Clifton Springs Village
City Zoning Code
City Zoning Code
PART 5
Development Standards
§ 120-50.1 Purpose and intent.
The intent of this article is to articulate a set of performance standards to prevent unreasonable, disturbing, and unnecessary nuisances and reduce potential negative impacts related to sound, vibration, odor, toxic matter, heat, dust, and smoke or other potentially offensive elements within the Village in an effort to preserve the public health, safety, and welfare of the community while fostering a high quality of life for Village residents.
§ 120-50.2 Noise associated with a use.
Sound levels. The maximum permissible sound pressure levels of any permitted or specially permitted use shall be as herein established for the district listed in Table 50-1 of this article. This includes, but is not limited to, sound from such activities as productions, processing, cleaning, servicing, testing, operating, or repairing either vehicles, materials, goods, products or devices. Sound pressure levels in excess of those established for the districts of the Village shall constitute prima facie evidence that such sound is an unnecessary noise.
Residential districts. Where any use is adjacent to a residential or mixed-use district at any point at the district boundary, the most restrictive district level limit shall apply.
Measurement of sound. Sound pressure levels shall be measured at the approximate location of the property line or at the boundary of the public right-of-way, at a height of at least four feet above the immediate surrounding surface. Such measurements should be made on a sound level meter of standard design and operated on the "A" weighting network designed for the level limits listed in Table 50-1.
Table 50-1: Sound Levels | ||
|---|---|---|
District | Level Limit [dB(A)] | 11:00 p.m. - 7:00 a.m. |
Level Limit [dB(A)] | ||
Residential | 60 | 55 |
Commercial | 70 | 65 |
Industrial | 80 | 75 |
Exemptions. The following sounds shall not be deemed to be a violation of this chapter:
Sounds created by religious institution bells or chimes.
Sounds created by any government agency by the use of public warning devices.
Sounds created by public utilities in carrying out the operation of their franchises.
Sounds connected with events of any public or private educational institution, or a Village-authorized event, concert, carnival, fair, exhibition, or parade.
Sounds created by funeral processions, the use of amplifiers for political or athletic events, or other official law enforcement activities.
Sounds connected with agricultural uses.
Sounds created by the proper use of domestic power equipment rated five horsepower or less when used within the least-restrictive time period of 7:00 a.m. to 11:00 p.m.
Sounds created by the discharge of firearms for the purposes of hunting during the hours permitted by state and local law.
§ 120-50.3 Vibration.
Any operation which creates intense earthshaking vibration, e.g., heavy drop forges and heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.
§ 120-50.4 Odor.
No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted. Agricultural uses protected under the New York State Agriculture and Markets Law shall be exempt from this provision.
§ 120-50.5 Toxic matter.
No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property or business shall be permitted.
§ 120-50.6 Heat.
No direct or reflected heat shall be detectable from any residential or commercial district boundaries.
§ 120-50.7 Dust and ash.
No solid or liquid particles shall be emitted in such quantity as to be readily detectible at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.
§ 120-50.8 Smoke.
No smoke shall be emitted in such quantity as to become a nuisance.
§ 120-51.1 Intent.
The intent of the following standards is to:
Ensure that any parking area or facility is designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjacent properties from nuisances caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles;
Reduce congestion on the street network in the Village;
Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of the property;
Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel; and
Ensure safe, well-planned multimodal access can be made to all commercial and residential properties within the Village while minimizing potential vehicular and pedestrian conflicts.
§ 120-51.2 Applicability.
In all districts, at any time a building, structure, or use of land is erected, established, altered, extended or changed in use or occupancy, there shall be provided for every use off-street parking, loading and access facilities as set forth below as a condition precedent to occupancy of all buildings or land. Off-street parking, loading and access facilities conforming to the requirements of this article shall be provided as follows:
New or moved buildings and uses. Parking and loading facilities, as required, shall be provided for all buildings and uses constructed, established or moved to new sites.
Increase in intensity of use. An increase in the intensity of use of a building or premises shall mean the addition of dwelling units, gross floor area, occupancy or any other unit of measurement used as a basis for determining required parking and loading facilities. Additional parking and loading facilities, as required, shall be provided for any such increases in an existing use.
Change in use. When the use of any building or premises is changed to a different use, parking and loading facilities, as required, shall be provided for the different use.
Existing facilities. Off-street parking and loading facilities in existence on the effective date of this article shall not be reduced below, or if already less than, shall not be further reduced below the requirements for an equivalent new building or use. In no case shall it be necessary to continue parking and loading facilities in excess of those required by this article.
Nonconforming parking and loading facilities. A building, use or occupancy lawfully existing at the time this article or any amendment thereto becomes effective, but which does not conform with the off-street parking and loading requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of this article. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of this article.
Vehicle reference. The term "vehicle," as used in this section, shall include, but not be limited to, automobiles, motorcycles, trucks, recreational vehicles, campers and trailers, including recreational and boat trailers.
§ 120-51.3 General requirements.
Off-street parking and loading facilities required by this article shall conform to the following requirements:
Location of spaces.
All parking spaces and loading spaces shall be on the same lot as the use they are intended to serve unless otherwise specified in this chapter. With Planning Board approval, uses within 400 feet of a municipal parking lot or designated on-street parking may be wholly or partially exempt from the off-street parking requirements within the Village Center District.
Parking areas should not be located within 10 feet of a residential district.
Loading areas should not be located within 50 feet of a residential district.
Parking and loading areas may not be located within 10 feet of street frontage unless proper screening or decorative fencing is installed.
Off-street parking and loading spaces in commercial and industrial districts may be provided in any side or rear yard unless prohibited elsewhere in this chapter. Off-street parking and loading spaces shall not be located in any front yard.
Off-street parking spaces in residential districts may be provided in any yard space except front yard space. However, parking in front yard space shall only be allowed on a hard-surfaced driveway compliant with Table 51-4 of this article, provided that the parking of such vehicle does not obstruct the view of oncoming traffic.
Areas computed as off-street parking or loading space.
Areas that may be considered as off-street parking space include any private garage, carport or other area available for parking other than a street, entrance and exit lanes, or driveway. No vehicle shall be parked or stored in any required fire lane.
For single-family, two-family, and mobile homes, no more than 50% of the lot width for lots less than 60 feet in width or 33% for lots equal or greater than 60 feet may be used for parking.
Required improvements. Off-street parking and loading facilities required by this article, serving three or more residential dwelling units on a single lot as well as all nonresidential uses, shall conform to the following requirements:
Paving. All parking and loading facilities shall be hard-surfaced concrete or asphalt paved and maintained in good condition. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and must be permanently marked.
Marking. All parking and loading facilities shall be clearly marked with a minimum painted strip of four inches in width.
Drainage. Parking and loading facilities and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff.
Curbing. All perimeter landscaping shall include concrete, masonry or metal barriers to contain and/or protect landscaping materials.
Wheel stops. In locations where curbing is not required, wheel stops shall be used. Wheel stops shall be provided adjacent to any building, wall, fence, walkway, landscaped area or property line to protect people, property and other vehicles. The wheel stops shall not be placed less than 18 inches in from the front of the parking space.
Fire lanes. Parking facilities shall be constructed in such a way to accommodate emergency vehicle access as required by the Village Fire Department.
Pedestrian walkways. All parking lots which contain more than 25 spaces, including access lanes and driveways, must include a clearly identified pedestrian route from the parking area to the main building entrance and to the public sidewalk along the street.
Parking spaces for the handicapped. Parking facilities shall comply with the requirements of the New York Uniform Fire Prevention and Building Code. Each such space may be included in the computation of required number of spaces by use.
Operation and use of parking facilities. Required parking facilities shall be used exclusively for the temporary parking of passenger vehicles or light trucks of patrons, occupants or employees of the structure or use to be served. Required parking facilities shall not be used to satisfy the requirements for loading facilities nor for the sale, display, rental or repair of motor vehicles.
Separation between spaces and dwellings served. All parking spaces in an open parking facility shall be separated from dwelling unit walls on the same lot if the walls contain windows, other than garage windows, that are on the same or approximately the same level as the parking facility. The separation shall be at least 10 feet in width, of which 1/2 shall be unpaved.
Landscaping, screening, and buffer regulations. Off-street parking areas shall be screened in accordance with the landscaping, screening and buffer regulations specified in Article 54 of this chapter.
Lighting. All parking and loading areas and their appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated in conformance with the lighting standards in Article 55. Adequate shielding shall be provided by uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
Snow removal. For off-street parking and loading areas greater than 20 spaces, a dedicated area independent of required parking and loading spaces for the placing and storage of snow shall be required.
§ 120-51.4 Joint and shared parking facilities.
Joint parking facilities. The collective provision of off-street parking areas by two or more buildings or uses located on the same lot or adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
Shared parking facilities. Shared off-street parking for two or more uses that are located on the same lot or share a common property boundary and have different peak parking demands or operating hours may be permitted, provided that:
Parking is located within 400 feet of buildings/uses it is intended to serve.
