The development guidelines and general provisions
in this article are intended to apply to both permitted uses and uses
requiring site plan approval. The Planning Board, in reviewing a site
plan, shall take into consideration the prospective character of the
development and require that improvements be designed to such standards
as are consistent with reasonable protection of the public health,
safety or welfare. For permitted uses, the Code Enforcement Officer
shall ensure compliance with this article and any other applicable
ordinances, articles or sections.
[Added 9-17-2019 by L.L.
No. 12-2019]
Any residential use designated as or intended as senior citizen
housing must comply with all zoning district regulations of the zoning
district wherein such residential use is situated, together with any
other applicable local, state and/or federal laws, rules and regulations.
A.
Lot size and arrangement. The dimensions and arrangements
of lots shall be such that there will be no foreseeable difficulties,
for reasons of topography or other conditions, in providing access
to buildings on such lots or in securing building permits to build.
In general, side lot lines shall be at right angles or radial to street
lines, unless a variation from this can be shown to result in a better
plan.
B.
Access. Insofar as possible, lots shall not derive
access from a primary street. Access to lots adjacent to a primary
street shall, in general, be from marginal access streets or other
streets within the development. Where a watercourse separates the
buildable area of a lot from the street by which it has access, provision
shall be made for installation of a culvert or other structure, which
shall be subject to the same design criteria and review as all stormwater
drainage facilities in the development.
Street systems shall be designed with due regard
to the needs for convenient traffic access and circulation; traffic
control and safety; access for fire-fighting, snow removal and street
maintenance equipment; and stormwater drainage and sewage disposal.
Streets shall be designed to accommodate the prospective traffic and
so arranged as to separate through traffic from neighborhood traffic
insofar as it is practicable.
A.
Streets and roads. All streets and roads shall be
constructed in conformance with the specifications set forth in the
Design and Construction Standards for Land Development of the Village
of Penn Yan.
B.
Sidewalks. It is the policy of the Village of Penn
Yan to encourage the building of sidewalks. Location of sidewalks
generally shall be within the right-of-way of public streets and pedestrian
access easements. Sidewalks shall conform to the Design and Construction
Standards for Land Development of the Village of Penn Yan.
A.
General requirements.
(1)
Parking shall be permitted in front yards only following site plan review as provided for in Article VIII of this chapter.
(2)
It shall be the responsibility of the owner of a property
to provide the off-street parking spaces required in the listing below
for any use which is erected, enlarged or structurally altered after
the effective date of this chapter.
(3)
A parking space shall be a minimum of nine feet by
18 feet, exclusive of passageways and driveways appurtenant thereto
and giving access thereto, and having direct access to a street or
alley.
(4)
No exit or entrance drive connecting a parking area
and a street shall be permitted within 30 feet of the intersection
of two public rights-of-way.
(5)
Where appropriate, the Zoning Board of Appeals may,
upon the presentation of evidence, vary the number and circumstances
of the following parking space requirements in order that the general
welfare be served and the prospective uses be equitably treated.
(6)
In stadiums, 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 facilities shall
be counted as one seat.
(7)
The lighting of off-street parking lots shall not
be directed into adjacent properties.
(8)
If the uses, structures or parcels for which parking
is provided are under separate ownership, the right to joint use of
the parking space must be evidenced by a deed, lease, contract or
other appropriate written document to establish the joint use.
(9)
Off-street parking lots in residential areas shall
be restricted to passenger vehicles only, and the use of the area
by trucks, house trailers, buses and other motorized equipment not
of a residential passenger-carrying nature shall be prohibited.
B.
Required off-street parking spaces. The minimum cumulative
number of spaces shall be determined by the amount of dwelling units,
bedrooms, floor area, members, equipment, employees and/or seats contained
in such new buildings or structures or added by alteration of buildings
or structures, and such minimum number of spaces shall be maintained
by the owners of such buildings or structures, as follows:
(1)
Single-family dwelling unit: one space.
(2)
Two-family dwelling unit: two spaces.
(3)
Multifamily dwelling unit: one space per dwelling
unit.
(4)
Home occupation: one space for each person or employee
engaged in any home occupation.
(5)
Hospitals; nursing homes: one space for each employee
on major shift, plus .25 space per bed.
(6)
Tourist home; bed-and-breakfast; rooming house: one
space for each bedroom within the facility.
(7)
Motels/hotels: one space for each unit, plus one space
for every four employees, plus one space per 150 square feet of net
area of restaurants and assembly rooms.
(8)
Offices: a minimum of one space, plus one space for
each 300 square feet of gross floor area over 1,000 square feet.
(9)
Retail establishments, veterinary hospitals, banks
and related commercial establishments of a personal service nature:
a minimum of one space, plus one space for each 150 square feet of
gross floor area over 1,000 square feet.
(10)
Restaurants: one space for each 100 square feet
of customer floor area.
(11)
Conference/convention centers; commercial recreation;
private membership clubs: one space for every 150 square feet of public
assembly space.
(12)
Roadside stands: one space for every 50 square
feet area devoted to selling or display.
(13)
Nursery and elementary schools: one space per
employee, plus two additional spaces per classroom.
(14)
High schools and colleges: five spaces for each
classroom.
(15)
Churches; temples; auditoriums; theaters: one
space for every four seats.
(16)
Industrial uses:
(a)
One space for each 800 square feet of floor
area devoted to manufacture, including printing, publishing and laundry
or dry cleaning plants.
(b)
One space for each 1,500 square feet of floor
area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area
devoted to outside storage, including used car lots and equipment
rental or sales yards.
