Penn Yan City Zoning Code
ARTICLE IX
Development Guidelines and General Provisions
§ 202-40 General.
The development guidelines and general provisions in this article are intended to apply to both permitted uses and uses requiring site plan approval. The Planning Board, in reviewing a site plan, shall take into consideration the prospective character of the development and require that improvements be designed to such standards as are consistent with reasonable protection of the public health, safety or welfare. For permitted uses, the Code Enforcement Officer shall ensure compliance with this article and any other applicable ordinances, articles or sections.
§ 202-40.1 Senior citizen housing.
[Added 9-17-2019 by L.L. No. 12-2019]
Any residential use designated as or intended as senior citizen housing must comply with all zoning district regulations of the zoning district wherein such residential use is situated, together with any other applicable local, state and/or federal laws, rules and regulations.
§ 202-41 Lots and blocks.
A.
Lot size and arrangement. The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build. In general, side lot lines shall be at right angles or radial to street lines, unless a variation from this can be shown to result in a better plan.
B.
Access. Insofar as possible, lots shall not derive access from a primary street. Access to lots adjacent to a primary street shall, in general, be from marginal access streets or other streets within the development. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure, which shall be subject to the same design criteria and review as all stormwater drainage facilities in the development.
§ 202-42 Streets, roads and sidewalks.
Street systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire-fighting, snow removal and street maintenance equipment; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic and so arranged as to separate through traffic from neighborhood traffic insofar as it is practicable.
A.
Streets and roads. All streets and roads shall be constructed in conformance with the specifications set forth in the Design and Construction Standards for Land Development of the Village of Penn Yan.
B.
Sidewalks. It is the policy of the Village of Penn Yan to encourage the building of sidewalks. Location of sidewalks generally shall be within the right-of-way of public streets and pedestrian access easements. Sidewalks shall conform to the Design and Construction Standards for Land Development of the Village of Penn Yan.
§ 202-43 Off-street parking.
A.
General requirements.
(1)
Parking shall be permitted in front yards only following site plan review as provided for in Article VIII of this chapter.
(2)
It shall be the responsibility of the owner of a property to provide the off-street parking spaces required in the listing below for any use which is erected, enlarged or structurally altered after the effective date of this chapter.
(3)
A parking space shall be a minimum of nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
(4)
No exit or entrance drive connecting a parking area and a street shall be permitted within 30 feet of the intersection of two public rights-of-way.
(5)
Where appropriate, the Zoning Board of Appeals may, upon the presentation of evidence, vary the number and circumstances of the following parking space requirements in order that the general welfare be served and the prospective uses be equitably treated.
(6)
In stadiums, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
(7)
The lighting of off-street parking lots shall not be directed into adjacent properties.
(8)
If the uses, structures or parcels for which parking is provided 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.
(9)
Off-street parking lots in residential areas shall be restricted to passenger vehicles only, and the use of the area by trucks, house trailers, buses and other motorized equipment not of a residential passenger-carrying nature shall be prohibited.
B.
Required off-street parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1)
Single-family dwelling unit: one space.
(2)
Two-family dwelling unit: two spaces.
(3)
Multifamily dwelling unit: one space per dwelling unit.
(4)
Home occupation: one space for each person or employee engaged in any home occupation.
(5)
Hospitals; nursing homes: one space for each employee on major shift, plus .25 space per bed.
(6)
Tourist home; bed-and-breakfast; rooming house: one space for each bedroom within the facility.
(7)
Motels/hotels: one space for each unit, plus one space for every four employees, plus one space per 150 square feet of net area of restaurants and assembly rooms.
(8)
Offices: a minimum of one space, plus one space for each 300 square feet of gross floor area over 1,000 square feet.
(9)
Retail establishments, veterinary hospitals, banks and related commercial establishments of a personal service nature: a minimum of one space, plus one space for each 150 square feet of gross floor area over 1,000 square feet.
(10)
Restaurants: one space for each 100 square feet of customer floor area.
(11)
Conference/convention centers; commercial recreation; private membership clubs: one space for every 150 square feet of public assembly space.
(12)
Roadside stands: one space for every 50 square feet area devoted to selling or display.
(13)
Nursery and elementary schools: one space per employee, plus two additional spaces per classroom.
(14)
High schools and colleges: five spaces for each classroom.
(15)
Churches; temples; auditoriums; theaters: one space for every four seats.
(16)
Industrial uses:
(a)
One space for each 800 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry cleaning plants.
(b)
One space for each 1,500 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use, one space for each company vehicle.
(17)
Funeral homes: a minimum of 10 spaces for each establishment, plus one space for each 150 square feet of gross floor area over 1,000 square feet.
C.
Calculation of required spaces. In the case of combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
D.
Dimensions for off-street automobile parking spaces and lots.
(1)
Every such space provided shall be at least nine feet wide and 18 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
(a)
Parallel club parking: five feet end to end with a twelve-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.
(b)
Thirty-degree parking: eleven-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(c)
Forty-five-degree parking: thirteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(d)
Sixty-degree parking: eighteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(e)
Perpendicular parking: twenty-four-foot aisle width for one-directional and two-directional flow.
(2)
For the purpose of computing the area necessary for required off-street parking, 350 square feet of unobstructed net area shall be considered one parking space, unless the Code Enforcement Officer certifies that the layout and design of the parking area are adequate to permit safe and convenient access and maneuvering despite a lesser square footage of net area.
(3)
In no event shall the size of a parking space be less than that indicated in the following table:
Parking Angle (degrees) | Stall Width (feet) | Stall to Curb Distance | Aisle Width (feet) | Curb Length per Car | |
|---|---|---|---|---|---|
0 | 9 | 9' | 12 | 23' | |
30 | 9 | 17'4" | 11 | 18' | |
40 | 9 | 19'1" | 12 | 14' | |
45 | 9 | 19'10" | 13 | 12'9" | |
50 | 9 | 20'5" | 12 | 11'9" | |
60 | 9 | 21' | 18 | 10'5" | |
70 | 9 | 21' | 19 | 9'7" | |
80 | 9 | 20'4" | 24* | 9'2" | |
90 | 9 | 19' | 24* | 9' | |
*NOTE: Two-way traffic | |||||
E.
Location of required parking spaces.
(1)
Parking is prohibited in front yards, except by approval of the Planning Board.
(2)
Residential districts:
(a)
Required automobile parking spaces shall be provided on the same lot as the residence. This space shall be graded for parking use and readily accessible from the street.
(b)
Open parking areas may encroach on any required side or rear yard to within three feet of a property line except that in existing lots with six-foot side yards and in the Residential Transition District, required parking spaces may, upon approval of the Planning Board, extend to the side and/or rear lot lines.
F.
Off-street parking waiver. Off-street parking requirements may be waived in whole or in part upon a finding by the Planning Board that:
G.
Construction of parking areas. All off-street parking areas, with the exception of those for single-family residences, shall meet the following construction standards:
H.