The applicant demonstrates that the uses have different peak-hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.
A shared parking agreement is drafted documenting the joint use and must be reflected in a deed, lease, contract, easement or other appropriate legal document.
A maintenance agreement is drafted documenting the responsibility of each user in the maintenance and upkeep of said shared parking facilities.
§ 120-51.5 Parking facility design standards.
Aisle widths. Aisle widths shall follow the minimum dimensions of Table 51-1 below:
Table 51-1: Minimum Aisle Widths | ||
|---|---|---|
Angle of Parking | Minimum Aisle Width | |
2-Way Traffic (feet) | 1-Way Traffic (feet) | |
90° parking | 24 | 22 |
60° parking | 23 | 18 |
45° parking | 21 | 13 |
Parallel parking | 19 | 13 |
Size of parking spaces. The size of the parking spaces shall follow the minimum dimensions of Table 51-2 below, and each space shall be separated by four inches from an adjoining space.
Table 51-2: Minimum Size of Parking Spaces | ||
|---|---|---|
Angle of Parking | Minimum Width (feet) | Minimum Length (feet) |
90° parking | 9 | 18 |
60° parking | 9 | 18 |
45° parking | 9 | 18 |
Parallel parking | 8 | 22 |
§ 120-51.6 Access management.
[Amended 7-13-2020 by L.L. No. 4-2020]
The purpose of this section is to assure proper and well-planned access roads and driveways that provide safe traveling conditions for both vehicles and pedestrians to surrounding neighborhoods. It is the intent of the Village of Clifton Springs to make sure that safe access can be made to all properties while minimizing potential traffic and pedestrian conflicts.
Access roads and driveways. Access road development shall apply to all districts with adjoining property boundaries where points of ingress or egress are separated by a distance of less than 500 feet and shall conform to the following standards:
The Village Engineer or his or her designee shall review all access roads and driveways to ensure the safety and welfare of the public. The Village may engage the services of other engineers, planners, or other professionals to assist in such review, all costs at the expense of the applicant.
Shared access agreements will be required by the first developer and/or owner of a site and shall be established in a continuum to adjoining properties as a contingency of site plan approval.
All direct access driveways to public highways shall be minimized and meet or exceed the minimum spacing requirements, excluding single-family residences, listed in Table 51-3 below. Minimum driveway spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway.
Table 51-3: Minimum Driveway Spacing | |
|---|---|
Speed Limit | Minimum Spacing (feet) |
35 MPH or less | 150 |
36 to 44 MPH | 250 |
45 MPH or greater | 500 |
Each site shall have an access driveway into the parking area that complies with the dimensions of Table 51-4 below:
Table 51-4: Access Driveway Dimensions by Use | ||
|---|---|---|
Use | Minimum Width (feet) | Maximum Width (feet) |
Single-family | 10 | 20 |
Multifamily | 16 (combined drive) | 20 |
All other uses | 12 (1-way) 20 (2-way) | 30 |
All parking spaces, except those required for single- or two-family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.
No driveway providing access to an off-street parking area shall be located closer than 60 feet to the intersection of public streets.
Driveway permit required. The paving of new driveways or driveway expansions in any residential district shall require the issuance of a driveway permit by the Village's CEO, unless otherwise approved by the Planning Board as part of the site plan review process. Driveway permit applications shall consist of a to-scale drawing of the parcel indicating the location and dimensions of the proposed driveway. Said driveway application shall be submitted to the CEO on forms provided by the Village Clerk and shall be accompanied by a current survey map completed by a professional land surveyor depicting the proposed location and dimensions of the driveway. Proposed driveways or driveway expansions must meet the following requirements in order to be considered for approval:
The driveway shall be at least one foot away from side and rear property lines;
The driveway shall not cause the parcel's total lot coverage to exceed the maximum amount permitted as stated in Article 20 (Residential Districts);
The driveway width must be in conformance with Table 51-4, Access Driveway Dimensions by Use; and
The paving of said driveway shall not obscure or in any way alter existing public sidewalks.
Pedestrian access. The purpose of this section is to preserve walkability and promote the health, safety and general welfare of the Village of Clifton Springs by regulating issues pertaining to pedestrians.
All new development shall provide for sidewalk access in front of their property and tie into all existing sidewalks. Sidewalks shall conform to Village of Clifton Springs Code § 100-14.
All sidewalks shall be concrete.
Sidewalks may be installed on one or both sides of the street or road as the Planning Board may require, depending upon local conditions of public safety. The Planning Board will notify the developer, in writing, after the sketch plan has been reviewed by the Board.
All off-street parking shall be located behind all buildings to create a more pedestrian-friendly environment. Alleys shall link rear-parking areas in order to minimize curb cuts (this is recommended for the site plan review).
Benches, trash receptacles, bike racks, and drinking fountains should be provided at regular intervals along sidewalks to enhance pedestrian friendliness and a village-like atmosphere. Site amenities shall reflect the desired character of the Village.
Streets shall be developed with sidewalks, lighting and street trees, and on-street parking on one side only, in order to create a pedestrian, village-like character in the district.
To increase pedestrian safety, a planting strip of approximately four to six feet should be located between the sidewalk and the street. This area can be planted with street trees to provide shade and further enhance the sense of protection. The planting strip also provides space for snow storage off the sidewalk in the winter and prevents driveway ramps from tilting the sidewalk.
§ 120-51.7 Minimum parking space requirements.
The minimum number of parking spaces for all uses and structures shall be provided in accordance with Table 51-5.
Table 51-5: Minimum Parking Space Requirements by Use | |||
|---|---|---|---|
Use Classification | Minimum Parking Requirement | ||
A. | Residential | ||
Single-family dwelling | 2 per dwelling unit | ||
2-family dwelling | 2 per dwelling unit | ||
Multifamily dwelling, studio – 1-bedroom | 1 per dwelling unit | ||
Multifamily dwelling, 2- – 3-bedroom units | 2 per dwelling unit | ||
Senior housing | 1 per dwelling unit | ||
Boardinghouses | 2 spaces + 0.5 per rooming unit | ||
B. | Government/Cultural/Educational | ||
Schools, elementary and intermediate | 1 per employee + 2 per classroom | ||
Schools, secondary | 1 per 10 students + 1 per employee + 2 per classroom | ||
Schools, occupational/skill training | 1 per instructor + 1 per 3 students | ||
Religious institution | 1 per 3.5 seats | ||
Community center | 6 per 1,000 square feet | ||
Library | 2 per 1,000 square feet | ||
Auditorium | 1 per 3.5 seats | ||
Private club | 8 per 1,000 square feet | ||
Recreational: | |||
Bowling alley | 2 per lane | ||
Skating rink | 1 per 5 persons (based on capacity) | ||
Swimming pool | 1 per 4 persons (based on capacity) | ||
Tennis club | 3 per court | ||
Day care or nursery | 1 per 6 enrolled + 1 per employee | ||
Hospital | 1 per bed + 1.5 per employee (during maximum shift) | ||
Medical clinic, medical office | 5 per 1,000 square feet | ||
Nursing home | 1 per 2 beds + 1.5 per employee (during maximum shift) | ||
C. | Commercial/Retail | ||
General retail | 3 per 1,000 square feet | ||
Food store | 5 per 1,000 square feet | ||
Convenience store | 5 per 1,000 square feet | ||
Home occupations | Maximum of 2 spaces, in addition to residential requirement | ||
D. | Service | ||
Bank | 2 per 1,000 square feet | ||
Drinking establishment/tavern/nightclub | 5 per 1,000 square feet | ||
Bed-and-breakfast | 2 spaces + 1 per guest bedroom | ||
Barbershop/beauty salon | 1.5 per chair | ||
Dry-cleaning/laundromat | 2 per 1,000 square feet | ||
Hotel/motel | 1 per room + 1 for every employee on a single shift | ||
Funeral homes | 10 per 1,000 square feet | ||
Office, professional or business | 3 per 1,000 square feet | ||
Restaurant, carry-out | 2 per 1,000 square feet | ||
Restaurant, drive-through | 1 per employee + 4 per 1,000 square feet | ||
Restaurant, sit-down | 5 per 1,000 square feet | ||
E. | Vehicle-Related | ||
Vehicle repair/service or gas station | 2 per bay | ||
Vehicle sales | 2 per employee | ||
Vehicle rental | 1 per 1,000 square feet of floor area | ||
Car wash | 1 per employee | ||
F. | Industrial/Manufacturing | ||
All uses | 1 per employee during maximum shift | ||
Should the minimum parking space requirement result in a fractional number of spaces based on the previous calculations, the requirement shall be rounded to the next-highest whole number.
The maximum number of parking spaces allowable is not to exceed 125% of the requirement as outlined in Table 51-5 of this article, unless otherwise approved via special permit by the Planning Board.
