on the same plot except as permitted in R-M and R-A Districts.
[Amended 4-19-2001 by L.L. No. 1-2001]
A.
Parking and storage of mobile residential vehicles.
(1)
No automobile trailer, camper, mobile home, house
trailer, recreational vehicle, or other vehicle designed or outfitted
with sleeping accommodations and that has an overall length in excess
of 20 feet, or an overall height in excess of 12 feet as measured
from the ground to its highest point of vertical rise as situated
on the property, shall be parked or stored in an R District in the
Village.
(2)
An automobile trailer, camper, mobile home, house trailer, recreational vehicle, or other vehicle designed or outfitted with sleeping accommodations and having an overall length of 20 feet or less, and an overall height of 12 feet or less as measured from the ground to its highest point of vertical rise as situated on the property, may be parked or stored as provided in § 200-61 and further subject to the following regulations:
(a)
Only one such vehicle may be parked or stored
on any plot.
(b)
Such vehicle must be owned, leased or rented
by the owner or occupant of the premises upon which it is parked or
stored.
(c)
In no case shall such vehicle be used for sleeping,
habitation or any other purpose while parked or stored on such lot.
B.
Parking and storage of boats.
(1)
No boat or boat trailer that has an overall length
in excess of 20 feet, or that has an overall height in excess of 12
feet as measured from the ground to its highest point of vertical
rise as situated on the property, shall be parked or stored in an
R District in the Village.
(2)
A boat or boat trailer that has an overall length of 20 feet or less, and an overall height of 12 feet or less as measured from the ground to its highest point of vertical rise as situated on the property, may be parked or stored as provided in § 200-61 and further subject to the following regulation:
(a)
Only one such boat, boat trailer, or combination
thereof may be parked or stored on any plot.
(b)
Such boat or boat trailer must be owned, leased
or rented by the owner or occupant of the premises upon which it is
being parked or stored.
(c)
In no case shall such boat or boat trailer be
used for sleeping, habitation or any other purpose while parked or
stored on such plot.
No soil, sand or gravel shall be stripped, excavated
or mined in any district, except excess soil, sand or gravel resulting
from excavation or grading in connection with the construction or
alteration of a building for which a building permit has been obtained.
The following uses shall comply with the following
distance requirements:
A.
No theater shall be located on any plot any part of
which is situated within a distance of 300 feet as measured along
the shortest line from any existing school, church or dwelling.
B.
No mortuary, undertaking or embalming parlor or chapel
or similar establishment shall be located on any plot any part of
which is situated within a distance of 500 feet as measured along
the shortest line from any existing school, church or dwelling.
C.
No garage for more than three motor vehicles, motor
vehicle repair shop or automobile service station shall be located
on any plot any part of which is situated within a distance of 200
feet as measured along the nearest boundary of a public street from
any existing school or church, or within any portion of a block between
two intersecting streets in which portion there exists a school or
church.
D.
No used car sales lot shall be located on any plot
any part of which is situated within a distance of 300 feet as measured
along the shortest line from any existing school or church.
Notwithstanding any other provisions of this chapter, no parking place for more than five motor vehicles shall be established or maintained in any district, except when owned by the Village or when owned by the County of Nassau and appurtenant to a county administrative building, unless a permit therefor is authorized by the Board of Appeals, in accordance with § 200-68, or unless such space is required by the Board of Trustees as provided in Article V.
The uses permitted in each district shall be
deemed to include uses and buildings or structures therefor that are
customarily accessory and incidental to such permitted uses and located
on the same plot therewith, except as follows:
A.
A garage, group of garages or outdoor storage for
more than three motor vehicles shall not be deemed to be an accessory
use in any R-40, R-20, R-12, R-8 or R-6 District.
[Amended 10-16-1989 by L.L. No. 6-1989]
B.
No garage or any portion of a plot in any R District shall be occupied by a commercial vehicle or truck unless a permit therefor is authorized by the Board of Appeals as provided in § 200-65C.
C.
A driveway or a walk to and from a business or industrial
use shall not be deemed to be an accessory use in any R District.
D.
Automobile or truck wrecking and the disassembly of
any automotive vehicle shall not be deemed to be an accessory use
in any district.
E.
