Medina Village City Zoning Code
ARTICLE VI
Regulations Applicable to All Zoning Districts
§ 254-39 Signs.
A.
Purpose.
(1)
The purpose of these sign regulations is to promote and protect the public health, welfare and safety by regulating existing and proposed advertising signs and signs of all types. It is intended to protect the property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness.
(2)
These sign regulations are also intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B.
General regulations. Except as otherwise provided, no person shall erect, alter, or relocate any sign without first obtaining a sign license from the Village of Medina. Within six months following the effective date of this chapter, a license shall be obtained for any preexisting sign, unless excluded by the exempt signs provision under this section.
(1)
Application procedure. Applications shall be made in writing to the Code Enforcement Officer on forms prescribed and provided by the Village of Medina, and shall contain the following information:
(a)
Name, address and telephone number of:
[1]
Applicant.
[2]
Owner of the property.
(b)
Location of the building, structure or land upon which the sign now exists or is to be erected.
(c)
If a new sign is to be erected, elevation and plan drawings to scale should be included. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:
[1]
Type of sign.
[2]
Location on the premises, specifically its position in relation to adjacent buildings, structure and property line.
[3]
The method of illumination, if any, and the position of lighting or other extraneous devices.
[4]
Graphic design, including symbols, letters, materials and colors.
[5]
The visual message, text, copy or content of the sign.
[6]
Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
(2)
License. Upon the filing of a completed application for a sign license and the payment of the required fee, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If the sign is in compliance with all the requirements of this chapter the Code Enforcement Officer shall, within 15 days, issue a license for the erection of the proposed sign or for an existing sign. The issuance of a license shall not excuse the applicant from conforming to the other laws and ordinances of the Village or with the Codes of New York State. If the erection of the sign authorized under any such license has not commenced within six months from the date of issuance, the license shall become null and void.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
License period and fees. All licenses issued pursuant to this section shall expire on the 31st day of December next after the date of issuance. The license fees may be set from time to time by the Village Board of Trustees by resolution.
C.
Exempt signs that require no license. The following types of signs may be erected and maintained without a license or permit or fees, provided that such signs comply with the general requirements of this section:[2]
(1)
Historical markers, tablets and statues, memorial signs and plaques; name of buildings and dates of erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies, religious or nonprofit organizations. Such signs shall not exceed six square feet.
(2)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(3)
On-premises directional signs not exceeding four square feet per face and six feet in height. Business and personal names shall be allowed, excluding advertising messages.
(4)
Nonilluminated warning, private drive, posted or no trespassing signs not exceeding two square feet per face.
(5)
Temporary nonilluminated "for sale," "for rent," real estate signs and signs of similar name, concerning the premises on which the sign is located in a residential district, one sign not exceeding four square feet per side. In a business or industrial zoning district, one sign not exceeding 50 square feet set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the property.
(6)
Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet and displayed no more than three times per year and for no more than three consecutive days each time.
(7)
One temporary sign for a roadside stand selling produce grown on the premises in season, provided that such sign not exceed 24 square feet and not be set on the public right-of-way.
(8)
Temporary nonilluminated window signs and posters not exceeding 25% of the window surface or displayed for more than 30 days.
(9)
One sign, not exceeding six square feet in the residential districts nor 16 square feet in the business districts, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. All such signs shall be removed within seven days following completion of the construction or repair.
(10)
Noncommercial speech signs, also known as "free speech signs," which express an opinion or a statement unrelated to a business venture, are permitted subject to the following conditions:
(a)
The maximum number of noncommercial speech signs shall be two per lot.
(b)
Such signs shall not exceed a total of four square feet in residential areas and 16 square feet in business areas for all such signs on a single lot.
(c)
Noncommercial signs shall not be illuminated, except indirectly.
(11)
Political campaign posters, banners and similar devices not exceeding four square feet in residential areas or 16 square feet in business areas, provided that:
(a)
Placement shall not exceed 30 days.
(b)
The names and addresses of the sponsor and the person responsible for removal of the sign are identified on the signs.
(12)
Temporary illuminated or nonilluminated signs, posters, banners or other similar devices erected by not-for-profit community organizations to advertise suppers, banquets, benefits, fund-raising events and similar functions, and directional signs for meetings, conventions and other assemblies may be erected provided that:
(a)
Placement shall not exceed 30 days.
(b)
The event sponsor shall be responsible for removal of the sign.
(13)
Holiday decorations, including lighting, are exempt for the provisions of this chapter and may be displayed in any district without a permit.
(14)
Integral graphics or attached price signs on fuel pumps at gas stations.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Prohibitions.
(1)
No advertising sign shall be placed on premises other than the site of the business advertised except as permitted under the exempt signs provisions of this section.
(2)
The total number of permitted signs on a single storefront shall not exceed two, of which only one may be freestanding.
(3)
No sign shall be illuminated by or contain flashing intermittent, rotating or moving lights except to show time and temperature.
(4)
No sign shall create a traffic hazard or impair or cause confusion or unduly distract motorists or pedestrians traffic in its design, color or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.
(5)
No sign shall be attached to a public utility pole or traffic control structures nor reduce the effectiveness of traffic control devices and signs needed to direct the public.
(6)
No sign or sign supports shall be placed on the roof of any building.
(7)
No sign shall consist of banner, pennants, ribbons, streamers, spinners or similar fluttering or revolving devices.
(8)
No exterior portable or temporary signs shall be erected, used or maintained except for a new business, or a business in a new location, awaiting installation of a permanent sign. In such an instance, the portable or temporary sign may be utilized for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such a portable sign must meet all construction standards of the district. A separate license for such a sign shall be required.
(9)
Any electronic message with a fixed or changeable display, which may be changed by electrical, electronic or computerized process or remote control, and may include animation or motion of any kind, words and/or pictures, electronically projected text, images or graphics, and may also include, but is not limited to, light-emitting diodes (LED), video, television and plasma displays, fiberoptics, holographic images, or other technology that results in bright, high-resolution text, images and graphics.
[Added 1-25-2016 by L.L. No. 1-2016]
E.
