Stewart Manor City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 200-52 Signs.
A.
No sign shall be displayed in the Residential District other than by a public authority, except as follows:
(1)
One sign not exceeding four square feet with dimensions of two feet by two feet not illuminated. Such sign must be attached to a post, and said sign shall be placed within a distance of no more than three feet from the dwelling. The uppermost portion of said sign shall not be higher than four feet above the ground.
[Amended 12-18-2012 by L.L. No. 16-2012]
(2)
One sign or bulletin board, not exceeding 16 square feet in area, on church, library or school property giving the identification thereof or advertising the activities thereof, or both. Such sign may be attached to a building or may be displayed on a rod or post but shall not exceed six feet in height above the ground level.
B.
No sign shall be displayed in the Business District, other than by public authority, except as follows:
(1)
One sign attached to each wall of a building or storefront facing on a public street, except that no sign shall face residential property, and projecting not more than 12 inches from such wall, when used for advertising any business conducted in such building or store. The maximum overall dimensions or maximum area of each sign attached to the wall of a building or storefront shall not exceed the following:
(a)
On a building wall or storefront having a street frontage of 20 feet or less, a maximum vertical measurement of two feet and a maximum horizontal measurement of 80% of the street frontage.
(b)
On a building wall or storefront having a street frontage of more than 20 feet and not more than 50 feet, a maximum vertical measurement of two feet and a maximum horizontal measurement of 20 feet.
(c)
On a building wall or storefront having a street frontage in excess of 50 feet, a maximum vertical measurement of two feet and a maximum horizontal measurement of 20 feet.
(2)
No more than the top 1/3 area of any window fronting on a street shall be covered with any sign or signs. However, community or public service signs shall not be included in the above restriction.
(3)
A sign or notice having an area of one square foot or less of a public utility when such sign is necessary or convenient for the direction, information or safety of the public.
C.
No sign shall be illuminated unless the wall of the building or store on which such sign is displayed or painted or to which such sign is applied or attached faces upon a street where the property on the opposite side thereof is in a Business District.
D.
No sign or window display shall be equipped or displayed with moving, flashing or intermittent illumination.
E.
No sign shall be equipped with moving or rotating parts, nor shall any sign emit noise or sound.
F.
No sign shall contain iridescent or Day-Glo paint or colors.
G.
No sign or window display shall be so placed or illuminated as to be hazardous to traffic or disturbing or annoying, as determined by the Village Board.
H.
All vertical signs and roof signs are hereby prohibited, and any other signs that project more than 12 inches from the face of any building over any sidewalk, street or highway in the Village are hereby prohibited.
I.
Before any sign of a permanent nature shall be erected or changed in the Business District, an application, in writing, shall be signed and filed with the Village Clerk. A fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees) for each such sign shall be paid by the applicant at the time of filing such application, and a written permit shall be issued by said Village Clerk if it shall appear that the sign complies with the provisions of this section.
[Amended 10-3-2000 by L.L. No. 3-2000]
J.
All signs shall be maintained in a good state of repair and in good working order and shall be neatly painted.
§ 200-53 Fences.
[Amended 4-1-1997 by L.L. No. 1-1997; 10-3-2000 by L.L. No. 3-2000; 12-5-2000 by L.L. No. 5-2000; 12-5-2006 by L.L. No. 6-2006]
A.
Permit required. No person, firm, association or corporation shall hereafter erect and maintain any fence for any purpose whatsoever, without first having obtained a permit therefor from the Building Inspector.
B.
Applications for permit. All applications for a permit made to the Building Inspector shall state the purpose for which the fence is to be erected. The application shall be accompanied by a plot plan showing the proposed location thereof, a drawing showing a side elevation and a statement setting forth the length, height and thickness thereof, together with a description of the material to be used in its construction.
C.
Fees. The applicant for any such permit shall pay the fees prescribed therefor under the schedule set forth in Chapter 83 of the Village Code.
D.
Fences required in certain cases.
