Solvay City Zoning Code
ARTICLE V
Supplementary Regulations
§ 165-30 Nonconforming structures and uses.
A.
Nonconforming structures.
(1)
General maintenance and repair. Except as otherwise provided for in this section, nonconforming structures may continue to exist and be maintained and repaired.
(2)
Structural alterations, renovations and additions. Alterations, renovations and additions to a nonconforming structure may be made only to the extent that such alterations, renovations or additions do not increase the degree of nonconformity and only to the extent that any nonconforming use related to such structure is not expanded.
(3)
Damaged structures. Nonconforming structures may be repaired and restored to their former condition after damage by casualty loss or deterioration due to the elements, except where damage involves over 50% of the floor area devoted to a nonconforming use or where such damage exceeds 50% of the total replacement cost of the damaged structure.
B.
Nonconforming uses.
[Amended 1-22-2008 by L.L. No. 1-2008]
(1)
Except as otherwise provided for herein, nonconforming uses may continue to exist.
(2)
A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or additional lot space nor be converted to any other use except in conformance with this chapter.
(3)
No nonconforming use, if changed to a conforming use, shall thereafter be changed back to a nonconforming use.
(4)
Any nonconforming use of a structure or land which has ceased for a period of six months is terminated as a nonconforming use, and thereafter such structure or land shall be used in conformity with this chapter.
§ 165-31 Special permits.
A.
As a prerequisite to the issuance of any special permit, the following general findings shall be made:
(1)
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts, and all other applicable local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
(3)
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site, based upon a consideration of the site plan and functional requirements of the proposed use.
(4)
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use within close proximity to the subject site.
(5)
The proposed use will be provided with adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(6)
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupant, employees, attendants and other persons for whose benefit the use is intended. In making this determination, consideration shall be given to but need not be limited to the following:
(a)
Location and adequacy of parking and loading facilities.
(b)
Pedestrian rights-of-way.
(c)
Traffic regulatory devices.
(d)
Location, number and design of points of ingress and egress.
(e)
Accessibility by emergency vehicles, with particular emphasis on access to structures, and provision for turning and free movement.
(f)
Provision for snow storage.
(g)
Age and mobility of all persons for whose benefit the use is intended.
(h)
Speed limits upon and general character of public highways in close proximity.
B.
In making a determination as to compliance with any one or more of the general findings set forth above, consideration shall be given to but need not be limited to the following elements:
C.
Prior to making any decision regarding an application for a special permit and within 62 days from the day a special use permit application is received, the Board of Appeals shall conduct a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. Public notice of said hearing shall be printed in the official newspaper of the Village at least five days prior to the date thereof. The Board shall decide upon the special use permit application within 62 days after the hearing. However, the time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.
[Added 5-22-2007 by L.L. No. 4-2007]
D.
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for special permit approvals for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay. The approved special permit shall be consistent with the provisions of Chapter 134 of the Code of the Village of Solvay.
[Added 11-27-2007 by L.L. No. 11-2007]
§ 165-31.1 Site plan review.
[Added 7-22-2003 by L.L. No. 4-2003]
A.
The following provisions are applicable to all districts and to all uses in the Village except one-family and two-family dwellings and uses accessory thereto, and for structures on a site measuring less than 200 square feet.
[Amended 1-22-2008 by L.L. No. 1-2008]
B.
Before a building permit is issued, a professionally certified site plan shall be submitted for review to the Village Board relating to all proposed construction and land use and including, at a minimum and as relevant to the project:
(1)
Contours of the land.
(2)
Traffic patterns and traffic regulatory devices.
(3)
Points of traffic ingress and egress.
(4)
Right-of-way and cross sections of adjacent streets.
(5)
Location and design of any intersection in close proximity to the site.
(6)
Location and design of parking and loading facilities.
(7)
Location of pedestrian walkways.
(8)
Elevation of buildings.
(9)
Proposed building location and shape.
(10)
Proposed building materials.
(11)
Proposed building dimensions.
(12)
Sufficient setback from existing highway.
(13)
Sewer, water and drainage plans.
(14)
Existing and proposed utilities.
(15)
Landscape plans.
(16)
Such other and further information required by the Village Board.
C.
As a prerequisite to the approval of any site plan, the Village Board shall make the following general findings:
(1)
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts, and all other applicable local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
(3)
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use in proximity to the subject site.
(4)
The proposed use will be provided with adequate supporting services such as fire and police protection, public and private utilities, and all other supporting governmental services necessary and appropriate to the proposed use.
(5)
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants, and other persons for whose benefit the use is intended.
(a)
In making this determination, consideration shall be given to, but need not be limited to, the following characteristics:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles, with particular emphasis on access to structures, and provision for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is intended.
[8]
Speed limits upon and general character of public streets in proximity.
(b)
Compliance with the off-street parking requirements found in this chapter shall not constitute a determination that the foregoing requirements have been satisfied.
(6)
The proposed use will not generate any adverse environmental impact upon the surrounding properties, including, but not limited to, the emission of dust, noise, vibration, heat, glare, odor or electronic interference. In addition, drainage facilities on the site should be appropriate for the proposed use and properly integrated into off-site drainage systems.
D.
Criteria. In making a determination of compliance with any one or more of the above general findings set forth in Subsection C above, consideration shall be given, but need not be limited to, the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials, colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
(4)
The nature and intensity of development in general proximity to the site.
E.
The Village Board, as part of its review and approval, may attach such requirements and conditions as it deems proper to accomplish the purposes of this chapter, including but not limited to the imposition of provisions for financial security to guarantee performance, time limitations on the duration of any activity associated with the use, provisions for the termination, conversion or recertification of the use, and such other conditions deemed reasonable and appropriate by the Village Board.
F.
Decisions of the Village Board shall be by resolution approving, approving with modifications and/or conditions or disapproving the site plan.
G.
Construction and land use shall be in accordance with the site plan finally approved by the Village Board. No certificate of occupancy shall be granted until the approved site plan has been complied with in all respects.
H.
Time limit on the site plan review. Approval of a site plan review by the Village Board shall be valid for a period of 180 days from the date of approval for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Village Board may extend the period of approval for an additional 180 days from the date of original approval; only one such extension shall be granted for any site plan.
I.
Modification to a site plan use or structure. Any modifications or changes to a use or structure originally requiring a site plan review shall itself require site plan review, except for the following:
(1)
Removal or repair of a dangerous condition in a principal or accessory structure when it is determined by an enforcement agency that circumstances exist which, if not corrected, will constitute a threat to the life, health or safety of the general public or such other persons for whose protection such regulations are intended. Such a determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Village of Solvay.
(2)
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3)
Changes in ownership or management of an establishment which do not change the specific use of the property.
(4)
Repaving or painting of driveway and parking areas without altering the approved traffic pattern.
(5)
Routine landscaping and plant replacement or establishment of new landscaped areas without altering the approved vehicular circulation and parking pattern or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
(6)
Repair or replacement of existing screening devices in accordance with the approved site plan.
J.
In addition to the requirements set forth herein, industrial uses shall be subject to the provision set forth in § 165-39.
K.
Review by Planning Commission.
(1)
Referral and recommendation, if, in its discretion, the Village Board refers a site plan application submitted in accordance with this section to the Village Planning Commission, the Planning Commission shall respond to the Village Board with a recommendation of approval, approval with modifications or denial, unless the application is abandoned as discussed in Subsection K(2) below.
(2)
Review. In its review of the application, the Planning Commission may require such changes in the site plan as are found to be necessary or desirable to meet the requirements of this chapter, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Planning Commission shall notify the applicant of such changes and may discuss the changes with the applicant. The applicant may submit to the Planning Commission a revised site plan incorporating the changes required. Such resubmission shall be made within such time as may be allowed by the Planning Commission after the notification by the Planning Commission. If such resubmission is not so made, the application shall be deemed abandoned.
L.
Approval of a special permit required in this chapter shall be sufficient and shall supersede any requirement for site plan approval as set forth in this section.
M.
An application for site plan review as required by this chapter shall be accompanied by a fee schedule which is set from time to time by resolution of the Board of Trustees.
N.
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for site plan approvals for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay. The approved site plan shall be consistent with the provisions of Chapter 134 of the Code of the Village of Solvay.
[Added 11-27-2007 by L.L. No. 11-2007]
§ 165-32 Corner lots.
A.
Corner lot frontages. On every corner lot, a minimum front yard depth shall be provided for each street frontage in accordance with § 165-28.
B.
Corner lot hedges and fences. For the purpose of maintaining unobstructed vision, no fence or hedge having a height in excess of 2 1/2 feet shall be erected, replaced or maintained closer than five feet to the point where property lines intersect at a street corner, nor shall a fence or hedge along a street line exceed 2 1/2 feet in height if placed within two feet of a driveway.
§ 165-33 Fences and hedges.
[Amended 11-25-2003 by L.L. No. 6-2003]
A.
Permit required for fence. No fence shall be installed prior to the issuance of a building permit by the Code Enforcement Officer.
B.
Height, nature and location of fences. Except for those regulations applicable to corner lots as set forth in § 165-32, the following height and location regulations shall apply:
[Amended 8-27-2024 by L.L. No. 6-2024]
(1)
Front yard. Fences permitted within required front yards may not exceed four feet in height and shall be of an open design which is see-through, such as chain-link, ornamental iron, rail and picket, with a uniform ratio of space to fence material of at least one to one. Opaque fences, such as basket-weave or stockade, are prohibited within the required front yard. On corner lots, any portion of a lot contiguous to a public right-of-way shall be considered as front yard area for the purpose of applying the regulations herein.
(2)
Side and rear yards. Subject to the provisions of § 165-33E, no fence shall exceed six feet in height within required side and/or rear yards.
(3)
Within commercial or industrial districts only, fences may be up to eight feet in height in side and rear yards.
C.
Prohibitions. Barbed wire or electrified fences are prohibited.
D.
Placement and maintenance of fences and hedges:
(1)
Fences and hedges shall be placed and maintained so that they do not project into adjoining properties and so they do not infringe upon any public right-of-way. Rear and side yard fences may be placed up to but not on the owner's property line.
[Amended 8-27-2024 by L.L. No. 6-2024]
(2)
All fences and hedges shall be maintained in a sound, safe and orderly condition at all times.
(3)
All portions of a lot enclosed by a fence or hedge shall be made accessible for fire-fighting purposes.
(4)
The finished side of a fence shall face the adjoining landowner.
E.
Nonconforming fences. Where a lawful fence exists at the effective date of adoption of this law that could not be constructed under the terms contained herein because of its height, visibility characteristics, location or any other requirement, such fence may be maintained so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such fence may be enlarged or altered in a way which increases its nonconformity, but any such fence or portion thereof may be altered to decrease its nonconformity.
(2)
Where a fence is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire fence, then the fence shall not be corrected and restored except in compliance with the provisions of this section.
(3)
Should such a fence or portion thereof be relocated within a lot, that portion which is relocated shall be subject to the provisions of this section.
§ 165-34 Yards.
A.
Front yards shall be structurally unoccupied and unobstructed from the ground upward, except for walls and fences as regulated elsewhere herein, and no more than 25% of said front yard shall be used for proper vehicle parking.
