Manorhaven City Zoning Code
ARTICLE VIII
Accessory Uses
§ 155-41 Fences, gates and walls. [1]
In all districts, fences and walls over four feet may be erected, subject to a special use permit from the Board of Zoning and Appeals, subject to the following restrictions:
A.
On residential property abutting or across from land used for nonresidential purposes, the fence shall be of stockade or other solid construction and may be no more than six feet high. The finished side of the fence shall face outside.
B.
On commercial or industrial property where a fence, gate or wall is set back at least 25 feet from the nearest property line, the height may be no more than eight feet.
C.
On commercial or industrial property abutting or across from land used for residential purposes, the fence shall be of stockade or other solid construction and may be no more than six feet high. The finished side of the fence shall face out.
D.
On residential or other property in conjunction with a tennis court or pool, where a special use permit has been granted.
§ 155-42 Aboveground/in-ground swimming pools or spas. [1]
A swimming pool or spa accessory to a one-or-more-family dwelling unit shall conform to the following regulations and shall be subject to a special use permit from the Board of Zoning and Appeals:
A.
A pool (above or below ground) and related nonslip decks, small-mesh fences and secured machinery shall be entirely within the rear yard. No portion thereof shall be closer to the street line than the rear wall the main building.
B.
A pool and related nonslip decks, fences and machinery shall be located not less than 10 feet from side and rear property lines.
C.
A pool and related nonslip decks, fences and machinery shall be completely enclosed by a substantial fence not less than six feet high, with a self-locking, child tamperproof gate.
D.
Machinery used in connection with a pool shall be enclosed in a soundproof structure.
E.
Glare from pool lights shall be shielded from adjacent properties.
F.
Pool size and depth shall conform to National Spa and Pool Institute (NSPI) safety standards for residential pool in effect on the effective date of this chapter.
G.
Pools, spas, etc., shall have required depth markings, lifesaving equipment and user warning signs available, according to NSPI safety standards in effect on the effective date of this chapter.
H.
Pools shall have diving fixtures or places located according to NSPI standards in effect on the effective date of this chapter to avoid hazardous and dangerous conditions.
I.
Pools shall have no adjacent structure potentially accessible for improper diving or other unsafe play.
J.
No public use shall be made of the pool or spa.
K.
Pool installation shall have provision made on the premises for drainage of water from the pool tank.
§ 155-43 Storage and parking of certain vehicles. [1]
A.
No recreational boat, bus, truck, trailer, van, camper, sleeping bus or other vehicle designed or used for living or sleeping shall be parked or stored on or in any front or side yard of any lot located in a residential district of the Village. Such vehicle or boat shall be parked or stored on or in any part of a rear yard of any lot located in a residential district of the Village only with a special use permit from the Board of Zoning and Appeals. Such permit may not be issued unless such parking or storage is not within 10 feet of the rear or side lot lines nor on any portion of a lot where such boat or vehicle is visible from any street abutting the lot on which such boat or vehicle is parked or stored.
B.
No commercial vehicle shall be parked or stored on property located in a residential district in the Village unless enclosed in a private garage, except that such vehicle may be parked for such periods of time as required for the continued performance of any service on or deliveries to said premises.
§ 155-44 Outdoor tennis and other courts.
Outdoor tennis or other courts accessory to a one-or-more-family dwelling unit and commercial and industrial use shall conform to the following restrictions with a special use permit from the Board of Zoning and Appeals:
A.
Outdoor tennis or other courts shall be permitted only on plots of adequate size to conform to the following requirements.
B.
The minimum setback from a street line to an outdoor tennis court shall be 50 feet.
C.
The minimum setback from a property line to an outdoor tennis court shall be 25 feet.
D.
The maximum height of a fence around tennis courts shall be 10 feet.
E.
No more than two courts may be grouped together.
F.
No outdoor tennis courts shall be located within 50 feet of any interior road or in any front yard.
G.
All outdoor tennis courts shall be visually screened from the roads and streets by plant materials.
H.
All lighting of outdoor tennis courts shall be directed away from residential units and roads. No lights shall be permitted to be used between the hours of 10:00 p.m. and 7:00 a.m.
§ 155-45 Parking and loading space.
A.
For every building erected or altered or use established after the effective date of this chapter, there shall be provided on the same premises suitably graded and paved off-street parking and off-street loading areas. Such off-street parking area shall be sufficient to accommodate the number of vehicles customarily used for conveying occupants and visitors to such structure and requiring to be parked during the hours of average maximum use. It is not intended hereby to require provision for abnormal peak loads but for normal average maximum hour requirements. Such off-street parking and off-street loading areas shall conform to the requirements of this chapter.
B.
Such off-street parking and off-street loading space, together with the necessary entrances, exits, passageways, turning areas and landscaped borders shall be deemed to be required open space on the lot on which it is situated and shall not thereafter be encroached upon or reduced in any manner.
C.
In all R-1 or R-2 Residential Districts, there shall be at least two off-street parking spaces for a single-family dwelling and at least three off-street parking spaces for a two-family dwelling.