(1)
Excavations near a public street. Any person, firm, association or corporation owning land within the corporate limits of the Village of Stewart Manor, upon which land there is any public street, sidewalk, road or highway as a result of which the surface shall be lower than the grade of the public street, sidewalk, road or highway adjacent to said land, shall construct a chain link fence along the boundaries of such land adjacent to said public street, sidewalk, road or highway. Such chain link fence shall be constructed so as to prevent children and other persons from gaining access to said premises in which the excavation is located. Such chain link fence shall be a minimum height of seven feet in the business zone and four feet in all residential zones. The height requirements set forth in this section may be varied only in the discretion of the Building Inspector upon good cause shown.
(2)
The chain link fences provided for in this section shall be maintained until the foundation upon the subject lot is capped and backfilled.
(3)
Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of Stewart Manor, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one year, must install a chain link fence around said property in the dimensions set forth in Subsection D(1).
E.
Provisions applicable to all districts.
F.
Provisions applicable to residential districts.
(1)
Any fence in a residential district shall have its most pleasant or decorative side facing the adjacent lot or street frontage, with all posts being in the applicant's yard.
(2)
No fence shall be used, erected or maintained in, upon or along the lot lines of the front yard of any residential lot or parcel.
(3)
In the case of a corner lot, no fence shall be permitted that extends beyond the rear building lines that parallel the adjacent streets other than a four-foot fifty-percent open-weave-type construction (picket) and in no case shall the fence extend beyond the front building line. Where the fence is parallel to the rear building lines, the rear yard guidelines shall apply.
(4)
The maximum permitted heights of all walls and fences shall be as follows:
(a)
Front lot line: no fences allowed.
(b)
Side lot lines:
[1]
From the front building line to the rear building line of the principal building located on the premises: four feet, fifty-percent open-weave-type construction (picket).
[2]
From rear building line of the principal building located on the premises to the rear lot line: six feet with the top foot of open-weave-type construction (not solid).
(c)
Rear lot line: six feet with the top foot of open-weave-type construction (not solid).
(5)
Exceptions. The maximum fence height for a side or rear lot line shall be six feet with the top foot of open-weave-type construction (not solid) when and where the same actually abuts any business district.
G.
Provisions applicable to nonresidential districts.
(1)
Any fence facing a residential district or fronting a street shall have its most pleasant or decorative side facing the residential district or street, with all posts and supports being on the side of the wall or fence opposite the residential area or street, unless the same is a part of the design thereof. This relationship shall prevail where any more restrictive district abuts any less restrictive district, with all posts and supports to be located on the less restrictive district side.
H.
Replacements. Any replacement of an existing fence shall require a fence permit. All the rules of this chapter shall apply.
§ 200-54 Awnings, canopies and marquees.
A.
No person shall erect, hang or permit or allow to be erected any awning upon or in front of any building owned or occupied by him which shall project over or upon any street, sidewalk or public place in the Village of Stewart Manor unless the lowest portion of such awning shall be at least seven feet above the sidewalk of such street, highway or public place.
B.
All awnings shall be constructed of metal frames, and all awnings shall be equipped with a retracting device, and the top thereof shall be of canvas or other suitable fabric.
C.
All awnings heretofore or hereafter erected upon or in front of any building in the Village of Stewart Manor as provided in Subsections A and B hereof shall be inspected at least once in each year by the Building Inspector of the Village of Stewart Manor for the purpose of ascertaining that the same shall conform to the provisions of this chapter.
D.
Marquees, permanent canopies and other devices which shall project over or upon any street, sidewalk or public place in the Village of Stewart Manor are hereby prohibited.
E.
Before any awning shall be erected or changed in the Business District, an application in writing shall be signed and filed with the Village Clerk. A written permit shall be issued by said Village Clerk for a fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees), if it shall appear that the awning complies with the provisions of this section.
[Amended 10-3-2000 by L.L. No. 3-2000]
§ 200-55 Swimming pools.
A.
No swimming pool of a depth greater than 10 inches will be permitted to be constructed, built, erected or maintained.
B.
Exceptions.
(1)
This chapter shall not apply to the pools owned and operated and maintained by the Village of Stewart Manor.
(2)
Those residents of the Village who now own or maintain portable swimming pools shall be allowed to keep those pools and to repair and replace them with a pool of identical dimensions so long as they owned or resided at the same premises as of January 1978. All owners of such pools shall obtain a permit annually during the month of July for the continued existence of those pools.
