Watervliet City Zoning Code
ARTICLE IX
Supplemental Development Standards
§ 272-53 Design standards for all residential structures.
A.
Applicability. The standards of this section shall apply to the construction of new residential structures in the City of Watervliet.
B.
Orientation and entrance.
(1)
Primary building entrances shall be oriented toward the primary public street or right-of-way with respect to architecture and detailing.
(2)
The first-floor primary facade shall include a minimum of one architectural feature such as a covered entrance, raised porch, bay window and similar features.
C.
Architecture.
(1)
All facades shall include a combination of fenestration and nonfenestration elements.
(2)
Primary facades shall have a minimum window coverage of 20%. On a corner lot, both sides facing a street shall be considered primary facades.
(3)
Windows shall be transparent (i.e., not heavily tinted).
(4)
Buildings fronting more than one street shall have facades consisting of the same materials.
§ 272-54 Design standards for existing structure exterior alterations and expansions in the mixed-use and business districts.
A.
In order to maintain the unique architecture and character of the City of Watervliet and its mixed-use corridors, the following standards apply to the exterior alteration or expansion of existing structures and uses that require a building permit and are located in the MU-1, MU-2 and B Districts.
(1)
To the extent practical and feasible, the Building Improvement Guidelines located in Appendix A of this chapter shall be utilized to guide exterior building improvements and alterations to ensure that individual building character and features are maintained.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Exterior building materials on building additions shall be compatible with the existing structure, except that vinyl siding shall not be a permitted material.
§ 272-55 Additional design standards for new multifamily structures.
A.
Applicability. The standards of this section shall apply to the construction of new multifamily residential structures in the City of Watervliet in addition to the standards of § 272-53, Design standards for all residential structures, above.
B.
Design standards.
(1)
All facades, other than the primary facade, shall have a minimum window coverage of 15% on all levels and other architectural details approved by the Planning Board. On a corner lot, both sides facing a street shall be considered primary facades.
(2)
Exterior window guards and security doors shall be treated as ornamental features and integrated with the design of the building.
(3)
Facade composition and materials shall clearly exhibit a base, midsection and crown.
(4)
Flat rooflines shall be delineated with a parapet or cornice line the length of the building and a minimum 12 inches wide.
(5)
Rooftop mechanical apparatus shall be hidden or screened using a parapet or cornice and other architectural features as approved by the Planning Board.
(6)
Vinyl siding shall not be a permitted exterior building material.
§ 272-56 Design standards for new mixed-use, commercial and other nonresidential structures.
A.
Applicability.
(1)
The standards of this section should apply to the construction of new mixed-use residential/nonresidential, commercial or other nonresidential structures in the City of Watervliet, except as provided below. Additional standards with regard to landscaping and screening, lighting, signage and off-street parking located in other sections of this chapter shall also apply and may impact building design and location.
(2)
Permitted light industrial, manufacturing, warehouse and distribution uses located in the LI District should be exempt from meeting the standards of this section.
B.
Orientation and entrance.
(1)
Primary buildings should be parallel to the street frontage property line.
(2)
Primary building entrances should be oriented toward the primary public street or right-of-way with respect to architecture and detailing.
(3)
All entrances should be accentuated. Permitted entrance accents include recessed or protruding entrances or the addition of a canopy, portico or overhang.
(4)
Pedestrian entrances should be provided on all street frontages.
(5)
Where rear parking is provided, a secondary rear entrance is encouraged. The design of the rear entrance and facade should not compete with the main entrance but should complement the main entrance and be appropriately signed and marked to indicate a rear entrance.
C.
Materials.
(1)
Any new building must be constructed of such materials as stone, brick, wood siding, shingles, slate, hardiplank, stucco or exterior insulation finish system (EIFS). Industrial materials such as raw concrete finish, anodized or galvanized metal, tinted glass, plastics, vinyls and similar materials are prohibited with the following exceptions:
D.
Walls.
(1)
Exterior walls facing a street frontage or parking lot should not be permitted to be blank with no windows or architectural features unless approved by Planning Board.
(2)
Walls or portions of walls, where windows are not provided, should have architectural treatments that are similar to the front facade, including materials, colors and details.
(3)
Architectural treatments should be integral to the building's construction and not consist of surface-applied trim, graphics or paint.
(4)
A mix of architectural elements should be provided for all walls. Examples of preferred elements are listed in Subsection D(4)(a) through (k) below.
(a)
Masonry (but not flat concrete block).
(b)
Concrete or masonry plinth at the base of the wall.
(c)
Belt courses of a different texture or color.
(d)
Projecting cornice.
(e)
Projecting metal canopy.
(f)
Decorative tilework.
(g)
Medallions.
(h)
Translucent glass.
(i)
Vertical/horizontal articulation.
(j)
Lighting fixtures.
(k)
An architectural element not listed above, as approved by the Planning Board, that meets the intent of this section.
 | |
|---|---|
Figure 1: Examples of architectural elements. |
E.
Windows.
(1)
Street-level primary facades should have a minimum of sixty-percent window coverage and a transparent door area, with views provided into the businesses.
(2)
All floors facing a street, right-of-way, parking lot or walkway, other than the street level of the primary facade, should have a minimum of thirty-percent window coverage.
(3)
Street-level windows should be a maximum of 24 inches above the sidewalk.
(4)
Windows should be recessed a minimum of two inches from the facade on all newly constructed buildings.
(5)
Windows should be transparent.
(6)
When necessary repair or replacement of windows is required, replacement windows should match the original window in style, configuration and size.
F.
Roofs.
(1)
Roofs should be proportional to the rest of the building and in keeping with the character of adjacent buildings.
(2)
Where flat roofs are used, they should have a parapet or cornice a minimum of 12 inches high.
(3)
Rooftop mechanical apparatus should be hidden or screened using a parapet or cornice or other appropriate architectural features.
 | |
|---|---|
Figure 2: Examples of roof types. |
G.
Architectural rhythm.
