This article shall be known as the "Special
Events Law" of the Town of Brighton and shall amend the Comprehensive
Development Regulations of the Town.
It is the purpose of this article to permit
the Town Board, by resolution, to permit certain activities otherwise
prohibited by the Comprehensive Development Regulations for certain
periods in certain allowed zoning districts, as herein defined, in
order to protect and promote the public welfare, which shall be deemed
to include the facilitation of the efficient and adequate provision
of services to the public and the assurance of adequate sites for
commerce. Nothing herein is intended to permit activities which may
violate or otherwise impinge upon the health, safety or welfare of
residents of the Town of Brighton.
[Amended 11-28-2018 by L.L. No. 9-2018]
As used in this article, the following terms
shall have the meanings indicated:
PERIOD
During each calendar year, the term commencing on the Saturday
following Thanksgiving Day through and including December 31 of the
same year, or a different single term, not to exceed 14 calendar days
during any year, as may be set by resolution of the Town Board.
TEMPORARY
Only permitted to exist, continue, be erected or be maintained
during the period, and shall be promptly removed or discontinued at
the end of the period, without further notice from the Town.
[Amended 6-26-2002 by L.L. No. 4-2002; 11-28-2018 by L.L. No. 9-2018]
The regulations described herein shall only be suspended pursuant to this chapter within the BE-2, BE-3, BE-F, BF-1 and BF-2 Zoning Districts within the Town of Brighton created pursuant to §
201-7 of the Code of the Town of Brighton.
[Amended 11-28-2018 by L.L. No. 9-2018]
Pursuant to this article, the following activities
shall be deemed permitted in the allowed zoning districts without
further reviews, approvals or permits:
A. The erection and maintenance of temporary signs containing
or consisting of banners, posters, pennants, ribbons, streamers, spinners
or balloons; and/or larger than 10% of the first-floor area of the
building face, but no more than 200 square feet and/or not coordinated
with the architecture, provided that no temporary sign shall block
the vision of drivers at driveways or intersections and that all other
sign regulations (not referenced above) be adhered to. In particular,
this language shall not be construed to permit A-frame signs.
B. The temporary outdoor display of goods, merchandise
and food products as an accessory to an existing use, provided that
the display does not impede travel on public roads or sidewalks, does
not limit visibility for vehicles, is confined to the hours of 9:00
a.m. to 9:00 p.m., does not block fire lanes and does not eliminate
parking spaces required by the Comprehensive Development Regulations.
C. The temporary provision of outdoor food service as
an accessory to an existing food service establishment, provided that
at least one additional, outdoor waste receptacle is provided close
to the point of service, that no alcohol is served out-of-doors, that
the hours of service are confined to 9:00 a.m. to 9:00 p.m., that
travel is not impeded on public roads or sidewalks, that visibility
is not impeded for vehicles at intersections, that fire lanes are
not blocked, that all applicable state and county health regulations
are adhered to and that parking spaces (as required by the Comprehensive
Development Regulations) are not eliminated.
D. The erection and maintenance of temporary, nonilluminated
window signs covering up to 75% of the total area of the window in
which they are displayed.
The Commissioner of Public Works shall, within
30 days of the conclusion of the period, report to the Town Board
upon the complaints received regarding permitted activities during
the period and upon the problems noted by his inspections.
It is hereby declared to be the intent of the
Brighton Town Board that:
A. If a court of competent jurisdiction finds any provisions
of this article invalid, in whole or in part, the effect of such decision
shall be limited to those provisions which are expressly stated in
the decision to be invalid and all other provisions of this article
shall continue to be separately and fully effective.
B. If a court of competent jurisdiction finds the application
of any provision of this article to any building, other structure
or tract of land to be invalid, in whole or in part, the effect of
such decisions shall be limited to the person, property or situation
involved in the controversy and the application of any such provision
to any other person, property or situation shall not be affected.