[Amended 10-8-1991 by L.L. No. 4-1991; 3-12-1996 by L.L. No. 2-1996]
B.
Rear yards.
[Amended 5-16-2006 by L.L. No. 2-2006]
(1)
Rear yards shall be structurally unoccupied and unobstructed from the ground upward, except for walls and fences, swimming pools, vehicular parking facilities and accessory structures regulated herein.
(2)
A swimming pool may be located in a rear yard, provided any pool wall, walk or equipment shall be located a maximum of five feet from the rear lot line and a minimum of five feet from the rear lot line and a minimum of five feet from the side lot line. Further, lights used to illuminate the pool or pool area shall be shielded or installed so as to prevent said lights from shining directly upon any adjacent property.
C.
Side yards shall be structurally unoccupied and unobstructed from the ground upward, except for fences and walls as regulated herein.
§ 165-35 Nonresidential uses abutting residential uses.
It is the intent of this section to provide physically landscaped buffer areas or corridors around all nonresidential uses where such uses abut residentially zoned properties.
A.
General regulations.
(1)
Physical buffers or corridors shall be required in all instances in nonresidential districts where properties abut residential districts.
(2)
The construction and maintenance of required physical buffers or corridors shall be the responsibility of the owner of the property for which the building permit is requested.
(3)
No parking, loading, driveway or structural encroachment shall be permitted within a required physical buffer area or corridor.
(4)
The buffer zone must be provided with shrubbery, plantings and landscaping to provide an opaque barrier between the industrial use and the adjacent residentially zoned areas. The details of the landscaping plan must be approved by the appropriate board during the site plan review procedure.
[Added 10-8-1991 by L.L. No. 4-1991]
(5)
There shall be no buildings or structures constructed in the buffer zone, nor shall there be any equipment or material stored there.
[Added 10-8-1991 by L.L. No. 4-1991]
B.
Specific requirements.
[Added 1-22-2008 by L.L. No. 1-2008]
(1)
Side yards. Along the side lot line of a nonresidential district lot adjoining a residential district, there shall be provided a yard of at least 50 feet in depth.
(2)
Rear yards. Along the rear of a nonresidential district lot abutting the side lot line of a lot in a residential district, there shall be provided a yard of at least 50 feet. This requirement does not apply to properties located within the Milton Avenue (M) District.
(3)
Where side and rear yards are required pursuant to the above subsections, there shall be provided and maintained along the lot line of such yards an effective protective screen to separate and conceal the adjoining residential zone free from the persons, activities and traffic which may result from the activities permitted in the respective nonresidential districts.
§ 165-36 Outdoor lights.
All permanent outdoor lights used for area lighting, building floodlighting or the like shall be steady, stationary and directed so as to avoid causing a hazard to motorists or pedestrians and to avoid causing direct illumination of neighboring properties.
§ 165-36.1 Stormwater pollution prevention plan.
[Added 11-27-2007 by L.L. No. 11-2007]
A stormwater pollution prevention plan consistent with the requirements of Chapter 134 of the Code of the Village of Solvay shall be required for land development activities, as that term is defined in Chapter 134 of the Code of the Village of Solvay. The SWPPP shall meet the performance and design criteria and standards in Chapter 134 of the Code of the Village of Solvay.
§ 165-37 Abandonment of structures.
[Amended 10-8-1991 by L.L. No. 4-1991]
Within six months after work on an excavation for a building has begun or within six months after a permanent or temporary building or structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site, and the excavation thus remaining shall be covered over or filled to the normal grade by the owner. The time for compliance with this section, however, may be extended for three-month periods at the discretion of the Code Enforcement Officer.
§ 165-38 Real estate signs.
One real estate sign shall be permitted, not larger than three feet by four feet, on one lot, advertising the sale or letting of only the premises on which it is maintained and set back -not less than 15 feet from the street line and not less than 10 feet from each side line, except that where acreage available for or in process of subdivision is advertised for sale or letting, one real estate sign not larger than three feet high by eight feet long shall be permitted on each 500 to 1,000 feet of frontage or one real estate sign three feet high by four feet long on each 500 feet of street frontage, provided that said signs are set back not less than 30 feet from the street line. Said three feet of height shall be construed to mean the height of the main sign itself and not the height from the ground or curbline.
§ 165-38.1 Garage doors. [1]
[Added 12-15-2015 by L.L. No. 1-2015]
A.
For purposes of this chapter, a "garage door" is defined as a door, made of wood, metal, or fiberglass, that opens either manually or by an electric motor on a private garage of sufficient size to allow a vehicle to enter. Garage doors may slide or swing horizontally, tilt up and back across a garage ceiling, or roll on tracks across a garage ceiling.
B.
Private garages designed to include a garage door shall, at all times have a garage door installed and operational.
C.
Upon the installation of a garage door in a private garage, regardless of the initial design of such garage, such garage door shall be maintained, repaired and/or replaced so as to be operational at all times.
D.
Any garage door that is inoperable, broken, missing, sagging, lacking an exterior finish or missing visible parts or materials shall be repaired and/or replaced in a timely manner.
[1]
Editor's Note: Former § 165-38.1, Political signs, added 11-23-1999 by L.L. No. 10-1999, was repealed 3-25-2014 by L.L. No. 2-2014.
§ 165-39 Industrial use regulations.
[Added 10-8-1991 by L.L. No. 4-1991]
A.
Pursuant to § 165-31.1, all industrial uses shall require site plan review by the Village Board prior to the issuance of a building permit. In addition to the criteria set forth therein, industrial uses shall meet the performance standards set forth in this section.
[Amended 7-22-2003 by L.L. No. 4-2003]
B.
Minimum performance standards. The Code Enforcement Officer shall ensure that the following standards are met by any use located within an industrial district. Failure to meet these standards shall be reported to the Village Board, which may take such actions as it deems necessary in accordance with this chapter, including but not limited to revoking the certificate of occupancy. These minimum performance standards shall be in addition to meeting any and all federal, New York State and Onondaga County health and safety requirements and standards.
(1)
Noise. No use within an industrial zone shall emit a measurable noise which shall be unreasonably loud or disturbing to surrounding property owners and/or users. The standards for determining whether a noise is unreasonably loud or disturbing shall be as follows:
(a)
No noise measured at a property line of an industrially zoned property shall exceed 70 decibels during the period between 6:00 a.m. and 10:00 p.m. or 60 decibels during the period between 10:00 p.m. and 6:00 a.m. The decibel limits shall be decreased by five decibels for any industrially zoned property adjacent to a residentially zoned property.
(b)
Sound pressure levels in decibels shall be measured on the A-weighted response scale with a meter set to the slow response mode; sound level meters used shall have the characteristics defined in the American National Standards Institute publication S1.4 1971 (R1983). Measurements shall be conducted in accordance with ANSI S1-36, 1979.
(c)
The sound level may not exceed these established sound levels by more than six decibels for a period of more than six minutes during any sixty-minute continuous period.
(d)
Noise, as measured at the property line, shall not be objectionable due to intermittence, beat frequency, high frequency or other distributing characteristics. For noises that the Code Enforcement Officer determines to be impulsive in character (for example, hammering) or objectionable for any of the other above-noted characteristics, then the standards cited in Subsection B(1)(a) shall be reduced by five decibels. Sounds of short duration, such as impact noises, shall be measured with either an impact analyzer or a sound level meter having a standardized I (impulse) characteristic.
(e)
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[1]
Noises emanating from temporary construction and maintenance activities between 7:00 a.m. and 6:00 p.m.
[2]
The noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals.
[3]
Transient noises of moving sources such as automobiles, trucks, airplanes and railroads. Uses requiring regular deliveries by truck may be required by the board with appropriate jurisdiction to reduce noise levels to an approved level based on the proximity of residential uses. In no case shall the required noise levels be lower than those outlined above.
(2)
Odor. No use within an industrial district shall emit an odor that is unreasonably offensive, as measured at the property line of the use.
(3)
Dirt, dust, heat, toxic emissions, radiation interference. No use within an industrial district shall create or emit dust, heat, dirt or other particulate matter, radiation, toxic emissions or electronic or radio interference which shall adversely affect uses on adjacent or neighboring properties. In reference to particulates, the minimum standard shall be a maximum particulates, concentration of 75 micrograms per cubic meter of air for the geometric mean of twenty-four-hour average concentrations during 12 consecutive months. For any twenty-four-hour period, the maximum allowable concentration of particulates shall be 250 micrograms per cubic meter of air.
(4)
Storage. No goods, materials, waste, trash, garbage or other matter shall be stored outside of a building without being fully enclosed to provide both screening, security and containment. Any exception to this type of storage, such as storage of bulk raw materials, shall be granted by the appropriate board during the site plan review procedure. This storage approval may be revoked if a change of ownership or use occurs or if the storage results in an adverse impact on adjacent properties.
(5)
Vibration:
(a)
Ground-transmitted vibration shall be measured with a seismograph capable of recording simultaneously vibration vectors in three mutually perpendicular directions.
(b)
"Vibration" is defined as the periodic displacement or oscillation of the earth.
(c)
Measurement of particle velocity.
[1]
For administrative purposes, vibration shall be measured at or beyond any adjacent lot line or residential district line, and such measurements shall not exceed the particle velocities as designated in Table I. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV | = | 6.28 DxF |
Where | ||
PV | = | Particle velocity in inches per second. |
D | = | Single amplitude displacement in inches. |
F | = | Vibration frequency (Hertz) in cycles per second. |
[2]
The maximum particle velocity shall be the maximum vector sum of the three mutually perpendicular components recorded simultaneously.
Table I | |||
|---|---|---|---|
Maximum Peak Particle Velocity (inches per second) | |||
Vibration | A* | B | C |
Steady state** | 0.02 | 0.05 | 0.10 |
Impact*** | 0.04 | 0.10 | 0.20 |
* | Reduced by 1/2 between 10:00 p.m. and 6:00 a.m. |
** | Steady state: vibrations which are continuous or vibrations in discrete impulses more frequent than 60 per minute. |
*** | Impact: discrete impulses which do not exceed 60 per minute. |
A = | Vibration velocity measured at a residential district boundary. |
B = | Vibration velocity measured at the boundary of an industrial district and any other district, excluding residential districts. |
C = | Vibration velocity measured at an adjacent lot line within an industrial district. |
(6)
Glare. No illumination shall cause direct light rays to cross any property line in an industrial district. All permanent outdoor lights, such as those used for area lighting or building floodlighting, shall be steady, stationary, shielded sources directed to avoid causing a hazard to motorists or pedestrians or causing direct light rays on other properties. The marginal increase in light as measured at any property line other than a street line shall not exceed one footcandle; only a five-tenths-footcandle marginal increase in light shall be permitted at any property line which is also a residential district line.
C.
Procedure:
(1)
New application.
(a)
In the case of any application for the establishment of a new use subject to these performance standards, the appropriate review board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to the above standards.
(b)
If the appropriate review board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant and subsequently to the reviewing Board.
(c)
During the course of either the site plan or special permit review, the appropriate board shall determine whether the applicant's proposal will conform to the above-noted performance standards, and this determination shall be a necessary, though not exclusive, condition for granting the appropriate board's approval.
