Village of Corinth, NY Supplementary Regulations

All new residential uses shall include at least two off-street parking spaces per dwelling unit.

Design standards.

All parking lots shall have a continuous landscape treatment along roads and along neighboring properties. The Planning Board shall have the flexibility to decide the appropriate level of landscaping for individual applications.

(2)

Lighting for parking lots shall be designed in such a manner as to prevent glare into other properties.

(3)

Where applicable, the Planning Board will encourage the use of shared parking spaces for commercial uses, shared access to lots and interconnected parking lots. Also, the use of gravel, porous pavers, and grass parking may be recommended as suitable alternatives to limit the amount of impervious surfaces.[1]

[1]

Editor's Note: Original § 138-16A, Village of Corinth Waste Disposal Facilities Moratorium Law, which immediately followed this section, has been deleted as the moratorium has expired. See now § 500-20, Burning of waste. The moratorium was adopted 3-22-2006 by L.L. No. 1-2006 and amended 9-27-2006 by L.L. No. 6-2006 and 1-3-2007 by L.L. No. 1-2007.

§ 500-18 Loading standards.

Space for off-street loading shall be in addition to space for off-street parking. The Planning Board during the site plan review process shall determine the need, number and location of off-street loading berths for specific uses.

Each required loading berth shall be a minimum of 12 feet wide, 35 feet long and 14 feet high. The Planning Board may accept alternative design standards if the applicant can demonstrate that the alternative design is appropriate to the need and furthers good site design.

§ 500-19 Home occupations.

Purpose and intent. The conduct of home occupations may be permitted under the provisions of this section. It is the intent of this section to:

(1)

Ensure the compatibility of home occupations with other uses permitted in the Village;

(2)

Maintain and preserve the character of residential neighborhoods and areas;

(3)

Assure that facilities and services designed for residential neighborhoods and areas are not misused for inappropriate commercial purposes; and

(4)

Provide peace, quiet, and domestic tranquility within all residential neighborhoods and guarantee to all residents freedom from excessive noise and traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.

List of home occupations.

(1)

The following Class I Home Occupations are permitted by right provided that they are carried on in a manner which complies with the standards in Subsections A and C of this section:

	Antique dealer
	Appliance repair
	Art restoration
	Art studio
	Baby-sitting
	Bait shops
	Beauty salon, barbershop
	Consulting services such as architectural, landscape architectural, planning, engineering, interior design, financial planning services, insurance agent, attorney
	Data processing
	Day-care
	Dentist, dental technician
	Drafting and graphic services
	Dressmaking, sewing, tailoring, contract sewing
	Flower arranging
	Home crafts including ceramics with kiln up to 6 cubic feet, jewelry making and basketry
	Horticulture, landscape maintenance
	House-cleaning service
	Instrument lessons and training
	Locksmith
	Memorial sales and service
	Nurse practitioner, single licensed medical practitioner
	Real estate sales or broker
	Rehabilitation specialist, licensed massage therapist, physical therapist
	Saddle repair or leather repair
	Sales or manufacturer representative (office only)
	Seasonal farm stands
	Swimming pool maintenance
	Telephone answering, switchboard, and call forwarding
	Tutoring
	Typing and word processing
	Watch repair
	Writing, computer programming

(2)

Home occupations not listed above are considered Class II home occupations and shall be subject to site plan review.

(3)

Any home occupation which requires the use of toxic, explosive, flammable, combustible, corrosive, infectious, radioactive, or other restricted materials shall be considered a Class II occupation.

(4)

Any home occupation listed requiring the use of radioactive materials (i.e., x-rays) shall register with the Building Inspector.

Criteria and standards. In all residential districts, permitted home occupations shall be in compliance with the following criteria:

(1)

A home occupation shall be incidental and secondary to the lot's residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the residential district. A home occupation may be conducted within the primary dwelling or within an accessory building.

(2)

Pursuant to the New York State Uniform Fire Prevention and Building Code, no more than 25% of the floor area of the dwelling unit may be used in connection with a home occupation. In no event shall the home occupation utilize more than 500 square feet of the floor area of the dwelling unit.

(3)

The home occupation is to be conducted only by members of the family residing in or maintaining the dwelling unit plus no more than two nonresident assistants or employees at any one time.

(4)

A home occupation, including studios or rooms for instruction, shall provide parking pursuant to § 500-17 of this article.

(5)

There shall be no exterior storage of materials, equipment, or other supplies to be used in conjunction with a home occupation.

(6)

A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, heat or excessive vehicular traffic. A home occupation as provided by this chapter shall be completely contained within the principal or accessory building. Processes that are hazardous to public health, safety, or welfare are prohibited.

(7)

The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

(8)

Outdoor storage of equipment/accessory buildings must follow the same standards as accessory uses for each zone. Any accessory structure less than 140 square feet is not required to have a building permit.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permit application procedure. Application for a site plan approval for a Class II home occupation shall be made in accordance with § 500-21, Site plan review. It shall be issued upon finding that the proposed home occupation meets the criteria and standards in Subsection C above, as well as the site plan approval standards in § 500-21, Site plan review.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 500-20 Burning of waste.

[Added 5-16-2007 by L.L. No. 2-2007]

Purpose and findings.

[Amended 8-15-2007 by L.L. No. 4-2007]

(1)

The purpose of this section is to protect the public health, safety, and welfare of persons and property within the Village of Corinth and, in accordance with the Comprehensive Master Plan of 2002, "provide adequate areas for industrial growth" and simultaneously "take steps toward protecting the character of (the Village's) neighborhoods and Main Street."

(2)

This section will accomplish this goal by promoting pollution prevention via prohibiting the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste for any purpose at any location within the Village of Corinth and use of any fuel source for purposes of the recovery or generation of electricity at a nonresidential premises without a special use permit from the Corinth Village Board of Trustees (the "Village Board" or the "Board").