No accessory use shall be operated and no accessory
building or structure shall be maintained or erected on any plot prior
to the time of the operation of the principal use or of the construction
of the main building to which it is or is intended to be accessory.
[Amended 2-21-1991 by L.L. No. 2-1991]
A.
Purpose. The purpose of this section is to establish
reasonable regulations for all signs in Residence Districts in the
Village of Garden City in order to:
(1)
Further the objectives of the Village comprehensive
plan;
(2)
Protect the value of property in the Village;
(3)
Protect the health, safety and general welfare;
(4)
Protect the essential character of residential neighborhoods;
(5)
Facilitate the creation of an attractive and harmonious
community; and
(6)
Reduce traffic hazards.
B.
PERSON
REAL ESTATE SIGN
SIGN
SPECIAL EVENT SIGN
TEMPORARY SIGNS
Definitions. As used in this section, the following
terms shall have the meanings indicated, unless the context otherwise
indicates:
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
A sign in an R District which is used to announce or indicate
that the premises upon which it rests, sets or is attached is available
for sale, lease, rent or inspection.
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, announcement or direction, including every sign,
billboard, ground sign, wall sign, illuminated sign, lighted sign,
projecting sign, temporary sign, marquee, awning and canopy and shall
also include any announcement, declaration, demonstration, display
or illustration used to attract the attention of any person(s) when
placed out of doors or adjacent to windows or doors in view of the
general public.
[Amended 10-7-2004 by L.L. No. 4-2004]
Any sign, of whatever description, to be erected and maintained for a limited period of time to include any announcement used to identify or advertise a specific upcoming event or activity in an R District on premises permitted pursuant to § 200-16A(10) of this Code.
A special event sign or a real estate sign.
C.
No sign shall be displayed in any R District, other
than by a governmental authority, except as follows:
(1)
Temporary signs as permitted in this section.
(3)
One sign, which shall not exceed two square feet in
area, displaying not more than the name and street number of the occupant
of the premises and, in the case of a permitted office, studio or
occupational room, the identification thereof. Such sign shall not
be placed within a distance of three feet from any street or property
line, and all freestanding signs shall not exceed four feet in height
above ground level.
(4)
One sign or bulletin board, not exceeding 16 square
feet in area, on church, institutional or school property, giving
the identification thereof or advertising the activities thereof,
or both. Such sign shall not be placed within a distance of 10 feet
from any street or property line and shall not exceed six feet in
height above ground level.
(5)
One sign, which shall not exceed one square foot in
area, indicating that the premises are protected by a security company.
Such sign shall not be placed within a distance of 10 feet from any
property line nor nearer to any street line than the minimum setback
therefrom as prescribed by this chapter and shall not exceed two feet
in height above ground level. Signs on windows, not exceeding 36 square
inches, indicating that the premises are protected by security company,
shall be exempt from the provisions of this section.
D.
Temporary signs; permit required.
(1)
No person shall erect or maintain a temporary sign
within an R District without a permit duly issued therefor by the
Village Clerk.
(2)
The Village Clerk shall require that an application
for a permit be made to him, which shall include the name, address
and telephone number of the applicant, the size of the sign, the proposed
wording on the sign and the proposed location of the sign.
(3)
The Village Clerk shall require that any real estate
sign contain only the words "for sale," "for lease," "for rent" or
"open house" and, at the option of the applicant, the word "owner"
or "broker" and a telephone number.
(4)
No more than one temporary sign may be in effect at
any one time for a single piece of property.
E.
Temporary signs; fees. The fee for a permit for the
erection of a special event or real estate sign or renewal of a permit
shall be as fixed from time to time by resolution of the Board of
Trustees. Said fee shall be submitted by the applicant at the time
the application is presented to the Village Clerk.
G.
Placement and height of temporary signs.
[Amended 7-16-1992 by L.L. No. 3-1992]
(1)
No real estate sign shall be posted, erected or maintained
within a distance of 10 feet from any property line, nor nearer to
any street line than the minimum setback therefrom as prescribed by
this chapter and shall not exceed six feet in height above ground
level.
(2)
No special event sign shall be posted, erected or
maintained within a distance of 10 feet from any property or street
line and shall not exceed eight feet in height above ground level.
H.
Expiration and removal of temporary signs.
