Pulaski City Zoning Code
ARTICLE V
Supplementary Regulations
§ 160-45 Site plan and approval.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
The Planning Board, at a regular public meeting of the Board, shall review and approve, or approve with modifications, all permitted uses listed as requiring site plan approval before a zoning permit is issued.
B.
Where appropriate the Zoning Enforcement Officer will forward a General Municipal Law § 239-1m referral and review form to the County Planning Board. The Zoning Enforcement Officer will verify the site plan application is complete and then it will be presented by the applicant or his or her agent, to the Planning Board at a regular meeting for its review. Name change or a change of owner does not require a new site plan approval, if there is no change in the business and it is a like or similar business or uses.
C.
A sketch plan conference shall be held between the Village staff and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of their proposal prior to the preparation of a detailed site plan and for the Planning Board to review and provide preliminary feedback on the basic site plan design concept, advise the applicant as to the community planning and development goals, concerns, and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and the dimensions of principal and accessory structures, parking areas, contours, utility easements, traffic circulations, storm drainage system, and other planned features.
(2)
An area map showing the parcel under consideration for site plan review, and the adjacent properties, streets or rights-of way.
§ 160-46 Submission of site plan and supporting data.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
A.
An application for a site plan will include names of contractors and other pertinent data and shall be accompanied by three sets of preliminary plans. The plans shall include a scaled drawing, preferably by an architect or surveyor, setting out the location of structures, driveways, parking lots and other permanent fixtures. Any proposed structural changes should also be set forth on the plans so indicated. The plans should also set forth the specific use to which the premises shall be applied. The plans shall include the following information:
(1)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, pavement surfaces, dividers and traffic controls.
(3)
Traffic circulation, parking and loading spaces, and pedestrian walks and/or sidewalks.
(4)
Landscaping plans, including sited grading, landscape design and open areas.
(5)
Preliminary architectural drawings for buildings being constructed, including exterior dimensions of proposed building.
(6)
Preliminary engineering plans, including street improvements, storm drainage system, public utility extensions, water supply and sanitary sewer facilities.
(7)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
(8)
Construction sequel and time schedule for completion of each phase for building, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours of operation, number of employees, expected volume of business, and type and volume of traffic expected to be generated.
(10)
A completed short or full environmental assessment form as required by the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR Part 617.
(11)
Scale, North arrow and date.
B.
The Planning Board shall have the power to waive any of the requirements of the section only with just cause.
C.
At least 10 days before a public hearing to be held on a site plan application, the Planning Board shall mail notices thereof to the County Planning Board as required by §§ 239-l and 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the proposed action as defined in Subdivision 1 of §§ 239-1 and 239-m of the General Municipal Law. In the event a public hearing is required, such proposed action shall be referred before final action is taken.
D.
Prior to rendering a decision on a site plan application, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act pursuant to Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR Part 617.
E.
The application is submitted to the Code Officer. After the appropriate fee is paid, a 239 will be sent to all agencies of interest.
§ 160-47 Guidelines for site plan approval.
[Amended 8-9-2021 by L.L. No. 4-2021]
A.
The Planning Board shall review the site plan and supporting data before approval or approval with stated conditions is given, and take into consideration the following, as per local, county, and state requirements:
(1)
Location, arrangement, size, design and general site compatibility of buildings, light and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants
(9)
Special attention to the adequacy and impact structures, roadways and landscaping in area with susceptibility to ponding, flooding and/or erosion.
(10)
Cumulative impact upon the area.
(11)
Noise pollution.
B.
Should changes or additional facilities be required by the Planning Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the owner to the changes or addition.
C.
Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
§ 160-48 Responsibility of costs.
[Amended 8-9-2021 by L.L. No. 4-2021]
Cost incurred by the Planning Board for consultation fees, including but not limited to attorney and engineering fees or other extraordinary expenses in connection with the review of a proposed site plan, shall be charged to the applicant. In addition, the cost of any hearing or hearing shall be charged to the applicant.
§ 160-49 Performance bond or other security.
[Amended 8-9-2021 by L.L. No. 4-2021]
As an alternative to the installation of required infrastructure and improvements, prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same as estimated by the Planning Board or a Village department designated by the Planning Board to make such an estimate, where such departmental estimate is deemed acceptable b the Planning Board, shall be furnished to the Village by the owner. Such security shall be provided to the Village pursuant to the provisions of Subdivision 9 of § 7-730 of New York Village Law.
§ 160-50 Planning Board decisions.
[Amended 8-9-2021 by L.L. No. 4-2021]
Within 62 days of the close of the public hearing, the Planning Board shall render a decision. In its decision, the Planning Board may approve, approve with modifications or disapprove the site plan. The time period in which the Planning Board must enter its decision can be extended by mutual consent of the applicant and the Planning Board.
A.
Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Village Clerk within five days after the decision is rendered with a copy to the Zoning Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copied written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Village Clerk within five days after the decision is rendered, with a copy to the Zoning Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall be filed with the Village Clerk within five days after the decision is rendered and a copy thereof shall be mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reason for disapproval.
§ 160-51 Off-street parking space requirements.
[Amended 8-9-2021 by L.L. No. 4-2021]
For every building hereafter erected, altered or changed in use, there shall be provided off-street parking spaces at least as set forth below. A required driveway shall be at least 20 feet clear in width, except for one- and two-family dwellings, which must be at least 10 feet clear in width. Except for one- and two-family dwellings, all off-street parking spaces are to be arranged so that all backing movements take place within the parking area and not in a public street.
A.
Residential uses.
(1)
One- and two-family dwellings and conversions: two parking spaces for every dwelling unit.
(2)
Multiple-family dwellings: two parking spaces for every dwelling unit.
(3)
Professional residence-office: three parking spaces, plus one additional parking space for every 200 square feet of office area.
(4)
A garage may be considered a parking place as determined by the Code Enforcement Officer.
B.
Hotel, motel, tourist home, boardinghouse: four parking spaces, plus one for every guest room.
C.
Dormitory, fraternity, sorority, nursing home, hospital: three parking spaces, plus one space for every two beds.
D.
Places of public assembly: one parking space for every four seats; or one parking space for every 100 square feet of floor area.
E.
Business, professional and medical offices: three parking spaces, plus one space for every 200 square feet of office area.
F.
Commercial and business; in groups of over 20,000 square feet of business floor area (excepting commercial marina, boat launch, fisherman's access, automobile or trailer sales area): one parking space for every 100 square feet of business floor area.
G.
Commercial and business; individual establishments on separate lots (excepting commercial marina, boat launch, fisherman's access, automobile or trailer sales): one parking space for every motor vehicle used directly in the business, plus one parking space for every 200 square feet of business area.
H.
Restaurant, eating and drinking establishments; one parking space for every four seats or one parking space for every 100 square feet of floor area.
I.
Industrial, wholesale, warehouse, storage, freight and trucking uses: one parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board.
J.
Unspecified uses; commercial marina, boat launch, fisherman's access, automobile or trailer sales area: as required by the Planning Board based upon use intensity, turnover, customers, employees and vehicles used, including recreational parking space.
§ 160-52 Off-street loading space requirements.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
Every building occupied for the purpose of business or industry shall provide adequate space for loading and unloading of vehicles off the street. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property.
§ 160-53 Off-street parking and loading space requirements.
§ 160-54 Parking in front yards.
