Canajoharie Village
City Zoning Code
City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 157-19 Access to improved street required.
In any district, a lot to be used for building purposes shall have direct frontage on an improved street or highway or on a street in a subdivision plat approved by the Planning Board.
§ 157-20 Lots in two districts.
Where a district boundary line divides a lot in one ownership at the time of adoption of said district line, the regulations for the less restricted portion of such lot shall extend a minimum of 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 157-21 Drive-in food services.
Any drive-in food service building shall be located 60 feet or more from any public right-of-way. Such businesses where persons are served in automobiles shall be not closer than 200 feet to a residential district. Arrangements of ingress and egress of vehicles, lights, fences and screening shall be approved by the Board of Appeals in such a way as not to interfere with uses in the residential district.
§ 157-22 Accessory buildings.
A.
Number. On any lot intended or used primarily for residential purposes, an accessory building, such as private garage for use in connection with the principal dwelling, is permitted.
B.
Height. Maximum height of accessory buildings shall be one story or 15 feet, except that there shall be no height limitation on barns, silos and other farm structures.
C.
Location.
(1)
Accessory private garage buildings in residential districts which are not attached to a principal building may be erected within the rear yard in accordance with the following requirements:
(a)
Rear yard: five feet from side or rear property line, except when abutting an alley, then 10 feet.
(b)
Side yard (street side of corner lot): the same as for principal building.
(c)
Not closer to a principal or accessory building than 10 feet.
(2)
In any district, accessory buildings other than private garages shall comply with front and side yard requirements for the principal building to which they are accessory and shall be not closer to any rear property line than 10 feet.
D.
Attached accessory building in a residence district. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
§ 157-23 Standards for industrial uses.
[Amended 7-7-2020 by L.L. No. 4-2020]
All industrial uses shall comply with the following performance standards established to promote a clean and attractive environment, protect the community from potential hazards, and prevent depreciation of property values.
A.
Noise. Noise will be measured at the property line of the zoning lot on which the operation is located. Noise must be muffled so as not to become objectionable due to volume, intensity, proximity or duration or as set forth in the Village of Canajoharie Noise Control Regulations in Ch. 99, Peace and Good Order, Article II, Noise.
B.
Smoke and atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot where the industrial use is situated. The emission of smoke or any other atmospheric pollutant from any chimney or other source shall not exceed the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. In no case shall the emission of smoke or other particulate matter violate the applicable air resource regulations of the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR Parts 200 to 317.
C.
Wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream, or on or into the ground, except in strict conformance with Ch. 121, Sewers, Art. I, Use of Public and Private Sewers, and any standards approved by the New York State Health Department, the New York State Department of Environmental Conservation, or other duly empowered agency. All solid waste material, debris, refuse or garbage must be kept within an enclosed building or properly contained in closed or screened containers.
D.
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located. Any handling, storage or disposal of radioactive materials or waste by-products shall be in strict accordance with applicable state and federal requirements. No activities shall be permitted which cause electrical disturbance adversely affecting the operation of any electronic or telecommunications equipment beyond the property line unless state or federal regulation requires such operation to be permitted.
E.
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, New York State Department of Environmental Conservation regulations, as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be followed. Copies of SARA (Superfund Amendments and Reauthorization Act) forms filed with the Montgomery County Emergency Response Agency shall also be filed with the Village Code Enforcement Officer.
F.
Glare, heat and vibration. No glare, heat or vibration shall be produced that is perceptible beyond the boundaries of the lot on which the industrial use is situated.
G.
Landscaping. Landscaping should be used to define entrances to buildings, parking lots, and loading areas, as a buffer between land uses, and to provide screening for outdoor storage, loading and equipment areas. All open areas of any lot must be graded to provide proper drainage and, except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted groundcover in accordance with § 157-25B.
H.
Traffic and circulation.
(1)
Industrial uses shall provide safe and efficient patterns of vehicle circulation and access that connect to the existing or future street network within the community. On-site circulation shall have an adequate length of stacking for industrial facilities, e.g., loading docks, terminals, etc., that do not interfere with the movement of traffic (on or off site) and/or pedestrian areas.
(2)
Truck traffic shall be prohibited on certain streets in accordance with the Village of Canajoharie pursuant to the Vehicle and Traffic Regulations in § 145-39.
(3)
A traffic impact study may be required to determine utilization (wear) and circulation features of the site and cumulative effects beyond the subject property. The property owner will be responsible for excessive use and destruction of the public roadways caused by trucks or equipment from any activities associated with the industrial use.