(1)
Any new infill development, addition, or alteration should retain the established architectural rhythm of building openings of the block on which it is located. This should be achieved by maintaining the horizontal rhythm of the block by using a similar alignment of windows, floor spacing, cornices, and awnings as well as other elements. This rhythm should be achieved by aligning the top, middle, and base floors. Buildings should have a distinct base at ground level using articulation or materials such as stone, masonry, or decorative concrete. The top level should be treated with a distinct outline with elements such as projecting parapet, cornice, or other projection.
 | |
|---|---|
Figure 3: Visually differentiate the top, middle, and base floors and use a similar alignment to adjacent buildings. |
H.
Massing.
(1)
Buildings should be similar in height and size or articulated and subdivided into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.
(2)
Nonresidential and mixed-use buildings must have at least a three-foot to five-foot break in depth in all street facades for every 50 feet of continuous facade, although 30 feet or less is preferred. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.
 Figure 4: Break up facades through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments. |
§ 272-57 Landscaping and screening.
A.
Purpose. The purpose of these landscaping and screening requirements is to:
(1)
Promote and protect the health, safety and welfare of the public by creating an urban environment that is aesthetically pleasing and that promotes economic development through an enhanced quality of life;
(2)
Protect public and private investment;
(3)
Encourage preservation of existing trees and other significant vegetation;
(4)
Encourage proper selection, installation, and maintenance of plant materials that result in the conservation of natural resources, including water;
(5)
Reduce the negative environmental effects of development while protecting and enhancing the value of developed properties and the surrounding area;
(6)
Reduce soil erosion and increase infiltration in permeable land areas essential to stormwater management; and
(7)
Mitigate air, dust, noise, heat, chemical pollution and glare, and other adverse environmental effects of development.
B.
General requirements.
(1)
Any development requiring full site plan approval, as determined by the Planning Board, shall prepare a landscaping plan that meets the landscaping and screening requirements of this article. Landscaping plans shall be prepared by a licensed New York landscape architect, New York certified nurseryman, or New York certified landscaper.
(2)
Landscaping plans shall be drawn to scale and include existing and proposed pavement and structures, irrigation, vehicular use areas, significant trees and/or landscape features and topographic elevations.
(3)
Landscaping required pursuant to an approved site plan shall be installed or funds in an amount equal to the cost of purchasing and installing all landscaping materials deposited in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state, under an agreement approved by Corporation Counsel prior to temporary occupancy, and installed before the issuance of final certificate of occupancy. A temporary certificate of occupancy shall only be issued for up to six months for reasons related to the installation of landscaping.
(4)
Natural vegetation or stands of trees existing prior to site development may be used toward meeting all or part of the landscaping requirements. Incorporation of native species which have food or habitat value is encouraged.
(5)
Required landscaping shall not incorporate trees which have the potential of interfering with overhead power lines.
C.
General minimum requirements.
(2)
Maintenance.
(a)
Any plant material used in the landscaping project shall be maintained in a healthy growing condition. The property owner shall bear responsibility for maintenance of required landscaping and shall replace, within one year (excluding non-planting season months), any plant material that dies.
D.
Building perimeter landscaping planting requirements.
(1)
Applicability. This section applies to the following building development:
(a)
Any proposed commercial or industrial development, including expansions of 1,500 square feet or greater to existing buildings, where the principal building(s) is(are) set back at least 20 feet from the front lot line and/or side property line on a corner lot.
(b)
Any proposed multifamily residential development consisting of four or more dwelling units with a new building or building expansion that amounts to or exceeds either 4,000 square feet or 25% of the assessed valuation of the existing building within any twelve-month period.
(2)
Planting requirements.
(a)
Landscaping shall be required in the front yard and, on a corner lot, along any side yard abutting a public right-of-way.
(b)
To provide a proper planting area, the minimum dimension of any required planting area must be no less than four feet in both length and width. The planting area shall consist of at least one shrub and one understory tree for each 30 feet of exterior building perimeter. If site characteristics do not favor a tree, the tree may be waived by the Planning Board and a large shrub substituted.
(c)
Building landscaping may be comprised of shrubs and ornamental plants in any combination, provided that at least 50% of the total required materials are shrubs.
(d)
Building landscaping shall abut the building and shall be used or installed in such a manner as to screen mechanical equipment attached to or adjacent to the building, provide direction to and enhance entrances and walkways and provide visual breaks along blank building facades.
E.
Perimeter screening requirements.
(1)
Purpose. The purpose of these screening requirements for certain uses and locations of development is to provide landscaped separations between residential and nonresidential uses where an incompatibility may exist and screen from view certain land uses that may create visual clutter and distraction.
(2)
Applicability. The following land use development must provide landscaping on the perimeter of the site:
(a)
Uses in the LI District must provide perimeter landscaping along site boundaries that abut lots zoned R-1, R-1A, R-2, or R-3.
(3)
Requirements.
(a)
Each planting area shall be a minimum of four feet in width.
(b)
A screen of at least six feet in height at the time of planting, that results in a noise and sight-obscuring buffer that is any one or a combination of the following methods:
(c)
Trees and shrubs should be spaced to grow together within four years from planting and ground cover be provided to attain 75% coverage within four years.
(d)
Breaks in perimeter landscaping for pedestrian access may be required as determined by the Planning Board during site plan review.
(e)
Perimeter landscaping shall be required in an amount which, when combined with other on-site landscaping requirements, does not exceed 15% of the total site area.
F.
Screening between parking areas and public rights-of-way.
(1)
Purpose. The purpose of these requirements is to provide visual relief and separation of parking areas from public rights-of way.
(2)
Applicability. The requirements in this section apply to all parking lots located adjacent to a public right-of-way, except those provided for and on the same lots with single-family and two-family dwellings and except for those land uses requiring perimeter screening as specified in Subsection E of this article.
(3)
Requirements. A landscape strip as described below shall be provided on the property between the parking lot or access drive and the right-of-way. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Shrubs must be maintained at a maximum height of 36 inches. Any of the following landscaped strip treatments may be used singularly or in combination:
(a)
Provide a minimum six-foot-wide landscape strip between the right-of-way and the parking lot to be planted with a minimum of one understory tree and eight shrubs per 25 linear feet of frontage, excluding driveway openings.