[Amended 4-12-2004 by L.L. No. 2004; 8-9-2021 by L.L. No. 4-2021]
No vehicles will be parked in the front yard of a lot of record except on demarcated driveways which may consist of gravel, concrete, blacktop, tarvia, crushed stone or other similar materials. No persons shall allow a car to be parked in the front yard unless it is on said driveway and in no circumstance shall said vehicle be parked in the public areas, which will include the public right-of-way from the center of the road, including the curb, sidewalk and area in between the curb and sidewalk. In residential areas, no more than 50% of the front yard may be used for a driveway.
§ 160-55 Minimum road frontage in residential areas.
[Amended 8-9-2021 by L.L. No. 4-2021]
Each lot of record in residential areas shall have a minimum road frontage of 50 feet. This condition may be modified by the Planning Board with site plan approval.
§ 160-56 Landscaping requirements and acoustical barriers.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
Where any land use in nonresidential districts abuts land in any residential district, a buffer area of at least 15 feet in width shall be maintained by the owner of nonresidential property as a landscape area, in side and rear yards which adjoin those other districts.
B.
Where any permitted nonresidential land use, multiple-family development, mobile home park or campsite in the residential district abuts any land use in a residential district, a buffer area at least 15 feet in width shall be maintained as a landscape area in front side and rear yards which adjoin these uses.
C.
In a commercial district, each use shall have a buffer area at least 15 feet in width in any required front yard and at least five feet in width in any required rear and side yards which shall be maintained as a landscaped area. Planting in such buffer areas shall be such that vision in the ingress and egress drive is not obstructed.
D.
Landscaping shall be installed and maintained in a healthy growing condition in front, side and rear yards, and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
E.
Selection and installation of landscaping. The selection of landscape plant materials and installation standards shall be in conformance with current American Association of Nurserymen standards.
F.
General size requirements.
(1)
Street trees. All tress planted adjacent to streets or in street right(s)-of-way shall be located in accordance with roadway standards. Street trees are to be saved an average distance of 35 feet on center or as specified in adopted design standards for specific zoning districts. Deciduous street trees shall have minimum caliper of two inches measured six inches above ground level and have a clear trunk for at least six feet above grade. Evergreen street trees shall be a minimum of 10 feet in height and planted well outside any required sight area triangle, spaced a maximum of 30 feet on center.
(2)
Other trees. Deciduous or broad leaf evergreen trees shall have a minimum caliper of 1 1/2 inches measured six inches above ground level. Evergreen trees shall be a minimum of six feet in height. All trees shall be set back a minimum of three feet from the face of any curb, sidewalk, building or other structure.
(3)
Shrubs. Shrubs shall be selected to provide variety in height and texture, enhance the architectural design, and attractively screen views of parked vehicles and noncompatible site land uses. Installed shrubs shall have a minimum height of 21 inches. Depending on variety and intended use, other shrub stock sizes may be allowed or required.
(4)
Ground cover. Living ground cover, other than grass, shall be installed so that it meets the coverage requirement of the applicable landscaping type. Spacing shall be sufficient to achieve 75% ground coverage in a three-year period as designed by a certified landscape specialist, or according to the following standard:
G.
Lawn grasses and low-impact development native seed. Coverage shall be proved with either seed or sod. Seed must germinate and demonstrate 100% coverage, or coverage in accordance with native seed manufacturers specifications, prior to final acceptance of such landscaped areas.
§ 160-57 Performance standards.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
All uses shall meet New York State air and water pollution standards.
§ 160-58 Uses not permitted in zoning districts.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
A.
In all districts the following uses are not permitted: machinery wrecking yards and unenclosed manufacturing or processing of goods and materials.
B.
Junk, junkyards and outdoor storage. No junk, as defined by this chapter, shall be located so as to be visible from public roads or neighboring residential dwellings. In all districts, the following uses are also not permitted: junkyards; outdoor storage of junk; dumps; and manufacturing processes of fuels or explosives. The storage of toxic waste, along with any and all radioactive material, is also strictly prohibited.
C.
No swimming pool in the front yard, except wading pools that have less than 24 inches of depth.
D.
No outdoor boilers.
E.
No commercial solar in R1 or R2 Districts.
F.
Farm animals are not allowed.
G.
Repurposed visible yard items and storage units prohibited in all districts.
§ 160-58.1 Mobile home park and campsite area permits.
A.
No person shall construct or operate a mobile home park or campsite area without first obtaining approval from the appropriate issuing board after site plan review.
§ 160-59 Campsite area standards.
The following regulations shall apply to campsite areas:
A.
Regulations set forth in Chapter 1 of the State Sanitary Code dealing with temporary residence travel vehicle parks and campsites shall be complied with.
B.
Campsite areas shall be at least three acres in area and shall provide individual sites, access driveways and parking.
C.
All access driveways shall be at least 15 feet wide.
D.
No campsite or service building shall be closer to a public street right-of-way than 50 feet or closer to a property line than 30 feet.
E.
A buffer area at least 25 feet in width shall be maintained as a landscaped area abutting all trailer park, travel trailer park or campsite area property lines.
F.
The following regulations shall apply only to campsite areas and shall not be required for areas specifically designated to be used by trailers or travel trailers:
(1)
The minimum area for each campsite shall be 1,500 square feet. However, the Zoning Board of Appeals or Planning Board, whichever is the ultimate permit-issuing board, may require additional minimum area for campsites which are intended to be provided for use by a single occupant or group of occupants for a period in excess of three consecutive days.
(2)
One toilet shall be provided for each sex for every 10 campsites and shall be located no more than 300 feet from any site served.
(3)
An adequate supply of potable water shall be provided within 250 feet of each campsite. Where spigots and sewer hookups are provided at each site, a minimum volume of 100 gallons of water per site per day, at a minimum pressure of 20 pounds per square inch, shall be provided.
G.
At least one travel trailer sanitary dumping station shall be supplied for every 100 campsites, or portion thereof, unless this requirement is waived, in writing, by the Planning Board or Zoning Board of Appeals, whichever is the issuing authority for the requested permit.
§ 160-60 Conditions for installation of mobile homes.
A.
No mobile home may be installed or used for living purposes that is over the age of five years unless the following terms and conditions are met:
(1)
All conditions of the mobile home construction and safety standards of the United States Department of Housing and Urban Development and the New York State Uniform Fire Prevention and Building Code are complied with.
(2)
The mobile home has a structurally sound, nonleaking roof, no broken windows, at least two operable smoke detectors installed, all floors are free from defects and are structurally sound, and all doors are serviceable and undamaged so they latch shut.
(3)
All damage to the exterior (e.g. cuts, dents, holes, and rust) shall be repaired or replaced prior to installation.
(4)
Skirting must be placed around the mobile home within 30 days from installation and must be compatible in appearance and must be structurally sound.
(5)
Any additional structure or addition added to or in close proximity of the mobile home must be compatible in appearance and must be structurally sound.
B.
Prior to installation of a mobile home, a certificate of compliance with this section must be obtained from the Zoning Enforcement Officer. The Zoning Enforcement Officer shall not grant such certificate until all terms of this section have been complied with.
C.
The Village Board may contract with any qualified individual for the purpose of hiring such individual to inspect the mobile home to ensure compliance with this section, and may reimburse the inspector for his services in an amount no greater than $50. The applicant shall be required to pay a nonrefundable inspection fee as established by the Village Board, said sum to be paid in addition to any other fees required in this chapter. The inspector shall be responsible to notify the Zoning Enforcement Officer of the results of his inspection in writing within 15 days of the completion of the inspection. If the Village Board contracts with an individual and said individual, in his report, indicates that the home is presently not in compliance with this section, the owner of the mobile home may make such repairs in order to bring the mobile home into compliance; but no compliance certificate may be granted until the Zoning Enforcement Officer or another individual reinspects the mobile home. In such a case, the applicant shall be required to pay an additional nonrefundable inspection fee as established by the Village Board.