Nonconforming signs. In the event that a sign lawfully erected prior to the adoption or amendment of this chapter does not conform to the provisions and standards of this section, then such signs should be modified to conform or be removed according to the following regulations:
[Amended 5-10-2010 by L.L. No. 3-2010]
(1)
If a nonconforming sign includes such features included under the prohibitions provisions of this section, then such sign shall be modified by its owner to comply, or be removed within 30 days after the owner receives written notice from the Code Enforcement Officer to so comply.
(2)
If an owner has complied, as necessary, with the above provision, yet remains in a nonconformity in other respects, he may apply for a permit to maintain the nonconforming sign for a fixed period based on the remaining undepreciated useful life of such sign, as determined by an appropriate depreciation formula (e.g., value standards in use by the New York State Department of Transportation). Application for such permit shall be filed with the Code Enforcement Officer within six months of the adoption or amendment of this chapter and shall include satisfactory proof of the date of erection of said sign. A permit to continue a nonconforming sign shall, in no case, exceed five years.
F.
Abandoned signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. Failure to remove an abandoned sign shall be a violation of this chapter. The reuse of an abandoned, nonconforming sign, shall be prohibited unless said sign is modified in such a way to bring it into compliance with this chapter.
G.
Maintenance of signs. Every sign shall, at all times, be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting and cleaning. The Code Enforcement Officer shall require compliance with all standards of this chapter. If a sign does not comply with adequate safety standards, it shall be removed.
H.
Dangerous or hazardous signs. No person shall maintain or permit to be maintained on any premises owned, occupied or controlled by him any sign which is either not structurally sound or creates an electrical hazard. Any such sign shall be removed or repaired by the owner or user of the sign or the owner of the premises.
I.
Gasoline price signs. The price of gasoline offered for sale at retail for use in motor vehicles shall be continuously posted on the individual pump or other dispensing device from which such gasoline is sold by a sign or placard, at least 12 inches in height and 12 inches in width, which shall clearly state the selling price per gallon. The use of a placard may be eliminated if the calling price appears on the face of electronic computing-type dispensing pumps. No other sign or placard stating the selling price of gasoline shall be posted or maintained on the premises on which said gasoline is sold or offered for sale.
[Amended 5-10-2010 by L.L. No. 3-2010]
J.
Construction standards.
(1)
General regulations.
(a)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL48) of Underwriters' Laboratories, Inc., or an equivalent standard, and bear the seal of Underwriters' Laboratories, Inc., or another acceptable service.
(b)
If such sign does not bear the Underwriters' Laboratories, Inc. label, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(c)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(d)
All signs, including wall-mounted and projecting signs, shall be securely anchored, free from all hazards and employ acceptable safety materials.
(e)
The total cumulative area of all signs permitted on a single storefront shall not exceed the greater of 32 square feet or an amount calculated at the rate of one square foot of sign area per lineal foot of building frontage, plus one square foot of sign area for every four lineal feet setback of the principal building on the property, but in no such case shall the total sign area allowed exceed 64 square feet.
(2)
Specific regulations of sign types. The following are descriptions of signs varying in construction and type which shall comply with the additional conditions set forth herein:
(a)
Wall signs.
[1]
Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.
[2]
Wall signs shall not extend more than nine inches from the face of the buildings to which attached except that copy-change signs may extend 15 inches therefrom.
(b)
Projecting signs.
[1]
Projecting signs shall not have more than two faces.
[2]
The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.
[3]
No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of eight feet.
[4]
Projecting signs shall not extend above the level of the second floor of the buildings to which attached or in any case be higher than 12 feet.
[5]
No projecting sign shall be closer than 15 feet to the corner of a building located at a street intersection.
(c)
Freestanding signs.
[1]
No freestanding sign shall be located less than two feet from the front property line nor less than five feet from the side property line. No freestanding sign may be located less than 50 feet from any other freestanding sign. It shall not obstruct the view or constitute a safety hazard.
[2]
If, for any reason, the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform to the minimum setback requirements.
[3]
Except as otherwise provided herein, no freestanding sign shall be more than 20 square feet per side for a double-faced sign.
[4]
No freestanding sign shall be more than 30 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
[5]
No freestanding sign stall extend over or into the public right-of-way nor shall it overhang the property lines.
[6]
Freestanding signs under which a pedestrian walkway or driveway passes shall have a ten-foot vertical clearance.
[7]
Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.
(d)
Other types of signs.
[1]
Awning signs.
[a]
No sign shall project from an awning.
[b]
Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the name and/or address of the enterprise or premises.
K.
Design guidelines. The purpose of this subsection is to encourage appropriate and compatible graphic design, material, colors, illumination and placement of proposed signs.
(1)
Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.
(2)
Signs should be appropriate to the types of activities they represent.
(3)
Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval.
(4)
No more than two typefaces should be used on any one sign or group of signs indicating one message.
(5)
The number of colors used should be the minimum consistent with the design.
(6)
Illumination should be appropriate to the character of the sign and surroundings.
(7)
Groups of related signs should express uniformity and create a sense of harmonious appearance.
(8)
After the issuance of a sign license and upon completion of installation, the Code Enforcement Officer shall produce a photograph of the sign to be kept on file with the license.
L.
Review and appeals. Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this section may appeal such decision, in writing, to the Zoning Board of Appeals as provided in § 254-95 and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
M.
Signs within historic districts or on historic buildings.
(1)
Purpose. Because the protection, enhancement and perpetuation of buildings in the Village of Medina historic districts is vital to the promotion of economic and cultural growth in the Village, and due to the architectural resources unique in their significance to the heritage of the Village, regulation of signage placed within the historic districts and adjacent areas must ensure that such signage is harmonious with the overall character of the historic districts.
(2)
Applicability. This subsection applies to all new signs, or to any substantial change in an existing sign, placed within a designated historic district or on or adjacent to a designated landmark in the Village of Medina.