(d)
For any industrial use, one space for each company
vehicle.
(17)
Funeral homes: a minimum of 10 spaces for each
establishment, plus one space for each 150 square feet of gross floor
area over 1,000 square feet.
C.
Calculation of required spaces. In the case of combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven that staggered hours of use would permit modification.
Whenever a major fraction of a space is required, a full space shall
be provided.
D.
Dimensions for off-street automobile parking spaces
and lots.
(1)
Every such space provided shall be at least nine feet
wide and 18 feet long, and every space shall have direct and usable
driveway access to a street or alley with minimum maneuver area between
spaces as follows:
(a)
Parallel club parking: five feet end to end
with a twelve-foot aisle width for one-directional flow and a twenty-four-foot
aisle width for two-directional flow.
(b)
Thirty-degree parking: eleven-foot aisle width
for one-directional flow and twenty-four-foot aisle width for two-directional
flow.
(c)
Forty-five-degree parking: thirteen-foot aisle
width for one-directional flow and twenty-four-foot aisle width for
two-directional flow.
(d)
Sixty-degree parking: eighteen-foot aisle width
for one-directional flow and twenty-four-foot aisle width for two-directional
flow.
(e)
Perpendicular parking: twenty-four-foot aisle
width for one-directional and two-directional flow.
(2)
For the purpose of computing the area necessary for
required off-street parking, 350 square feet of unobstructed net area
shall be considered one parking space, unless the Code Enforcement
Officer certifies that the layout and design of the parking area are
adequate to permit safe and convenient access and maneuvering despite
a lesser square footage of net area.
(3)
In no event shall the size of a parking space be less
than that indicated in the following table:
|
Parking Angle
(degrees)
|
Stall Width
(feet)
|
Stall to Curb Distance
|
Aisle Width
(feet)
|
Curb Length per Car
| |
|---|---|---|---|---|---|
|
0
|
9
|
9'
|
12
|
23'
| |
|
30
|
9
|
17'4"
|
11
|
18'
| |
|
40
|
9
|
19'1"
|
12
|
14'
| |
|
45
|
9
|
19'10"
|
13
|
12'9"
| |
|
50
|
9
|
20'5"
|
12
|
11'9"
| |
|
60
|
9
|
21'
|
18
|
10'5"
| |
|
70
|
9
|
21'
|
19
|
9'7"
| |
|
80
|
9
|
20'4"
|
24*
|
9'2"
| |
|
90
|
9
|
19'
|
24*
|
9'
| |
|
*NOTE: Two-way traffic
| |||||
E.
Location of required parking spaces.
(1)
Parking is prohibited in front yards, except by approval
of the Planning Board.
(2)
Residential districts:
(a)
Required automobile parking spaces shall be
provided on the same lot as the residence. This space shall be graded
for parking use and readily accessible from the street.
(b)
Open parking areas may encroach on any required
side or rear yard to within three feet of a property line except that
in existing lots with six-foot side yards and in the Residential Transition
District, required parking spaces may, upon approval of the Planning
Board, extend to the side and/or rear lot lines.
F.
Off-street parking waiver. Off-street parking requirements
may be waived in whole or in part upon a finding by the Planning Board
that:
G.
Construction of parking areas. All off-street parking
areas, with the exception of those for single-family residences, shall
meet the following construction standards:
H.
Landscaping. At least 10% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line and any parking lot for more than 20 cars shall be screened adequately, as set forth in § 202-60, from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
In all districts, wherever a lot or structure
which is to be occupied by manufacturing, commercial, business or
other similar uses requires the receipt and distribution by vehicles
of materials or merchandise, there shall be provided and maintained,
on said lot, off-street loading berths as specified below.
Loading berths shall be located in such a way as not to unreasonably interfere with the movement of people and vehicles on public ways and within on-site parking. The Planning Board may allow use of a public alley to satisfy loading berth requirements. Landscaping shall be as required in § 202-43H.
A.
Accessory buildings. Accessory buildings not attached
to principal buildings shall comply with the following:
(1)
All structures 81 square feet or more in size shall
require a building permit.
(2)
They shall only be located on the same lot as the
principal use stated in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(3)
They shall only be located in a rear or side yard
in compliance with the following scheduling:
(c)
Where any district abuts an existing residential
use and/or a residential district, any accessory building shall be
located a minimum of 1/2 the distance specified in the Density Control
Schedule[2] for principal structures.
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(4)
They shall be located no closer to the principal building
than 12 feet or a distance equal to the height of each accessory building,
whichever is greater.
B.
Accessory uses. In a residential district, accessory
uses not enclosed in a building, including swimming pools and tennis
courts, shall be erected only on the same lot as the principal structures,
shall not be located in front yards on such lots and shall be located
not less than six feet from any lot line and shall not adversely affect
the character of any residential neighborhood by reason of noise or
glare or safety.
C.
Where 50% or more of the lots in a block are occupied
by buildings which have yard, coverage or setback dimensions which
are different than those required under this chapter, the average
yard dimensions, coverage and setbacks shall determine the requirements
for any new accessory building or use within the block. Or, where
no standard block exists, the word "block," as used above, shall be
interpreted to mean those structures within 250 feet of either side
of the lot in question, on the same side of the street. The average
setback shall be based on no fewer than two similar uses.
A.
Driveways shall be constructed in conformance with
the specifications set forth in the Design and Construction Standards
for Land Development of the Village of Penn Yan.
B.
All work and materials shall be furnished as required
to meet the conditions set by the Superintendent of Public Works and
County and State Highway Departments.
C.
