Ardsley City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 200-81 Uses subject to supplementary regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 200-82 Uses.
A.
Commercial vehicle parking; accessory uses, garage.
[Amended 2-5-1990 by L.L. No. 3-1990]
(1)
No commercial vehicle shall be stored or parked overnight in any residential district, except as follows:
(a)
One commercial panel truck, maximum one-half-ton capacity, may be parked in a garage owned or rented by the resident, which shall be used only for storage.
(b)
In case of continuing construction or excavation, where a building permit has been issued and where it would be impossible, impracticable or unduly expensive to remove such vehicle, a temporary permit may be obtained from the Chief of Police authorizing the parking or storage of said vehicle for a period not to exceed 10 calendar days. Said permit is renewable by the Chief of Police, subject to review by the Building Inspector, for such period as is proven necessary by the applicant.
(2)
In residence districts, the number of motor vehicles for which garage space may be provided as accessory to an authorized use shall not exceed the following; two passenger motor vehicles, except that one may be a commercial panel truck, as provided above (maximum one-half-ton capacity, which must be parked in a garage owned by the resident, and the garage shall be used only for storage); and for each 5,000 square feet by which the lot area exceeds 5,000 square feet, garage space for one additional motor vehicle may be provided, but not to exceed a total of four cars in a R-1 District and not to exceed a total of three cars in an R-2 District and not to exceed a total of two cars in an R-3 District.
B.
Garages and gasoline stations. In a B-2 District, plans for the erection or structural alteration of any public garage or of a gasoline station shall be subject to the approval of the Zoning Board of Appeals, and said Board may deny any applicant if it is inconsistent with the public health, safety or general welfare of the community or require such changes in relation to access roads, drives, yards, location of pumps and buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.
C.
Signs.
[Amended 5-16-1977 by L.L. No. 3-1977; 8-3-1998 by L.L. No. 3-1998]
(1)
No sign shall be displayed in a residential zone, other than by a public authority, except as follows:
(a)
One sign not exceeding 1 1/2 square feet in area on each lot and not illuminated or flashing, displaying not more than the name and street number of the occupant of the building and, in the case of a home occupation or professional office permitted in the district, the identification thereof, except that doctors of medicine and dentistry and dental surgeons may have an illuminated sign. Such sign may be attached to the residence or may be displayed on a post or rod, but shall not be placed within a distance of 20 feet from the side property line and three feet from the street line and shall not exceed six feet in height above the ground level.
(b)
One temporary sign on a single post not exceeding 60 inches in height with a forty-two-inch arm on each lot and not illuminated, advertising only the prospective sale, lease or rental of the property on which the same is displayed. Such signs shall be placed on the property that is for sale, lease or rent. No real estate broker or property owner shall post more than one sign on a particular piece of property that is for sale or under a listing agreement, and said sign shall be removed promptly upon the sale, lease or rental of the property.
[Amended 12-6-2021 by L.L. No. 11-2021]
(c)
One building contractor's or subcontractor's sign, not exceeding 16 square feet in area or five feet in length and not illuminated, displayed on a lot on which a building or group of buildings is actually under construction with a valid work permit and only during such construction. Such sign shall not be placed within a distance of 20 feet from any side property line or three feet from the street front property line and shall not exceed four feet in height above ground level. Such signs shall be removed promptly upon the substantial completion of all work.
[Amended 12-6-2021 by L.L. No. 11-2021]
(d)
One sign or bulletin board, not exceeding 16 square feet in area or five feet in length, on church or school property, giving the identification or advertising the activities thereof, or both. Such sign may be displayed on a rod or post but shall not be placed within a distance of 20 feet from any street or property line and shall not exceed six feet in height above ground level.
(2)
No sign shall be displayed in any nonresidential zone other than by a public authority, except as follows:
(a)
General regulations pertaining to all permanently displayed interior and exterior signs showing principal name of business.
[1]
Location and number.
[a]
Where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the lesser of the dimensions of this location or the dimensions set forth in Subsection C(2)(a)[2].
[b]
Signs shall be placed parallel to the facade of the building and, except for signs on awnings and projecting wall signs, no part of a sign shall project more than six inches beyond the face of the building surface to which it is applied.
[Amended 5-4-2009 by L.L. No. 2-2009]
[c]
Each business establishment shall be limited to two signs per street facade, with a maximum of three signs in the case of buildings fronting on two or more rights-of-way, as follows:
[Amended 5-4-2009 by L.L. No. 2-2009]
[i]
One principal sign per street facade identifying the name and type of business;
[ii]
One secondary sign identifying the name and type of business located either on the front flap of an awning or on the front door;
[iii]
One sign located in one window of a second-floor business; and
[iv]
One projecting wall sign identifying the name and type of business.
[d]
No sign or window display shall be so placed or illuminated as to be hazardous or to create a nuisance.
[2]
Size.
[a]
The maximum overall dimensions, in the aggregate, of a sign or group of signs attached to a building shall not exceed the following:
[i]
On a building wall having a street frontage of 25 feet or less, a maximum vertical measurement of two feet and a maximum horizontal measurement of 70% of the building frontage.
[ii]
On a building wall having a street frontage of more than 25 feet and not more than 75 feet, maximum vertical measurement of two feet and a maximum horizontal measurement of 20 feet.
[iii]
On a building wall having a street frontage of more than 75 feet, a maximum vertical measurement of two feet and a maximum horizontal measurement of 25 feet.
[b]
The maximum overall height of letter groups (including upper and lower case letters) and graphic symbols shall be 18 inches. Where there is more than one line of letters and symbols, the combined height of letters and symbols shall not exceed 18 inches including the span between the lines. The maximum letter form height for external illuminated signs shall be 18 inches. Where there is more than one line of lettering the combined height shall not exceed 18 inches.
[Amended 6-20-2016 by L.L. No. 2-2016]
[c]
A sign or notice having an area not exceeding one square foot for each tenant in said building when such sign is necessary or convenient for the direction, information or safety of the public.
[d]
A sign or notice having an area not exceeding one square foot for a public utility when such sign is necessary or convenient for the direction, information or safety of the public.
[e]
No sign shall be erected which projects more than two feet six inches, above the facade of the building on which said sign is to be erected.
[f]
Notwithstanding the provisions of this chapter, the following provisions shall apply to the erection, alteration and maintenance of projecting wall signs:
[Added 5-4-2009 by L.L. No. 2-2009]
[i]
Projecting signs shall not exceed a total sign area of six square feet per side, with a maximum vertical measurement of two feet and a maximum horizontal measurement three feet. Such signs shall not project more than 36 inches from the building facade and shall not be less than eight feet from the ground.