D.
In all R-3 Residential Districts, there shall be at least two off-street parking spaces per dwelling unit and off-street common parking spaces, which all shall be one per five dwelling units if there is no clubhouse and two per five dwelling units if there is a clubhouse.
E.
In all commercial districts and industrial districts, off-street parking spaces shall be provided in accordance with § 155-46.
F.
All areas available for off-street parking and access driveways shall be surfaced in accordance with the following specifications: not less than two inches of broken stone after compaction and one inch of premixed bituminous material after compaction; or concrete not less than four inches thick; or, in a residential district, Belgian block or brick not less than four inches thick.
[Amended 3-23-1988 by L.L. No. 2-1988]
G.
No part of the parking area shall be used for the storage or abandonment of any article or material.
H.
Parking areas shall be marked with arrows showing flow of traffic, and individual parking spaces.
I.
In a commercial or industrial district, the entire parking space area, except entrances and exits, shall be screened from outside view by landscaping property borders.
J.
In commercial or industrial districts, each off-street parking area shall have an area of not less than 10 feet by 20 feet, with access drives or aisles, in usable shape and condition, not less than 20 feet.
K.
Curb cuts in residential districts.
[Amended 3-23-1988 by L.L. No. 2-1988; 4-24-1997 by L.L. No. 4-1997; 2-25-2021 by L.L. No. 1-2021]
(1)
In residential districts, each parking space shall not be less than 10 feet by 20 feet. There shall be adequate ingress and egress to all parking spaces. There shall be provided an access drive not less than 10 feet in width. Curb cuts shall not be more than two and shall not exceed an aggregate amount of 16 feet in width. No single curb cut shall be less than eight feet in width.
(2)
Notwithstanding the provisions of Subsection K(1) above, for any construction on an interior lot of a new one-family or two-family dwelling, including the conversion of an existing one-family dwelling to a two-family dwelling, only one curb cut shall be permitted. Such curb cut shall be limited to 16 feet in width. The curb cut shall be situated in such a manner as to maximize the amount of available on-street parking, taking into account all circumstances affecting on-street parking in the vicinity, including, but not limited to, any curb cuts on the adjoining properties, any fire hydrants on the subject property or adjoining properties, and parking regulations on the subject street. Where no on-street parking is permitted on the street frontage of the subject property, the restriction contained within Subsection K(2) shall not apply.
(3)
Notwithstanding the provisions of Subsection K(1) above, for any construction on a corner lot of a new two-family dwelling or the conversion of an existing one-family dwelling to a two-family dwelling, one curb cut shall be permitted on each street frontage, and if two curb cuts are proposed, each shall be limited to eight feet in width. The curb cuts shall be situated in such a manner as to maximize the amount of available on-street parking, taking into account all circumstances affecting on-street parking in the vicinity, including, but not limited to, any curb cuts on the adjoining properties, any fire hydrants on the subject property or adjoining properties, and parking regulations on the subject street. Where no on-street parking is permitted on the street frontage of the subject property, the restriction contained within Subsection K(3) shall not apply.
L.
Off-site facilities shall be located in the same district as the use to which they are accessory, with the exception of the uses set forth in § 155-23F, G, I, J, K, L, M and N, only with a special use permit from the Board of Zoning and Appeals, and within a distance of 400 feet thereof. Such off-site facilities must also be in the same ownership as the use to which they are accessory and shall not be sold off or leased for any other use.
[Amended 2-2-2004 by L.L. No. 1-2004]
M.
Off-street parking and loading facilities may be provided jointly for separate use, with a special use permit from the Board of Zoning and Appeals, if landscaped open space is substituted and if on-street parking is not generated.
§ 155-46 Off-street parking requirements.
[Amended 3-23-1988 by L.L. No. 2-1988; 2-2-2004 by L.L. No. 1-2004]
Off-street parking requirements shall be as follows:
Uses | Minimum Required Off-Street Parking |
|---|---|
Retail stores and shops | 1 space for each 300 square feet of gross floor area in excess of 1,000 square feet |
Restaurants and other eating places | 1 space for each 5 seats of seating capacity, plus 1 space for each employee |
Offices, financial institutions, laboratories and computer centers | 1 space for each 200 square feet of gross floor area in excess of 1,000 square feet |
Educational or religious places | 1 space for each 5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater |
Public assembly places | 1 space for each 5 persons that can be legally accommodated |
Marinas | 1 space for each .7 designated slip and mooring or anchorage of a noncommercial vessel under the jurisdiction of the authorized marina. The owner/operator of a charter service, commercial excursion, open party, ferry/shuttle or water taxi service, permitted by the Village under § 155-18B(3), shall be required to apply to the Village for a permit in connection with such service. Where a vessel has a capacity of more than 15 passengers, the owner/operator shall file with the Village its written agreement with the owner of its docking facility providing parking equivalent to one space for every five-passenger capacity increment above said 15. Such parking shall not be used for vehicle or pedestrian circulation space, loading space, present-season boat storage, other storage or parking space, or auxiliary or secondary uses or marina parking, including snack bar parking. |
Clubs | 1 space for each 3 members, computed on the basis of 40% of membership as provided in an affidavit by the president and secretary of the corporation. |
Warehouses | 1 space for each 600 square feet of gross floor area |
All other industrial uses | 1 space for each 300 square feet of gross floor area |
Other uses not listed | 1 space for each 300 square feet of gross floor area |
§ 155-47 (Reserved) [1]
[1]
Editor's Note: Former § 155-47, Marine accessory uses, was repealed 4-25-2001 by L.L. No. 6-2001.