(2)
Industries which are subject to these performance standards:
(a)
The Code Enforcement Officer shall investigate any purported violation of these performance standards by industries which are not exempt from these standards because they existed lawfully at the time of enactment of this chapter. If there are reasonable grounds for assuming that there is a violation of these performance standards, the Code Enforcement Officer shall notify those responsible for the alleged violation. Such notice shall describe the particulars of the alleged violation and shall require a written response or corrective action to the alleged violation within a reasonable time limit set by the Code Enforcement Officer, but not to exceed 180 days. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit set shall constitute an admission of violation. The notice shall state that, upon request of those to whom it is directed, technical determinations can be made by experts mutually agreeable to the Code Enforcement Officer and to those responsible for the alleged violation. In the event of an inability to select a mutually agreeable expert, the Code Enforcement Officer shall select the expert. If the expert determines that the violation or alleged violation is true, then costs of the determinations shall be charged against those responsible, in addition to any penalties as may be appropriate upon terms of this chapter. However, if it is determined that no violation exists, costs of the determinations shall be paid by the Village of Solvay.
(b)
If there is no reply to the notice within the time limits set (thus establishing an admission of violation as provided above) and/or the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, then the Code Enforcement Officer shall take such actions as may be appropriate under this chapter for situations where an admitted violation continues after notice to cease.
D.
Signs for industrial uses shall be as follows:
(1)
Address sign: one wall sign for each building containing a principal use. Each sign shall not exceed four square feet in size and one foot in height.
(2)
No more than two freestanding signs, illuminated or nonilluminated, per curb cut solely for the purpose of traffic control on private property. Each sign shall not exceed two square feet in area.
(3)
Industrial identification sign: one wall sign for each building containing a principal use.
(a)
The sign shall not exceed 1 1/2 square feet of sign area per linear foot of building frontage measured at the user's main entrance, and the sign shall not exceed 100 square feet in total size.
(b)
The sign may be nonilluminated or illuminated by indirect light only.
(c)
For industrial buildings located on a corner lot, one additional wall sign for each building containing a principal use is permitted. The sign shall not exceed 1 1/2 square feet of sign area per linear foot of building frontage measured along the intersecting street frontage. The total size of all signs on each building shall not exceed 125 square feet.
(d)
During the site plan review process, the appropriate board shall review the placement and design of signs to ensure compatibility with surrounding land uses. In addition, the appropriate board may authorize a temporary sign during construction of a building, not to exceed 32 square feet. The sign may be a freestanding or a wall sign, nonilluminated, and may denote the architect and firm, engineering firm or contractor on the premises where construction, repair or renovation is in progress. Such sign shall be removed within 10 days after completion of the project.
(4)
General prohibitions in the industrial district.
(a)
Sign height. No sign shall be erected or maintained on the face of a building so that any portion shall extend above the base of the roofline.
(b)
Illumination. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Holiday decorations and lights when displayed from November 15 to January 6 shall not be considered signs or parts of signs.
§ 165-40 Restrictions on adult uses.
[Added 9-26-2000 by L.L. No. 2-2000]
A.
No adult use shall be allowed or permitted in any zoning district of the Village, except an Industrial District. All adult uses shall comply with the applicable provisions of the Code, including those related to structures and uses permitted in an Industrial District.
B.
No person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult use within the Village unless such use meets the following standards:
(1)
No more than one adult use shall be allowed or permitted on any one lot.
(2)
No adult use shall be allowed or permitted on a lot that is within 600 feet of:
(a)
A lot on which there is another adult use.
(b)
Any Residential District (R-1, R-2, R-3).
(c)
Any property that is utilized, in whole or in part, for residential purposes.
(d)
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field.
(e)
Any public buildings.
(f)
Any hotel or motels.
(3)
Where there is a conflict between the regulations as provided in this § 165-40 and any other law, rule or regulation of the Village, including the Code, the most restrictive law, rule or regulation shall apply.
(4)
All distances set forth herein shall be measured by following a straight line, without regard to intervening structures or improvements, from the nearest point of the lot line of the parcel on which the adult use is to be located to the nearest point of the lot line of the parcel of land from which the adult use is to be separated.
C.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
§ 165-40.1 Restrictions on convenience store uses.
[Added 12-18-2018 by L.L. No. 7-2018]
A.
No convenience store use shall be allowed or permitted in any zoning district of the Village, except in the Commercial (C) District. All convenience store uses shall comply with the applicable provisions of the Code, including those related to structures and uses permitted in the Commercial (C) District.
B.
No person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any convenience store use within the Village unless such use meets the following standards:
(1)
The lot shall have a minimum street frontage of at least 150 feet.
(2)
Convenience store structures shall consist of a minimum of 3,500 square feet.
(3)
Fuel service limitations:
(a)
All fuel pumps shall be located at least 25 feet from any street line or 50 feet from any other lot line. Gasoline fuel service shall be limited to eight fuel dispensing points, and there shall be one diesel fuel dispensing point and one electrical charging station.
(b)
All fuel, oil, gasoline or similar substances shall be stored underground at least 35 feet from any lot line and tanks shall be installed and maintained in accordance with all federal, state and local standards. Vents must be at least 25 feet from any lot line.
(4)
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines. Such driveways shall be laid out to avoid the necessity of any vehicle backing across any right-of-way.
(5)
No accessory buildings are permitted.
(6)
The physical buffer or corridor areas abutting residentially zoned properties shall comply with § 165-35 of the Village Code. Plantings shall be properly bedded when planted and shall thereafter be maintained and fertilized to assure long life and growth and replaced when dead. In addition, or as an alternative to plantings and landscaping, the Village Board may require the installation of an opaque fence, measuring six feet in height, to minimize the impact of the commercial use upon neighboring residentially zoned properties.
(7)
No vehicle repair work nor motor vehicle sales shall be allowed.
(8)
No car wash nor vehicle cleaning shall be allowed.
(9)
No outside storage, product display nor sale shall exceed the overhang of the convenience store structure.
(10)
All refuse shall be stored within opaque enclosed areas.
(11)
Lighting shall be dark sky compliant and all lighting shall be designed to limit the potential impacts of site lighting on neighboring lands and highways.
(12)
Off-street parking requirements shall be determined in accordance with general retail and personal service establishment uses. Off-site parking may not be used when calculating parking.
C.
Signage for convenience store uses, which is subject to comprehensive review and approval by the reviewing board upon submission of detailed information, shall be as follows:
(1)
Signage may be nonilluminated or illuminated by indirect light only. Any illuminated sign shall only employ lights emitting a light of constant intensity.
(2)
Standards for electronic message display.
(a)
The size and location of an electronic message display shall be measured from exterior frame to exterior frame and shall be included in the allowable total sign size.
(b)
The electronic message display shall be located in conjunction with the site plan approved by Village Board or special permit issued by the Village Zoning Board of Appeals and may not be located closer than two feet from any front or side property line.
(c)
Other requirements. The use, size and location of digital signs must comply with all other relevant regulations and ordinances of the Village.
(d)
Display.
[1]
The display or message shall not change more frequently than once every eight seconds, with a transition period of one second or less.
[2]
A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this section.
[3]
The maximum brightness levels for digital signs shall not exceed 0.2-footcandle over ambient light levels measured within 150 feet of the source, consistent with the terms of this section. Certification must be provided to the Code Enforcement Officer demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the Code Enforcement Officer in their reasonable discretion, at the owner's expense, to ensure that the specified brightness levels are maintained at all times.
[4]
Brightness of digital signs shall be measured as follows: at least 30 minutes following sunset, a footcandle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location; the sign shall then be turned on to full white copy to take another reading with the meter at the same location; and, if the difference between the readings is 0.2 footcandle or less, the brightness is properly adjusted.
(3)
No sign or sign structure shall be erected at the intersection of any street in such a matter as to obstruct free and clear vision, nor at any location where by its position, shape or color may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device.
(4)
No signs other than an official traffic sign or similar sign shall be erected within a street right-of-way, or within any public way.
(5)
Wall signs that are flush with the facade of a building or structure, or part thereof, shall not exceed one square foot of wall sign for every one linear foot of building frontage.
(6)
Freestanding signs. The maximum sign height of a freestanding sign shall be 20 feet, and the sign area of each side shall not exceed 32 square feet. No freestanding sign shall be erected or maintained in such a manner as to project over or above any street. Said sign shall be set back at least 15 feet from any street right-of-way.
(7)
Projecting signs. The sign area of each side of a projecting sign shall not exceed 16 square feet and shall not encroach upon Village property. Only one projecting sign per business tenant is permitted.
(8)
Prohibited signage. Temporary, rooftop, skyline, and billboard signs are prohibited, with the exception of clocks.
(9)
Any sign legally existing at the time of the adoption of this section that does not conform in location, height or size shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time it is either abandoned or removed by its owner, subject to the following limitations:
(a)
Structural alterations, enlargement or re-erection is permissible only where such alterations will not increase the degree of nonconformity of the signs.
(b)
Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the sign as determined by the Code Enforcement Officer.
§ 165-41 Milton Avenue District regulations.
[Added 1-22-2008 by L.L. No. 1-2008; amended 4-22-2008 by L.L. No. 4-2008]
A.
Pursuant to § 165-31.1, all uses in the Village except one-family and two-family dwellings and uses accessory thereto, and for structures on a site measuring less than 200 square feet, shall require site plan review by the Village Board prior to the issuance of a building permit. In addition to the criteria set forth therein, uses within the Milton Avenue (M) District shall meet the performance standards set forth in this section.
B.
Intent. The Milton Avenue corridor is the traditional "Main Street" of the Village of Solvay and is an important gateway into the Village. The intent of the District is to improve the visual appearance of the corridor, encourage mixed-use development, enhance the pedestrian environment and to preserve and promote the historic character of the District.
C.
Boundaries. This district applies to all lands zoned residential and commercial fronting on Milton Avenue from Village line to Village line, and including the first 100 feet of frontage measuring from the front lot line along both sides of Bridge Street. In addition, any commercially zoned lands at the time of adoption of this section fronting on Franklin Avenue, Cogswell Avenue, Woods Rood, Lamont Avenue, Freeman Avenue, Caroline Avenue, and Charles Avenue (north of Conklin Street) shall also be rezoned to the Milton Avenue District.
D.
Building scale and streetscape. The size, location and shape of any new structure or modification to any existing structure shall be consistent with the purpose and intent of the Milton Avenue District and with the streetscape formed by the traditional structures within the District. To the extent practical, buildings or modifications shall be comparable to the height, width and setback of adjacent properties, provided that there is adequate pedestrian space, vehicular access and provisions for firesafety.
E.
Building configuration. The primary building facade fronting on a street shall not exceed 50 feet in length along the same geometric plane without a change in the front yard setback of a minimum of two feet in depth, for a distance of not less than six feet. For building facades that exceed 75 feet in length, the change in the geometric plane shall be increased to a minimum of four feet in depth. In addition, facades 50 feet or longer in length shall be designed to minimize visual monotony through changes in setback, height, material, texture and the use of plant materials. Buildings facing Milton Avenue shall be situated such that the facade is parallel to the street line of Milton Avenue.