[ii]
No such sign or any part thereof shall project over any property line, except that it may project over a village sidewalk a distance not to exceed 36 inches.
[iii]
Such sign shall not have advertising in a plane parallel to the surface to which attached, and such sign shall not have advertising in a plane which makes an angle of less than 90° with the surface to which attached.
[iv]
The maximum overall height of letter groups (including upper and lower case letters) and graphic symbols shall be 18 inches. Where there is more than one line of letters and symbols, the combined height of letters and symbols shall not exceed 18 inches, including the span between the lines.
[v]
Such signs shall not be internally illuminated.
[vi]
The Code Enforcement Officer shall inspect, at least annually, each projecting wall sign regulated by this section for the purpose of determining compliance with all applicable laws, including ascertaining if the sign is safe and secure, if the sign complies with these regulations and if the sign needs to be removed or repaired. The fee for such inspection shall be set by the Village Board of Trustees.[1]
[1]
Editor's Note: See § A210-3N(18).
[3]
Color; materials; content.
[a]
Signs shall be in keeping with the architectural design of the building upon which they are placed, the design of neighboring properties and adjoining signs, and the character of Ardsley as predominantly a residential village.
[b]
Signs shall be limited to two colors, as approved by the Board of Architectural Review (BAR).
(b)
General regulations pertaining to window and interior signs.
[Amended 7-5-2006 by L.L. No. 3-2006]
[1]
Interior signs, other than permanently displayed signs showing principal place of business, must be neatly rendered and displayed and may not be displayed within 18 inches of any glass of a window or door unless they are signs that are permitted under either Subsection C(2)(b)[2] or Subsection C(2)(b)[3] below.
[2]
Each business establishment may display one temporary sign concerning either the business of the establishment or a noncommercial message within 18 inches of any glass of a window or door at any one time. Any such temporary sign shall be neatly rendered and displayed, shall be mounted on firm, flat material and shall be suspended or be displayed on a stand inside a window. Any such temporary sign shall not exceed four square feet and shall be included in the calculation of window coverage set forth in Subsection C(2)(b)[4] below.
[3]
No sign may be papered, taped, glued, painted upon or in any way directly affixed to the glass of a window or door unless it:
[Amended 5-21-2007 by L.L. No. 10-2007]
[a]
Is a permanently displayed sign approved by the Board of Architectural Review that either shows the principal place of business or provides information regarding services or products offered by the business; or
[b]
Is a sign concerning the hours of operation of the business (but no more than one such sign shall be displayed without approval by the Board of Architectural Review): or
[c]
Is a sign not exceeding 72 square inches concerning a payment system (such as credit or debit cards) accepted by the business; or
[d]
Is a temporary sign concerning a charitable, educational, not-for-profit or civic event; or
[e]
Is a sign required by law.
[4]
The combined coverage of all window signs and interior signs displayed within 18 inches of any glass of a window or door, including permanently displayed signs, shall not exceed 20% of the transparent area of the combined window and door area of the premises.
[5]
No more than two signs concerning charitable, educational, not-for-profit or civic events may be simultaneously displayed on the doors or windows of a business establishment. Such signs must be removed on the next business day after the event is scheduled to occur. Such signs shall not be included in calculating the area of coverage for window and interior signs. The combined size of any such signs shall not exceed three square feet.
[Amended 5-21-2007 by L.L. No. 10-2007]
[6]
Signs described in this subsection shall not be affixed to the exterior of a building or the exterior glass surface of a building.
(c)
General regulations pertaining to illuminated signs.
[1]
"Self-illuminated" shall mean the following for purposes of these regulations:
[a]
Type A: direct source wherein the light source itself is shaped and utilized to form the sign (e.g., neon or an array of individual lamps).
[b]
Type B: internal illumination wherein a translucent, transparent or opaque material which forms the sign is back-lighted by the light source and the light source is enclosed from direct view.
[2]
"Externally illuminated" shall mean the following for purposes of these regulations:
[a]
Type C: direct external illumination wherein the sign, whether on an opaque, transparent or translucent panel or applied to the window of the business establishment, is illuminated by ambient light.
[b]
Type D: indirect external illumination wherein the sign, whether on an opaque, transparent or translucent panel or applied to the window of the business establishment, is illuminated by ambient light.
[c]
The light sources providing illumination, shall be either an ornamental incandescent fixture mounted to the facade of the building with a maximum projection of 15 inches, or a concealed continuous strip with incandescent or fluorescent lamps mounted immediately adjacent to the plane of the building facade and enclosed, with a maximum projection of six inches.
[d]
All light sources for illuminated signs shall be:
[3]
Type A self-illuminated signs shall be prohibited on the building exterior.
[4]
A maximum of one illuminated sign (Type B, C or D), in lieu of a standard sign, identifying the name of the business, will be permitted per street facade whether on the exterior of the building, located in the window or within the interior arranged in a manner intended to be seen by passersby, subject to Board of Architectural Review approval.
[5]
Within 30 days after the adoption of these regulations, each business which desires to retain a self-illuminated sign in accordance with these regulations shall have submitted to the Village Clerk a three-and-one-half-inch-by-five-inch photograph of the sign which depicts its location on the building.
[6]
The use of a self-illuminated sign (Type A) that is in conformity with Subsection C(2)(c)[8] below, in a window or door, or within 18 inches of the interior of the glass, arranged in a manner intended to be seen by passersby, may be permitted, subject to the approval of the BAR, and shall be included in the calculation of window coverage set forth in Subsection C(2)(b)[4] above.
[Amended 7-5-2006 by L.L. No. 3-2006]
[7]
Metallic flashing or moving, lights, iridescent or intermittent and other similar illuminations are prohibited.
[8]
Neon signs of any kind are prohibited on the exterior of a building or within 18 inches of the glass of a window or door, except that a neon sign that was in actual use on July 1, 2006, and was installed in conformity with the Zoning Code and the regulations on signs that existed at the time of installation (a "permitted neon sign"), may continue to be used. Permitted neon signs may not be replaced in kind and, once removed, shall be replaced only with a sign conforming to the Zoning Code and these regulations. If any permitted neon sign shall require repair or maintenance as determined by the Building Inspector or the Code Enforcement Officer of the Village, or is otherwise repaired or replaced, to the extent of either 50% or more of the area of the sign or 50% or more of the replacement value of the sign, the repaired or replacement sign shall be removed by the owner of the premises or the operator of the establishment and shall be made to conform with requirements of this § 200-82C(2), including all permit procedures.
[Added 7-5-2006 by L.L. No. 3-2006]
(d)
General regulations pertaining to temporary signs.