Where no requirement is designated, and the use is not comparable to any of the listed uses, parking requirements shall be determined by the Planning Board based upon the capacity of the facility and its associated uses. The Planning Board may consult with any other board, commission, department, agency, and/or official it deems advisable. The Planning Board may also engage the services of engineers, planners, or other professionals to aid in its determination. The applicant shall reimburse all costs incurred by the Board for such professional services to the Village.
The Planning Board may require off-street parking spaces in addition to those required by this article in order to protect the health, safety, and general welfare of the public.
A not-for-profit recreational facility extension shall not be required to provide any parking spaces when it is located within 500 feet of a preexisting recreational facility that is owned and operated by the same not-for-profit entity.
[Added 11-8-2021 by L.L. No. 2-2021]
§ 120-51.8 Loading space requirements.
Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in order to avoid undue interference with the public use of streets or alleys.
Access. Access to a loading space shall be provided directly from a public street or alley or from any right-of-way in such a way that it will not interfere with public convenience and will permit orderly and safe movement of delivery vehicles.
Maneuvering. Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the loading and unloading operations without obstructing or interfering with any public right-of-way except in the Village Center District.
Shared loading facilities. Off-street loading facilities for separate uses within the same building may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that the use complies with all regulations governing the location of accessory spaces in relation to the use served are adhered to.
Minimum space dimensions. Loading spaces shall conform to the minimum dimensions of Table 51-5 below:
Table 51-5: Minimum Space Dimensions | |||
|---|---|---|---|
Class of Loading Space | Minimum Width (feet) | Minimum Length (feet) | Minimum Height (feet) |
A (for semitruck vehicles) | 14 | 50 | 15 |
B (for other vehicles) | 12 | 25 | 14 |
Number of loading spaces required. The required number and class of loading space shall be determined by the gross floor area of the use that it will serve as listed in Table 51-6 below:
Table 51-6: Number of Loading Spaces Required | ||
|---|---|---|
Gross Floor Area (square feet) | Number | Class |
Less than 4,000 | 0 | |
4,000 to 15,000 | 1 | B |
15,000 to 30,000 | 1 | A |
30,000 or greater | 1 each | A&B |
Each additional 50,000, or fraction thereof | 1 | A |
§ 120-52.1 Purpose.
The purpose of these sign regulations for the Village of Clifton Springs is to allow for adequate identification of the location or occupant for a parcel of land while protecting public health, safety and general welfare. All signs and signing systems within the Village of Clifton Springs are subject to the regulations that follow in this chapter. These regulations serve to:
Ensure right to free speech as protected under the Constitution;
Protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community;
Provide businesses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
Encourage signs that respect the character and architecture of the building, site, and district in which they are displayed;
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
Minimize the adverse effect of signs on adjacent public and private property;
Avoid personal injury and property damage from unsafe or confusing signs; and
Establish a clear and impartial process for those seeking to install signs.
§ 120-52.2 Required compliance and sign permit.
Required conformance. No person shall erect, place, establish, paint, or retain any sign, or cause a sign to be located or retained within the Village of Clifton Springs, unless all provisions of this article have been met.
Sign permit process. To ensure compliance with the provisions of this article, a sign permit shall be required for each sign unless specifically exempted by this article. Applications for a sign permit shall be submitted to the Code Enforcement Officer and forwarded to the Planning Board for review in accordance with the following provisions:
Application requirements.
The name, address, and contact information of the applicant;
The location of the building, structure, or site on which the sign is to be located;
A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of any lighting or other extraneous devices; and a location plan showing the position in relation to adjacent buildings or structures and to any private or public street or highway;
Written consent of the owner or occupant of the building, structure, or site, or their authorized representative, on which the sign is to be erected; and
A copy of any required electrical or building permit, or a copy of an application for said permit.
Planning Board review and decision.
The Planning Board shall consider the design, size, and location of the proposed sign to determine whether the proposed sign is in compliance with the regulations set forth in this chapter.
The Planning Board may approve, approve with conditions, or reject the application. All decisions shall be made in writing and sent to the applicant within 62 days of the receipt of an application.
If the Planning Board fails to act within this period, the Code Enforcement Officer may issue the permit if the proposed sign is in compliance with these regulations.
Permit required for alteration. A sign initially approved for which a permit has been issued shall not be modified, relocated, altered, or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, relocated, altered, or replaced if any such design element constituted a basis for approval of such sign unless an amended or new permit is obtained consistent with these regulations.
Specific situations not requiring a sign permit. The following specific situations shall not require a sign permit:
Expiration of sign permit. Any sign permit shall expire if the sign for which the permit has been issued is not fully constructed and/or installed on the premises within 180 days from the date of issuance of the permit. Said permit may be renewed for an additional period of 180 days upon resubmittal of said sign application.
Lapse of sign permit. A sign permit shall lapse automatically if the zoning permit for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the activity on the premises for which the sign permit was issued is discontinued for a period of 180 days or more.
§ 120-52.3 Regulations applicable to all signs.
The following regulations are applicable to all signs within the Village of Clifton Springs unless specifically stated otherwise within this section:
Traffic safety. All signs shall be designed, constructed, and located in accordance with the following criteria:
No sign shall be erected at or near any intersection of any streets, or alleys, or any railway and any street, in such a manner as to obstruct free and clear vision.
No sign shall be of a shape or color that may be confused with any authorized traffic control device.
No rotating beam, beacon, or flashing illumination shall be used in connection with any sign display.
Design and construction. All signs shall be designed and constructed in accordance with the following criteria:
Construction materials. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent, weather resistant, and durable materials.
Sign supports and braces. All permanent signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of Building Code. All sign supports shall be reviewed as part of the sign design.
Lettering. All sign lettering shall be permanently affixed and be raised or provide some relief from the face of the sign. Manual changeable copy signs shall be enclosed and locked.
Color. Sign color should complement the building and/or storefront colors. A maximum of three colors, one for the background, one for lettering, and one for accents and highlights, is recommended. Subdued, rather than garish or fluorescent, colors are encouraged.
Location. All signs shall be located in accordance with the following standards:
Signs shall not be erected within nor project into any public right-of-way, unless otherwise specified within this chapter. Signs must be located on private property with the permission of the property owner and comply with the dimension and setback requirements contained in the Table of Sign Regulations (§ 120-52.11).
The Code Enforcement Officer may without notice effect removal of any sign illegally placed in any right-of-way within the Village. The Code Enforcement Officer shall hold said sign for five days. If the owner fails to claim the sign within this time, said sign may be disposed of at the discretion of the Code Enforcement Officer.
Off-premises signs are prohibited. All permanent signs shall be located on the site being promoted, identified or advertised.
No sign shall cover any part of any window unless specifically permitted under this chapter. No sign shall cover any door or hinder or prevent free ingress to or free egress from any door, window, fire escape, or other required exitway.
Altering or covering of architectural details is prohibited. No sign shall cover or cause the removal of architectural details to a building facade including, but not limited to, arches, sills, moldings, cornices, and transom windows.
Signs projecting over walkways or sidewalks where permitted must have a minimum clearance between the bottom of the sign and the ground of eight feet.
Illumination. All signs shall be in accordance with the following standards:
Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrians or motorists and shall be shielded so as not to cast an illumination on contiguous properties more than 0.1 footcandle.
All light fixtures and wiring shall comply with National Electric Code. Electrified signs shall bear an approved testing laboratory label and all electrical connections shall be approved by an approved inspection agency. All transformers, wires, and similar items shall be concealed and properly protected from the elements. In the case of freestanding signs, all wiring shall be placed underground.
No sign shall contain any actively moving parts. Intermittent illumination, or illumination which involves flashing, blinking, or causes the illusion of movement resulting from the arrangement of lighting is prohibited.
Maintenance and repair. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, and other acts required for maintenance of such sign. If any sign does not comply with the above maintenance and repair standards, the Code Enforcement Officer shall require its repair and/or removal.
Protection of property. Signs shall not be posted in any manner destructive to public property. Signs shall also not be attached or otherwise applied to trees, light poles, utility poles, transit shelters, benches, trash receptacles, newsracks, or existing traffic control signs.
Obsolete signs. Any sign that no longer advertises or identifies the use of the property must be removed within 30 days after written notification from the Code Enforcement Officer.
Failure to comply.
If any sign is installed, erected, constructed, maintained, or becomes obsolete in violation of any provision of this article, except for nonconforming signs in compliance with § 120-52.10, the Code Enforcement Officer shall notify the owner or user thereof to comply with the provisions of this article by certified mail.
If the owner or user fails to comply with such notice within 10 days, and the owner has not requested an opinion as to the existence of the violation from the Board of Zoning Appeals, the Code Enforcement Officer shall cause the sign or such portion thereof that is in violation of this article to be taken down.
The owner or user of the sign and/or the owner of the property on which the sign is located shall be responsible for any expenses incurred by the Village in the removal process. The Village Board shall ascertain the cost of such removal, and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
§ 120-52.4 Measurement.
Sign area.
The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, and/or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.