[Amended 4-12-2004 by L.L. No. 1-2004]
§ 160-61 Conditions for amusement center.
[Amended 4-12-1999 by L.L. No. 1-1999]
In Business B-1, Business B-2 and Industrial Districts, amusement centers shall be a specially permitted use with consideration to be given concerning operation during school hours.
§ 160-62 Standards for commercial marina.
The following regulations shall apply to a commercial marina in any district:
A.
A design of the marina shall have site plan approval by the Planning Board.
B.
Adequate access, maneuvering space and off-street parking shall be provided for cars and boat trailers. Parking spaces for cars with trailers attached shall be at least 10 feet by 40 feet.
C.
The parking area shall be paved or provided with a surface treatment which shall prevent blowing dust.
D.
One toilet for each sex shall be provided for each 50 boats or fraction thereof renting space in the marina. Such toilet shall be attached to a sewage disposal system approved by the appropriate New York State authority.
E.
Any marina having 100 or more slips available for rent shall provide an approved sewage pumpout unit and holding tank unless this provision is waived by the Planning Board.
F.
An adequate supply of potable water shall be available within 250 feet from each boat slip.
G.
Heavy-duty trash receptacles with lids to keep out animals shall be provided within 100 feet from each boat slip and near any fish cleaning and food sales areas.
H.
Retail sales shall be limited to fuel, bait, tackle marina equipment and prepackaged foods. No maintenance and repair facility and no restaurant, dining area or food preparation area will be permitted.
I.
Fuel storage and firesafety equipment shall be provided in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
J.
Any area used for winter storage shall be maintained in good condition and shall not be used for abandoned, damaged, or derelict boats or vehicles.
§ 160-63 Standards for boat launch or fisherman's access area.
The following regulations shall apply to a boat launch or fisherman's access area in any district:
A.
A site plan for such facility shall be approved by the Planning Board.
B.
Adequate access, maneuvering space and off-street parking shall be provided. Parking space for cars with boats attached shall be at least 10 feet by 40 feet.
C.
Any ramp used for launching boats and trailers shall be provided with the hard surface and shall have the maximum slope of 13%, to be used for temporary, short-term docking.
D.
One toilet for each sex shall be provided for each 50 parking spaces or part thereof at a facility having a boat launching ramp. Such toilet, if not an approved, portable, self-contained unit shall be attached to a sewage disposal system approved by the appropriate New York State authority.
F.
Retail sales shall be limited to bait.
§ 160-64 Conditions for garage sales.
[Amended 4-12-1999 by L.L. No. 1-1999]
Garage sales shall be a permitted use in each and every zone located in the Village of Pulaski under the following terms and conditions: Said garage sales shall be operated for a period not in excess of three days at a time and shall not occur more than twice in any calendar year. In order to operate a garage sale for a period in excess of three consecutive days or more often than two times in one calendar year, it shall be necessary to obtain a special permit prior to beginning operation of said garage sale.
§ 160-65 Standards for kennels.
[Amended 8-9-2021 by L.L. No. 4-2021]
The following regulations shall apply to kennels in all districts where permitted:
A.
Such facilities shall be designed to accommodate small animals or mammals exclusively, such as dogs and cats.
B.
Outdoor runs shall be located at least 25 feet from adjacent property lines and shall be screened by appropriate planting of trees and shrubs. The Planning Board has the right to increase the distance from neighboring properties.
§ 160-66 Signs.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 9-11-2006 by L.L. No. 1-2006; 8-10-2020 by L.L. No. 2-2020]
A.
Statement of purpose.
(1)
The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is intended to protect 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)
This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of their signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B. ABANDONED SIGNS ANIMATED SIGN ATTENTION-GETTING SIGNS FOR COMMERCIAL ENTERPRISES BACK-TO-BACK SIGNS BALLOON SIGN FOR COMMERCIAL ENTERPRISES BANNER BILLBOARD SIGNS(1) (2) BUSINESS SIGN CANOPY SIGN CHANGEABLE COPY SIGN DIGITAL SIGN DIRECTIONAL SIGN DOUBLE-FACED SIGN FEATHER BANNER FLAG OR CLOTH SIGN FLASHING SIGN FLAT SIGN FREESTANDING SIGN GOVERNMENT SIGN ILLUMINATED SIGN, EXTERNAL ILLUMINATED SIGN, INTERNAL INGRESS/EGRESS SIGN LED SIGN MARKETING/AD SIGN MARQUE SIGN MOVING MESSAGE BOARD MULTIFACED OR SIDED SIGNS NONCONFORMING SIGN OFF-PREMISES SIGN PENNANT SIGNS PORTABLE SIGNS PROJECT SIGN PROJECTING SIGNS REAL ESTATE SIGN ROOF SIGN (FLAT SIGN) SIDEWALK OR SANDWICH SIGNS SIGN SIGN AREA(1) (2) (3) SIGN DIRECTORY SNIPE SIGN SPECIAL EVENT SIGN TEMPORARY PROFESSIONAL SERVICE SIGN/PROJECT SIGN TEMPORARY SPECIAL ACTIVITY SIGNS FOR NONPROFIT OR COMMUNITY EVENT TIME AND TEMPERATURE SIGN VEHICLE SIGN (STATIONARY) WINDOW SIGN YARD OR GARAGE SALE SIGNS YARD SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
A permitted sign which was erected on property in conjunction with a particular use, which use has been discontinued for a period of 12 consecutive months or for a total of 24 months in a three-year period or a permitted temporary sign for which the permit has expired.
A sign using new technologies and/or digital technology that may or may not move, that advertises a business, service or items.
Signs or devices that attract attention to the business and advertise said business, which may include but not limited to flags/streamers, balloons, streamers, banners, multisided signs, etc.
A sign constructed on a single set of supports with messages visible on any side, provided that double message boards are physically contiguous. These signs are not portable. It is counted as one sign. (See "sign" for more information.)
An inflated sign that reaches an intended size by the addition of air normally provided by a blower. The blower may be powered by electricity, gasoline engine and/or battery.
A sign normally made of flexible fabric or paper that is temporary (up to eight weeks) in nature, advertising a business, service, future event or sending a message.
A sign which directs attention to a business, industry, profession, service, commodity or entertainment conducted, sold or offered elsewhere then upon the same lot as the sign.
Any freestanding commercial sign located on a plot or parcel, or projecting above a structure, other than where the advertised business is conducted; also known as an "off-premises or nonaccessory billboard."
A sign which directs attention to a business, industry, profession, service, commodity or entertainment sold or offered upon the same lot upon which it is displayed, including "for sale" or "rent" signs.
A sign which is suspended from, attached to, supported from or forms a part of a canopy.
A sign on which message copy is changed manually or digitally, in the field or remotely, through the utilization of attachable letters, number, symbols and other similar characters or changeable pictorial panels. A change no more than once every 30 seconds. (See "illuminated sign.")
See "illuminated sign, external or internal."
A sign listing only the names and/or use or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center.
A sign with two faces which are parallel.
Normally a tall, thin sign resembling a feather that is made of fabric or cloth normally mounted on a metal pole, these signs are meant to move in the wind.
Usually a rectangular piece of fabric of distinctive design that is used as a symbol, signaling device or decoration.