(3)
Application and licenses. Application for a sign license for all signs proposed to be place in a designated historic district or on or adjacent to a designated landmark in the Village shall be made as required by Subsection B of this section. Such application shall be subject to review by the Village Planning Board. The Village Planning Board shall consider the following factors in addition to the requirements of Subsections J and K of this section in reviewing applications:
(a)
Total signage shall not exceed 1 1/2 square feet per linear foot of the facade to which the proposed sign(s) is affixed. If not placed on a facade, total signage shall not exceed 32 square feet. Signage area will include permanent window signs, facade signs and hanging or projecting signs. Footage of hanging or projecting signs will be considered doubled if visible from both sides. The total of all visible sides of a hanging or projecting sign shall not exceed 32 square feet.
(b)
In evaluating the placement of the sign, the Village Planning Board shall consider the original design and style, if such can be ascertained, of the facade of the building to which the sign is to be affixed. Signs should not obscure significant architectural features (for example: arches, transom panels, sills, moldings and cornices) of the building or adjacent buildings and should be proportionate to the volume of the facade.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c)
No signs, except window signs approved as set forth herein, shall be attached to the upper facade surfaces of a building (being designated as above the lower window ledges of the second floor). Business advertising located on upper wall surfaces is not appropriate or acceptable signage on historic building or in historic districts.
(d)
Signage on awnings or canopies is permissible if within the maximum area allowable under this subsection and approved as to color and design as set forth herein, if otherwise compatible with the facade to which it is attached. This type of signage is permitted on any floor.
(e)
The material, color, shape, illumination and design of the sign and its relationship to the site or building shall be considered to determine its appropriateness to and compatibility with the character of the historic district.
(f)
The Village Planning Board shall also consider the criteria contained in the publication Guidelines for Quality Sign Design, a copy of which is on file in the office of the Code Enforcement Officer.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 254-40 Off-street parking regulations.
This section shall apply to all property within all districts except the Central Business District.
A.
Location of off-street parking facilities.
(1)
Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.
(a)
For one- and two-family dwellings and for all types of residential structures: on the same lot with the building they are required to serve.
(b)
For multiple-family dwellings: not more than 200 feet from the building they are required to serve.
(c)
For other uses: not more than 500 feet from the building they are required to serve.
(2)
Parking spaces or parking areas, with the exception of driveways to access parking spaces and areas, shall not be permitted within required front yards.
(3)
No parking shall be permitted in the area between the edge of street paving and the sidewalk or in any other pubic right-of-way areas.
(4)
Off-street parking shall be in side or rear yards only, and shall be a minimum of 10 feet from property lines. Areas for parking of more than five vehicles shall be screened from view by a fence of acceptable design or by landscaping. All fence and landscaping installations shall meet all the requirements for fences and landscaping set forth in this chapter and all other Village requirements.
(5)
No motor vehicle with a gross weight of more than 10,000 pounds may be parked on any parking lot within the scope of this section except for such periods of time as are actually necessary to pick up or make deliveries of merchandise; or to receive or discharge passengers; or to provide services requested by the lot owner or construct authorized structures or other improvements on such lot.
(6)
A permit for front yard parking may be granted by the Village Planning Board for a property with side yard widths less than 10 feet. The Village Planning Board may attach reasonable conditions to any such permit.
(7)
A boat, boat trailer, camper or recreational vehicle may be stored only in the rear or side yard.
B.
Design requirements.
(1)
All uses shall provide adequate off-street parking for all vehicles parked during typical peak periods. Parking should be designed to eliminate the need to back out on to public streets.
(2)
A parking space shall be not less than 10 feet by 20 feet, exclusive of accessways and driveways. Single-family residences need not exclude the driveway area.
(3)
Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post no parking signs.
(4)
Any off-street parking areas subject to the Americans with Disabilities Act shall provide handicapped parking in accord with the following table:
Total Parking Spaces per Lot | Total Minimum Number of Accessible Spaces Required | Minimum No. of Van-Accessible Spaces with at Least 96-inch-wide Access Aisles | Minimum No. of Accessible Spaces with at Least 60-inch-wide Access Aisles | |
|---|---|---|---|---|
1 to 25 | 1 | 1 | 0 | |
26 to 50 | 2 | 1 | 1 | |
51 to 75 | 4 | 1 | 2 | |
76 to 100 | 3 | 1 | 3 | |
101 to 150 | 5 | 1 | 4 | |
151 to 200 | 6 | 1 | 5 | |
201 to 300 | 7 | 1 | 6 | |
301 to 400 | 8 | 1 | 7 | |
401 to 500 | 9 | 2 | 7 | |
501 to 1,000 | 2% of the total spaces | 1/8 of the total required spaces | 7/8 of the total required spaces | |
1,001 and over | 20, plus 1 for each 100 over 1,000 | 1/8 of the total required spaces | 7/8 of the total required spaces | |
NOTE: Handicapped accessible parking spaces shall be at least eight feet wide, exclusive of the access aisle. Two handicapped accessible parking spaces may share an access aisle. | ||||
(5)
All off-street parking spaces shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.
(6)
Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.
(7)
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Village Planning Board during site plan review, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.
(8)
No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 20 feet of any side lot line provided that sufficient distance will always remain for all required radii for said driveway. The distance from the driveway to the intersection shall be measured by extending the curbline of the intersecting street until it intersects the curbline of the driveway in question, extending such driveway curbline if necessary. A minimum distance of 50 feet shall be maintained between two driveways located on any one frontage.
(9)
Except where otherwise specified in this chapter, off-street parking areas may be located in any yard space for nonresidential uses but shall not be located closer than 30 feet to the right-of-way line of all streets and no closer than 10 feet to any other property line.
(10)
Car stops or other suitable devices shall be installed to protect fencing, landscaping and other screening devises from damage.
(11)
Stormwater drainage shall be installed to direct parking areas stormwater runoff away from adjacent properties.
(12)
Parking facilities shall be provided with a snow storage area to ensure that fencing, landscaping and other screening devices are protected from snowplowing.
(13)
Driveways and parking areas shall be paved with concrete, asphalt or crushed stone, and shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacement shall be made.
(14)
Driveway aprons shall be paved with concrete or asphalt.
(15)
Surfaces shall be constructed and maintained so as to be all weather, durable and dustless.