The supporting structure or bracing of a sign shall not be computed as part of the sign area, unless such supporting structure or bracing is made a part of the sign's message by including a symbol, logo, or other three-dimensional figure. If such is the case, a combination of regular geometric shapes which can encompass the area of said symbol or figure shall be included as part of the total sign area computation.
For a sign comprised of individual letters, figures, or elements mounted on a wall or wall extension, the area of such sign shall be calculated by determining the smallest geometric form or combination of forms that comprise all the display area, including the space between the elements.
Lighting elements shall be included in determining the total permitted square footage, or area, of a sign.
Sign height.
The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. The elevation of the ground directly beneath the center of the sign shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
The height of an awning, canopy, projecting wall, or window sign shall be determined by measuring the vertical distance between the top part of a sign panel or individual letter or character, whichever is highest, to the elevation of the ground underneath such sign.
Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.
Frontage.
The term frontage as used in calculating freestanding signs shall refer to the dimension of the lot along the street.
The term frontage as used in calculating wall signs shall refer to the building wall dimension facing the street or parking lot.
If a use or structure contains walls facing more than one frontage, the number of signs and sign areas will be computed separately for each side of the building facing a different frontage.
For uses or structures having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.
§ 120-52.5 Signs authorized without a permit.
The following types of signs may be erected in the Village without obtaining a permit from the Code Enforcement Officer. Although permits are not required for these signs, the signs shall conform to the height, setback, and size requirements detailed in this chapter:
Banners or pennants. Such signs shall not require a permit only if all the following conditions are satisfied:
There shall be no more than one banner per enterprise at one time;
It shall be displayed for no more than 30 days;
It shall not have a total face area in excess of 100 square feet nor a height of more than four feet;
It shall not extend above the first-floor facade of the building or project beyond property lines;
It shall not be illuminated; and
It must not be placed in such a manner as to impede pedestrian traffic.
Construction or home improvement signs. No permit shall be required for temporary construction or home improvement signs should the following conditions be met:
Decorations. Temporary displays of patriotic, religious, charitable, or civic character with no commercial message, including holiday lights and decorations that are erected for customary periods of time.
Directional signs. Signs that provide direction and are located entirely on the property to which they pertain and do not advertise a business and do not exceed four square feet in area.
Directional signs include signs identifying public restrooms, public telephones, and walkways or signs providing direction, such as parking lot entrance and exit signs, and those of a similar nature. Such directional signs shall be allowed within the street setbacks and side and rear yards insofar as they do not obstruct free and clear vision to traffic.
Drive-through signs. Businesses with drive-through facilities may have one sign, not exceeding 24 square feet for each drive-through lane, provided such signs are oriented solely for the use of patrons utilizing the drive-through lane and are not intended to be visible from adjacent property or the right-of-way. If the drive-through lane or facility is removed or not operating for a period exceeding 60 days, the sign must be removed.
Flags. The flags, emblems or insignia of any nation, political subdivision, including those of commercial and noncommercial interest. Flagpoles shall be subject to the height restrictions imposed by each respective zoning district. Commercial flags shall be limited to one per lot.
Gasoline station price signs. Signs not exceeding three square feet advertising the price of gasoline and indicating self-service or full-service, when attached to a gasoline pump or pump service island.
Governmental signs. Any official sign, public notice, or warning sign supported by federal, state, county, or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: New York State inspection station or authorized repair shop identification.) There are no size requirements for governmental signs.
Historical signs. Signs that are in the nature of cornerstones, commemorative tablets, and historical signs, provided that such signs are less than nine square feet and not illuminated.
Home occupation signs. One sign for each legally established home occupation, not to exceed three square feet in area.
House numbers and nameplates. Address and/or name of occupant of premises for a residential structure, not including designations as to employment or home occupation, are to be limited in size to three square feet per dwelling unit.
Incidental signs. Such signs shall have an aggregate area not to exceed three square feet at each entrance and shall be attached to a permanent structure.
Internal signs. Any sign within a building not legible from the right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where the sign is not legible beyond the property lines.
Limited signs. Signs and notices advertising an open house, sale, or event displayed for no more than 30 days. These signs must be placed on the property where the open house, sale, or event is being held.
Noncommercial signs. Any lot shall be allowed up to two signs of any type containing solely noncommercial messages provided said signs are in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 120-52.11, Table 52-1) for each applicable sign type.
Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots are permitted without permit under the following conditions:
Up to two signs of any type per lot in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 120-52.11, Table 52-1) for each applicable sign type;
Said signs are not placed more than 30 days in advance of said election or ballot; and
Said signs are removed upon closing of the applicable election or ballot.
Portable signs.
One nonilluminated, two-sided portable sign not to exceed 16 square feet in size and five feet in height in the following situations:
All portable signs must be placed at least 10 feet from all property lines.
Real estate signs. Up to two signs on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies, is in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 120-52.11, Table 52-1) for each applicable sign type.
Sandwich-board signs or A-Frame signs. One sandwich board sign is permitted for each business. Said sign cannot exceed six square feet in area. Said sign must be removed at the close of each business day. Said sign must comply with all applicable provisions of this chapter. A sandwich-board sign shall not require a sign permit if the following conditions are met:
The sign cannot be more than three feet in height and three feet in width.
The sign shall not be illuminated.
The sign shall be displayed only during business hours.
Businesses located within the Village Center Zoning District, which under normal circumstances would be prohibited from erecting a sandwich board due to the lack of ownership of sufficient frontage, may place a sandwich-board sign within the public right-of-way during business hours. Said sign shall be erected in such a place and in such a fashion as to make it as unobtrusive as possible for pedestrian traffic. The Village shall retain the right to request movement of the sign if it determines that the sign was not erected in such a fashion and that a different placement would provide less obstruction to pedestrian traffic.
Temporary signs for noncommercial events or programming. Temporary signs in accordance with § 120-52.9 of this article shall be permitted for use by noncommercial groups or organizations for the promotion of their events or programming. This may include, but is not limited to, religious institution events, nonprofit fundraisers, etc.
Works of art. Works of art that do not include a commercial message, logo, or trademark and do not contain any property identification message.
§ 120-52.6 Permitted signs.
The Table of Sign Regulations, located in § 120-52.11, lists the requirements for different types of permitted signs that might be proposed for installation in the Village. The table addresses each type of sign by zoning category, listing whether each sign type is permitted in each zone, the number of signs permitted per site, and the allowable size, height, setbacks, and lighting regulations.
§ 120-52.7 Prohibited signs.
The following types of signs are prohibited:
Signs for which a permit is required, but no permit was issued or the permit was revoked;
Obsolete signs or signs that are not properly maintained, considered structurally unsound, hazardous or otherwise unsafe;
Signs that contain words or pictures of an obscene or pornographic nature;
Signs that emit audible sounds, odor, or visible matter;
Signs that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle; or bear one or more of the words "stop," "go slow," "caution," "danger," "warning" or other similar words; or hide from view any traffic or street sign, signal or device;
Signs that interfere with official traffic lights or traffic control devices;
Flashing, rotating, revolving signs/lights;
Signs with unshielded lighting devices or reflectors placed to outline or provide the background of a sign;
Cabinet signs, or any such sign that is internally illuminated;
Signs comprised, wholly or in part, of electronic changeable copy;
Animated signs or signs utilizing full motion or video technology;
Signs with mirrors;
Permanent banner, pennant, windblown or inflated signs. These may be permitted as a temporary sign for a total of 30 days;
Portable signs attached to or placed on an unregistered vehicle parked on private property for the primary purpose of being viewed by motorists within the right-of-way;
Pennants not affixed to the face of a building;
Signs placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or over any street or within the public right-of-way unless otherwise permitted;
Signs, banners, or pennants mounted on or extending above the roof of any building or structure;
Signs painted directly on an exterior wall; and
Freestanding signs supported by a single or multiple poles or posts with more than 30 inches' clearance from the bottom of the sign to the ground below; commonly referred to as "pole signs."
§ 120-52.8 Specific provisions by zoning district.
(See the Table of Sign Regulations in § 120-52.11 for sign allowances.)
Residential districts.
Signs advertising use for public, quasi-public, nonprofit, religious institution, educational institutions, hospital or other similar uses, shall be located on the same premises as the use.
One freestanding sign not exceeding 16 square feet in area and five feet in height is allowable by permit at the entrance of a subdivision or residential development, provided it is not internally illuminated and has a minimum setback from the public right-of-way of 10 feet. The sign may be installed after approval of the Planning Board of the final subdivision plat or when a valid building permit has been issued. If a building permit is not issued or construction does not begin within 12 months of Planning Board approval, said sign must be removed.
Nonresidential districts.
Two signs per use are permitted for a single business or industry. Where contiguous businesses or industries are located on a single lot, such as, but not limited to, industrial centers or business parks, each business or industry shall be permitted two signs and a single freestanding sign may be permitted for the lot.
Where groups of two or more contiguous stores are located together, two signs per use shall be permitted in addition to one freestanding sign for the mall or plaza.