(3)

This section will ensure that solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste management continues to be conducted in a safe, sanitary, efficient and environmentally sound manner within the Village and will protect the residents of the Village from the effects of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste burning and/or processing, including:

(a)

Unaesthetic results, including odors, blowing litter, increased traffic, dust and noise;

(b)

Deterioration or perceived deterioration in property values associated with adjacent or proximate burning and/or processing operations that may interfere with the orderly development of properties; and

(c)

Threats to public health or the environment by contamination of air, land, surface waters or groundwaters.

(4)

This section is also intended to exercise the Village's police powers pursuant to the Municipal Home Rule Law and to restrict waste disposal operations within the Village that might otherwise be permitted under the Environmental Conservation Law of the State of New York. Section 27-0711 of the Environmental Conservation Law specifically recognizes and authorizes the right and authority of a village to legislate stricter controls on solid waste management operation than state law requires.

(5)

The Village Board recognizes the following in enacting this section:

(a)

The burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste within the Village may present a threat to the safety, health, and well-being of the residents of the Village and may impede the goals of the Comprehensive Master Plan as set forth above.

(b)

The Village's existing community character would be adversely and unalterably impacted by permitting the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste within the Village.

(c)

Solid waste regulation under the New York Environmental Conservation Law (ECL) and 6 NYCRR 360 deals with technical regulatory matters and is inadequate to relieve the foregoing concerns, including effects on land use and planning within the Village.

(d)

The State Environmental Conservation Law invites local government to establish more strict standards necessary, in its judgment, to promote and protect the well-being, health and safety of its citizens.

Definitions. For the purposes of interpreting this section, the definitions in § 500-39 of this chapter shall be controlling.

[Amended 8-15-2007 by L.L. No. 4-2007; 5-7-2014 by L.L. No. 1-2014]

Restrictions.

[Amended 8-15-2007 by L.L. No. 4-2007]

(1)

No person shall be permitted to burn and/or change in any way the chemical composition of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste at any location within the Village of Corinth for any purpose.

(2)

In addition, no person shall be permitted within the Village of Corinth to use any fuel source in order to recover or produce any type of energy, other than heat to be used on a residential premises or generators providing a secondary source of power to residential or commercial properties solely in the event of a power outage or wholly temporary uses such as public events that require electrical power, without a special use permit granted by the Village Board pursuant to this section, § 500-10 and the Village Law of the State of New York. Persons must apply to the Village Board and provide such information and documentation as the Board may reasonably require in deciding upon an application. No person who receives a special use permit shall accept, handle, import, transport, or handle any solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste created or generated by any other party or from any location outside of the Village.

Penalties for offenses.

(1)

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding $1,000 for each offense or by imprisonment in the Saratoga County Jail for not more than 60 days or by both such fine and imprisonment. When a violation of this section is continuous, each 24 hours thereof shall constitute a separate and distinct offense. The Board shall also have the power to bring a civil action to restrain by injunction any violation of this section in a court of competent jurisdiction.

(2)

Should the Board deem it necessary for the protection of the health and well-being of the residents of the Village of Corinth, the Board or its duly authorized representatives may enter upon the premises of any person or legal entity in violation of this section for purposes of monitoring, cleanup and controlling, in any way it deems necessary, the prohibited material located on said premises. The expenses and costs associated with said monitoring, cleanup and/or control shall be assessed against the offending person or entity who or which owns or controls said premises and/or shall be assessed against the real property which is the subject of said monitoring, cleanup and/or control of prohibited material and shall constitute a lien and charge against said real property until fully and completely discharged.

(3)

Any person violating this section shall be subject to a civil penalty enforceable and collectible by the Village in the amount of $1,000 for each offense. Such penalties shall be collectible by and in the name of the Village for each day that such violation shall continue.

Effect on other laws and powers.

(1)

This section shall be deemed to amend, supersede and repeal any other ordinances and local laws to the extent inconsistent therewith.

(2)

Nothing herein shall be deemed to be a waiver of, or restriction upon, any rights and powers available to the Village to further regulate the subject matter of this section.

Coordination with state law. All relevant sections of Article 27 of the Environmental Conservation Law and 6 NYCRR 360 to 364 and 617 are deemed to be included within and as part of this section, and any violation thereof shall be considered to constitute a violation of this section.

§ 500-21 Site plan review.

[Added 12-5-2018 by L.L. No. 2-2018]

Intent and purpose:

(1)

Through site plan review, it is the intent of this section to promote the health, safety and general welfare of the Village. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village and the general welfare of its inhabitants.

(2)

It is further the intent of this section to ensure the optimum overall conservation, protection, preservation, development and use of the natural and people-related resources of the Village by regulating land use activity within the Village through review and approval of site plans. It is not the intent of this section to prohibit per se any land use activity, but to allow all land use activities which will meet the standards set forth in this section.

(3)

Site plan review is required for those land use activities identified as requiring site plan review approval in Schedule 1.[1] No construction, development or site preparation shall be undertaken, and no building permit shall be issued for any such use unless and until the Planning Board has approved, with or without conditions, the site plan for such use. No building permit for a use requiring site plan approval shall be valid without site plan approval.

[1]

Editor's Note: Schedule 1 is included as an attachment to this chapter.

Authorization of Planning Board to review site plans. The Planning Board is hereby authorized to review and approve, disapprove or approve with conditions the site plans for land uses within the Village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this section.

Applicability of review requirements:

(1)

Exemptions. Unless proposed in association with a project currently subject to site plan approval or otherwise required herein, the following uses and activities are exempt from site plan approval but may still be subject to relevant requirements of Chapter 500, Zoning, of the Code of the Village of Corinth.

(a)

Construction or expansion of a single-family dwelling and ordinary accessory structures and related residential land use activities.

(b)

Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this section.

(c)

Ordinary repair or maintenance or interior alterations to existing structures or uses.

(d)

Exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 10%.

(e)

Nonstructural agricultural or gardening uses.

(f)

The sale of agricultural produce and temporary structures related to sale of agricultural produce.

(g)

Garage, lawn and porch sales not exceeding three consecutive days or a total of nine days in any calendar year.

(2)

Any person uncertain of the applicability of this section to a given land use activity and/or unsure of the subject property's previous permits and approvals may apply in writing to the Code Enforcement Officer for a written jurisdictional determination.