I.
Site design.
(1)
Any new construction or substantial alteration of a building containing an industrial use shall conform with the architectural design standards set forth in § 157-25C.
(2)
To the maximum extent possible, primary building entry facades should be oriented in a manner that will help to provide a safe and attractive street edge; and structures should be oriented to screen outdoor storage areas from view from the street and adjacent areas.
(3)
Building styles and designs that visually enhance the industrial area and are consistent with the architectural character of the community are strongly encouraged. Blank, windowless walls facing public streets are discouraged. Breaks in building mass should be used to provide visual relief for long building facades. Changes in materials, textures and the utilization of other architectural enhancements at massing breaks are also encouraged.
(4)
Large parking lots should be internalized behind buildings and oriented away from street frontages so that they are not the dominant visual element at the front of the site. Large expansive paved areas are to be avoided in favor of smaller multiple lots separated by landscaping and buildings.
(5)
Adequate lighting should be compatible with and integrated into the building and landscape design. Lighting shall be designed, directed and shielded in such a manner that direct light does not leave the perimeter of the site and the nighttime sky is preserved.
(6)
All roof-mounted air-handling units or mechanical equipment shall be screened from view or disguised within a permanent architectural feature so as not to be visible from any public right-of-way.
§ 157-24 Dumps and junkyards.
No dump, junkyard or automobile-wrecking yard shall be established or maintained within 200 feet from any highway or property line. A permit for any such use shall be obtained from the Village Board subject to any regulations the Board may prescribe for the public health, safety and welfare and to any conditions that the Board may impose in connection with a particular permit. The storing or abandonment for a month or more of two or more unlicensed or unregistered motor vehicles, other than farm vehicles, not in operating condition shall be deemed to be a junkyard. Any of the uses referred to in this section shall be subject to the requirement that such dumping or junkyard will not be objectionable by reason of dust, fumes, odors, smoke, vermin or otherwise detrimental to the public health, safety or welfare and will not interfere with drainage so as to be injurious to adjacent land or buildings.
§ 157-25 General design standards.
[Amended 7-7-2020 by L.L. No. 4-2020]
A.
Signs.
(1)
Purpose. This subsection regulates the type, placement, appearance and physical dimensions of signs within the Village of Canajoharie. It is intended to protect property values, enhance and protect the physical appearance of the community, and to improve safety by reducing distractions, obstructions and hazards.
(2)
General sign requirements.
(a)
All signs shall be erected, constructed and located in a manner that does not obstruct traffic, movement or visibility and shall comply with all vehicle and traffic laws, as well as all applicable local, state and federal laws.
(b)
All signs shall be maintained in such condition so as to promote the health, safety and aesthetic character of the Village, and all sign finishes, supports and electric services shall be kept clean, neatly painted and free from hazards, including, but not limited to faulty wiring, loose supports, braces, guys and anchors.
(c)
All signs shall be compatible within the context of its visual and physical environment and designed to be consistent with the architectural character of the building or property on which it is placed, as well as the architectural character of the Village at large. Sign colors chosen from an historic color palette are highly encouraged.
(d)
Signs shall display a minimum of information to avoid clutter and confusion, and multiple signs shall be combined where practicable.
(e)
No permanent sign shall be placed, painted, or drawn on trees, rocks or other natural features, or on utility poles, bridges, culverts or other road or utility structures.
(3)
Prohibited signs. The following types of signs are prohibited in all districts:
(a)
Off-site billboards within Village limits, except where permitted by state or federal law;
(b)
Signs containing flashing, intermittent, rotating or moving lights or messages, except that electronic signs are permitted in Subsection A(4)(c)[4];
(c)
Signs with lighting devices of excessive intensity beamed or directed upon a public right-of-way or adjacent premises so as to cause a traffic hazard or other nuisance;
(d)
Neon signs, internally illuminated signs and portable channel letter signs;
(e)
Signs having moving parts, fluttering or revolving devices, or mirror-like surfaces;
(f)
Tethered, gas-filled, or airborne advertising devices.
(4)
Permitted signs.