(b)
Provide a minimum four-foot-wide landscaped strip between the right-of-way line and the parking lot, with a minimum three-foot-high brick, stone or finished concrete or together with decorative metal fencing wall to screen the parking lot. The wall shall be located adjacent to but entirely outside the four-foot landscaped strip. Plant with a minimum of one understory tree per 40 linear feet of frontage, excluding driveway openings.
(c)
Provide a berm, the top of which is at least 2.5 feet higher than the elevation of the adjacent parking lot pavement. The slope of the berm shall not exceed 33% for lawn areas. Berms planted with ground cover and shrubs may be steeper. However, no slope shall exceed 50%. Berms should be graded to appear smooth, rounded, naturalistic forms. Avoid narrow bumps which result from creating too much height for the width of the space. Plant with a minimum of one understory tree and five shrubs per 25 linear feet of frontage, excluding driveway openings.
G.
Parking area landscaping.
(1)
Purpose. The purpose of these requirements is to provide visual relief and shade in parking areas.
(2)
Requirements.
H.
Outdoor storage screening.
(1)
Purpose. The purpose of these requirements is to provide visual relief surrounding storage areas.
(2)
Applicability. Any storage yard in connection with a permitted commercial or industrial use shall require visual screening.
(3)
Requirements. Visual screening shall consist of a continuous fence, wall, evergreen hedge, landscape planting or combination thereof so as to effectively screen the storage yard which it encloses and be maintained in good condition. In cases where the physical characteristics of the parcel or surrounding parcels make screening from adjacent properties impossible or unreasonable, this requirement may be completely or partially waived by the Zoning Board of Appeals after public hearing and review as required by Article XIV.
I.
Alternative landscaping plan. Alternative landscaping plans may be proposed where strict application of the requirements in this chapter would prohibit reasonable development of a property. The Planning Board may consider the topography, shape, size or other natural features of the property or design features of the development when considering the suitability of a proposed alternative landscaping plan. Examples of situations where alternative landscaping plans are more likely to receive favorable consideration are mixed-use buildings and developments that qualify for reduced parking under § 271-58, Off-street parking and loading. Another technique that can be used in alternative landscaping plans is the enhancement of landscaping in a nearby area to soften the overall effect of the development such as improvement of a nearby existing public right-of-way.
§ 272-58 Off-street parking and loading.
A.
Applicability and general provisions.
(1)
In any zoning district within the City, all structures built and all uses established hereafter shall provide accessory off-street parking in accordance with the following regulations, except when located in the MU-1 and MU-2 Districts.
(2)
Uses in the MU-1 and MU-2 Districts are exempt from the minimum off-street parking requirements of Schedule C; however, voluntary off-street parking shall meet all other standards of this section as applicable.
(3)
Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this section. However, any existing parking and loading facilities for such uses shall not be reduced unless they exceed the requirements of this chapter, in which case they shall not be reduced below the requirements of this section.
(4)
When an existing structure or use is expanded, accessory off-street parking shall be provided in accordance with the following regulations for the area or capacity of such expansion.
(5)
In general, off-street parking shall be provided on the same lot or tax parcel as a principal use. The required off-street parking may be provided on a separate lot or tax parcel within 300 feet of the parcel with the principal use, provided that there are covenants and/or a lease reviewed by the City's Corporation Counsel and approved by the Planning Board (see Subsections G and H).
B.
Computation of required off-street parking spaces.
(1)
When parking spaces are required on the basis of the number of faculty, staff, students or employees, the maximum number present at any one time shall govern.
(2)
For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar use listed in Schedule C as determined by the Zoning Enforcement Officer.
(3)
When a determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 shall require one parking space.
(4)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating shall be counted as one seat.
(5)
The provisions of this section shall not be deemed to apply to motor vehicle storage or display parking areas associated with a vehicle sale, rental or ancillary service establishment, except as may be qualified elsewhere in this chapter.
Schedule C: Off-Street Parking Space Requirements | ||
|---|---|---|
Principal Use | Minimum Parking Standard | |
RESIDENTIAL | ||
Single-family | None | |
2-family dwellings | 1 per dwelling unit | |
Multiple-family dwelling (including townhouses, apartments and 3+ unit structures) | 1.5 per dwelling unit | |
Residential care facility | 1 per 4 beds, plus 1 for every 2 employees during maximum shift, plus 0.25 per unit for visitor parking | |
Senior housing | 0.5 per dwelling unit plus 1 visitor space per 10 units or parking demand analysis | |
COMMUNITY SERVICES AND INSTITUTIONAL USES | ||
Clubs or fraternal lodge | 1 per 4 seats in largest assembly area, whichever is greater | |
Colleges, universities and vocational school | 1 per staff member plus 0.75 per student | |
Community center | 1 per 400 square feet of gross floor area | |
Cultural facility | 1 per 400 square feet of gross floor area | |
Day care or nursery | 1 per employee plus 1 per 10 attendees | |
Hospital | 1 per bed plus 2 per every 3 employees at maximum shift | |
Libraries | 1 per 300 square feet of gross floor area | |
Medical or dental clinics | 0.75 per examination room plus 1 per employee at maximum shift | |
Municipal facility | 1 per 1,000 square feet of gross floor area | |
Religious institution | 1 per 4 seats | |
Schools, elementary and intermediate | 1.25 per employee | |
School, secondary | 1 per employee member plus 1 per 10 students | |
Veterinarian, veterinary hospital or clinic | 1 per 350 square feet of gross floor area plus 1 per employee at maximum shift | |
COMMERCIAL AND INDUSTRIAL USES | ||
Artist studio/artist loft | 1 per unit or studio | |
Automobile repair | 3 per bay | |
Banquet/catering hall | 1 per every 4 seats plus 1 per 2 full-time employees at maximum shift | |
Bar, brew pub, tavern | 1 per 100 square feet of gross floor area | |
Bed-and-breakfast | 1 per guest bedroom plus 1 for the owner | |
Conference center/training facility | 1 per 4 seats | |
Country club | 1 per 4 members plus 1 per 2 employees at peak shift | |
Dry cleaning and laundromat | 1 per 300 square feet of gross floor area | |