Effect on existing uses. This section does not apply to uses and structures which are lawfully in existence as of the date this section becomes effective. Any use which would otherwise be subject to this section that has been discontinued for a period of one year or more shall be subject to review pursuant to the terms of this section before such use is resumed. Any use or structure shall be considered to be in existence provided that the same has been lawfully and substantially commenced as of the effective date of this section and fully constructed and completed within one year from the effective date of this section.

Relationship to other laws and regulations. This section in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this section conflicts with any other such law or regulation, the more restrictive shall apply.

Special use permit and site plan review:

(1)

Special use permit. A use that requires a special use permit shall also require site plan approval.

(2)

Site plan review. The Planning Board shall conduct site plan review independently or in conjunction with its review of a special use permit application. Such review may occur concurrent with or subsequent to special use permit review.

Any term used in this section which is not defined hereinabove shall carry its customary meaning unless the context otherwise dictates.

Application procedures and placement on agenda. For a site plan matter to be placed on the Planning Board's meeting agenda, the required application materials pursuant to Subsection L of this section, Application for site plan approval, shall be submitted to the Code Enforcement Officer at the Village of Corinth Village Hall at least seven days prior to the date of the next Planning Board meeting. To schedule a preapplication review meeting with the Planning Board as described in Subsection K of this section, Preapplication review meeting, a request for a meeting shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted to the Code Enforcement Officer at the Village of Corinth Village Hall at least seven days prior to the next Planning Board meeting at which the preapplication review meeting is requested to be scheduled.

Completeness review:

(1)

Initial review. During the first meeting at which a site plan application is first presented as an agenda item, the Planning Board shall determine whether the application is complete for the purposes of commencing the review process. If an application is determined to be incomplete, the Planning Board shall notify the applicant as to what aspects of the application submittal are lacking or are otherwise insufficient to start the review process. The applicant has the right to request a written notice of incomplete items from the Planning Board.

(2)

Site plan review time frames. The time frames for Planning Board action during the review process shall not commence until the submission of a fully complete application with supporting documents and materials and the determination by the Planning Board that the application is complete.

(3)

Preapplication review meeting. Scheduling of a sketch plan review meeting may resolve confusion and thereby save time by allowing an opportunity for the applicant and the Planning Board to identify what documentation will be expected to constitute a complete application. Holding a preapplication meeting will not guarantee that the Planning Board will deem the subsequent application complete.

Multiple uses. For projects involving two or more contiguous parcels on which more than one use requiring site plan approval is proposed, the applicant may submit a single application for all such uses. The Planning Board may grant the application with respect to some proposed uses and not others. For the purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

Preapplication review meeting:

(1)

At the request of an applicant, a preapplication review meeting may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a meeting is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.

(2)

To accomplish these objectives, it is recommended that the applicant provide the following:

(a)

A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;

(b)

An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel; and

(c)

A topographic or contour map of adequate scale and detail to show site topography.

(3)

At the request of the applicant, the Planning Board will provide the applicant with a list of information to be submitted with the site plan application as well as any recommendations the Planning Board may have made with respect to the proposed application during the preapplication meeting. Upon submission of a formal site plan application subsequent to a preapplication meeting, the Planning Board reserves the right to request additional information necessary to deem the application complete.

Application for site plan approval:

(1)

An application for site plan approval shall be made in writing by submitting nine copies to the Code Enforcement Officer and shall be accompanied by the information contained on the following checklist. Where a preapplication meeting was held, the accompanying information shall be determined by the Planning Board at said preapplication meeting.

(2)

Site plan checklist. A site plan checklist shall include the following:

(a)

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

(b)

North arrow, scale and date.

(c)

Boundaries of the property, including all driveways, plotted to scale, preferably 1:40.

(d)

Existing buildings.

(e)

Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics, watercourses and wetlands.

(f)

Location, design, type of construction, proposed use and exterior dimensions of all buildings and structures.

(g)

Location, design and type of construction of all driveways, parking areas and truck loading areas, showing access and egress, including all driveways.

(h)

Provision for pedestrian access, sidewalks and bike paths, if any.

(i)

Location of outdoor storage, if any.

(j)

Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.

(k)

Description of the method of sewage disposal and location, design and construction materials of such facilities.

(l)

Description of the method of securing public water and location, design and construction materials of such facilities.

(m)

Location of fire and other emergency zones, including the location of fire hydrants.

(n)

Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.

(o)

Location, size and design and type of construction of all proposed signs.

(p)

Location and proposed development of all buffer areas, including existing vegetative cover.

(q)

Location and design of outdoor lighting facilities.

(r)

Identification of the location and amount of building area proposed for retail sales or similar commercial activity.

(s)

General landscaping plan and planting schedule.

(t)

An estimated project construction schedule.

(u)

Record of application for and status of all necessary permits from other governmental bodies.

(v)

Identification of any permits from other governmental bodies required for the project's execution.

(w)

Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.

(3)

Waivers. The Planning Board may waive one or more of the application requirements set forth in § 500-15L of this section with a simple majority of Planning Board members.

Reimbursable costs:

(1)

Consultant reviews. In certain instances where the Planning Board determines an application, or any aspect thereof, requires one or more consultants to assist the Planning Board, said Board may require, in addition to the required application fee, a deposit in an amount sufficient to reimburse the Village for reasonably estimated costs. Said amount shall be based on the specific fee schedule of the consultant or consultants retained as well as the scope of services to be provided by such consultant(s).

(2)

Escrow deposit:

(a)

The Village shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant(s) retained shall provide the Village with detailed invoices showing the services rendered for the time period billed and the Village shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues. Any deposited amounts that remain at the end of the process shall be returned to the applicant.

(b)

If funds within an escrow account fall below one quarter of the initial deposit and future consultant work is anticipated which will exceed the remaining balance, the Planning Board reserves the right to suspend the associated site plan application review process until funds sufficient to cover expected consultant costs are deposited.

Site plan review criteria - general standards and considerations. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general standards and considerations:

(1)

Consistency with the Comprehensive Plan.

(2)

Location, arrangement, size, design and general site compatibility of buildings, structures, lighting and signs.