(1)
Real estate signs must be removed within 24 hours
of the transfer of the title to the property or the giving of possession
of the property, whichever event first occurs, except that "open house"
signs shall be removed within 24 hours after the conclusion of the
open house.
(2)
Permits for real estate signs shall expire 60 days
following the date of the issuance, but may be renewed by the Village
Clerk, upon the payment of an additional fee, for successive sixty-day
periods.
(3)
Special event signs shall be erected no more than
10 days prior to the event or activity and shall be removed within
24 hours of the conclusion of the event or activity.
I.
Conditions for all signs in R Districts.
(1)
No signs erected subsequent to the enactment of this
section shall have characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes or use reflective
or fluorescent paint or material.
(2)
All signs permitted pursuant to this section shall
have lettering only on one side and shall be attached to the premises
or shall be displayed on a stationary rod or post. No sign shall be
attached to a tree or bush. No sign shall be placed so as to obstruct
a clear view of a street from any intersecting street.
J.
Appeals. Any person seeking review of the action of
the Village Clerk may appeal to the Board of Trustees of the Village.
The Board of Trustees may modify or waive the requirements of this
chapter only upon a showing that to do so would not be detrimental
to the neighborhood or to the residents thereof.
K.
Penalties for offenses. For each and every failure
to comply with the provisions of this section, the owner of the premises
on which the sign is placed and the person or persons who placed or
assisted in the placement of the sign on such premises in a manner
that is not in compliance with this section shall be guilty of a violation
against this section, which violation shall be punishable by a fine
not to exceed $250 or imprisonment for a period not to exceed 15 days,
or both. Each day's continued violation shall constitute a separate
and distinct additional violation.
L.
Enforcement. It shall be the duty of the Building
Official and he is hereby given the power and authority to enforce
the provisions of this section, and he may remove any sign not in
conformity with this section without notice to the property owner
or the owner of the sign.
M.
Severability. If any part or parts of this section
are for any reason held to be invalid, such decision shall not affect
the validity of the remaining portions of this section. The Board
of Trustees hereby declares that it would have passed the local law
enacting this section and each subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more subsections,
sentences, clauses or phrases might be declared invalid.
[Amended 10-16-1989 by L.L. No. 6-1989; 7-16-1992 by L.L. No. 3-1992; 10-7-2004 by L.L. No. 4-2004]
A.
Purpose. The purpose of this section is to provide
minimum standards for all signs in nonresidential districts in the
Village of Garden City in order to:
(1)
Safeguard life, health, property and public welfare
by regulating and controlling the design, quality of materials, construction,
location, illumination, electrification and maintenance of all signs
and their supports which are located outside a building or structure
or within one foot of any glass surface inside a building or structure;
(2)
Further the objectives of the Village Comprehensive
Plan;
(3)
Protect the value of property in the Village;
(4)
Facilitate the continuity of an attractive and harmonious community. Pursuant to the provisions of Chapter 57, Architectural Review and Chapter 200, Zoning, of the Village Code, all signs must be reviewed and approved by the Architectural Design Review Board (ADRB). Subsequent to such approval and prior to any installation it is also required that a permit be issued.
B.
APPLICANT
ALTERATION
CORNER BUILDING
FLAG, BANNER, PENNANT
FREESTANDING SIGN
ILLUMINATED SIGN
LIGHT BOX SIGN
LIGHTED SIGN
PROJECTING SIGN
REAL ESTATE SIGN
SIGN
SIGN AREA
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Definitions. As used in this section, the following
terms shall have the meaning indicated unless the context otherwise
indicates:
Any person, firm, partnership, association, corporation,
company or organization of any kind making an application for a permit
for a sign or signs.
Any change in copy, color, size, shape, position, location,
construction or support structure.
A building located at the intersection of two streets with
frontage and entrance on each street.
A piece of fabric, cloth, canvas or any similar material
any shape, that is attached to a pole, wire or wall.
A ground sign, post sign or pole sign which is supported
by one or more uprights, a pedestal or base placed in or upon the
ground.
A sign which has a source of light located on the surface
of the sign or in the interior body of the sign.
A rectangular illuminated sign with a changeable face.
A sign which has a source of light directed upon the exterior
surface of the sign.
A double-faced sign which projects from and is affixed to
a wall of a building with its display surfaces not parallel to said
wall.