Landscaping. At least 10% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line and any parking lot for more than 20 cars shall be screened adequately, as set forth in § 202-60, from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 202-44 Off-street loading and unloading requirements.
In all districts, wherever a lot or structure which is to be occupied by manufacturing, commercial, business or other similar uses requires the receipt and distribution by vehicles of materials or merchandise, there shall be provided and maintained, on said lot, off-street loading berths as specified below.
§ 202-45 Loading berth requirements.
Loading berths shall be located in such a way as not to unreasonably interfere with the movement of people and vehicles on public ways and within on-site parking. The Planning Board may allow use of a public alley to satisfy loading berth requirements. Landscaping shall be as required in § 202-43H.
§ 202-46 Accessory buildings and uses.
A.
Accessory buildings. Accessory buildings not attached to principal buildings shall comply with the following:
(1)
All structures 81 square feet or more in size shall require a building permit.
(2)
They shall only be located on the same lot as the principal use stated in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(3)
They shall only be located in a rear or side yard in compliance with the following scheduling:
(c)
Where any district abuts an existing residential use and/or a residential district, any accessory building shall be located a minimum of 1/2 the distance specified in the Density Control Schedule[2] for principal structures.
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(4)
They shall be located no closer to the principal building than 12 feet or a distance equal to the height of each accessory building, whichever is greater.
B.
Accessory uses. In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal structures, shall not be located in front yards on such lots and shall be located not less than six feet from any lot line and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety.
C.
Where 50% or more of the lots in a block are occupied by buildings which have yard, coverage or setback dimensions which are different than those required under this chapter, the average yard dimensions, coverage and setbacks shall determine the requirements for any new accessory building or use within the block. Or, where no standard block exists, the word "block," as used above, shall be interpreted to mean those structures within 250 feet of either side of the lot in question, on the same side of the street. The average setback shall be based on no fewer than two similar uses.
§ 202-47 Driveway standards.
A.
Driveways shall be constructed in conformance with the specifications set forth in the Design and Construction Standards for Land Development of the Village of Penn Yan.
B.
All work and materials shall be furnished as required to meet the conditions set by the Superintendent of Public Works and County and State Highway Departments.
C.
No alteration or addition shall be made to any driveway without first securing permission from the Superintendent of Public Works.
D.
No more than two driveways to a single commercial establishment entering on one street shall be permitted.
§ 202-48 Fences and walls.
[Amended 7-16-1996 by L.L. No. 4-1996]
A.
Fences, hedges, plantings and walls are permitted as follows:
(1)
Where a driveway meets a street, a hedge, wall or planting shall not exceed 2.5 feet in height to within eight feet of the right-of-way.
(2)
At the intersection of two streets where a front yard of 30 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within a clear vision area as follows:
(a)
A triangular area formed by two intersecting street lines and a line connecting points on such street lines 30 feet distance from their point of intersection.
(3)
Fences, walls, hedges or screen plantings may be required as specified in other parts of this chapter for multifamily, commercial or industrial uses as is necessary to protect the residential quality of the adjacent property.
(4)
In any front yard, fences, walls and plantings shall not exceed four feet in height except as regulated by § 202-48A(1) or as may be required for screening.
(5)
In any rear yard or in any part of an interior side yard, a fence, wall or planting shall not exceed six feet in height except as required for screening, provided that such fence, wall or planting is located at least six feet from the walls of the primary building on the lot or adjacent lots so as to not unduly restrict light and air to either building. Fences, walls and plantings not meeting the distance separation are limited to a height of four feet.
(6)
In the Industrial District, any fence or wall located on a residential lot line or district boundary shall be limited to six feet in height at the property line or a maximum of 10 feet if located a minimum of six feet from the property line. However, at the intersection of two streets no sign fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within a clear vision area as follows:
(a)
A triangular area formed by two intersecting street lines and a line connecting points on such street lines 30 feet distance from their point of intersection.
B.
Construction materials and maintenance specifications shall be as follows:
(1)
Fences shall be constructed of wood or PVC permanent fencing material. Fences shall be constructed with the finished side facing the neighboring premises.
[Amended 10-21-1997 by L.L. No. 4-1997]
(2)
Chain link fencing material may be used with the finished side at the top of the fence.
(3)
Masonry or stone wall or fencing material may be used.
(4)
Materials such as barb wire, sheet metal, razor wire, page wire, poultry fence, livestock or cattle fence are prohibited.
(5)
Posts shall be placed close enough apart and deep enough in the ground so that a sturdy permanent fence results.
(6)
No temporary fences are allowed.
(7)
Fences and walls shall be maintained in a well-kept fashion.
C.
A building permit is required for fences and walls in all use districts.
D.
Location of lot lines is the responsibility of the landowner or contractor.
E.
Utility meters shall not be enclosed or otherwise obstructed within a radius of three feet by fences, walls or plantings.
§ 202-49 Steep slopes.
The Village of Penn Yan is characterized by areas of steep slopes. Development in areas of steep slopes shall conform to the Design and Construction Standards for Land Development of the Village of Penn Yan.
§ 202-50 Storm drainage, erosion and sediment control and environmental protection.
A.
Design. Every effort should be made to preserve unique physical features such as historic landmarks, stream banks, forested areas, natural lookouts, desirable views of Keuka Lake and other major natural features, rock outcroppings and other unique natural features of the Village environment. Storm drainage, erosion and sediment control shall conform with the Design and Construction Standards for Land Development of the Village of Penn Yan.
B.
Drainage easements. Drainage easements shall be provided for all natural and man-made drainageways which do not fall within a dedicated right-of-way. All drainage easements shall be plotted on preliminary and final plats. The Village shall be provided with a metes and bounds description of all proposed easements prior to final plan approval. These descriptions shall be used by the Code Enforcement Officer and the Attorney for the Village in creating or extending special districts.
[Amended 9-6-1993 by L.L. No. 4-1993]
§ 202-51 Open space, parks and playgrounds.
The Planning Board may, as a condition of site plan approval, require that specific areas be designated for recreational purposes. Such designation shall depend upon the magnitude and character of the project and accessibility to existing public recreational areas. All lands proposed for park or recreation purposes shall meet the following minimum standards.
A.
Such lands shall either be deeded to the Village or be held in corporate ownership and maintained by an established organization.
B.
Such lands shall have locational and physical characteristics which render them readily usable for appropriate recreation purposes, and their locations shall be selected with a view to minimizing hazards and vehicular traffic conflict for children walking between such facilities and their homes in the neighborhood.
C.
Any such area shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.
D.
A detailed development plan shall be provided for each neighborhood park or playground. As a minimum, the development plan shall provide for an approximately level area at least 2,000 square feet in size with appropriate play structures and activity areas.
E.
The development plan shall show how the entire area is to be graded, drained and landscaped to make it a useful and attractive feature of the neighborhood.
§ 202-52 Utilities.
Provision for water supply, sanitary sewer systems and electrical, telephone and other utilities shall conform to the specifications of the Design and Construction Standards for Land Development of the Village of Penn Yan.