(3)

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

(4)

Location, arrangement, appearance and sufficiency of off-street parking and loading.

(5)

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience, sidewalks and bicycle paths, if any.

(6)

Adequacy of stormwater and drainage facilities.

(7)

Adequacy of water supply and sewage disposal facilities.

(8)

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.

(9)

Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

(10)

Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(11)

Overall impact on the neighborhood, including compatibility of design considerations.

(12)

Overall impact on scenic, aesthetic, recreational, wildlife, historic, ecological and natural resources of the Village and Adirondack Park.

(13)

Overall impact on public health and safety.

Reservation of parkland. For any site plan containing residential units, the Planning Board may require the reservation of parkland or payment of a recreational fee pursuant to New York State Village Law.

Specific standards and considerations. The following shoreline standards and considerations shall apply in conjunction with the subject uses or in the designated areas:

(1)

All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground- and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project and to generally maintain the existing aesthetic and ecological character of the shoreline.

(2)

Any boat pump-out or other connection to provide for the accommodation of sanitary wastes shall be connected to an adequate disposal system.

(3)

Any marina, boat service facility or any storage of petroleum products shall include adequate provisions for ensuring that any leak, rupture or spill will be contained and not be introduced into or affect the nearby water sources.

(4)

Any paved area or otherwise improved parking, loading or service area within 100 feet of any shoreline shall be designed and constructed to prohibit surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway.

Compliance with state standards. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

Public hearing and Planning Board decision:

(1)

The Planning Board has the discretion to hold a public hearing on the application if the Planning Board determines that there are factors involved that warrant the need for public input through a public hearing.

(2)

When considering if a public hearing should be held, the Planning Board shall consider factors that are relevant to the proposed project, site and surrounding properties, including, but not limited to, the following:

(a)

The potential for moderate to significant increases in traffic;

(b)

Projects that involve nonresidential uses proposed adjacent to residential uses, public parks or schools;

(c)

Projects requiring the construction of new parking lots;

(d)

Projects proposed to be in both the Village of Corinth and an adjoining community;

(e)

Projects that require extension of municipal water and/or sewer; and

(f)

Projects that may have neighborhood, community and/or regional implications.

(3)

Planning Board responsibility.

(a)

If a public hearing is considered desirable by a simple majority of members of the Planning Board, the following shall apply:

[1]

The Planning Board shall hold the hearing within 62 calendar days from the date the application was deemed complete.

[2]

The Planning Board, by resolution, shall fix the place, date and time of the public hearing.

[3]

The Planning Board shall mail a notice of said hearing to the applicant at least 10 days before said hearing at which he or she shall appear in person or by agent.

(b)

The Planning Board shall give legal notice of the hearing in the Official Village newspaper at least five calendar days prior to the date thereof. When the application is for a site plan review and approval on property that is within 100 feet of an adjacent municipality, notice shall be given, in accordance with § 239-m of the General Municipal Law, to the clerk of the adjacent municipality at least 10 days prior to the public hearing.

County referral:

(1)

Referral to County Planning Agency. Upon receipt of the application materials deemed to be complete by the Planning Board, the Planning Board shall refer the application to the Saratoga County Planning Board in accordance with General Municipal Law § 239-m, as amended.

(2)

Such referral shall be necessary for any application for site plan approval affecting real property within 500 feet of the boundary of:

(a)

The Village of Corinth;

(b)

Any existing or proposed county or state park or other recreational area;

(c)

The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;

(d)

Any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines;

(e)

Any existing or proposed county or state-owned land on which a public building or institution is situated;

(f)

A farm operation within an agricultural district as defined in Article 25AA of the Agriculture and Markets Law.

(3)

No action shall be taken on applications referred to the Saratoga County Planning Board until its recommendation has been received, or 30 days have elapsed after its receipt of the complete application, unless the county and Village agree to an extension beyond the thirty day requirement of the county's review.

(4)

County disapproval or recommendation for modification. A majority-plus-one vote of the Planning Board shall be required to approve any site plan which receives a recommendation of disapproval or a recommendation to modify the proposed project from the county because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.

Planning Board decision:

(1)

Within 62 days of the conclusion of the public hearing, the Planning Board shall render a decision. In its decision, the Planning Board may approve, approve with modifications, approve with conditions or disapprove the site plan. The period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.

(2)

Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

(3)

Approval with modifications or conditions. The Planning Board may conditionally approve the final site plan. A copy of a written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

(4)

Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Village Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.

(5)

Expiration of approval; extensions.

(a)

Site plan approval shall expire after one year of the date of approval of the site plan if actual construction has not been begun by the applicant. Actual construction is hereby defined as the placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction; where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction. An applicant whose site plan approval has expired may resubmit a new site plan application.

(b)

The Planning Board may, in its sole discretion, at the applicant's written request and, in any event, at least 30 days prior to the expiration of the initial one-year approval, grant the applicant an extension of time within which to comply with the site plan, provided that the applicant has made reasonable good faith efforts to complete construction and implement the site plan as provided within the aforesaid one-year period, and further provided that such extension shall in no event exceed one year. No further extensions will be permitted.

Inspection of improvements and revocation:

(1)

The Code Enforcement Officer shall be responsible for the overall inspection of site improvements including coordination with the Planning Board and other officials and agencies, as appropriate.

(2)

A site plan approval may be revoked by the Code Enforcement Officer if the applicant or the applicant's successors or assigns violates or is found to be out of compliance with any one or more of the terms, conditions, limitations or requirements imposed by the site plan approval or engages in any construction or alteration not authorized by the site plan approval.

Procedure for appeal of Planning Board decision. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules.

Miscellaneous provisions:

(1)

Further regulations by Planning Board. The Planning Board may, after a public hearing, adopt such further procedural rules and regulations as it deems reasonably necessary to carry out the provisions of this section.

(2)

Amendments:

(a)

The Village Board may, on its own motion, on petition or on recommendation of the Planning Board, after public notice and hearing, amend this section pursuant to all applicable requirements of law.

(b)

All proposed amendments originating by petition, or by motion of the Village Board, shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.