A sign indicating that the premises on which the sign is
located, or any portion thereof, is for sale, lease or rent.
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, announcement or direction, including every sign,
billboard, ground sign, wail sign, illuminated sign, lighted sign,
projecting sign, temporary sign, marquee, awning and canopy and shall
also include any announcement, declaration, demonstration, display
or illustration used to attract the attention of any person(s) when
placed out of doors or adjacent to windows or doors in view of the
general public.
The entire area within the single continuous perimeter enclosing
the outer limits of lettering, script, representation, emblem, logo
or any figure or similar character, together with any material or
color forming an integral part of the display used to differentiate
such sign from the background against which it is placed. The pole(s),
standards, supports or structures which support any sign shall not
be included in determining the sign area unless such supporting method
is designed in such a manner so as to form an integral part of the
display. When a sign has two or more faces, the areas of all faces
shall be the total area of the sign.
A sign which is erected for a limited period of time.
A sign which is affixed to an exterior wall of any building
or structure with the display surface of the sign parallel to said
wall.
A sign which is either temporarily or permanently attached
or affixed to the surface of a display window and is used for advertisements,
announcements, notices or directional matters related to the business
conducted therein.
C.
Submission requirements. Eight copies of an application
with accompanying drawings and documents, folded and collated into
sets no larger than 10 inches by 15 inches, are required to be submitted
and shall contain, at a minimum, the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address, telephone number and written consent
of the property and/or building owner.
(3)
A description of the proposed installation(s).
(4)
A plot plan and/or survey indicating the location
of the subject building or structure.
(5)
Scaled and dimensioned drawings and/or photographs
of the subject building or property and all adjacent buildings or
properties within 75 feet on either side.
(6)
Scaled elevation drawings of the subject building
with the proposed sign indicated and containing all pertinent dimensions
such as total width of building or storefront, height above grade,
horizontal location of sign(s), overall height and length of sign(s)
and distance to adjacent doors and windows.
(7)
Drawings and specifications of individual sign(s)
of sufficient scale to depict every detail of the proposed sign(s),
including overall height and length, letter type and size, materials,
colors, total weight, support and anchorage method, illumination and/or
electrification. Material samples to be presented at ADRB meeting
for review and approval.
(8)
Location and specifications of proposed illumination,
including fixture catalog cuts and intensity levels.
D.
To avoid delays in the final review and approval process,
it is recommended that applicants first apply for a preliminary conference,
especially with regard to projecting signs or awnings. A preliminary
conference may be held with the ADRB and the applicant prior to the
preparation and submission of a final design submission. The purpose
of such a conference is to enable the applicant to inform the ADRB
of his/her proposal prior to the preparation of a detailed design
submission and to provide the ADRB with an opportunity to review the
basic design concept, to advise the applicant as to potential problems
and concerns and to generally determine the information to be required
in the final submission to the ADRB for approval. Preliminary conferences
with the ADRB are available to all applicants, providing applicants
comply with the procedures indicated above.
E.
Regulations.
(1)
General.
(a)
No sign shall be erected, installed or displayed
without first obtaining approval from the ADRB and a permit from the
Building Department.
(b)
All signs must be designed, supported and secured
in accordance with all applicable codes and standards.
(c)
All sign content is limited to the name and/or
logo of the establishment.
(d)
All signs are subject to ADRB approval based
on aesthetic appearance and relationship to neighboring signs and
buildings.
(e)
All signs shall be removed by the tenant or
owner and the facade of the building shall be restored no later than
60 days after the premises has been vacated.
(f)
Illuminated signs on the wall of a building or store which faces a street where the property on the opposite side is in a C or I District or those approved by the ADRB as provided in § 57-8C are permitted.
(g)
All window signs or window displays, excluding
signs not exceeding two inches in vertical measurement, shall not
be placed or maintained on or within one foot of any adjoining exterior
glass surface and shall only be illuminated indirectly.
(h)
Signs equipped or displayed with moving, flashing
or intermittent illumination are prohibited.
(i)
Signs or window displays placed or illuminated
so as to be hazardous to traffic or disturbing or annoying to the
occupants of any other building are prohibited.
(j)
Exposed neon tubing is prohibited.
(k)
Signs with exposed raceways are prohibited.
(l)
Internally illuminated wall-mounted or projecting
light box signs with translucent faces are prohibited.