(16)
Sidewalks crossing driveways, driveway aprons or parking areas shall be concrete and shall comply with all applicable Village Code requirements.
C.
Lighting.
(1)
All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one-family and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street parking area shall be so arranged as to direct light away from all adjoining property and public or private roadways.
D.
Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.
E.
Existing nonconforming parking areas.
(1)
Parking spaces within the area between the edge of street paving and the sidewalk or front yards in existence at the time of enactment of this chapter shall be subject to review by the Village Planning Board. Property owners shall apply to the Village of Medina Planning Board for such review.
(2)
Such parking areas shall be paved with asphalt or concrete.
(3)
Curbing shall be installed to match existing curbing, if any.
(4)
Such areas shall be provided for adequate drainage and shall not result in ponding of stormwater.
(5)
Such parking areas shall not be enclosed as carports or garages.
(6)
Applicants shall provide information to demonstrate that no other practical parking alternative exists on the premises or demonstrated extreme hardship. The Village Planning Board shall also consider the general character of the surrounding neighborhood and the suitability of the applicant's request.
(7)
Upon satisfactory review of an existing parking area between the edge of street paving and the sidewalk, the Village Planning Board may issue a permit to allow such area to continue in use. The Village Planning Board may attach reasonable conditions to any such approval.
F.
Intensification of use. When the intensity of an existing use has increased through the addition of dwelling units, gross floor area or modification of the use, parking facilities shall be provided as required by this chapter.
G.
Residential driveway regulations.
(1)
The maximum number of driveways opening to a Village street or alleyway shall be one per 150 feet of frontage or less. Where frontage exceeds 150 feet, the Village Planning Board may, upon review, permit more than one driveway opening.
(2)
The angle of driveway openings with Village streets and alleyways shall be as close to 90° as practicable.
(3)
The maximum width of a driveway opening shall be 20 feet; the minimum driveway opening width shall be nine feet.
(4)
The size and slope of any driveway storm drains and culverts within the Village right-of-way shall be specified by the Village Superintendent of Public Works. The owner shall bear all costs for pipe, grating, paving and other construction materials required within the Village right-of-way.
(5)
Brush and trees shall be trimmed so as to provide and maintain optimal sight lines.
(6)
All permits required by Article IV, Street Openings, of Chapter 206 of the Code of the Village of Medina shall be obtained prior to any driveway construction.
H.
Minimum parking standards. Off-street parking spaces shall be provided and maintained by the owner of the property in accord with the following schedule:
Use | Minimum Space Required | |
|---|---|---|
Single-family and two-family dwellings | 2 spaces per dwelling | |
Multiple-family dwellings | 1 space for each efficiency unit 2 spaces for each one-bedroom unit 2 spaces for each two-bedroom unit 3 spaces for each three-bedroom unit or larger unit. | |
Senior citizen apartment buildings | 1 space per dwelling | |
Home business: Class A | 4 spaces, excluding the number of spaces required for the dwelling | |
Bed-and-breakfast inns | 1 space for each guest bedroom, plus 2 spaces for the residence. | |
Outdoor recreational facilities | To be determined through site plan review. | |
Churches, auditoriums, theaters, funeral homes and other places of public assembly | 1 space for each 4 seats at maximum capacity. | |
Veterinarian offices/animal hospitals | 1 space per 200 square feet of floor area, plus 1 space per every 2 employees | |
Private schools/preschools | 1 space for each instructor, plus 1 space for each 6 students. | |
Libraries and museums | 1 space for each staff member, plus 1 space for each 200 square feet of public area | |
Manufacturing, industrial, warehousing and wholesale | 1 space for each 500 square feet of gross floor area | |
Restaurants | 4 spaces for each 1,000 square feet of net floor area | |
Taverns, bars and night clubs | 13 spaces for each 1,000 square feet of net floor area | |
Motels/hotels | 1 space for each guest bedroom | |
Business and professional offices | 4 spaces for each 1,000 square feet of net floor area | |
Hospitals and nursing homes | 1 space for each 4 beds or residents, plus 1 space for each two employees | |
Medical clinics and offices | 5 spaces for each 1,000 square feet of net floor space | |
Bowling alleys | 5 spaces per alley | |
Day-care centers | 1 space per employee, plus 1 for each 6 persons enrolled | |
Cemeteries | 3 spaces per acre | |
General retail stores | 4 spaces for each 1,000 square feet of net floor area | |
Financial institutions and banks | 1 space for each 200 square feet of floor area for customers, plus 1 space per employee | |
Personal service businesses (barbershops, beauty salons, dry cleaners, etc.) | 1 space for each 200 square feet of gross area, plus 1 space per each employee | |
Building materials storage and sales | 1 space for each 200 square feet of sales floor areas, plus 1 space per company vehicle | |
Gasoline station | To be determined through site plan review. | |
Real estate offices | 1 space per 300 square feet of floor area, plus 1 space per employee | |
Riding stables | 1 space per each 2 horse stalls | |
Private schools (elementary and intermediate) | 1 space for each faculty member, plus 1 for each 2 staff members | |
Secondary schools | 1 space for each faculty member, plus 1 for each 2 staff members, plus 1 for each 10 students. | |
Motor vehicle sales and service | 1 space per 200 square feet of sales floor area, plus 1 space per 600 square feet of service floor area | |
Health and fitness clubs | 7 spaces per each 1,000 square feet of net floor area |
I.
Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Village Board of Trustees. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as herein specified for joint use.
§ 254-41 Off-street loading.
A.
For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, adequate space for loading and unloading services shall be provided and permanently maintained in order to avoid undue interference with the public use of streets, alleys, or parking areas.
B.
Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 55 feet in length, and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building.[1]
[1]
Editor's Note: Original Sec. 602C, regarding preexisting, nonconforming use, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 254-42 Access control.
In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:
A.
The maximum number of driveways opening to a Village street or alleyway shall be one per 150 feet of frontage or less. Where frontage exceeds 150 feet, the Village Planning Board may, upon review, permit more than one driveway opening.
B.