(3)

Integration of procedures. Whenever the circumstances of proposed development require compliance with this section and with any other local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.

(4)

Penalties for offenses. A violation of this section is declared to be an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week in which the violation continues shall constitute a separate offense.

(5)

Project completion according to site plan approval. Any site plan approved, or approved with conditions, may be commenced and completed as approved. Any modification by an applicant from an approved site plan shall require the approval of the Planning Board. No certificate of occupancy shall be issued and no new land use shall be commenced unless the enforcement officer shall determine that such building or use is in compliance with the site plan approval.

§ 500-22 Signs.

[Added 12-5-2018 by L.L. No. 2-2018]

Purpose and intent. This section recognizes the importance of signs to inform the public and as an aid to local businesses in attracting customers. It also recognizes that neither the traveling public nor local business are well served by unlimited numbers and sizes of signs. The purpose of this section is to promote and protect the public health, safety and welfare by regulating existing and proposed signs and display graphics of all types, while at the same time ensuring the constitutional guaranteed right of free speech is protected. It is further intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the Village of Corinth, preserve the scenic and natural beauty of the Gateway to the Adirondacks and the shores along the Hudson River and provide a more enjoyable and pleasing community for residents of and visitors to the Village of Corinth. It is further intended to reduce sign and display distractions and obstructions that may pose a traffic or pedestrian hazard caused by signs overhanging, projecting into or near the public right-of-way. Moreover, it is the purpose and intent of this section to permit only those signs which are:

(1)

Legible in the circumstances in which they are seen;

(2)

Compatible with their surroundings and environment; and

(3)

Appropriate to the type of activity to which they pertain.

Severability clause. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this section is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this section.

Substitution clause. Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

Compliance with other laws. Nothing in this section shall exempt any applicant for a sign permit from full compliance with all other applicable federal, state or local laws.

Sign permits:

(1)

Permit required. Before the alteration, construction, or installation of any sign, except prohibited and exempt signs pursuant to this section, a permit shall be secured from the Building Department in the manner required in Subsections E(2) and (3) below. Applications for sign permits shall be made on a form prescribed by the Building Department, and a standard fee, as determined by the Village Board, shall be charged for processing the application. Charitable organizations are exempt from the payment of fees, upon approval of charitable status.

(2)

Planning Board. Approval shall be required from the Planning Board for proposed sign(s) associated with a project subject to Planning Board approval pursuant to the Village Code.

(3)

Building Department. Except when subject to review by the Planning Board as stated herein, any sign meeting relevant requirements of this section, in the opinion of the Building Department, shall receive a permit from said Building Department within seven business days of filing all required application materials.

Exempt signs. The following types of signs may be erected, maintained and removed without permits or fees, provided that they comply with the relevant requirements of this section:

(1)

Signs located on or in a rolling stock of common carriers, provided that such rolling stock is not regularly parked near a public right-of-way in such a way that the rolling stock becomes the functional equivalent of a prohibited or nonconforming sign.

(2)

Signs on registered and inspected motor vehicles except those which are determined by the Code Enforcement Officer to be circumventing the intent of this section.

(3)

Signs erected by the Village of Corinth or Corinth Central School District.

(4)

Signs erected by the State of New York or any of its boards, agencies or departments and any other local, county, state or federal agency for official business purposes.

(5)

Signs with an area not more than 260 square inches related to public transportation stops.

(6)

Small on-premises signs, no more than two square feet in size, which are necessary for and displayed for the direction, instruction, or convenience of the public, including signs which identify rest rooms, freight entrances, posted areas, and other similar types of signs. Up to two such signs per lot are exempt under this provision. The Building Department may issue permits for additional signs, upon filing of a sign application and a demonstration of the necessity for those signs. The intent of this provision is to allow for small signs providing information. Lettering shall be generic and advertising or logos (including business names) are prohibited on directional signs. These signs shall not be illuminated. Where freestanding, these signs shall not be more than three feet high and shall not obstruct pedestrian or vehicular safety or circulation. Where building-mounted, these signs shall be placed in appropriate locations related to safety issues and architectural design.

(7)

Residential signs as defined in this section.

(8)

Informational signs up to 16 square feet in size, on lands which have been conserved by easement or other permanent, protective measures or is of a historical nature.

(9)

Noncommercial message flags.

Prohibited signs:

(1)

Unless otherwise specifically stated, the following signs are prohibited:

(a)

Nonoperational business signs. No signs or advertising shall remain on a nonoperational business premises more than 30 days after the business has closed. One thirty-day extension may be granted by the Code Enforcement Officer. The Code Enforcement Officer may allow sign structures without advertising messages to remain in place where appropriate and usable by a subsequent business, provided the structures are not considered nonconforming pursuant to this section.

(b)

Off-premises signs/billboards.

(c)

Animated signs: any sign manifesting kinetic or illusory motion caused by natural, mechanical, manual, electric or other means.

(d)

Signs which display intermittent or flashing lights or lights of varying degrees of intensity or moving parts, except barber's poles, time/temperature signs and signs erected by a public agency.

(e)

In residential zones or on property used for nontransient residential uses, commercial message signs are prohibited, unless said signs are associated with an allowed home occupation pursuant to Article V, Supplementary Regulations, § 500-19.

(f)

Search lights, laser beams, twirling signs, streamers, spinners, balloons or other gas-filled figures or inflated signs, other moving devices and similar materials shall be prohibited, with or without any message or logo on them, unless otherwise specified herein. This prohibition does not include noncommercial message flags, as defined herein.

(g)

Roof signs.

(h)

Signs located in windows above the second story of a building.

(i)

Signs that emit smoke, vapors or particles, sounds or colors.

(j)

Signs incorporating projected images. This prohibition does not apply to private residences displaying seasonal messages or images on said residence.

(k)

Any other sign not specifically listed as allowed in this section.

No sign may be installed or maintained along and visible from a street or highway which:

(1)

Interferes with, imitates, or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic.

(2)

Prevents the driver of a motor vehicle from having clear and unobstructed view of official traffic control signs and approaching or merging traffic.