[Amended 12-6-2021 by L.L. No. 11-2021]
[1]
A sign not exceeding an area of 16 square feet on each building or portion thereof and not illuminated, advertising only the prospective sale, lease or rental of the property, or of any business operated therein, on which the sign is erected or displayed, and such signs shall be displayed in the window of said building or portion thereof and shall be removed promptly upon the sale, lease or rental of the property or business.
[2]
One building contractor's or subcontractor's sign not exceeding 16 square feet in area and not illuminated, displayed on a lot on which a building or group of buildings is actually under construction with a valid work permit and only during such construction. Such sign shall not be placed within a distance of 20 feet from any side property line or three feet from the street front property line and shall not exceed six feet in height above ground level. Such signs shall be removed promptly upon the substantial completion of all work.
(3)
Public safety. No sign shall be erected or maintained which shall constitute a public hazard, a public nuisance or a fire hazard, and if any such sign shall not be repaired or removed after the owner or operator thereof has been ordered to do so by the Superintendent of Buildings, the Building Inspector, the Code Enforcement Officer or the Police Department of the Village of Ardsley, the Village Manager or his designee may cause its repair and/or removal and the cost thereof shall be charged to the owner or operator of the property.
(4)
Permit application requirements for all exterior signs, all illuminated signs and all permanent signs.
(a)
No exterior, illuminated or permanent sign shall be displayed, erected, enlarged, altered or relocated unless authorized by a sign permit. An application for a sign permit shall be made to the Building Inspector by submitting five copies thereof upon forms prescribed by the Board of Architectural Review and provided by the Building Inspector and shall be accompanied by the following documents:
[1]
A drawing of the sign, accurately depicting and dimensioning it as it would appear on the building, with a scale of not less than one-inch-equals-one-foot-zero-inches. The size and layout of letter forms and graphic symbols and the materials, colors and thickness shall be indicated.
[2]
Samples of each material and color to be used in the sign.
[3]
Photographs clearly showing the building facade in its entirety and that of the immediately adjoining building. One photograph should be a close-up showing the area where the proposed sign will be placed.
[4]
Consent to erection of the sign by the owner of the premises on which the sign is to be erected, if the applicant is not the owner.
[5]
Filing fee as prescribed.
[6]
Such additional documents as the Board of Architectural Review may request.
(b)
No sign permit shall be issued unless the application therefor is first approved by the Board of Architectural Review.
(c)
Application for a sign permit must be made for any new sign.
(5)
Effect of regulations on existing signs.
(a)
Existing permanently displayed interior or exterior signs showing principal name of business. One self-illuminating sign per facade which identifies the name of the business and/or the principal business activity or service provided, and which existed before these regulations were adopted, is permitted to continue, notwithstanding that it does not conform to the intent of the Zoning Code and these regulations for the future, provided that such sign was installed pursuant to a validly issued permit and that a photograph of such sign is submitted to the Village Clerk as set forth herein. Such signs may not be replaced in kind and once removed shall be replaced only with a sign conforming to the Zoning Code and these regulations. If any such sign is nonconforming and shall require repair or maintenance as determined by the Building Inspector or the Code Enforcement Officer of the Village, or is otherwise repaired or replaced, to the extent of the lesser of 50% or more of the area of the sign or 50% or more of the replacement value of the sign, the nonconforming sign shall be removed by the owner of the premises or the operator of the establishment and shall be made to conform with the requirements of this § 200-82C(2), including all permit procedures.
(b)
Existing window and interior signs. All nonconforming signs shall be removed by the owner of the premises or the operator of the establishment within 30 days of the adoption of these regulations.
(c)
It shall be the responsibility of the owner and/or operator of any business or entity located in any district in the Village, or the owner of the property containing such business or entity, that displays a sign or signs pursuant to this chapter, to remove such sign or signs from the building within 30 days after the cessation of such business or entity. Furthermore, the area of the building behind the sign shall be repaired to match the existing finish of the building except for illuminated box signs, where the sign panel shall be removed from the light box and an opaque panel with no lettering shall be installed in its place.
[Added 11-21-2005 by L.L. No. 6-2005]
(6)
Inspection. The Code Enforcement Officer or the Building Inspector shall be responsible for inspecting each sign regulated by this subsection.
(7)
Permit revocable at any time. All rights and privileges acquired under the provisions of this subsection are revocable and all sign permits shall contain this provision.
(8)
Enforcement; fines.
(a)
The Code Enforcement Officer and the Building Inspector shall have the authority to issue warnings and summonses to enforce these regulations. The offenses referred to herein shall be enforced on both a sign-specific and location basis, such that multiple offenses at a single location shall permit the Code Enforcement Officer or Building Inspector to issue multiple warnings and summonses and to assess a separate fine for each nonconforming sign.
(b)
The owner of the premises and the operator of the establishment shall be jointly and severally liable for compliance with these regulations and for all fines imposed hereunder.
(c)
For the first offense within a twenty-four-month period, the Code Enforcement Officer or Building Inspector shall issue a written notice of violation to the owner of the premises or to the operator of the establishment, or both, directing the recipient of the notice to remedy the violation within 15 days. If the Code Enforcement Officer or Building Inspector determines that there has been a second or further offense within a twenty-four-month period, the Code Enforcement Officer or Building Inspector may serve the person in violation with an appearance ticket or summons without first issuing a notice of violation or a written order of correction of the violation.
[Amended 7-5-2006 by L.L. No. 3-2006]
(d)
Any person committing an offense against any of the provisions of this subsection shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not less than $250 and not more than $2,000 for the first offense in a twenty-four-month period, not less than $500 and not more than $2,000 for the second offense in a twenty-four-month period, not less than $750 and not more than $2,000 for the third offense in a twenty-four-month period, and not less than $1,000 and not more than $2,000 for the fourth and subsequent offenses in a twenty-four-month period, or to imprisonment for a term not exceeding 15 days, or both. The twenty-four-month period shall commence on the date of the initial violation. Every violation of this subsection shall be a separate and distinct offense, and in the case of continued violation, every day’s continuance thereof shall be deemed to be a separate and distinct offense. A violation of this subsection shall constitute disorderly conduct.
[Amended 11-21-2005 by L.L. No. 6-2005; 7-5-2006 by L.L. No. 3-2006]
(e)
The Board of Architectural Review is hereby granted authority to review and determine all applications for sign permits.
(9)
Regulations pertaining to handbill advertising in residential and nonresidential zones.
(a)
No sign shall be erected or posted on any streetlight pole, telephone pole, tree, signpost or any other place on Village-owned or Village-controlled property unless authorized by the Village Manager of the Village of Ardsley or his designee, or unless posted or erected by a public utility for the safety or protection of life or property. All such signs now existing on Village-owned or -controlled property shall be removed within 30 days after this chapter becomes effective.
