Lake George Village
City Zoning Code
City Zoning Code
ARTICLE VI
General Regulations
§ 220-23 Off-street parking.
A.
Off-street parking space shall be required for all buildings constructed, altered, extended or engaged in use after the effective date of this chapter in accordance with the parking table shown below.
(1)
Parking spaces required in all districts shall be located on the side or in the rear of the primary structure on the same lot as the principal use.
(2)
If parking is located to the side of the building, a landscape buffer and/or fence is required between the parking lot and the public sidewalk.
[Added 7-22-2013 by L.L. No. 4-2013[1]]
[1]
Editor’s Note: This local law also provided for the renumbering of former Subsection A(2) through (6) as Subsection A(3) through (7), respectively.
(3)
All square footage requirements refer to the gross leasable area of the building or portion thereof dedicated to the use in question.
(4)
In any district the Planning Board may, at its discretion, approve the joint use of a parking facility and grant a reduction in the parking requirements of up to 30% by two or more principal buildings or uses where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the requirements by reason of variation of the time of use by patrons or employees, among such establishments. Evidence of such reduction shall use the methodology in the reference titled "Shared Parking," published by the Urban Land Institute or a methodology accepted by the Planning Board. Such reduction shall only apply to individual uses which require 10 or more spaces.
(5)
No use shall be allowed parking facilities that accommodate more than 20% over the amount specified in this article unless expressly allowed by the Planning Board as part of an application for site plan review.
(6)
At least 10% of the area of any parking lot with spaces for 15 or more cars shall consist of a landscaped green space.
(7)
Size.
(a)
Perpendicular parking (90°).
[1]
Each parking space shall be nine feet by 18 feet.
[2]
The minimum aisle width shall be 24 feet for two-way traffic.
[3]
The minimum aisle width shall be 22 feet for one-way traffic.
(b)
Angled parking (60°).
[1]
Each parking space shall be nine feet by 22 feet.
[2]
The minimum aisle width shall be 23 feet for two-way traffic.
[3]
The minimum aisle width shall be 18 feet for one-way traffic.
B.
Off-street parking schedule.
[Amended 12-15-2008 by L.L. No. 16-2008; 11-15-2010 by L.L. No. 17-2010; 7-22-2013 by L.L. No. 4-2013]
Zones | |||||
|---|---|---|---|---|---|
Uses | R Residential | RMU Residential Mixed-Use | CMU Commercial Mixed-Use | CR Commercial Resort | |
Adult uses | NA | NA | NA | As determined by site plan review | |
Amusement park | NA | NA | NA | As determined by site plan review | |
Banks | NA | NA | None | As determined by site plan review | |
Bed-and-breakfast | NA | 1 per room | As determined by site plan review | NA | |
Boardinghouse, level one | As determined by site plan review | As determined by site plan review | 1 per unit | NA | |
Boardinghouse, level two | NA | 1 per unit | 1 per unit | NA | |
Boat launch | NA | NA | 1.5 spaces for each trailer | 1.5 spaces for each trailer | |
Boat storage | NA | NA | As determined by site plan review | As determined by site plan review | |
Day-care center | NA | None | None | NA | |
Day-care, family | None | None | None | NA | |
Day-care, family group | NA | None | None | NA | |
Docking facilities, temporary and permanent | NA | NA | None | 1 per berth | |
Drive-through use | NA | NA | As determined by site plan review | As determined by site plan review | |
Dwelling unit | NA | 1 per unit | 1 per unit | NA | |
Dwelling, apartment house | NA | As determined by site plan review | As determined by site plan review | NA | |
Dwelling, multifamily | NA | 1 per unit | None | NA | |
Dwelling, single-family | 2 per unit | 2 per unit | 2 per unit | NA | |
Dwelling, time-share | NA | NA | 1 per unit | 1 per unit | |
Dwelling, two-family | NA | 1 per unit | None | NA | |
Dwelling, townhouse, level one | NA | 1 per unit | 1 per unit plus 1 additional for every 10 units | NA | |
Dwelling, townhouse, level two | NA | NA | 1 per unit plus 1 additional for every 10 units | NA | |
Dwelling, upper floor residential | None | None | None | NA | |
Essential service | None | None | None | None | |
Funeral home | NA | 1 per four seats | None | 1 per three seats | |
Garden center | NA | NA | As determined by site plan review | As determined by site plan review | |
Health club | NA | NA | None | 1 per 500 square feet | |
Hotel/motel | NA | NA | 1 per room plus 1 additional for ever 10 rooms | 1 per room plus 1 additional for ever 10 rooms | |
Inn | NA | NA | As determined by site plan review | 1 per room | |
Home occupation, level one | None | None | None | NA | |
Home occupation, level two | NA | One space per employee | None | NA | |
Libraries | NA | NA | 1 per 600 square feet | 1 per 600 square feet | |
Light industry | NA | NA | One space per two employees | ||
Marina | NA | NA | None | 1 per berth | |
Museum | NA | NA | 1 per 800 square feet | 1 per 800 square feet | |
Professional offices | NA | NA | None | As determined by site plan review | |
Professional offices, neighborhood | NA | 1 per 500 square feet | None | As determined by site plan review | |
Public buildings | NA | None | None | 1 per 1,000 square feet | |
Recreation facilities | NA | NA | As determined by site plan review | As determined by site plan review | |
Redesign of existing motels | NA | As determined by site plan review | As determined by site plan review | As determined by site plan review | |
Restaurant, fast-food | NA | NA | As determined by site plan review | As determined by site plan review | |
Restaurant, full-service | NA | NA | None | None | |
Retail, general | NA | NA | As determined by site plan review | As determined by site plan review | |
Retail, neighborhood commercial | NA | As determined by site plan review | None | As determined by site plan review | |
School | NA | NA | 4 per classroom | NA | |
Service station | NA | NA | As determined by site plan review | As determined by site plan review | |
Swimming pool, private | None | None | None | None | |
Tavern | NA | NA | None | None | |
Theater | NA | NA | None | None | |
Water-based activities | NA | NA | As determined by site plan review | As determined by site plan review | |
NOTES: | ||
|---|---|---|
NA None | Indicates that a parking standard is not applicable because the use is not permitted in that district. Indicates that there is no minimum required parking. | |
C.
Off-street loading.
(1)
Loading requirements vary with the specific uses proposed. Loading requirements shall ensure, to the extent feasible, that trucks can unload cargo in a manner that does not interfere with pedestrian and automobile traffic on public roads. Requirements for the number and location of loading facilities shall be established by the Planning Board during site plan review based upon:
(a)
The expected maximum number of vehicles using the loading facilities at times of peak usage.
(b)
The type of business, size of the structure, and size of vehicles to be servicing the structure.
(c)
The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.
(d)
The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.
(e)
The desirability of requiring service roads or alleys to achieve the purposes of this section.
(f)
Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.
(g)
Other operational characteristics of the business or physical characteristics of the site deemed appropriate by the reviewing Planning Board or official.
§ 220-24 Sign standards.
A.
General regulations.
(1)
Signs are a permitted accessory use.
(2)
Except as otherwise provided, a sign permit from the Village is required prior to the erection of any sign.
[Amended 10-21-2013 by L.L. No. 7-2013]
(a)
Except as provided in § 224-24B(7)(b)[9], C, and D, only one additional outdoor sign advertising a business is allowed.
[1]
The sign must carry advertising strictly incidental to a lawful use of the premises. No other additional outdoor signage is allowed.
[2]
The sign must be portable and stored inside when the business is not open.
[3]
Additional lighting for the sign is not allowed.
[4]
A-frame signs, as allowed in § 220-24B(7)(b)[13], will count as the one additional outdoor sign, and all other provisions of § 220-24B(7)(b)[13] will apply to the seasonal permit for an A-frame sign.
(b)
The additional sign must be in front of the business the sign pertains to and must be on the owner's property but in no event may be closer than 10 feet to the public right-of-way.
[Amended 7-21-2014 by L.L. No. 4-2014]
(c)
Except for a menu board, the additional sign must be approved by the Planning Board.
(d)
One menu board is allowed for licensed food establishments and must be approved by the Zoning Office. If a licensed food establishment displays a menu board, no other additional outdoor signage is allowed. A menu board may be changeable or permanent or a blackboard indicating items sold and their prices and is exempt from the ten-foot setback.
[Amended 7-21-2014 by L.L. No. 4-2014]
(e)
The overall size of the additional outdoor sign can be no larger than 15 square feet with no one dimension greater than five feet. This size includes but is not limited to any border, sign supports and the like.
(3)
Signs are not permitted as principal uses.
(4)
Except as provided in § 220-24B(7)(a)[9][d] and § 220-24B(7)(a)[10], no off-premises signs are allowed.
[Amended 12-15-2008 by L.L. No. 15-2008]
(5)
No sign shall be attached to any roof or mansard facade.
(6)
No sign may extend more than four feet over the street, right-of-way or property line.