(3)

Contains, includes or is illuminated by any flashing, intermittent or moving lights or contains or consists of streamers or spinners, or other moving devices, or has any animated or moving parts, except traffic control signs. Commercial holiday decorations or displays are specifically excluded from this restriction from one week before Thanksgiving until January 31. Seasonal lights employing customary strings of white lights are specifically excluded from this restriction during the "dark season" as defined by Eastern standard time (from the last Sunday in October to the first Sunday in April) that part of the year when Eastern standard time is in effect in the Village.

(4)

Contains any lighting that is not shielded to prevent light from being directed off site, or at any portion of the traveled highway or street or is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or otherwise to interfere with or to impair the vision of the driver of any motor vehicle, or otherwise to interfere with the operation thereof.

(5)

Is fraudulent or misleading or is in violation of or at variance with any federal law or regulation, including one containing or providing for conditions to or affecting the allocation of federal highway or other funds to the benefit of the state or any subdivision thereof.

(6)

Advertises activities which are illegal under state or federal law.

(7)

Is not clean and in good repair.

(8)

Is not securely affixed to a substantial structure.

Measuring sign area:

(1)

Sign surface area:

(a)

Will be the entire area within a single continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for or in a manner intended to increase the visibility of the display.

(b)

Back-to-back signs, identical signs arranged back-to-back or diverging less than 30° from a common line or point may be counted as one sign.

(c)

The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia.

(2)

Sign height. The height of any sign shall be measured from grade level to the top of the sign or any part of its structure.

Sign location. No sign may be attached to, placed upon, or painted upon utility poles, street signs, fences, other existing signs and sign posts, trees, rocks, or other natural features.

Structural requirements:

(1)

All signs shall be maintained in good structural condition at all times. All signs, including sign structures and sign faces, shall be kept neatly painted, including all metal parts and supports that are not galvanized or of rust-resistant metals, and in a general state of good repair. For the purposes of this requirement, "good repair" shall mean that there are no loose, broken or severely weathered portions of the sign structure or sign face.

(2)

The Code Enforcement Officer may inspect any sign regulated by this section to confirm the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(3)

Signs shall be engineered to withstand a wind load of 30 pounds per square foot, excepting, however, wireframe signs.

Safety. The Code Enforcement Officer may require the adjustment or relocation of any sign to help ensure vehicular and pedestrian safety.

Existing signs:

(1)

Signs existing at the time this section is enacted and that are not in compliance with the requirements set forth herein shall have a period of one year from the date of enactment of this section to either be removed or be removed and replaced by a sign which meets the requirements of this section.

(2)

Owners of signs existing at the time this section is enacted and that are not in compliance with the requirements set forth herein and cannot meet the one-year compliance requirement as stated in § 500-22M(1) above may apply for an extension from the Zoning Board of Appeals for up to one additional year.

(3)

In considering approval of the extension the Zoning Board of Appeals shall determine if the financial detriment to the owner to erect and/or install a compliant sign outweighs the potential benefit to the surrounding neighborhood based on:

(a)

Improved aesthetic appearance of a compliant sign; and

(b)

Any potential improvements to public safety resulting from a compliant sign.

Permanent freestanding, pole, pylon and monument signs:

(1)

Pole, pylon and monument signs, as defined in this section, shall be the only permanent freestanding signs allowed in the Village of Corinth.

(2)

Number:

(a)

One permanent freestanding sign is allowed per lot.

(b)

One additional permanent freestanding sign may be permitted if the lot upon which the sign is located is within the Village Business (VB) District and has at least 650 feet of combined frontage on a Village, county and/or state road and only under the following conditions:

[1]

The two signs shall be at least 350 linear feet apart;

[2]

If a landowner chooses to have an additional sign as permitted herein, then each sign on that lot shall be limited to the standard maximum square feet per sign permitted in that zone as prescribed in this section.

(3)

Maximum allowed height and square feet. The maximum allowed height and square feet for pole, pylon or monument signs are as follows unless otherwise stated elsewhere in this section.

Zoning District	Maximum Size (square feet)	Maximum Height (feet)
Suburban Residential (SR)	4	4
Village Residential I and II (VR-I and VR-II)	4	4
Village Business (VB)	32	12
Gateway Corridor (GC)	16	8
Secondary Gateway Corridor (SGC)	8	6
Industrial (I)	32	10

(4)

Sign design. Permanent freestanding signs shall only have two sides, which are parallel to each other and no more than six inches apart.

(5)

Sign materials:

(a)

Minimum requirements: shall meet the definition of a "permanent sign" as defined in this section.

(b)

Preferred materials. The Village of Corinth strongly encourages the use of durable materials resembling wood that is carved, engraved or otherwise replicates a wooden sign with lettering and designs either carved or engraved, recessed or applied to the surface. Signs should be finished with the same or compatible materials as the building on the site. The Planning Board shall consider alternative sign materials of a permanent nature if proposed. Approval for the use of alternative sign materials shall be guided by the proposed signs compatibility with the colors, materials and architecture of the building and other buildings in the immediate vicinity.

(6)

Setback. Permanent freestanding signs and their associated support structures shall be set back at least three feet from the inner edge of sidewalks; where sidewalks do not exist, the setback shall be at least eight feet from the traveled way or edge of pavement of the nearest street or highway. The Planning Board and Code Enforcement Officer reserves the right to require a further setback if site conditions require to ensure pedestrian and driver safety.

(7)

Businesses without frontage on a public road. In cases where a business is located on a parcel which does not have frontage on a public road and is served by a legally deeded right-of-way through a parcel which does have such frontage, said right-of-way shall be considered as a part of the business's lot for purposes of an allowable permanent freestanding sign. However, any such sign must be shared with the front parcel and shall require Planning Board approval. This subsection shall not be interpreted to increase the number or size of permanent freestanding signs allowed on any parcel or lot.

(8)

Business directory signs:

(a)

If the Planning Board finds that a shared business directory sign is appropriate and necessary to inform the public of the location of multiple businesses, in addition to any permanent freestanding sign that may be permitted, there may also be permitted a single permanent freestanding sign that shall be shared by all businesses which share a single access point or road off a major public road. To maximize the effectiveness of this sign, consideration should be given to a single "place name" rather than simply a list of land uses or businesses.