The use of common access points by two or more permitted uses shall be encouraged by the Village Planning Board in order to reduce the number of access points along a street in close proximity to each other and to encourage the fronting of significant traffic generating uses on parallel access streets and not directly on Village streets.
C.
Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points for nonresidential uses shall not be less than 20 feet nor more than 30 feet in width.
D.
All accessways shall meet the applicable standards and requirements of the New York State Department of Transportation, Orleans County Highway Department and Village Superintendent of Public Works.
E.
No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line, or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located. In addition a minimum distance of 50 feet shall be maintained between two driveways located on any one frontage.
§ 254-43 Fences.
A.
Building permit required. A building permit is required for all fences, freestanding walls or retaining walls constructed in the Village of Medina except for decorative fences less than two feet in height used for protection of home gardens or as lawn accents and being of visually nonobstructive construction. A site plan showing the site property lines and proposed fence or wall location shall accompany all permit applications. No permit shall be required for temporary fences under Subsection D of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Fence building and maintenance regulations.
(1)
All fences, walls or retaining walls extending beyond the front facade of a residential home shall be limited to a maximum height of four feet. All other fences, walls or retaining walls in the Agricultural-Residential, Residential Districts and the Central Business and General Business Districts shall be limited to a maximum height of six feet. Fences in the Light Industrial and Industrial Districts shall be limited to a maximum of 10 feet.
(2)
The finished or good side of the fence or wall must face the closest neighboring property except where written permission is made with the adjoining property owner. Such written agreement must accompany the permit application. All fences shall be set back a minimum of one foot from any Village right-of-way.
(3)
Any fence erected along a lot line shall be erected wholly on the property of the owner and neither the fence itself nor any supporting accessory components thereof shall encroach upon the adjoining properties.
(4)
No fence or wall shall be constructed to a height greater than 30 inches, measured from the sidewalk grade in the triangular shaped area of a corner lot adjacent to intersecting streets. The dimensions of said triangular-shaped area shall be determined by establishing a point on the front lot line and a point on the side lot line equal distance from the corner of the intersection of the street lines that when such points are connected by a straight line, the straight line touches the comer or face of a structure if there is a structure, except that the distance of the two points established on the front and side lot lines need not be greater than 75 feet from the corner intersection.
(5)
Fence posts shall be set in the ground to a depth of 42 inches. The fence post must be surrounded in the ground by concrete or crushed stone at least six inches greater than the post diameter. Masonry fencing or walls must be supported with a foundation in the ground to a depth of 42 inches. Metal post anchors are not permitted.
(6)
No fence or wall shall be erected which creates a traffic hazard or endangers public safety.
(7)
Fences and walls shall be maintained in a good state of repair and in a safe condition. Paint stain or wood preservative shall be applied to wood and metal fences as necessary for maintenance. No fence or wall shall be permitted to become unsightly or in a state of disrepair. Fences comprised of shrubbery, hedge or other type of vegetation shall be periodically trimmed so as to not obstruct any sidewalk or interfere with any pedestrian, obscure the clear view at any street intersection or exceed the permitted height for such fence.
(8)
Barbed-wire and electric fences are permitted on active farms in the Agricultural-Residential District and only for the purpose of confining farm animals to the premises.
(9)
Barbed-wire and razor-wire fences are permitted in the Light Industrial and Industrial Districts, provided the barbed wire and razor wire is used only as a barrier at the top of a security fence comprised of some other fence material that is not injurious to humans. Minimum height above grade for barbed wire and razor wire shall be eight feet. Installations using barbed wire or razor wire shall require the approval of the Village Planning Board, and the applicant shall submit information to the Village Planning Board showing the necessity for use of such wire.
(10)
No fence, wall of similar structure, as well as shrubbery, shall be constructed or maintained in a manner having adverse effect on public safety or present a hazard, dangerous condition or obstruction to emergency personnel and equipment for combating fires.
(11)
All chain link fences shall be erected with the closed loop at the top of the fence.
(12)
All entrance gates shall open into the property.
C.
Existing fences and walls. Existing fences and walls constructed before this regulation took effect shall be maintained as required by Subsection B of this section and in keeping with the original architecture of the fence or wall. Any significant changes in height, length or material made to an existing fence or wall will require that the fence or wall meet currently existing regulations.
D.
Temporary fences. Snow fences shall be permitted only on a seasonal basis November 15 through April 15. Construction site safety-type fences shall meet all Village, state and federal codes and shall be allowed at construction sites only.
E.
Visibility at intersections. The Code Enforcement Officer shall have the authority to direct the removal, trimming or modification of any fence, wall, hedge vegetation; including plants, trees and flowers, in the Village whenever the same shall interfere with the adequate visibility of operators of motor vehicles at street intersections, driveways or curbs.
§ 254-44 Clear view of intersecting streets.
No obstruction to view in excess of 30 inches in height, measured perpendicular from the street grade, shall be maintained on any premises within the angle formed by intersecting streets within the distance of 75 feet measured along the center lines of each street from the intersection thereof. Such a clear sight triangle shall be maintained in order to ensure visibility of traffic approaching the intersection.
§ 254-45 Minimum requirements for dwellings.
A.
All single-family dwellings shall have a gross habitable floor area of not less than 900 square feet, except that manufactured homes located in manufactured home parks shall be exempt from this requirement.
B.
The minimum width of a dwelling at its narrowest dimension, excluding porches or patios, shall be 20 feet, except that manufactured homes located in manufactured home parks shall be exempt from this provision.
C.
All manufactured homes manufactured after June 15, 1976, shall comply with the minimum standards set forth in the Code of Federal Regulations at 24 CFR 3280, as may be amended from time to time, and shall bear a seal, plaque or tag of the U.S. Department of Housing and Urban Development (HUD), or such other federal agency as may be subsequently designated to enforce the provisions of said minimum standards, attesting to compliance with 24 CFR 3280. All manufactured homes manufactured before June 15, 1976, shall be in compliance with the Codes of New York State.
D.