(7)
No sign or part thereof shall contain or consist of animation, pinwheels, posters, pennants, ribbons, streamers or other similar moving, fluttering or revolving devices. Such devices, as well as strings of light, shall not be used for the purposes of advertising or attracting attention when not part of a sign, except as provided below.
[Amended 12-18-2006 by L.L. No. 12-2006; 3-19-2012 by L.L. No. 3-2012]
(8)
Wall signs, projecting signs, hanging signs and window signs used to name the business shall use a color palette which is complementary to the building.
[Amended 5-19-2014 by L.L. No. 2-2014]
(a)
The design of a sign shall use a color scheme to promote an overall harmonious composition.
(b)
Graphics are limited to two graphics per sign, and the colors shall be coordinated with the theme of the sign.
(c)
A maximum of four colors is allowed for the entire sign, foreground, background, border and text.
(d)
Signs shall not contain reflective material, fluorescent paint or colors that shock the senses or scream for attention, such as but not limited to bright pinks, greens, yellows and oranges.
(e)
Signs that do not currently comply with § 220-24A(8) as stated above shall be brought into compliance no later than one year from the date of filing in the office of the New York State Secretary of State or as provided in § 27 of the Municipal Home Rule Law.
(9)
Signs shall not be allowed on a lot unless such signs carry advertising strictly incidental to a lawful use of the premises, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, and the name of the business, or person, occupying said premises. No off-premises signs are permitted.
[Amended 10-21-2013 by L.L. No. 7-2013]
(10)
No A-frame-type signs, portable signs, signs on rocks, trees and other parts of the natural landscape or signs on a public street shall be allowed, except as provided herein.
(11)
Signs designating credit cards accepted may be displayed in a window. Said signs shall be computed as part of the allowable interior sign area as described in Subsection B(4), Interior signs, below.
[Amended 10-21-2013 by L.L. No. 7-2013]
(12)
No freestanding sign, projecting building sign, marquee sign, or any other sign or lighting device shall be erected or maintained on any municipal property or right-of-way unless erected by the proper municipal authorities, except as provided herein.
(13)
Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs or societies shall be exempt from sign fees, if such signs or bulletin boards do not exceed 10 square feet and are located on the premises.
(14)
Only one face of a double-faced sign shall be included in computation of display area.
(15)
Except as provided in § 220-24A(2)(e), the structure supporting a sign is not included in determining the display area unless the structure forms an integral background for the display.
[Amended 10-21-2013 by L.L. No. 7-2013]
(16)
No signage shall be permitted referring to rates of any accommodations, such as but not limited to low rates, lowest rates, off-season rates, special rates, etc.
[Added 6-21-2010 by L.L. No. 7-2010]
(17)
Signs shall not contain misleading or inaccurate information such as but not limited to "going out of business," unless such is the case.
[Added 6-21-2010 by L.L. No. 7-2010]
(18)
Except as provided herein, continuously scrolling signs are prohibited.
[Added 3-19-2012 by L.L. No. 3-2012]
(19)
Electronic signs are limited to reader boards on a freestanding sign or inside window sign only.
[Added 3-19-2012 by L.L. No. 3-2012]
(20)
Signs attached to any door leading to the interior of the premises are limited to 25% of the individual door space. Such signage is limited to information that is relevant to the business, and information referring to the sale of a product is not allowed.
[Added 3-19-2012 by L.L. No. 3-2012; amended 5-19-2014 by L.L. No. 2-2014]
(a)
When computing the 25% of a door sign, the smallest rectangle or square enclosing the sign shall be used to determine the size of said sign.
(21)
No electronic monitors, such as, but not limited to, TVs and computers, may be placed outdoors within view or sound of the public right-of-way with the exception of electronic devices necessary to provide service to the waitstaff or patrons.
[Added 3-19-2012 by L.L. No. 3-2012]
B.
The following signs are permitted, subject to the limitations provided below, in any use district, but require a permit as provided herein:
(1)
Illuminated signs.
(a)
Any illuminated sign or lighting device shall employ only lights of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent or moving light or lights. The provisions of this section shall not be applied so as to prohibit a sign changing to show time, temperature, or event or tour schedules.
(b)
In no event shall an illuminated sign or lighting device be placed or directed as to illuminate a public street, highway, sidewalk or adjacent premises as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(c)
Internal lighting.
[1]
No neon or rope lights shall frame or highlight a window.
[2]
Internally lit signs with a transparent or light background color are prohibited. Dark background internally lit signs are permitted.
[3]
Only lettering, graphics, or logos shall be illuminated with the background areas darkened and sufficiently opaque so as to prevent light spillage.
(2)
Projecting signs.
(a)
Size. The maximum size of any projecting sign shall be five square feet.
(b)
Material. Projecting signs shall be wood-carved and nonilluminated, with an ornamental hanger.
(c)
Attachment. Signs shall be perpendicular to and attached to the building face of the premises which they advertise.
(d)
Projection. Signs shall have a minimum projection of six inches and a maximum projection of three feet six inches from the building face.
(e)
Clearance. Signs shall have a minimum clearance of eight feet and a maximum clearance of 10 feet from the ground. All measurements of clearance are from the ground to the bottom of the sign.
(f)
Encroachment. If any part of any sign encroaches into any air space over Village property, and if such encroachment is permitted by the Village Board, the owner of such sign shall execute a hold-harmless agreement upon such forms as provided by the Village and shall also provide to the Village a complete copy of a policy of liability insurance in which the Village is named as an additional insured in the minimum sum of $500,000 per occurrence.
(3)
Freestanding signs.
[Amended 6-15-2009 by L.L. No. 6-2009]
(a)
No freestanding sign shall have a display area exceeding 50 square feet with a maximum dimension of 10 linear feet on any one side, height or width.
(b)
No freestanding sign or its support shall exceed a height of 25 feet.
(4)
Interior signs. No sign or combination of signs erected or maintained in the window of a building and visible from any public or private street or highway shall occupy more than 35% of the window area, except as provided herein. Electronic window signs, including but not limited to televisions, computers, or projectors, are prohibited.
[Amended 3-19-2012 by L.L. No. 3-2012; 5-19-2014 by L.L. No. 2-2014]
(a)
When computing the 35% of a window sign, the smallest rectangle or square enclosing the sign shall be used to determine the size of said sign.
(5)
Wall signs. Total wall signage shall not exceed 1.5 square feet per linear foot of building frontage, 10% of the total area of the building facade, or 25 square feet, whichever is less.
(6)
Awning, canopy and umbrella signs.
[Amended 3-19-2007 by L.L. No. 6-2007]
(a)
Lettering may be placed on the front and/or side panels of the awning, but not on the slope.
(b)
Awning lettering may contain names, numbers, and graphics limited to the business name or building name upon which the awning is located.
(c)
Umbrellas shall not contain any signage.
(7)
Temporary signs. No temporary sign shall be erected except as hereinafter provided.
(a)
The following temporary signs are permitted without a permit, provided that such signs comply with the general regulations of this chapter:
[1]
Temporary signs in the form of window signs, provided that they do not occupy more than 35% of the window area they are displayed in and that they are not displayed for more than 14 consecutive days.
[Amended 12-18-2006 by L.L. No. 12-2006; 5-19-2014 by L.L. No. 2-2014]
[a]
When computing the 35% of a window sign, the smallest rectangle or square enclosing the sign shall be used to determine the size of said sign.
[2]
Signs posted by governmental agencies or required by governmental law, order or regulations.
[3]
Signs required by the legal process.
[4]
Historical tablets, memorial plaques or emblems installed by governmental agencies or religious or legally recognized not-for-profit not to exceed six square feet.
[5]
Transportation signs, including but not limited to bus stops, not to exceed two square feet.
[6]
Signs necessary for the identification, operation or production of a public utility.
[7]
"Warning," "Private Drive," "Posted" or "No Trespassing" signs, not to exceed two square feet.
[8]
Noncommercial flags or emblems, not to exceed 15 square feet with no single dimension greater than five feet, not to exceed three flags per 50 feet of frontage, flown from supports of the buildings or grounds being occupied by the organization or by an individual.
[Amended 8-19-2013 by L.L. No. 6-2013]
[9]
Signs advertising the sale, lease or rental of a premises upon which the sign is located:
[a]
Residential zones: one sign, not to exceed six square feet.
[b]
Commercial zones: one sign, not to exceed nine square feet with no single dimension greater than five feet.
[c]
Signs shall be removed no later than three days after the transfer of title, lease or rental of the premises.
[d]
Off-premises "Open House" directional signs permitted on day of event only.
[e]
Nonilluminated project signs denoting the developer, architect, engineer, subcontractors or contractor on the premises where construction, repair or renovation is in progress. Each project shall be permitted one sign not to exceed six square feet in area, to be removed upon completion of the project but not to be in place longer than two years. Setbacks from all property lines shall be a minimum of 15 feet.
[10]
Private-owner merchandise sale signs for garage sales and auctions may be in place for a period not to exceed seven consecutive days and must be removed within 24 hours of the closing of the sale. No more than six signs per sale are allowed. The size of such signs shall not exceed four square feet.