F.
Architecture. Traditional late 19th century commercial architectural is encouraged, complementing existing older mixed-use structures on the corridor, neighborhood character and traditional design objectives.
G.
Loading and screening. Loading and delivery areas, outdoor storage space, trash collection areas and service entries are prohibited along public frontage. All areas shall incorporate suitable site and landscape features, including the use of appropriately sized deciduous and evergreen plant materials to mitigate the effects of visual impact from view of a public right-of-way. Effective landscape or opaque fence screening of rear yards is required for all properties abutting a residentially zoned property.
H.
Vehicular access management. The connection and consolidation of parking lots and driveways is encouraged. Driveways must be curbed and defined. Sidewalks crossing driveways shall be constructed of concrete or brick, Driveway access onto Milton Avenue shall be limited to a maximum of one driveway per structure. Where practicable, driveway access shall be located off side streets or alleys. The maximum permitted driveway width shall be 24 feet, with a twelve-foot maximum lane width in either direction.
I.
Off-street parking. Off-street parking areas shall be screened from street frontages and adjoining residential properties by low walls, dense landscape or a combination of these elements. Fencing shall be discouraged in favor of the aforementioned more permanent and durable screens. Parking is not permitted between the facade of a building and the right-of-way.
J.
On-street parking. On-street parking along the adjacent frontage shall count towards the parking requirements for the site.
K.
Shared or off-site parking. Wherever feasible, shared parking or the use of public parking lots shall be encouraged. Applicants may pay a fee in lieu of providing on-site parking, according to established legislation. The applicant shall provide a parking analysis justifying proposed parking during the special permit or site plan review processes.
L.
Alleys. To reduce curb cuts along Milton Avenue, alleys located to the rear of parcels fronting on Milton Avenue are encouraged and parking shall be accessed from an alley wherever feasible. Such alleys must be adequately lighted during evening hours.
M.
Sidewalks. Sidewalks are required along the facade of buildings. On corner parcels, sidewalks are required on both frontages located along a right-of-way. Sidewalks shall be a minimum of five feet wide and compliant with the Americans with Disabilities Act. Unless alternate pedestrian accommodations are provided, sidewalks shall extend between the street line and the building facade. Asphalt sidewalks are prohibited.
N.
Landscaping. Landscaping with plant materials and walls/fencing must be utilized to minimize the impacts of uses abutting any residential structure, as well as to define, break up and buffer parking areas, and to enhance the aesthetic character of the existing environment. The use of chain link fencing as buffers and screens is prohibited.
O.
Street trees. The planting of trees along Milton Avenue and Bridge Street shall have a consistent appearance through the use of tree species and spacing. Such trees shall be in addition to any on-site landscaping.
P.
Fencing. The use of chain link fencing for purposes of buffering or screening property is prohibited.
Q.
Signage. Consistent with the stated intent of the Milton Avenue District regulations, sign size, design and location shall complement and harmonize with the architectural form and detailing of the building. Any illuminated sign or lighting device shall only employ lights emitting a light of constant intensity. No sign shall be illuminated by a continuous flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be situated in such a manner so as to confuse, detract from or in any other way obstruct traffic, nor may an illuminated sign restrict vision or impair safety.
[Amended 12-20-2011 by L.L. No. 6-2011]
R.
General signage prohibitions and regulations.
[Amended 12-20-2011 by L.L. No. 6-2011]
(1)
Wall signs.
(a)
Front facade. Wall signs that are flush with the front facade of a building or structure, or part thereof, shall not exceed 20% of the square footage of the front facade of such building or structure as occupied by such business. In the event that more than one business tenant is located in a building or structure, the total cumulative square footage of any and all wall signs shall not exceed 20% of the total square footage of the front facade.
(b)
Side facade. Wall business signs that are flush with a side facade of a building or structure, or part thereof, shall not exceed 10% of the square footage of the facade of such building or structure as occupied by such business. In the event that more than one business tenant is located in a building or structure, the total cumulative square footage of any and all business wall signs shall not exceed 10% of the total square footage of the side facade.
(c)
One wall sign, the area of which may not exceed six square feet, may be located for identification purposes at a secondary entrance situated on the rear facade of a building or structure.
(2)
Freestanding signs. The maximum sign height of a freestanding sign shall be 20 feet, and the sign area of each side shall not exceed 30 square feet. Freestanding signs shall not tend to confuse, detract from or in any other way obstruct traffic, nor may a freestanding sign restrict vision or impair safety.
(3)
Monument signs. The maximum sign height of a monument sign shall be six feet, and the sign area of each side shall not exceed 30 square feet. Monument signs shall not tend to confuse, detract from or in any other way obstruct traffic, nor shall a monument sign restrict vision or impair safety.
(4)
Projecting signs. The sign area of each side of a projecting sign shall not exceed 16 square feet and shall not encroach upon Village property. Only one projecting sign per business tenant is permitted.
(5)
Temporary signs. The placement and location of temporary signs, including inflatable items, balloons and flags, shall not tend to confuse, detract from or in any other way obstruct traffic, nor may a temporary sign restrict vision or impair safety. The sign area of each side of a temporary sign shall not exceed 12 square feet. The use of A-frame signs is limited to business hours of operation.
(6)
Prohibited signage. Rooftop, skyline, and billboard signs are prohibited, with the exception of clocks.
S.
Nonconforming signage.
[Amended 12-20-2011 by L.L. No. 6-2011]
(1)
A sign not complying with this section, but legally in place on the effective date of this section, may continue to exist and be maintained, restored and repaired. Alterations and modifications are permitted only to the extent that such alterations and modifications do not increase the degree of nonconformity. If damaged, a legal nonconforming sign may not be reestablished if the damage sustained by such sign involves over 50% of the gross area of the sign or if reconstruction exceeds 50% of the estimated replacement cost. Any sign may be altered to decrease its nonconformity.
(2)
Any sign not complying with this section shall be terminated upon any change in the ownership or control of such business.
(3)
An unsafe or abandoned sign is declared a public nuisance, which nuisance shall be abated.
T.
Drive-through facilities. Drive-through facilities shall be subject to site plan review, with special attention to the potential negative impacts to the pedestrian environment as a result of the proposed drive-through facility. Drive-through facilities and access thereto are limited to the rear of a parcel.
U.
Exterior finish materials. Plain concrete, concrete block, corrugated metal, plywood and press board are not permitted as exterior finish material, except as a secondary finish covering no more than 10% of a facade. This standard applies to all building facades. A minimum of 35% of a building's facade fronting on Milton Avenue must consist of clear windows that allow views of indoor nonresidential spaces or product display areas. Such windows shall measure no more than eight feet or less than two feet in height.
V.
Awnings. Matching, retractable, fire-retardant awnings provide thematic character, as well as shelter. As a temporary structure, awnings are exempt from setback requirements.
W.
Lighting. Lighting and associated equipment shall be appropriate to the character of the structure and shall not glare upon the sidewalk or adjoining properties.
X.
Outdoor eating areas. A building may be set back a distance greater than the maximum setback to accommodate an outdoor eating area. To preserve the continuity of the streetwall, the building may be set back no more than 20 feet from the front or side street property line or at least 40% of the building facade must be located at the maximum setback line.
Y.
Entrances. Buildings shall have a primary entrance facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses.
Z.
Modification to front yard setbacks. Open porches, stoops, balconies, awnings and bay windows may encroach up to 50% of the established setback from the street line.
§ 165-43 Sidewalk cafe permits.
[Added 5-28-2024 by L.L. No. 2-2024]
A.
Title. This article shall be known as the "Sidewalk Cafe Permit Ordinance."
B. SIDEWALK SIDEWALK CAFE
Definition of "sidewalk" and "sidewalk cafe." For the purposes of this article:
That portion of the right-of-way which is located between the curbline or the lateral line of a street and the building frontage, which is intended for use by pedestrians, and generally includes landscape, trees, and other street furniture. The sidewalk may include private property that is generally perceived as part of the public sidewalk.
An area on a public sidewalk or village park adjacent to a restaurant, bar or other commercial business that is used by said restaurant, bar or other commercial business to seat and/or serve its patrons.
C.
Permit required for sidewalk cafes. No person, corporation, limited liability company, general partnership or limited partnership shall set up, maintain or operate a sidewalk cafe on a public sidewalk or Village park without a sidewalk cafe permit from the Village of Solvay Office of Code Enforcement.
D.
Permit application. An application for a sidewalk cafe permit shall be made to the Village of Solvay Office of Code Enforcement for a sidewalk cafe on a sidewalk or in a Village park. The application for sidewalk cafe permit shall be made on forms prescribed by the Office of Code Enforcement. The application shall request relevant information relating to the sidewalk cafe, including, but not limited to, the hours of operation, a diagram of the sidewalk cafe, the dimensions and amount of square footage to be used by the sidewalk cafe and the existence of necessary licenses and permits.
E.
F.
Rules and regulations. The Village of Solvay Office of Code Enforcement shall promulgate rules and regulations regarding the operation of sidewalk cafes within their jurisdiction. These rules and regulations shall be provided to applicants for sidewalk cafe permits. Applicants shall sign a statement under oath that they have read the rules and regulations and agree to comply with the rules and regulations.
G.
Insurance. The operator of a sidewalk cafe must secure commercial general liability insurance for the sidewalk cafe in an amount set by the Village of Solvay Office of Code Enforcement. The insurance must have the Village of Solvay listed as an additional insured in the insurance policy.
H.
Issuance of sidewalk cafe permits. The Village of Solvay Office of Code Enforcement shall issue a sidewalk cafe permit for sidewalk cafes within its jurisdiction where the proposed sidewalk cafe poses no danger to public safety and/or health, the applicant and operator of the sidewalk cafe are in compliance with the Village of Solvay Code Enforcement rules and regulations and all applicable state and local laws, ordinances, resolutions and rules and regulations and the requirements of this section have been complied with.
I.
Expiration of permit. Sidewalk cafe permits shall be valid from April 1 to October 31 of the year for which the sidewalk cafe permit is issued unless the permit is suspended or revoked.
§ 165-44 Business certificate use.
[Added 5-28-2024 by L.L. No. 3-2024; amended 10-21-2025 by L.L. No. 6-2025]
A.
Purpose. The purpose of this section is to establish regulatory controls to ensure that certain businesses are operated in accordance with law, do not have a negative impact upon surrounding residential neighborhoods, or do not endanger the health, safety or welfare of persons in the Village of Solvay.
B. BAR(1) (2) BUSINESS AND BUSINESSES DRUGSTORE FOOD STORE OWNER PREMISES PROPRIETOR RESTAURANT SMOKING ESTABLISHMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
One or more of the following:
A building or portion thereof where alcoholic beverages are sold for consumption on the premises;
A building or portion thereof operated for profit or pecuniary gain or as a place of assembly where alcoholic beverages are provided by the operator of the premises, his or her agents, servants or employees, or are brought onto said premises by persons assembling there.
A bar, food store, drugstore, or smoking establishment as defined herein.
A building or portion thereof where prescription drugs are sold at retail, together with dry goods or beverages.
A building or portion thereof with a total floor space less than 20,000 square feet which is devoted, in whole or part, to the sale of dry goods and food and beverages to be consumed off the premises.