(m)
No sign shall be erected in such a manner so
as to confuse or obstruct the visibility or interpretation of any
official traffic sign, signal, marking or device.
(2)
Wall signs.
(a)
The maximum overall dimensions or maximum area
of each exterior sign displayed or painted on or applied or attached
to the wall of a building, including doors and windows, facing on
a public street, shall not project more than one foot from the wall
surface nor exceed the following:
[1]
On a building, including doors and windows, having a street frontage of 25 feet or less: a vertical measurement of two feet and a horizontal measurement of 80% of the street frontage of such building, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be revised and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 40 square feet.
[2]
On a building, including doors and windows, having a street frontage of more than 25 feet and not more than 75 feet: a vertical measurement of two feet and a horizontal measurement of 20 feet, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be revised and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 40 square feet or two feet multiplied by 70% of the street frontage of such building, whichever is the greater.
[3]
On a building, including doors and windows, having street frontage in excess of 75 feet: a vertical measurement of two feet and a horizontal measurement of 20 feet, excepting that, when approved by the ADRB as provided in § 57-8C, the dimensions or location of such a sign may be varied and an additional sign or signs may be erected, provided that the total area of all such signs shall not exceed 110 square feet or two feet multiplied by 50% of the street frontage of such building, whichever is greater.
[4]
On the rear or side wall of any building on a plot abutting on a parking field or another street, there may be one additional exterior sign with a maximum horizontal measurement which shall not exceed 10 feet or 40% of the width of such wall of the building and with a maximum vertical measurement which shall not exceed two feet, provided that no such sign shall be placed so that any part thereof extends more than 15 feet above curb level. As provided in § 57-8C, the ADRB, however, may permit these dimensions to be increased, but in no ease shall the area of the sign exceed 50% of the total permissible area for an exterior sign on the front of said building.
(3)
Freestanding signs.
(a)
In lieu of a wall sign one ground sign per building
may be erected subject to the approval of the ADRB.
(b)
Ground signs may not exceed 12 square feet in
area or six feet in height above ground level.
(c)
The content of a ground sign is limited to the
building address and the name of the building or the name of one of
its occupants.
(d)
Ground signs may only be illuminated by concealed
light sources.
(4)
Projecting signs.
(a)
In lieu of a wall sign or a ground sign and
subject to the approval of the ADRB, a projecting sign may be erected.
(b)
The size of a projecting sign shall not exceed
six square feet. The maximum height shall be three feet and maximum
width shall be three feet.
(c)
The minimum height from ground level to the
bottom of the sign shall be not less than nine feet, and the sign
shall not project more than four feet from the building.
(d)
No projecting sign shall extend above the roofline
or the parapet wall.
(e)
Projecting signs may be illuminated or lighted,
provided that the light source is not visible and electrical wiring
is concealed or as otherwise approved by the ADRB.
(f)
All projecting signs shall be double-faced.
(g)
The content of a projecting sign shall be limited
to the name and/or logo of the establishment.
(h)
Projecting sign supports and bracket design
are to comply with all applicable codes and standards.
(6)
Temporary signs.
(a)
For sale, lease or rent signs. One sign, which
shall not exceed four square feet in area or be more than six feet
in height above ground level, may be displayed, applied or attached
to any exterior wall of a building, including doors and windows, facing
on a public street, when used for advertising the sale, leasing or
rental of the premises, or part thereof, upon which it is erected
and containing no more than a description of the available space and
the name, address and telephone number of the owner, broker or other
person making the offering. Said sign shall be removed within 10 days
of full occupancy or sale of premises.
(b)
Pre-permanent signs. A temporary sign conforming
to all sign regulations may be installed prior to the erection of
a permanent sign when approved by the ADRB for a period to be determined
by the ADRB.
(7)
Public utility signs. An exterior sign, the area of
which shall not exceed one square foot, maybe displayed by a public
utility when such sign is necessary or convenient for the direction,
information or safety of the public.
(8)
Address signs. Address signs may be installed on or
adjacent to entry doors and shall not be less than four inches nor
more than eight inches in height.
F.
Nonconforming signs. Any light box sign erected and
legally existing at the time of the adopting of this section or any
amendment thereof shall be removed not later than three years from
the effective date of this section of any amendment thereof.