[Amended 12-15-2008 by L.L. No. 15-2008]
[11]
Price signs required on gasoline pumps by New York State or federal law, not to exceed the minimum requirements established by law.
[12]
Commercial signs, for example, "Grand Opening," "End of Season," "Closeout," and "Going Out of Business" or signs with similar messages, provided that they are no more than 15 square feet with no single dimension greater than five feet, shall be permitted for no more than 14 consecutive days.
(b)
The display of all other temporary signs requires a permit from Memorial Day through Labor Day and is subject to a deposit and must comply with the following regulations:
[Amended 4-17-2006 by L.L. No. 6-2006; 12-18-2006 by L.L. No. 12-2006; 3-19-2007 by L.L. No. 4-2007; 8-19-2013 by L.L. No. 6-2013]
[1]
An application for a permit to erect, distribute, or post a temporary sign is required to be in writing and must be filed with the Village Clerk-Treasurer not less than two business days prior to the date of the proposed temporary sign activity. The applicant will be notified in writing of the grant or denial of a permit. If the permit is denied, the applicant will be notified in writing of the reason for the denial. If such application is filed before two business days prior to the date of the proposed temporary sign activity, the applicant will be notified of the grant or denial of the permit within two business days of when the application for the permit is submitted. If the application for a permit is submitted on exactly two business days prior to the date of the proposed temporary sign activity, the applicant will be notified of the grant or denial of the permit within one business day of when the application for the permit is submitted.
[2]
The Mayor shall issue a permit, after receipt of a deposit of $100, if such application complies with the criteria set forth within the section. When issuing a permit for temporary sign activity, the only criteria the Mayor will consider are any history of illegal behavior within the Village by the applicant and the number and locations of temporary signs already permitted. In determining how many temporary signs for particular locations will be issued a permit, the Mayor will only take into account the level of vehicle traffic, foot traffic and pedestrian flow reasonably anticipated in such location and any public safety concerns that could result from the disruption of vehicle and pedestrian traffic.
[3]
A permit can also be denied if the applicant, on a prior occasion within the last year, had knowingly violated a material term or condition of the previous permit the applicant had been granted. A violation of a material term or condition of a previous permit includes disregarding the location specified on the permit, causing litter as defined in § 137-1, or violating any local or general law while participating in the activity specified on the permit which was granted. An applicant who is refused based upon the foregoing factors may only be refused for a maximum of one year upon said applicant's first application thereafter.
[4]
If a permit is denied based upon the considerations set forth in Subsection B(7)(b)[2], of this subsection, a new permit can be granted for a different location based upon a first-come-first-served basis. The Mayor shall issue a new permit for a different location so as to reduce the inconvenience of the applicant filing a new permit application. When the Mayor issues a new permit, the Mayor will contact the applicant to discuss a new location without the need for a new permit application.
[5]
The requirement of a deposit of $100 for permits as specified in Subsection B(7)(b)[2], may be waived upon a showing of indigence. Indigence can be shown through a written explanation by the applicant setting forth the exact reasons for said applicant's inability to provide the deposit of $100. The deposit of $100 shall be used to clean up any litter left behind by the temporary signs; if no litter is left behind, the deposit will be refunded in full. Any portion of the deposit which is forfeited will be limited to the actual cost of the cleanup of the litter. If any litter left behind causes the Village of Lake George to spend more than the deposit of $100 to cleanup, the persons, firms, corporations, partnerships, or associations responsible for the litter may be denied a permit the next time they apply and will be subject to the penalties of littering pursuant to § 137-12.
[6]
The sign shall be no more than 15 square feet with no single dimension greater than five feet.
[7]
Except in the case of a stationary temporary sign, each permit shall not exceed one consecutive day if there are other permits pending for that same location by other applicants. However, there are no limitations as to how many permit applications can be submitted for a specified location by a person, firm, corporation, partnership or association. For stationary signs, no permit shall exceed 14 days. After 14 days, a person, firm, corporation, partnership or association may submit a new application which will be granted or denied based upon the same considerations enumerated within this subsection.
[8]
The Mayor shall specify in the terms of all permits issued pertaining to temporary signs the precise location within the Village where such signs shall be allowed. These permits for specific locations will be issued based upon a first-come-first-served basis.
[9]
Such signs shall not project more than 15 inches from the face of the building wall nor extend beyond the outer edge of the wall to which they are attached.
[10]
Such signs shall not attach to fences, trees, utility poles or the like, or be placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public.
[11]
Placement of temporary signs shall not hinder pedestrian traffic.
[12]
Each business property site is allowed only one such sign at a time. Each such sign shall be affixed to the business property site of the property owner designated in the permit application.
[13]
A-frame signs seasonal permits. Permits may be issued from September 15 until May 24, provided that the signs conform to the following:
[a]
The display area shall be no greater than three feet by three feet per side.
[b]
One sign per storefront shall be permitted.
[c]
Signs shall be located on a sidewalk.
[d]
Signs shall only be displayed during open hours of business.
[e]
Signs shall be subject to Planning Board approval.
[14]
Banners shall be those made of vinyl, cloth or other flexible material designed to be hung or attached to a building temporarily, and shall conform to the following:
[a]
The banner shall be no more than 15 square feet with no single dimension greater than five feet.
[b]
There shall be no more than one banner attached to a single building or storefront.
[c]
The banner may contain commercial advertising. Such commercial advertising cannot be more than 33 1/3% of the banner. The remaining percentage shall be devoted to a message specifically welcoming a group, promoting a special event, entertainment, or an event specific to the location of the banner.
[d]
Any wholesaler supplying banners must be authorized to do so by the State Liquor Authority. Proof of such authorization will be required prior to obtaining a permit.
[e]
A permit for a banner must be obtained and is valid for 30 days from the date issued. Two banner permits may be purchased in one calendar year. The fee for each banner permit is $100. Permit holders will be permitted to change banners at their discretion so long as they conform to all sections of this chapter.
[f]
Special convention, group or association banners that are designed to specifically welcome their members and contain no commercial advertising do not count as the one permitted banner. They may be placed on a building for a period of no longer than 14 days. They shall be made of vinyl, cloth or other flexible material designed to be hung or attached to a building temporarily. The banner shall be no more than 15 square feet with no single dimension greater than five feet.
(8)
Reader board. All reader boards require a permit and must comply with the requirements set forth in this chapter.
[Added 3-19-2012 by L.L. No. 3-2012]
(a)
The size of the reader board shall be included in the overall size of the sign. Electronic reader boards are limited to 15 square feet.
(b)
Only one reader board is allowed per business.
(c)
The reader board must be placed below the identification signage.
(d)
Electronic reader boards shall have a dark background. White lettering is not allowed.
(e)
Electronic reader board messages shall not scroll.
(f)
Electronic reader boards which have been approved prior to the enactment of this subsection are grandfathered with respect to the size requirement set forth in Subsection B(8)(a). If these previously approved signs are changed in any way, they will be subject to all current sign requirements.
(g)
Electronic reader boards are only allowed in the Commercial and Commercial Mixed Use Zones.
(h)
Electronic signs shall not display any graphics; they shall consist of words only.
(i)
Electronic reader boards may have plain borders.
C.
Placement, number and height limitation of permitted signs unless otherwise provided.
(1)
Placement and number. Commercial Resort and Commercial Mixed-Use Zones.
(a)
Businesses may be granted a permit for two signs, one freestanding double-faced sign and one sign attached to a building, or two signs attached to a building (wall or projecting).
(b)
Businesses where the principal building is located with frontage on more than one street or public highway will be permitted one wall sign or one projecting sign or one freestanding sign facing each street, regardless of frontage.
(c)
A permit may be granted for the erection of directional signs, provided that each individual sign does not exceed three square feet in area and is limited to the text "entrance" or "exit." One directional sign shall be allowed for each curb cut or driveway associated with the business or parcel.
(d)
In addition to the above, a permit may be granted for an externally lit identification sign on the lakeshore, provided that such sign does not exceed 15 square feet in area and the sign shall state only the name of the business or property.
(e)
A permit may be granted for additional signage attached or hung from a portion of the principal building or principal sign that contains products or services offered at that location, provided such sign does not exceed 60 square inches, is wood-carved, contains letters only and does not project from the face of the building, railing or other appurtenances by more than two inches. All such signs in place as of the date of this subsection are hereby grandfathered so long as ownership of the property remains the same.
[Added 6-15-2009 by L.L. No. 6-2009]
(f)
A permit may be granted for additional signage attached or hung from another building located on the same parcel of property with frontage on a public street, owned and operated by the same business, with a separate street address. Such signage shall match the wall signage on the other building and identify only the business and/or logo.
[Added 2-14-2022 by L.L. No. 2-2022]
D.
Restrictions.
(1)
Only one wall sign per business is permitted.
(2)
Businesses are not entitled to any additional freestanding signs due to any of the following circumstances:
(a)
A business being situated on two or more lots, regardless of whether such multiple lots were created as two or more parcels in one deed, multiple deeds, separate Tax Map parcels, or otherwise.