A.
Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on the site plan submitted to the Planning Board. Utility easements shall have a minimum width of 10 feet. All utility lines which are primarily intended to provide service to the lots within a subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.
B.
Additional easements. The Planning Board shall have the right to require additional easements when the purposes of the easements are found to be in the public interest.
§ 202-53 Industrial District regulations.
Design standards shall be as follows:
A.
General standards. The following general standards are hereby adopted for the control of any industrial use:
(2)
Noise levels shall not exceed 90 dBa measured at the boundaries of the lot occupied by such use causing the same.
(3)
Discharge of effluent into any sanitary sewer system shall not occur except only in accordance with Chapter 158, Sewers, of the Code of the Village of Penn Yan.
(4)
Open storage or stacking of any hazardous waste materials shall be in accordance with the standards of the New York State Department of Environmental Conservation.
B.
Specific standards. The following specific standards are hereby adopted and must be complied with for any use in any Industrial District and before the same is permitted, established, maintained or conducted:
(1)
Storage facilities. Materials, supplies or semifinished products shall be screened wherever possible in conformance with § 202-60.
(2)
Wherever possible, provisions for handling of all freight shall either be on those sides of any building which do not face on any street or proposed streets or be suitably screened therefrom.
(3)
Buffers and landscaping:
(a)
Buffers from residential use. In addition to the fences, walls and hedges, all principal buildings shall be set back from any lot lines abutting residential use a minimum distance equal to twice the required yard depth. Such buffer shall be landscaped in accordance with § 202-60.
(b)
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain, as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises, and shall be provided in conformance with § 202-60.
§ 202-54 Solar energy systems and solar access.
To the maximum extent possible, all new development proposals totaling two acres or more of site area may be designed so that the maximum number of buildings shall receive direct sunlight sufficient for using a solar energy system for space, water or industrial process heating or cooling, in keeping with the following guidelines:
A.
Solar access shall be protected between the solar azimuths of -45° (east of due south) to +45° (west of due south).
B.
In considering dimensional modifications permitted in Article VIII, the Planning Board shall also consider solar design considerations.
C.
For purposes of solar design, streets, lots and building setbacks should be arranged so that the buildings are oriented with their long axes running from east to west for single-family development and north to south for townhouse and multifamily development.
D.
Streets should be oriented on an east/west axis to the greatest possible extent.
E.
Existing vegetation shall be retained and incorporated into the design as practicable.
F.
A description of any mechanisms, such as deed restrictions, covenants, etc., that are to be applied shall be provided.
§ 202-55 Wind energy conversion systems (windmills).
The intent of this section is to regulate the placement of and access to wind energy conversion systems for the purpose of protecting the health and safety of individuals and adjacent properties as well as the general public.
A.
Setback. The installation shall not be erected nearer to any lot line than the total height of the structure. Such "height" shall be defined as the tower height, plus 1/2 the rotor diameter on a horizontal axis installation, and, on vertical axis installations, the distance from the base of the tower to the top of the unit.
C.
Safety.
(1)
The foundations and supports for the windmill shall either be designed by a licensed professional engineer, and the drawings bear his seal and signature, or carry a manufacturer's seal and certification.
(2)
At least one sign shall be posted at the base of the tower warning of high voltage.
(3)
Tower climbing apparatus shall be no lower than 12 feet from the ground.
(4)
All installation shall be designed with braking systems.
D.
Noise. The maximum level of noise permitted to be generated by an installation shall be 90 dBa, measured at the property line.
§ 202-56 Home occupation.
[Amended 7-16-1996 by L.L. No. 4-1996]
A home occupation, as defined in this chapter, may be permitted, provided that such use is not specifically prohibited. Such use shall conform to the following standards, which shall be minimum requirements:
A.
No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is the lesser, may be used for such use.
B.
The use shall be carried on wholly within the enclosed walls of the dwelling unit or an accessory building.
C.
There shall be no external evidence of such use except for one sign not exceeding two square feet in area mounted flush with and on the front facade of the dwelling unit. No stock, merchandise, equipment or displays of any kind shall be visible outside the dwelling unit or accessory building.
D.
No external structural alterations which are not customary to a residential building shall be allowed.
E.
The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
F.
Use that involves primarily catalog sales or order processing and which does not involve volumes of stock or merchandise being distributed at the site may be deemed a home occupation, subject to the provisions hereof, provided that such use meets the intent of all standards set forth herein.
G.
Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use.
H.
The following uses and other uses similar in character shall not be considered to meet the intent of this section:
§ 202-57 Satellite television antennas.
No satellite television antenna of any kind may be erected or established in the Village except in conformance with the standards in this section and § 202-19, Use Regulation Table.
A.
B.
Satellite antenna location.
[Amended 7-16-1996 by L.L. No. 4-1996]
(1)
For any use, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot, provided that such antenna is located a minimum of five feet from any principal building and lot line measured at the outermost diameter of the antenna. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side or front yard of the property. For purposes of this chapter, a "usable satellite signal" is a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or via cable television.
(2)
In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear, side or front yard of the property, such antenna may be placed on the roof of the dwelling structure. Such permit may be issued upon a showing by the applicant that a usable satellite signal is not obtainable from any other location on the property.
C.
General provisions.
(1)
For all uses, satellite television antennas shall be located and designed to reduce visual impacts from surrounding properties at street level and from public streets.
(2)
Not more than one satellite television antenna shall be allowed on any residential lot less than 10,000 square feet in size.
(3)
All antennas and the construction and installation thereof shall conform to applicable building and electrical code regulations and requirements.
(4)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against a direct strike by lightning.
§ 202-58 Townhouse and multifamily developments.
All townhouse and multifamily development, as permitted in § 202-19 of this chapter and under Article V, Clustered Projects, of Ch. 176, Subdivision of Land, shall, in addition to the requirements set forth in said section and Article, conform to the following standards. These standards shall be regarded as minimum requirements:
A.
Townhouse and multifamily developments shall meet the following standards:
(2)
Maximum building height shall be as specified in Section § 202-22, Density Control Schedule (area and bulk schedule).
(3)
Maximum site coverage by all buildings and structures shall not be more than 50% of the lot area, such percentage to be calculated on the basis of the total project area.
(4)
Accessory buildings, including unattached garages, shall be located a minimum distance of 10 feet from any lot line and shall only be permitted in the rear or side yard.
§ 202-59 Gasoline stations; service and repair garages; automobile sales areas.
Where permitted, a gasoline station, service and repair garage and automobile sales area shall conform to the following standards which shall be regarded as minimum requirements:
A.
B.
At least one lot frontage and width shall be a minimum of 100 feet.
C.
Fuel pumps and other service devices shall be located at least 35 feet from any front lot line and 50 feet from any side and rear lot lines. This distance shall be measured from the outside edge of the fuel island.
D.