[Amended 5-17-1984 by L.L. No. 2-1984]
A.
No parabolic dish or other type of satellite-signal-receiving antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, shall be erected, altered or maintained unless a permit therefor has been authorized by the Board of Appeals as provided in § 200-65F.
B.
No other type of outside radio or television antenna or tower (other than one located on any building in an R-40, R-20, R-12, R-8 or R-6 District, the total height of which, including the building, shall not exceed 40 feet) shall be erected or altered unless a permit therefor has been authorized by the Board of Appeals as provided in § 200-65F.
[Amended 10-16-1989 by L.L. No. 6-1989]
No outdoor pool, whether permanent or portable,
exceeding two feet in depth or 120 square feet in area shall hereafter
be erected, altered or installed unless a permit therefor has been
issued in accordance with the following:
[Added 5-2-1991 by L.L. No. 4-1991]
[Added 10-7-2004 by L.L. No. 4-2004]
A.
No awning, whether fixed or retractable, shall be
erected or installed, except in a one-family residential district,
unless approved by the Architectural Design Review Board (ADRB) and
a permit has been issued.
B.
Submission requirements. The submission requirements for awnings shall be the same as those for signs as provided in § 200-43C.
C.
Regulations.
(1)
The minimum height from ground level to the
bottom of an awning shall be not less than seven feet.
(2)
The maximum overall vertical height of an awning
shall not exceed four feet and the maximum horizontal projection from
the face of the building shall not exceed four feet, unless otherwise
approved by the ADRB.
[Added 10-7-2004 by L.L. No. 4-2004]
A.
Purpose. No solar energy system shall be erected or
installed unless the system is designed to be aesthetically appropriate
for the intended location as determined and approved by the Architectural
Design Review Board (ADRB) and a permit has been issued.
B.
INTEGRATED PRIMARY EQUIPMENT
NONINTEGRATED PRIMARY EQUIPMENT
PRIMARY EQUIPMENT
SECONDARY EQUIPMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated, unless the context otherwise
indicates:
Any part of a solar energy system that is built into a structure
and blends aesthetically and functionally into that structure.
Any part of a solar energy system that is not built into
a structure and does not blend aesthetically and functionally into
that structure.
Any photovoltaic cell(s), water panel(s) or other devices
that convert, absorb or transform solar energy.
Any supply lines, return lines, control valves wiring, meters,
switches, modules, inverters or other devices and their cabinets associated
with the installation or function of a solar energy system.
C.
Submission requirements. Prior to the installation
of any solar energy equipment on a property, building or structure,
the applicant shall submit eight copies of an application and drawings,
photographs and documents to the ADRB, folded and collated into sets
no larger than 10 inches by 15 inches containing, at a minimum, the
following information:
(1)
The name, address and telephone number of the
applicant.
(2)
The name, address, telephone number and written
consent of the property and/or building owner.
(3)
A description of the proposed installation(s).
(4)
A plot plan and/or survey indicating the dimensioned
location of the subject building or structure and all proposed equipment.
(5)
Sealed and dimensioned drawings and/or photographs
of the subject building or property and all adjacent buildings or
properties within 75 feet on either side.
(6)
Scaled and dimensioned drawings, photographs,
documents and materials, including hut not limited to, layout plans,
elevations, sections, details, manufacturers specifications and catalogue
cuts indicating the intended location, material types, colors, finishes
and structural support methods.
(7)
Material samples are to be presented at the
ADRB meeting.
D.
To avoid delays in the final review and approval process,
it is recommended that applicants first apply for a preliminary conference.
A preliminary conference may be held with the ADRB and the applicant
prior to the preparation and submission of a final design submission.
The purpose of such a conference is to enable the applicant to inform
the ADRB of his/her proposal prior to the preparation of a detailed
design submission and to provide the ADRB with an opportunity to review
the basic design concept, to advise the applicant as to potential
problems and concerns and to generally determine the information to
be required in the final submission to the ADRB for approval. Preliminary
conferences with the ADRB are available to all applicants, providing
applicants comply with the procedures indicated above.
E.
Regulations.
(1)
General. All solar energy systems shall be designed,
erected and installed in accordance with all applicable codes and
standards.
(2)
Commercial C Districts.
(a)
As much as possible, all panels, tiles or slates
are to appear like and are to match the color of the roof or wall
to which they are attached.