(b)
A business owned by a person or entity other than the owner(s) of the real property on which it is situated.
(c)
If a business is located upon one or more contiguous lots or parcels, only one freestanding sign is permitted, regardless of whether the ownership of such lots or parcels is the same.
(d)
If two or more businesses are located upon one or more contiguous lots or parcels, only one freestanding sign is permitted. The owner of such real property or business may elect which business to advertise or how the allowable signage is allocated among the various businesses.
E.
Sign removal.
[Amended 5-27-2009 by L.L. No. 4-2009]
(1)
Any new sign which does not comply with the regulations established for the issuance of a permit pursuant to this chapter or which permit is revoked or which is deemed to be an abandoned sign; or which is not maintained in good and complete condition with lettering and graphics clean, legible, in true alignment and finishes in good repair, is prohibited and shall be brought into compliance or removed.
(2)
The business, property and/or sign owner of any noncomplying sign and/or abandoned sign shall be in violation until such sign(s) is removed or repaired. The Village may, with 30 days' prior written notice to the property and/or sign owner(s), remove such sign without further notice or further proceedings at the expense of the property and/or sign owner. The expense may be recovered by the Village in an action instituted in a court having competent jurisdiction.
F.
Amortization of nonconforming signs. Nonconforming signs, except as herein provided, existing either by variance previously granted or by conformance with the regulations existing when the original permit was granted, shall be removed or brought into compliance with the provisions herein no later than five years after the adoption of this chapter. If said sign is changed in any way, then said sign shall be required to conform with this chapter.
[Amended 3-19-2007 by L.L. No. 6-2007]
G.
Nonconforming freestanding signs.
(1)
Freestanding signs in existence prior to adoption of this chapter may remain as a nonconforming accessory use except those signs existing in the RMU District. Such signs shall be deemed grandfathered nonconforming uses.
(2)
If the lettering, message or graphics on a freestanding sign is changed, it shall be required to conform to this chapter.
H.
Seasonal banner and flag permits. The Village of Lake George considers banners and flags as signs. During a certain time frame, the Village will allow such signs for an extended period of time, providing they conform to all other sections of this article.
[Added 3-18-2013 by L.L. No. 1-2013]
(1)
Applications for a permit are available at the Village Hall for the seasonal use of banners and flags. The fee is $50 per year.
(2)
Permitted banners and flags may be displayed from September 15 to May 24 annually. These banners and flags must be removed by May 24.
(3)
Permit holders will be permitted to change banners and flags at their discretion, provided they are approved by the Village Hall in advance.
(4)
Permitted banners and flags are limited to those unique to the business, such as a banner or flag that says "open."
§ 220-25 Lighting standards.
Outdoor lighting shall meet the following criteria and standards. The standards set forth below shall apply to freestanding light fixtures and/or outdoor light fixtures affixed to a building or structure. Existing outdoor lighting shall meet the following criteria and standards within two years of adoption of this chapter:
A.
Light levels at property line shall not exceed 0.1 footcandle.
B.
In parking lots and walkways and/or areas other than at the building facade, no light shall be emitted from the source in an upward direction.
C.
Spotlights shall be aimed and/or shielded to reduce glare and prevent light trespass.
D.
Public spaces and sidewalks shall feature pedestrian-scaled lighting. Poles shall be no higher than 16 feet.
E.
Parking lot light poles shall be no higher than 30 feet.
§ 220-26 Home occupation standards.
Home occupations are permitted in existing and new homes, in outbuildings and in garages, subject to site plan approval and the following criteria and standards:
A.
All home occupations shall:
(1)
Be conducted by a resident of the lot;
(2)
Be compatible with the other uses allowed in the district;
(3)
Maintain the character of the neighborhood;
(4)
Ensure the peace, privacy, quiet, and dignity of the area; and
(5)
Avoid excessive noise, traffic, nuisance, fire hazard, and other adverse effects of business uses.
B.
Home occupation level one.
(1)
Home occupations shall be conducted in a manner which does not give the outward appearance of a business.
(2)
Home occupations shall be conducted within the home or accessory structure. Such use shall not alter the external appearance from a residential character.
(3)
Home occupations shall not generate automobile or truck traffic that would exceed the volume of traffic that would otherwise be generated by typical residential use.
(4)
Home occupations shall have no external storage of materials, equipment, containers, finished products or associated vehicles outside the home, outbuilding or garage other than that which is normally associated with residential use.
(5)
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. Such uses shall occupy an area no greater than 25% of the gross habitable area on the lot. The space occupied by the home occupation itself does not necessarily have to be in the habitable area.
(6)
Home occupations shall be limited to one per lot and shall not have any nonresident employees.
(7)
Home occupations shall display no sign or other indicia of the home occupation.
(8)
Home occupations shall not provide any additional off-street parking above and beyond the parking already required.
C.
Home occupation level two.
(1)
Home occupations shall be limited to two per lot.
(2)
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. Such uses shall occupy an area no greater than 50% of the gross habitable area of the lot. The space occupied by the home occupation itself does not necessarily have to be in the habitable area.
(3)
Each home occupation shall have only one sign which shall not exceed two square feet.
(4)
Home occupations shall allow no more than two nonresident assistants, interns, or employees at any one time per home occupation.
(5)
Home occupations shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required.
§ 220-27 General commercial standards.
A.
No overhead garage door shall be used as a public entrance to buildings within the Commercial Resort and Commercial Mixed-Use Zones.
B.
All businesses shall be operated out of a permanent structure; no booths, huts, tents or temporary enclosures of any kind are allowed except as follows:
[Amended 7-18-2011 by L.L. No. 8-2011]
(1)
Tents.
(a)
Definition. A tent is a collapsible, temporary shelter made of fabric, such as, but not limited to, nylon, or canvas, supported by poles and/or tie-down fixtures.
(b)
Permits are required and can be obtained from the Zoning Office for:
[1]
Any tent erected within 10 feet of any public right-of-way.
[2]
Any tent in excess of 10 feet by 10 feet that will be used for more than one day and is not part of a permitted special event or facilities use permit.
(c)
Requirements for a permit.
[1]
An application must be completed and approved.
[2]
Tents must be utilized solely by the principal licensed business on the property. No outside vendors.
[3]
Products sold from the tent are limited to the principal product sold by the business.
[4]
Applications must be received by the Village Office no less than seven days prior to the use date.
[5]
A fee of $50 must accompany the application.
(d)
One sign may be permitted to identify the use.
[1]
One sign, no more than 15 square feet, with no single dimension greater than five feet may be placed on the tent.
[2]
A drawing or sample of such sign shall accompany the application, if signage is requested. The sign will be approved by the Zoning Office.
(e)
Tent permits are valid for a maximum of seven days from the first date of use.
[1]
Two tent permits per property and/or business are permitted during any calendar year.
(f)
The following uses of temporary tents are exempt from this tent application/permit process:
[1]
Craft show, under the sponsorship of a not-for-profit.
[2]
Special event tents.
[3]
Circus, carnival, or fair.
[4]
Wedding.
[5]
Not-for-profit fund-raiser.
[6]
Any other event the Village Board of Trustees exempts by resolution.
C.
Awnings.
(1)
Application procedure. No awning shall be placed, affixed or attached unless a colored scale drawing thereof shall be approved by the Planning Board.
(2)
Encroachment. If any part of any awning encroaches into any air space over Village property, and if such encroachment is permitted by the Village Board of Trustees, the owner of such awning shall execute a hold-harmless agreement upon such forms as provided by the Village and shall also provide to the Village a complete copy of a policy of liability insurance in which the Village is named as an additional insured in the minimum sum of $500,000 per occurrence.
(3)
Standards in the Commercial Mixed-Use Zone.
(a)
Material. Awnings shall be made of fixed or retractable canvas.
(b)
Supports for awnings may be made of wood, metal or other suitable material.
(c)
Projection. Awnings shall have a minimum projection of five feet, and a maximum projection of seven feet from the building face.
(d)
Clearance. Awnings shall have a minimum clearance of seven feet six inches. All measurements of clearance shall be from the ground to the bottom of the awning.
(e)
Signs on awnings shall only be located on the leading edge or on the side panels and must be approved by the Planning Board.
(f)
Awnings shall not be internally lit or backlit.
(g)
Awning colors shall be consistent with those of the building.
D.
Maintenance. All awnings shall be maintained in a good and safe condition. Any awning which has visibly deteriorated shall be removed by the owner of the awning upon written notice from the Zoning Code Enforcement Officer.
E.
Windows and doorways. Coverings. The owner of commercial premises shall not hang, place, erect or apply a covering either on, inside, or outside of a window or glass door for more than a forty-eight hour continuous period without first obtaining approval of the Planning/Zoning Department.
[Added 6-18-2012 by L.L. No. 4-2012]
F.
Effective date. This section shall take effect immediately upon the filing of this section with the Secretary of State of the State of New York.
[Added 6-18-2012 by L.L. No. 4-2012]
§ 220-28 Accessory structures.
Accessory structures may be erected in accordance with the following restrictions:
A.