All automobile parts, including tires and dismantled vehicles, are to be stored within a building. Tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind a six-foot-high fence, wall or natural screen in conformance with § 202-60.
E.
Accessory goods for sale may be displayed on the pump island and the building island only, if provided for in a suitable stand or rack.
F.
All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection may be stored for a period not to exceed 30 days and must be stored in the rear of the premises and screened to the greatest extent possible.
G.
Parking.
(1)
No vehicle shall be parked, stored or left standing within 15 feet of the street line and/or fuel pump islands.
(2)
Parking requirements shall be in conformance with § 202-43. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning Board to accommodate tractor-trailer delivery.
(3)
Where parking areas abut a residential use, they shall be screened by a buffer area no less than 10 feet in depth, composed of densely planted plant material, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery or fences becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer may direct the property owner to replace said shrubs or fences.
H.
All storage and display areas shall be provided with a hard dust-free surface, shall be adequately drained and, if lighted, shall produce no glare on adjacent properties.
I.
A maximum of two driveways and curb cuts shall be permitted per street frontage. These shall be no less than 20 feet and no wider than 30 feet and located a minimum of 30 feet from any street intersection, and a minimum distance of 30 feet shall be maintained between such driveways and curb cuts.
J.
Parking is prohibited in front yards except as approved by the Planning Board as part of site plan review.
§ 202-60 Buffer and landscaping requirements.
A.
Intent. The objective of this section is to ensure consideration of the physical and visual elements of land use development in the Village of Penn Yan which require or may be improved by buffering, setbacks and landscaping in order to enhance the appearance, to screen or effectively separate different land uses and to minimize impacts on adjoining uses such as dirt, litter, noise, glare and incompatible buildings or uses (such as outdoor storage, loading and parking areas). The Planning Board may require that a professional licensed landscape architect prepare plans under this section.
B.
Buffer and landscaping techniques. The particular type of buffer and landscaping treatment shall be as determined by the Planning Board to meet the intent of this section. The following types of treatment may be considered:
(1)
Landscaping and other screening, including tree planting, use of berms and planting of shrubs, designed to separate, obscure or soften an incompatible view or use.
(2)
Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.
(3)
Physical separation, including setbacks from public streets or adjacent uses, in combination with plant materials or features designed to separate land use types or activities.
C.
Requirements.
(1)
Planting specifications. The following planting specifications indicate guidelines for each buffer and landscape technique. The requirements are stated in terms of the width of the proposed planted yard and the number of plant units required per 100 linear feet of yard. The requirements may be satisfied by any of the options described. The type and quantity of plant materials required by each yard and each yard option are specified in this section.
(2)
Minimum plant size. Unless otherwise specifically stated elsewhere in this chapter, all plant materials shall meet the following minimum size standards:
Plant Material Type | Planting in Abutting Vacant Lands | All Other Plantings | ||
|---|---|---|---|---|
Canopy tree | ||||
Single stem | 1 1/2-inch caliper | 2 1/2-inch caliper | ||
Multistem Clump | 6 feet (height) | 10 feet (height) | ||
Understory tree | 4 feet (height) | 1 1/2-inch caliper | ||
Evergreen tree | 3 feet (height) | 5 feet (height) | ||
Shrub | ||||
Deciduous | 15 inches (height) | 24 inches (height) | ||
Evergreen | 12 inches (height) | 18 inches (height) | ||
(3)
Plant material substitutions. The following plant material substitutions shall satisfy the requirements of this section:
(4)
All disturbed soil area of the site shall be replaced or reseeded in an appropriate fashion.
(5)
No landscape feature shall be erected, placed or maintained in such a manner as to interfere with clear vision and/or the safe movement of vehicular traffic.
§ 202-61 Fast-food restaurants.
Where permitted, fast-food restaurants meeting the definition of this chapter shall conform to the following standards, which shall be regarded as minimum requirements:
A.
Minimum lot size shall be 10,000 square feet.
B.
At least one lot frontage shall be a minimum of 100 feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be permitted on each street frontage.
(2)
All drives shall be no less than 20 and no wider than 30 feet in width.
(3)
Drives shall be located a minimum of 30 feet from any street intersection and shall maintain a minimum of 30 feet between such driveways or curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian access to the building from the parking lots and sidewalk abutting the property.
§ 202-62 Drive-in use regulations.
Where permitted either as accessory to other permitted uses or as a principal use, these facilities, as defined in this chapter, shall conform to the following standards, which shall be regarded as minimum requirements.
A.
All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.
B.
To the extent possible, lanes shall not cross any principal pedestrian access to the building or site.
C.
Stacking or queuing requirements.
(2)
Banks and other businesses not using order station: a minimum of 100 feet from start of lane to service window.
(3)
Multiple drive-through lanes. The Planning Board may allow reductions for businesses with multiple drive-through lanes based on review of proposed traffic circulation and usage.
(4)
All uses shall maintain a minimum distance of 20 feet from the service window to the public right-of-way or interior parking aisles.
§ 202-63 Commercial parking lots and structures.
All commercial parking lots and structures, as permitted in § 202-19, Use Regulation Table, shall conform to the following standards, which shall be regarded as minimum requirements:
A.
Any parking garage facade fronting on a primary street shall achieve architectural unity/compatibility with the surrounding structures that it is intended to serve.
B.
A minimum of 8% of the lot area shall be devoted to landscaping, which shall be provided in conformance with § 202-60.
C.
Adjacent sidewalks shall be rebuilt as necessary and shall be designed to promote pedestrian safety.
D.
Ingress and egress shall be designed to promote the orderly flow of traffic to and from Village streets. Directional signs shall be used as necessary to ensure this flow.
§ 202-64 Signs.
[Amended 9-6-1996 by L.L. No. 4-1993; 7-16-1996 by L.L. No. 4-1996; 12-13-2005 by L.L. No. 7-2005; 8-18-2009 by L.L. No. 6-2009]
A.
Statement of purpose and intent.
(1)
The Board of Trustees finds that the historical character and attractive buildings in the Village of Penn Yan have a substantial positive impact on the property values, business climate, land use and general welfare of the Village's residents and property owners and visitors. Signs have a substantial effect on the historical character, building use, appearance and property value, which may be positive or detrimental. It is, therefore, the intent of this chapter to promote and protect property values, create a more attractive business climate, enhance and protect the physical appearance of the community, provide a more enjoyable and pleasing community and encourage the most appropriate use of the real property in the Village.
(2)
The purpose of these regulations is to promote signs which are:
(a)
Compatible with surroundings, meaning that every sign shall be considered as an integral architectural element of the building and site to which it principally relates.
(b)
Orderly, readable and safe.
(c)
Harmonious in terms of color, materials and lighting with the building to which it relates.
(d)
Informative to the public but unobtrusive to vehicular and pedestrian traffic.
B.
Permit required. Except as otherwise provided in this chapter, no sign shall be erected or altered until a permit has been issued by the Code Enforcement Officer.
C.