(b)

This provision shall not interfere with the rights of the underlying landowner (over whose land the access road traverses) to have his/her own separate sign(s) in accordance with this section.

Wall signs:

(1)

Number. If there is no permanent freestanding sign on a lot, then two wall signs per lot may be permitted on the building where the related activity occurs. If there is one permanent freestanding sign on the lot, then one wall sign may be permitted on the building where the related activity occurs. If two wall signs are proposed, each sign shall not exceed the total permitted size as stated herein.

(2)

Location:

(a)

Where mounted on a wall, these signs shall protrude no more than six inches from the wall.

(b)

Wall signs shall be mounted in traditional locations which fit with the architectural design of buildings, such as over entrance doors. In addition, one three-square-foot flush-mounted sign may be permitted at the rear entrance of each business on a lot, provided that:

[1]

This rear entrance is a direct access from a rear parking lot which is located in the rear yard as defined in this section.

[2]

This rear entrance is in addition to a front or side entrance.

[3]

The sign is not illuminated in any manner.

(3)

Size. The maximum allowed size for each wall sign is as follows unless otherwise stated in this section.

Zoning District	Maximum Size (square feet)
Suburban District (SR)	8
Village Residential I and II (VR-I and VR-II)	8
Village Business (VB)	60
Gateway Corridor (GC)	8
Secondary Gateway Corridor (SGC)	8
Industrial (I)	60

(4)

Sign materials:

(a)

Minimum requirements. Wall signs shall meet the definition of a "permanent sign" as defined in this section.

(b)

Preferred materials. The Village of Corinth strongly encourages the use of durable materials resembling wood that is carved, engraved or otherwise replicates a wooden sign with lettering and designs either carved or engraved, recessed or applied to the surface. Signs should be finished with the same or compatible materials as the building on the site. The Planning Board shall consider alternative sign materials of a permanent nature if proposed. Approval for the use of alternative sign materials shall be guided by the proposed sign's compatibility with the colors, materials and architecture of the building and buildings in the immediate vicinity.

Awning sign. An awning sign is a sign which is located on or is part of an awning. For the purposes of this section, an awning shall consist of cloth or nontranslucent material affixed to the exterior of a building by a permanent structure that may be retractable; extending at least three feet from the exterior wall; and providing shade and rain cover for pedestrians and visitors to the building.

Projecting/blade signs. Projecting signs may be substituted for allowable wall signs on a one-for-one basis. These signs shall not exceed eight square feet in size and shall not extend further than four feet away from the building. For safety reasons, the lowest part of the sign or its support structures shall be at least eight feet above the sidewalk or grade directly beneath the sign.

Soffit signs. Where a covered walkway exists on a building with more than two tenants in separate business, each tenant may have one two-square-foot sign which is hung from the soffit. This sign shall be hung in front of the entrance to the business which it advertises and hung in a direction perpendicular to the walkway so that it is legible to pedestrians on the walkway. Soffit signs are permitted in addition to any other sign allowed in this section.

Temporary signs. One temporary sign per use, made of rigid material and up to eight square feet in size, and eight feet in height, may be permitted for a new use. The temporary wrapping of an existing permanent sign with high quality materials shall also be permitted. All temporary signs shall be displayed for no more than 60 days and comply with the following requirements:

(1)

A permit has been issued for a new land use or business;

(2)

A certificate of occupancy has been approved for that use or business;

(3)

A complete sign application has been submitted for a permanent sign for that use or business; and

(4)

The Code Enforcement Officer finds that the temporary sign conforms to this section and to generally accepted practices and/or any adopted design guidelines; otherwise, this sign may be reviewed through the design review process.

Sidewalk signs, sandwich board and pedestal signs:

(1)

One sandwich board or pedestal sign, as defined by this section, shall be allowed on each lot and may be placed on or near the sidewalk in a location that does not impede pedestrian flow by leaving a minimum cleared area of four feet to pass and does not negatively impact sight distances or create a hazard. Signs may be placed on sidewalks between the hours of 7:00 a.m. and 9:00 p.m., Eastern standard time.

(2)

Size and height. Sandwich board and pedestal signs shall be no larger than eight square feet and shall have a maximum height of four feet.

(3)

No permit required. No permit is required to display a sandwich board or pedestal sign. All other regulations as listed in this section must be followed.

Wireframe, metal frame and post signs:

(1)

Two of any combination of metal frame, post and wireframe signs are permitted in any zoning district and on any lot without a permit under the following restrictions.

(2)

Size:

(a)

Height. Wireframe, metal frame and post signs shall have a maximum height of five feet.

(b)

Area. Wireframe, metal frame and post signs shall have a sign area no larger than six square feet.

(3)

Election season. One additional wireframe, metal frame or post sign shall be permitted on each lot during election season as that term is defined in this section.

Banners, pennants and posters:

(1)

Banners, pennants and posters, as these terms are defined herein, may be allowed in any zoning district, only after obtaining a permit from the Building Department. Permittees shall be entitled to use banners, pennants or posters for not more than 20 days per calendar year except as provided in Subsection V(2) below and except that an additional 20 days per calendar year shall be allowed for nonprofit organizations or other noncommercial organizations.

(2)

A permit shall be issued for the use of banners, pennants and posters only in locations where such signs will not cause unreasonable annoyance or inconvenience for adjoining property owners or other persons in the area and on other such conditions as deemed necessary to protect adjoining premises and the public. The maximum size allowed for any one banner, pennant or poster is 40 square feet. All banners, pennants and posters shall be removed on or before the expiration date of the permit.

Commercial flags. A maximum of one commercial flag, no larger than 15 square feet, as defined herein, shall be allowed for each business without a permit.

Sign lighting. The Village of Corinth has determined that externally illuminated signs are more consistent with the character of the Village.

(1)

Internally illuminated signs may be allowed only with Planning Board approval and after the applicant has provided justification of the need for such sign and how it will be in keeping with the Village character.

(2)

General illumination standards:

(a)

Illumination should not interfere or distract from the message conveyed by the sign.

(b)

Lighting for signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises.