(b)
The Village Manager or his designee shall grant such permission if provided with the name, address and telephone number of the person(s) seeking approval for the sign and a copy of the sign.
(c)
Size. Signs shall not exceed an area of two square feet.
(d)
Installation and removal. Signs shall not be displayed earlier than 14 days prior to the scheduled commencement of an event being advertised and shall be removed within 48 hours after the scheduled conclusion of such event.
(e)
Signs installed without the permission of the Village and/or signs not timely removed, shall be removed by the Village and a fine of not more than $50 shall be assessed to the person(s) responsible for such signs.
D.
Dwellings on small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Board of Appeals shall permit erection of a dwelling on any lot in a residential district separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or width smaller than that required for a one-family dwelling.
E.
All uses in any business district, whether principal, incidental or accessory, including all storage but excluding off-street parking and loading, shall be carried on in fully enclosed buildings. Exception to this provision will be made on approval of the Board of Trustees which may, at its option, also require the approval of other Village boards. The criterion to be used by the Board are the same as those used the Zoning Board in § 200-97.
[Amended 10-21-1968; amended 12-17-1990 by L.L. No. 16-1990]
F.
Site plan review in the B-1, B-2, B-3, RO and CCH Districts.
[Added 12-18-2006 by L.L. No. 7-2006]
(1)
Approval required. The purpose of this subsection is to streamline the site development plan approval process in the Village of Ardsley by establishing procedures and standards for securing administrative approval of proposed change of use applications and minor site plan modifications involving property located in the B-1, B-2, B-3, RO and CCH Districts.
(2)
Where site development plan approval is required by the terms of this chapter or by resolution by the Village Board or Planning Board, no building permit shall be issued by the Building Inspector until such a plan has been approved by the Village Board or Planning Board. Furthermore, no certificate of occupancy or use shall be issued for such premises until all of the requirements of the Board's approval, including any conditions attached thereto, shall have been met. Continued conformance with such plan and requirements shall be a condition of the continued validity of the certificate of occupancy or use. Except as provided for in §§ 200-82F(3)(a) and 200-82F(4)(a) herein, revisions of such plans to reflect site development plan modifications, including but not limited to changes of use, shall be subject to these approval requirements.
(3)
Change of use.
(a)
Where a change of use from one permitted use requiring site development plan approval to another permitted use requiring site development plan approval is proposed for premises located in a business or industrial district, such change of use shall not require site development plan approval by the Village Board or Planning Board prior to the issuance of a building permit or a certificate of occupancy or use by the Building Inspector, provided that the following conditions have been satisfied:
[1]
There are no existing violations on the premises, whether or not of record.
[2]
The existing use of the premises shall be shown on a site development plan previously approved by the Village Board or Planning Board and recorded in the Village.
[4]
There shall be no enlargement of the existing building.
[5]
The proposed use shall not result in an increase in intensity of use that will affect the characteristics of the site in terms of access, traffic circulation, parking, pedestrian movement, loading and unloading, noise, stormwater drainage, water supply, sanitary sewage disposal or site lighting as determined by the Building Inspector.
(b)
If all of the above conditions can be met, the Building Inspector may, in his discretion, review and approve the proposed change of use in accordance with all other applicable provisions of this code, prior to issuing a building permit or a certificate of occupancy or use. If any of the above conditions cannot be met, site development plan approval by the Village Board or Planning Board shall be required. Irrespective of the foregoing, the Building Inspector is reserved the right to forward any and all applications pursuant to this section to the Village Board of Trustees for hearing and review.
(4)
Modifications to approved plan.
(a)
Where any other modification to a previously approved site development plan is proposed for premises located in a B-1, B-2, B-3, RO, or CCH District, such modification shall not require amended site development plan approval by the Village Board or Planning Board prior to the issuance of a building permit or a certificate of occupancy or use by the Building Inspector, provided that the following conditions are met:
[1]
There are no existing violations on the premises, whether or not of record.
[2]
The proposed modification(s) shall not involve the construction of building additions or the construction of any structural additions other than handicap access ramps, stairs, walks, decks or fences that do not violate the lot and bulk requirements of this chapter.
[3]
The proposed modification(s), including but not limited to the addition of proposed landscaping, shall not involve any changes that may conflict with recommended minimum sight line standards.
[4]
The proposed modifications shall not result in an increase of use that will affect the characteristics of the site in terms of access, traffic circulation, parking, pedestrian movement, loading and unloading, stormwater drainage, water supply, sanitary sewage disposal or site lighting.
[5]
The proposed modification(s) shall not involve any regulated wetlands, steep slopes or trees, as set forth in §§ 200-92 and 200-93. Irrespective of the foregoing, the Building Inspector is reserved the right to forward any and all applications pursuant to this section to the Village Board of Trustees for hearing and review.
(b)
If all the above conditions are satisfied, the Building Inspector may review and approve the proposed site development plan modification(s) in accordance with all other applicable provisions of this code prior to issuing a building permit or a certificate of occupancy or use. If any of the above conditions cannot be met, site development plan approval by the Village Board or Planning Board shall be required. Irrespective of the foregoing, the Building Inspector is reserved the right to forward any and all applications pursuant to this section to the Village Board of Trustees for hearing and review.
G.
The Board of Trustees may grant a special permit to property owners who, at the Village's request, transfer land to the New York State Department of Transportation, the Village of Ardsley or any other governmental agency or municipality for highway widening or improvement purposes, when such owner has waived all rights to compensation thereof. The special permit shall specify that all applicable setback, density and other bulk and area zoning requirements shall be calculated as if the transferred land had been retained. This provision shall apply to all pending and previously approved site plans. No special permit shall be granted unless the following findings are made by the Board of Trustees concerning the particular application:
[Added 8-1-2011 by L.L. No. 2-2011]
(1)
That, at the Village's request, the owner has transferred or has offered to transfer land to the New York State Department of Transportation, the Village of Ardsley or any other governmental agency or municipality for highway widening or improvement purposes.
(2)
That the transfer is for a public purpose and is in the public interest.
(3)
That the owner has waived all rights to compensation for the land transferred or to be transferred.
(4)
That the Board of Trustees finds that granting the special permit is necessary and desirable, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and shall be consistent with the provisions of § 200-97C(1) through (11).
(5)
In addition to all of the foregoing reasons, the Board of Trustees may grant the special permit provided in this chapter together with any fair market compensation when it is determined, in its sole discretion, that it is in the public interests and to do so would minimize the hardship and unique impact of such taking upon the property owner affected.