Entertainment and recreation, commercial (bowling alley, arcade, mini-golf, rink, etc.) | 1 per 300 square feet gross floor or ground area | |
Funeral home | 1 per 5 seats at maximum capacity seating | |
Gas station | 1 per gas pump plus 2 per bay | |
Hair salon, barber, nail salon | 1 per chair | |
Health clubs and similar facilities | 1 per 300 square feet of gross floor area | |
Hotel and motel | 1 per guest bedroom | |
Manufacturing/industrial uses | 1.5 per every 2 employees at maximum shift | |
Marina | 1 per every 2 berths | |
Motorized vehicle sales | 10 spaces or 1 per 5,000 square feet or less of outdoor display plus 1 per employee, whichever is lesser | |
Office, professional or business (nonmedical) | 1 per 350 square feet of gross floor area | |
Restaurants, excluding carry-out restaurants | 1 per 4 seats or 1 per 200 square feet of gross floor area, whichever is greater | |
Restaurant, carry-out only | 1 per 250 square feet of gross floor area | |
Restaurant, fast-food | 1 per 100 square feet, plus 3 stacking spaces for drive-through window | |
Retail and service under 1,000 square feet of gross floor area | 1 per 2 employees at maximum shift | |
Retail and services (not listed separately in Schedule C) | 1 per 300 square feet of gross floor area | |
Shopping centers | 1 per 300 square feet of gross floor area | |
Stadium or sports arena | 1 per 5 seats | |
Theaters | 1 space per 4 seats | |
Wholesale, storage, warehouse distribution | 0.75 per employee | |
Vehicle rental | Per employee at maximum shift | |
C.
Accessible parking space requirements. The number of handicapped-accessible parking spaces shall be determined based on the total number of parking spaces as set forth in the most recent edition of the New York State Uniform Fire Prevention and Building Code.
D.
Maximum off-street parking spaces.
(1)
In order to reduce the amount of unnecessary surface parking in the City of Watervliet, the maximum allowable off-street parking in the MU-1, MU-2 and B Districts for nonresidential uses shall be no more than 120% of the required minimum parking, except where:
(a)
Pervious pavement is used and at least 20% of the lot is landscaped with shade trees interior to the parking lot; or
(b)
Parking is provided within a structure with the rooftop of the parking structure and/or mixed-use structure with at least 30% of the rooftop area heavily landscaped or designed with a green rooftop system; or
(c)
Parking is provided below ground.
E.
Reduction in parking requirements.
(1)
A ten-percent reduction in the number of parking spaces required may be permitted for any nonresidential use within 300 feet of a public parking facility, including adjacent on-street parking.
(2)
The Planning Board may grant a reduction of up to 10% of the required off-street parking if secure bicycle parking that meets the requirement in Subsection F below is provided.
(3)
The maximum cumulative reduction in parking requirements through the above provisions or shared parking relationships shall not exceed a total of 40%.
F.
Bicycle parking incentive.
(1)
A reduction of up to 10% in the required number of off-street parking spaces may be granted by the Planning Board to nonresidential development where bicycle parking meeting the standards below is provided.
(a)
All nonresidential development shall provide one bicycle parking space per each required 10 off-street parking spaces.
(b)
Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.
(c)
Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.
G.
Shared parking.
(1)
In any district, the Planning Board may, at its sole discretion, approve the joint use of a parking facility and a reduction in the parking requirement by up to 40% for two or more principal uses or buildings either on the same lot or within 300 feet, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the requirements due to variation in the time of peak demand and the lack of reserved parking limiting effective shared use. The Planning Board is under no obligation to approve shared parking unless it finds that the shared parking scheme is in the best interests of this chapter and the welfare of the City and its residents. In such cases, off-street parking requirements of a given use may be met with off-site, shared off-street parking or on-site parking shared by more than one tenant. Such joint parking facilities are governed by the following:
(a)
Two-family residential. All parking shall be provided on site and shall not qualify for shared parking.
(b)
All other uses. Off-street parking spaces shall be located on the same lot as the principal building or within 300 feet of the use, as measured along the nearest pedestrian accessway.
(c)
Shared parking study. Applicants shall submit a shared parking analysis to the Planning Board that clearly demonstrates the feasibility of shared parking. Such study shall address, at a minimum, the spatial relationship between the two sites and/or tenants, the size and type of proposed development and resulting parking demand, including peak demand periods, the combined parking demand of uses that will be sharing the parking area, and the anticipated peak parking and traffic loads for all uses sharing the parking spaces.
(d)
Shared parking agreement. A shared parking plan will be enforced through written agreement among all owners of record. The agreement shall incorporate covenants and/or a lease for a minimum term of two years. The owner of the shared parking area shall also enter into a written developer's agreement with the City specifying use of spaces and enforcement of the shared parking plan. If a use subject to a shared parking agreement is enlarged or changed, the Planning Board shall have the discretion to require full compliance for each separate use upon finding that conditions justifying joint use no longer exist.
H.
Waivers of parking requirements. A variance or waiver in the number of parking spaces may be granted by the Planning Board if the proposed use is within 300 feet of a municipally operated off-street parking facility and the requested variation is supported by a parking analysis prepared by the applicant that analyzes proposed parking demand of the uses to be served and the capacity of available municipal parking resources to serve the proposed use.
I.
Standards for parking space sizes and aisle widths.
(1)
The following minimum standards shall apply to the width and length of required parking spaces:
J.
Parking design and setbacks.
(1)
To the extent practicable, parking lots shall not be located at intersections.
(2)
Parking lot entrances and exits for off-street parking with more than four spaces shall not be located within 50 feet of street intersections, nor exceed a grade of 6% within 25 feet of any street line nor 10% at any other point. All points of ingress and egress shall be appropriately signed unless deemed unnecessary by the Planning Board.
(3)
Where warranted by site topography, barriers or other safety devices shall be incorporated into the design of the parking area.