All dwellings must have a concrete or masonry foundation that extends at least 42 inches below ground level, except manufactured homes which must comply with the requirements set forth in Manufactured Home Park Overlay District regulations set forth in this chapter.[1]
[1]
Editor's Note: See § 254-34.
E.
Any dwelling that does not have a cellar for storage must have a storage shed or garage on the lot. Such storage shed or garage will provide necessary storage space to compensate for the lack of cellar storage space. The minimum dimensions for a storage shed shall be 120 square feet and said storage shed shall be anchored to a concrete foundation or concrete pad.
F.
No cellar sited independently of a structure shall be used exclusively as a dwelling.
G.
The exterior siding shall consist of vinyl or aluminum lap siding, wood, masonite, stucco or other materials similar to the exterior siding commonly used in standard residential construction.
H.
The construction and installation of all structures, including seasonal dwellings, manufactured homes and appurtenant utilities shall conform to provisions of the Codes of New York State and all other applicable standards.
I.
Not more than one building or structure on any one lot may be occupied as a dwelling.
§ 254-46 State environmental quality review.
A.
The State Environmental Quality Review Act[1] requires local government to examine the environmental impact of all actions they permit, fund or construct.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
All unlisted and Type I actions (6 NYCRR Part 617) shall require the submission and review of an environmental assessment form.
C.
For zoning action reviewed by the Village, the following bodies shall be lead agency unless otherwise delegated by the Village Board of Trustees.
Action | Lead agency | |
|---|---|---|
Zoning text amendments | Village Board of Trustees | |
Zoning district amendments | Village Board of Trustees | |
Special permits | Village Planning Board | |
Site plan reviews | Village Planning Board | |
Zoning variances | Village Zoning Board of Appeals |
D.
If, in the opinion of the local lead agency, after review of the environmental assessment form, there appears to be the potential for significant environmental impact, the lead agency shall cause the applicant to prepare a draft environmental impact statement. Review, notice and action on the environmental impact statement shall be conducted in accord with 6 NYCRR Part 617.
§ 254-47 Recreational vehicles.
A.
Recreational vehicles shall not be occupied outside of an approved campground.
B.
No more than one recreational vehicle may be parked on any residential property at any time.
C.
Recreational vehicles shall not be parked in the front yard of a parcel upon which there is a dwelling.
D.
Placement of parked recreational vehicles shall be in accordance with the setbacks required for principal buildings in the respective zoning district of the property.
§ 254-48 Nonconforming uses, lots and structures. [1]
Lots, structures, uses of land, and characteristics of uses which lawfully existed at the time of the enactment or amendment of this chapter and which would be prohibited or restricted under the terms of these regulations may be continued subject to the following provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival.
B.
General regulations.
(1)
A nonconforming lot shall not be further reduced in size.
(2)
A nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(3)
A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of this chapter.
(4)
A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again except in accordance with these regulations.
(5)
Where such nonconforming use is upon the land itself and not enclosed within a structure, such use may be continued upon the land being so used at the time of the adoption or amendment hereof. Any such nonconforming use of the land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use, however, such extension or expansion of such nonconforming use shall comply with the setback and fencing requirements of this chapter.
(6)
Should any structure be moved for any distance for any reason, it shall thereafter conform to the requirements for the zoning district in which it is located after it is moved.
C.
Restoration and alterations.
(1)
A nonconforming structure damaged by fire or other causes to the extent of more than 75% of its assessed value, based upon the State Board of Real Property Services rates, shall not be repaired or rebuilt except in conformity with the requirements of these regulations; except residential property owners may rebuild a home, on the same foundation area, provided that:
(a)
The property owner provides the Zoning Enforcement Officer an instrument survey demonstrating that the foundation lies totally within the property boundaries.
(b)
The owner provides evidence of applicable County Health Department approval for the new construction.
(c)
The new construction shall be in compliance with all other applicable laws and regulations.
(2)
Any structure or portions thereof declared unsafe by a proper authority may be restored to a safe condition.
(3)
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided it does not extend the area or volume of space occupied by the nonconforming use.
(4)
Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
D.
Discontinuance.
(1)
In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter.
(2)
Such discontinuance of the active and continuous operation of such nonconforming use or part or portion thereof, for such period of one year, is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations.
(3)
If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
E.
Existing undersized lots of record.
(1)
Any lot of record held in single and separate ownership prior to the adoption of this chapter, and whose area and/or width and/or depth are less than the minimum requirements specified herein for the district, may be considered as complying with this chapter and no variance therefor shall be required, provided that:
(a)
Such lots do not adjoin any other lot or lots held by the same owner, the aggregate area of which lots is equal to or greater that the minimum lot area required for the district;
(b)
For single-family residential properties, the side yards meet the minimum side yard requirements for preexisting, nonconforming lots as set forth in the Dimensional Requirements Table attached hereto.[2]
[2]
Editor's Note: Said table is included at the end of this chapter.
(2)
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
(3)
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 254-49 Alternative energy systems.
The erection or construction and use of electric energy producing devices powered by the wind shall be prohibited in all districts in the Village except the Agricultural-Residential District in which such use may be permitted as a special use.
§ 254-50 Habitation.
All residential habitation shall be in residential dwellings as defined by this chapter.
§ 254-51 One principal structure and use per lot.
There shall be not more than one principal structure and not more than one principal use on any one lot.
§ 254-52 Slope of yards.
A.
The surface of the front yard of the principal building in any residential district shall be at the front wall of such principal building on a gradient of lot less than 1 1/2% above the established grade of the sidewalk.
B.
Where unnecessary hardship due to topographic conditions is proven, the Zoning Board of Appeals may vary the front yard gradient requirements, except that minus gradients shall not be established closer than 12 feet to the front of the building line.
C.
Where the principal building is established on a terrace, the lot shall be graded so that surface water will not be discharged on adjoining lots.
§ 254-53 Refuse containers.
Commercial and industrial uses shall utilize commercial refuse containers for the disposal of commercial and industrial waste.
§ 254-54 Stripping of topsoil and excavation.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. Any area of land consisting of more than one acre from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover within the first growing season following the start of said operation. Open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a zoning permit and a building permit have been issued, and only for such period of time as the zoning and building permits are in full force and effect.
