A.
Signs. The size, type and location of any sign or
advertising device shall be in accordance with the following regulations:
(1)
Signs in residence districts and land conservation
districts.
(a)
The following signs shall be permitted in residence
and land conservation districts:
[1]
Nameplate and identification signs indicating
the name and address of the occupant of a permitted home occupation
in any residence, provided that such signs shall not exceed four square
feet in area and shall not emit any flashing or intermittent illumination
nor shall they have any colored illumination such as a red neon border.
[2]
Agricultural signs for customary agricultural
operations selling farm products grown on the premises; however, such
signs may not exceed 15 square feet in area and shall not emit any
flashing or intermittent illumination nor shall they have any colored
illumination such as a red neon border.
[3]
Institutional signs for schools, churches or
similar public and semipublic institutions, provided that such signs
shall not be greater than 15 square feet in area and shall not emit
any flashing or intermittent illumination.
[4]
Business signs pertaining only to legal nonconforming
use of the premises on which they are located, provided that such
signs shall not exceed 20 square feet in area and shall not emit any
flashing or intermittent illumination nor shall any source of illumination
be directed toward any public street or adjacent residential property.
However, business signs in existence on the date of enactment of this
chapter which pertain to nonconforming uses may continue to be used.
[5]
Temporary business signs advertising the sale,
rental, construction or improvement of the premises on which they
are located, provided that such signs shall not exceed six square
feet in area, shall not be illuminated, and shall be promptly removed
by the property owner when the circumstances leading to their erection
no longer apply.
(b)
Advertising signs and mobile advertising or
attracting devices shall not be permitted in any district.
(2)
Signs in commercial districts.
(a)
The following signs shall be permitted in commercial
districts:
[1]
Signs permitted in residence districts.
[2]
Business signs relating to the use conducted
in the building or on the immediate premises thereof, which may be
20 square feet or less in area.
[3]
A business sign in existence on the date of
enactment of this chapter which does not conform to the specifications
of this section may continue to be used but may not be extended.
[4]
Temporary signs advertising the sale or rental
or construction or improvement of the premises on which they are located,
provided that such signs shall not exceed 10 square feet in area and
shall be promptly removed by the agent or owner when the circumstances
leading to their erection no longer apply.
(b)
Advertising signs shall not be permitted in
any commercial district.
(3)
General regulations.
(a)
Signs shall be constructed of durable materials
and shall be maintained in good condition. Signs which are permitted
to deteriorate shall be removed upon direction of the Village Board
following notification to the owner.
(b)
No sign shall project beyond property lines
over public sidewalk areas.
(c)
No sign shall be erected which, in the opinion
of the Village Board, may cause hazardous or unsafe conditions. Such
signs shall be removed upon direction of the Village Board following
notification to the owner.
(d)
No sign shall be located higher than the building
to which it is attached.
(e)
No sign, other than an official traffic sign,
shall be erected within the right-of-way of any public street.
B.
Public utility structures, such as buildings, substations
and transmission lines, may be erected by special permit only.
The following uses shall not be permitted in
any district:
A.
Apartment houses and multiple dwellings except two-family
dwellings.
C.
Business operations requiring large storage areas,
such as lumberyards.
D.
Junkyards and salvage operations, including automobile
salvage.
E.
Industrial or manufacturing, except as permitted in § 180-15B(6).
[Added 3-6-1991 by L.L. No. 1-1991]
A.
In any district, no sod, loam, sand, gravel or stone
shall be removed or offered for sale, except in connection with a
public work on the property or the removal of silt or other recently
accumulated material that blocks a normal flow of a watercourse, without
the special approval of the Board of Appeals. In applying for such
approval, the applicant shall submit to the Board a plan of the proposed
project, showing property lines and adjacent public ways, grades and
depths of proposed removal, soil types to be removed and proposed
regrading and replanting of the property upon completion of the operation.
In considering the proposed use, the Board shall take into account
the distance of the operation from neighboring property and public
ways, the possible detriment of such use to the future development
of the land in question and the possible nuisance or detriment of
the operation to neighboring landowners and to the community as a
whole. The Board may impose such conditions upon the applicant as
it deems necessary to protect the general welfare of the community,
which may include a time limit upon operations and the requirements
that a performance bond be posted to ensure compliance with requirements
of this chapter and with any farther reasonable conditions imposed
by the Board.
B.
Any normal building operation in connection with a
legal building permit, such as excavation, filling or grading, shall
be excepted from the provisions of this section.
[Amended 4-21-2021 by L.L. No. 3-2021]
Except as specifically otherwise set forth in this section below,
minimum lot size, minimum lot frontage width, maximum lot coverage,
minimum available building area, minimum structural setbacks and maximum
structural heights are set forth in 180 Attachment 1, Village of Round
Lake Table of Bulk Regulations, included herein at the end of this
chapter.
A.