(4)
Where appropriate, the Planning Board may require paved connections between abutting parking areas under different ownerships to facilitate traffic flow.
(5)
Wherever possible, access to parking lots shall be from secondary streets.
(6)
Parking lots shall meet the landscaping and buffering standards of § 272-57, Landscaping and screening.
(7)
With the exception of single- and two-family dwellings, off-street parking shall be allowed in rear and side yards only, set back a minimum of five feet from all property lines.
K.
Parking lot pedestrian linkages.
(1)
Clearly defined and marked sidewalks with a minimum width of four feet shall be required within parking lots and be provided for the length of the parking to the entrances of establishments.
(2)
Clearly defined and marked sidewalks shall be distinguished from driving surfaces through the use of special pavers (brick, scored concrete or similar materials).
L.
Parking structures.
(1)
A maximum of two adjacent vehicular entrances are permitted on a facade on secondary streets.
(2)
Vehicular entrances and exits shall be a maximum 11 feet wide for each direction of traffic.
(3)
Vehicular entrances fronting streets that lead to parking garages shall be integrated into the building facade design and shall not extend beyond the top of the first floor.
(4)
Vehicular entrances that consist of loading docks/service bays shall be enclosed with doors and integrated into the building facade design both in terms of materials and architectural treatment.
(5)
Pedestrian access to underground parking shall be integral to the building.
(6)
Mechanical equipment for underground parking shall be integral to the building, screened and/or visually improved through architectural detailing consistent with the building treatment.
M.
Off-street loading requirements.
(1)
Required off-street loading facilities shall be required in the following ratio:
Schedule D: Loading Berth Requirements | ||||
|---|---|---|---|---|
Gross Floor Area (1,000s of square feet) | ||||
Principal Use | 1 Berth | 2 Berths | +1 Berth for Each Additional | |
Office, research and development | 50 | 100 | 100 | |
Retail, personal service and restaurant | 25 | 100 | 25 | |
Manufacturing, printing | 10 | 20 | 40 | |
Wholesale and distribution | 5 | 10 | 20 | |
Public institutional | 10 | 50 | 50 | |
Other uses not mentioned | As determined by Planning Board | |||
(2)
Location and access.
(a)
Loading berths may be provided in the principal building or in any side or rear yards.
(b)
No off-street loading berth shall be located in any front yard.
(c)
Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with the access driveway to a parking lot, provided that the access driveway has a minimum width of 25 feet.
(d)
All loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection M(3) below.
(e)
No entrance or exit for any loading area shall be located within 50 feet of any street intersection.
(3)
Joint facilities. Required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements, and provided, further, that the conditions enumerated in Subsection M(3)(d)[1] are met.
[1]
Editor's Note: So in original.
§ 272-59 Outdoor lighting standards.
A.
Purpose. The purpose of this section is to require and set minimum standards for outdoor lighting that are appropriate for safety, security, and visibility for pedestrians and motorists, while minimizing glare and light pollution.
B.
Applicability. The lighting standards of this section shall apply to all properties in the City of Watervliet unless otherwise stated in this section.
C.
Exemptions.
(1)
Low-intensity light fixture. Any light fixture with a lamp or lamps rated at a total of 1,800 lumens or less, and all flood- or spotlights with a lamp or lamps rated at 900 lumens or less (equivalent to a one-hundred-watt light bulb), may be used without restriction to light distribution or mounting height, except that if any spot- or floodlight rated 900 lumens or less is aimed, directed or focused to cause direct light from the fixture to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the light fixture shall be redirected or its light output controlled as necessary to eliminate such conditions.
(2)
Public streetlighting installed by the City of Watervliet or other authorized governmental entity.
(3)
Emergency lighting or temporary construction lighting, as may be required by a public agency.
E. FOOTCANDLE FULL CUTOFF OR FULL SHIELDED TYPE FIXTURE
GLARE LIGHT FIXTURE LIGHT POLLUTION LUMEN PHOTOMETRIC DIAGRAM RECESSED CEILING FIXTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source equivalent to one candle in brightness of illumination. Footcandle measurements shall be made with a photometric light meter and with a specified horizontal orientation.
An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
 Figure 5: Example of full cutoff lighting fixture. |
Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
The assembly that holds a lamp and may include an assembly housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror, and refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.
Artificial light which causes a detrimental effect on the environment or enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties.
Measure of overall light output produced by a lamp.
A diagram depicting the location of all light poles and building-mounted lighting fixtures in a specified area and a numerical grid of the maintained lighting levels that the fixture will produce in that specified area.
An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
F.
Lighting plan. A lighting plan is required for all uses that require site plan approval pursuant to Article XI of this chapter. The lighting plan shall demonstrate compliance with this section and shall include the following items:
(1)
A site plan showing the location of all exterior lighting fixtures and a numerical grid of lighting levels (in footcandles) that the fixtures will produce on the ground (photometric report).
(2)
Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, North arrow and scale.
(3)
Lamp type and wattage.
(4)
Specifications for all proposed exterior light fixtures and poles showing the design and finishes and designation as Illuminating Engineering Society of North America (IESNA) "cutoff" fixtures.
(5)
Any other information and data that is necessary for the Planning Board to evaluate the required lighting plan.
G.
General requirements.
(1)
The number of light fixtures and the intensity of lighting shall be appropriate to illuminate the location for safety, without glare to adjoining properties.
(2)
Lighting fixtures shall be aimed and shielded in a manner that shall not direct illumination on adjacent residential properties. Full cutoff fixtures shall be installed and maintained.
(3)
To minimize the excessive use of illumination, it is recommended that outdoor lighting, except as required for security, be extinguished during nonoperating hours.
(4)
Installation for lighting shall be placed underground.
(5)
Holiday lighting shall only be permitted for a period not to exceed 45 days in a calendar year and shall be turned off after 11:00 p.m.
(6)
Automobile-oriented uses such as gasoline stations, service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy and shields to prevent effects of glare on adjoining properties.