§ 155-48 Satellite antennas.
[Amended 6-21-1995 by L.L. No. 5-1995]
A.
A private-use satellite antenna, disc or similar device for the reception of television signals from satellites shall be permitted on the roof or in the yard of any residence, provided that its diameter does not exceed 36 inches at any point.
B.
No television antenna of a commercial use, or private-use satellite antenna, disc or other device for the reception of television signals from satellites, measuring more than 36 inches in diameter at any point, shall be permitted in any yard or at any other location of any residence without a special use permit from the Board of Zoning and Appeals. An applicant for such special use permit shall specify the size, location, make and other specifications of said device and shall establish that it will not adversely affect any neighbor by reason of its proposed location.
§ 155-49 Radio antennas.
No radio antenna of any type of a commercial use or private use, antenna tower or other device will be permitted without a special use permit from the Board of Zoning and Appeals, with all details specified and proof as not to adversely affect any neighbor.
§ 155-50 Cabanas.
No cabana of a commercial or private use will be permitted without a special use permit from the Board of Zoning and Appeals, with all construction details being submitted, developed and approved and proof as not to adversely affect any neighbor.
§ 155-51 Tree playhouses.
No tree playhouse of a private use will be permitted without a special use permit from the Board of Zoning and Appeals, with all construction details being submitted, reviewed and approved and proof as not to adversely affect any neighbor.
§ 155-52 Hazardous uses. [1]
A.
No land or building shall be used or occupied in any manner so as to create dangerous, injurious, noxious, hazardous, fire, explosive, radioactive or other unsafe or unhealthy conditions; noise or vibration, smoke, dust, odor or other form of air pollution; electrical or other disturbances, glare or heat; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects or other dangerous elements in an amount or manner as to adversely affect the surrounding area. All uses of land shall conform to the limitations set forth below and to all applicable laws and regulations of the State of New York and the County of Nassau relating to air pollution, smoke, dust and fumes. The Code Official shall review and approve the certification required by this section.
B.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line; nor shall any vibration produced exceed 1.002g peak, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment. Any use that, in the opinion of the Code Official, has the potential of creating a vibration shall require certifications and data by a professional engineer as to its negative impact before a zoning permit is issued.
C.
Noise. All noise shall be muffled as to intermittence, beat, frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility at nighttime exceed, at the lot line, the values given in Table 1 (set out hereafter) in any octave band of frequency. However, where the lot line adjoins or lies within 25 feet of the boundary of a residential district the sound-pressure levels of noise radiated at nighttime shall not exceed, at the lot line, the values given in Table II (set out hereafter) in any octave band of frequency. The sound-pressure level shall be measured with a sound-level meter and an octave-band analyzer that conforms to specifications published by the American Standards Association.
(1)
Table I.
(a)
Maximum permissible sound-pressure levels at the lot line for noise radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m.:
Frequency Band (cycles per second) | Sound-Pressure Level (decibels re 0.0002 dyne/cm2) | |
|---|---|---|
20 to 75 | 69 | |
75 to 150 | 60 | |
150 to 300 | 56 | |
300 to 600 | 51 | |
600 to 1,200 | 42 | |
1,200 to 2,400 | 40 | |
2,400 to 4,800 | 38 | |
4,800 to 10,000 | 35 |
(b)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table III shall be added to or subtracted from each of the decibel levels given above in Table I.
(2)
Table II:
(a)
Maximum permissible sound-pressure levels at a lot line for noise radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. where the lot line adjoins or lies within 25 feet of the boundary of a residential district:
Frequency Band (cycles per second) | Sound-Pressure Level (decibels re 0.0002 dyne/cm2) | |
|---|---|---|
20 to 75 | 65 | |
75 to 150 | 50 | |
150 to 300 | 43 | |
300 to 600 | 38 | |
600 to 1,200 | 33 | |
1,200 to 2,400 | 30 | |
2,400 to 4,800 | 28 | |
4,800 to 10,000 | 26 |
(b)
If the noise is not smooth and continuous and is not radiated between the hours 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table III which follows shall be added to or subtracted from each of the decibel levels given above in Table II.