General regulations. The regulations contained in this section shall apply to signs in every use district, overlay district and the Historic Preservation District of the Village of Penn Yan.
(1)
No sign shall be located where it will impede or interfere in any way with a traffic control device, traffic visibility or pedestrian visibility. Specifically signs are prohibited between the elevations of three feet and seven feet above the street level within the triangular area formed by two intersecting street center lines and a line connecting points on such street center lines 60 feet distant from their point of intersection. No sign shall be erected within the right of way lines of any street, except temporary banners for festivals or special events permitted with the approval of the Village Board of Trustees pursuant to Chapter 48, Banners, of the Code of the Village of Penn Yan, which must be installed so as to not create any safety hazard to pedestrian or vehicular traffic.
(2)
No sign shall be erected or maintained upon the roof of any building. No sign attached to a building wall shall extend above the actual height of said wall.
(3)
No sign shall be illuminated by or use flashing, intermittent, changing, rotating or moving lighting as a part thereof. No illuminated sign or lighting device shall be so directed as to cause a glare or deflection hazard upon a street, highway, sidewalk or adjacent premises.
(4)
No mobile, portable or temporary sign shall be placed on the face of any building or upon any premises except for a sign intended to be used for a period of not more than 30 days and which is not permanently mounted. All temporary signs shall conform to Subsection K of this section.
(5)
No promotional or advertising device or merchandise shall contain or consist of banners, balloons, posters, pennants, ribbons, streamers, spinners or other moving devices. None of these devices shall be used to attract attention to a sign, merchandise or other means of advertising.
(6)
No sound amplifiers, public address systems or other sound devices shall be used as a means of advertising or to attract attention to a sign or business.
(7)
No vehicle or trailer shall be parked or placed on any property for the purpose of advertising unless it conforms with the provisions of this Code.
D.
Signs not requiring permits. Signs not requiring permits are as follows:
(1)
Signs as may be required or erected by the Village, town, county, state and or federal governments.
(2)
Residential signs consisting of one nameplate or identification sign not larger than 60 square inches in area and indicating only the name and address of the occupant. Such sign may be attached to a building or may be on a separate support not more than four feet in height and shall be at least five feet from any property line or street line.
(3)
Name and/or address signs affixed to mailboxes not more than 32 square inches in area on each side.
(5)
Political campaign signs.
E.
Signs regulations applicable in all use districts. In all use districts, signs requiring a permit shall be subject to the following:
(1)
Signs customarily used to identify places of worship, cemeteries, public schools, libraries, museums, societies, social clubs and similar nonprofit type uses shall not exceed 10% of the total face of one side of the building, and in no event shall said sign total more than 36 square feet in area or exceed 10 feet on the longest dimension of the sign.
(2)
Signs identifying multiple-family dwelling projects of more than five units or subdivision developments shall not exceed 20 square feet in area. Such signs shall either be attached to the first floor facade of the involved structure or be erected as a ground sign and not exceed six feet above grade level and not be located nearer than 10 feet to a public street or highway right of way or any property line.
(3)
Signs used to identify commercial activities must be located upon the premises to which the sign refers.
F.
Signs in the Village Center (VC) and Residential Transition (RT) Districts. Business and advertising signs are permitted and shall only advertise the name of the owner/occupant, street address, trademarks or trade names integral to the primary business, products sold and/or the businesses or activity conducted on the premises where such sign is located and may be erected as provided herein.
(1)
Commercial structures may utilize either of the following applicable options for signage:
(a)
Any structure having a single tenant or activity: one sign not exceeding 10% of one side of the building, but in no event more 36 square feet in area and not exceeding 10 feet in its longest dimension.
(b)
Any structure having one main entrance serving more than one tenant or use: one sign for each tenant or use, all such signs to be located in a group, the area of which shall not exceed 10% of one side of the building, but in no event more than 36 square feet in area and not exceeding 10 feet in its longest dimension.
(c)
Any structure with more than one main entrance, with each separate entrance serving different tenant(s) or use(s): one sign for each tenant or use served by the entrance, placed at the entrance, the total area of all signs at such entrance not exceeding 10% of the side of the building upon which the entrance is located, but in no event more than 36 square feet in area, and not exceeding 10 feet in its longest dimension.
(2)
In lieu of the signs permitted in Subsection F(1), one of the following described signs may be erected:
(b)
For a structure having a walkway roofed over with a permanent rigid canopy constructed of durable material or permanent roof serving more than one tenant, one sign:
[1]
Not exceeding 10 square feet in area;
[2]
Providing a minimum clearance of 7 1/2 feet between the walkway and the bottom of the sign, suspended from the underside of the canopy, perpendicular to the front of the business, at each entrance serving a different tenant or use;
[3]
Not more than four feet in length or 2 1/2 feet in height; and also
[4]
One sign on the front edge of the canopy, roof fascia or on a facade directly above the canopy or roof facing the parking area, no more than 12 square feet in area and 10 feet in length; or
(c)
A projecting sign erected perpendicular to the face of a building, provided that:
[1]
No such sign, or any part of the supporting structure thereof, shall project more than six feet from the face of the building;
[2]
No such sign shall exceed three feet in height;
[3]
No such sign shall provide less than eight feet in clearance between grade level and the lowest structure point of the sign and any part of the support thereof protruding more than three inches from the face of the building.
[4]
No such sign shall exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection F(1) and (2), the following signs are permitted:
G.
Signs in the General Commercial (GC), Planned Business (PB) and Industrial (I) Districts. Business and advertising signs are permitted, but shall contain only the name of the owner, street address, trademarks, logo or trade names integral to the primary business, products sold and/or the businesses or activity conducted on the premises upon which such sign is located.
(1)
Building signs. One of the following signs may be erected:
(b)
For a structure having one main entrance serving more than one tenant or use: one sign for each tenant or use, all such signs to be located in a group, the area of which shall not exceed 10% of the total above the grade of one side of the building, not more than 36 square feet in area and not more than 10 feet in its greatest dimension.
(c)
For a structure with more than one main entrance when each serves at least one tenant or use: one sign for each tenant or use, the total area of signs not exceeding 10% of one side of the building, not more than 36 square feet in area and not more than 10 feet in its largest dimension.
(2)
In lieu of the sign permitted in Subsection G(1) hereof, one of the following described signs may be erected:
(a)
One ground or freestanding sign per premises, not exceeding 50 square feet in area nor extending more than six feet above grade level or located nearer than five feet to a public street or right-of-way and no closer than 10 feet to a common side or rear lot line; or
(b)
One freestanding pole sign, not exceeding 100 square feet in area not extending more than 25 feet above grade level, a minimum ground clearance of seven feet; no closer than three feet to the right of way or front property line and no closer to any side or rear lot line than five feet; or
(c)
For a structure having a walkway covered by a permanent rigid canopy constructed of durable material or permanent roof serving more than one tenant, one sign not exceeding 10 square feet in area and providing a minimum clearance of 7 1/2 feet between the walkway and the bottom of the sign, suspended from the underside of the canopy at each entrance serving a different tenant or use no more than four feet in length or 2 1/2 feet in height, and one sign on the front edge of the canopy or roof fascia or on a facade directly above the canopy or roof facing the parking area, no more than 12 square feet in area and 10 feet in length; or
(d)
A projecting sign perpendicularly affixed to the face of a building.