Existing small lots. Notwithstanding the limitations
imposed by any other provisions of this chapter, the Board of Appeals
may issue a special permit for the erection of a building on any lot
separately owned or under contract of purchase at the effective date
of adoption of this chapter with an area or a width smaller than that
required for a permitted use. The minimum side yard requirements are
reduced in proportion to the reduction of lot width over the specified
minimum lot width for the district.
B.
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than prescribed in the
regulations for the district in which said lot is located. Whenever
such reduction in lot area occurs, any building located on said lot
shall not thereafter be used until such building is altered, reconstructed
or relocated so as to comply with the area yard requirement applicable
thereto.
C.
Front yard depth. Notwithstanding the limitations
imposed by any other provisions of this chapter, each dwelling hereafter
erected may have a front yard equal in depth to the average front
yard depth of the dwellings within 100 feet adjacent thereto on either
or both sides, but no front yard shall be less than 20 feet nor need
any front yard to have a greater depth than required by the district
in which it is located. If there exists no dwelling within 100 feet
adjacent on one side, the minimum permissible depth shall be the average
of the minimum depth for the district in which it is located and the
front yard depth on the other adjacent side.
D.
Reduction in rear yards. When a lot is less than the
minimum area prescribed for the district in which it is located at
the time of passage of this chapter or subsequent amendments thereto
which may affect the area requirement of the particular lot, the rear
yard may be decreased 1/4 of the distance that the lot depth is from
that depth required to meet the minimum area requirement; provided,
however, that no rear yard shall be less than 15 feet in depth, except
that an accessory building less than 700 square feet in area and 12
feet high in height may be as close as six feet from the rear property
line.
E.
Corner lot transition. On every corner lot there shall
be provided on the side street a side yard equal in depth to the required
front yard depth on said side street.
The following motor vehicle parking spaces shall
be provided and satisfactorily maintained by the owner of the property
for each building which, after the date when this chapter becomes
effective, is erected, enlarged or altered for use for any of the
following purposes. All parking spaces provided pursuant to this section
shall be on the same lot with the building, except that the Board
of Appeals may issue special permits for the parking spaces to be
on any lot within 500 feet of the building, if it determines that
it is impractical to provide parking on the same lot with the building.
A.
Auditorium, stadium, theater or other place of public
assemblage: at least one parking space for each five seats provided
for its patrons (based on maximum seating capacity).
B.
Boardinghouse, tourist home, motel or hotel: at least
one parking space for each two guest sleeping rooms.
C.
Restaurants or other eating places: at least one parking
space for each five seats, except when it is in a building which provides
parking space; in which case, the number of places already provided
may be taken to be available for the restaurant or other eating place.
D.
Retail stores and home occupations: at least one parking
space for each 100 square feet of store floor area.
E.
Office buildings: at least one parking space for each
300 square feet of office floor area.
F.
Funeral homes: at least 15 parking spaces plus space
for all cars of employees and resident personnel.
G.
Dwellings: at least one parking space for each dwelling
unit.
H.
Physicians', dentists' or surgeons' offices: at least
four parking spaces for each physician, dentist or surgeon who maintains
an office in the building.
I.
Churches or places of worship: at least one parking
space for each five seating spaces in the main assembly room.
J.
Schools: at least two parking spaces for each elementary
classroom and four parking spaces for each high school classroom.
K.
Public libraries or museums: at least one parking
space for each 200 square feet of public building area.
L.
Clubs or lodges: at least one parking space for each
100 square feet of building area.
M.
Golf, country or swim clubs: parking adequate on site
to handle all activities.
In the event that a Village sewer line is not
available at the site at the time of construction, a temporary permit
may be issued for use of septic tanks and drainage fields constructed
in accordance with the regulations of the Board of Health of New York
State. Permits may be issued for a period not exceeding five years,
which may be renewed if Village facilities are not available at that
time.
A.
Visibility at intersections. On a corner lot, no fence,
wall, hedge or other structure or planting more than 3 1/2 feet
in height above the grade of the street shall be erected, placed or
maintained within the triangular area formed by the intersecting street
lines and a straight line joining said street lines at points which
are 30 feet distant from the point of intersection, measured along
said street lines.
B.
Distracting lights. No artificial lights or reflecting
devices shall be located or displayed where such lights or devices
interfere with or compete for attention with traffic signals or divert
the attention of operators of motor vehicles or otherwise create traffic
hazards.
No ungaraged unlicensed or unregistered motor
vehicle (including, but not limited to, an automobile, motorcycle,
dirt bike, all-terrain vehicle, recreational vehicle, boat or boat-trailer)
or snowmobile may be parked, located or stored on a residential lot
in excess of 30 days. No ungaraged unlicensed or unregistered motor
vehicle (including, but not limited to, an automobile, motorcycle,
dirt bike, all-terrain vehicle, recreational vehicle, boat or boat-trailer)
or snowmobile may be parked, located or stored in the front yard of
any residential lot or on Village property for more than 24 hours.