Includes the owner or owners of the freehold of the premises or lesser estate therein who appears as the owner of record with the Onondaga County Clerk's Office, as well as any person, agent, firm, entity or corporation having any legal or equitable interest in the property at the time a notice, order or other document is issued by the office of Code Enforcement.
The building in which the business is located, as well as accessory structures and uses, including parking lots, and the land on which the building is located.
An owner and/or operator or future owner and/or operator of the business specified on a particular certificate of use for a particular business location.
A building or portion thereof where food is sold to be consumed on or off the premises. This definition shall not include a building or portion thereof where a non-alcoholic beverage or snack is available but is incidental to the conduct of the business at the premises or a college or university's dining halls.
A building or portion thereof where tobacco products and paraphernalia, which includes but shall not be limited to cigarettes, cigars, pipes, Kreteks (clove cigarettes), hookahs, and Shisha, are used and/or consumed on the premises.
C.
Certificate of use required.
(1)
No proprietor shall operate or maintain a business within the Village of Solvay without first having obtained a certificate of use or conditional certificate of use authorizing the operation of said business by said proprietor at the specific business location.
(2)
No owner shall allow a business to be operated or maintained at the premises without requiring proprietor to obtain a certificate of use or conditional certificate of use authorizing the operation of said business by said proprietor at the specific business location.
(3)
Any business operating without a valid certificate of use shall be considered "unlawful" pursuant to the provisions of Section 107.1.4 of the 2010 Property Maintenance Code of New York State and may be subject to immediate closure by the Office of Code Enforcement.
D.
Application.
(1)
An application for a certificate of use shall be made by the owner or the proprietor to the Office of Code Enforcement on forms prescribed by the Code Enforcement Officer. The application shall request relevant information relating to the owner, proprietor and the business to be conducted at the premises, including the existence of necessary licenses and permits for the business.
(2)
Applications for a certificate of use are to be submitted by the owner or proprietor, including a proprietor who does not yet own and/or operate the subject business, but will own and/or operate the subject business within the next 90 days.
(3)
In the event the application is not approved, the owner and proprietor shall be advised as to the specific requirements which must be met to qualify for a certificate of use and of the right to a hearing on such determination.
(4)
In the event the Code Enforcement Officer determines after the Village of Solvay's review of the application pursuant to Subsection E of this section that the business is not qualified for a certificate of use based upon any requirement which the Code Enforcement Officer determines cannot be complied with by means of an extension of time under Subsection L(2) of this section, the Code Enforcement Officer shall notify the owner and proprietor in writing of the reasons the application cannot be approved and provide notice to the owner and proprietor of the right to a hearing on such determination. Any such hearing shall be requested in writing to the Code Enforcement Officer within 15 days of the date of such notice of determination that the application cannot be approved.
(5)
A hearing, when requested, shall:
(a)
Be held before the duly appointed Hearing Committee comprised of three members appointed annually by the Village Board of Trustees and which shall consist of a representative of the Police Department, the Codes Committee, and the Village Board of Trustees;
(b)
Be recorded by a stenographer;
(c)
Take place no later than 15 business days after the Code Enforcement Officer receives the written request from the owner or proprietor for the hearing. The Code Enforcement Officer may adjourn the date only upon the owner or proprietor presenting compelling reason(s) in writing that an adjournment of the hearing date is warranted;
(d)
The owner and proprietor shall be allowed to be represented by counsel and shall be allowed to call witnesses on their behalf and conduct cross-examination of all witnesses.
(6)
Upon receipt of the transcript of the hearing, the Village Legal Counsel or his/her designee shall have the transcript and all exhibits from the hearing forwarded to the Village Board. The Village Board shall review the transcript and exhibits and within 30 days from receipt of the transcript and exhibits, render a written determination to the Code Enforcement Officer as to whether the application for a certificate of use should be approved or denied.
(7)
The Code Enforcement Officer shall notify the owner/proprietor of the determination of the Village Board within 30 days by service upon the owner/proprietor of a written order encompassing the determination of the Village Board.
E.
Inspections and investigations.
(1)
Upon receipt of an application for a certificate of use, the Code Enforcement Officer or his/her designee, and the chief of fire and his/her designee, shall inspect the premises to determine whether the proprietor and owner are complying with the laws and ordinances which they are charged with enforcing. The Chief of Police, the Code Enforcement Officer, and the chief of fire along with members of their staff shall have the right to enter upon any premises for which a certificate of use is sought for the purpose of making such an inspection during normal business hours, and shall also have the authority to seek warrants where necessary.
(2)
Upon receipt of an application for a certificate of use, the Village of Solvay Zoning Board of Appeals/Planning Board shall review the location to ensure that the operation of the business at that location will be compliance with the zoning ordinance.
(3)
The Code Enforcement Officer or his/her designee shall determine that the owner and proprietor do not have an expired conditional certificate of use, are not serving a period of suspension, have not had a previous certificate of use or conditional certificate of use revoked, are not the subject of pending charges brought for violations of the terms and conditions of a certificate of use or conditional certificate of use, and that the owner and proprietor have procured all necessary licenses and permits for the business.
F.
Issuance of certificate of use and conditional certificate of use.
(1)
A certificate of use shall be issued when the following conditions have been satisfied:
(b)
The application form has been completed and accepted by the Office of Code Enforcement;
(c)
The owner and proprietor have all necessary licenses and permits for the business;
(d)
The proprietor does not have an expired conditional certificate of use, a certificate of use or conditional certificate of use that is under suspension, a previous certificate of use or conditional certificate of use revoked, and/or does not have charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use;
(e)
The owner and the proprietor do not owe the Village any money for delinquent taxes, civil penalties, parking tickets or other duly incurred charges, fines or penalties; and
(2)
A conditional certificate of use may be issued where the Code Enforcement Officer or his/her designee has decided to issue a conditional certificate of use where the following conditions have been satisfied:
(b)
The application form has been completed and accepted by the Office of Code Enforcement;
(c)
The owner and proprietor have all necessary licenses and permits for the business;
(d)
The proprietor does not have an expired conditional certificate of use, a certificate of use or conditional certificate of use that is under suspension, a previous certificate of use or conditional certificate of use revoked, and/or has charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use revoked, and/or has charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use;
(e)
The owner and proprietor do not owe the Village any money for delinquent taxes, civil penalties, parking tickets or other duly incurred charges, fines or penalties; and
(f)
The owner or proprietor provides a signed, notarized writing on a form provided by the Code Enforcement Officer, stating their intention to take the necessary action to comply with the requirements given them by the applicable Village officials in Subsection E for the approval of their application for a certificate of use.
(3)
A conditional certificate of use shall contain a date by which the owner or proprietor who signed the notarized writing submitted to the Code Enforcement Officer must comply with the requirements for approval by the applicable Village officials in Subsection E of this section. A conditional certificate of use shall not be extended for any reason.
(4)
Upon completion of the requirement set forth in the conditional certificate of use and the approval of the owner's application by said Village officials, the Code Enforcement Officer shall issue a certificate of use to the proprietor for the business in accordance with the terms of this section.
(5)
Both certificates of use and conditional certificates of use shall include the date on which the certificate of use or conditional certificate of use will expire.
(6)
Certificates of use and conditional certificates of use shall be conspicuously posted in a window or door so that they are visible from the closest public right-of-way.
(7)
Certificates shall be issued or denied within 90 days after an application is completed. Nothing herein shall require the Code Enforcement Officer to issue or deny a certificate of use within such period if the necessary reviews and approvals by the Village officials in Subsections E and F have not been completed.
G.
Operation of businesses.
(1)
The proprietor of any business shall comply with all provisions of federal and state statutes and rules and regulations and all Village of Solvay local laws, ordinances and rules and regulations relating to the conduct of businesses and the occupation, use and maintenance of the premises in which the business is located. Moreover, owners and proprietors shall comply with any and all notices, orders, decisions and determinations made by any Village official which governs the occupation and use of the business.
(2)
The proprietor of any business shall cause the certificate of use to be posted in a conspicuous place visible to the public on the premises of the business.
(3)
The proprietor of any business shall not permit at any time a greater number of persons on the premises than the capacity approved by the Village of Solvay.
(4)
The proprietor of any business shall maintain good order on and about the premises at all times. The proprietor of any business shall also be responsible for removing refuse from the premises and obstructions from the sidewalk adjacent to the premises as well as for operating the business in accordance with the requirements of all state statutes, rules and regulations and all Village of Solvay local laws, ordinances and rules and regulations, and for operating the business so that neither the business nor its patrons become a source of disruption to other building tenants or a source of disruptions on the sidewalks, streets or other private property in the vicinity of the business. The term "failure to maintain good order" shall include, but not be limited to the following:
(a)
Allowing or permitting the premises to become disorderly, including allowing or permitting offenses against public order in violation of Chapter 120 of the General Legislation Code of the Village of Solvay, as amended.
(b)
Gambling in violation of Chapter 93, of the General Legislation Code of the Village of Solvay, as amended.
(c)
Prostitution.
(d)
Illegal possession, use, gift, sale, or offer for sale of alcoholic beverages.
(e)
Illegal possession, use, gift, sale or offer for sale of cigarettes or tobacco products.
(f)
Food stamp or welfare fraud or criminal diversion of prescription medications and prescriptions.
(g)
Littering in violation of Chapter 96 of the General Legislation Code of the Village of Solvay, as amended.
(h)
Possession, use, gift, sale, or offer for sale of illegal drugs.
(i)
Noise Control Ordinance violations in contravention of § 126-7 of the General Legislation Code of the Village of Solvay, as amended.
(j)
Possession of stolen property.
(k)
Operating beyond the legal hours of operation.
(l)
Illegal possession, use, gift, sale or offer for sale of dangerous weapons.
(m)
Violations of New York State Uniform Fire Prevention and Building Code and the Village of Solvay's Zoning Ordinance, Fire Prevention and Building Construction Code, Flood Damage Prevention Code, Unsafe Buildings Code, Electrical Standards Code, Utilities Code, Illicit Connections, Activities and Discharges to Storm Sewer System Code and Stormwater Management Code.
H.
Fees. The fee for a certificate of use, both for initial applications for a certificate of use and for renewals of a certificate of use shall be $100 every two years.
I.
Expiration of the certificate. Certificates of use shall be valid for a period of two years from the date of issuance, unless the certificate is suspended or revoked pursuant to this section. The date of expiration shall be printed on the certificate.
J.
Renewal of the certificate.
(1)
No later than 60 days prior to the expirations date of the certificate of use, the owner of the applicable business shall apply for the renewal of the business's certificate of use with the Office of Code Enforcement on a form provided by the Code Enforcement Officer. The period of renewal shall be listed on the certificate of use when it is issued.
(2)
The issuance or denial of renewals of certificates of use shall follow the requirements set forth is Subsection F.
(3)
Failure to apply for and obtain a renewal of a certificate of use may result in the business being closed as unlawful, pursuant to Section 107.1.4 of the 2010 New York State Property Maintenance Code, until the renewal certificate of use is issued. Failure of the Code Enforcement Officer to provide such form shall not relieve the owner from the obligation to comply with this section.