Any lighted or electrical sign which emits light and sudden transitory bursts.
A sign erected parallel to and extending not more than 12 inches from the facade of any building to which it is attached and supported through its entire length by the facade of the building and not extending above the building.
A sign supported by a sign structure secured in the ground and which is wholly independent of any building, fence, vehicle or other support.
Signs concerning governmental entities and are exempt from signage review.
Any sign which is directly lighted by an external source no more than once every 30 seconds or can be constant. This excludes any flashing lights. Examples are LED, digital and advanced technology that involves illumination of a sign. [See illuminated standards, Subsection F(4).]
Any sign that transmits light through its face or any part thereof. [See illuminated standards, Subsection F(4).]
A sign which designates only the direction of ingress or egress of a parking area or driveway, such as "in," "out," "one-way," "do not enter," or "no exit." They are exempt from the total signage requirements, but these signs would be no larger than six square feet.
(See "illuminated signs internal or external.")
Any sign marketing services or products of a specific nature that can be found within a business of a general purpose.
A sign that projects normally at an angle that is most generally part of the architecture (such as a theater) and is lit and often has moving or flashing lights. This includes but is not limited to curved LED screens, plasma screens and newer technology.
Any electrical sign having a continuous message flow across its face by utilization of lights or other electrical impulses forming various words or designs, such as but not limited to time and temperature sign, including but not limited to LED or plasma signage, using electronics or LED lighting that may flash or live stream with natural or animated images.
Signs of triple-faced or multisided signs advertising product or services, for the purpose of square footage each side measure should be taken into account. All sides counted towards allowed areas.
Any sign which has a valid permit, or was erected or displayed, prior to the effective date of this chapter or subsequent amendment thereto and does not conform with any provisions of this chapter.
Any sign located or proposed to be located at any place other than within the same platted parcel of land on which the specific business or activity being promoted on such sign is itself located or conducted. For purposes of this chapter, easement and other appurtenances shall be considered to be outside such platted parcel of land and any signs located or proposed to be located in an easement or other appurtenances shall be considered an off-premises sign. Signs identifying public service, religious or civic organizations not to exceed four square feet as approved by the Planning Board are exceptions to this definition.
A triangular flag that may or may not have a school emblem, often strung together to form a continuous line.
Any sign which is not permanently affixed to a building, structure or the ground.
Any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor or materials vendor upon which property such individual is furnishing labor, services or material with signs being removed no later than 30 days after project completion.
A sign that projects out from a structure advertising a business or service.
Temporary sign erected by the owner, or his agent, advertising the real property upon which the signs located for rent, for lease or for sale.
A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.
A sign that is normally temporary in nature and normally a sandwich board design that would be placed on a sidewalk or in front of a building temporarily. This also includes signs that are carried.
Any structure or part thereof or device attached thereto, or painted or represented thereon, which shall display or include any letter, work, model, banner, pennant, insignia, device or representation used as, or which is in the nature of, an announcement or advertisement or direction.
The area of a sign is measured by the following criteria:
When such sign is on a plaque or framed or outlined, all of the area of such plaque with the area enclosed by such frame or outline shall be included.
When such sign consists only of letters, designs or fixtures engraved, painted, projected or in any manner affixed on a wall structure, the total area of such sign shall be deemed the area of the smallest triangle, rectangle, polygon or circle within which all of the matter of which sign consists may be inscribed.
For double-faced signs, the area for only one side shall be used to determine the area.
A wall sign or freestanding sign that gives location of offices, businesses, etc.
A sign which is tacked, nailed, posted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, or pushed into the ground and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.
Sign which carries a message regarding a special event or function which is of general interest to the community.
A normally smaller sign erected or placed before, during or after a service is conducted or provided to a site such as black topping, insect spraying, lawn treatments, contracting, etc.
A sign of short time duration such as, but not limited to, barbecue, book sale, plant sale, farmers market, festival or blood drive sponsored by a nonprofit or recognized community group and needs to be reviewed by the Code Officer. It is expected such signs are to be removed at the conclusion of the event and not longer than eight weeks in duration.
An electrical sign utilizing lights going on and off periodically to display the current time and/or temperature in the community.
A permanent or temporary sign affixed, painted on or placed in (such as in the bed of a truck) or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the area on the premises where it is located, unloaded or otherwise carries out its principal function which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in any manner which is customary for such vehicle. Employees' work vehicles, provided by their employers, necessary to their occupation are excluded.
Any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or at a location within 15 feet of the interior of a building glass area including doors, whose identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information, can be read from off-premises contiguous property or public.
A temporary sign normally in a residential area advertising an item or items for sale and placed temporarily in place.
A sign in a residential yard advertising a product or service or an event.
D.
Procedures for obtaining a sign permit.
(1)
A permit required. It shall be unlawful for any person to erect, alter, paint with a new message, redesign, relocate and reconstruct an existing sign by making a structural change or a change in the message or cause to be erected, altered, painted, painted with a new message, redesigned, relocated and reconstructed within the corporate limits of the Village any sign or signs without first having obtained and paid for (if required) a sign permit.
(2)
The following two operations shall not be considered creating a new sign and, therefore, shall not require a sign permit.
(a)
Replacing copy. The changing of the advertising or message on an approved sign which is specifically designed for the use of a replaceable copy.
(b)
Maintenance. Painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in the message.
(3)
Application for a sign permit shall be made on a form provided by the Building Code Officer, Village office or located on the Village website. Each application shall include:
(a)
The name, address and telephone number of the applicant and owner of the property, if different then applicant.
(b)
The name, address, telephone number and insurance coverage for the sign maker and/or installer.
(c)
The location of the building upon which the sign is to be erected.
(d)
Color photos of the building upon which the sign is to be erected and immediate adjacent building(s).
(e)
Size of the sign or signs.
(f)
A description of the construction details of the sign, showing the lettering and/or pictorial matter composing the sign and a description of the position of lighting or other extraneous devices.
(g)
Sketches drawn to scale and supporting information indicating location of sign colors, size and types of lettering or other graphic representation, logos, and materials to be used, electrical or other mechanical equipment, details of it's attachment and hanging. Samples (if appropriate) of materials should accompany the application, where required by the Code Officer, where such sign or signs is or are to be erected and how they will be maintained. In addition, such sign application shall be accompanied by a fee as established in the Building Code.
(h)
Such other pertinent information as the Code Officer may require to ensure compliance with this section.
(i)
Application is signed and dated by the applicant and/or property owner that the information is correct and the project will be completed as indicated in said application.
(4)
Following formal submission to the Code Officer, said Officer shall immediately refer all completed applications for sign or signs to the Planning Board on matters for consistency with the design guidelines and requirements outlined herein. The Planning Board shall render an opinion to approve, disapprove or approve with conditions.
(5)
In those cases where an applicant does not wish to implement the design conditions of the sign permit, the matter shall be referred to the Zoning Board of Appeals for an advisory opinion. In such cases, the Zoning Board of Appeals shall recommend approval or disapproval of such sign application within 30 business days from the date of referral.
(7)
Issuance of sign construction permit will be issued upon successful completion and approval of application and a signed agreement by the applicant and/or owner and by either the Code Officer, the Planning Board, and/or Zoning Board of Appeals.
E.
Construction and design standards.
(1)
Design guidelines.
(a)
Signs should be designed to be compatible with their surroundings and should be appropriate to the architectural character of the buildings on which they are located.
(b)
Sign panels and graphics should relate with architectural features or details and should be in proportion to them.