C.
Those regulations as set forth under local Ordinance 8.2 and Local Law No. 3-1974 shall remain in full force and effect unless they are in conflict with this section, and in that case this section will control.
§ 200-56 Parabolic discs or other similar antennas.
A.
No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as set forth herein.
(1)
No more than one parabolic, hemispheric or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises and shall not be erected, constructed or installed upon the roof of any building or accessory building. No such erection, construction, installation and/or maintenance shall be permitted or continued except when permitted by special exception by the Board of Zoning Appeals after public hearing in compliance with the provisions of this chapter. The first permit granted to any applicant under this section shall be conditional and shall be for a period of not more than two years. Any application for renewal of any such conditional permit shall be acted upon in the same manner as an initial application.
(2)
Irrespective of when constructed and irrespective of the material out of which it has been constructed, the parabolic disc or similar antenna and all supporting structures shall be considered a structure with respect to building area, shall comply with all rules and regulations regarding accessory structures and shall be considered real property, as defined by Real Property Tax Law, § 102, Subdivision 12(b), and made assessable pursuant to the Real Property Tax Law, § 300.
(3)
Any parabolic disc or antenna shall be located only in the rear yard of any lot.
(4)
The use of any illumination for the parabolic disc or antenna is strictly prohibited.
(5)
All connections shall be made so that wiring and supporting cables will not be visible from the street.
B.
All applications for permits shall be filed with the Board of Zoning Appeals of the Incorporated Village of Stewart Manor. The application to the Board of Zoning Appeals shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:
(1)
A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owners of such property.
(2)
A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna.
(3)
A landscape plan, illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. All screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.
(4)
A deposit to defray expenses.
(5)
The appropriate filing fee.
(6)
Such other information or data as may be required by the Board of Zoning Appeals.
C.
Prior to the public hearing held by the Board of Zoning Appeals, the applicant shall file certification of notice showing that all property owners within 200 feet of the applicant's property were notified in writing by the applicant of his application by registered mail or certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing.
D.
No application for a special permit for the erection, construction, installation, relocation or maintenance of a parabolic disc or other similar antenna shall be granted by the Board of Zoning Appeals unless the following requirements are met:
(1)
The applicant shall, in writing, agree to remove the parabolic disc or antenna at its own expense if the applicant moves, if the premises are sold or, in the case of a corporation, if there is a transfer of 10% or more of the stock of the corporation, and the applicant shall post a performance bond in an amount sufficient to cover the cost of such removal.
(2)
The applicant shall, in writing, agree to maintain and/or replace the screening as shown on the landscape plan. In the event that the applicant fails or refuses to properly maintain the screening, after notice to the applicant and a hearing before the Board of Trustees, the Village may maintain or replace the screening, or parts thereof, at the cost and expense of the property owner. Any unreimbursed costs incurred by the Village will become assessed against the property.
(3)
The diameter or width of any parabolic disc or antenna shall not exceed 36 inches.
(4)
The parabolic disc or antenna is not attached to the roof of any building or accessory building.
E.
In ruling upon the request for permission to construct or erect a parabolic disc or similar antenna, the Board of Zoning Appeals shall consider the proposed location of such disc or antenna and its impact on adjoining properties.
§ 200-57 Security gates.
A.
No owner or occupant of any property shall install or maintain or cause to be installed or maintained on any building or structure within the Village a security gate or door of any make, manufacture, design or material, including but not limited to gates or doors more commonly referred to as "rollup gates," "rollup doors," "rollup grilles," "rollup shutters," "rolling doors" or "folding gates."
B.
Any person violating this section shall be liable for and forfeit and pay a penalty as provided in § 200-68 hereof.
C.
In addition to the above-provided penalty, the Board of Trustees also may maintain an action or proceeding in the name of the Village of Stewart Manor in a court of competent jurisdiction to compel compliance with the provisions of this section or to restrain by injunction an offense against this section.
§ 200-58 Obstructions dangerous to traffic.
On any corner lot in any district, no hedge, shrub or other growth shall be maintained which is higher than 30 inches for a distance of 20 feet each way from the corner.