No alteration or addition shall be made to any driveway
without first securing permission from the Superintendent of Public
Works.
D.
No more than two driveways to a single commercial
establishment entering on one street shall be permitted.
[Amended 7-16-1996 by L.L. No. 4-1996]
A.
Fences, hedges, plantings and walls are permitted
as follows:
(1)
Where a driveway meets a street, a hedge, wall or
planting shall not exceed 2.5 feet in height to within eight feet
of the right-of-way.
(2)
At the intersection of two streets where a front yard
of 30 feet or more is required by this chapter, no sign, fence, wall,
hedge, shrub planting or tree foliage which obstructs vision at elevations
between three and seven feet above the street level shall be placed
or maintained within a clear vision area as follows:
(a)
A triangular area formed by two intersecting
street lines and a line connecting points on such street lines 30
feet distance from their point of intersection.
(3)
Fences, walls, hedges or screen plantings may be required
as specified in other parts of this chapter for multifamily, commercial
or industrial uses as is necessary to protect the residential quality
of the adjacent property.
(4)
In any front yard, fences, walls and plantings shall not exceed four feet in height except as regulated by § 202-48A(1) or as may be required for screening.
(5)
In any rear yard or in any part of an interior side
yard, a fence, wall or planting shall not exceed six feet in height
except as required for screening, provided that such fence, wall or
planting is located at least six feet from the walls of the primary
building on the lot or adjacent lots so as to not unduly restrict
light and air to either building. Fences, walls and plantings not
meeting the distance separation are limited to a height of four feet.
(6)
In the Industrial District, any fence or wall located
on a residential lot line or district boundary shall be limited to
six feet in height at the property line or a maximum of 10 feet if
located a minimum of six feet from the property line. However, at
the intersection of two streets no sign fence, wall, hedge, shrub
planting or tree foliage which obstructs vision at elevations between
three and seven feet above the street level shall be placed or maintained
within a clear vision area as follows:
(a)
A triangular area formed by two intersecting
street lines and a line connecting points on such street lines 30
feet distance from their point of intersection.
B.
Construction materials and maintenance specifications
shall be as follows:
(1)
Fences shall be constructed of wood or PVC permanent
fencing material. Fences shall be constructed with the finished side
facing the neighboring premises.
[Amended 10-21-1997 by L.L. No. 4-1997]
(2)
Chain link fencing material may be used with the finished
side at the top of the fence.
(3)
Masonry or stone wall or fencing material may be used.
(4)
Materials such as barb wire, sheet metal, razor wire,
page wire, poultry fence, livestock or cattle fence are prohibited.
(5)
Posts shall be placed close enough apart and deep
enough in the ground so that a sturdy permanent fence results.
(6)
No temporary fences are allowed.
(7)
Fences and walls shall be maintained in a well-kept
fashion.
C.
A building permit is required for fences and walls
in all use districts.
D.
Location of lot lines is the responsibility of the
landowner or contractor.
E.
Utility meters shall not be enclosed or otherwise
obstructed within a radius of three feet by fences, walls or plantings.
The Village of Penn Yan is characterized by
areas of steep slopes. Development in areas of steep slopes shall
conform to the Design and Construction Standards for Land Development
of the Village of Penn Yan.
A.
Design. Every effort should be made to preserve unique
physical features such as historic landmarks, stream banks, forested
areas, natural lookouts, desirable views of Keuka Lake and other major
natural features, rock outcroppings and other unique natural features
of the Village environment. Storm drainage, erosion and sediment control
shall conform with the Design and Construction Standards for Land
Development of the Village of Penn Yan.
B.
Drainage easements. Drainage easements shall be provided
for all natural and man-made drainageways which do not fall within
a dedicated right-of-way. All drainage easements shall be plotted
on preliminary and final plats. The Village shall be provided with
a metes and bounds description of all proposed easements prior to
final plan approval. These descriptions shall be used by the Code
Enforcement Officer and the Attorney for the Village in creating or
extending special districts.
[Amended 9-6-1993 by L.L. No. 4-1993]
The Planning Board may, as a condition of site
plan approval, require that specific areas be designated for recreational
purposes. Such designation shall depend upon the magnitude and character
of the project and accessibility to existing public recreational areas.
All lands proposed for park or recreation purposes shall meet the
following minimum standards.
A.
Such lands shall either be deeded to the Village or
be held in corporate ownership and maintained by an established organization.
B.
Such lands shall have locational and physical characteristics
which render them readily usable for appropriate recreation purposes,
and their locations shall be selected with a view to minimizing hazards
and vehicular traffic conflict for children walking between such facilities
and their homes in the neighborhood.
C.
Any such area shall be located at a suitable place
on the edge of the development so that additional land may be added
at such time as the adjacent land is developed.
D.
A detailed development plan shall be provided for
each neighborhood park or playground. As a minimum, the development
plan shall provide for an approximately level area at least 2,000
square feet in size with appropriate play structures and activity
areas.
E.
The development plan shall show how the entire area
is to be graded, drained and landscaped to make it a useful and attractive
feature of the neighborhood.
Provision for water supply, sanitary sewer systems
and electrical, telephone and other utilities shall conform to the
specifications of the Design and Construction Standards for Land Development
of the Village of Penn Yan.
A.
Utility easements. An easement shall be provided for
all utility lines wherever those utility lines do not fall within
a dedicated right-of-way. All utility easements shall be plotted on
the site plan submitted to the Planning Board. Utility easements shall
have a minimum width of 10 feet. All utility lines which are primarily
intended to provide service to the lots within a subdivision shall
be installed underground at a depth and at such locations as will
minimize risk of interruption of services.