Any vehicle or snowmobile parked, located or stored in violation of
this section may be towed and stored by or at the request of the Village
at the owner's expense without notice.
Sufficient on-lot turnaround space for automobiles
and light trucks shall be provided in all districts and for all uses
where vehicular access is on a state or county highway.
[Added 4-21-2021 by L.L. No. 2-2021; amended 9-20-2023 by L.L. No. 7-2023]
A.
Purpose and findings. The Board of Trustees of the Village of Round
Lake finds that bed-and-breakfasts and short-term rentals benefit
owners of real property located in the Village and visitors to the
Village and make for a more diverse residential and recreational landscape.
However, these uses may be inappropriate for some structures or neighborhoods,
and may cause parking and noise issues. Most importantly, the operation
of a bed-and-breakfast or a short-term rental by absentee owners is
a business use which may be inappropriate for residential neighborhoods
and may lead to less interest by such owners in the good will of their
neighbors and the condition of their properties. Business goals and
residential goals are different. Accordingly, it is in the interest
of the Village to require the issuance of a special use permit as
a condition to the operation of a bed-and-breakfast or a short-term
rental.
B.
Special use permit required. In order to operate a bed-and-breakfast
or short-term rental, the owner shall obtain a special use permit
from the Village Zoning Board of Appeals.
(1)
The application shall be made on a form provided by the Village
office, and the applicant shall abide by the procedures adopted by
the Village Zoning Board of Appeals as they may from time to time
be amended.
(2)
All neighbors with real property within 200 feet of the dwelling
unit (i.e., house or apartment in which the use is proposed) shall
be advised of the special use permit application by letter, postcard
or email. Failure of one or more persons to receive the notice thus
provided shall not render such notice invalid. All that is required
of the Village is a good-faith effort to notify such neighbors.
(3)
The cost of filing an application with the Village is $200.
The cost of filing an application to renew a permit is $100.
(4)
The applicant shall pay an additional $50 to defray the cost
of mailings and publication. The Village shall perform all mailings
and publication.
(5)
Residency requirements.
(a)
For a short-term rental, the owner shall live (i.e., be domiciled)
in the dwelling in which the rental unit is located for at least nine
thirty-consecutive-day periods (i.e., nine months) in each of two
years covered by the permit. There is no limit to the number of days
the short-term rental may be used while the owner is occupying the
dwelling at the same time.
(b)
For a bed-and-breakfast, the owner shall reside on the premises
at all times while the owner has tenants.
(c)
Owners of short-term rentals shall keep a written of record
of 1) their own residency in the dwelling in which the rental unit
is located, and 2) of their renters, including dates of residency
and the names and addresses of their renters, during the life of the
permit and retain these records for a period of three months following
expiration of the permit. These records shall be provided to the Code
Enforcement Officer or Village Zoning Board of Appeals immediately
upon request.
(6)
The dwelling unit shall be inspected by the Village Code Enforcement
Officer, who shall find that it meets all NYS Uniform Code and NYS
Health Department requirements.
(7)
The owner carries liability insurance covering the tenants against
injury in an amount not less than $500,000 in a form approved by the
Village Attorney.
(8)
No special use permit for a short-term rental shall be effective
unless there is a person living within a ten-minute drive who is responsible
for the rental unit and who has signed an authorization to that effect
in the form annexed to the application.
(9)
A limited liability company, a corporation or a partnership
may operate a bed-and-breakfast or short-term rental, provided the
persons living in the dwelling constitute all owners of such business
entity and meet the residency requirement.
(10)
There shall be no more than two tenants per bedroom, not including
children 12 years or younger.
(11)
There shall be one off-street parking space for each bedroom
rented.
(12)
The Zoning Board shall determine whether that neighborhood in
which the proposed bed-and-breakfast or a short-term rental is located
would be saturated by the proposed use (e.g., three rental rooms in
the surrounding 150 feet may constitute saturation).
C.
Duration. A special use permit for a bed-and-breakfasts or short-term
rental shall be effective for two years, except that it may be revoked
for cause by the Zoning Board of Appeals upon notice to the permit
holder and a hearing before the Zoning Board of Appeals.
D.
Capping short-term rentals. The Village Board of Trustees may, by
resolution, establish a cap for the number of short-term rentals for
specific zones (e.g., RV-1, RV-2, a planned development district),
provided a factual finding justifying the cap is set forth in the
body of the resolution.
E.
Violations. Violation of this section, including the operation of
a bed-and-breakfast or a short-term rental without the required permit,
shall result in a civil fine of $500 per day, or portion of a day,
and cancellation of any permit. A civil action may be brought by the
Village through its Code Enforcement Officer to enforce this section
and recover such fine in any court of competent jurisdiction, including
the Town Court of the Town of Malta.