K.
Transfer of the certificate.
(1)
Certificates of use shall not be transferred or assigned in the event of any change involving that proprietor, the type of business, or the business location. A new certificate of use shall be required if the certificate holder changes the type of business at the location or relocates the business, or if another person wishes to operate the same business or a new business at the location.
(2)
The proprietor of any business that has a certificate of use shall notify the Code Enforcement Officer within five business days following the date when such owner transfers, signs, sells, closes or moves the business. Upon being notified, the Code Enforcement Officer shall cancel the certificate of use for the business.
L.
Failure to apply for certificate of use.
(1)
In the event the owner or the proprietor shall fail to apply for a certificate of use as required herein, the Code Enforcement Officer shall notify the owner in writing of such violation pursuant to the procedure set forth in Subsection D(4) of this section. The Code Enforcement Officer may, but is not required to, also provide such notice of violation to the proprietor if the proprietor's information is known.
(2)
In the event the owner or the proprietor is provided with notice pursuant to Subsection L(1) and neither submits the required application within the time set for the correction of the violation, the Code Enforcement Officer and/or his/her designee may treat the failure to apply for the certificate of use the same as any other violation of this section shall be treated. Additionally, the business may be deemed unlawful pursuant to Section 107.1.4 of the 2010 New York State Property Maintenance Code and subject to immediate closure by the Office of Code Enforcement.
M.
Operation of business. The proprietor of a business subject of the provisions of this section must obtain a certificate of use or conditional certificate of use prior to the commencement of any business operations. In the event an application is approved, the Code Enforcement Officer shall issue the proprietor a certificate of use in accordance with the terms of this section. In the event the application is denied, the provisions of Subsection D(7) shall be followed.
N.
Suspension or revocation of certificate of use.
(1)
Any certificate of use or conditional certificate of use issued pursuant to this section may be suspended or revoked by the Code Enforcement Officer in accordance with the provisions of this section based on:
(2)
In the event a proprietor issued a certificate of use has failed to maintain good order at the subject business as required by the Code Enforcement Officer is authorized to conduct a suspension or revocation hearing on notice to the owner and proprietor to determine whether the certificate of use should be suspended or revoked based on the violations as set forth in the notice. Notice shall be served pursuant to the service rules set forth in Article 3 of the New York State Civil Practice Law and Rules.
(a)
A copy of the hearing notice shall be sent to the district councilor in whose district the subject business is located.
[1]
In the event the district councilor and/or his/her constituents wish to provide testimony to be considered by the Hearing Committee or Village Board, they shall be allowed to submit written statements made under penalty of perjury before a notary public. Such statements shall be forwarded to the Code Enforcement Officer no less than 15 days prior to the day of the hearing. The Code Enforcement Officer shall send, via certified mail, copies of the written statements to the owner and proprietor at the address to where service of the notice of hearing was made no less than 10 days prior to the day of the hearing. The original written statements shall be delivered by the Code Enforcement Officer to the Hearing Committee prior to the day of the hearing.
(b)
The suspension or revocation hearing shall be scheduled for a date no fewer than 30 days and no more than 60 business days after the date upon which the owner and proprietor are served with the notice of the hearing. The Code Enforcement Officer may adjourn the date only upon the owner or proprietor presenting compelling reason(s) in writing that an adjournment of the hearing is warranted.
(c)
The suspension or revocation hearing shall be held before the Hearing Committee. The Hearing Committee shall consider as evidence any written testimony that was provided pursuant to Subsection N(2)(a)[1] above. Oral testimony from members of the public shall not be heard. Strict adherence to the New York Rules of Evidence shall not be necessary.
(d)
The suspension or revocation hearing shall be recorded.
(e)
The owner and proprietor shall be allowed to be represented by counsel and shall be allowed to call witnesses on their behalf and conduct cross-examination of all witnesses. Additionally, the owner and/or proprietor shall be allowed to testify and/or submit evidence to respond to any written testimony previously submitted pursuant to Subsection N(2)(a)[1] above.
(f)
Upon receipt of the transcript of the hearing, the Code Enforcement Officer shall have the transcript and all exhibits from the hearing forwarded to the Village Board. The Village Board shall review the transcript and exhibits and within 30 days from receipt of the transcript and exhibits, render a written determination to the Code Enforcement Officer as to whether the certificate of use should be revoked, suspended or remain valid.
(g)
30 days after receiving from the Village Board's determination, the Code Enforcement Officer shall issue a written order containing the Board's determination.
(3)
Notwithstanding the provisions above, the Code Enforcement Officer shall be authorized to temporarily suspend a certificate of use prior to a suspension or revocation hearing in the event that the owner or proprietor has failed to maintain good order at the subject business as required by Subsection O, and the proprietor has been convicted of a felony or misdemeanor involving theft or fraud since the time the certificate of use was issued.
(4)
In the event the Village of Solvay has commenced enforcement proceedings against a property owner to abate a nuisance in accordance with Chapter 120 of the General Legislation Code of the Village of Solvay, relative to a premises containing a business subject to the certificate of use requirements of this section, a copy of the notice of hearing shall be given to the business at the address provided for notice in connection with a certificate of use, along with a written notice that in the event the business location is closed as a result of the nuisance abatement proceeding, the certificate of use shall be revoked for the period of such closing and the business shall remain closed for the period provided in such nuisance abatement order.
(5)
The action of the Village of Solvay, its Board and/or Code Enforcement Officer in granting or refusing to grant or to renew a license under this section or in revoking or suspending or refusing to revoke or suspend such a license or imposing any fine or reprimand shall be subject to review by a proceeding instituted under Article 78 of the Civil Practice Law and Rules at the instance of the applicant for such license, the holder of a license so revoked, suspended, fined or reprimanded or the person aggrieved.
O.
Failure to maintain good order at the business location.
(1)
For the purpose of this section, the owner of a business holding a certificate of use or conditional certificate of use shall be deemed to have failed to maintain good order at the business location in the event a sufficient number of violations are found to have occurred relative to separate incidents at the subject premises, resulting in the accumulation of 12 or more points within a period of 12 months or 18 or more points within a period of 24 months in accordance with the following point system:
(a)
Violations of the following state statutes and rules and regulations and Village of Solvay local laws, ordinances and rules and regulations, which have not resulted in a conviction or judgment, shall be assigned a point value of four points:
[9]
Chapter 7-A of the Consolidated Laws, known as the Cannabis Law;
[17]
Article 178 of the Penal Law - Criminal Diversion of Prescription Medications and Prescriptions;
[19]
Any violation of the New York State Uniform Fire Prevention and Building Code and the Village of Solvay's Zoning Ordinance, Fire Prevention and Building Construction Code, Flood Damage Prevention Code, Unsafe Building Code, Electrical Standards Code, Utilities Code, Illicit Connections, Activities and Discharges to Storm Sewer System Code and Stormwater Management Code which is life threatening and/or necessitates the declaring of the premises as "unfit for habitation."
(b)
Violations of the following state statutes and rules and regulations and Village of Solvay local laws, ordinances and rules and regulations, which have not resulted in a conviction or judgment, shall be assigned a point value of three points:
[1]
The New York State Uniform Fire Prevention and Building Code and the Village of Solvay's Zoning Ordinance, Fire Prevention and Building Construction Code, Flood Damage Prevention Code, Unsafe Buildings Code, Electrical Standards Code, Utilities Code, Illicit Connections, Activities and Discharges to Storm Sewer System Code and Stormwater Management Code;
[2]
Operating a business during hours which the business is required to be closed pursuant to the State of New York's statutes and rules and regulations and/or the Village of Solvay's local laws, ordinances and rules and regulations;
[3]
Allowing persons on the premises in excess of occupancy limits;
[4]
[5]
Village of Solvay Peace and Good Order Ordinance, Chapter 126 of the General Legislation Code of the Village of Solvay; specifically to include but not limited to the following offenses:
[6]
Chapter 120 of the General Legislation Code of the Village of Solvay, Nuisances; specifically to include but not limited to the following offenses as stipulated in Chapter 120 - 3, Definitions, "public nuisances," Subsection D, Miscellaneous:
[a]
Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness;
[b]
Operating a business at the premises in a manner which causes it to be a source of disruption for the neighborhood and/or a focal point of police attention;
[c]
Activities which result in numerous police investigations within a six-month period of time;
[d]
Permitting situations or conditions which allow rodents, insects and other vermin to live on or in real property and/or failing to take reasonable actions to abate, eliminate and/or exterminate rodents, insects, and other vermin when the landowner, occupant or user of such real property becomes aware or should have known of the existence of such rodent, insect and vermin infestation. It is the intention of this section to declare rodent, insect, and vermin infestation as a public nuisance and to take whatever actions are permitted to declare those persons responsible for the infestation, including, but not limited to, occupants, owners, or any other entity occupying said real property;
[7]
Failure to have an entertainment and/or amusement license where the business's current operation so requires.
[8]
Allowing or permitting the premises to become disorderly, including allowing or permitting offenses against public order by patrons or employees of the business, both on and off the premises, specifically to include but not limited to the following offenses:
[a]
Excessive noise and lewdness;
[b]
Assault and riots;
[c]
Unlawful gatherings and loitering;
[d]
Vandalism;
[e]
Illegal gambling and prostitution;
[f]
Manufacture, use, sale or distribution of controlled substances;
[g]
Open container violations;
[h]
Obstruction of free use of a public street;
[i]
Other public disturbances such as pollution, smoke, excessive light, illegal pollution or dumping, and foul odors;
(3)
For purposes of this section, where more than one violation of the state statutes and rules and regulations and Village of Solvay local laws, ordinances and rules and regulations set for above in Subsection O(1) occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
(4)
Business that have a conditional certificate of use shall be subject to this section and any points they accumulate prior to the issuance of the certificate of use shall be carried forward to such certificate of use.
P.
Notice to owners relative to accumulated points.
(1)
In the event that it shall come to the attention of the Code Enforcement Officer or his/her designee that a business issued a certificate of use prior to this section has accumulated as provided by Subsection O hereof, eight or more points in any six-month period or 12 or more points in any eighteen-month period, the Code Enforcement Officer or his/her designee shall transmit to the owner or the proprietor, where applicable, by certified mail at the address specified in the application for said certificate of use, a letter advising the owner or the proprietor of the number of points accumulated and warning the owner or the proprietor, where applicable, of the possibility of suspension or revocation of the subject certificate of use upon accumulation of the 12 or more points in a twelve-month period or 18 or more points in a twenty-four-month period.
(2)
The failure of the Code Enforcement Officer or his/her designee to transmit a warning letter pursuant to Subsection P(1) hereof or the failure of the owner or his/her/their designee, or proprietor, where applicable, to receive a warning letter shall in no event be a defense to suspension or revocation of the certificate of use or criminal or civil penalties or an injunction as provided for in this section.
Q.
Promulgation of policies and procedures. A committee comprised of the Code Enforcement Officer or his/her designee, the Chief of Police or his/her designee, the Commissioner of Finance or his/her designee, and the Chairperson of the Zoning Board of Appeals/Planning Board or his/her designee may promulgate administrative policies and procedures to carry out and give full effect to the provisions of this section. A copy of the policies and procedures promulgated by this committee shall be filed with the Solvay Village Clerk's Office.