No more than two accessory structures shall be allowed on any single or adjoining lot of the same ownership.
B.
No accessory structure shall be located closer than 10 feet from a principal structure.
C.
Maximum accessory structures footprint shall be limited to:
(1)
Garages: 800 square feet.
(2)
Private greenhouses: 800 square feet.
(3)
Storage sheds (including wood storage facilities): 500 square feet.
(4)
Commercial accessory structures: 75% of the square footage of the primary structure.
(5)
Outdoor area: 50% of the inside service area of the same establishment, excluding bathrooms.
[Added 5-27-2009 by L.L. No. 4-2009]
D.
Up to two additional (three in total) commercial structures containing the same use may be considered a single primary structure.
E.
All accessory structures shall comply with the dimensional requirements for the zone in which it is located.
§ 220-29 Swimming pool standards.
A swimming pool shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
A.
A private swimming pool shall be located in a rear yard only.
B.
A private swimming pool shall not occupy more than 25% of the rear yard area.
C.
The swimming pool area shall be entirely enclosed with a durable fence not less than four feet in height.
D.
Every gate or other opening in the fence enclosing any swimming pool shall be kept securely closed and latched at all times when such pool is not in use.
E.
A swimming pool shall not be less than 10 feet from side and rear lot lines.
F.
The water inlet of every swimming pool shall be above the overflow level of said pool.
G.
No permit shall be granted for the installation or construction of any commercial swimming pool unless a professional engineer licensed by the State of New York or the contractor has certified that the drainage plan and construction plan of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, or with the public streets or adjacent properties.
§ 220-30 Sight triangle.
A sight triangle shall be maintained free from visual obstructions for a distance of 25 feet in both directions from a street corner and a distance of 10 feet in both directions from a curb cut along a public right-of-way, so as to provide safe sight distance for both vehicles and pedestrians.
§ 220-31 Property line fences and walls.
A.
Fences and walls shall require a building permit.
B.
The height of fences and walls shall be measured from the lowest adjoining finished grade, except where used to comply with screening requirements for parking, loading, storage, and similar areas.
C.
The finished side of the fence shall face neighboring properties or the street.
D.
Fences and walls shall not encroach on any public right-of-way.
E.
The owner of the fence or wall must maintain both sides of the fence or wall in respectable condition.
F.
The height of fences and walls located within a corner lot or curb cut sight triangle shall not exceed 36 inches above the lowest adjoining finished grade.
G.
The height of fences and walls shall not exceed four feet in front yards, six feet in side yards, and six feet in rear yards, unless otherwise directed by the Planning Board during site plan or special permit review.
H.
Suggested fence design types include stockade, coated chain link, channel fence, picket and shadow fence.
§ 220-32 Shoreline construction standards.
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to preserve as many mature trees and existing vegetation as possible, and to generally maintain the existing aesthetic and ecological character of the shoreline.
A.
No marina, boat service facility, or any storage of petroleum products shall be allowed within 100 feet of any shoreline, or a reasonable setback as determined necessary by the provisions of this chapter, unless measures have been taken to ensure that any leak, rupture or spill will be contained and not be introduced into or affect the adjacent waterway.
B.
Any paved or otherwise improved parking, loading or service area within 100 feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway in accordance with the stormwater provisions of this chapter.
C.
These standards are in addition to any and all shoreline standards established by the Adirondack Park Agency as stated in § 806 and/or § 811 of Article 27 of the Executive Law of the State of New York.
§ 220-33 Boardinghouse permit standards.
A.
All boardinghouse uses shall be owner-occupied.
B.
No alcoholic beverages may be sold on the premises.
C.
A boardinghouse shall not be permitted on the same lot with any other commercial use.
§ 220-34 Light industry standards.
In addition to any and all other applicable provisions of this chapter, light industrial uses shall:
A.
Not store materials outside of any structure.
B.
Conduct all activities associated with the industry in an enclosed structure.
C.
Not produce, process or alter items in excess of 250 pounds in weight or 40 cubic feet in size.
D.
Not store or manufacture hazardous materials, as defined by the Department of Environmental Conservation of the State of New York.
E.
Not undertake any process that is or will become noxious or offensive due to the emission of noise, smoke, dust, odors, gas or light.
§ 220-35 Antenna standards.
An antenna is an accessory use and shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
A.
No antennas, satellite dishes or other communications equipment shall exceed the height limits in the zoning district where it may be located.
B.
Roof-mounted antennas which do not exceed six feet in height above the roofline shall be permitted.
C.
All antennas shall be securely mounted to the ground or a structure and shall not be placed on any vehicle.
§ 220-36 Water-based activities.
The provisions of this section apply to the westerly shore of Lake George.
A.
Parasailing.
(1)
No more than two permitted parasailing operations shall be allowed.
(2)
Each parasailing operation shall be limited to one raft and three sails.
B.
Dock expansion.
(1)
Any existing dock currently registered with the Lake George Park Commission is deemed grandfathered. The square footage of any existing dock may be increased, including its length, but only if an equal amount of square footage and an equal length is eliminated from another existing dock under the same ownership in the Village.
C.
Tour boats.
(1)
Tour boats lawfully in existence as of the adoption of this chapter are deemed grandfathered.
(2)
Any new tour boat which is not grandfathered is subject to site plan review. In considering whether to grant site plan approval, the Planning Board shall consider all existing and applicable provisions of this chapter, including but not limited to:
(a)
Impact upon water quality.
(b)
Impact upon air quality.
(c)
Impact upon noise levels.
(d)
Visual impact and aesthetics.
(e)
Safety of operation and navigation.
(f)
Facilities for rest rooms and waste disposal.
(g)
Signage.
D.
Prohibition of offshore signage. The display of signage or commercial products from or by any surface or water-borne vessel (except the name of the vessel) is prohibited in or on the waters of Lake George within or 1,500 feet of the shoreline of the Village.
§ 220-37 Recreational facilities and amusements.
[Amended 11-16-2021 by L.L. No. 8-2021]
A.
General standards. These standards apply to all outdoor recreational facilities and amusements, including but not limited to amusement parks/planned recreational developments, mini-golf courses, recreational facilities or commercial recreational facilities.
(1)
Bulk requirements.
(a)
No amusement ride or recreational facility shall exceed 30 feet in height as measured from the ground level before construction or after, whichever results in the lower height limit.
(b)
Amusement rides or other amusement/attraction structures that exceed 20 feet in height measured from the ground level before construction or after, whichever results in the lower height limit, will be required to be situated on the interior of the lot or business. Structures over 20 feet in height measured from the ground level before construction or after, whichever results in the lower height limit, shall be set back from the public right-of-way by a minimum of 10 feet or 1/2 the height of the amusement/attraction (whichever is more), and screened from public view as best as possible.
(c)
Amusement parks and businesses that host amusement rides and amusement devices shall provide adequate space for line "queues" and waiting patrons within their own property. Waiting lines and gatherings are prohibited on the Village right-of-way or sidewalks.
(2)
Lighting.
(a)
Outdoor lighting at amusement parks, recreational facilities, and commercial recreational facilities and on amusement rides and amusement devices are required to be down lit and dark sky compliant, pursuant to the International Dark Sky Association standard, and should not result in any light "trespass" beyond property lines.
(b)
Lighting projection devices or light displays shall be shielded from public view where possible so as to minimize disturbance to surrounding properties.
(c)
Lighting on buildings, attractions or amusements shall be a maximum of three colors (if colored lights), and shall not include neon or fluorescent lighting.
(3)
Sound and noise.
(a)
Sound projection devices shall be oriented so as to minimize disturbance to surrounding properties, and to minimize the amount of noise heard from the public right-of-way.
(b)
Any and all sound projection shall adhere to the Village Noise Ordinance, Chapter 220, Appendix B.
(4)
Landscaping. A landscaping plan shall be required for all outdoor amusements and planned recreational developments.
(5)
Special events.
(a)
Lighting displays, musical events and/or the use of screens for projection of images or video is allowed as part of a special event, after approval by the Planning Board and Village Trustees.
(6)
Accessory amenities at hotels/motels.
(a)
Hotels/motels are permitted to have recreational facilities as accessory amenities, and shall not require Planning Board approval for those, individually. Commercial recreational facilities shall require Planning Board approval, regardless of their utilization as an accessory amenity or a principal use.
(b)
Permitted accessory recreational amenities allowed at hotels/motels can include mini-golf, individual rides, playgrounds, game rooms, sports courts and other privately owned recreational facilities.
(c)
A hotel/motel may be allowed to utilize part of their property for a drive-in theater or outdoor theater and for screen projection or tailgating purposes, following site plan approval by the Planning Board. The hotel/motel utilizing this provision must obtain site plan review approval, and must prove to the Planning Board during review that they have adequate space for the temporary use, that they can meet minimum parking requirements stipulated by the Planning Board, and they shall prove to the Planning Board there will be no adverse impacts to traffic, circulation, lighting, or noise from the proposed use.
B.
Planned recreational developments/amusement parks and arcade standards.