(b)
Any equipment proposed as part of any new building
or alteration to a building shall be installed as integrated equipment.
(c)
On existing buildings with flat roofs where
tilted frames are necessary to install primary equipment, such equipment
shall not be visible from an abutting street or property. If necessary,
the equipment shall be screened with appropriate material as approved
by the ADRB.
(d)
On existing buildings with visible sloped roofs
where all surrounding buildings are commercial, nonintegrated equipment
or integrated equipment may be installed, but they shall be installed
parallel to and directly against the existing sloping roof.
(f)
All secondary equipment associated with any
solar energy system installation shall not be exposed on the outside
of any structure unless required by an applicable codes and standards.
(3)
Residential R Districts.
(a)
As much as possible, all panels, tiles or slates
are to appear like and are to match the color of the roof or wall
to which they are attached.
(b)
Nonintegrated equipment added to an existing
structure shall be installed parallel to and directly against the
existing sloping roof and shall be located in an area of the roof
that is not visible from an abutting or nearby street.
(c)
Any primary equipment proposed as part of any
new building or alteration to a building shall be installed as integrated
primary equipment.
(e)
All secondary equipment associated with any
solar energy system installation shall not be exposed on the outside
of any structure unless required by an applicable codes and standards.
[Added 12-1-2016 by L.L.
No. 12-2016]
A.
Definitions. For purposes of this section, a "permanent backup generator"
is a stationary, outdoor machine designed to provide a temporary source
of electricity for a structure or building when electricity from an
off-site utility provider has been disrupted. A "portable backup generator"
is an outdoor machine which is designed to provide a temporary source
of electricity for a structure or building when electricity from an
off-site utility provider has been disrupted, and which is manually
transported by the use of attached wheels or a hand truck, dolly or
similar handcart.
B.
C.
Siting and installation of a permanent backup generators must comply
with the following standards:
(1)
A permit shall be required for the installation of a permanent
backup generator. Applications for the permit shall be made to the
Building Department on a form provided by the Village together with
all applicable fees.
(2)
To the extent practicable, as determined by the Building Superintendent,
permanent backup generators shall be collocated with existing or proposed
outdoor mechanical equipment, such as air conditioning units.
(3)
Permanent backup generators shall be placed as close to a building
as possible taking into account any applicable building or fire safety
standards and manufacturer recommendations.
(4)
Permanent backup generators shall be adequately screened and
maintained (with landscape or other appropriate material as approved
by the Building Department) so as to minimize the visual impact on
adjacent properties and any public right-of-way. The Building Department
shall consider the placement of permanent backup generators taking
into account the existing use, or planned use, of screening of the
yard in its totality. The visual impact of a generator shall be based
on the view at ground level from adjoining properties. The Building
Superintendent is authorized, but not required, to refer screening
applications to the ADRB for review and approval if, in his/her sole
discretion, the approval of the ADRB should be sought to opine on
the adequacy or appropriateness of screening based on the size and
location of the proposed generator. The adequacy of screening shall
take into account the location of the permanent standby backup generator
and the overall screening and landscaping present on the property.
(5)
Permanent backup generators shall be used only during electrical
power outages and as required by the manufacturer for maintenance
purposes. Exercise or testing of permanent backup generators shall
only take place between 9:00 a.m. and 5:00 p.m., Monday through Friday,
not to exceed once a week for a maximum of 30 minutes, excluding emergency
repairs.
(6)
Permanent backup generators shall operate on liquid propane
or natural gas only; other fuel sources are prohibited.
(7)
Applicants seeking approval for installation of a permanent
backup generator must obtain any other permits required under federal,
state or local law.
D.
Any permanent backup generator for which a Village permit was issued
prior to the effective date of this section shall be exempt from complying
with the siting provisions herein. Permanent backup generators for
which a Village permit was previously issued may be replaced in the
same exact location, provided the replacement generator complies with
all other provisions of this section.
E.
Portable backup generators shall be exempt from the requirements
of this section, except that:
(1)
Portable backup generators shall be used outdoors and only during
electrical power outages and as required by the manufacturer for maintenance
purposes.
(2)
Exercise or testing of portable backup generators shall only
take place during daylight hours between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, not to exceed once a week for a maximum of
30 minutes, excluding emergency repairs.