B.
Additional easements. The Planning Board shall have
the right to require additional easements when the purposes of the
easements are found to be in the public interest.
Design standards shall be as follows:
A.
General standards. The following general standards
are hereby adopted for the control of any industrial use:
(2)
Noise levels shall not exceed 90 dBa measured at the
boundaries of the lot occupied by such use causing the same.
(3)
Discharge of effluent into any sanitary sewer system shall not occur except only in accordance with Chapter 158, Sewers, of the Code of the Village of Penn Yan.
(4)
Open storage or stacking of any hazardous waste materials
shall be in accordance with the standards of the New York State Department
of Environmental Conservation.
B.
Specific standards. The following specific standards
are hereby adopted and must be complied with for any use in any Industrial
District and before the same is permitted, established, maintained
or conducted:
(1)
Storage facilities. Materials, supplies or semifinished products shall be screened wherever possible in conformance with § 202-60.
(2)
Wherever possible, provisions for handling of all
freight shall either be on those sides of any building which do not
face on any street or proposed streets or be suitably screened therefrom.
(3)
Buffers and landscaping:
(a)
Buffers from residential use. In addition to the fences, walls and hedges, all principal buildings shall be set back from any lot lines abutting residential use a minimum distance equal to twice the required yard depth. Such buffer shall be landscaped in accordance with § 202-60.
(b)
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain, as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises, and shall be provided in conformance with § 202-60.
To the maximum extent possible, all new development
proposals totaling two acres or more of site area may be designed
so that the maximum number of buildings shall receive direct sunlight
sufficient for using a solar energy system for space, water or industrial
process heating or cooling, in keeping with the following guidelines:
A.
Solar access shall be protected between the solar
azimuths of -45° (east of due south) to +45° (west of due
south).
B.
In considering dimensional modifications permitted in Article VIII, the Planning Board shall also consider solar design considerations.
C.
For purposes of solar design, streets, lots and building
setbacks should be arranged so that the buildings are oriented with
their long axes running from east to west for single-family development
and north to south for townhouse and multifamily development.
D.
Streets should be oriented on an east/west axis to
the greatest possible extent.
E.
Existing vegetation shall be retained and incorporated
into the design as practicable.
F.
A description of any mechanisms, such as deed restrictions,
covenants, etc., that are to be applied shall be provided.
The intent of this section is to regulate the
placement of and access to wind energy conversion systems for the
purpose of protecting the health and safety of individuals and adjacent
properties as well as the general public.
A.
Setback. The installation shall not be erected nearer
to any lot line than the total height of the structure. Such "height"
shall be defined as the tower height, plus 1/2 the rotor diameter
on a horizontal axis installation, and, on vertical axis installations,
the distance from the base of the tower to the top of the unit.
C.
Safety.
(1)
The foundations and supports for the windmill shall
either be designed by a licensed professional engineer, and the drawings
bear his seal and signature, or carry a manufacturer's seal and certification.
(2)
At least one sign shall be posted at the base of the
tower warning of high voltage.
(3)
Tower climbing apparatus shall be no lower than 12
feet from the ground.
(4)
All installation shall be designed with braking systems.
D.
Noise. The maximum level of noise permitted to be
generated by an installation shall be 90 dBa, measured at the property
line.
[Amended 7-16-1996 by L.L. No. 4-1996]
A home occupation, as defined in this chapter,
may be permitted, provided that such use is not specifically prohibited.
Such use shall conform to the following standards, which shall be
minimum requirements:
A.
No more than 25% of the total floor area of a dwelling
unit or 500 square feet, whichever is the lesser, may be used for
such use.
B.
The use shall be carried on wholly within the enclosed
walls of the dwelling unit or an accessory building.
C.
There shall be no external evidence of such use except
for one sign not exceeding two square feet in area mounted flush with
and on the front facade of the dwelling unit. No stock, merchandise,
equipment or displays of any kind shall be visible outside the dwelling
unit or accessory building.
D.
No external structural alterations which are not customary
to a residential building shall be allowed.
E.
The use shall not result in or cause vehicular traffic
that will create a nuisance to abutting properties or be detrimental
to the residential character of the neighborhood.
F.
Use that involves primarily catalog sales or order
processing and which does not involve volumes of stock or merchandise
being distributed at the site may be deemed a home occupation, subject
to the provisions hereof, provided that such use meets the intent
of all standards set forth herein.
G.
Any form of business, the primary function of which
is the wholesale or retail sale of goods or articles at the premises,
shall be deemed a commercial use.
H.
The following uses and other uses similar in character
shall not be considered to meet the intent of this section:
No satellite television antenna of any kind may be erected or established in the Village except in conformance with the standards in this section and § 202-19, Use Regulation Table.
A.
B.
Satellite antenna location.
[Amended 7-16-1996 by L.L. No. 4-1996]
(1)
For any use, subject to the provisions contained herein,
such antenna shall be located only in the rear yard of any lot, provided
that such antenna is located a minimum of five feet from any principal
building and lot line measured at the outermost diameter of the antenna.
If a usable satellite signal cannot be obtained from such rear yard,
the antenna may be located on the side or front yard of the property.
For purposes of this chapter, a "usable satellite signal" is a satellite
signal which, when viewed on a conventional television set, is at
least equal in picture quality to that received from local commercial
television stations or via cable television.
(2)
In the event that a usable satellite signal cannot
be obtained by locating the antenna on the rear, side or front yard
of the property, such antenna may be placed on the roof of the dwelling
structure. Such permit may be issued upon a showing by the applicant
that a usable satellite signal is not obtainable from any other location
on the property.