[Added 12-17-2012 by L.L. No. 6-2012]
H.
Public donation bins.
[Added 11-1-2021 by L.L. No. 9-2021]
(1)
Legislative purpose. The use of public donation bins for the collection of donated clothing, household items, toys and other goods for the benefit of religious, governmental, scientific, literary, sporting, educational or charitable not-for-profit organizations is beneficial to the general welfare of this community, provided that such bins are placed at suitable locations, are well maintained, and are operated for the true benefit of a designated not-for-profit organization. It is the intent of this section to regulate the placement and operation of public donation bins so they serve this declared purpose.
(2)
Permit required; conditions. No person shall cause or permit the erection, placement and/or maintenance of a public donation bin (PDB), on a site within the B-1 General Business District, B-2 General Business District or B-3 Shopping Center Business District where there is a permitted or special permitted public building or use, except as authorized by a permit that has been issued by the Building Inspector in accordance with the following conditions:
(a)
The PDB shall be placed outside of an enclosed building located on either an approved lot within the Business Districts or, within any other zoning district, on an approved lot on which the PDB's sponsor owns or operates a principal use that complies with the chapter.
(b)
The PDB shall not be located within the front yard portion of a lot.
(c)
The PDB shall not be located anywhere on a lot on which a residential dwelling is located.
(d)
The PDB is hereby identified as an accessory use and structure subject to all setback criteria for said use and structure as provided elsewhere in this chapter of the Village Code except as otherwise set forth in this section.
(e)
The PDB shall be placed upon a solid, dust-free surface and anchored.
(f)
The PDB shall be located so as to preserve adequate sight lines, on-site parking and driveway space, pedestrian access and any other elements determined by the Building Inspector to preserve safe and adequate vehicle and pedestrian circulation on the premises.
(g)
The PDB shall be entirely enclosed except for an opening that is the minimum size necessary to allow for the deposit of donations. There shall be a door used to access the PDB which shall be locked so that the contents may not be accessed by anyone other than those responsible for the retrieval of the contents. No PDB shall be allowed that involves a one-way trap-door device.
(h)
The maximum size of a PDB shall not exceed six feet wide by six feet long, nor exceed six feet in height.
(i)
Signs inviting donations may be placed on each of the sides of the public donation bin (PDB), provided that no such sign shall be placed on a side that faces a lot line of an abutting residential district. Each sign shall identify the PDB's sponsor and the charitable, religious, scientific, literary, sporting, educational or governmental purpose of the sponsor that will be advanced by donations to the PDB. Each sign shall also contain the current telephone number for the public to contact in the event said PDB is not being adequately maintained in the manner specified in Subsection H(2)(k) below. Such authorized signs shall not exceed two feet by four feet in dimension and shall not be illuminated.
(j)
Each PDB shall also be clearly posted with a sign that specifies what types of items may and may not be deposited therein.
(k)
Every PDB shall be maintained on a regular basis to prevent overflow, the accumulation outside the PDB of discarded items, deterioration or malfunction of the PDB, or other unsightly, unsafe or unhealthy conditions. There shall be no overflow of a PDB allowed. In the event of overflow, or other problem condition cited above, the Building Inspector shall immediately notify the contact person that is designated by the PDB's sponsor to correct the problem. All such problems shall be corrected within 24 hours of a violation notification. A permit issued for a PDB shall be revoked and the PDB removed within 48 hours of notice being provided if, within 24 hours after delivery of the third violation notice, the designated contact person fails to correct the problem condition or otherwise indicates by word, action or inaction that the sponsor is no longer willing or able to maintain the PDB.
(l)
There shall be a maximum of one PDB per property.
(3)
Permit form and content. The application for the permit for a PDB shall be made in writing upon a form prescribed by the Building Inspector that shall contain information sufficient for the CEO to determine whether the proposed PDB structure and use will comply with this section and chapter, including without limitation:
(a)
The name and contact information for the sponsor; and
(b)
A description of the not-for-profit status of the sponsor and the charitable, religious, scientific, literary, sporting, educational or charitable purpose to be served by the collection of items donated to the PDB; the name and contact information of the owner of the lot where the PDB is proposed to be located; the name and contact information of the sponsor's designated contact person who is responsible for the sponsor's maintenance of the PDB; and
(c)
Information on the dimensions, design, signage, and location of the proposed PDB.
(5)
Permit number; dates of issuance and expiration.
(a)
Permit number. Each approved application shall be given a dropoff bin permit number issued by the Building Inspector that shall be affixed to the bin as required elsewhere by this chapter.
(b)
A PDB permit shall be affixed to every public donation bin device used by a permittee for the collection and storage of new or used clothing, toys or other items, and the permit shall be affixed to the bin prior to placement of the bin.
(c)
The permit shall be placed on the same side of the bin as the chute used for the deposit of donated items. Upon the sale or transfer of a bin, a new permit shall be required and shall be affixed to the bin prior to placing it in service.
(d)
A permit issued under this section shall be valid from the date of issuance until February 28 of the following odd-numbered year.
(6)
Enforcement; penalties for offenses; injunctions.
(a)
The owner, lessee, or other person or legal entity in control of the property where a public donation bin is being maintained in violation of this section and the person or entity which owns, maintains, or operates a bin in violation of this section shall be jointly and severally liable therefor.
(b)
The Building Inspector is hereby authorized to issue summonses or appearance tickets, returnable to Village Court, for any violations of this section.
(c)
Additionally, the Village Attorney may, in an appropriate case, institute an injunction action in the name of the Village to assure compliance with the terms of this section.
(d)
Any person, owner, tenant, lessee and/or agent having a legal interest in the subject property who has upon his/her property a personal donation bin without a valid permit or which is overflowing or has items located on the ground around the bin shall be in violation of this section and punishable subject to the penalties for offenses set forth in § 200-104 of this Code.
(e)
All bins which have not received a permit within six months of the passage of this section shall be removed.
§ 200-83 House size.
[Amended 5-19-2003 by L.L. No. 4-2003]
A.
Legislative intent Economic and social changes, including changes in lifestyles, which have occurred since the time that most homes in Ardsley were built, have created a demand for significantly larger new homes, as well as the teardown and redevelopment and/or major expansion of existing homes. The Village Board hereby finds that the scale of these new or expanded homes has, in some cases, been out of character and scale with the neighborhoods in which they are located. Similarly, a combination of larger houses and increased land utilization for uses and structures accessory to such homes has caused excessive disturbance of the land, increased stormwater runoff and resulted in a reduction in green space, i.e., trees and other forms of vegetation. Such intensive development and increased stormwater runoff results in increased downstream flooding, erosion and sedimentation, as well as impacting the aesthetically pleasing parklike character of the Village's established neighborhoods. It is, therefore, the intent of the Village Board, consistent with relevant economic and social considerations, to establish reasonable controls on the size of new or expanded houses, as well as on impervious surface coverage, but to do so in a way that incorporates flexibility and good judgment into the process.