(a)
The following types of signs are permitted in any zoning district and shall not require a sign permit, provided such signs also comply with the general requirements of this subsection:
[1]
House numbers and building identification signs mounted on a structure not exceeding one square foot in area;
[2]
Flags or insignia of any government which do not interfere with pedestrian or vehicular traffic or otherwise cause a safety hazard;
[3]
Traffic control and directional signs erected by the Village of Canajoharie, Montgomery County or the State of New York;
[4]
Any sign containing a trademarked logo or symbol that contains colors that are not included in an historical color palette may be incorporated into the sign, but the sign shall otherwise comply with general sign requirements, above;
[5]
Lit or neon signs indicating an establishment is "open," which do not exceed more than two square feet in area, and which are mounted on a main entrance door or front-facing window and comply with all other general sign requirements, shall be permitted.
(b)
In districts zoned R-1, R-2, R-3 and WD, the following types of signs are permitted and shall require a sign permit to be issued by the Village of Canajoharie Code Enforcement Officer:
[1]
One freestanding sign for any multiple residence, apartment building or allowable nonresidential use provided such sign shall not exceed 15 square feet in area or five feet in height from grade.
(c)
In districts zoned B-1, G-1, M-1 and PDD, the following types of signs are permitted and shall require review by the Village of Canajoharie Planning Board prior to issuance of a sign permit:
[1]
Freestanding signs not exceeding 32 square feet in area, less than eight feet in height from grade, and located no less than three feet from any sidewalk, or five feet from the edge of the street if there is no sidewalk.
[2]
Wall-mounted signs with the face of the sign oriented parallel to the building face not exceeding two square feet in area for each linear foot of building frontage.
[3]
Projecting signs with the face of the sign oriented perpendicular to the building face not exceeding 15 square feet in area, extending more than six feet from the building wall, or installed less than nine feet above grade.
[4]
Electronic signs with changing messages or that utilize digital or LED technology.
(5)
Temporary signs. Any nonpermanent sign that is designed to be displayed for a limited amount of time shall be considered a temporary sign, including but not limited to portable signs, sandwich board or A-frame signs, lawn signs placed in or on the ground, or signs affixed to the interior or exterior of a window. Temporary signs shall not require a sign permit, provided such signs comply with the following requirements:
(a)
No temporary sign may exceed eight square feet in area, or four feet in height from grade;
(b)
Temporary window signs shall not occupy more than 25% of the area of the window to which they are affixed;
(c)
No temporary sign may be displayed for more than 60 days, and shall not be removed for a short period of time and the same temporary sign replaced on display, without a permit from the Planning Board. (See also Subsection A(5)(g) below.)
(d)
No temporary sign may have its own illumination source;
(e)
No temporary sign may be placed in a road right-of-way, obstructing a sidewalk or in any manner that creates a public safety hazard;
(f)
No temporary sign may be affixed to trees, utility poles, bridges, culverts or other road or utility structures;
(g)
Temporary signs advertising the sale, lease, or rental of the premises upon which the sign is located shall be permitted, but shall comply with the following requirements: such signs shall not exceed eight square feet in area or 60 inches in height, and there shall be no more than two signs for each property so advertised. Anything greater than this in square footage or number of signs shall require a permit. All sale, lease or rental signs must be removed within one month from the date the premises were sold, leased or rented. All such signs must comply with the general sign requirements in this section.
(h)
Temporary portable signs, including portable channel letter signs, are prohibited as outlined in Subsection A(3)(d).
(6)
Nonconforming signs. Any sign lawfully erected prior to the effective date of this chapter that does not conform to the provisions and standards of this subsection, shall be deemed nonconforming. A nonconforming sign may be continued and maintained but it shall not be re-erected, relocated or replaced unless it is brought into compliance with all of the requirements of this subsection.
(7)
Discontinued signs. Any existing sign which no longer conveys a current message to the public, or advertises a business that has been discontinued or a service no longer available, shall be removed by the owner within 30 days after written notification from the Code Enforcement Officer.
B.
Landscaping.
(1)
Purpose. This subsection establishes general requirements and design standards for the installation of landscaping associated with new development within the Village of Canajoharie and are designed to: maintain the aesthetic appearance of the community and improve quality of life for Village residents; buffer potentially incompatible land uses from one another; improve stormwater management; and increase property values within the Village. All requirements in this subsection are minimum requirements, and provision of landscaping in excess of these requirements is highly encouraged.
(2)
Applicability. These landscaping standards shall apply to the following:
(a)
In the B-1, G-1, M-1 and PDD districts, any new construction or substantial improvement of a building or use requiring site plan approval, the cost of which exceeds 50% of the fair market value.