C.
General provisions.
(1)
For all uses, satellite television antennas shall
be located and designed to reduce visual impacts from surrounding
properties at street level and from public streets.
(2)
Not more than one satellite television antenna shall
be allowed on any residential lot less than 10,000 square feet in
size.
(3)
All antennas and the construction and installation
thereof shall conform to applicable building and electrical code regulations
and requirements.
(4)
Antennas shall meet all manufacturers' specifications,
be of noncombustible and corrosive-resistant material and be erected
in a secure wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection
against a direct strike by lightning.
All townhouse and multifamily development, as permitted in § 202-19 of this chapter and under Article V, Clustered Projects, of Ch. 176, Subdivision of Land, shall, in addition to the requirements set forth in said section and Article, conform to the following standards. These standards shall be regarded as minimum requirements:
A.
Townhouse and multifamily developments shall meet
the following standards:
(2)
Maximum building height shall be as specified in Section § 202-22, Density Control Schedule (area and bulk schedule).
(3)
Maximum site coverage by all buildings and structures
shall not be more than 50% of the lot area, such percentage to be
calculated on the basis of the total project area.
(4)
Accessory buildings, including unattached garages,
shall be located a minimum distance of 10 feet from any lot line and
shall only be permitted in the rear or side yard.
Where permitted, a gasoline station, service
and repair garage and automobile sales area shall conform to the following
standards which shall be regarded as minimum requirements:
A.
B.
At least one lot frontage and width shall be a minimum
of 100 feet.
C.
Fuel pumps and other service devices shall be located
at least 35 feet from any front lot line and 50 feet from any side
and rear lot lines. This distance shall be measured from the outside
edge of the fuel island.
D.
All automobile parts, including tires and dismantled vehicles, are to be stored within a building. Tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind a six-foot-high fence, wall or natural screen in conformance with § 202-60.
E.
Accessory goods for sale may be displayed on the pump
island and the building island only, if provided for in a suitable
stand or rack.
F.
All repair work is to be performed within a building.
Automobiles waiting to be serviced or stored on the premises shall
not encroach on any required yard area. Wrecked automobiles being
held for insurance adjuster inspection may be stored for a period
not to exceed 30 days and must be stored in the rear of the premises
and screened to the greatest extent possible.
G.
Parking.
(1)
No vehicle shall be parked, stored or left standing
within 15 feet of the street line and/or fuel pump islands.
(2)
Parking requirements shall be in conformance with § 202-43. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning Board to accommodate tractor-trailer delivery.
(3)
Where parking areas abut a residential use, they shall
be screened by a buffer area no less than 10 feet in depth, composed
of densely planted plant material, solid fencing, or a combination
of both which, in the opinion of the Planning Board, will be adequate
to prevent the transmission of headlight glare across the zone boundary
line. Such buffer screen shall have a minimum height of six feet above
finished grade at the highest point of the parking area. The materials
used shall be in keeping with the character of the adjacent residential
area. If said shrubbery or fences becomes decayed and fails to provide
an adequate screen, the Code Enforcement Officer may direct the property
owner to replace said shrubs or fences.
H.
All storage and display areas shall be provided with
a hard dust-free surface, shall be adequately drained and, if lighted,
shall produce no glare on adjacent properties.
I.
A maximum of two driveways and curb cuts shall be
permitted per street frontage. These shall be no less than 20 feet
and no wider than 30 feet and located a minimum of 30 feet from any
street intersection, and a minimum distance of 30 feet shall be maintained
between such driveways and curb cuts.
J.
Parking is prohibited in front yards except as approved
by the Planning Board as part of site plan review.
A.
Intent. The objective of this section is to ensure
consideration of the physical and visual elements of land use development
in the Village of Penn Yan which require or may be improved by buffering,
setbacks and landscaping in order to enhance the appearance, to screen
or effectively separate different land uses and to minimize impacts
on adjoining uses such as dirt, litter, noise, glare and incompatible
buildings or uses (such as outdoor storage, loading and parking areas).
The Planning Board may require that a professional licensed landscape
architect prepare plans under this section.
B.
Buffer and landscaping techniques. The particular
type of buffer and landscaping treatment shall be as determined by
the Planning Board to meet the intent of this section. The following
types of treatment may be considered:
(1)
Landscaping and other screening, including tree planting,
use of berms and planting of shrubs, designed to separate, obscure
or soften an incompatible view or use.
(2)
Visual setting, including ground cover and plant materials
designed to stabilize the landform and provide an appropriate foreground
or setting.
(3)
Physical separation, including setbacks from public
streets or adjacent uses, in combination with plant materials or features
designed to separate land use types or activities.
C.
Requirements.
(1)
Planting specifications. The following planting specifications
indicate guidelines for each buffer and landscape technique. The requirements
are stated in terms of the width of the proposed planted yard and
the number of plant units required per 100 linear feet of yard. The
requirements may be satisfied by any of the options described. The
type and quantity of plant materials required by each yard and each
yard option are specified in this section.