(1)
The amusement rides, amusement devices, recreational facilities and incidental uses located on the same lot or part of the same development shall be treated as a single business for the purposes of the sign provisions of this chapter.
(2)
There shall be only one major public entrance to a planned recreational development, and incidental uses shall be oriented towards the center of the recreational use. Public access to the incidental uses shall be available only from the interior of the development. Two public entrances may be allowed if the site of the planned recreational development is on a corner lot.
(3)
All rides of any nature, including but not limited to kiddie rides, train rides, car rides, bumper cars, moon walks, sky slides, water slides, race tracks, and so forth, must be completely enclosed in an appropriate building or an outdoor area enclosed by a fence or similar barrier or enclosure, and, in the Commercial Mixed Use district, unless the rides are located within a building, cannot have direct access onto or from a public sidewalk and must have an entrance/exit located within the private property.
(4)
Games of skill or chance will be permitted only in a completely enclosed building of a permanent nature except in a designated amusement park. Those locations that have prize redemption for games of skill or chance shall be considered an arcade for purposes of this chapter. Establishments that do not have prize redemption shall not be considered arcades.
(5)
Arcades must be housed in a suitable structure with access to the sidewalk with openings of no greater than seven feet by 10 feet on each street frontage. In no event may access doors, if more than one is permitted, be closer than 20 feet to one another. Doors must be folding, sliding, double or single. No overhead, garage-type doors are permitted. More than one public entrance may be allowed if the site of an arcade is on a corner lot.
(6)
No land, including any building thereon, may be used for the operation of a drive-in theater as a primary use. Pursuant to the provisions in this chapter, temporary drive-in theaters can be utilized at hotel/motel sites, as an accessory amenity, after receiving site plan approval from the Planning Board.
C.
Miniature golf courses.
(1)
A suitable fence or screen planting shall be provided around the entire playing area of the course.
(2)
Applicant must plant at least one tree for each proposed hole.
(3)
All devices included in the playing course shall not exceed a height greater than eight feet from the ground.
(4)
A suitable fence or screen planting six feet in height shall be provided where the course abuts any residential street or private dwelling.
D.
Entertainment centers and indoor amusement facilities.
(1)
Entertainment centers shall obtain site plan approval from the Planning Board in any zoning district they are allowed, and must follow any applicable provisions of this code that relate to the utilization of indoor space for amusements and/or entertainment.
§ 220-38 Outdoor bars. [1]
[Added 5-27-2009 by L.L. No. 4-2009]
No outdoor bars shall be constructed within 25 feet of the public right-of-way, and all outdoor bars shall be suitably screened from public view. All outdoor bars existing on the date of this amendment are grandfathered.
[1]
Editor's Note: Former § 220-38, Vending machines, was repealed 4-17-2006 by L.L. No. 6-2006. See now Ch. 209, Vending Machines.
§ 220-39 Outdoor area for dining or drinking.
[Added 5-27-2009 by L.L. No. 4-2009]
Any outdoor area utilized or intended to be utilized for the consumption of beverages or food shall have a setback according to the following: first floor, five feet from the public right-of-way; second or third floor, 10 feet from the public right-of-way. In no event may the outdoor area exceed 50% of the inside service area of the same establishment, excluding bathrooms.
§ 220-40 Change of service of products.
[Added 5-27-2009 by L.L. No. 4-2009]
Any new, additional or changed use that is materially different than what was originally approved at that location shall be subject to site plan review if the new business is deemed to be a tavern, bar or full-service restaurant. Locations changing from retail to food service, service of alcoholic beverages (on premises), amusement centers and drive-in facilities shall all be subject to site plan review. Buildings shall be grandfathered in regards to the above.
§ 220-41 Parking lot-commercial standards.
[Added 4-19-2010 by L.L. No. 6-2010]
All parking lots shall be constructed in such a manner as to minimize interference with vehicular traffic, pedestrians and adjoining properties.
A.
All parking lots:
(1)
Are subject to site plan review.
[Amended 7-18-2011 by L.L. No. 5-2011]
(2)
Shall manage stormwater on site using stormwater control measures designed to afford optimum protection of ground and surface waters.
(3)
Shall be set back at least 15 feet from the public right-of-way and include landscape barriers.
(4)
Shall be adequately illuminated and be under the supervision of an attendant during open hours.
(5)
Contain at least 20% of landscaped green space.
(6)
Advertise the use rates on an approved sign at the entranceway.
B.
Existing parking lots.
[Amended 7-18-2011 by L.L. No. 5-2011]
(1)
All parking lots that have been in continuous operation and have continuously had a business license for a minimum of three years preceding the adoption of this section shall be grandfathered.
(2)
All properties located within the Commercial Mixed Use and Commercial Resort Zones that have previously parked vehicles for public use on areas of their property are subject to all business license requirements so long as they comply with the following:
(a)
Advertise the use rates on a sign approved by the Zoning Officer.
(b)
Shall have entry and exit from the public right-of-way that allows for adequate passage of two vehicles and are free of obstructions.
(c)
Passage cannot be allowed over a curb.
(d)
Entry and exit must not disrupt the flow of traffic using the public right-of-way.
C.
This section shall take effect immediately upon the filing of this section with the Secretary of State of the State of New York.
§ 220-42 Architectural standards and guidelines.
[Added 7-22-2013 by L.L. No. 4-2013]
A.
Applicability; word usage.
(1)
The architectural guidelines are applicable to all new construction projects requiring site plan review in the CMU and CR Districts.
(2)
The guidelines and standards stated herein may be applied to renovation projects.
(3)
All statements containing the word "shall" are considered mandatory standards.
(4)
All statements containing the word "should" or "is encouraged" are considered guidelines.
(5)
The mandatory provisions of this section may be waived by the Planning Board through Site Plan Review, where it can be proven that there will not be an adverse impact on the 'architectural character' of the neighborhood. Criteria for assessing such waivers shall be the same criteria used for area variance reviews.
[Added 7-16-2018 by L.L. No. 8-2018]
B.
Purpose. The purpose of these guidelines is to:
(1)
Ensure that, as new buildings are proposed and existing buildings are renovated, the completed efforts result in a positive contribution to the overall downtown setting.
(2)
Establish architectural principles that respect the traditions of the past, avoiding a rigid style, and promote sensitive rehabilitation of older buildings.
(3)
Build an attractive downtown environment that reflects harmony and continuity in building design and the pedestrian environment.
(4)
Create a downtown that is pedestrian friendly, fosters civic pride, and promotes a sense of place.
(5)
Design structures that fit into the surrounding site context as well as the community setting.
(6)
Design new buildings with high-quality contextual design, executed with building materials that will stand the test of time.
(7)
Maintain design integrity and compatibility with surrounding structures.
(8)
Encourage sustainable building design features.
C.
Façade and existing building renovations.
(1)
Purpose. Building facades shall be (re)created that are compatible with the character of downtown and the original building architecture where feasible.
(2)
Facade renovations.
(a)
Consider the following in undertaking a façade renovation:
[1]
What appreciation does the community have for the architectural heritage of this particular building? Lake George is a small village where each building plays an important role in the downtown character. Some structures are more prominent, such as those located at road intersections or of particular historic significance to the Village.
[2]
What is the overall budget for this renovation? Will the renovation occur in one or multiple phases?
[3]
Can the original architectural style of the building be determined?
[4]
What is the condition of the building? Do original details still exist, perhaps covered by siding added at a later date?
[5]
For what goods and services was the storefront originally designed?
[6]
What is the current purpose of the storefront? What image does it need to convey?
(b)
Determine whether the effort should be expended to uncover and/or replicate historic details, or to design and construct a new facade that complements the design of the building.
D.
Building orientation, setbacks and relationship to the street level.
(1)
Buildings shall be located at the rear edge of the sidewalk along the street.
(2)
Parking spaces shall be located to the rear of the building.
(3)
Buildings can be perpendicular to the street to accommodate parking on the side.
(4)
If parking is located to the side, a landscape buffer and/or fence shall be required between the parking lot and sidewalk.
(5)
If a setback is desired, the maximum front yard setback shall be 10 feet. Where buildings are set back, the area between the building and the street shall only be used for landscaping and/or outdoor seating except as otherwise provided in Chapter 168 and §§ 220-38 and 220-39.
(6)
The ground level of any multi-story building shall be visually distinct from the upper stories by the use of ground floor architectural separation in order to enhance street activity and pedestrian-friendly design.
(a)
Design features that should be used include the use of an intermediate cornice line, sign band, or awning or a change in building materials or window shape.
E.
Building proportion, size and articulation.
(1)
Purpose. New buildings shall be visually interesting and promote a comfortable and pleasing relationship between people and buildings by varying the articulation of all building sides that are visible from a public right-of-way.
(2)
Size.
(a)
Building heights shall be in accordance with the Dimensional Table of this Code.[1]
[1]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
(b)
Stories shall not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor commercial function, which shall be a minimum of 12 feet.
(c)
Shared side walls are encouraged where appropriate.
(3)
Articulation.