(3)
Table III:
Type of Operation in Character of Noise | Correction in Decibels | |
|---|---|---|
Daytime operation only | Plus 5 | |
Noise source operates less than 20% of any one-hour period | Plus 5 | |
Noise source operates less than 5% of any one-hour period | Plus 5* | |
Noise source operates less than 1% of any one-hour period | Plus 15* | |
Noise of implosive character (hammering, etc.) | Minus 5 | |
Noise of periodic character (hum, screech, etc.) | Minus 5 | |
*NOTE: Apply one of these corrections only. | ||
(4)
Any use that, in the opinion of the Code Official, has the potential of creating any noise shall require certification and data by a professional engineer as to its negative impact before a zoning permit may be issued.
D.
Odors.
(1)
There shall not be discharged or permitted to escape into the atmosphere odors which shall endanger public comfort, repose, health or safety.
(2)
The intensity of dangerous odors shall be determined at the property line adjacent to the source in the manner described in Air Pollution Abatement Manual, Chapter 5, Table III; Manufacturing Chemists Association: Washington, D.C., 1951. Any use that, in the opinion of the Code Official, has the potential of creating any odor shall require certification and data by an accredited testing laboratory.
(3)
Any use that, in the opinion of the Code Official, has the potential of creating any odor shall require certification and data by a professional engineer as to its negative impact before a zoning permit may be issued.
E.
Electromagnetic radiation.
(1)
It shall be unlawful to operate any equipment which, as a source of electromagnetic radiation, does not comply with the pertinent current rules and regulations of the Federal Communications Commission or any pertinent laws or regulations of the State of New York or the County of Nassau.
(2)
If, in the opinion of the Code Official, any equipment is believed to be a potential hazard or nuisance due to electromagnetic radiation, then such equipment shall not be operated without certification by a testing laboratory.
(3)
All certifications regarding radiation shall indicate the measurements and the interpretation of the field strengths. Certification shall be made by a professional engineer.
(4)
Any use that, in the opinion of the Code Official, has the potential of creating radiation shall require certification and data by a professional engineer as to its negative impact before a zoning permit may be issued.
F.
Fire and explosion. All activities and all storage of flammable and explosive materials at any place shall be provided with adequate safety and fire-fighting devices required by the Fire Prevention Code of the Village[2] and/or the Nassau County Fire Marshal's office. Any use that, in the opinion of the Code Official, has the potential of creating any fire or explosion shall require data and certification by a professional engineer as to its negative impact before any zoning permit may be issued.
[2]
Editor's Note: See Ch. 69, Fire Prevention.
G.
Radioactive materials. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the applicable regulations of the Nuclear Regulatory Commission, as from time to time amended, and all applicable laws and regulations of the Village of Manorhaven. Any use that, in the opinion of the Code Official, has the potential of creating radiation shall require data and certification by a professional engineer as to its negative impact before any zoning permit may be issued.
H.
Heat. For the purpose of this chapter, "heat" is defined as thermal energy of a radioactive, conductive or convective nature from high temperature processes, such as combustion or welding or otherwise, so as to be in excess of 100º F. at the lot line. There shall be no emission or transmission of heat or heated air discernible at the lot line. Any use that, in the opinion of the Code Official, has the potential of creating any heat shall require data and certification by a professional engineer as to its negative impact before a zone permit is issued.
I.
Glare.
(1)
Direct glare. "Direct glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high-temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted, with the exceptions that parking areas and walkways may be illuminated by luminaires so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60º, drawn perpendicular to the ground, with the exception that such angle may be increased to 90º if the luminair is less than four feet above the ground. The luminaires shall not be less than 16 feet above ground level, and the maximum illumination at ground level shall not be in excess of three footcandles. All lighting shall require Planning Board approval.
(2)
Indirect glare. "Indirect glare" is defined, for the purpose of this Code, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed 0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. All lighting shall require Planning Board approval.
J.
Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream or into the ground of any liquid or solid materials, except in accordance with applicable regulations of Nassau County. All uses having any such discharge must furnish certification by the County Health Department as to their composition and condition.
K.
Trash, garbage and debris. All trash, garbage and debris areas shall be suitably screened as not to be objectionable to neighboring uses. All trash, garbage and debris shall be periodically removed to avoid accumulation. All commercial and industrial uses shall require certification by a suitable collector that a periodic pickup will be implemented. All collection bins shall be identified conspicuously with the name and telephone number of the owner and carter.
§ 155-53 Signs.
[Amended 3-23-1988 by L.L. No. 2-1988; 6-27-2007 by L.L. No. 4-2007]
A.
Purpose. The Board of Trustees recognizes the highly significant role signage plays in the image the Village presents to residents and visitors alike. The purpose of this section is to improve and perpetuate the attractive nautical appearance and tranquil image of the Village of Manorhaven and to promote and protect public health, welfare and safety by regulating signs of all types. It is intended to create attractive signage to protect property values, to enhance the aesthetic character of buildings and sites, to preserve scenic and natural beauty, to prevent distractions and obstructions that may contribute to traffic accidents, and to limit the use of energy in sign design, construction and operation.