B.
Maximum house size. The following table establishes the basic permitted floor area for one-family dwellings on lots of the sizes indicated, irrespective of zoning district, in the Village of Ardsley. Notwithstanding these floor area standards, if any proposed dwelling is located on a lot that has a lot area which exceeds the minimum lot area requirements by more than 30%, such dwelling shall require Planning Board special permit approval pursuant to the standards and procedures as set forth in § 200-83D, unless such dwelling was made to comply with the basic permitted floor area of a lot that does not exceed the minimum lot area requirements by more than 30%. Further, the Planning Board is hereby authorized, by special permit and also pursuant to the standards and procedures as set forth in § 200-83D, to allow an increase in the basic permitted floor area for any one-family dwelling and its accessory buildings, not to exceed the maximum amount as shown in the following table:
[Amended 11-21-2005 by L.L. No. 6-2005; 11-5-2007 by L.L. No. 14-2007]
Lot Area (square feet) | Basic Permitted Floor Area for One-Family Dwellings and Accessory Buildings (square feet) | Maximum Permitted Floor Area for One-Family Dwellings and Accessory Buildings* (square feet) |
|---|---|---|
Less than 7,500 | 2,400 or 40% of lot area, whichever is greater | 2,760 or 46% of lot area, whichever is greater |
7,500 to 9,999 | 3,000 plus 24% of lot area in excess of 7,500 square feet | 3,450 plus 28% of lot area in excess of 7,500 square feet |
10,000 to 39,999 | 3,600 plus 8% of lot area in excess of 10,000 square feet | 4,150 plus 10% of lot area in excess of 10,000 feet |
40,000 or more | 6,000 plus 4% of lot area in excess of 40,000 square feet | 7,150 plus 5% of lot area in excess of 40,000 square feet |
Notes: |
|---|
* Subject to Planning Board special permit approval. |
C.
Gross land coverage. The following table establishes the basic permitted gross land coverage for one-family uses on lots of the sizes indicated, irrespective of zoning district. The Planning Board is, however, hereby authorized, by special permit and pursuant to the standards and procedures as set forth in § 200-83D, to allow an increase in the basic permitted gross land coverage for one-family dwelling lots, not to exceed the maximum amount as shown in the following table. Further, in either case, an additional 10 square feet of gross land coverage shall be permitted for each one foot of front yard setback in excess of the minimum required:
[Amended 2-21-2017 by L.L. No. 2-2017]
Lot Size (square feet) | Basic Permitted Gross Land Coverage for One-Family Dwelling Lots (square feet) | Maximum Permitted Gross Land Coverage for One-Family Dwelling Lots (square feet) |
|---|---|---|
Less than 7,500 | 2,500 or 40% of lot area, whichever is greater | 2,800 or 47% of lot area, whichever is greater |
7,500 to 39,999 | 3,000 plus 12% of lot area in excess of 7,500 square feet | 3,550 plus 14% of lot area in excess of 7,500 square feet |
40,000 or more | 6,900 plus 12% of lot area in excess of 40,000 square feet | 8,100 plus 14% of lot area in excess of 40,000 feet |
D.
Special permit standards and procedures.
(1)
Application. Each applicant for a special permit pursuant to this section shall submit, simultaneously to the Planning Board and to the Board of Architectural Review, site, building and landscaping plans, prepared by a properly qualified professional(s), accurately depicting the proposed location of the dwelling and any proposed accessory buildings, structures and/or uses on the site, including the following information, except where the submission of such information is waived by the Planning Board:
(a)
Topography with contours at a vertical interval of not more than two feet;
(b)
The location of any significant natural features such as wetlands, water bodies, rock outcroppings, steep slopes, and trees which are proposed to be removed or disturbed;
(c)
The location and use of existing structures on abutting properties;
(d)
Proposed architectural elevations of all building sides;
(e)
Proposed building and lot cross sections, if and as appropriate to illustrate the relationship of the proposed construction to the site's topography and to neighboring streets and properties;
(f)
A proposed landscaping and screening plan;
(g)
The name and address of the applicant, property owner(s) if other than the applicant, and of the properly qualified engineer, architect, landscape architect, surveyor and/or other professionals who prepared the application, including their certification that the plans and the building height, floor area, lot coverage and other calculations are correct; and
(h)
Such other information as the Planning Board or Board of Architectural Review may deem necessary or appropriate to assist it in arriving at a decision.
(2)
Procedure.
(a)
Within no more than 30 days of receipt of its copy of the application, the Board of Architectural Review shall complete and submit its report and recommendations to the Planning Board;
(b)
A public hearing shall be scheduled and conducted by the Planning Board within 45 days of the date that the application is received, unless such time limit is waived by the applicant; and
(c)
Notice of the hearing shall be advertised in the official Village newspaper at least seven days prior to such hearing, and all property owners of record within a distance of 200 feet from the boundary of the subject property shall be sent copies of such notice by certified mail, return receipt requested. The applicant shall submit proof of the publication of the notice and the mailing of all such notices prior to the start of the public hearing.
[Amended 11-21-2005 by L.L. No. 6-2005]
(3)
Standards and criteria. In reviewing such special permit applications, the Planning Board shall consider the legislative intent of the Village Board, as set forth in this chapter, and, in particular, the following:
(a)
The visibility of the proposed structure from neighboring streets and properties;
(b)
The present use and zoning of neighboring properties;
(c)
The character, interest and scale of proposed roof and building facade designs, including architectural features, materials and colors;
(d)
The nature and extent of proposed site disturbance, tree removal or other alteration of natural features;
(e)
The degree to which existing or proposed landscaping, house siting, grading and building design may serve to mitigate any potential adverse environmental impacts and/or visual impacts on neighboring streets and properties; and
(f)
Other such similar factors as may be determined appropriate by the Planning Board.
(4)
Planning Board decision. Based upon the above established standards and criteria, and taking into consideration the report and recommendations of the Board of Architectural Review as well as any other evidence submitted as a part of the public hearing, the Planning Board shall, within a maximum of 30 days from the date of the close of the public hearing unless such time period is extended with the consent of the applicant, act either to approve, disapprove or approve with required modifications any such special permit application. Required modifications may include reduction in the size of the proposed dwelling, its redesign or relocation on the site, the redesign and/or relocation of any other proposed accessory buildings, structures or uses on the site, the preservation of certain site features, the provision of additional landscaping or other such similar design changes. The Planning Board's decision with respect to any such special permit application shall constitute a final determination of the Planning Board. Aggrieved parties may seek relief pursuant to Article 78 of the Civil Practice Laws and Rules of the State of New York.