(2)
Minimum plant size. Unless otherwise specifically
stated elsewhere in this chapter, all plant materials shall meet the
following minimum size standards:
|
Plant Material Type
|
Planting in Abutting Vacant Lands
|
All Other Plantings
| ||
|---|---|---|---|---|
|
Canopy tree
| ||||
|
Single stem
|
1 1/2-inch caliper
|
2 1/2-inch caliper
| ||
|
Multistem Clump
|
6 feet (height)
|
10 feet (height)
| ||
|
Understory tree
|
4 feet (height)
|
1 1/2-inch caliper
| ||
|
Evergreen tree
|
3 feet (height)
|
5 feet (height)
| ||
|
Shrub
| ||||
|
Deciduous
|
15 inches (height)
|
24 inches (height)
| ||
|
Evergreen
|
12 inches (height)
|
18 inches (height)
| ||
(3)
Plant material substitutions. The following plant
material substitutions shall satisfy the requirements of this section:
(4)
All disturbed soil area of the site shall be replaced
or reseeded in an appropriate fashion.
(5)
No landscape feature shall be erected, placed or maintained
in such a manner as to interfere with clear vision and/or the safe
movement of vehicular traffic.
Where permitted, fast-food restaurants meeting
the definition of this chapter shall conform to the following standards,
which shall be regarded as minimum requirements:
A.
Minimum lot size shall be 10,000 square feet.
B.
At least one lot frontage shall be a minimum of 100
feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be
permitted on each street frontage.
(2)
All drives shall be no less than 20 and no wider than
30 feet in width.
(3)
Drives shall be located a minimum of 30 feet from
any street intersection and shall maintain a minimum of 30 feet between
such driveways or curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian
access to the building from the parking lots and sidewalk abutting
the property.
Where permitted either as accessory to other
permitted uses or as a principal use, these facilities, as defined
in this chapter, shall conform to the following standards, which shall
be regarded as minimum requirements.
A.
All drive-through lanes shall be distinctly marked
and shall be separate from circulation lanes.
B.
To the extent possible, lanes shall not cross any
principal pedestrian access to the building or site.
C.
Stacking or queuing requirements.
(2)
Banks and other businesses not using order station:
a minimum of 100 feet from start of lane to service window.
(3)
Multiple drive-through lanes. The Planning Board may
allow reductions for businesses with multiple drive-through lanes
based on review of proposed traffic circulation and usage.
(4)
All uses shall maintain a minimum distance of 20 feet
from the service window to the public right-of-way or interior parking
aisles.
All commercial parking lots and structures, as permitted in § 202-19, Use Regulation Table, shall conform to the following standards, which shall be regarded as minimum requirements:
A.
Any parking garage facade fronting on a primary street
shall achieve architectural unity/compatibility with the surrounding
structures that it is intended to serve.
B.
A minimum of 8% of the lot area shall be devoted to landscaping, which shall be provided in conformance with § 202-60.
C.
Adjacent sidewalks shall be rebuilt as necessary and
shall be designed to promote pedestrian safety.
D.
Ingress and egress shall be designed to promote the
orderly flow of traffic to and from Village streets. Directional signs
shall be used as necessary to ensure this flow.
[Amended 9-6-1996 by L.L. No. 4-1993; 7-16-1996 by L.L. No. 4-1996; 12-13-2005 by L.L. No. 7-2005; 8-18-2009 by L.L. No. 6-2009]
A.
Statement of purpose and intent.
(1)
The Board of Trustees finds that the historical character and attractive
buildings in the Village of Penn Yan have a substantial positive impact
on the property values, business climate, land use and general welfare
of the Village's residents and property owners and visitors. Signs
have a substantial effect on the historical character, building use,
appearance and property value, which may be positive or detrimental.
It is, therefore, the intent of this chapter to promote and protect
property values, create a more attractive business climate, enhance
and protect the physical appearance of the community, provide a more
enjoyable and pleasing community and encourage the most appropriate
use of the real property in the Village.
(2)
The purpose of these regulations is to promote signs which are:
(a)
Compatible with surroundings, meaning that every sign shall
be considered as an integral architectural element of the building
and site to which it principally relates.
(b)
Orderly, readable and safe.
(c)
Harmonious in terms of color, materials and lighting with the
building to which it relates.
(d)
Informative to the public but unobtrusive to vehicular and pedestrian
traffic.
B.
Permit required. Except as otherwise provided in this chapter, no
sign shall be erected or altered until a permit has been issued by
the Code Enforcement Officer.
C.
General regulations. The regulations contained in this section shall
apply to signs in every use district, overlay district and the Historic
Preservation District of the Village of Penn Yan.
(1)
No sign shall be located where it will impede or interfere in any way with a traffic control device, traffic visibility or pedestrian visibility. Specifically signs are prohibited between the elevations of three feet and seven feet above the street level within the triangular area formed by two intersecting street center lines and a line connecting points on such street center lines 60 feet distant from their point of intersection. No sign shall be erected within the right of way lines of any street, except temporary banners for festivals or special events permitted with the approval of the Village Board of Trustees pursuant to Chapter 48, Banners, of the Code of the Village of Penn Yan, which must be installed so as to not create any safety hazard to pedestrian or vehicular traffic.
(2)
No sign shall be erected or maintained upon the roof of any building.
No sign attached to a building wall shall extend above the actual
height of said wall.
(3)
No sign shall be illuminated by or use flashing, intermittent, changing,
rotating or moving lighting as a part thereof. No illuminated sign
or lighting device shall be so directed as to cause a glare or deflection
hazard upon a street, highway, sidewalk or adjacent premises.
(4)
No mobile, portable or temporary sign shall be placed on the face of any building or upon any premises except for a sign intended to be used for a period of not more than 30 days and which is not permanently mounted. All temporary signs shall conform to Subsection K of this section.
(5)
No promotional or advertising device or merchandise shall contain
or consist of banners, balloons, posters, pennants, ribbons, streamers,
spinners or other moving devices. None of these devices shall be used
to attract attention to a sign, merchandise or other means of advertising.