B. SIGN SIGN AREA SIGN HEIGHT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any material, structure or device, or part thereof, which shall display or include any letter, word, model, banner, pennant, insignia, device, flag, string of lights, artificial lighting or graphic representation. The flags or insignia of any nation or group of nations or of any governmental agency are expressly excluded from this definition.
The area of a sign shall be the area of a rectangle, the sides of which enclose the letters/symbols and shall include the entire sign box, signboard or any background of a different color than the color of the building. Artwork which depicts images that are not architectural features of the building or structure shall be included in the sign area.
The height of any sign shall be measured vertically from the average finished grade at the base of the sign. Planters shall not be used to circumvent the intent of this section.
C.
Permitted sign defined and regulated.
(1)
General.
(a)
Each business establishment shall be permitted a maximum of two signs. Permitted signs may be wall, ground, window or awning. Only one of these permitted signs may be a ground sign. The combined total area of all signs shall not exceed an area of one foot times the width of the storefront of the building and shall not be larger than 16 square feet in the C-1, C-2, C-3 and E-1 Zoning Districts.
(b)
Permitted signs may identify the person, establishment or the product and/or service available on the premises which contains the sign. All signs shall be an accessory use and permitted only as provided for in this section.
(c)
Any sign erected or authorized by the Village, town, county, state or other governmental authority, including all signs pertaining to traffic regulations, parking regulations, fire zones and petroleum price signs which are subject to the rules and regulations of the New York State Vehicle and Traffic Law shall be exempt from the provisions of this section, except where maximum size, lettering, color, exact on-site location are not specifically determined by the law permitting the sign.
(d)
A residential condominium, cooperative, apartment house or two-family dwelling shall be entitled to one directory sign.
(2)
Address sign: a sign containing either the name of the occupants and/or the street address. The sign may not exceed one square foot in area; may be attached to the building or on a post not more than four feet high and set within the property boundaries. No permit is required for residential use nor is any fee required for the street address number required by Chapter 155 of the Code.
(3)
Announcement sign: a temporary sign of a commercial or noncommercial nature not to exceed two weeks. No more than one announcement sign about the same activity shall be permitted. Such sign shall not be larger than 18 inches by 24 inches and may not be placed on the window or outside the building. No permit is required.
(4)
Awning sign: a sign painted on an awning attached to a building.
(a)
The awning shall be made of fire-retardant material. No vinyl or plastic.
(b)
On the bottom edge of the front of the awning, one row of letters, not higher than six inches covering not more than eight feet in width, or 50% of the awning width, whichever is less.
(c)
No description of products or services, addresses or telephone numbers are permitted.
(d)
Awning lettering and graphics shall be debited against the total permitted combined sign area.
(e)
The minimum height between the sidewalk or ground level and the bottom of the awning shall be seven feet.
(f)
Awnings may not be backlit.
(5)
Commercial establishments limited to a second floor. Such businesses shall be entitled to one nameplate at the ground floor access, not exceeding two square feet in area and one of the following signs, the area of which shall be deducted from the total permitted combined sign area of the commercial structure on which it is located:
(a)
Not more than one window sign in second floor, or
(b)
One wall sign affixed to the second floor exterior of the building or structure which faces a public thoroughfare, nonilluminated and not exceeding an area of one foot times the width of the premises actually utilized by the business establishment on that floor.
(6)
Construction sign: a temporary sign at a construction site on which construction is actually taking place identifying the contractor, subcontractor and/or architect with only name and phone number.
(a)
When a construction site has a building permit displayed in full view, two construction signs shall be allowed. Such signs may only contain the name and telephone number of the contractors, subcontractors or architects.
(b)
The sign area for each sign shall not exceed four square feet. The height of each sign shall not exceed four feet above finished grade or, if there is no finished grade, the sign shall be no higher than four feet above the grade of the street on which the property is located. The sign shall be placed parallel to the street and be set back at least 20 feet from the property line.
(c)
No permit is needed for a construction sign. However, the Building Inspector shall have the right to remove any illegal construction sign with or without notice.
(d)
Construction signs shall be removed within five days of the date of the following:
(7)
Directory sign: a sign containing the name of a business establishment located within a complex or group of commercial establishments which is obscured from the main thoroughfare or the names of the residents of a condominium, cooperative, apartment house or two-family dwelling.
(a)
Where a business establishment within a complex or group of commercial establishments is obscured from ready exposure to a main thoroughfare, one directory ground sign or one directory wall sign may be permitted for such complex.
(b)
Any business listed on a directory sign shall be entitled to only one other sign, and the sign area shall be debited from the permitted combined sign area.
(c)
Directory ground sign. The maximum area shall be four square feet. The sign may be double faced and only one side used to compute the sign area. If the distance between the faces at any point on the faces exceeds 12 inches, both faces shall be used to compute the area. The maximum height shall be no more than six feet measured vertically from the average finished grade at the base of the sign, not from any planter. The setback from a property line shall be at least five feet.
(d)
Directory wall sign. The maximum area shall be two square feet; four square feet for two or more businesses.