[1]
No portion of the supporting structure of such sign shall project more than six feet from the face of the building.
[2]
No portion of the sign shall exceed three feet in height.
[3]
Such sign shall provide at least eight feet in clearance between grade level and the lowest portion of the sign and/or its supporting structure.
[4]
Such sign shall not exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection G(1) and (2), the following signs are allowed:
H.
Signs in the Waterfront Development and Conservation Districts (WDC). Business and advertising signs are permitted but shall contain only the name of the owner, street address, trademarks or trade names integral to the primary business, products sold and/or the businesses or activity conducted on the premises upon which the sign is located.
(1)
Building signs. One of the following signs may be erected:
(a)
For a structure having a single tenant or activity, regardless of the number of entrances: one sign; not exceeding 10% of one side of the building; not more than 36 square feet in area; not more than 10 feet in its largest dimension.
(b)
For a structure having one main entrance serving more than one tenant or use: one sign for each tenant or use; all such signs to be located in a group; the area of which shall not exceed 10% of one side of the building, not more than 36 square feet in area; and no more than 10 feet in its greatest dimension.
(c)
A structure with more than one main entrance when each serves at least one tenant or use: one sign for each tenant or use, the total area of signs shall not exceeding 10% of one side of the building; not more than 36 square feet in area; and not more than 10 feet in its greatest dimension.
(2)
In lieu of the signs permitted in Subsection H(1) hereof, one of the following described signs may be erected:
(a)
One ground or freestanding sign per premises, not exceeding 50 square feet in area; not extending more than six feet above grade level; not located nearer than 10 feet to a public street, right of way or any side or rear lot line; or
(b)
For a structure having a walkway covered by a permanent rigid canopy constructed of durable material or permanent roof: one sign not exceeding 10 square feet in area; a minimum clearance of seven feet between the walkway and the bottom of the sign, suspended from the underside of the canopy at each entrance serving a different tenant or use; not more than four feet in length and 1/2 feet in height; or
(c)
A projecting sign perpendicularly affixed to the face of a building.
[1]
No portion of the supporting structure, of such sign shall project more than six feet from the face of the building.
[2]
No portion of the sign shall exceed three feet in height.
[3]
Such sign shall provide at least eight feet in clearance between grade level and the lowest portion of the sign and/or its supporting structure.
[4]
No such sign shall not exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection H(1) and (2), the following signs are permitted:
I.
Multiple use parcels in the General Commercial (GC), Planned Business (PB), Industrial (I) and Waterfront Development and Conservation (WDC) Districts. Signage situate on any single lot on which more than one principal building, use or activity is proposed or exists such as, but not limited to, shopping centers, plazas, office parks or complexes, industrial parks or other multiple-commercial-use facilities shall comply with the following standards.
(1)
One project identification sign which identifies the name of the shopping center, plaza, office complex, industrial park or facility as a whole and does not identify any individual business or activity may be erected as either:
(2)
One tenant identification sign for each individual business or use that has a separate exterior entrance:
(a)
Not exceeding 10% of the side of the building upon which the sign is mounted;
(b)
Not more than 20 square feet in area;
(c)
Not more than 10 feet in its greatest dimension;
(d)
Each such tenant sign shall be uniform in design and style, to the extent possible; and
(e)
Each such tenant sign located in a similar position with respect to architectural features; and
(f)
Any tenant having a second public entrance on more than one public way may have a second sign located next to that entrance, not to exceed six square feet in area.
(3)
Ground signs for individual occupants are prohibited.
(4)
Buildings or structures having multiple uses sharing one exterior entrance may have one building directory sign, no larger than 36 square feet in area, mounted on the building.
(6)
In addition, one entrance directory sign may be erected next to each public building entrance serving more than one tenant, other than the main entrance. The size of the entrance directory sign shall not exceed one square foot in area per tenant.
J.
Temporary signs. Any sign of a temporary nature, not permanently erected or mounted, such as political campaign signs or posters, banners (not including banners permitted according to Chapter 48 of the Code of the Village of Penn Yan), promotional devices, commercial vehicles or trailers and other signs of a similar nature advertising or calling attention to coming events, civic activities, promotional sales, commercial businesses or services or similar events may be displayed without obtaining a permit. Such signs must be erected as a ground sign or affixed to the first story of a building and shall comply with all general regulations as stated in Subsection C hereof as well as comply with and the following:
(1)
No such sign shall be attached to a fence, tree, traffic control sign, light pole, utility pole, or support posts or poles, nor shall they be placed in a location that will obstruct or impair vision, traffic flow or in any manner create a hazard or nuisance to the health, welfare and/or safety of the general public.
(2)
All such signs must be approved by the owner of the property upon which the sign is placed.
(3)
Promotional signs. Signs promoting an event, promotional sale, civic activity or similar event shall not exceed three feet in height or be any wider than 18 inches and comply with the following:
(a)
Sidewalk signs, otherwise known as "sandwich boards" or "A-frame" signs, shall be located within 12 inches of the building and shall in no way impede any exit of the building or pedestrian traffic. Sidewalk signs shall be removed each night when the business is closed. No more than one sidewalk sign may be placed outside a business at any one time. Sidewalk displays by merchants are allowed by permit pursuant to §§ 174-17, 174-18 and 174-19 of the Code of the Village of Penn Yan.
(b)
Temporary signs not meeting the size requirements and advertising a single civic, school or nonprofit organization event are allowed if the sign is erected no more than 15 days before the event and removed from the premises within 24 hours after the conclusion of the event.
(c)
Such sign must contain the date(s) of the event promoted. All temporary signs may be erected no more than 15 days before the event and must be removed within 24 hours after the advertised event has concluded.
(d)
Where such signs are to be fixed to the interior of a window, said signs shall not exceed one sign per single window area and shall not exceed 50% of the surface area of the single window area.
(e)
No temporary sign shall be in place for a period in excess of 30 days.
(4)
Real estate signs. Signs advertising the sale, lease or rental of the property on which they are placed shall comply with the following:
(a)
One temporary sign for the sale, lease or rental of the premises upon which the sign is located may be placed as follows:
[1]
In residential districts (R-1, R-2, PR and RT) and in the Village Center (VC), such signs shall not exceed six square feet in area, four feet in height, and may be placed in a first floor window, attached to the wall of the first floor of the building or a ground sign not less than five feet from any right of way line or property line.
[2]
In the General Commercial (GC) and Waterfront Development and Conservation (WDC) Districts, such signs shall not exceed 16 square feet in area with a maximum six feet in height. Such signs may be attached to the first floor of the building or placed as a ground sign not less than 15 feet from any right of way line or property line.