(6)
No sound amplifiers, public address systems or other sound devices
shall be used as a means of advertising or to attract attention to
a sign or business.
(7)
No vehicle or trailer shall be parked or placed on any property for
the purpose of advertising unless it conforms with the provisions
of this Code.
D.
Signs not requiring permits. Signs not requiring permits are as follows:
(1)
Signs as may be required or erected by the Village, town, county,
state and or federal governments.
(2)
Residential signs consisting of one nameplate or identification sign
not larger than 60 square inches in area and indicating only the name
and address of the occupant. Such sign may be attached to a building
or may be on a separate support not more than four feet in height
and shall be at least five feet from any property line or street line.
(3)
Name and/or address signs affixed to mailboxes not more than 32 square
inches in area on each side.
(5)
Political campaign signs.
E.
Signs regulations applicable in all use districts. In all use districts,
signs requiring a permit shall be subject to the following:
(1)
Signs customarily used to identify places of worship, cemeteries,
public schools, libraries, museums, societies, social clubs and similar
nonprofit type uses shall not exceed 10% of the total face of one
side of the building, and in no event shall said sign total more than
36 square feet in area or exceed 10 feet on the longest dimension
of the sign.
(2)
Signs identifying multiple-family dwelling projects of more than
five units or subdivision developments shall not exceed 20 square
feet in area. Such signs shall either be attached to the first floor
facade of the involved structure or be erected as a ground sign and
not exceed six feet above grade level and not be located nearer than
10 feet to a public street or highway right of way or any property
line.
(3)
Signs used to identify commercial activities must be located upon
the premises to which the sign refers.
F.
Signs in the Village Center (VC) and Residential Transition (RT)
Districts. Business and advertising signs are permitted and shall
only advertise the name of the owner/occupant, street address, trademarks
or trade names integral to the primary business, products sold and/or
the businesses or activity conducted on the premises where such sign
is located and may be erected as provided herein.
(1)
Commercial structures may utilize either of the following applicable
options for signage:
(a)
Any structure having a single tenant or activity: one sign not
exceeding 10% of one side of the building, but in no event more 36
square feet in area and not exceeding 10 feet in its longest dimension.
(b)
Any structure having one main entrance serving more than one
tenant or use: one sign for each tenant or use, all such signs to
be located in a group, the area of which shall not exceed 10% of one
side of the building, but in no event more than 36 square feet in
area and not exceeding 10 feet in its longest dimension.
(c)
Any structure with more than one main entrance, with each separate
entrance serving different tenant(s) or use(s): one sign for each
tenant or use served by the entrance, placed at the entrance, the
total area of all signs at such entrance not exceeding 10% of the
side of the building upon which the entrance is located, but in no
event more than 36 square feet in area, and not exceeding 10 feet
in its longest dimension.
(2)
In lieu of the signs permitted in Subsection F(1), one of the following described signs may be erected:
(b)
For a structure having a walkway roofed over with a permanent
rigid canopy constructed of durable material or permanent roof serving
more than one tenant, one sign:
[1]
Not exceeding 10 square feet in area;
[2]
Providing a minimum clearance of 7 1/2 feet between the
walkway and the bottom of the sign, suspended from the underside of
the canopy, perpendicular to the front of the business, at each entrance
serving a different tenant or use;
[3]
Not more than four feet in length or 2 1/2 feet in height;
and also
[4]
One sign on the front edge of the canopy, roof fascia or on
a facade directly above the canopy or roof facing the parking area,
no more than 12 square feet in area and 10 feet in length; or
(c)
A projecting sign erected perpendicular to the face of a building,
provided that:
[1]
No such sign, or any part of the supporting structure thereof,
shall project more than six feet from the face of the building;
[2]
No such sign shall exceed three feet in height;
[3]
No such sign shall provide less than eight feet in clearance
between grade level and the lowest structure point of the sign and
any part of the support thereof protruding more than three inches
from the face of the building.
[4]
No such sign shall exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection F(1) and (2), the following signs are permitted:
G.
Signs in the General Commercial (GC), Planned Business (PB) and Industrial
(I) Districts. Business and advertising signs are permitted, but shall
contain only the name of the owner, street address, trademarks, logo
or trade names integral to the primary business, products sold and/or
the businesses or activity conducted on the premises upon which such
sign is located.
(1)
Building signs. One of the following signs may be erected:
(b)
For a structure having one main entrance serving more than one
tenant or use: one sign for each tenant or use, all such signs to
be located in a group, the area of which shall not exceed 10% of the
total above the grade of one side of the building, not more than 36
square feet in area and not more than 10 feet in its greatest dimension.
(c)
For a structure with more than one main entrance when each serves
at least one tenant or use: one sign for each tenant or use, the total
area of signs not exceeding 10% of one side of the building, not more
than 36 square feet in area and not more than 10 feet in its largest
dimension.
(2)
In lieu of the sign permitted in Subsection G(1) hereof, one of the following described signs may be erected:
(a)
One ground or freestanding sign per premises, not exceeding
50 square feet in area nor extending more than six feet above grade
level or located nearer than five feet to a public street or right-of-way
and no closer than 10 feet to a common side or rear lot line; or
(b)
One freestanding pole sign, not exceeding 100 square feet in
area not extending more than 25 feet above grade level, a minimum
ground clearance of seven feet; no closer than three feet to the right
of way or front property line and no closer to any side or rear lot
line than five feet; or
(c)
For a structure having a walkway covered by a permanent rigid
canopy constructed of durable material or permanent roof serving more
than one tenant, one sign not exceeding 10 square feet in area and
providing a minimum clearance of 7 1/2 feet between the walkway
and the bottom of the sign, suspended from the underside of the canopy
at each entrance serving a different tenant or use no more than four
feet in length or 2 1/2 feet in height, and one sign on the front
edge of the canopy or roof fascia or on a facade directly above the
canopy or roof facing the parking area, no more than 12 square feet
in area and 10 feet in length; or
(d)
A projecting sign perpendicularly affixed to the face of a building.