(c)
Signs should be appropriate to the types of activities they represent.
(d)
Layout should be orderly and graphics concise.
(e)
No more than two typefaces should be used on any one sign or group of signs indicating one message.
(f)
The number of colors used should be the minimum consistent with the design.
(h)
Groups of related signs or multiple signs located on the same premises should express uniformity and create a sense of harmonious appearance. There may be additional requirements for signs in the Historic District.
(2)
Computation of sign area.
(a)
The area of a sign shall be computed from the algebraic sum of the actual sign configuration, be it a square, rectangle, circle, oval or other polygon shape. The area shall be measured from the outer dimensions of the frame, trim or molding by which the sign is enclosed, when they exist, or from the outer edge of the signboard where they do not exist.
(b)
When a sign consists of two faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area.
(c)
The volume of a representational sign shall be computed as the volume of the smallest rectangular box which encompasses the mass of the three-dimensional sign or characterization.
(3)
Standards for wall signs.
(a)
All wall signs shall be located on the building front or face wall, except as permitted by this chapter.
(b)
No wall sign shall extend beyond the outer edge of any wall or the building to which it is attached.
(c)
No wall sign shall extend above the eaves of the building to which it is attached.
(d)
A wall sign shall be parallel to the wall to which it is attached and shall not project more than 12 inches therefrom.
(e)
Illumination of wall signs shall be in accordance with this chapter. No more than two illuminated signs in a lot of record in the B-2 District. One illuminated sign in all other business or industrial zones.
(f)
If a building has more than one facade, the allowed signage may be divided among the facades visible from the street, with a maximum use of the two facades. An alley shall be considered a street.
(g)
In Business Zone B-1 and/or the Historic District (not in a residential zone) and/or industrial zone: a fixed projecting sign, and a flat sign and/or one freestanding sign with a total area up to 100 square feet. In the B-2 District, the same as above but no more than up to 200 square feet. Allowable area of wall signage shall be calculated as 20% of the total area of the facade on which it is affixed (as long as it is within the allowable square footage). The total area of the facade shall be calculated by multiplying the width by the height and shall include all windows and doors.
(h)
A sign directory is a wall sign. For buildings with multiple tenants, having storefronts only, the facade rented by the tenant shall be considered the wall area for a sign.
(i)
The following signs are permitted without a zoning permit;
[1]
One "for rent" and/or "for sale" sign not exceeding six square feet in residential areas R-1, R-2 or R-3, and two of said signs not exceeding 12 square feet in other areas, B-1, B-2 or industrial.
[2]
Directional or informational signs not exceeding six square feet.
[3]
Signs necessary for public safety or welfare.
(j)
The following signs are allowed with a zoning permit;
[1]
One home professional office or home occupation sign not exceeding four square feet, not to be illuminated in residential districts.
[2]
In B-1, historic districts, and/or industrial zones, one fixed projecting sign, flat sign and/or one freestanding sign with a total area of no more than 100 square feet, not to exceed a total of two signs. Projecting signs no larger than a total of six square feet. One illuminated sign is permitted.
[3]
In B-2 District no more than two flat, fixed and/or projecting signs not to exceed 200 square feet and not to exceed a total of three signs. No more than two illuminated signs.
[4]
Signs identifying a construction project, including the specialists concerned, not exceeding 12 square feet for a house and 16 square feet for other buildings. These signs need to be removed one month after completion of the project.
(k)
Standards for freestanding signs.
[1]
No freestanding sign shall be within five feet of any street line, or 10 feet of any other lot line. (Requirements for scenic New York State byways.)
[2]
There shall be no more than one freestanding sign on a lot of record.
[3]
No sign in any district may extend in height more than 25 feet from a ground level base to uppermost extremity, including projecting signs.
F.
Specific provisions.
(1)
Existing signs. All signs not in compliance with any provision of this chapter on the effective date specified herein shall be deemed nonconforming.
(a)
A nonconforming sign shall be removed or brought into conformity with the requirements of this chapter upon a change in use.
(b)
A nonconforming sign related to an existing use shall be removed or made conforming prior to the issuance of any subsequent sign permit for such use, ownership and/or business by the owner or agent.
(c)
Applications for sign approval and sign permit for the replacement of an existing nonconforming sign to a legal conforming sign which is submitted before two years from the effective date of this chapter shall be exempt from all applicable fees required by this chapter but not from any subsequent fees.
(d)
Repair of existing signs does not constitute changing a sign.
(2)
Prohibited signs. All of the type of signs in Subsection F(2)(a) below are allowed on a temporary basis only (no longer than eight weeks) with no permit, for special events or seasonal activities in R-1, R-2 or R-3 Zones. In B-1, B-2 or industrial zones a permit is needed for temporary use.
(a)
Attention-getting devices such as banners, pennants, valances, flags (except governmental flags), streamers, searchlights, string or Reston lights, flashing lights (except the signs which alternate temperature and time messages, and those permitted in nonresidential districts), projecting lights, balloons and similar devices designed for purposes of attracting attention, promotion or advertising would be allowed on a temporary basis for special events or seasonal activities.
(b)
The following are not permitted:
[1]
Roof signs.
[2]
Any sign which could be mistaken for or confused with a traffic control sign, signal or device.
[3]
Signs permanently painted, posted or otherwise attached to any rock, fence, vehicle or stationary vehicle (except typical commercial vehicle markings) or utility pole.
[4]
Billboards.
[5]
Spotlights, feather banners and "waving/in-motion" tube figures.
[6]
All signs not expressly permitted by this chapter (with the exception of political signs).
[7]
No signs allowed on Village-owned property. Exceptions may be made by the Village Board of Trustees.
(3)
Real estate signs.
(a)
Real estate "for sale" signs, (commercial or by owner) and signs of a similar nature on the premises for sale or lease and not exceeding six square feet in surface area in a residential district or 12 square feet, not to exceed two per premises and shall be removed one week after final sales or lease transaction. Any larger signs would need a zoning permit.
(b)
"Open house" signs on private property for sale or lease can only be displayed between the hours of 8:00 a.m. and 8:00 p.m. on any day. Said signs cannot be larger in size than five square feet and must be located not nearer than five feet to any property line. Said signs must be removed at the end of each day they are displayed.
(c)
"Open house" signs on private property other than property for sale, in all residential districts, for every open house, will be permitted a maximum of two signs on private property other than the property for sale or lease directing to or advertising the open house from 8:00 a.m. to 8:00 p.m.
(4)
Illuminated and flashing signs.
(a)
Signs, including programmable, digital, electronic signs similar to but to limited to present-day LED screens, may be illuminated by a steady shielded light, provided that such lighting does not illuminate adjacent property, except that no illuminated sign shall be allowed in residential districts for any type of use. Illuminated 911 address number signs are exempt.
(b)
Flashing, oscillating, and revolving signs are not permitted unless necessary for public safety or welfare.
(c)
Only one illuminated sign shall be allowed on a lot of record in a B-1 District and two illuminated signs in a B-2 District.
(d)
Hold time shall be no less than 12 seconds.
(e)
Any change of message shall be completed immediately without pauses and all parts of the message shall change simultaneously.
(f)
Digital signs should be clear and easy to read, without excessive text, colors, graphics or other features that reduce their legibility.
(g)
Digital signs shall utilize automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light.
(h)
All digital signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.
(i)
No more than 10% of the total square footage of allowable signage may be devoted to digital signage, with one digital sign per property.