[3]
In the Planned Business (PB) and Industrial (I) Districts such signs shall not exceed 20 square feet in area, eight feet in height and may be attached to the first floor of the building or a ground sign not less than 20 feet from any right of way line or property line.
(b)
In addition to the sign allowed in Subsection J(4)(a) hereof, signs stating "Open House" or "Open For Inspection" may be placed as follows:
[1]
One sign, not to exceed six square feet in area with a maximum of four feet in height, may be attached to the first floor of the building or placed as a ground sign not less than five feet from any right of way line or property line, on the property five days prior to the event. Such sign shall be removed at the end of the day of the event.
[2]
One ground sign may be placed at the nearest primary street intersection to the premises being offered for sale. The size of the sign shall not exceed three square feet in area and two feet in any dimension; the sign may be in place only during the hours of the open house. All such signs must be removed daily at the end of the event.
(c)
Signs advertising the sale, lease or rental of the property shall be removed from the property no more than 15 days after the transfer of title, in the case of a sale, or the property is leased or rented. Removal of such signs shall be the responsibility of the company, agent or owner who placed such signs.
(5)
Auction signs.
(a)
One temporary sign for the auction of property or goods may be placed on the premises at which the auction is to be held. Such sign shall comply with the following:
[1]
In residential districts (R-1, R-2, PR and RT) and in the Village Center (VC), such signs shall not exceed six square feet in area, with a maximum of four feet in height, and may be placed in a first floor window, attached to the wall of the first floor of the building or placed as a ground sign not less than five feet from any right of way line or property line.
[2]
In the General Commercial (GC) and Waterfront Development and Conservation (WDC) Districts, such signs shall not exceed 16 square feet in area, with a maximum of six feet in height and may be attached to the first floor of the building or placed as a ground sign not less than 15 feet from any right of way line or property line.
[3]
In the Planned Business (PB) and Industrial (I) Districts such signs shall not exceed 20 square feet in area with a maximum of eight feet in height and such signs may be attached to the first floor of the building or placed as a ground sign not less than 15 feet from any right of way line or property line.
(b)
In addition to the sign allowed in Subsection J(5)(a), hereof, one ground sign may be placed at the nearest primary street intersection to the premises at which the auction is intended to occur, the size of which shall not to exceed three square feet in area with a maximum of two feet in any dimension, during the hours of the auction only. All such signs must be removed daily at the end of the event.
(c)
Signs advertising auctions shall be removed from the property no more than 15 days after the conclusion of the auction. Removal of such signs shall be the responsibility of the auction company, agent or owner who placed such signs.
(6)
Yard sale signs. Signs advertising a single noncommercial sale of used merchandise conducted by a resident of the Village of Penn Yan at the residence of the person holding the event shall comply with the following:
(a)
A sign advertising the dates and times of the sale may be placed on the residential property upon which the sale is to occur. Such signs may be placed no more than 15 days prior to the commencement of such sale and shall be removed no more than 24 hours after the end of the sale. Such signs shall be no larger than six square feet in size, be not greater than 42 inches above ground level and placed not less than three feet from any right of way line and not less than five feet from any property line.
(b)
An off-premises A-frame sign or ground sign may be placed at each of the two intersections nearest to the property. Such signs shall be no larger than 18 inches in width, no greater than three feet in height and may only be in place on the actual sale dates.
(7)
Construction signs. Such signs may be placed on properties which have a valid building permit for work being conducted on the property upon which the sign is placed. All such signs shall be removed upon expiration of permits or completion of work, whichever shall occur first. All such signs comply with the following:
(a)
Residential premises in Zoning Districts R-1, R-2, PR and residential construction in Zoning Districts RT and VC:
[1]
One sign per contractor, each not to exceed four square feet in area with a maximum of three feet in height may be not less than five feet from any property line or public right of way line.
[2]
Signs required by state or federal sponsoring agencies not to exceed 16 square feet for the total of all such signs, six feet in height above the ground and placed five feet from the property line and public right of way line.
(b)
Commercial and industrial construction. In Zoning Districts GC, PB, I, WDC and commercial premises in Zoning Districts RT and VC:
[1]
A sign may be placed on a temporary trailer or structure which is located on the premises for purposes incidental to construction work. The sign may identify the contractor or construction firm utilizing such temporary trailer or structure. Any such sign shall not exceed 20 square feet and the sign shall not protrude beyond the walls or above the roof of such temporary trailer or structure.
[2]
One ground or wall "site development sign," for the purpose of identifying the developer of the premises upon which the sign is placed.
[a]
In the VC and RT Zoning Districts, such sign shall not exceed 20 square feet in area with a maximum of eight feet in height, placed on the exterior of the building or, if a ground sign, not less than five feet from any right of way line or property line.
[b]
In the GC and WDC Zoning Districts, such a sign shall not exceed 32 square feet in area with a maximum of 10 feet in height placed on the face of the building or, if a ground sign, not less than five feet from any right of way line or property line.
[c]
In the I and PB Zoning Districts such a sign shall not exceed 64 square feet in area with a maximum of 12 feet in height placed on the face of the building or, if a ground sign, not less than 15 feet from any right of way line or property line.
[3]
Signs required by state or federal sponsoring agencies shall be placed not less than 10 feet from any right of way or property line.
(8)
Political campaign signs are exempt from these regulations except with respect to those regulations which enhance public safety.
K.
Application for permits.
(1)
An application for a sign permit as required by this chapter shall be made in writing to the Code Enforcement Office and shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
If the applicant is not the owner, written consent of the owner of the building, structure or property to which or on which the sign is to be erected, including the owner's name, address and telephone number.
(c)
The location of the building, structure or land to which or upon which the sign is to be erected.
(d)
Detailed drawings of the proposed sign, including but not limited to the following information:
[1]
Lettering and/or pictorial matter composing the sign.
[2]
Color of the sign.
[3]
Elevation of the side of the building to which the sign is to be attached, if the sign is to be attached, with the dimensions thereof, in the event that the sign is to be attached to a building.
[4]
Description of the material of which the sign is intended to be constructed.
[5]
Construction and mounting details, including footer size and design, stamped by a registered design professional in the event New York State Building Code compliance is required.
[6]
Type, location and intensity of any lighting devices.
[7]
A location plan showing the position of the sign on any building, structure or land and its position relative to all adjacent structures, property lines and any private or public street or highway.
(e)
Such other information as required by the Code Enforcement Office to ensure compliance with this code and all applicable building codes.
(2)
The application fee, as established by the Board of Trustees, shall be paid upon application for a sign permit.
(3)
Proof of liability insurance naming the Village of Penn Yan as an insured, in an amount established from time to time by resolution or motion of the Board of Trustees of the Village of Penn Yan, shall be submitted with the application of a permit for a sign, any portion of which includes support structures, overhangs any public property owned, controlled or maintained by the Village of Penn Yan.
L.
Issuance of permit, variances, period of validity, fees.