(8)
Ground sign: a freestanding sign attached to a structure intended and designed to support the sign and which is embedded in the ground.
(a)
Set back from building. A ground sign shall be permitted only if the building it serves to identify is set back more than 40 feet from the street line and if the sign is located at least 10 feet from the building and set back at least 15 feet from the property line.
(b)
Size of lettering. Ground signs in the C-1, C-2, C-3 and E-1 Zoning Districts shall not exceed 10 inches in height; in all other zoning districts, 12 inches in height.
(c)
Area. The maximum area shall not exceed eight square feet in the C-1, C-2, C-3 and E-1 Zoning Districts. Any ground sign may be double-faced and only one face shall be used in computing sign area unless the distance between the faces, at any point on the faces, exceeds 12 inches, in which event, both faces shall be used to determine the sign area.
(d)
Height shall be measured vertically from the average finished grade at the base of the sign. Planters shall not be used to circumvent the intent of this section. The maximum height shall not exceed six feet. The height of signs placed on corner lots shall be regulated by § 155-53 of the Village Code.
(9)
Hanging sign: a sign projecting from a wall.
(a)
Any business whose main entrance is not located on a through street may have one hanging sign, not to exceed a maximum of four square feet.
(b)
Such hanging sign shall not project from the structure more than three feet and shall be secured to the structure by a metal bracket.
(c)
The minimum height between the sidewalk or ground level and the bottom of the sign shall be seven feet.
(d)
Any business using a hanging sign shall be entitled to only one additional sign, and the square footage of the hanging sign shall be debited against the total permitted combined sign area for the building.
(10)
Home occupation sign: a sign which identifies only the name and/or occupation or profession of one conducting a permitted home occupation or profession in a dwelling. Such sign shall not exceed one square foot in area and shall be set back according to either the ground sign or wall sign specifications.
(11)
Information sign: a sign which contains information intended exclusively as a public service and of a noncommercial nature, such as the location of facilities designed for public convenience and accommodation, including but not limited to "rest room," "entrance," "exit," "open" or "closed" Such signs shall be one square foot or less in area and contain no commercial copy. No permit is required.
(12)
Landmark sign: an older sign of artistic or historic merit, uniqueness or extraordinary significance to the Village as identified by the Board of Trustees.
(13)
Real estate broker/agent or owner "For Sale" and "For Rent” signs: on-premise signs advertising the property being sold or rented.
(a)
One "For Sale" or "For Rent" sign is permitted per lot or parcel of land facing a public street or right-of-way.
(b)
The sign area shall be 12 inches high by 18 inches wide. Such signs may only contain the name and telephone number of a real estate agency/brokerage or owner and the words "For Sale" and/or "For Rent."
(c)
The sign shall be of single post-and-arm construction. The arm shall not exceed 19 inches in length. The post shall not exceed five feet in length.
(d)
The maximum sign height shall not exceed four feet above finished grade or four feet above the grade of the street on which the property is located. The sign shall be set back a minimum of 25 feet from the property line and a minimum of 10 feet from the building. The sign shall only be placed parallel to the street.
(e)
If the "For Sale" and "For Rent" sign is placed on the property by the real estate broker/agent, a written sign consent permitting such sign executed by the property owner shall be filed with the Building Inspector prior to the placement of the sign on the property.
(f)
The property owner may revoke the consent at any time by filing written revocation with the Building Inspector.
(g)
If the "For Sale" and/or "For Rent” has been placed upon the property by the real estate agency/brokerage, the real estate agency/brokerage shall remove the sign within five days of the following:
(h)
If the "For Sale" and/or "For Rent” has been placed upon the property by the owner, the owner shall remove the sign within five days of the following:
(i)
"Sold" or "In Contract" real estate signs are prohibited in all districts. No owner or real estate agency/brokerage "For Sale" or "For Rent" signs shall be placed on any part of a lot facing the water, golf course or public open space.
(14)
Wall sign: a sign which is painted on, incorporated into or affixed parallel to the exterior surface of a building.
(a)
Wall signs shall be set in at least one foot from each end of the front wall of the establishment and extend not more than six inches from the surface of that building.
(b)
Size of lettering of wall signs in C-1, C-2, C-3 and E-1 Zoning Districts shall not exceed 10 inches in height; in all other zoning districts, the size of the lettering shall not exceed 12 inches in height.
(15)
Window sign: any sign which is painted or mounted onto a window pane or which is hung within 12 inches of the window with the purpose or effect of identifying the premises from the sidewalk or street.
(a)
Area: a window sign shall not exceed eight inches times the width of the window to which it is attached and shall not exceed more than 25% of the window area, or 10% of the glass area of any required exit door.
(b)
Size of lettering height shall be no more than 10 inches high and must be painted on or attached directly and permanently
(c)
Non-temporary signs hung inside windows shall be made of clear materials such as Plexiglas with lettering painted on them.