§ 200-84 Lot area.
A.
Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which said lot is located. Whenever such reduction in lot area occurs, any building located on said lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.
B.
Visibility at intersections. On a corner lot in any residence district no fence, wall, hedge or other similar structure or planting more than three feet in height above established grade shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.
§ 200-85 Yard requirements.
A.
Terraces. A paved terrace shall not be considered as part of any building in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other form of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet from any lot line.
B.
Porches. Any porch or similar structure shall be considered a part of the building in the determination of the size of yard or lot coverage.
C.
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
D.
Fire escapes. Open fire escapes may extend into any required yard not more than four feet, six inches.
E.
Front yard depth. In any residence district, each dwelling hereafter erected shall have a front yard at least equal in depth to the average depth of the front yards of the lots adjacent thereto on either side, but no front yard shall be less than 20 feet nor need any front yard have a greater depth than 40 feet.
F.
Reduction in rear yards. When a lot is less than 100 feet deep at the time of the passage of this chapter, such rear yard may be decreased 1/4 of the distance that the lot depth is less than said 100 feet; provided, however, that no rear yard shall be less than 15 feet in depth.
§ 200-86 Lots in two districts.
A.
District boundary. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the Zoning Board of Appeals may permit the extension of a use or structure into a more restricted district immediately adjacent thereto when, and to the extent that, it is evident that the portion of land in the more restricted district is physically unsuited for the more restricted purpose, provided that the lot has frontage on a street in the less restricted district, or if a business lot extends from a business street to a residential street, all business pedestrian or vehicular street access shall be from the business street.
B.
Business entrances on residential streets. Where a residential district is bounded by a portion of a business district, then any side street extending through such residential district into such business district shall not be used for any business purposes, except as herein set forth. The business structure erected in said business district shall face and open upon the street set aside for business purposes, and an entrance may be made at the corner of such business and residential streets, and all other entrances thereto must face on the business street.
§ 200-87 Side and rear yard transitions.
Where a lot in a business district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district, and 10 feet shall be set aside for ornamental plantings designed for concealment but not to exceed a height necessary for concealment of the business structure. This provision may be waived by the Zoning Board of Appeals if the business property is topographically lower by the height of one story or more than the residential area.
§ 200-88 Front yard transition.
Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business, the front yard depth in the business district shall be equal to the required front yard depth of the residential district.
§ 200-89 Corner lot transition.
On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on the side street.
§ 200-90 (Reserved) [1]
[1]
Editor's Note: Former § 200-90, Noncommercial livestock and poultry, was repealed 12-6-2021 by L.L. No. 12-2021.
§ 200-91 Street dedication.
[Added 5-7-1962]
Whenever, after December 20, 1959, the owner or owners of any property shall, while said property is located in a Residential District R-1, R-2 or R-3, convey and dedicate to the Village of Ardsley, New York, any portion thereof for use as a public highway or street, and such dedication shall be completed without litigation and by the adoption by the Board of Trustees of the Village of Ardsley, New York, of a resolution accepting such dedication, which resolution provides expressly that the grantors shall suffer no adverse effect under the Village of Ardsley, New York, Zoning Ordinance by virtue of such dedication, then:
A.
The remaining contiguous property of such owner or owners shall not be deemed nonconforming in any respect whatsoever, merely by virtue of such dedication;
B.
The owner or owners, and their successors in title, shall be entitled, in applying the provisions of Article III, § 200-8, and/or § 200-9; Article IV, § 200-16, and/or § 200-17; Article V, § 200-24, and/or § 200-25, to have the same applied as if the property so dedicated remained a portion of the property owned by such owner or owners;
D.
The owner or owners, and their successors in title, shall be entitled, as of right, to variances from the provisions of Article III, §§ 200-10 and 200-12; Article IV, §§ 200-18 and 200-20; Article V, §§ 200-26 and 200-28; and Article IX, § 200-85, without further showing of hardship, to the extent deemed necessary and appropriate by the Zoning Board of Appeals so as to avoid penalizing such owner or owners for such dedication.
§ 200-91.1 Adult entertainment uses.
[Added 3-18-1996 by L.L. No. 1-1996]
The Board of Trustees hereby finds that adult entertainment uses of property, by their very nature, have serious objectionable characteristics which can have a significant impact on the neighborhood and community in which they are located. The Board of Trustees further finds that: the uncontrolled proliferation of such uses would be inconsistent with the nature of the Village as a primarily residential, family-oriented community; such uses can contribute to the blighting or downgrading of neighborhoods in which they are located as a result of their related potential for an increase in crime and the undermining of the economic, moral and social welfare of the community; such uses can adversely impact the general health, safety and economic well-being of the entire community and, in particular, the children of the community; and the location of such uses in areas where children reside or may regularly assemble is of great concern to the Village of Ardsley. Therefore, it is the purpose of this section to prevent a concentration of these uses in any one area and to specifically reduce their potential accessibility to children.
A. ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT ENTERTAINMENT USE ADULT MOTEL ADULT MOTION-PICTURE THEATER MASSAGE MASSAGE ESTABLISHMENT MASSAGE TECHNICIAN SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, periodicals, recordings, films, videotapes/cassettes or other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas, and which establishment excludes minors by reason of age.
An establishment which presents topless and/or bottomless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainers and excludes minors by reason of age.
Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret or massage establishment, as those terms are defined herein.
A motel which is open to the public generally and makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would exclude minors by reason of age.
An establishment presenting material distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons, and which establishment excludes minors by reason of age.
A method of treating the external part of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
An establishment where massages are administered, excluding hospitals, nursing homes, medical clinics, offices of health care practitioners duly licensed by the State of New York and barbershops or beauty salons in which massages are administered to the scalp, the face, the neck or the shoulder. This definition shall also not include any volunteer fire department or volunteer rescue squad, or any nonprofit organization operating a community center, or other such educational, cultural, recreational or athletic facilities.
Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.
Any active masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
B.
Standards. The following standards shall control the location and operation of adult entertainment uses:
(1)
No more than one adult entertainment use shall be permitted on any lot and no such use shall be permitted within 300 feet of any other such use.
(2)
No adult entertainment use shall be permitted in any building used in whole or in part for residential purposes.
(3)
No adult entertainment use shall be permitted on any lot which is located within 300 feet of any lot used for residential purposes in a residential district.