§ 254-55 Swimming pools.
Private swimming pools shall be permitted in any residential district, provided that there is an existing residence on said lot and the following regulations are complied with:
A.
Setbacks.
(1)
Outdoor swimming pools shall be located in the rear or side yards and shall conform to the minimum setback requirements for a structure in the district. Aprons and decks which are accessory to a pool shall not be within the minimum setback area specified in the schedule for accessory uses.
(2)
No swimming pool shall be closer to the street or front lot line than the front of the building or structure to which the pool is an accessory use.
B.
Drainage. No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the property of others, with public streets or area drainage facilities.
C.
Permits. Zoning permits shall be required for all swimming pools having a depth equal to or greater than 24 inches regardless of whether the pool is temporary or permanent or whether the pool is above or below ground.
D.
Fences. Fences and gates shall be required pursuant to the requirements of the Codes of New York State.
E.
Ladders. Ladders on all aboveground pools shall be retractable or capable of being locked during all times the owner or occupant of the premises is not present at such pool.
§ 254-56 Home occupations.
Home occupations shall be permitted in any residential dwelling in any district in the Village without the need for a special use permit, provided the following standards and provisions are maintained:
A.
Employees. No persons other than a member or members of the immediate family residing in the dwelling may be engaged in the home occupation.
B.
Area utilized for home occupation. No more than 25% of the gross floor area of the residence shall be used for conducting the home occupation.
C.
Customer and client traffic. The home occupation shall be conducted in such a manner so as to generate no customer or client pedestrian or vehicular traffic to or from the premises. The sale of merchandise, products, goods, materials supplies or services on the premises shall be prohibited.
D.
Deliveries and shipping. The home occupation shall be conducted in such a manner that there are no deliveries to and no shipments from the premises.
E.
Signage. The display of any type of signage on the premises related to the home occupation shall be prohibited.
F.
Outdoor storage. There shall be no outdoor storage or display of materials, goods, supplies or equipment related to the home occupation.
G.
Nuisances and hazards. No home occupation shall create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in a typical residential dwelling in the neighborhood in which the home occupation is located.
H.
Evidence of use and maintenance of residential character. The appearance of the dwelling shall not be altered, and the occupation within the residence shall not be conducted in a manner that would cause the premises to differ from the residential character of the dwelling or the residential neighborhood in which the home occupation is located by the use of colors, materials, construction, lighting or the emission of noises, odors or vibrations. No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the dwelling used for the home occupation shall be permitted.
I.
Home occupations exceeding thresholds. Any home occupation that exceeds the thresholds established in this section shall be deemed to be a home business, shall comply with the thresholds established for home businesses and shall require a special use permit (see §§ 254-71 and 254-72 of this chapter).
§ 254-57 Harboring of animals.
The keeping of any poultry or fowl or any horses, cattle, hogs, sheep, goats, rabbits or other fleece-bearing or fur-bearing animals or other customary farm animals on any parcel in the Village shall be prohibited except on farms or riding stables within the AR Agricultural-Residential District. The provisions of this section shall be enforced by the County Animal Control Officer.
§ 254-58 Temporary special events.
A.
Purpose and intent. The purpose and intent of this section is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this section to protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics, and the nature of the proposed use. Finally, it is the intent of this section to preserve the public health, safety and convenience.
B.
Special event defined.
(1)
The term "special event" shall mean a temporary, short-term use of land or structures, not otherwise included as a permitted or accessory use by these regulations, for one or more of the following types of activities:
(a)
Type 1. Fund-raising or noncommercial events for nonprofit religious, educational, or community service organizations, including any on-site signs and structures in conjunction with the event.
(b)
Type 2. Temporary banners attached to the wall of a building or placed across street rights-of-way.
(c)
Type 3. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district, such as signs, searchlights or balloons.
(d)
Type 4. Commercial activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as a tent sale, trade show, farmers market, Christmas tree sales, or product demonstration.
(e)
Type 5. Public events intended primarily for entertainment or amusement, such as concerts, festivals, carnivals, circuses or parades; or large private events such as film production. In addition, the temporary placement of a portable asphalt plant during construction work on any public road when such placement is not adjacent to said construction but will be placed within 1 1/4 miles of said construction.
(2)
The term "special event" shall not include amusement enterprises, garage sales at an individual residence, transient merchants, or off-site promotional signs.
C.
Special events subject to an administrative permit. Special events meeting the following standards may be issued a special event permit administratively by the Zoning Enforcement Officer. In administering the provisions of this section, the Zoning Enforcement Officer shall be guided by applicable Village policies as adopted by the Village Board of Trustees. Any applicant denied a special event permit shall be notified, in writing, of the reasons for the denial and of the opportunity to appeal the denial to the Village Board of Trustees.
(1)
Special events meeting the Type 1 definition may be permitted administratively by the Zoning Enforcement Officers, provided all of the following performance standards are met:
(a)
An application is made in accordance with Subsection E of this section.
(b)
The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.
(c)
Any structure used in conjunction with the special event shall meet all applicable yard setbacks, shall be the subject of a valid zoning permit, and shall be promptly removed upon cessation of the event.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d)
The special event shall be restricted to hours of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration of four days, and to a maximum frequency for similar events of two times per calendar year.
(2)
Special events meeting Type 2 definition may be permitted administratively by the Zoning Enforcement Officer, provided that all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with Subsection E of this section.
(b)
No more than one banner will be displayed when attached to the wall of a building.
(c)
The size and design of the banners will be appropriate given the size of the building to which they are attached and the character of the surrounding neighborhood.
(d)
The banner will be displayed for a maximum duration of 30 days per permit.
(3)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of Subsection C(1) of this section., may be permitted administratively by the Zoning Enforcement Officer, subject to the prior review and approval of special arrangements for traffic and crowd control by the Chief of Police, Fire Chief of the appropriate Fire District, and Village Superintendent of Public Works. No such administrative permit shall be issued unless all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with Subsection E of this section.