(j)
The Code Enforcement Officer shall have the authority to require changes to any digital sign, that, in the opinion of the Code Enforcement Officer, is malfunctioning or operated in a manner that causes or creates excessive glare or intensity of light, visual inference or blind spots. Such changes may include, but are not limited to, requiring that the digital sign be turned off, dimmed, fitted with a shield to deflect light, or such other changes as may be required to eliminate the condition.
(5)
Sign maintenance.
(a)
Any sign temporary or seasonal must be removed one week after the event and/or season.
(b)
Unsafe temporary or permanent signs or unsightly, damaged, deteriorated signs or signs in danger of falling shall be put in order or removed upon written notice. Immediate compliance is expected for the repair or removal of unsafe signs.
(c)
Closure or relocation of a business will include removal of signage and/or supporting structure by property owners within three months of the last day of business. If the signage is not removed in allotted time, it will be removed by the Village or their agent at owner's expense. That expense may be added to tax bill if not paid.
G.
Enforcement and remedies.
(1)
Application process.
(a)
The provisions of this chapter shall be administered and enforced by the Code Officer who shall have the power to make necessary inspections.
(b)
No sign permit shall be approved by the Code Official except in compliance with the provisions of this chapter or as directed by the Planning Board, the Zoning Board of Appeals, or the Village Board of Trustees.
(c)
The Code Officer shall reject any sign applications which he deems not to be in conformance with the purpose of this chapter.
(2)
Appeal of sign decisions.
(a)
Decisions may be appealed to the Zoning Board of Appeals, which will interpret the provisions of this chapter and may sustain the Code Officer's application of the Code or may grant such relief as may be warranted under the terms of this chapter.
(b)
Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law.
§ 160-67 through § 160-72. (Reserved) [1]
[1]
Editor's Note: Former §§ 160-67, Signs in Industrial Districts, as amended; 160-68, Freestanding signs, as amended; 160-69, Traffic hazard, safety and obstruction, as amended; 160-70, Illuminated and flashing signs; and 160-72, Nonconforming signs, were repealed 8-10-2020 by L.L. No. 2-2020. Former § 160-71, Signs by special permit, was repealed 9-11-2006 by L.L. No. 1-2006.
§ 160-73 Installation of satellite receiving antenna.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
A satellite receiving antenna greater than 24 inches will not be allowed in a front yard or in a side yard adjacent to or in front of the principal building or structure in any district. Any demonstration or model satellite receiving antenna associated with a lawful commercial business is excluded.
B.
No satellite receiving antenna greater than 24 inches shall be erected within six feet of a rear or side yard property line.
§ 160-74 Fences.
[Amended 8-9-2021 by L.L. No. 4-2021]
A.
No fence located along any property line shall be greater than six feet in height without prior issuance of a special permit by the Planning Board.
B.
No fence over three feet in height will be permitted on a street line, nor within one foot of the street line. All fences shall be constructed so that all posts and branches shall be within the property boundaries of the owner of the fenced property with post and branches on property owner's side. A berm may not be built or used to elevate a fence. All construction material used for fences shall first obtain the needed Zoning Enforcement Officer's approval.
§ 160-75 Gasoline stations; commercial, public and motor vehicle sales garages.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
Gasoline stations and commercial, public and motor vehicle sales garages shall comply with the following:
A.
The lot shall not be located within 300 feet of any lot occupied by a school, hospital, playground, library or religious institution. Measurement shall be made between nearest respective lot lines.
B.
Lot size shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps, other service devices, and fuel and oil storage shall be located a distance from all lot lines which is no less than any state, local or federal regulation.
F.
All automobile parts and dismantled vehicles are to be stored within a building and no major repair work is to be performed outside a building.
G.
There shall be no more than two access driveways from any street. Maximum width of each access driveway shall be 30 feet.
H.
A suitably curbed landscaped area, which should include but not limited to plants such as shrubs, trees, perennials and annuals, shall be maintained at least five feet in depth along all street frontage not used as driveway and be replaced when it is necessary to remove them.
§ 160-76 Public utility facilities.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
Public utility facility structures shall comply with the following:
B.
The facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front side and rear yards.
C.
A landscaped area at least 15 feet wide shall be maintained in front, rear and side yards.
D.
There shall be no open equipment visible from surrounding property.
E.
Where practical, low-profile equipment shall be used.
F.
Area, yard, coverage and height requirements of any district may be waived in whole or in part.
§ 160-77 Dwellings on lots.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
A.
There shall be only one residential building on a lot of record. Existing properties that contain a second building on a lot shall require a special permit for that building to be used as a single-family dwelling.
B.
Lots that propose construction on a second dwelling shall require a variance.
C.
A second single-family dwelling may be erected on a lot of record which equals or exceeds five acres in area upon application of the owner of the lot of record to the Zoning Enforcement Officer for a zoning permit. A second single-family dwelling is not permitted within an R-1 zone. Prior to issuing a permit, the Zoning Enforcement Officer shall ensure the following provisions have been met:
(1)
The applicant has set aside at least 30,000 square feet to the person or persons who shall be residing in the second dwelling.
(2)
The dwelling shall meet all minimum front line, side line, and area requirements for that district.
(3)
One or more of the residents of the second dwelling are within the second degree of kinship of the owner of record, either by blood or adoption.
D.
Multiple residential dwellings on a lot of record are only allowed in an R-3 Zone and/or Industrial Zones.
§ 160-78 Required area of yards.
[Amended 8-9-2021 by L.L. No. 4-2021]
No space necessary under this chapter to satisfy area, yard or other open space requirements in relation to any building or use shall be counted as part of a required open space in relation to any other lot or buildings.
§ 160-79 Yards on corner lots.
[Amended 8-9-2021 by L.L. No. 4-2021]
Any yard adjoining a street shall be considered a front yard for the purposes of this chapter. In instances where a corner lot exists, each front shall meet the front lot requirements for the district in which it is located.
§ 160-80 Access to public streets.
[Amended 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
All lots shall have at least 50 feet access to a public street.
§ 160-81 Location of driveways.
[Amended 8-9-2021 by L.L. No. 4-2021]
All driveways shall be located at least 25 feet from the intersection of two streets.
§ 160-82 Permits for temporary uses and structures.
[Amended 8-9-2021 by L.L. No. 4-2021]
A.
The Zoning Enforcement Officer may issue a temporary permit, for a stated period of not more than one year, for incidental nonconforming uses as follows:
(1)
Temporary uses incidental to a construction project.
(2)
Temporary real estate sales office incidental to a subdivision development.
(3)
Other similar temporary incidental uses, except storage or disposal of toxic chemicals or radioactive materials at levels that can be injurious to human, animal, and biological life.
B.
Permits shall be conditioned upon agreement by the owner to remove the temporary uses upon the expiration of the permit.
C.
Permits may be reissued for one additional period of not more than six months.
D.
Within three months after a project or structure has been destroyed, demolished, abandoned or completed, all incidental and excess structure materials and storage containers shall be removed from the site, and any excavation shall be covered or filled to normal grade by the owner.
E.
Cargo/shipping containers.
F.
Van/box trailers or trucks used for storage during construction.
§ 160-83 Height exceptions.
[Amended 8-9-2021 by L.L. No. 4-2021]
Nothing herein contained shall be interpreted to limit or restrict the height of silos, church spires, cupolas, bells, clocks, municipal fire and observation towers and essential public utility structures, which shall not include communication towers.
§ 160-84 Height exceptions by special permit.