(d)
Window signs indicating hours of operation, business affiliations, emergency information and the like (excluding product or service information) are permitted, provided that the aggregate area of all such signs for a single business does not exceed one square foot per entrance and that bright or fluorescent colors not be used.
D.
Prohibited signs defined. Any sign not specifically permitted is prohibited and shall be removed within the time specified by the Building Inspector. Prohibited signs shall include but not be limited to:
(1)
Illegal signs: signs which have been constructed, erected, installed, placed in use and/or maintained which do not conform to the provisions of this section.
(2)
Any sign designated, constructed or located in such a manner so that it is not physically attached to a building or set into the ground in accordance with the Building Code and/or is not in compliance with the provisions of this section.
(3)
Any sign of a commercial nature located on a parcel of property used for residential purposes in any residential district, except a permitted home occupation sign.
(4)
Revolving, moving, sound-producing or animated signs, including signs which have the capability of motion in whole or in part, including pinwheels, pennants, balloons and banners. Signs which display temperature and/or time exclusively are permitted.
(5)
Signs utilizing reflective and/or fluorescent paint or reflective and/or fluorescent materials.
(6)
The outlining by direct illumination, including neon lighting, of and affixed to all or any part of the exterior of a building or structure, including but not limited to a gable, roof, side, wall, window, corner or sign, or affixed to the interior part of a window, door, entrance or exit, except for any lighting typically representative of the festive atmosphere limited to a given holiday period, but under no circumstances more than 45 days during a calendar year.
(7)
Signs placed so that they or any part of them project above the eave line of the pitched roof of any building, or the roofline on a gable end, or the top parapet line of the flat roof of any building.
(8)
Any sign painted, erected, affixed or maintained on a light or utility pole, trash container, stone, tree or other natural object or on the face of another sign.
(9)
Signs which cover architectural details, such as, but not limited to, arches, sills, moldings, cornices and transom windows.
(10)
Signs made of paper, cardboard, cloth or similar temporary materials affixed to the glass of windows or doors, except for signs announcing a charitable or nonprofit event.
(11)
Billboards: signs which direct attention to a business, commercial activity, commodity, service or entertainment attraction offered elsewhere than upon the same lot where such signs are displayed or if such activity is only incidentally on such lot.
(12)
Flashing signs: illuminated signs on which the artificial source of light is not maintained stationary or constant in intensity or color at all times.
(13)
Illuminated signs on vending machines or equipment.
(14)
Internally illuminated signs: signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.
(15)
Mobile signs: signs that are capable of being moved by any means without any structural alterations, including signs on a trailer if said trailer is located in a stationary position on a lot for more than four days and the trailer is in open view of any road or public right-of-way.
(16)
Murals: abstract or pictorial representation, including but not limited to trompe l'oeil and fresco, that is displayed, painted on or affixed to a building, structure, wall or fence.
(17)
Neon signs: signs consisting of tubular arrangement containing a rarefied gas which, when permeated by electric charge, causes the production of light. Exterior neon signs and interior neon signs containing any letter, word, model, banner, pennant insignia, device, trade flag or graphic representation which are affixed to a window, door, exterior wall or are located within five feet of a window, door, exterior wall or other opening to the exterior.
(18)
Pylon or pole signs: signs attached to a single pole or pylon that is set into the ground.
(19)
Sandwich signs: freestanding signs consisting of two signs attached to each other at the top.
(20)
Triple-faced or triangular faced signs.
(21)
Tubular signs: signs consisting all or in part of a tubular arrangement directly lit by lighting which is a structural part thereof.
E.
General standards.
(1)
Design guidelines.
(a)
Color. In selecting the principal colors for a sign, colors which are in harmony with the general tone of the building should be chosen. The use of muted and earth-tone colors with a matte finish are strongly encouraged.
(b)
Materials. Sign materials should be consistent with and complement the original construction materials and architectural style of the building on which they are to be displayed. Signs shall be made of wood or metal.
(c)
Lettering. Lettering styles should complement the style and period of the building on which they appear.
(2)
Sign illumination. Illumination of signs shall be accomplished by means of shielded, direct, external, low-intensity light sources and in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists or constitute a hazard to traffic.
(3)
Maintenance. All signs and the lots on which they are placed shall be maintained in such a manner that said signs are visually unobstructed and plainly legible. Illegible and/or improperly maintained signs, such as, but not limited to, signs that are unsound structurally, unsafe or hazardous to the public, shall be deemed abandoned, shall become prohibited and shall be removed, if necessary, by the Building Inspector and at the owner's expense.
(4)
Nonconforming sign.
(a)
Legal nonconforming sign. A sign for which a permit was issued by the Village of Manorhaven in the 18 months prior to the enactment of this section. A legal nonconforming sign shall not be reestablished if such sign has been discontinued or abandoned.
(b)
Nonconforming sign. A sign for which a permit has not been issued and which was constructed, installed and/or placed in use after September 11, 2001, which does not conform to the provisions hereof shall be a nonconforming sign. A nonconforming sign shall either be changed to a conforming sign and a permit issued or shall be removed.