(b)
In the R-1, R-2, R-3 and WD districts, any new construction or substantial redevelopment of a building or use requiring a special use permit, the cost of which exceeds 50% of the fair market value.
(c)
Any change of use of an existing building that is subject to site plan approval and requires an increase of off-street parking or major parking area improvements.
(3)
Plan submittal. Landscaping plans shall be submitted to the Village of Canajoharie Planning Board for review and must comply with the following:
(a)
Plans shall clearly depict the landscape design in relation to its surroundings and shall include a to-scale drawing that clearly indicates all man-made and natural features which bear on the landscape, including the locations of all structures, parking areas, public streets and other such man-made features, as well as, all bodies of water, existing vegetation, and other natural features.
(b)
Plans shall include specific locations, varieties, sizes and planting details for all proposed plantings on the site.
(c)
Plans shall include a grading plan showing any slopes, berms, landforms, drains, and stormwater management facilities, if applicable.
(4)
General requirements.
(a)
All new development shall be generously landscaped to provide visual interest in all four seasons by including trees, conifers, perennials and bulbs.
(b)
Open space shall be designed as an integral part of the overall site design, and the preservation of mature trees, hedgerows, wetlands and woodlots shall be encouraged.
(c)
All proposed landscaping shall be in character with the community and designed to blend in with the prevailing scale and appearance of neighboring uses.
(d)
All trees and other landscaping installed in satisfaction of these regulations shall be healthy specimens, suitable for local climate conditions, and shall be installed consistent with sound horticultural practices. The use of native species is highly encouraged, and the use of invasive species as defined by 6 NYCRR Part 575, Prohibited and Regulated Invasive Species, shall be prohibited.
(e)
Any landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section.
(5)
Required landscaping.
(a)
Landscaping shall be required to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses. In addition to the minimum setbacks required in Schedule B: Area and Bulk Regulations,[1] a suitable landscape buffer shall be required where dissimilar land uses are located adjacent to each other. The type and extent of plantings shall be approved by the Planning Board, and shall be proportionally greater for increased degrees of incompatibility among adjacent land uses.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(b)
New parking facilities shall be landscaped to screen from public view and minimize the unsightliness of parked cars, and shall comply with the following requirements:
[1]
All parking lots with more than 20 spaces shall have a minimum of 10% landscaped area.
[2]
Any parking lot located adjacent to and visible from a public right-of-way shall be separated from the street by a landscaped island or planting strip.
[3]
Continuous rows of parking consisting of 15 spaces or more shall be separated by a landscaped island or planting strip, unless demonstrated not to be practical due to lot configuration.
(c)
Any landscaping installed in accordance with this subsection shall be of good quality and meet the most current American Standard for Nursery Stock (ANSI Z60.1) published by the American Association of Nurseryman. The minimum plant size shall be specified in the landscape plan and approved by the Planning Board. All landscaping material, except trees, shall be of a sufficient size at the time of planting to reach maturity within three years.
C.
Architectural design.
(1)
Purpose. The Village of Canajoharie includes a concentration of historic buildings, structures and sites united historically and aesthetically by their physical development, and which embody the distinctive characteristics of multiple architectural types, styles and methods of construction. Most of the Village is a designated historic district that was added to the National Register of Historic Places in 2015. This subsection includes architectural design standards intended to preserve the exterior appearance and character of the Village's historic structures, promote economic development through the enhancement of its attractiveness to visitors, protect property values, and ensure that future growth and development is harmonious, orderly and efficient.
(2)
Applicability. These design standards apply to new construction or exterior renovation of structures or uses requiring site plan approval or the issuance of a special use permit by the Village Planning Board within the B-1, G-1, M-1 and PDD zoning districts.
(3)
Submission requirements. In addition to any required application materials, any action that is subject to the standards set forth in this subsection shall submit the following supplemental material to the Village of Canajoharie Planning Board for its review:
(a)
Photographs of the site and surrounding area, including all existing buildings on the property.
(b)
Building elevations which specify all proposed demolition and construction work, including exterior materials, changes or transitions in materials, lighting, signs, awnings and similar facade improvements.
(c)
A rendering or illustration showing what the completed project would look like if viewed from the street as a pedestrian.
(d)
Any of the above requirements may be waived by the Planning Board if determined to be a hardship or not applicable to the project being reviewed.
(4)
Design standards.
(a)
Renovation of existing buildings.