(3)
Portable backup generators may not be stored outdoors.
(4)
When in use, portable backup generators may only be placed in
the rear yard or rear half of the side yard of the property on which
they are being used.
(5)
Portable backup generators shall not be operated less than 10
feet from the nearest property line.
F.
A violation of this chapter shall constitute a violation punishable
by a fine of not less than $500 and not more than $1,500. Each day
a violation persists after the date of issuance of the first summons
shall constitute a separate violation of this chapter. This chapter
shall be administered and enforced by the Village Building Department,
and summonses for violations may be issued by the Building Department
or Garden City Police Department.
[Added 5-18-2023 by L.L.
No. 1-2023]
A.
Transient
dwelling unit: an entire dwelling unit, or a room or group of rooms
within a dwelling unit, made available to rent, lease, or otherwise
assigned for an occupancy of less than 30 consecutive days to one
or more persons who are not the owner, or a family member of the owner
of such dwelling unit. The term "transient dwelling unit" shall include
both owner-occupied and non-owner-occupied dwelling units, and shall
not include: (i) any lawfully permitted dormitories; (ii) any lawfully
permitted hotel or motel rooms, bed-and-breakfast inns or lodging
houses, or business establishment operating exclusively for and catering
to transient clientele (that is, persons who customarily reside at
these establishments for short durations for the purpose of vacationing,
travel, business, recreational activities, conventions, emergencies,
and other activities that are customary to a commercial hotel/motel
business); and (iii) any lawfully operating medical, health care,
nursing home, assisted living, or other similar facility.
B.
Presumption
of use. There shall be a presumption that a property or dwelling unit
is a "transient dwelling unit" if the following is found to exist:
(1)
The property or dwelling unit is advertised or offered on any medium,
including Airbnb, Home Away, VRBO, or similar short-term rental website,
as being available for occupancy for a period of less than 30 days.
(2)
The foregoing presumption may be rebutted by documentary or other
evidence presented and satisfactory to the Superintendent of Buildings
that the property or dwelling unit is not a "transient dwelling unit."
In all such cases, the burden of proof to establish that a property
or dwelling unit is not a "transient dwelling unit" shall be upon
the owner or occupant of the property. Any property aggrieved by a
determination of the Superintendent of Buildings in this regard may
appeal such determination to the Board of Appeals.
C.
Applicability
to owners. For the purposes of defining a "transient dwelling unit,"
the term "owner" shall mean and include any individual or individuals,
partnership or corporation or other organization in possession of
and having a fee interest in the real property where a dwelling unit
is located. The term “owner” also shall include a corporation,
limited-liability company, partnership, association, trustee or other
business entity or nonbusiness forms of ownership.
D.
Transient
dwelling units prohibited. No dwelling unit, whether single-family,
multi-dwelling, or mixed residential use, shall be used or occupied
as a transient dwelling unit. No permit shall be issued for the use
of any property within the Village as a transient dwelling unit.
E.
Application
for search warrant. The Superintendent of Buildings, or such Superintendent’s
designated representative, is authorized to make an application to
the Village Court or any court with appropriate jurisdiction for the
issuance of a search warrant in order to conduct an inspection of
any premises which is subject to this section, where the owner or
occupant of such premises refuses or fails to permit an inspection
of such premises and where there is reasonable cause to believe that
a violation of this section has occurred. Such application for a search
warrant shall in all respects be made in conformance with, and shall
comply with, the applicable laws of the State of New York and the
United States.
F.
Warrantless
inspections and searches prohibited. Nothing in this section shall
be deemed to authorize the Superintendent of Buildings, or the authorized
representative of such Superintendent, to conduct an inspection or
search of any premises pursuant to this section without the consent
of the owner or occupant of the premises or without a warrant duly
issued by an appropriate court, except where such inspection or search
may be permitted by law. Nothing in this section shall be deemed to
limit the authority of the Superintendent of Buildings or the authorized
representative of such Superintendent, to conduct a search without
a warrant where such search is authorized by law.
G.
Civil
action. Village Counsel is authorized to institute a civil litigation
to obtain and enforce any available remedy, including injunctive relief,
in the event of any violation of this section. In any such litigation,
the court may award the Village its reasonable attorneys’ fees
and expenses of such litigation.