(b)
The special event will not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
(c)
The activity shall not cause the overcrowding of parking facilities given anticipated attendance and the possible reduction in the number of available spaces caused by the event itself.
(d)
The special event shall not endanger the public health, safety, or welfare given the nature of the activity, its location on the site, and its relationship to parking and access points.
(e)
The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.
(f)
Any structure used in conjunction with the special event shall meet all sight distance requirements, shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event.
(g)
The special event shall be conducted on private property where the property owner has granted the appropriate permission.
(h)
The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed 10 days.
D.
Special events subject to Village Board of Trustees approval. Any special event not meeting the criteria of Subsection C of this section may be granted a special event permit by the Village Board of Trustees. Such permit may be subject to such conditions and safeguards as the Village Board of Trustees may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(1)
Restrictions on the hours of operation, duration of the event, size of the activity, or other operational characteristic.
(2)
The posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to Village Board of Trustees expectations.
(3)
The provision of traffic control or security personnel to increase the public safety and convenience.
(4)
Obtaining liability and personal injury insurance in such form and amount as the Village Board of Trustees may find necessary to protect the safety and general welfare of the community.
E.
Application and fee.
(1)
No special event permit shall be issued until an application has been submitted to the Zoning Enforcement Officer and the appropriate fee paid. The application shall be made on forms provided by the Zoning Enforcement Officer, and shall be accompanied by the following items as applicable:
(a)
A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures, signs or attention-attracting devices used in conjunction with the event.
(b)
A sketch plan showing the location of the proposed activities, structures and signs in relation to existing buildings, parking areas, streets and property lines.
(c)
A letter from the property owner or manager, if different from the applicant, agreeing to the special event.
(2)
Each application for a special event permit shall be accompanied by an application fee, except that such fee shall be waived for any not-for-profit religious, educational or community service organization or other applicant registered with the State of New York as a nonprofit organization. The fees shall be as established and amended from time to time by a resolution enacted by the Village Board of Trustees.
(3)
The special event permit shall be posted on the site of the event for the duration of the event.
§ 254-59 Setback requirements for accessory structures in side yards.
Accessory structures located in a side yard shall meet the same front and side yard lot line setback requirements established for the principal building.
§ 254-59.1 Temporary storage containers.
[Added 1-12-2015 by Ord. No. 2-2015]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BULK SOLID WASTE CONTAINER
A container intended for construction waste material or other refuse, excluding garbage, for the purpose of removing said material from a site.
CARGO CONTAINER
A container intended for multimodal transportation via seagoing vessel; train, and truck-trailer. These containers are self-contained without axles or wheels.
CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE
A trailer, portable temporary container, or portable structure with or without axles and wheels intended to support construction activity at a site with an active building permit.
PORTABLE STORAGE CONTAINER
A self-storage container that is delivered to and retrieved from a home or business for long-term off-site or on-site-storage. Portable Storage On Demand or PODS are a familiar trade name for such containers. These containers are not on a chassis and do not have axles or wheels.
SEMITRAILER
A mobile trailer of 53 feet or less in length with a chassis, axles, and wheels that is towed by a truck or tractor.
TEMPORARY STORAGE STRUCTURES
A portable storage unit that does not have a permanent foundation or footing and which includes cargo containers, portable storage containers, truck trailers, construction traders, and bulk solid waste containers. Such structures shall not be considered a building.
B.
Temporary storage structures. Temporary storage structures are intended to provide temporary storage of household goods on residential property and business-specific goods on professional, commercial, or industrial used and/or zoned lands. Such temporary structures shall not interfere with the normal operation of the permanent use on the property and shall not be detrimental to property or improvements in the surrounding areas. There shall also be no risk of injury to persons as a result of such storage. The following conditions shall apply to all temporary storage structures:
(1)
Cargo containers shall not exceed industry standards for width and height, and shall not exceed 53 feet in length. The use of such containers shall be limited to commercial or industrial used land. Such containers shall be located to the rear or side of the principal building and set back a minimum of five feet from side and rear property lines. There shall be a maximum of two containers per site. No wide or high loads will, be allowed. The use of such containers shall be limited to no more than 60 days in any calendar year. In the event the owner of the property suffers a catastrophic loss due to fire, flood, or other physical calamity, the owner shall obtain a demolition permit and/or building permit. Such containers shall be removed within one week of the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion.
(2)
Portable storage containers shall not exceed industry standard for width, height and length, not to exceed 10 feet high by 20 feet in length in residential used land. The use of such containers shall be limited to residential, professional, or commercial used land. On commercial and professional used land, such containers shall be located to the rear or side of the principal building and setback a minimum of five feet from side and rear property lines. On residential used land, such containers shall be set back a minimum of five feet from side and rear property lines and 10 feet from front property lines. There shall be a maximum of one container per site. The use of such containers shall be limited to no more than 60 days in any calendar year. In the event the owner of the property suffers a catastrophic loss due to fire, flood, or other physical calamity, the owner shall obtain a demolition permit and/or building permit. Such containers shall be removed within one week of the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion.
(3)
Semitruck trailers shall not exceed 53 feet in length. The use of trailers shall be limited to commercial or industrial used land. No wide or high loads will be allowed.
(4)
Construction trailers/containers/portable structures may be used on residential, professional, commercial, or industrial zoned land provided there is an active building permit in place. Such structures shall be set back a minimum of five feet from side and rear, property lines and 10 feet from front property lines. Such structure shall be removed within one week of the building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion. No wide or high loads will be allowed.
(5)
Bulk solid waste containers may be used on residential, professional, commercial, or industrial used land. Such containers shall be sat back a minimum of five feet from side and rear property lines and 10 feet from front property lines. Such container used in conjunction with a demolition or building permit shall be removed prior to the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion. Bulk solid waste containers may also be used for the removal of miscellaneous waste without a demolition or building permit. In this case, the use of such containers shall be limited to no more than 45 days in any calendar year.
(6)
No temporary storage structure shall be located so as to interfere with traffic visibility.
(7)
No storage container shall encroach a sidewalk, fire lane, access easement or street right-of-way.