[1]
Any exterior alterations or new additions shall not destroy historic materials, features and spatial relationships that characterize a building, structure or property. Distinctive historic or architectural features, finishes, and materials shall be preserved whenever possible. New additions shall be compatible with the size, scale, proportions and massing of the original structure and shall utilize materials and finishes that match the old in design, color, texture and other visual qualities.
[2]
Any renovations or alterations to an existing facade should include reasonable attempts to preserve the original building design and features by removing cladding, panels, signboards or similar additions which conceal the original building design underneath.
[3]
Deteriorated historic features shall be repaired rather than replaced whenever possible. Where the severity of deterioration requires replacement of a distinctive feature and/or material, the new feature and/or material shall match the old in design, color, texture and other visual qualities.
[4]
Upper-story windows of existing buildings shall be uncovered and reopened whenever feasible to maintain historic character. The original spacing, pattern, size, and location of existing windows shall be preserved.
(b)
New construction.
[1]
New construction shall be compatible with any preexisting building patterns found in adjacent or nearby buildings with regards to massing, height, scale, form and setbacks.
[2]
The height of new buildings should attempt to coordinate common heights and facade lines with immediately adjacent buildings.
[3]
New construction shall place as much of the building width at the front of the lot as possible to maximize front facade exposure and maintain the street wall. The front facade shall be kept parallel to the street.
[4]
The primary entry on all new construction shall be easily identified, scaled appropriately to the size of the building and face the street.
[5]
New construction located at corner intersections shall place a majority of the building mass at the corner and/or wrap the corner by continuing facade elements, such as the cornice, on all street elevations.
[6]
New construction shall utilize quality materials and colors that are compatible with those found in existing buildings. The context of the historic nature of the area shall be considered when choosing materials and colors. Natural building materials such as brick, stone, and wood are preferred, and natural colors selected from an historic paint palette are highly encouraged.
[7]
All required off-street parking areas shall be located at the side or rear of the building where practical, and should be located next to adjacent existing parking lots to provide shared parking opportunities.
[8]
Air handling units, condensers, satellite dishes and other equipment placed on a roof must be screened from view or disguised with a permanent architectural feature so as not to be readily visible from the street or waterway.
[9]
The use of landscaping methods, such as low walls, hedges and tree rows, shall be used to help maintain and reinforce a consistent street wall in areas where there are no building facades.
(5)
Maintenance and repair.
(a)
Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a building, structure or property which does not involve a change in design, material or outward appearance.
(b)
All properties shall be kept in a state of good repair in accordance with the provisions of Chapter 105 of the laws of the Village of Canajoharie (Property Maintenance Law). No owner or person with an interest in property shall permit the property to fall into serious disrepair, so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the neighborhood in which it is located.
D.
Outdoor storage.
(1)
Outdoor storage associated with commercial and industrial uses in the B-1, G-1, M-1 and PDD zoning districts is permitted as an accessory use to the main operation subject to the issuance of a special permit from the Planning Board.
(2)
Outdoor storage areas must be on the premises of the business or in close proximity to the premises, and shall be located so as to minimize views from adjacent public rights-of-way, including Interstate 90. Where possible, they should be located behind buildings, away from streets, and obscured from public view to the maximum extent possible.
(3)
Outdoor storage areas must be screened on the perimeter with a minimum eight-foot-high solid fence or wall. The fence or wall must conceal the entire area of storage from public view on all four sides and must be of a suitable color and material as determined by the Planning Board to complement the existing building structures on the property. Gates shall be the same color, material and height as the fencing. Chain link fence is not permitted, unless it is sufficiently screened by landscaping or other material as determined by the Planning Board.
(4)
Landscaping must be installed in front of all fencing on the visible exterior sides which abut a public right-of-way to soften the visual impacts of the fencing and to further screen the outdoor storage areas.
(5)
All outdoor storage material must be stored in an orderly manner such that fire codes are met (i.e., access lanes) and access to all areas of the yard is possible.
(6)
Temporary huts, tents or other nonpermanent enclosures are not permitted to be used for outdoor storage.
(7)
All vehicles, trailers and equipment stored outdoors in connection with a commercial or industrial use must have a valid registration. Unenclosed outdoor storage of unregistered or unlicensed vehicles, trailers or equipment is prohibited.[2]
[2]
Editor's Note: Former § 157-25.1, Environmental design standards, added 6-20-2017 by L.L. No. 2-2017, which immediately followed this section, was repealed 7-7-2020 by L.L. No. 4-2020.