R.
Severability. In the event any clause, sentence, paragraph, section or part of this section shall be finally adjudged by a court of competent jurisdiction to be invalid, unlawful and/or constitutional, such determination shall not affect, impair or invalidate the remainder thereof but shall be limited to the portion directly involved in the determination and the remainder of this section shall remain in full force and effect.
S.
Access to the premises for inspections. In additional to the requirements set forth in Subsection E, officers and employees of any Village departments with responsibility to enforce or assist the Code Enforcement Officer in enforcing this section shall have the right of access to any business subject to any business subject to the terms of this section for the purpose of making an inspections during normal business hours and the village of Sovay shall also have the authority to seek inspection warrants where necessary to properly administer this section.
T.
Annual report to the Village Board of Trustees. Every year the Code Enforcement Officer or his/her designee shall prepare and submit to the Village of Solvay Board of Trustees an annual report detailing the number of businesses that have a certificate of use and the number and names of businesses that have had their certificate of use suspended and/or revoked pursuant to this section. The annual report should be transmitted to the Village Board no later than April 1 in the year in which the annual report is due with the first annual report being due no later than April 1, 2025.
U.
Penalties - criminal and civil.
(1)
Criminal penalties: Any owner of proprietor who having been served with a notice or order to correct or remove any violations of this section who fails to comply with such notice or order within the time period fixed by the Code Enforcement Officer shall be guilty of an offense and upon conviction shall be punishable by a fine of not less than $50 nor more than $150 or imprisonment for not more than 15 days, or both, for each offense.
(2)
Civil penalty - Imposition of cumulative civil penalty: Any owner or proprietor who having been served with a notice or order to correct or remove any violation of this section shall be subject to a cumulative civil penalty of $100 per day for each separate violation for the date set for correction in the notice or order until the violation is corrected. The penalty may be corrected by the Village Legal Counsel by action or special proceeding against the owner or proprietor.
(3)
Enforcement of civil penalty.
(a)
The Village Legal Counsel may maintain an action or special proceeding in a court of competent jurisdiction for the recovery of civil penalties, together with costs and disbursement.
(b)
In addition to any action or special proceeding for civil penalty as provided in Subsection U(1)(a) above, the Village Attorney may, where the owner or proprietor has failed to correct the violation(s) set forth in any notice or order issued pursuant to this section, bring such action or special proceeding as necessary to enjoin the owner from continuing to operate or maintain any business in violation of the terms of this section.
V.
Enforcement. The enforcement by the Village of Solvay of this section in the manner provided herein shall not be deemed to limit in any manner the Village of Solvay's authority to enforce the provisions of other federal, state and local laws, ordinances, rules and regulations against businesses covered by this section.
§ 165-45 Garage sales.
[Added 10-28-2025 by L.L. No. 13-2025]
This section shall be known and may be cited as the "Garage Sale Law of the Village of Solvay, New York." This section is established to control and regulate the conducting of sales, commonly referred to as "garage sales," within the Village of Solvay in order to protect the public health, safety and convenience and to restrict sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on. The further purpose of this section is to eliminate the perpetual, prolonged and extended garage sales.
A.
Definitions. As used in this section, unless the context or subject matter otherwise requires, "garage sale," "porch sale," "tag sale," "attic sale," "barn sale" or "yard sale" (or a sale of a similar character, herein referred to as "garage sale") means the sale of items of tangible personal property, including, but not limited to, furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools, and similar items used about a household or person in the normal course of living in or maintaining a residence.
B.
Unlawful activity. It shall be unlawful for any person to conduct a garage sale within the Village except in accordance with the provisions of this section.
C.
Days and hours of operation. A garage sale may be conducted for no more than four consecutive days, commencing no earlier than 8:00 a.m. and concluding no later than dusk. There shall be no more than three garage sales at any property or location during the calendar year.
D.
Signs.
(1)
Not more than five signs, each of which shall be no larger in size than two feet by two feet, may be used to advertise a garage sale. Such signs shall be displayed no earlier than 24 hours prior to the sale and shall be removed immediately after the sale is concluded.
(2)
No sign or other display advertising the sale shall be placed on the public right-of-way.
E.
Location. A garage sale may be conducted only on the property owned, leased, or rented by a person conducting the sale. Multiple-family sales are encouraged and permitted, provided that the sale is conducted on property owned, leased or rented by one of the participants.
F.
Decorum; new or consigned merchandise; display of property.
(1)
The person(s) conducting a garage sale shall be responsible for the maintenance of good order and decorum on the property during the garage sale and shall not permit the parking of motor vehicles on or about the public streets or such other premises which would impede the flow of vehicular traffic or obstruct or impede pedestrian traffic on the sidewalks of the Village. No hawking or public address devices or system shall be permitted.
(2)
No item purchased or acquired for resale or obtained on consignment may be offered for sale.
(3)
Items offered for sale may only be displayed within the residence, in a garage or carport, or in a yard, and not in any public right-of-way or elsewhere. All remaining items, tables, other display apparatus and debris shall be removed from public view immediately after the sale is concluded.
G.
Exemptions. This section shall not apply to:
(1)
A person selling personal property pursuant to an order or process of a court of competent jurisdiction, or to any public official acting pursuant to and within the scope of his or her authority.
(2)
Any person advertising in a publication of general circulation the sale of not more than five items of tangible personal property which are specifically named or described in the advertisement and not displayed to the public at large.
(3)
Any sale of personal property authorized or licensed pursuant to any state or local law, ordinance, rule or regulation.
(4)
Any charitable, educational, cultural, fraternal, religious, civic, service or other not-for-profit corporation or voluntary association.
(5)
Any auction or bona fide estate sale of all or substantially all of the contents of a household.
(6)
Any sale conducted by a mercantile or other business establishment from or at a place of business wherein such sale would be permitted under this Code.
(7)
Any Village-wide garage sale.
H.
Penalties. Any person committing an offense against any provision of this section may be guilty of a violation punishable by a fine of no more than $1,000, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
§ 165-46 Electric bicycles, motorized scooters and other motorized mobility devices.
[Added 10-28-2025 by L.L. No. 12-2025]
A.
Legislative intent: It is the intent of this section to regulate the use of electric bicycles, motorized scooters, and other motorized mobility devices within the Village of Solvay, in response to serious safety concerns raised by Village residents.
B. BICYCLE LANE BICYCLE PATH DESIGNATED STREETS ELECTRIC BICYCLE(1) (2) (3) MOTORIZED MOBILITY DEVICES MOTORIZED SCOOTERS
Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
A bicycle lane is any portion of a roadway or highway which is designated by pavement markings and signs for preferential or exclusive use by bicycles.
A bicycle path is any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.
All streets within the Village of Solvay.
An electric bicycle is a bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which meets the requirements of one of the following three classifications:
CLASS 1 ELECTRIC BICYCLEMeans an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
CLASS 2 ELECTRIC BICYCLEMeans an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
CLASS 3 ELECTRIC BICYCLEMeans an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 28 miles per hour.
Any personal device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on one or more wheels including, but not limited to, boards, skateboards, skates, hoverboards, or other similar personal mobility devices. This definition shall not include golf carts or a motorized wheelchair or similar mobility device used for mobility purposes by persons with disabilities.
A motorized scooter is any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground. This term does not include an electric bicycle.
C.
Prohibited use.
(1)
Designated streets. Unless otherwise authorized under this section, all Class 1, Class 2, and Class 3 electric bicycles, motorized scooters, and motorized mobility devices shall be prohibited from being operated on designated streets, including streets and highways, sidewalks or sidewalk areas, or upon any bicycle path, multiuse path, or trail network under the jurisdiction of the Village of Solvay, between the hours of 9:00 PM and 6:00 AM, and shall be likewise prohibited from being operated by any individual under 16 years of age at any time.
(2)
The provisions of this section shall not apply to:
D.
Enforcement.
(1)
The Solvay Police Department shall be responsible for enforcing this section.
(3)
The Village Mayor is authorized to adopt an administrative regulation providing for procedure and penalties for impoundment of electric bicycles, motorized scooters, and other motorized mobility devices for violations of this section. Any proposed regulation shall be adopted by the Village Board only after public comment and public notice as may be required by law.
§ 165-47 Property maintenance and controlling junk.
[Added 10-21-2025 by L.L. No. 9-2025]
A.
Declaration of purpose and application.
(1)
It is hereby declared to be the policy of the Village of Solvay (hereinafter the "Village") to provide for the proper use of land to prevent unhealthy, hazardous, or unsightly conditions due to the accumulation of yard waste, weeds, junk, garbage, rubbish, litter, debris and construction equipment, in order to protect the public health, safety and general welfare of the residents of this Village. This section is intended to provide to the residents of the Village, and to the owners and occupants, the responsibilities of the minimum requirements and standards in order to protect the public health, safety and general welfare of the residents of the Village insofar as they are affected by the occupancy and maintenance of structures, equipment and exterior property.
(2)
The Village hereby declares that a clean and wholesome environment is of vital importance to the continued general welfare of its citizens, and that the regulation of the deposit, accumulation, or maintenance of junk regardless of the quantity is hereby prohibited. By adoption of this section, the Village declares its intent to preserve and promote a reasonable quality of environment and aesthetics and to prohibit actions and conduct that tend to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the community generally. It is the Village's expressed desire and intent that residents and/or property owners comply with all Village codes so as to maintain clean, safe and sanitary properties, and property values of all parcels.
(3)
By this section, the Village seeks to remove such threats to health, life, property, and property values by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish and/or weeds, and remove all types of junk and construction equipment, as described in the definitions section below, and to further refrain from placing such items in a public right-of-way or easement, for prevention from being carried away or disrupted by animals and the elements.
(4)
All structures and premises located within the Village, whether occupied or vacant, shall be maintained in conformity with the currently enacted Property Maintenance Code of New York State, and the standards set out in this section so as to assure that none of these structures or premises will adversely affect their immediate neighbors or neighborhood, or the larger community.
(5)
It is the Village's desire that residents and/or property owners comply with Village codes and comply with the violation notices and time frames rather than having to force compliance through legal means and actions. It is the expressed desire and intention of the Village to give the resident and/or property owner the opportunity to rectify any code violation based upon a warning notice of the violation within a period of 14 days from the courtesy warning notification. The warning notification may be a courtesy phone call; a letter sent regular mail or a visit from the Code Enforcement Officer. The first notification of violation following the warning will be served as provided in the Civil Practice Law and Rules. If the resident and/or property owner fails to rectify the violation within the warning time frame, then the violation time frame shall be considered to have commenced on day 15 following the warning period which will be considered the date of the initial notification of the violation by the Village official.
B.
Conflicting provisions. The provisions of this section shall apply in addition to the provisions of any other local law or ordinance adopted by the Village. Where there is a conflict, the more restrictive provision shall apply. The provisions of this section shall also be applicable to conditions existing at the time of enactment.