(7)
Signs that are wholly illuminated with an exposed incandescent lamp not exceeding 25 watts shall not require shielding.
(8)
Maximum height. The total height of exterior lighting fixtures, including the base, shall be a maximum of 20 feet for parking lots adjacent to nonresidential uses and 14 feet for pedestrian walkways and parking lots adjacent to residential uses unless separated by a public right-of-way. Building-mounted lights shall have a maximum height of 14 feet.
H.
Measurements.
(1)
Lighting levels are to be measured in footcandles with a direct reading, portable light meter. The meter typically has a color or cosine-corrected sensor with multiple scales and shall read with an accuracy of plus or minus 5%. It shall have been tested, calibrated and certified by an independent, commercial photometric or the manufacturer within one year of its use.
(2)
The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. Readings are taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measurements are made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination and property line at ground level. This procedure eliminates the effects of moonlight and other ambient light sources. Where light patterns overlap, their total intensity shall be the sum of their individual intensities.
I.
Fixture design.
(1)
Except in the Light Industrial District, exterior lighting shall be decorative and complement and/or enhance the building design and adjoining landscape in all zoning districts.
(2)
Decorative-style lighting may be constructed of wood, stone, natural materials, or materials that simulate natural materials.
 Figure 6: Decorative lighting. |
§ 272-60 Pedestrian circulation for multifamily, commercial and other nonresidential use lots.
A.
Applicability. The standards of this section shall apply on lots with construction of new commercial or other nonresidential structures in the City of Watervliet.
B.
Where buildings are not built to the front lot line, a sidewalk shall link the street primary entrance to the municipal sidewalk.
C.
Internal walkways shall link to the adjacent municipal sidewalk system.
D.
A minimum four-foot-wide sidewalk shall link parking areas to the municipal sidewalk.
E.
A minimum four-foot-wide sidewalk shall be located on one side of a midblock driveway linking the parking areas to the municipal sidewalk.
F.
In all parking lots with more than 15 spaces, clearly defined and marked sidewalks or pedestrian pathways shall be required and distinguished from driving surfaces through the use of special pavers (bricks, scored or stamped concrete, stamped macadam or other similar materials) and other distinctive colors.
§ 272-61 Sign regulations.
A.
Purpose. The purpose of this section is to provide standards to safeguard life, health, property and public welfare by controlling the number, location, construction, installation, illumination and maintenance of all signs and sign structures in the City of Watervliet. It is the further purpose of this section to control the quality and quantity of signs so as to enhance the identification of the various business and professional enterprises and improve the visual quality of the City's mixed-use corridors and commercial areas.
B.
Applicability and procedures.
(1)
Except as otherwise provided in this chapter, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this section and, where applicable, without first obtaining a permit from the Zoning Enforcement Officer in accordance with the following procedures and standards.
(2)
A permit shall be required for any change in the size, shape, lighting, materials or location of an existing sign except for exempt signs described in Subsection D below.
(3)
Application for a permit shall be made in writing to the Zoning Enforcement Officer. One application may include more than one sign, provided that all signs contained in such application are to be erected at the same time on one lot. Applications for new signs or proposed changes in existing signs shall include the following information:
(a)
Plans to scale detailing the dimensions and area of the sign(s), the location of the sign(s) on the building, structure or property where the sign(s) will be erected or attached, and a visual simulation or photo to scale illustrating colors, materials, lettering, artwork, and method of illumination, if any.
(b)
Written consent of the owner of the structure or real property upon which the sign is to be attached or erected, in the event the applicant is not the building or property owner.
(c)
Each application for a permit shall be accompanied by the fee set forth in the current fee schedule adopted by the City Council. Such fee shall be based on all signs contained in such application.
C. AWNING (CANOPY) SIGN DIRECTIONAL SIGN ELECTRONIC MESSAGE CENTER (EMC)/DIGITAL MESSAGE SIGN FREESTANDING SIGN ILLUMINATED SIGN INTERNALLY ILLUMINATED SIGN MARQUEE SIGN MONUMENT SIGN OFF-PREMISES SIGN/BILLBOARD POLE SIGN PORTABLE SIGN PROJECTING SIGN ROOF SIGN SANDWICH BOARD/SIDEWALK SIGN SIGN HEIGHT VEHICULAR SIGN WALL SIGN WINDOW SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
A sign painted on, printed on, or attached flat against the surface of an awning made of canvas or fabric or similar material, which is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building.
A sign conveying instructions regarding pedestrian and/or vehicular movement with respect to the premises on which it is located, such as the entrance and exit of a parking area.
A changeable copy sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or flipper matrix.
A self-supporting sign standing alone on its own foundation.
Any sign illuminated by artificial light, either from the interior or exterior of a sign, and includes reflective and phosphorescent light.
Any sign deriving its illumination from an internal source, and shall include all plastic signs lighted from behind, as well as all neon signs, and all lighted awnings lighted in a way as to give the awning the appearance of being lighted.
A sign that is an integral part of a marquee which is a permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
A freestanding sign attached to a brick, stone, or masonry wall or structure that forms a supporting base for the sign display.
A sign which is located on a parcel of land other than that parcel where the business, service or event advertised is located.
A freestanding sign with a visible support structure.
A sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, or on its own trailer or otherwise. Examples of portable signs include, but are not limited to, sandwich boards, menu boards, attached to A-frames or T-frames, and balloons used as signs.
A sign that projects more than 12 inches perpendicular to the buildings face.
A sign erected upon or above a roof or parapet wall of a building and which is wholly or partly supported by that building.
A movable sign not secured or attached to the ground or surface upon which it is located but supported by its own frame and most often forming the cross-sectional shape of an "A."
The distance from the highest portion of the sign to the finished grade at the base of the sign. In the case of a sign located on an isolated mound, height shall be measured to the original grade.
Any vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes the primary purpose of the vehicle.
A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall.
A sign mounted or painted on a window or inside a structure that is intended to be seen through a window from the outside.
D.
Exempt signs. The following signs may be erected and maintained without a permit or fee, provided that such signs comply with the general requirements of this chapter.