(c)
Written notice of the nonconforming status of a sign shall be sent by certified mail to the owner of record of the property on which the sign is located. The owner or tenant/occupant shall have the option, upon receipt of the notice, to either remove the sign within 30 days of the date the notice was received or, within 30 days of the date the notice was received, apply to the Zoning Board of Appeals for an extension of time to remove the sign. If an application is filed with the Zoning Board of Appeals for an extension of time to remove the sign, the applicant must establish that the original adjusted capital investment of the sign has not been fully amortized. Any extension by the Board of Appeals shall be for the period necessary for the applicant to fully amortize the original adjusted capital investment. "Original adjusted capital investment," as used herein, is defined as the original cost of the sign, including installation costs less all depreciation previously taken for tax purposes. The original adjusted capital investment shall be amortized at the rate of $2,000 per year, commencing five years from the date the sign was originally installed.
F.
Administration.
(1)
Sign permits.
(a)
No sign shall be erected or displayed or any lawfully existing sign moved, altered, redesigned or enlarged until an application has been filed for each sign, an application fee paid to the Village Clerk for each sign and until a permit has been issued by the Building Inspector. Applications shall be on forms prescribed by the Building Inspector.
(b)
Whenever a new building shall be erected or a new business shall be established in a location on which any sign theretofore has been placed, any sign permit previously issued for said sign shall be deemed revoked, and a new application for said sign shall be made to the Building Inspector.
(c)
At a minimum, all applications shall include a plan, in duplicate, showing a scale drawing of proposed sign, specifying dimensions, materials, illumination if any, letter sizes, colors, support systems and location of the proposed sign on the building or land, along with photographs of the building and land. Upon approval, one copy will be returned to the applicant. If the applicant is not the owner of the property, there must be written authorization and plan approval by the owner.
(d)
All signs require Architectural Review Board approval before a permit is issued, except address signs, announcement signs or information signs and "For Sale" or "For Lease" and construction signs if they comply with the provisions hereof. Where there is an application for a sign in a complex of two or more businesses, the Architectural Review Board may request a sign plan for the whole complex.
(e)
Real estate brokers shall apply yearly for a sign permit for all of said real estate brokers' signs which comply with the provisions of this section. The permit shall be effective from May 1 to April 30 of each year.
(f)
Real estate "For Sale" or "For Lease" signs placed on the property by the owner shall require a permit and shall comply with all of the provisions of this section.
(g)
Permits shall be issued only if the Building Inspector determines the sign complies or will comply with all applicable provisions of this section, including method of attachment and adequate materials, and there is Architectural Review Board approval.
(2)
Sign application fees. A schedule of fees for such permits may be established and amended from time to time by the Board of Trustees.
G.
Enforcement.
(1)
The Building Inspector or Code Enforcement Officer is hereby designated to enforce this section.
(2)
Concurrent jurisdiction of Building Inspector. Any power or authority of the Building Inspector hereunder shall be also be subject to exercise by the Code Enforcement Officer; the approval of either shall be sufficient and the act of either shall be equivalent to the act of the other.
(3)
Inspection. Every attached, ground, window or awning sign, upon installation, shall be subject to inspection by the Building Inspector.
(4)
Signs located on public property or rights-of-way may be peremptorily removed by the Building Department, Highway Department or Police Department.
(5)
Any sign which has been ordered removed by the Building Inspector or is abandoned or discontinued shall be removed by the person, firm or corporation responsible for the sign within 10 days of written notice to remove.
(6)
Upon failure to comply with such notice, the Board of Trustees may cause such sign to be removed at the property owner's expense.
(7)
Real estate "For Sale" or "For Rent”signs which do not have a permit or have not had a letter of owner authorization or if the permit or letter of authorization has been revoked or expired, "Sold" or "In Contract" real estate signs and illegal construction signs shall be removed by any Village Enforcement Officer immediately without notice.
(8)
Any sign prohibited by Subsection D hereof or any temporary, announcement or political sign that is in violation of the provisions of this section and which are not permanently affixed to the ground, building or structure shall be removed by any Village Enforcement Officer immediately without notice.
H.
Severability. If any section, subsection, phrase, sentence or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of remaining portions hereof.
I.
Interpretation and application. In their interpretation and application, the provisions of this section shall be held to minimum requirements. It is not intended to interfere with or abrogate or annul any other Village regulations or ordinances. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulation, rule or ordinance, the most restrictive or those which impose the highest standards shall govern.
§ 155-54 Garages.
[Amended 3-23-1988 by L.L. No. 2-1988]
A garage erected as accessory to a story-and-one-half building should not be higher than 75% of the height of such main building, and, if erected as accessory to a two-story main building, it shall not be higher than 60% of the height of such main building. The minimum interior dimension of such garage shall be eight feet by 18 feet.
§ 155-55 Air structures.
Buildings supported by air and enclosed or encapsulated with any inflatable or supportable skin, with or without cables, are not permitted.