[Amended 8-9-2021 by L.L. No. 4-2021]
No radio or television antenna, tower, water or cooling tower, oil or gas holder, elevator bulkhead, chimney, or other similar structure may be erected until after issuance of a special permit, when the top of any such structure is in excess of 60 feet from ground level.
§ 160-85 Landfill.
[Amended 8-9-2021 by L.L. No. 4-2021]
In any zoning district, the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, soil and similar type materials may be used for landfill to grades approved by the Zoning Enforcement Officer.
§ 160-86 Obstruction of vision.
[Amended 8-9-2021 by L.L. No. 4-2021]
In all zoning districts, on a corner lot, within the triangular area formed by the intersection of two street property lines and a third line joining them at selected distances from this intersection as stated below, there shall be no obstruction to vision between the height of two feet and 10 feet above the average grade of each street.
Sight Distance for Various Street Widths | |
|---|---|
Street Right-of-Way (feet) | Distance from Intersection (Center) (feet) |
50 or more | 90 |
40 to 49 | 80 |
30 to 39 | 70 |
§ 160-87 Multiple-family dwelling units below grade.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
No dwellings are permitted in cellars, as defined, in multiple-family dwellings.
§ 160-88 Accessory building in residential districts.
[Amended 8-9-2021 by L.L. No. 4-2021]
In a residential zoning district, where possible, accessory structures such as garages, carports and similar accessory structures shall be attached to the main building; however, in residential districts each lot of record may have one unattached accessory building.
§ 160-89 Storage of motor vehicles and travel trailers.
[Amended 8-9-2021 by L.L. No. 4-2021]
In all zoning districts the following regulation shall apply.
A.
Motor vehicles used for drag or stock car racing, and abandoned or junked vehicles, must be parked in an enclosed garage. For purposes of this section, an "abandoned or junked vehicle" shall mean any vehicle which is not licensed, or not in condition for legal use on the highway.
B.
A travel trailer or camper or other motor vehicle shall not be used as year-round living quarters.
C.
No commercial use trailer or commercial motor vehicle of more than one ton capacity shall be parked or stored overnight in any residential district.
D.
Travel trailers or campers may not be parked in front yard.
§ 160-90 Swimming pools.
[Amended 4-12-1999 by L.L. No. 1-1999; 8-9-2021 by L.L. No. 4-2021]
Every private swimming pool shall be completed surrounded by a fence constructed in accordance with Chapter 133 of the Village of Pulaski Municipal Code. A building and zoning permit is required.
§ 160-91 Wetlands map overlay.
[Amended 8-9-2021 by L.L. No. 4-2021]
The Zoning Enforcement Officer and Village Clerk-Treasurer shall maintain with the Village Zoning Map an additional map or overlay showing all New York State and federal freshwater wetlands, as defined in the Environmental Conservation Law, which lie within the Village of Pulaski. As each application is filed with the Zoning Enforcement Officer, he shall determine whether the proposed use or alteration lies within a freshwater wetland area. If such is the case, he shall provide to the applicant any and all forms required by the State of New York or other appropriate authority for preparation and review of the appropriate deliberative agencies prior to granting any permits required under this chapter. (Covered in Chapter 64 of the Village Code and the Uniformed Code of NYS.)
§ 160-92 Flood map overlay.
[Amended 8-9-2021 by L.L. No. 4-2021]
A.
The Zoning Enforcement Officer or Village Clerk-Treasurer shall maintain with the Village Zoning Map an additional map or overlay, said overlay showing any and all areas susceptible to flood, as defined and determined by the Village, state or federal government.
B.
Upon receipt of any application, if the Zoning Enforcement Officer determines that said use or alteration lies in any of the areas shown on the flood overlay map, he shall not grant any permit allowed under this chapter until he or she has ensured that all requirements of any Village, site or federal law, statutes or regulations have been met.
§ 160-93 Energy cooperatives.
[Amended 8-9-2021 by L.L. No. 4-2021]
Producers of energy cooperates are allowed in the R-3, B-1, B-2 and Industrial Zones. A site plan approval and special permit is required.[1]
[1]
Editor's Note: Former Article VI, Zoning Districts - Descriptions, of this ordinance, which contained narrative boundary descriptions for the Village zoning districts and immediately followed this section, was removed from the ordinance. Said boundary descriptions and the Village Zoning Map are on file in the Village Clerk-Treasurer's office and available for review during regular office hours.
§ 160-94 Dumpster regulations.
[Added 8-9-2021 by L.L. No. 4-2021]
A.
Dumpsters are not allowed in R-1 or R-2 Districts.
B.
A special permit is needed to allow a dumpster in a R-3 Zone.
C.
All permitted dumpsters in B-1, B-2 and Industrial Zones need to be concealed.
D.
Dumpsters that are presently in a district that will not allow them have 12 months or one year to make other arrangements. Dumpsters that are in zones where they are allowed but not concealed have one year to conceal them or put them in a location that is not visible from street or neighboring properties.
E.
Location and concealment of dumpsters will be part of the site plan review and approval. Temporary dumpsters or containers are permitted for 14 days with the option for an extension by permit.
§ 160-97 Short-term rentals.
[Added 8-9-2021 by L.L. No. 4-2021]
A.
The purpose of this section is to control and regulate the use of short-term rentals within the Village, preserve residential character and quality of life of the neighborhoods, along with the general welfare of the residential neighborhoods.
B. HOSTED OCCUPANTS OWNER SHORT-TERM RENTAL(1) (2) (3) UNHOSTED
Definitions. As used in this section, the following terms shall have the meanings indicated.
The on-site presence of the owner at the property during the duration of the rental period.
The person(s) renting the short-term rental. For purposes of this section, occupants includes their guests and any sublessees.
The permanent resident of the dwelling, and/or person(s) or entity that holds legal and/or equitable title to the short-term rental, or an agent of the owner who is authorized to take remedial action and to respond to any violation of this section.
One or more dwellings, as the term is defined in this chapter, and excluding bed-and-breakfasts, for which rent is received by the owner, directly or indirectly, in exchange for residential occupation:
The advertisement of the potential availability (as stated above) of the dwelling for rent on short-term rental websites shall create a presumption that the dwelling is a short-term rental.
Ongoing month-to-month tenancies are excluded from the provisions of this section.
The absence of the owner on-site at the property during the durations of the rental period.
C.
Short-term rental requirements.
(1)
Unhosted short-term rentals shall be prohibited in all zoning districts.
(2)
Hosted or unhosted short-term rentals shall be prohibited in R-1 Districts.
(3)
Hosted short-term rentals shall be prohibited unless a special use permit is issued by the Planning Board as provided for herein. A separate special use permit shall be required for each short-term rental property. The special use permit requirements of this section are in addition to any business license, tax registration, or any other permit or licensing requirements that may be required under state or county law.
D.
Application for special use permit.
(1)
Application information. An application for a special use permit shall be made to the Planning Board, and shall be subject to public notice and hearing, pursuant to this chapter. Special use permit applications shall contain the following information:
(a)
The name, address, telephone number, emergency telephone number, and email address of the owner [including any authorized agent(s)] who will be on-site for the duration of any rental period, and a secondary emergency contact individual;
(b)
The number of bedrooms and approximate square footage in the property and the maximum number of overnight occupants;
(c)
An acknowledgement that the subject property meets all local Building Code and Uniform Code requirements;
(d)
A diagram and/or photograph of the property showing and indicating the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants;
(e)
If the application is for the renewal of a special use permit, the record of all calls or complaints made in the preceding five years is to be reviewed;
(f)
An acknowledgment that the owner, agent(s), and secondary emergency contact individual have read and are familiar with the regulations contained in this section; and
(g)
A certification of the accuracy of the information submitted and an agreement to comply with any and all conditions of the special use permit.