(c)

The light source, whether internal to the sign or external, shall be shielded from view. This requirement is not intended to preclude the use of creative lighting alternatives provided such light source does not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises, result in glare off site, neighboring properties or into the sky.

(d)

Illumination should be appropriate for the location, use and character of the neighborhood.

(e)

Illumination should appear integrated into the building facade or property/neighborhood character.

(f)

Illuminated signs should not be illuminated after 10:00 p.m. or the close of business, whichever is later.

(g)

Flashing, blinking, revolving, or rotating lights are not permitted.

(h)

All exposed conduit and junction boxes should be concealed from public view.

(i)

Lighting on any sign shall be directed and shielded so that the light shines only on the subject sign and to prevent glare off site, into the sky, or onto adjoining properties or roads and highways.

(j)

All bulbs shall be shielded or hooded.

(k)

All ground-mounted fixtures shall be screened by bushes or other appropriate means; all fixtures mounted on the sign itself shall blend in with the background color of the sign or its surroundings, as deemed appropriate for the site.

(l)

Lighting on any sign shall be limited to a total of 150 watts of incandescent light or its equivalent, unless otherwise authorized for unique site or sign-specific reasons.

(m)

Where a sign or its lighting fixtures are being replaced or substantially altered, then lighting shall be brought up to these standards. Applicants must demonstrate that lighting fixtures will satisfy these standards and are appropriate for site-specific needs and circumstances.

(3)

External illumination standards:

(a)

External lighting fixtures that project light on a sign from above or below are strongly encouraged.

(b)

Light fixtures should be simple and unobtrusive in appearance and size.

(c)

Light fixtures should be positioned as to not obscure the sign's message and graphics.

(d)

Light sources should be shielded as such that the light source is directed away from passersby.

(e)

Light sources should be directed against the sign such that it does not shine onto adjacent property or cause glare for motorists and pedestrians.

(f)

Bare light bulbs shall not be exposed.

(g)

Awnings with signage included shall always be externally illuminated.

(4)

Internal illumination standards:

(a)

Internally illuminated sign cabinets that allow the entire face to illuminate are prohibited.

(b)

The sign background or field shall be opaque and of a nonreflective material.

(c)

A maximum of one internally illuminated sign shall be allowed per business.

(5)

The Code Enforcement Officer may require the adjustment or relocation of any sign lighting to prevent glare and to ensure vehicular and pedestrian safety. No luminous sign, indirectly illuminated sign, or lighting device shall be placed or directed to cast glare or diffused beams of light upon any public street, highway, sidewalk, or adjacent premises, or otherwise to cast glare or reflection that may constitute a traffic hazard or public nuisance. No sign shall in its construction employ any mirror or mirror-like surface, nor any day glowing or other fluorescent paint or pigment. No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. All luminous signs, indirectly illuminated signs, and lighting devices shall employ only white/clear lights emitting light of constant intensity.

(6)

Indoor internally illuminated window signs may be displayed and may cover up to 25% of the total window area per business.

Special categories of signs:

(1)

Gasoline station signs. The following signs are permitted:

(a)

Gasoline price signs shall be confined to the pump island. The signs shall be limited to one square foot in area and one per pump.

(b)

Gasoline prices may be incorporated into the single freestanding sign allowed on the lot, provided that this freestanding sign is located near the pump island.

(c)

Fuel service station canopy signs:

[1]

A fuel service station with a canopy shall be permitted two canopy signs in total and will count towards the total permitted wall signage area for the business.

[2]

A canopy sign shall not exceed 16 square feet in area.

[3]

The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below, or from any sign of the vertical face of the canopy. A business logo shall be considered part of a canopy sign.

[4]

The canopy sign may be illuminated by internal and nonintermittent light sources.

[5]

Striping and other graphics elsewhere on the canopy shall be prohibited.

(2)

Window signs:

(a)

Buildings having a footprint of less than 10,000 square feet are permitted to display window signs covering up to 25% of the total nondoor window area for said building.

(b)

Buildings having a footprint of more than 10,000 square feet are permitted to display window signs covering up to 70% of the total nondoor window area for said building.

(c)

Window stenciling or lettering, placed on the inside of a window, is allowed as a part of a business's total window coverage. This shall be measured in the same way as other signs, by drawing an imaginary polygon around the outside edge of all letters or emblems as if they were a single sign and then measuring the size of that polygon.

(d)

Open/closed signs are not to be considered window signs for calculation of window coverage. Indoor internally illuminated window signs may be displayed and may cover up to 25% of the total window area per business regardless of the building's footprint size.

Violations:

(1)

Penalties. Violations of any provision or requirement of this section or a violation of any statement, plan, application, permit or certificate approved under the provisions of this section shall be considered an offense.

(a)

Conviction of a first offense is punishable by a fine of not more than $350 and/or imprisonment for not more than six months.

(b)

Conviction of a second offense, committed within a five-year period of the first, is punishable by a fine of not less than $350 nor more than $700 and/or imprisonment for not more than six months.

(c)

Conviction of a third or subsequent offense, committed within a five-year period of the first, punishable by a fine of not less than $700 nor more than $1,000 and/or imprisonment for not more than six months.

(2)

The owner, general agent or contractor of a building, premises, or part thereof where such a violation has been committed or does exist and any agent, contractor, architect, builder, corporation or other person who commits, takes part in or assists in such violation shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Village. Each week that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given in writing by the Code Enforcement Officer and shall be served by certified mail or personal service.

(3)

Court action. The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction alteration, repair, conversion, maintenance, or use or to restrain by injunction, correct or abate a violation or to furthermore prevent the illegal erection, installation or repair of any sign.

AA.

Appeals and variances. Appeals and variance applications. An interested person may appeal any determination or action taken by the Building Department under this section by filing an appeal or variance application with the Secretary of the Zoning Board of Appeals, or the Village Clerk if a secretary has not been elected. The appeal or variance application shall be made on a form prescribed by the Village and shall be accompanied by the application fee established by the Village. The appeal or variance application shall be filed and thereafter processed by the Zoning Board of Appeals in accordance with the provisions contained in Article VIII.