C. ANTIQUE MOTOR VEHICLE BRUSH CLASSIC MOTOR VEHICLE CONSTRUCTION EQUIPMENT CONSTRUCTION/DEMOLITION DEBRIS GARBAGE GRASS JUNK JUNK MOBILE OR MANUFACTURED HOME JUNK MOTOR VEHICLE JUNK WATERCRAFT MOTOR VEHICLE NOXIOUS PLANTS OWNER OWNER OF A MOTOR VEHICLE RUBBISH(1) (a) (b) (c) (d) (e) (2) SEASONAL MOTOR VEHICLE SOLID WASTE WEEDS WORKING/FARM OPERATION YARD WASTE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to, or will be maintained in or restored to, a condition which is substantially in conformance with the manufacturer's specifications.
Uncultivated woody shrubs and/or immature trees.
A motor vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, which because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.
Includes, but is not limited to, backhoes, cement mixers, loaders, excavators, skid steers, and dump trucks over 10,000 pounds.
Includes, but is not limited to, brick, stone, lumber, pipes, cement, and other building materials no longer intended for or in condition for ordinary use.
Animal, food, and vegetable waste resulting from the growing, handling, processing, cooking, and serving of foods, marketing and preparation, and storage, sale, of food items, including containers in which it is packaged, and clippings.
Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering and may also be used as ground covering for the establishment of drainage swales, flood routes or water detention basins.
Worn out, discarded, inoperable, abandoned, irreparably damaged, unusable, scrapped materials of little or no value, including, but not limited to, small and large appliances, furniture, manufactured and/or mobile homes, motor vehicles, accessory vehicles, seasonal vehicles such as campers, RVs (recreational vehicles), watercraft, ATVs (all-terrain vehicles), swimming pools, hot tubs, spas, and tires as well as scrap metal waste which is stored outside of any residence or enclosed structure.
Abandoned for seven months or more or discarded structure, or part thereof, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, if erected on a site, is 320 or more square feet, and which is built on a permanent chassis or foundation/slab and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. To qualify as a junk mobile or manufactured home, the dwelling must meet two out of three of the following:
Any motor vehicle or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle, which is:
Any abandoned or discarded boats (including motorized and nonmotorized), canoes, kayaks, and jet skis, all of which may or may not be required to be licensed and which are unusable due to mechanical defects.
Any vehicle, as defined by New York State Vehicle and Traffic Law, which is required to be licensed, including all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways, including, but not limited to, automobile, including antique and classic cars, bus, trailer, truck, tractor, motor home, RV, motorcycle and minibike. The vehicle shall not be, at any time, in a state of major disassembly, disrepair or in the process of being stripped or dismantled.
Those plants that are dangerous to the physical health of humans, animals, or plants or capable of causing damage to humans, animals, or plants. Noxious plants shall include, but are not limited to, poison ivy, poison oak, and poison sumac.
Includes an individual or individuals, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.
A person, other than a lien holder, having possession or title to a motor vehicle. The term includes person entitled to the use and possession of a motor vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle having the exclusive use thereof, under a lease or otherwise, for a period of 30 days or greater.
Shall include, but is not limited to, the following:
Lumber, junk, debris, building, construction or demolition materials/debris, or any other deleterious materials.
Any abandoned, discarded or unused objects or equipment, such as, but not limited to, automobile parts, furniture, stoves, refrigerators, freezers, appliances, cans, containers, vehicle tires, inoperable lawn and snow equipment, whether motorized or not, and any lawn furniture, or children's play or playground equipment, swimming pools, hot tubs and spas, and any and all tangible personal property no longer intended or in condition for ordinary and customary use.
Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals, or insects.
Any unsanitary matter or materials.
Solid waste and garbage.
However, for purposes of this section, the term "rubbish," shall not include any of the foregoing if stored within enclosed containers.
A vehicle to be used during a specific time period in the Village as per typical seasons, such as, but not limited to: 1) running from April 16 to October 31; and 2) only during the Village-determined winter parking season which runs from November 1 to April 15. Such seasonal vehicles may include, but are not limited to, a motor vehicle with or without a removable roof, jet ski, a boat, whether or not motorized, ATV, snowmobile, and snowplow truck less than 10,000 pounds and recreational vehicle.
As defined in those materials specified in Title 6 of New York Codes, Rules and Regulations, § 360.2, as the same may be amended, superseded, or replaced.
Wild, useless, uncultivated plants and vegetation growing at random in inappropriate locations and at the whim of nature in locations not specifically intended.
Shall have the same meaning as set forth and defined by the New York State Agriculture and Markets Law.
Vegetative or organized plant materials resulting from lawn maintenance or other horticultural gardening or landscaping activities and includes, but is not limited to, grass, leaves, pruning, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush, shrubs, including clippings and old matter from flower gardens, and tree trimmings/limbs up to four inches in diameter, Christmas trees and garden materials.
D.
Prohibited acts.
(1)
It shall be unlawful for any person to store, deposit, place or maintain or cause or permit to be stored, deposited, placed or maintained outdoors, any "junk," "rubbish," or "yard waste," as described in the definitions section above, within view of the street or neighbors, upon any private or public property within the Town.
(2)
It shall be unlawful for any person to use a bus, uninhabited mobile home, truck or horse trailer, semitrailer, tank truck, motor home or flatbed trailer or similar vehicles or units for the storage of junk or rubbish on any premises or when actively used in connection with active farming or agricultural operations.
(3)
No outside storage of automobile parts, dismantled vehicles, tires, construction equipment or similar articles will be permitted. However, the restoration of vehicles may be done in residential areas, but only when performed within an enclosed building or enclosure such as, but not limited to, a garage, barn, or shed, and is not a commercial activity.
(4)
No more than one junk motor vehicle or watercraft may be stored outdoors on a property for a period not to exceed six months, provided the vehicle is fully covered by an appropriate motor vehicle covering. An appropriate motor vehicle cover must cover the entire body of the vehicle or watercraft but does not have to entirely cover the tires. Also, appropriate vehicle covers shall not include items such as, but not limited to, torn or ripped tarps, plastic, or other similar materials. Based upon extenuating circumstances, an individual may submit a request to the Code Enforcement Officer for an extension of an additional six-month period.
(5)
General prohibition. Except as provided in this section or otherwise authorized by resolution of the Village Board, no person shall place, or cause to be placed, any rubbish, junk, refuse or other waste materials on or within any road right-of-way, easement, sidewalk, public walkway, park, drain, ditch, watercourse, body of water, wetland, or any municipal property.
E.
Exclusions and exceptions.
(1)
The following instances of storing ordinary household items are exempted from the above prohibitions set forth in Subsection D:
(a)
Wood intended for consumption in a word-burning stove, furnace, fireplace, or outdoor firepit located on the property/premises or in a building on the premises.
(b)
Usable lawn and/or patio furniture.
(c)
Operable farm, garden and yard machinery and apparatuses used on the premises.
(d)
Operable hoses and sprinklers used for watering lawns or gardens.
(e)
Storage or placement and accumulation of materials in connection with a commercial operation duly conducted on the premises in accordance with the laws of the Town.
(f)
Construction materials and equipment used for the construction or renovation of building on the premises for which a building permit has been issued.
(2)
Nothing in this section shall be construed to prohibit the minor maintenance or repair of a motor vehicle on a property where the work is performed either by the property owner or occupant of the property.
(3)
Nothing in this section shall be construed to prohibit the maintenance of compost or mulch piles, provided that no garbage other than kitchen vegetable scraps and yard or garden waste is deposited in such piles, and further provided that such compost or mulch piles do not develop obnoxious odors, attract rodents or obnoxious insects, or otherwise create a hazard to the health and enjoyment of neighboring property owners, and additionally the compost piles shall not be closer than three feet from either the rear or side yards and shall not be in the front yard.
(4)
The provisions of this section related to the growth of yard waste, grass, noxious plants, brush or weeds shall not apply to any lots or land which are under cultivation in a good or husbandry-like manner, from which crops are regularly grown for actual use, to drainage areas or natural open space areas, or to a section of a subdivision which is actively under construction and is less than 75% complete.
(5)
A person wishing to display for sale on their property an unregistered motor vehicle must have a "for sale" sign in the vehicle at all times, and the vehicle may be for sale for a maximum of four months. No more than two vehicles may be sold on a property within a calendar year.
F.
Duty of owner.
(1)
It shall be a violation of this section for the owner of any lot within the Village to permit or maintain on any such lot or land, inclusive of the land between the curb line and lot line, any growth of brush, grass, noxious plants, or weeds higher than 10 inches on the average.
(2)
As used in this section, the term "lot" shall mean a building lot designed to be occupied by one or more structure(s) regardless if occupied, vacant or abandoned. Owners and/or occupants of a property with a lot size of one acre or larger must maintain and mow the grassed area which is designated as being a minimum of 30 feet from the front and both sides of the dwelling house or building and to a depth of a minimum of 40 feet behind the rear line of the dwelling house or building, whichever is less.
G.
Penalties for offenses.
(1)
Each violation of this section shall be punishable by a fine not to exceed $1,000 per day, imprisonment up to 15 days, or both. Each day's violation shall be considered a new and separate offense subject to a separate penalty.
(2)
Any person who violates any provision of this section for a second time within one year from the date of a prior conviction for a violation of this section shall be subject to a fine not to exceed $1,500 per day, imprisonment up to 15 days, or both.
H.
Notice of failure to comply.
(1)
The Code Enforcement Officer and/or Solvay Police, or such other title as may be given by the Village Board, is empowered to enforce the provisions of this section and to issue and serve appearance tickets and such other process as may be required and/or authorized by these regulations or the Criminal Procedure Law in the course of such enforcement proceedings. Any enforcement action or proceeding may be commenced upon the personal knowledge of the Code Enforcement Officer, Solvay Police or upon the sworn statement of another individual.
(2)
If any of the provisions of this section are not complied with, following the warning notification, the Code Enforcement Officer shall serve written notice and an order to remedy such violation via the following means:
(3)
Service of notice upon any owner of land, or the designated person to receive process as provided by law, shall suffice for the purposes of this section. Service of such notice shall not, however, be a required prerequisite to the prosecution of any violation of this section in any court of competent jurisdiction.
(4)
All complaints must be in writing and signed by the complainant. The statement must also give permission to the Code Enforcement Officer, Solvay Police or other Village official, to enter the complainant's property so as to view the offending property as contained in the complaint.
I.
Work done by Village; costs to become lien.
(1)
If the owner upon whom the notice is served fails, neglects or refuses to comply with said notice within 10 days after the service of such notice, or if such notice was served by posting upon the premises, then within 15 days after such posting:
(a)
The Town shall cause such noncompliance to be remedied; and
(b)
All expenses incurred in such work shall:
[1]
Be certified by the Village officer or employee overseeing the work to the Village Clerk/Receiver of Taxes; and
[2]
Thereupon become and be a lien upon the property on which such work was performed; and
[3]
Be added to and become part of the taxes next to be assessed and levied upon such lot or land; and
[4]
Bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as Village taxes.
(2)
This remedy is available to the Village in addition to such penalties and enforcement proceedings as are otherwise authorized under this section.
J.
Authorization to remedy emergency conditions; expense. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Village Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the remedy, removal or repair of such unsafe condition. The expense of such remedy, removal or repair shall be a charge against the property on which it is located and shall be assessed, levied and collected as provided above.