(2)
Preexisting short-term rental. Notwithstanding any other provision of this section, short-term rentals already in existence at the effective date of this section, whether hosted or unhosted, shall be required to comply with the requirements of this section within 60 days of its effective date.
(3)
Inspection. In evaluating an application for a special use permit, the subject property shall be inspected by the Village Code Enforcement Officer to determine maximum parking capacity for the property and to verify compliance with provisions of this section and the New York State Uniform Prevention and Building Code. Upon an application for renewal of a special use permit, the subject property shall be reinspected to ensure continued compliance with this section.
(4)
Public hearing notification. The Village shall notify all property owners within 1,000 feet of the subject property, in writing, that an application has been submitted for a special use permit to allow the subject property to be used as a short-term rental. This notification shall clearly state the following information:
(a)
The name of the owner, agent(s), and secondary emergency contact individual for the property and a telephone number at which those parties may be reached on a twenty-four-hour basis;
(b)
The maximum number of occupants allowed to stay overnight in the dwelling; and
(c)
The maximum number of vehicles allowed to be parked on-site on the subject property overnight.
E.
Application fee. An application for a special use permit under this section shall be accompanied by a nonrefundable fee in such amount as the Village Board of the Village of Pulaski may from time to time establish by resolution.
F.
Application review process. The application review process for the issuance of a special use permit under this section shall comply with the considerations and necessary provisions.
G.
Conditions.
(1)
All special use permits issued pursuant to this section are subject to the following standard conditions:
(a)
The owner shall, by written agreement with the renter, limit the number of overnight occupants and their vehicles to the number approved in the special use permit application.
(b)
The owner shall demonstrate consistent efforts to ensure that the occupants of the property do not create excessive noises, as defined in this chapter, and/or engage in conduct which with annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, or violate provisions of this section. The use of illegal drugs or controlled substances by occupants is prohibited. The owner shall promptly respond to any complaints of violations of this section by any occupants of the subject property or by any third parties.
(c)
The owner, upon notification that occupants of the property have created excessive noises and/or engaged in conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health peace or safety of other, or otherwise violated provisions of this section, shall promptly use best efforts to prevent a recurrence of such conduct.
(d)
The owner shall post a copy of the special use permit and a copy of these standard conditions set forth in this section and any other conditions imposed by the Village in a conspicuous place on the subject property.
(e)
The subject property shall, at all times, regardless of whether the property is occupied, be in compliance with the Village Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes.
(f)
All occupants of the subject property shall observe quiet hours, which shall be between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday. Excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort repose, health, peace or safety of others shall constitute a violation of this section and may be grounds for revocation of the special use permit.
(g)
Call response availability. The owner and/or agent(s) and second emergency contact person shall be personally available by telephone on a twenty-four-hour basis to respond to calls or complaints regarding the condition or operation of the subject property. Failure to respond to calls or complaints in a reasonably timely and appropriate manner shall constitute a violation of this section and may be grounds for revocation of the special use permit. For the purposes of this section, responding in a reasonably timely and appropriate manner means that an initial call shall be responded to within one hour of the initial call, and any corrective action shall be commenced within 24 hours of the initial call. The owner shall maintain a record of each caller or complainant, details of the call or complaint, the date, and time of each call or complaint, details of the owner's response and corrective action and any other documentation associated with such call or complain, and shall provide such records to the Village upon demand, and/or as part of any revocation hearing or application for renewal of the special use permit.
(2)
The Planning Board shall have the authority to impose additional conditions related to the use of the subject property as a short-term rental as may be deemed necessary to achieve the objectives of this section.
H.
Permitter. A special use permit issued under this section shall be valid for one year from the date of issuance, subject to subsequent renewal periods of one year to three years, at the discretion of the Planning Board, based on the history of complaints and violations under this section relating to the subject property during the preceding permit period.
I.
Notification requirements. Each short-term rental shall have a clearly visible and legible notice posted within the property on or adjacent to the interior of the front door, containing the following information:
(1)
The name of the owner, agents(s), and secondary emergency contact individual, and a telephone number at which each such individual may be reached on a twenty-four-hour basis;
(2)
The maximum number of occupants permitted to stay in the short-term rental;
(3)
The maximum number of vehicles allowed to be parked on the subject property;
(4)
Quiet hours shall be between the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 11:00 p.m. to 7:00 a.m., Friday and Saturday, and that excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of other shall be a violation of this section.
(5)
Rules for the disposal of refuse, including but not limited to the refuse pickup day.
(6)
Notification that occupants may be cited and fined for creating a disturbance or for violating other provisions of this section or the Village Code; and
(7)
Notification that failure to conform to the parking and occupancy requirements of the subject property is a violation of this section.
J.
Enforcement; penalties for offenses.
(1)
Penalties imposed for offenses under this section shall be as set forth in this section, in addition to any other penalties for offenses which may be available under the Village Code.
(2)
In addition to the penalties imposed, each subsequent offense after the third offense within five years shall be punishable by a fine of $1,000 or imprisonment for up to six months, or both.
(3)
In addition to the penalties set forth herein, upon the fourth offense within five years, and upon each offense thereafter within the preceding five years, the special use permit may be revoked in accordance with the provision of this section.
(4)
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this section, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above. Consequently, the Village Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.
K.
Revocation of special use permit.
(1)
Upon the occurrence of the events identified in this section, the Village Code Enforcement Officer shall notify the Village Board, Planning Board, and the owner of the same, in writing, and the Planning Board may, in its discretion, hold a public hearing to determine whether the special use permit should be revoked.
(2)
Such public hearing shall be held by the Planning Board no more than 45 days from the date to notification from the Code Enforcement Officer is delivered to the owner. Notice of the hearing shall be delivered to the owner in person, or by mail to the address given in the application, and shall be published once in a newspaper having a circulation with the Village of Pulaski. Said notice to the owner and publication shall be not less than 10 days before the date of the hearing. Written notice of such public hearing shall also be given, personally or by mail, to property owners with 1,00 feet at least 10 days before the date set for the public hearing; if such notice is given by mail, the ten-day period shall be deemed to commence upon deposit with the United States Postal Service.
(3)
At the time and place set for the public hearing, the Planning Board shall take the testimony, under oath, of the owner and all other persons wishing to be heard, as to why the special use permit should not be revoked, and shall receive into the record any documentary evidence submitted either for or against revocation.
(4)
After the public hearing, the Planning Board shall, within 30 days, determine in writing whether or not the special use permit should be revoked or permitted to continue, either with or without additional conditions, and shall give notice of its determination to the owner by mail.
(5)
A special use permit may be revoked upon any of the following grounds:
(a)
Fraud, misrepresentation or false statement contained in the application for the special use permit;
(b)
Upon the occurrence of the events identified in this chapter;
(c)
Any failure or refusal to maintain the short-term rental in compliance with the Village Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes;
(d)
Any violation of this section or any standard or additional conditions of the special use permit; or
(e)
Upon the occurrence of any conduct at the property which results in the issuance of a misdemeanor or felony complaint against the owner or any occupant of the short-term rental.
(6)
If a special use permit is revoked, all uses of the property as a short-term rental shall cease within 30 days of the date of the Planning Board's determination revoking said permit. A property for which a special use permit was previously revoked may be the subject of a new special use permit not sooner than 12 months after revocation.