(a)
All building components such as windows, doors, eaves, soffits and parapets shall be well proportioned so that they relate to the façade of the building.
(b)
All sides of a building that are open to public view shall receive equal architectural design consideration (i.e., windows, doors, architectural treatments, etc.). No building shall have blank, flat walls.
(c)
Doors shall be recessed if the proposed new building is located at the back edge of the public sidewalk.
(d)
The apparent mass of buildings shall be reduced and a varied street appearance created by manipulating the building form using:
[1]
Offsets.
[2]
Recesses.
[3]
Changes in plane. For buildings over three stories in height, the fourth and upper stories should be stepped back a minimum of 10 feet.
[4]
Changes in height.
[5]
Horizontal and vertical divisions by use of textures and materials.
[6]
Interesting window patterns.
[7]
Providing projections such as balconies, cornices, covered entrances, porte-cocheres, trellises or pergolas.
(e)
Long and monotonous wall and roof planes shall be avoided. Large uninterrupted expanses of a single material are prohibited.
(f)
Facades shall be divided into storefronts with visually separate display windows.
(g)
Rooflines shall be varied by using dormer windows, overhangs, arches, stepped roofs, gables, or other similar devices.
(h)
The heights of cornices, porches and balconies shall match neighboring buildings, especially for structures with shared side walls.
(i)
Windows shall have a repetitive rhythm which relates to the overall exterior masonry wall.
(j)
Windows shall have a series of reveals to add visual depth.
(k)
Windows should incorporate multiple divisions in the glass such as mullions.
F.
Building materials and colors.
(1)
Purpose. New buildings shall use building materials, color, and textures to create a harmonious design for each site that is compatible with the intent of these guidelines and standards.
(2)
Materials.
(a)
Primary building materials shall be limited to no more than four types of materials per building.
(b)
The use of natural material, or an acceptable engineered substitute, shall be incorporated into the building façade(s). These materials include:
[1]
Wood clapboard siding.
[2]
Wood shakes or shingles.
[3]
Native stone.
[4]
Engineered stone.
[5]
Fiber cement siding.
[6]
Decorative precast concrete.
[7]
Common red brick with uniform color.
(c)
The following materials, as appropriate, may be used on a limited basis above the first floor:
[1]
Architectural concrete masonry units with a finished surface such as color, split face or slump block.
[2]
Synthetic stucco or exterior insulation and finish systems (EIFS), such as Dryvit.
[3]
Commercial-grade vinyl in the form of shakes or barn-type siding (no clapboard).
(d)
The following materials shall not be used on any portion of the building:
[1]
Unfinished (plain) concrete masonry units.
[2]
Metal siding.
(3)
Color.
(a)
Color shall be used to promote an overall harmonious composition such that color is not used to shock the senses or scream for attention.
(b)
Color of exterior building materials (excluding accent colors) shall be limited to no more than four major colors per development or renovation and shall be composed predominantly of earth tones or muted colors to encourage buildings to blend into the environment.
(c)
Color tones may vary if found to be compatible with these standards and guidelines.
(d)
For color selection options, consult one of the historic color palettes that have been developed by several paint manufacturers.
G.
Roof design.
(1)
Sloped roofs:
(a)
Shall provide articulation and variations in order to break up the roofline.
(b)
Shall include eaves which are at least 18 inches in width.
(c)
Pitched roofs shall complement the overall style of the building.
(d)
For gable roofs, the pitch shall be between 6:12 and 14:12.
(2)
Flat roofs:
(a)
Shall be screened with parapets on all sides of the building except with a shared wall. If no rooftop equipment exists or is proposed, the parapet shall be a minimum of 18 inches in height.
(b)
All parapets should feature cornice treatments.
(c)
Parapets shall provide a cap, or similar element, to demonstrate that the upper edge is the top of the building.
(d)
When used, parapets shall be incorporated on each side of the building.
(3)
Hipped, mansard, and chamfered roof styles should be used only when consistent with the intended architecture of the building.
(4)
Roof materials shall not be reflective.
(5)
The color and material of the roof shall complement the overall character of the building.
H.
Utilities, mechanical equipment, and trash receptacles.
(1)
No utilities, dumpsters, or ground-mounted dish antennas shall be visible from any public right-of-way.
(2)
Roof-mounted utilities shall be screened by parapets or architectural elements.
(3)
Ground-mounted utilities, dish antennas and dumpsters shall be screened with solid fencing and/or landscaping.
(4)
Dumpsters shall not be located within 20 feet of any property lines shared with single and two-family uses.
§ 220-43 Solar energy systems.
[Added 7-19-2021 by L.L. No. 5-2021]
A.
Applicability.
(1)
The requirements of this section shall apply to all solar energy system installations modified or installed after the effective date of this section.
(2)
Solar energy system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, provided that any replacement of such system on or after the effective date of this section will require compliance with this section.
(3)
All applications for the installation of solar energy systems shall be designed by a licensed engineer and contain site specific building plans which bear the seal and signature of a licensed engineer and satisfy the permitting requirements contained in this section.
(4)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Fire Code, Building Code and other applicable standards, as well as all other provisions of the Village Code.
B.
Permitting.
(1)
To the extent practicable, and in accordance with the Code of the Village of Lake George, the accommodation of solar access to sunlight for such equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Code of the Village of Lake George.
(2)
Rooftop solar system. Rooftop solar systems are permitted accessory uses in all zoning districts subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop solar systems.
(b)
Height limitations contained in this chapter shall apply.
(c)
Rooftop solar systems must have a one-foot setback on all four sides of the roof.
(d)
Rooftop solar systems must be properly engineered to support solar collectors.
(e)
Any rooftop solar system that is mounted other than at the same pitch as the roof to which it is to be attached shall require site plan approval under this chapter.
(f)
The rooftop solar system shall be located on a principal building or accessory structure on the same lot as the electrical output will service.
(g)
Such rooftop solar system shall be located or constructed such that the concentration of solar radiation or glare shall not be directed to adjoining or neighboring properties.
(h)
Any proposed rooftop solar system to be located on any lot that is adjacent to or within 100 feet of Lake George shall require site plan approval from the Village of Lake George Planning Board.
(i)
When such rooftop solar system has met or exceeded its useful life, the owner of the property shall decommission and remove or cause to be removed such rooftop solar system in accordance with all applicable laws, rules and regulations, and otherwise in a safe manner.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems are not permitted in any zoning districts.
(4)
Freestanding or ground-mounted solar energy systems. Freestanding or ground-mounted solar energy systems are not permitted in any zoning districts.
(5)
Electric vehicle charging stations shall be permitted accessory uses in all zoning districts.
C.
Safety.
(1)
Prior to operation, electrical connections must be inspected by the Code Enforcement Officer/Building Inspector and by an electrical inspection person or agency in conformance with New York State Building Code.
(2)
Any connection to the public utility grid must be inspected by the appropriate public utility.
(3)
Solar energy systems shall be maintained in good working order and shall be removed if not in use for more than 12 months by removal of such system and mounting hardware within 90 days after the 12th month.
(4)
If any type of storage batteries are included as part of the solar energy system, they must be placed inside of a principal building or accessory structure meeting the requirements of the New York State Building Code when in use. When they are no longer in use, they shall be disposed of in accordance with the laws of New York Code and Code of the Village of Lake George and any other applicable laws or regulations.
§ 220-44 Stream protection.
[Added 8-15-2022 by L.L. No. 4-2022]
A.
The purpose of this section is to establish permit requirements and standards for the protection of stream corridors within the Village of Lake George; to help preserve the water quality of Lake George and its tributaries; to protect the riparian and aquatic ecosystems of streams within the Village of Lake George; and to provide for the environmentally sound use of the Village of Lake George land resources.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
DESIGNATED STREAM CORRIDOR
The streambed and the area extending 35 feet from the high-water mark on each side of a stream.
EXISTING DEVELOPMENT
Buildings, structures, impervious areas, landscaped areas, utilities, and accessory structures present on the effective date of this section.
HIGH-WATER MARK (HWM) OF A STREAM
A line along the banks of a stream that is the approximate seasonal peak water level as indicated by the cut of the bank and the demarcation between terrestrial and aquatic vegetation. For the purpose of determining the high-water mark, ponds of one acre or less within the stream shall be included.
LANDSCAPED AREA
An area of vegetation which has been actively maintained as a lawn, garden, hedge, or planting bed.
STREAM
An AA-Special perennial stream designated or mapped by the NYS Department of Environmental Conservation.
STREAMBED
The flow area of a stream at and below the high-water mark of a stream.
C.
Prohibitions.
(1)
No person shall undertake development, land disturbance, or land clearing in a designated stream corridor without first receiving a permit pursuant to this section.
(2)
No person shall disturb the streambed of any stream without first receiving a permit pursuant to this section.
(3)
No person shall discharge, throw, or abandon any foul, noxious or deleterious substance into a stream or designated stream corridor.
(4)
No person shall fail to conform to any permit issued pursuant to this section.