Signs within the Village Center District shall be permitted at the rate of two per use.
§ 120-52.9 Temporary sign regulations.
Temporary signs shall be permitted without a sign permit, provided they are in conformance with all other applicable regulations of this article, including:
Term. A temporary sign may be placed upon a property or structure for no more than 30 days in any ninety-day period.
Number. Only one temporary sign is permitted per lot or structure at any given time.
Size, height, clearance, and setback requirements. Temporary sign area, height, and setback requirements shall follow the same regulations set forth for any permanent sign of similar type or configuration within the applicable zoning district. See Table of Sign Regulations (§ 120-52.11, Table 52-1).
§ 120-52.10 Nonconforming signs.
Permitted nonconforming signs. Any sign erected prior to the adoption of this chapter that does not conform to the provisions of this article is permitted to remain as a nonconforming sign, provided that the sign:
Loss of nonconforming status. A sign characterized as a nonconforming sign shall lose its nonconforming status if:
§ 120-52.11 Table of Sign Regulations.
All signs permitted by the Village shall be subject to the regulations set forth in Table 52-1 below, where "P" indicates permitted and "NP" indicates not permitted.[1]
[1]
Editor's Note: The Table of Sign Regulations is included as an attachment to this chapter.
§ 120-53.1 Front setback encroachments.
The front setback shall be unobstructed except as provided in this section:
Uncovered landings shall be permitted, provided that they do not extend a distance greater than five feet into the front setback.
An awning or movable canopy on a residential building shall not project more than 10 feet from the building wall. On a commercial or industrial building, the marquee or awning may project to the street line, provided that there is a clear height under the permitted encroachment of 10 feet.
Open porches, balconies, steps, soils, belt courses, cornices, eaves, gutters, chimneys, bay windows, and other ornamental features shall not project more than four feet into the front setback.
Handicap ramps. In nonresidential districts, unroofed handicap ramps shall be permitted in the side and rear yards only and shall maintain an eight-foot setback from the respective property line. In residential districts, unroofed handicap ramps are encouraged to be placed in the side or rear yard and shall maintain an eight-foot setback from the respective street or property line.
§ 120-53.2 Side and rear setback encroachment.
The projection of open porches, balconies, steps, soils, belt courses, cornices, awnings, eaves, chimneys, gutters, bay windows, and other ornamental features shall not measure more than four feet into the side or rear setback.
Open fire escapes shall be permitted in the side and rear yards only and shall not project more than four feet into said yard.
§ 120-53.3 Obstructions in side and rear yards.
The required side and rear yards of each district shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
§ 120-53.4 Height exceptions.
No building height limitation contained in this chapter shall restrict the height of the following buildings or structures:
Religious institution spires, cupolas, domes, belfries and flagpoles.
Chimneys, elevator or stair bulkheads, water tanks or cooling towers.
Radio or television antennas, telecommunications facilities, utility transmission lines or cables.
Passive and active solar energy equipment, provided that the placement of the equipment does not deprive the adjoining properties of access to solar sky space.
None of the exceptions to the height regulations shall be used for human occupancy.
No structure or tower, other than a religious institution spire or tower of a public building, shall exceed the height regulations by more than 40%.
§ 120-53.5 Use of small lots.
Any parcel of land with an area or width less than that prescribed for a lot in the district in which it is located, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided all other regulations prescribed for the district by this chapter are complied with. When two or more adjacent lots are in a single ownership, they shall be considered as being a single lot.
§ 120-53.6 Attached residential units.
In order for a residential building to be considered an attached structure, units on both sides of the party wall shall be built simultaneously.
Two-family attached buildings shall have only one party wall with another residential building. The units on both sides of the party wall shall be built simultaneously.
§ 120-53.7 Maximum contiguous single-family attached units.
There shall be no more than eight contiguous single-family attached residential units.
§ 120-53.8 Visibility at intersections.
On corner lots, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines. In such area, no shrubbery, nor fences of masonry, wood or other material which creates a solid visual barrier, shall be erected higher than two feet from the accepted street grade of the abutting top of curb, or from the crown of the abutting road, if there is no curbing, nor shall branches or foliage of trees be permitted less than 10 feet from the ground. An open fence of chain-link wire, wrought iron, split rail or other similar material which does not screen or obstruct views, light and air may be permitted in the triangular area, provided it does not obstruct visibility.
§ 120-53.9 Fences.
Fences shall not be considered structures under this chapter and, as such, may be erected in any district, subject to the provisions of this chapter.
No fence shall be erected or encroach upon a public right-of-way.
All fencing shall maintain a two-foot setback from any front, side, or rear property line.
Natural fencing shall maintain a two-foot setback from any existing sidewalk when fully grown.
Any fence shall have its finished or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.
The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.
No solid fences over 24 inches in height shall be permitted in the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 25 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road if there is no curbing. Split-rail fences, cyclone fences or other similarly open fences are permitted in the triangular area, provided that they do not create a traffic hazard and block visibility.
In residential districts, no fences shall be constructed, established or built in excess of six feet in height, with the exception of tennis or recreation courts, which may be up to 12 feet in height. In nonresidential districts, fences may be constructed, established or built up to 10 feet in height above the average natural grade, provided that they do not create a traffic hazard.
In residential districts, no fence or wall over 48 inches in height shall be constructed in the front yard of any lot, except for decorative posts on said fence, which may be no more than six inches in excess. All front yard fences in residential districts shall not be more than 60% solid surface and shall not be of chain-link material or design. This provision does not regulate necessary retaining walls.
Every fence shall be maintained in a safe, sound, and upright condition. No fence shall be erected that will create a safety problem for people using the public right-of-way.
§ 120-53.10 Swimming pools.
Noncommercial aboveground or in-ground swimming pools require the issuance of a permit by the Village Code Enforcement Officer, who, when giving such approval, shall certify that the following regulations are complied with:
No swimming pools shall be permitted to be located in the front yard.
All swimming pools shall meet the minimum side and rear yard requirements of the district in which they are located.
Aboveground pool safeguards.
Any artificial pool or structure intended for wading, bathing or swimming purposes that is so constructed as to be above grade and which has a ladder or steps in order to obtain access to said pool shall be subject to the requirements that, whenever said pool is not attended by a person of suitable age, the said steps or ladder to obtain access to said pool shall be removed, raised or screened so that a person may not gain access to said pool.
Any aboveground swimming pool whose structure is less than four feet in height must be safeguarded with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of four feet but no more than six feet in height. All openings in said fence shall be so constructed as to prohibit the passage of a four-inch-diameter sphere. The entrance gate or gates shall have a self-closing and self-latching device placed at a minimum of three feet six inches above the base of the fence.
In-ground pool safeguards. No person or persons, association or corporation shall maintain an in-ground swimming pool, as defined herein, without first safeguarding such swimming pool with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of four feet but no more than six feet in height. All openings in said fence shall be so constructed as to prohibit the passage of a four-inch-diameter sphere. The entrance gate or gates shall have a self-closing and self-latching device placed at a minimum of three feet six inches above the base of the fence.
§ 120-54.1 Intent.
The following standards are intended to assure an acceptable degree of landscaping, screening, and buffering between land uses, particularly between residential and nonresidential uses, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community, and encouraging preservation of existing natural features. Specifically, these regulations are intended to:
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plan new flora indigenous to the region.
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural windbreaks.
Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Village residents and visitors.
§ 120-54.2 General requirements.
Site plan review. Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with § 120-54.4 of this article. This shall include, but not be limited to, commercial, retail, industrial, multifamily residential, and institutional uses.
Existing site features. Existing unique, cultural, or natural site features, such as stone walls, shall be incorporated into landscaping plans to the maximum extent feasible. Sites that possess significant ecological properties, such as aquifers, public water supply watersheds, wetlands, and streams whose degradation would negatively affect other properties, should be developed in a manner that will effectively prevent the possibility of such degradation.
Completion of work. The issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping, or posting of a performance guaranty acceptable to the Code Enforcement Officer. If the applicant cannot perform the work due to seasonable impracticalities, all landscaping work shall be completed by June 30 of the year following the issuance of the certificate of occupancy.
Pedestrian access. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.
Compliance. Where existing conditions make compliance with these regulations not feasible, the Planning Board, at its discretion, may modify the requirements, provided they comply with the intent of these regulations to the maximum extent practicable.
Existing trees. Existing healthy trees with a minimum twelve-inch caliper should be identified on site plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.
Appropriate plant species. All plant materials must conform to the most current edition of the American Nursery and Landscape Association's American Standard for Nursery Stock (ANSI Z60.1-2004). Applicants are required to design and install landscaping that shall be tolerant of typical environmental conditions of this region (USDA Hardiness Zone 5). Proper trees shall be chosen where any height restrictions (i.e., power lines) exist to minimize conflicts and improper pruning techniques. Species appropriate for the Village can be determined by a registered landscape architect, landscape consultant, or other professional.
Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 54-1 below.
Table 54-1: Minimum Plant Size in Buffer | |||
|---|---|---|---|
Plant Material | Side or Rear Yards | All Other Landscaped Areas | |
Trees | |||
Deciduous | 1 1/2 inches' caliper | 2 1/2 inches' caliper | |
Evergreen | 4 feet (height) | 5 feet (height) | |
Shrubs | |||
Deciduous | 15 inches (height) | 24 inches (height) | |
Evergreen | 12 inches (height) | 18 inches (height) | |
§ 120-54.3 Landscaping standards.
All nonresidential uses must reserve a minimum of 30% of the total lot area in green space and landscaping. All landscaped areas are subject to the following standards:
Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required. The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood. For large development projects such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines. The linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. Specific requirements are as follows:
Street trees. All streets and roads within the Village shall be lined with trees unless important scenic views or visibility by traffic would be obstructed.
Trees should be placed between the sidewalk and curb to form a protective row that makes pedestrians feel safely separated from traffic. Trees should be spaced no more than 30 feet apart in areas with slow speed limits, and no more than 40 feet apart and slightly back from the road in higher-speed situations. Residential street trees should be placed close to the road and to each other to create a park-like canopy.
Street trees should be hardy, deciduous varieties that are salt and drought resistant, free of droppings that mar sidewalks and cars, and tall enough to frame the street and not block the view of storefronts.
Building foundations. Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers. The arrangement of said landscaping shall be arranged along the front facade as well as any facades visible from the public right-of-way. Trees and shrubs shall be provided according to the following requirements:
Parking areas. Parking lots containing 10 or more spaces shall be internally landscaped so as to provide shade and screening and facilitate the safe and efficient movement of traffic. The area designated as required setbacks shall not be included as part of the required landscaping. Plantings shall be spaced and grouped consistent with accepted nursery standards and shall not be located in a manner that impedes driver visibility. Specific requirements are as follows:
A landscaped buffer at least 10 feet in width must be provided between a parking lot and the public rights-of-way;
A minimum of one landscaped island, at least 162 square feet in size, shall be provided for every 10 parking spaces contained within each single row of parking. Islands shall be planted with trees and shrubs with a minimum of one tree per 10 parking spaces;
End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided such configurations contain more than five spaces in a single row and 10 spaces in a double row. End islands shall completely separate the parking spaces from the drive aisle;
Landscaped parking lot medians, a minimum of 10 feet in width, shall be used to completely separate driveway entrance aisles from parking areas;
All landscaped areas shall be no less than eight feet in average width;
All plant material adjacent to parking areas, loading areas, and driveways shall be protected by barriers, curbs, or other means to prevent damage from vehicles; and
Plantings shall present a clear view of any driving lane within 15 feet.
Screening requirements.
A fence without landscaping shall not be considered a buffer.
A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity from adjacent properties. If there is insufficient space to accommodate a ten-foot landscaped area, the Planning Board may allow screening to consist of a wall, fence, berm, hedge, or other plant materials or combinations thereof no less than five feet high.
§ 120-54.4 Landscaping plan.
The Planning Board may determine that the landscaping plan must be prepared by a licensed landscape architect, landscape designer or other professional. All landscaping plans shall contain the following information:
A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.
All existing, significant plant materials on the site.
Existing and proposed structures.
Topographical contours at two-foot intervals.
Drainage patterns.
The location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and shall identify those existing plant materials that are to be protected or removed.
Landscaping of parking areas, access aisles, entrances, common open areas, recreation areas, and perimeter buffer areas.
Other information as may be required by the Code Enforcement Officer and/or the Planning Board.
Relief from any landscape plan requirements that are deemed unnecessary may be granted with Planning Board approval.
§ 120-54.5 Landscaping maintenance.
It shall be the responsibility of the property owner and/or lessee to maintain the quality of all plant material, nonplant landscaping, and irrigation systems used in conjunction with the landscaping.
Maintenance shall include, but not be limited to: watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved by the Code Enforcement Officer.
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.
§ 120-54.6 Screening of dumpsters, service areas and mechanicals.
In any district, all dumpsters, service areas or mechanical units used or intended to be used for any building or land use other than one-family and two-family dwelling units shall be subject to the following:
All dumpsters, service areas and mechanicals must be located behind the front building line; and
All dumpsters, service areas and mechanicals shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier from adjacent properties and the public right-of-way. Said barrier shall be a height of at least five feet above grade level on all sides where the adjacent land is in a residential district or a residential use.
§ 120-55.1 Intent.
The purpose of this article is to establish regulations to allow for outdoor illumination levels which are appropriate for the use, while promoting safety and security and minimizing the undesirable side effects of excessive illumination such as glare, light trespass, and light pollution. Over time, it is the intent that this article will allow for reasonably uniform illumination levels in the community.
§ 120-55.2 Applicability.
This article shall apply to all new outdoor lighting fixtures, the expansion and alteration of existing fixtures, as well as the replacement of lighting fixtures except any repair or maintenance.
§ 120-55.3 Approvals required.
For uses which require a site plan review, the Planning Board may require a lighting site plan to be submitted showing the location, number, type/style, mounting height, and lighting levels produced on the ground (i.e., photometric report). All other uses shall conform to the general requirements contained herein.
§ 120-55.4 General requirements/standards.
All outdoor lighting shall be shielded or otherwise contained so as not to exceed 0.5 footcandle from the property line on which the light originates.
Exterior lighting fixtures on commercial, industrial, institutional, and multifamily properties shall conform to the Illuminating Engineer Society of North America (IESNA) criteria for full cutoff fixtures. In addition, the lighting levels shall be designed to meet the minimum requirements of the latest recommended levels set forth by IESNA. Where no standard from IESNA exists, the Planning Board shall determine the appropriate level, taking into account levels for the closest IESNA activity.
Lighting, except as required for security, shall be extinguished during nonoperating hours in order to minimize the indiscriminate use of illumination. Where practicable, lighting installations are encouraged to include timers, sensors, and dimmers to reduce energy consumption and unnecessary lighting.
§ 120-55.5 Specific requirements/standards.
Lighting fixtures. All light fixtures are subject to the following standards:
All exterior lighting fixtures shall be dark sky compliant.
Street and commercial lighting fixtures throughout residential districts and the Village Center District should be distinctive and pedestrian-scaled at a minimum of 10 feet but no more than 15 feet in height. Parking lot light fixtures should not exceed 15 to 20 feet in height.
Lighting fixtures should be compatible with the architectural style and other features of adjacent buildings.
Lighting fixtures should be of a consistent architectural style and utilize a design that allows light trespass to be fully shielded or fully cut off.
Parking lots. Parking lots shall not exceed light levels necessary for safety and for locating vehicles at night. The lighting plan shall be designed so that the parking lot is lit from the outside perimeter inward and/or incorporate design features with the intent of eliminating off-site light spillage.
Canopy and roof overhang. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.
Outdoor signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign and shall be shielded or directed in such a way that the light illuminates the sign only. Internal illumination of a sign shall be concealed behind opaque, translucent, or other similar types of glass or plastic.
Bottom-mounted or uplighting. To minimize unnecessary lighting, uplighting shall be allowed for flagpoles that display federal, state, county, and/or local government flags only, unless noted otherwise within this chapter. (See Article 52, Sign Regulations.) Illumination shall be directed solely onto the object for which it is intended.
Security cameras. Facilities which employ security cameras may employ appropriate lighting to ensure proper function during all times when such cameras are in use.
§ 120-55.6 Exemptions.
The following types of outdoor lighting are exempt from this regulation unless otherwise specified:
Streetlighting installed by the Village, Ontario County Highway Department, or the New York State Department of Transportation.
Low-voltage lighting as defined by the National Electric Code (NEC).
Holiday lighting.
Temporary construction and emergency lighting needed by police, emergency or highway crews, provided the light is extinguished upon completion of the work.
Hazard warning lights required by a federal or state regulatory agency, except that all fixtures used must be as close as possible to the federally required minimum output.
Lighting associated with farm or agricultural operations. However, farm or agricultural operations within 100 feet of an adjacent residential dwelling shall be shielded to prevent light trespass onto the adjoining property.
§ 120-55.7 Prohibited lighting.
The following types of outdoor lighting shall be prohibited within the Village, unless otherwise specified:
§ 120-56.1 Applicability.
The following standards and guidelines shall be applied to all nonresidential development occurring in the commercial and industrial areas outside of the Village Center District.
§ 120-56.2 Purpose and objectives.
Purpose. The purpose of these design guidelines and standards is to preserve and promote the unique character of the Village by ensuring future development is consistent with the following objectives:
Create lively, pedestrian-friendly, and attractive streetscapes for the enjoyment of vehicular traffic, as well as pedestrians and bicyclists.
Encourage the development of retail, offices, restaurants, and other permitted uses in close proximity of each other, creating dynamic activity centers for the benefit of residents and visitors alike.