(1)
Providing consent of the property owner is obtained and that placement does not exceed 30 days and no later than 48 hours after said election, sale or event:
(a)
Political posters, banners and similar signs.
(b)
Signs or other promotional devices relating to a special event, festival, or similar activity.
(c)
Yard or garage sale signs meeting the permitting and sign standards of Chapter 166 of the City of Watervliet Code.
(d)
Signs permitted by the City of Watervliet in the public right-of-way shall be removed within the required time frame or may be removed by the City of Watervliet.
(2)
Holiday decorations.
(3)
Safety, directional, historical markers or other types of signs erected and maintained by a public agency.
(4)
Sales and rental signs.
(a)
In the R-1A, R-1, R-2, R-3 and MU-1 Districts, signs advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed six square feet in area, or a subdivision sign that shall not exceed 24 square feet in area.
(b)
In the MU-2, B, and LI Districts, signs advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed 12 square feet in area.
(c)
Not more than one sign shall be placed upon a property unless such property fronts on more than one street, in which event one sign may erected on each frontage.
(d)
Such sign(s) shall be removed within 30 days after the premises has been sold or rented.
(e)
All such signs shall be set back so as not to obstruct the public right-of-way.
(f)
Such signs shall not be illuminated.
(5)
Signs denoting the name and address of the occupants of the premises; such signs shall not exceed two square feet in area.
(6)
Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress, which signs shall not exceed 12 square feet in area in the MU-2, B and LI Districts and not exceeding six square feet in area in the R-1A, R-1, R-2, R-3 and MU-1 Residential Zoning Districts and set back so as not to obstruct the public right-of-way. There shall be one such sign per parcel. Such signs shall be removed after a period of one year.
(7)
Private-owner merchandise sale signs for garage sales and auction, no larger than two square feet. No more than one sign is permitted and shall be removed with 24 hours after the sale.
(8)
Window signs covering 20% of the glass area or less to which the sign is affixed or displayed.
(9)
Gasoline station signs attached on gasoline pumps, displaying the price of fuel, not exceeding two square feet; however, the total size of price, logo and any other signage on a pump shall not exceed a combined total of three square feet.
(10)
Murals not exceeding 50% or 200 square feet, whichever is less, of the total area of a building facade, provided that it contains no advertising message thereon.
(11)
Building identification signs which are incorporated within the facade of a structure, not exceeding two feet in height nor more than 5% of the facade of the building side upon which it is constructed. Building identification shall not identify any tenant or occupant of the structure. Only one building identification sign shall be allowed in a facade and only on a facade that has street frontage. No illumination of these signs is permitted.
E.
Prohibited signs. The following signs are prohibited in the City of Watervliet:
(1)
Signs with any mirror or mirrorlike surface, nor any day glowing or other fluorescent paint or pigment.
(2)
Off-premises signs/billboards.
(3)
Pole signs.
(5)
Roof signs.
(6)
Vehicular signs.
(7)
Signs that detract from or obstruct public view of historic buildings or structures.
(8)
Permanent or temporary signs erected or placed at or near the intersection of any street in such a manner as to cause a traffic hazard at the intersection or at any location where, by reason of the position, shape, color, or illumination of the sign, may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.
(9)
Signs using of the words "stop," "look," "danger," "caution" or any other word, phrase, symbol or character which may tend to confuse, mislead or resemble any governmental or duly authorized sign.
(10)
Mechanically rotating signs, with the exception of barber poles.
F.
General provisions.
(1)
Sign area calculation. The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign together with the area of any background of a different color or material than the general finish of the building, whether painted or applied. For the purposes of calculating total sign area, only one-side of a two-sided area shall be counted.
Sign Area Calculation (length x height)  |
(2)
Location of signs.
(a)
Signs shall not use utility poles, trees, rocks or other natural features as a medium of communication or means of support.
(b)
Wall signs and signs projecting from the face of building should be in proportion to the detail of the facade of the building.
(c)
No sign shall be located in a public right-of-way except as otherwise permitted by the City of Watervliet.
(d)
No sign shall be so located as to detract from, or obstruct public view of, historic structures or features, scenic views or any other recognized natural feature.
(3)
Illumination of signs.
(a)
No sign shall flash or blink.
(b)
Illuminated signs, including but not limited to box signs, channel letter signs (internally lighted individual letters), backlit signs, exterior neon signs (excluding neon signs located inside windows) and digital message signs, shall only be permitted in the MU-2, B and LI Districts and shall meet the following standards in order to reduce light pollution in the City's mixed-use neighborhoods:
[1]
Illuminated signs shall be turned off at night when the on-premises use associated with the sign closes for the day.
[2]
Illuminated signs associated with a use that is open to customers, clients or members 24 hours a day shall have automatic dimming technology which shall result in a reduced illumination of at least 50% after 11:00 p.m.
(c)
Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential properties.
(d)
The maximum light level above the ambient light level shall be 0.3 footcandle.
(e)
All backlit signs shall have a dark background. Only the letters and/or message area of the sign shall be illuminated. Whenever possible they shall be constructed flush with the building facade.
(4)
Sign construction and design standards.
(a)
Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings associated with the sign. Layout should be orderly, and graphics should be of simple shape, such as rectangle, circle or oval. All signs shall be painted and/or fabricated in a professional, workmanlike manner.
(b)
All signs shall comply with applicable regulations of the Uniform Fire Prevention and Building Code.
(c)
All electrical signs shall be constructed in accordance with the standards of the National Electric Code.
(d)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 20 pounds per square foot of surface area.
(e)
All signs, including projecting signs, shall be securely anchored and shall not swing or move in any manner.
(f)
All signs, sign finishes, supports and electric work shall be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.
G.
Signs permitted in residential districts with a permit.
(1)
Within the R-1A, R-1, R-2 and R-3 Districts, the following signs are permitted with a permit from the Zoning Enforcement Officer:
(a)
Signs denoting a subdivision name (five or more lots). The total sign area shall not exceed 24 square feet in area. All such signs shall be set back 10 feet from the lot-line. Such signs shall not be illuminated.