(5)
No person or owner of real property located within the Village of Lake George shall create or maintain a condition on such property which, due to a human disturbance of land or vegetative cover, or soil, results in the erosion of soil into any water body or designated stream corridor. Such condition shall be a violation of this section with an additional violation for each day the condition continues.
D.
Exemptions. The permit requirements in Chapter 220 shall not apply to any of the following:
(1)
Emergency actions necessary to protect the public health, safety or welfare or to prevent damage to private property for which notice is provided to the municipality within 72 hours after the emergency action.
(2)
Any project that received required approvals prior to the effective date of this section.
(3)
Maintenance of structures, utility rights-of-way, impervious areas and landscaped areas existing on the effective date of this section which do not increase the footprint of existing development, do not involve stream crossings, and do not require disturbance to the streambed.
(4)
Removal of storm-damaged trees that are a hazard to people or buildings.
(5)
Agricultural and silviculture activities exempted by Chapter 220. Note: Though permit requirements are waived, any activity in a stream corridor must comply with all requirements of Subsections G and H below, as well as any requirements stipulated by the Planning Board or Planning and Zoning Office regarding harvesting buffers adjacent to streams.
(6)
Any activities that conform with the standards of Subsection H below to the maximum extent practicable, and for which a permit or authorization has been issued by the NYS Department of Environmental Conservation pursuant to the processes, procedures, and standards set forth in 6 NYCRR Part 608 shall be exempt from § 220-44C(2) above.
E.
Class AA-Special streams. All streams and rivers classified as Class AA-Special (AA-S) pursuant to 6 NYCRR 701.3 shall be subject to the following regulations:
(1)
Setback. All buildings, structures, and accessory structures shall be set back at least 30 feet from the mean high-water mark, except that if the building setback restriction for the zoning district is greater, such greater setback will be observed.
(2)
Site plan review. All land use and development within 100 feet of a classified stream mean high-water mark shall be subject to site plan review. The only exceptions to this rule would be structures less than 100 square feet in size, or fencing past 30 feet from the streambed, which would only require a land use and development permit. As part of this review, the Planning Board may require that an undisturbed natural stream buffer be preserved or installed.
F.
Navigable streams. All development of any lot containing or having frontage on a navigable stream and/or river shall be subject to the regulations contained in Chapter 220. When a stream is classified as both AA-Special and navigable, the provisions of this regulation, § 220-44, shall take precedence.
G.
Additional standards for the protection of designated stream corridors.
(1)
The following standards shall apply to all development, land disturbance, and land clearing within a designated stream corridor:
(a)
Within six feet of the high-water mark of a stream no vegetation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.
(b)
Between six feet and 35 feet from the high-water mark of a stream, no woody vegetation greater than one inch in diameter at 4.5 feet above ground elevation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.
(c)
A maximum of 100 square feet of new impervious area, or 400 square feet of porous pavement (i.e., porous pavers), may be created on a site.
(d)
Where development exists within a designated stream corridor prior to the effective date of this section, these areas are to be considered in aggregate with any proposed development, land disturbance, and land clearing such that the total development within a designated stream corridor complies with the standards above. If development within a designated stream corridor exists prior to the effective date of this section and exceeds the standards above, it may be maintained in perpetuity.
(2)
Prior to the issuance of a permit pursuant to this section, the Village shall ascertain the probable effect of the project on the water quality of the stream and the lake and on the natural resources of the Village, including the flora and fauna. When it is determined that the proposed activity will endanger the health, safety or welfare of the public or lead to unnecessary, uncontrolled or undue impacts to water quality, to the natural resources of the Village of Lake George or to the physical or ecological integrity of a designated stream corridor, the permit shall be denied.
H.
Standards for stream crossings and streambed disturbances. The following criteria shall apply to all stream crossings and streambed disturbances.
(1)
Stream crossing, channelization, or piping is allowed only for utility crossings, logging roads, public roads (including subdivision roads to be accepted), approved private roads, and driveways to access private real property.
(2)
Separate road and utility crossings shall not be approved when the consolidation of the proposed crossings is feasible.
(3)
When separate road and utility crossings are necessary, the preferred methodology for utility establishment shall be by directional boring under the streambed.
(4)
The number of crossings shall be limited to one per site per stream, except for silviculture activities.
(5)
When culverts or arches are used, they shall be used so as to maintain the natural course and bed of the stream.
(6)
Culverts and arches must be sized and designed in accordance with standard design practices, including allowing for safe passage for wildlife and floodplain flows.
(7)
All stream crossings shall be designed to safely pass the fifty-year peak storm event. The municipality may require additional design features it determines necessary to prevent a hazard to downstream property and natural resources.
(8)
Stream crossings shall not impound water during the ten-year storm event.
(9)
Stream crossing structures shall be designed to span 1.25 times the streambed width.
(10)
Stream setbacks identified in § 220-44E apply to all AA-S and navigable streams in the Village for any permanent structure over 100 square feet in size. Temporary stream crossings, such as for silviculture activity, do not require area variance relief from the stream setbacks but require a stream crossing permit from the NYS Department of Environmental Conservation.
(11)
Culverts shall be embedded 20% along their entire linear length.
(12)
Any streambed disturbance shall promote the natural shape, slope, and substrate of a stream.
(13)
Any streambed disturbance shall be limited to the minimum disturbance necessary.
(14)
Creation of land disturbance and impervious areas for driveways and roads shall be limited to a maximum width of 20 feet and 30 feet, respectively.
(15)
Crossings that convey wastewater shall be depicted on a survey map prepared and stamped by a professional surveyor licensed to operate in New York State. The survey map shall be filed with the office of the County Clerk in the county where the property is located. No permit shall be issued pursuant to this section unless the municipality first determines that the activity is reasonable and necessary, will not endanger the health, safety or welfare of the public, and will not cause damage to downstream properties or the natural resources of the Lake George Park.
I.
Plan requirements. Project plans shall be required to include information the Village determines is reasonably necessary to complete its review and generally shall include: plan views of proposed and existing buildings and impervious areas, grading plans, temporary erosion and sedimentation controls, limits of clearing, areas of selective cutting, location of trees to be removed, soil tests, slopes, landscape and plantings and buffer areas to be protected. Designated stream corridors shall be depicted on subdivision plats submitted for approval. Plans may include proposed restoration, plantings, and conservation areas to demonstrate compliance with the standards herein.
J.
Additional provisions relating to silviculture activity.
(1)
In addition to commercial timber harvest requirements found in this chapter, the following additional provisions shall apply:
(a)
Requirement for any stream crossings to be authorized by the Department of Environmental Conservation's General Permit for Temporary Bridges/Culverts for Logging Activities. The conditions of the Department's General Permit for Temporary Bridges/Culverts for Logging Activities shall control over standards for Stream Crossings and Streambed Disturbances at 6 NYCRR 646-5.5.
(b)
Except as necessary for stream crossings, there shall be no wood roads, skid trails, or log landings within designated stream corridors.
(c)
The project is in accordance with the New York State Forestry Voluntary Best Management Practices for Water Quality: BMP Field Guide 2018 Edition (nysbmpguidelines.com).
(2)
The LGPC notice of intent to harvest timber checklist shall be submitted on forms made available by the municipality. A notice of intent to harvest timber checklist may cover a period of up to three years.
(3)
If the municipality determines that the scope of vegetation removal, road construction, excavation, land clearing or land disturbance proposed or undertaken under a permit exemption for silvicultural activity constitutes development or otherwise poses a threat to the natural resources of the Village of Lake George, it shall give written notice to the property owner that a permit is required pursuant to this section. After such notice, failure by any person to obtain a permit or conform to the permit requirements shall constitute a violation of this section.
(4)
No person shall undertake silviculture activity or vegetative removal in a designated stream corridor except in accordance with New York State Forestry Best Management Practices for Water Quality. Whenever the municipality determines that timber harvesting or vegetative removal is occurring or has occurred in a manner not in accordance with the New York State Forestry Best Management Practices for Water Quality, it shall give notice to the property owner setting forth a reasonable period of time to undertake specific corrective action. Failure to undertake the specific corrective action prescribed in the notice within the period of time shall constitute a violation of this section. Each day the property owner fails to undertake the specific corrective action after the period of time shall be a separate violation.
K.
Administration.
(1)
A variance to any standard in this section shall be processed in accordance with the requirements of Chapter 220 as an area variance.
(2)
Whenever the permit requirements of this section apply in conjunction with the requirements of the stormwater management regulations in Chapter 220, a single application form, fee, and permit processing shall be required.
(3)
Minor and major project classifications established in Chapter 220 shall apply to any project that requires a permit pursuant to this section.
(4)
The fee for permits required pursuant to this section shall be those established for major and minor stormwater projects pursuant to Chapter 220.
(5)
In addition to or as an alternative to any penalty provided herein or by law, any person that violates this regulation may be required to restore land to its undisturbed condition.
(6)
The Lake George Park Commission shall not be limited from taking enforcement action if it determines that a violation of this section, or of any permit issued pursuant to this section, endangers the health, safety and welfare of the public or results in damage to the natural resources of the Lake George Park.