Develop industrial parks to resemble a campus-like environment that incorporates open space and pedestrian amenities where appropriate.
Require the use of varied architectural design elements and features to ensure new nonresidential development provides visual interest and does not detract from the overall streetscape.
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
Ensure that new development building and site design do not negatively impact adjacent residential uses, respecting their existing scale and character.
Right to professional services. The Village reserves the right to seek the services of engineers, planners, architects, attorneys, or other professionals to aid in the consideration of all nonresidential development design. The applicant shall reimburse all costs incurred for such professional services to the Village.
§ 120-56.3 General building design.
The massing, proportion, and roof styles of new construction should relate to that of surrounding buildings.
A single, large, dominant building mass shall be avoided. No wall that faces a street or connecting pedestrian walkway shall have a blank, uninterrupted length exceeding 30 feet without including architectural features such as columns, ribs, pilasters or piers, changes in plane, in texture or masonry pattern, or an equivalent element that subdivides the wall into human scale proportions.
All buildings shall exhibit a clearly defined base, midsection, and crown. This can be accomplished using a combination of architectural details, materials, textures, and colors.
To the maximum extent practical, all roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point that is five feet above grade.
Alternative energy sources, such as solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing on at least 50% of the roof area. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
§ 120-56.4 Facades.
Exterior building walls facing streets or pedestrian walkways shall include windows, building entrances, and other architectural features to create an interesting streetscape and comfortable pedestrian realm. Appropriate facade articulation includes the use of bays, insets, balconies, porches, or stoops related to entrances and windows.
Along street facades, all new industrial construction shall provide areas of transparency equal to 20% of the wall area, and all new commercial construction shall provide areas of transparency equal to 40% of the wall area. The use of mirrored or tinted glass with less than 40% light transmittance is prohibited.
Along street facades, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finished wood, cement fiber clapboard, stucco or glass. Evidence should be submitted that demonstrates that the exterior building material has sufficient impact resistance at the pedestrian level to withstand normal wear.
No more than three exterior building materials shall be used on any one side of a building.
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
On corner lots, the primary facade of commercial buildings shall be oriented to face the principal street rather than side streets.
The front facade and main entrance shall face a public street and shall have a direct, designated pedestrian connection to the street, sidewalks, and parking facilities.
§ 120-56.5 Transitions to residential uses.
In addition to the design standards and guidelines of this article and requirements set forth by Article 54 (Landscaping, Screening, and Buffer Regulations), all commercial and industrial development shall employ building and site design standards to ensure compatibility with adjacent residential development. To the maximum extent practicable, commercial and industrial development should use all of the following techniques when developed adjacent to a residential use:
§ 120-57.1 Applicability.
These standards and guidelines shall be applied to all new construction, as well as modifications to the exterior of an existing building and additions for nonresidential development in the Village Center (VC) District.
§ 120-57.2 Purpose and objectives.
Purpose. The purpose of these design-based criteria is to maintain the original historic and architectural character of the VC District and to ensure future development is compatible and harmonious with its traditional character and design. The objectives of the VC District are as follows:
Encourage a pedestrian-oriented and pedestrian-scaled right-of-way, public realm, and streetscape, as well as promote safe pedestrian movement, access, and circulation.
Maintain the dense concentration of commercial, office, civic, cultural, and residential uses that create a mixed-use environment that contributes to the vitality of the district and fosters pedestrian activity.
Promote the use of traditional building materials, architectural features, and fenestration that exist within the district when determining appropriate replacement and new construction materials.
Require the placement and design of buildings to respect the traditional development pattern that is characterized by little to no front or side setbacks, common walls between buildings, and structures that are or appear to be at least two stories in height.
Ensure existing and newly constructed buildings have front facades that have storefronts at street level with a primary entrance on the street, large display windows with bulkheads or kickplates below, an upper facade with regularly spaced windows, and a cornice to terminate the facade.
Utilize alleys and rear entrances to provide safe and convenient access to the rear of the buildings.
Continue to provide on-street parking opportunities.
Minimize the visual presence of off-street parking by requiring it placed to the rear of the buildings and screened from view.
Traditional or original elements. The application of the term "traditional" or "original" when used in this section to describe elements of the district's buildings, character, or design refers to that of the mid 19th to early 20th century.
Historic district. Any reference to historic buildings, sites, or structures in this article is intended to include those recognized under the State and National Registers of Historic Places, including but not limited to the Clifton Springs Sanitarium Historic District.
§ 120-57.3 Building placement, massing and roof shape.
The intent of the following standards is to ensure that the placement of buildings, their massing, and their roof shapes are compatible with the Village's distinctive aesthetic and physical character. Development should create a continuous building wall that reinforces the existing multistory character of the VC District and reflects the traditional relationships between the streets, building lots, and architecture.
Placement and orientation. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis, or front facade.
The placement of nonresidential development shall follow the minimum front setback and maximum front setback requirements of Article 21, Table 21-3, of this chapter. Relief from this provision may be provided for historically appropriate architectural elements and pedestrian amenities, such as recessed entries or chamfered corners, as deemed appropriate by the Village Planning Board.
All nonresidential development shall extend to both side property lines, allowing for no side setback to the extent practicable.
The front facade of all nonresidential development shall be oriented to the primary street, or at the same orientation as adjacent original buildings.
Nonresidential development on corner lots shall treat both facades facing a street as front facades, which are both subject to the standards set forth in this article. Relief from these provisions for one facade may be provided with Planning Board approval.
Massing, proportion, and height. Massing refers to the volume and shape of a building. Proportion is the relationship between a building facade's width and its height.
A single, large, dominant building mass shall be avoided. Larger buildings, greater than 40 feet in width, shall be broken up with architectural features to create the appearance of multiple smaller, pedestrian-scaled buildings.
All nonresidential development shall be or appear to be at least two stories in height.
Nonresidential development shall also follow the maximum building height, maximum lot coverage, and maximum building footprint requirements of Article 21, Table 21-4, of this chapter. Relief from this provision may be provided for historically appropriate architectural design elements, as deemed appropriate by the Village Planning Board.
Roof shape. Roof shape refers to the form of the roof and how it presents itself to the street.
All nonresidential development shall use the roof shapes typical of historic buildings.
Flat roofs shall slope to the back of the building to provide proper drainage and shall include an historically appropriate ornamental cornice.
Peaked or gable roofs shall have historically appropriate overhangs, and ornamental brackets are encouraged.
§ 120-57.4 Materials and textures.
The intent of the following standards is to ensure that all nonresidential development materials and textures that complement and do not detract from the traditional and historic character of the VC District. Within the district, traditional materials include brick, stone, wood, and concrete. Traditional textures include smooth brick, rough brick, concrete, stone trim, and painted wood.
Prohibited materials and textures. The use of stucco, vinyl siding, plastic panels, sheet metal, clear-coated aluminum, stainless steel, or smooth concrete is prohibited.
Modern materials. The use of modern and nontraditional materials or textures may be permitted with Planning Board approval.
Masonry. All brick, stone, concrete, or other masonry materials shall also match the size, color, and style of existing original masonry elements in the district.
Wood. All wooden materials shall be finished using either stain or paint to match the color and style of existing original wooden elements in the district.
Metal. All metal materials shall be finished and colored to match the traditional elements of the district.
Use of paint. Painted architectural elements shall remain painted, especially masonry elements, as the removal of paint on certain materials can be abrasive and cause significant damage. All unpainted architectural elements, especially masonry elements, shall remain unpainted unless weatherization suggests additional protection is necessary.
§ 120-57.5 Storefronts.
The intent of the following standards is to avoid blank and uninteresting facades along the street level of the VC District and to create storefronts that are visually appealing. The combination of storefront design elements will serve to enhance the streetscape and will reinforce the traditional character of the district. Within the VC District, traditional storefronts were typically designed in a three-part composition: a fairly low bulkhead, or base, beneath the display window(s); large plate glass windows to provide display space and to light the interior of the store; and transom windows above the display windows, which further provide natural light for the interior. All storefronts in the VC District are subject to the following standards:
All new, reconstructed, or rehabilitated storefronts shall observe the sizes and proportions of elements typical of the district's original storefronts.
The pedestrian zone, the area two to eight feet above the sidewalk, shall have a minimum of 60% clear glass or the average of existing historic buildings, whichever is greater.
The pedestrian zone should not be obscured, allowing visual access to the interior of the building. Display windows shall not be covered up, removed, or downsized. The use of opaque or heavily tinted glass is not permitted. If screening is necessary, interior blinds or curtains are encouraged.
§ 120-57.6 Doors and entrance features.
The intent of the following standards is to ensure that the doors and entrance features of all nonresidential development contributes to the traditional design and function of the VC District by ensuring convenient access from the public sidewalk system. Within the district, traditional commercial building entrances and entrances to upper floors were commonly incorporated into the storefronts, generally blending in with the storefronts rather than standing out as distinctive features. Many of the existing entrances have been recessed to increase protection from weather. All doors and entrances in the VC District are subject to the following standards:
All new, reconstructed, or rehabilitated entrances shall allow visual access and light to the interior of the structure with the use of transparent materials, such as glass paneling or glazing, in the doors themselves or with the inclusion of transom windows.