(1)
Upon receipt of a complete application for a sign permit, the code Enforcement Officer shall examine said application and all data submitted therewith to ensure compliance with the requirements of this chapter, the criteria contained herein and with other regulations of the Village as may be applicable. The Code Enforcement Officer shall approve or disapprove said application within 10 days of receipt of all required documentation and data, and shall notify the applicant either with the issuance of the permit or a letter of denial explaining the reasons for denial and advising the applicant of his or her right to appeal the decision to the Zoning Board of Appeals.
(2)
A party aggrieved by the determination of the Code Enforcement Officer with respect to an application for a sign permit may, within 30 days of the decision by the Code Enforcement Officer, appeal said decision to the Zoning Board of Appeals. After a hearing, at which the aggrieved party may present his application and any other pertinent information and/or documentation, the Board may approve, approve with modifications or deny the application and shall have the authority to direct the issuance of a sign permit upon such conditions as may be appropriate.
(3)
A permit issued pursuant to this section for the erection or alteration of a sign shall be valid for a period of three months from the date of issuance. In the event that the proposed sign is not erected or altered pursuant to such permit within said time, that permit shall become null and void.
(4)
A permit may be extended once for an additional three months, upon written request of the applicant, with explanation of the reasons for the request, approval of the Code Enforcement Office and payment of the prescribed fee required for an extension of the permit.
(5)
Upon completion of installation of the approved sign the applicant shall, within 10 business days of such completion, notify the Code Enforcement Office of completion. The Code Enforcement Office shall then conduct an inspection to verify compliance of the sign.
(6)
In the event that the sign is not in compliance, the Code Enforcement Officer shall notify the applicant, by certified mail, of the deficiencies and the applicant shall have 30 days to correct the cited deficiencies and notify the Code Enforcement Office of the remedial action.
(7)
Upon determination of the Code Enforcement Officer that the sign is in full compliance, the applicant shall, within 30 days of notification of approval of the sign, submit a color photograph of the sign, as installed, to the Code Enforcement Office.
M.
Nonconforming signs. All signs which have been legally erected and are in existence as of the effective date of this chapter which do not conform to this new chapter shall be known as "preexisting nonconforming signs." Such preexisting nonconforming signs need not comply with the provisions of this chapter except as follows:
(1)
A change in the size, content or location of a preexisting nonconforming sign displayed by a particular commercial establishment, office or institution shall terminate the status of that preexisting nonconforming sign.
(2)
A change in the type of use in the premises for which the preexisting nonconforming sign(s) has been maintained shall terminate each sign's protected status as a preexisting nonconforming sign.
(3)
In the event that the use of a preexisting nonconforming sign is abandoned for a period of six months, its status as a preexisting nonconforming sign shall terminate.
(4)
All preexisting nonconforming signs shall be maintained pursuant to Subsection O hereof or its status as a preexisting nonconforming sign shall terminate.
(5)
A change in the ownership of a preexisting nonconforming sign alone shall not terminate its status. The owner or legal possessor of a preexisting nonconforming sign shall have the right to repair it or restore it, but only to its original condition and/or content. Such repairs and/or restoration shall not terminate its status, except as herein provided.
N.
Construal of provisions; effect on prior acts. The provisions of this section shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability or penalty, forfeiture or punishment incurred prior to the time this chapter takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such chapter had not been enacted.
O.
Maintenance. All signs erected and maintained within the limits of the Village of Penn Yan shall be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring and deficient support structures, and at all time shall be maintained in a safe condition so as not to be detrimental to the public health or safety.
(1)
Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Dilapidated signs shall be removed by the owner upon order by the Code Enforcement Officer.
(2)
No sign shall be altered in any way subsequent to approval of plans thereof.
(3)
No sign shall be maintained which advertises a business or activity which no longer exists on the property where said sign is located. Said sign shall be removed by the owner upon order of the Code Enforcement Officer.
P.
Notice of noncompliance; revocation of permits; costs. In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer shall give written notice to the occupant, the owner of the affected property and the permit holder, which notice shall specify the violations complained of and the remedial action required to remove the same. In addition, said notice shall advise of the contents of this section and the right to appeal an administrative decision to the Zoning Board of Appeals. In the event that the violations are not corrected within 30 days of the service of a written notice as aforesaid, the Code Enforcement Officer shall revoke the permit issued for such sign, shall have order that such sign be removed.
§ 202-65 Historic District.
[Amended 9-6-1993 by L.L. No. 4-1993; 8-18-2009 by L.L. No. 6-2009]
Within the boundaries of the Historic District as designated by the Board of Trustees and the Village of Penn Yan and the Historic Preservation Commission of the Village of Penn Yan, any land use activity shall be subject to the provisions of Chapter 110, Preservation of Historic Areas, of the Code of the Village of Penn Yan, and prior to the issuance of any building or use permit authorized or requested by this chapter, a certificate of appropriateness shall have first been issued pursuant to § 110-5 of the Historical Preservation Chapter of the Code.
§ 202-65.1 Outdoor furnaces.
[Added 11-18-2008 by L.L. No. 5-2008]
A.
No person shall install or allow to be uninstalled, nor allow or maintain the use of an outdoor furnace upon property which he or she owns within the Village without first having obtained a permit from the Code Enforcement Officer.
B.
Any outdoor furnace intended to be installed shall be laboratory tested to appropriate safety standards such as UL (Underwriters Laboratories), (CAN/CSA (Canada National Standard/Canadian Standards Association), or ANSI (American National Standards Institute) standards or other appropriate safety standards and certified or listed as approved or meeting such standards.
C.
Permitted fuel. With respect to outdoor woodburning furnaces, only firewood, untreated lumber or other appropriate fuels are permitted to be burned therein. Burning of inappropriate materials is prohibited, such as, but not limited to, rubbish; garbage; paint; furniture; composite shingles; construction debris; waste oil; products containing asphalt; treated, painted or stained wood; railroad ties; utility poles; plywood; rubber, including tires; corrugated cardboard; paper products; plastics; synthetic fabrics; foam; container board.
D.
Smokestack/chimney. Any outdoor furnace shall have a smoke stack or chimney which:
(1)
Is double stainless steel wall insulated by metalbestos or similar product; and
(2)
Extends a minimum of 17 feet above ground level of the outdoor furnace; and
(3)
Extends at least two feet above the peak of any building on the subject or neighboring property immediately adjacent or directly opposite the property on which the outdoor furnace is located and which building is situate within 150 feet of the outdoor furnace; and
(4)
Is stabilized and secured by a suitable device or mechanism approved by the Code Enforcement Officer.
E.
Setbacks.
(1)
Any outdoor furnace shall be situate in the rear of the principal structure on the lot.
(2)
Any outdoor furnace and/or chimney shall not be located within 100 feet of any residence not served by said outdoor furnace.
(3)
Any outdoor furnace and/or chimney serving such outdoor furnace shall be at least 75 feet from any property line and 12 feet from the principal structure on the lot.