(b)
Home occupation identification signs: For home occupations as defined in § 272-19B(8), one sign shall be permitted and shall meet the following standards:
(c)
Business identification signs. A property utilized for a permitted nonresidential or business activity as a principal use shall be permitted up to one sign and shall meet the following standards:
[1]
The total cumulative area of all signs permitted on such lot shall be 12 square feet.
[2]
Notwithstanding § 272-18M, Visibility at intersections, the maximum height of a freestanding sign above grade level of the road shall be eight feet and shall be set back at least 10 feet from any property line unless on a corner lot. On a corner lot a freestanding sign shall be set back 20 feet from the intersection.
(d)
Announcement signs or bulletin boards used by religious institutions, community centers, municipal facilities, schools and libraries and other similar uses shall be permitted. One announcement sign, not exceeding six square feet in area, shall be permitted on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least five feet from the front property line and at least 10 feet from all other property lines.
H.
Signs permitted in the MU-1, MU-2, B and LI Districts with a permit. Within the MU-1, MU-2, B and LI Districts, the following signs are permitted with a permit from the Zoning Enforcement Officer:
(1)
Each business establishment shall be permitted one wall-mounted, projecting or awning sign on the facade of its structure or portion of a structure, whether or not the structure has street frontage. If the business is located in a structure that is located on a lot with more than one street frontage, one wall sign on each facade of the business which has street frontage for the facade of the business is permitted.
(2)
A business establishment located in a principal building set back at least 50 feet from the front lot line shall be permitted one monument sign meeting all other standards of Subsection H in addition to a wall or projecting sign. Monument signs may advertise more than one business.
(3)
The maximum cumulative sign area permitted for all signs on a lot and the maximum sign area for different types of signs are provided in the Schedule F below. The sign standards differ to reflect the different character and scale of each of these nonresidential or mixed-use districts.
Schedule F: Sign Standards | |||||
|---|---|---|---|---|---|
Zoning District | Maximum Cumulative Sign Area (square feet) | Maximum Monument Sign Area (square feet) | Maximum Wall/Marquee Sign Area (square feet) | Maximum Projecting Sign Area (square feet) | Maximum Monument Sign Height (feet) |
MU-1 | 36 | 24 | 1.0 for each linear foot of building frontage up to 36 square feet | 6 | 10 measured from the finished grade |
MU-2 | 48 | 24 | 1.0 for each linear foot of building frontage up to 36 square feet | 12 | 10 measured from the finished grade |
B | 100 | 36 | 1.0 for each linear foot of building frontage up to 75 square feet | 12 | 10 measured from the finished grade |
LI | 72 | 24 | 1.0 for each linear foot of building frontage up to 60 square feet | 12 | 10 measured from the finished grade |
(4)
Additional standards for certain signs.
(a)
Monument sign. A monument sign shall be set back at least 10 feet from any property line except on a corner lot, where signs shall be set back 20 feet from the intersection measured at the street line, and there shall be at least three feet of clear space between the sign board and the ground, provided that necessary supports may extend through such clear space.
(b)
Projecting sign. Projecting signs shall not project more than six feet from the side of the building, and when suspended over a pedestrian walkway such as a sidewalk or entranceway, the bottom of such signs shall be no lower than eight feet and no higher than 12 feet above the finished grade.
(c)
Wall-mounted sign standards. Wall-mounted signs shall not extend more than 14 inches from the surface of the wall; said signs shall not cover a window, obscure architectural detailing or interrupt a roofline.
(d)
Awning or canopy signs. The valance portion of an awning or canopy may be used as a sign and shall count toward the total cumulative sign area and number of signs meeting the following: Any sign (logo and/or lettering) on an awning shall not exceed 60% of the exterior surface of the awning. The bottom of the awning or canopy shall be at least eight feet above the finished grade.
(e)
Marquee signs. Marquee signs shall be allowed only in the B and LI Districts.
(f)
Sandwich board signs.
[1]
Sandwich boards must be nonilluminated and shall not exceed eight square feet in sign area, with a maximum height of four feet and a width not to exceed 30 inches.
[2]
Sandwich boards shall be constructed of commercial-grade materials.
[3]
The sign shall not be located in such a manner as to restrict vision or impair vehicular or pedestrian safety or maintenance of City sidewalks or impede flow of pedestrian traffic.
[4]
The sign must be located in front of or on the side of the building within which the business is located.
[5]
The sign shall only be displayed during hours that the business establishment is open.
(g)
Wayfinding signs accessory to parking areas. Signs designating entrances or exits to or from a parking area shall not count toward the maximum cumulative sign area; however, such signage is limited to one sign for each exit and entrance, and said signs are limited to a maximum size of four square feet. In addition, each parking area shall be permitted one sign per street frontage which designates identity and restrictions for parking.
I.
Nonconforming signs.
(1)
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. If a sign is taken down at any point for other than maintenance, it shall be replaced with a conforming sign.
J.
Unsafe signs.
(1)
Any sign found to be unsafe or derelict upon inspection by the Zoning Enforcement Officer shall be repaired or made secure by the permit applicant of record. The Zoning Enforcement Officer shall give notice by certified mail, return receipt requested, to such person to repair or remove such unsafe or derelict sign within five days of receipt of said notice. If the sign is not repaired, made secure or removed within said time period, or within such additional time as the Zoning Enforcement Officer may allow, the permit issued for said sign shall be revoked and the sign shall be ordered removed by the Zoning Enforcement Officer.
(2)
If a sign is found to be a source of imminent peril to persons or property, the Zoning Enforcement Officer shall cause said sign to be immediately removed without notice to the permit applicant of record or property owner, and all subsequent costs of removal by the City will be assessed against the property owner's tax bill.
K.
Signs not in use/abandoned. Any sign which is located on property which becomes vacant and unoccupied for a period of 90 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. The sign shall be removed after written notice by the Zoning Enforcement Officer to the owner of the property on which the sign is affixed. In the event such sign is not voluntarily removed, subsequent costs of removal by the City will be assessed against the property owner's tax bill.