Storefront doors shall have full, two-thirds, or half glazing. Solid doors, where appropriate (e.g., entrances to upper floors) shall be paneled to provide visual interest. All doors shall be finished and colored to match the traditional elements of the district.
Commercial doors shall be kept simple in design unless historical evidence indicates otherwise.
All entrances into first-floor commercial spaces shall face the principal street and be located to afford direct access from the sidewalk.
All entrances into upper floors shall be located to afford direct access from the sidewalk.
Corner buildings may have two separate entry points or a single entry point at the corner.
No external security devices (e.g., coiling shutters, accordion gates, etc.) shall be utilized. Alternative security systems such as lighting, alarms, and interior barriers are permitted if necessary.
§ 120-57.7 Upper floors and windows.
The intent of the following standards is to avoid blank and uninteresting facades on the upper floors of development within the VC District. These standards will ensure that the upper floors and windows of all nonresidential development reflect the traditional design of the district. Within the district, traditional commercial building upper floors have been designed to be visually compatible with the street-level main floors. Historically, the street-level units were typically used as commercial store spaces, and upper floors served as office or residential spaces. Upper-floor windows are generally residential in size, proportion, and character. Their spacing corresponds to the major storefront elements on the first floor. Window openings can generally be described as simple rectangles or rectangles with arched tops. Many of the existing windows have ornamental elements, such as projecting bricks, flat stone lintels, or hoodmolds. All upper floors and windows in the VC District are subject to the following standards:
All nonresidential development shall observe the existing window spacing of historic buildings.
The facade for the upper floors shall incorporate a minimum of 25% of transparent glass openings or the average of such on historic buildings, whichever is greater.
The spacing of upper-floor openings shall match that of the major storefront elements on the first floor.
Upper-floor openings shall be residential in size, proportion, and character. Upper-floor windows shall be double-hung with ornamental elements such as a flat stone lintel or hoodmolds. Other traditional window styles that match that of historic buildings are permitted.
Interior or exterior storm windows may be added to upper-floor window openings; however, they must match the color of the window trim and fit the window exactly (that is, meeting rails at the center should line up).
Original window openings shall not be bricked in or downsized in any way. Replacement windows shall fill the original size of each opening; lowered ceilings should have a soffit at each window that allows retention of the full window height.
Original window opening trim and ornamentation shall not be removed or altered. Deteriorated elements shall be repaired or replaced in kind, such as ornamental hoodmolds.
§ 120-57.8 Cornices and parapets.
The intent of the following standards is to ensure that the design of cornices and parapets adds to the visual interest of the VC District and reflects the traditional design of the district. Within the district, traditional commercial buildings typically have a decorative cornice treatment that serves to terminate the main facade. Another acceptable treatment is the use of a parapet wall. A parapet wall is a section of wall rising above the roof to give an impression of greater height. Cornices can be ornate, or as simple as a few projecting courses of brick. Parapet walls are usually found on masonry buildings and extend anywhere from a few inches to several feet above the roofline. Parapet walls can be ornamented, but often are simply capped with stone or tile copings. All cornices and parapets within the VC District are subject to the following standards:
§ 120-57.9 Canopies and awnings.
The intent of the following standards is to ensure that the placement of canopies and awnings do not detract from the traditional design of the VC District by obscuring significant architectural details and ornamentation. Traditional commercial buildings used fabric awnings on both storefronts and upper-floor windows to control interior heat gain and provide shelter from extreme weather to pedestrians. Storefront awnings were usually mounted on retractable metal pipe frames that could be raised and lowered as needed, where upper-floor awnings were typically fixed in place and removed during winter months. All canopies and awnings within the VC District are subject to the following standards:
When adding, altering, or replacing a canopy or awning, the following shall be taken into consideration:
Materials. All canopies and awnings shall use fabric materials that duplicate the appearance of the traditional canvas material. Modern materials may be used as long as they provide the appearance of canvas. Materials with a glossy, shiny, or plastic appearance shall not be permitted.
Color and pattern. All canopies and awnings shall utilize patterns and colors compatible with the color scheme of the building. New or replaced awnings should follow the traditional styles of a solid color awning or a two- to three-color striped awning. Upper-floor awnings shall be similar in color and pattern to the awning(s) used on the storefront.
Shape. All canopies and awnings shall be consistent with the shape of the window that they are located over. For example, an awning placed over an arched window shall be a rounded or bullnose style, and an awning placed over a rectangular window shall be a traditional triangular awning with a flat top.
Placement and size. The design of the storefront shall dictate the placement and size of the canopy or awning on any facade. All awnings shall be located within the window or door opening, so as not to obscure architectural details.
Number. The number of canopies or awnings shall be determined by the design of the building. A single storefront, without divisions, will typically require a single awning. Larger facades may require two or three awnings to correspond with existing divisions between windows and doors. Awnings in upper-floor windows shall be permitted at the rate of one per opening.
Height and projection. All canopies and awnings shall be a minimum of seven feet above the sidewalk, measured from the bottom of any fixed portion of the awning. The angle of all canopies and awnings shall be 45°, to ensure the awning does not extend too far from the facade.
The addition of a canopy or awning to a building's facade may not be appropriate in some cases, and is prohibited provided that the Planning Board finds any one of the following conditions to be true:
The existing massing and proportions of the building is such that the facade would be overwhelmed by the addition of a canopy or awning;
It is known that historically the building has never had a canopy or awning; or
The addition of a canopy or awning would hide or compete with existing architectural elements, such as ornamental headers, lintels, sills, transom windows, or entrances.
§ 120-57.10 Building additions.
The intent of the following standards is to allow the construction of additions to nonresidential buildings within the VC District where they may be required for the use of existing buildings. All proposed additions within the VC District are subject to the setback and bulk requirements of Article 21 of this chapter, as well as the following standards:
Materials shall be chosen for their compatibility with those in the original building. The addition should take design cues from the original building (i.e., massing, proportions, roof shape, window and door spacing, door types, and level and kind of ornamentation).
The appearance of the original building shall remain as unchanged as possible when incorporating an addition.
The addition shall be visually subordinate to the original building. This is achieved by keeping the addition smaller in scale from the original building, and by locating the addition towards the rear of the original building whenever possible.
§ 120-57.11 Additional regulations.
Existing original architectural elements and features (§§ 120-57.3 through 120-57.10 of this article) of traditional buildings that are in need of repair or replacement shall be done so in kind by either reusing original materials or duplicating the design and materials of the original as closely as possible.
In the event that traditional architectural elements or features (§§ 120-57.3 through 120-57.10 of this article) have previously been removed or altered from original buildings, subsequent efforts to repair or replace these elements should be done in such a way to return the building to its original historic specifications as closely as possible.
The Village Planning Board reserves the right to consult with any other board, commission, department, agency, and/or official it deems advisable for the purposes of design review and considerations.
The Village may also engage the services of engineers, planners, architects, attorneys, or other professionals to aid in the consideration of all development within the Village Center District. The applicant shall reimburse all costs incurred for such professional services to the Village.
§ 120-57.12 Demolition considerations.
The intent of this section is not to prohibit the demolition of nonresidential structures within the VC District, but to preserve existing structures that significantly contribute to the character or historical significance of the district. This section includes the expectation that owners will assume the role of caretakers for district structures, with responsibility for maintaining and protecting district buildings. Furthermore, this section shall have no limitation on the Village's ability to take whatever action necessary to protect the health, safety, and welfare of the public.
Demolition and SEQRA. The demolition of any nonresidential structure within the VC District is considered an unlisted action under SEQRA. However, any demolition occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places is considered a Type I action by SEQRA.
Demolition approval. Site plan approval for the property must be obtained from the Planning Board prior to the issuance of a demolition permit. The Planning Board shall grant the demolition and issue a demolition permit when the applicant submits suitable evidence that one or more of the following conditions exists:
The structure contains no features of architectural and historical significance contributing to the character of the district within which it is located.
The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level, that there exists no feasible and prudent alternative to demolition.
Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of this article.
The proposed redevelopment is consistent with the purpose and objectives of this article.
Historical significance. The Planning Board will also consider the structure's architectural character, historical significance, and physical condition, and whether prohibiting demolition will deny the owner of economically viable use of their land. Principal structures will be afforded more protection than accessory buildings.
Safety hazards. The Village Board of Trustees may grant relief from this provision if the structure is deemed to be an immediate and irreparable safety hazard by the Code Enforcement Officer.
Demolition without permit. Property owners who demolish buildings without obtaining approval of the Planning Board shall be required to rebuild the structure to its original historical specifications if deemed appropriate after consideration by the Board. All expenses incurred as a result of said demolition and rebuild requirements shall be the responsibility of the property owner.