(4)
No adult entertainment use shall be permitted on any lot which is located within 300 feet of any lot on which is located a school, place of worship, community center, public park, playing field or other area in which large numbers of minors regularly congregate.
(5)
No adult entertainment use shall be permitted within 300 feet of any school bus stop.
(6)
Adult entertainment uses shall comply with all other requirements of the Code of the Village of Ardsley, as well as all applicable town, county, state and federal laws and regulations.
(7)
All building openings, including doorways, windows, etc., shall be located, covered or screened in such manner as to prevent a view into the adult entertainment use from any public street, sidewalk or parking area.
(8)
As a condition to the issuance of site plan approval for any such adult entertainment use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises.
C.
Effect on existing uses.
(1)
Any adult entertainment use lawfully in existence on the date on which the provisions of this section become effective shall be permitted to continue, provided that such use is registered with the Village Building Inspector within 30 days of said date, and further provided that it is established to the satisfaction of the Village Building Inspector that such use complies with all applicable requirements as set forth herein.
(2)
Amortization.
(a)
Any adult entertainment use lawfully in existence on the date on which the provisions of this section become effective and which registers with the Building Inspector within the required 30 days but cannot establish to the satisfaction of the Building Inspector that said use complies with the requirements of this section shall be discontinued on or before the date specified in accordance with the following amortization schedule:
Capital Investment as of the Effective Date of This Section | Date Before Which Use Shall Terminate |
|---|---|
$0 to 25,000 | December 31, 1996 |
$25,001 to 50,000 | December 31, 1997 |
$50,001 to 75,000 | December 31, 1998 |
$75,001 to 100,000 | December 31, 1999 |
More than $100,000 | December 31, 2000 |
(b)
The owner of each such use shall specify, with appropriate documentation, the amount of its capital investment prior to registering such use with the Building Inspector.
(3)
Any adult entertainment use which fails to register with the Building Inspector within 30 days of the effective date of this section shall be entirely discontinued on or before June 30, 1996.
§ 200-91.2 Awnings and canopies.
[Added 10-20-1997 by L.L. No. 8-1997]
A.
No awning shall be erected, constructed, placed, maintained or changed in a nonresidential district unless the awning is in compliance with the provisions of this section and a building permit has been issued therefor.
(1)
Awnings shall be of the standard, barrel or hoop type designed and fabricated to conform to the shape and dimensions of window and doorway openings. Other configurations shall not be permitted except where specifically necessitated by an unusual window shape and approved by the Board of Architectural Review.
(2)
Awnings may be stationary or nonstationary (operable).
(3)
Operating arms and braces shall be fully concealed from end view when the awning is in an open position.
(4)
Awning material colors and signage shall be limited to two colors as approved by the Board of Architectural Review. Tints of the same color shall be considered separate colors. Metallic, iridescent, and bright colors are prohibited. The awning support and finished structure, mechanism and enclosure housing shall be of a neutral color, harmonious with the materials of the building facade and awning fabric.
[Amended 6-20-2016 by L.L. No. 3-2016]
(5)
Awning material shall be of fabric. The use of metal, plastic, solid vinyl or other rigid material is prohibited. Fabric shall be canvas duck or vinylcoated canvas.
(6)
The minimum height from the sidewalk to any part of the awning covering or its supporting frame when closed or extended shall be seven feet zero inches.
(7)
The awning, including the operating mechanism and enclosure housing (where of the nonstationary type), shall be installed in a manner which does not cover the wall surface or architectural features of the building facade. Generally, awnings shall be fitted and mounted within the frame of the window and door openings. Any overlap of the awning onto adjoining building surfaces where necessitated by the particular characteristic of the building facade shall be limited to six inches. Awning enclosure housings which are integrated and recessed within the window head construction are preferred.
(8)
Signs and lettering on awnings shall be subject to the requirements of this chapter regarding signs.
(9)
An application for a building permit for an awning shall include:
(a)
A drawing accurately depicting, to dimension, the store front and the awning (including lettering) in fully open position at a scale not less than one inch equals one foot zero inches.
(b)
A photograph clearly showing the building facade in its entirety and its relationship to immediately adjoining buildings. Polaroid and snapshot three-inches-by-five-inches photographs are acceptable.
(c)
A sample of awning fabric and colors shall be provided.
B.
Awnings existing on the date this section shall become effective may continue to exist and be used, though such existing awning does not conform with the provisions of this section, subject to the following:
(1)
All preexisting awnings shall be removed or replaced and rendered conforming with this section (including all permit requirements), by the owner of the premises or the operator of the establishment if the awning is nonconforming and requires repair or maintenance to the extent of the lesser of 50% or more of the area of the awning or 50% or more of the replacement value of the awning, as determined by a duly appointed official of the Village; or if the awning is nonconforming and the owner of the premises or the operator of the establishment changes the lettering of the awning or changes the name of the business.
C.
The Code Enforcement Officer shall inspect at least annually each awning regulated by this section for the purpose of determining compliance with all applicable laws, including ascertaining if the awning is safe and secure; if the awning complies with these regulations; and if the awning needs to be removed or repaired.
D.
Permit revocable at any time. All rights and privileges acquired under the provisions of this section are revocable at any time by the Board of Trustees, and all permits shall contain this provision.
E.
No canopy shall be erected, constructed, placed or maintained unless a special permit is granted by the Board of Trustees. The Board of Trustees shall consider an application for such a special permit only upon the joint recommendation for approval thereof by the Board of Architectural Review, Planning Board and Zoning Board of Appeals. For purposes hereof, a "canopy" is defined as a structure supported by columns or walls, made of cloth, metal, concrete or a similar material, intended or designed to provide shelter or to enclose persons or property.
F.
Enforcement; penalties for offenses.
(1)
The Code Enforcement Officer shall have the authority to issue warnings and summonses to enforce these regulations. The offenses referred to herein shall be enforced on both an awning-specific and location basis, such that multiple offenses at a single location shall permit the Code Enforcement Officer to issue multiple warnings and summonses and to assess a separate fine for each nonconformity.
(2)
The owner of the premises and the operator of the establishment shall be jointly and severally liable for compliance with these regulations and for all fines imposed hereunder.
(3)
For a first offense, the Code Enforcement Officer shall issue a written warning to the owner of the premises and to the operator of the establishment to correct the nonconformity within 30 days.
(4)
For a second and additional offenses, if the nonconformity which was the subject of a warning is not corrected within the applicable period, or if a new nonconformity is placed on the subject premises within the 30 days after the issuance of a warning, the Code Enforcement Officer shall issue a summons requiring the removal of the nonconformity and the violator(s) shall be liable for a fine of up to $250 for each offense and/or to be found liable as a disorderly person under the Penal Law.