[1]
No portion of the supporting structure of such sign shall project
more than six feet from the face of the building.
[2]
No portion of the sign shall exceed three feet in height.
[3]
Such sign shall provide at least eight feet in clearance between
grade level and the lowest portion of the sign and/or its supporting
structure.
[4]
Such sign shall not exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection G(1) and (2), the following signs are allowed:
H.
Signs in the Waterfront Development and Conservation Districts (WDC).
Business and advertising signs are permitted but shall contain only
the name of the owner, street address, trademarks or trade names integral
to the primary business, products sold and/or the businesses or activity
conducted on the premises upon which the sign is located.
(1)
Building signs. One of the following signs may be erected:
(a)
For a structure having a single tenant or activity, regardless
of the number of entrances: one sign; not exceeding 10% of one side
of the building; not more than 36 square feet in area; not more than
10 feet in its largest dimension.
(b)
For a structure having one main entrance serving more than one
tenant or use: one sign for each tenant or use; all such signs to
be located in a group; the area of which shall not exceed 10% of one
side of the building, not more than 36 square feet in area; and no
more than 10 feet in its greatest dimension.
(c)
A structure with more than one main entrance when each serves
at least one tenant or use: one sign for each tenant or use, the total
area of signs shall not exceeding 10% of one side of the building;
not more than 36 square feet in area; and not more than 10 feet in
its greatest dimension.
(2)
In lieu of the signs permitted in Subsection H(1) hereof, one of the following described signs may be erected:
(a)
One ground or freestanding sign per premises, not exceeding
50 square feet in area; not extending more than six feet above grade
level; not located nearer than 10 feet to a public street, right of
way or any side or rear lot line; or
(b)
For a structure having a walkway covered by a permanent rigid
canopy constructed of durable material or permanent roof: one sign
not exceeding 10 square feet in area; a minimum clearance of seven
feet between the walkway and the bottom of the sign, suspended from
the underside of the canopy at each entrance serving a different tenant
or use; not more than four feet in length and 1/2 feet in height;
or
(c)
A projecting sign perpendicularly affixed to the face of a building.
[1]
No portion of the supporting structure, of such sign shall project
more than six feet from the face of the building.
[2]
No portion of the sign shall exceed three feet in height.
[3]
Such sign shall provide at least eight feet in clearance between
grade level and the lowest portion of the sign and/or its supporting
structure.
[4]
No such sign shall not exceed 18 square feet in area.
(3)
In addition to signs permitted pursuant to Subsection H(1) and (2), the following signs are permitted:
I.
Multiple use parcels in the General Commercial (GC), Planned Business
(PB), Industrial (I) and Waterfront Development and Conservation (WDC)
Districts. Signage situate on any single lot on which more than one
principal building, use or activity is proposed or exists such as,
but not limited to, shopping centers, plazas, office parks or complexes,
industrial parks or other multiple-commercial-use facilities shall
comply with the following standards.
(1)
One project identification sign which identifies the name of the
shopping center, plaza, office complex, industrial park or facility
as a whole and does not identify any individual business or activity
may be erected as either:
(2)
One tenant identification sign for each individual business or use
that has a separate exterior entrance:
(a)
Not exceeding 10% of the side of the building upon which the
sign is mounted;
(b)
Not more than 20 square feet in area;
(c)
Not more than 10 feet in its greatest dimension;
(d)
Each such tenant sign shall be uniform in design and style,
to the extent possible; and
(e)
Each such tenant sign located in a similar position with respect
to architectural features; and
(f)
Any tenant having a second public entrance on more than one
public way may have a second sign located next to that entrance, not
to exceed six square feet in area.
(3)
Ground signs for individual occupants are prohibited.
(4)
Buildings or structures having multiple uses sharing one exterior
entrance may have one building directory sign, no larger than 36 square
feet in area, mounted on the building.
(6)
In addition, one entrance directory sign may be erected next to each
public building entrance serving more than one tenant, other than
the main entrance. The size of the entrance directory sign shall not
exceed one square foot in area per tenant.
J.
Temporary signs. Any sign of a temporary nature, not permanently erected or mounted, such as political campaign signs or posters, banners (not including banners permitted according to Chapter 48 of the Code of the Village of Penn Yan), promotional devices, commercial vehicles or trailers and other signs of a similar nature advertising or calling attention to coming events, civic activities, promotional sales, commercial businesses or services or similar events may be displayed without obtaining a permit. Such signs must be erected as a ground sign or affixed to the first story of a building and shall comply with all general regulations as stated in Subsection C hereof as well as comply with and the following:
(1)
No such sign shall be attached to a fence, tree, traffic control
sign, light pole, utility pole, or support posts or poles, nor shall
they be placed in a location that will obstruct or impair vision,
traffic flow or in any manner create a hazard or nuisance to the health,
welfare and/or safety of the general public.
(2)
All such signs must be approved by the owner of the property upon
which the sign is placed.
(3)
Promotional signs. Signs promoting an event, promotional sale, civic
activity or similar event shall not exceed three feet in height or
be any wider than 18 inches and comply with the following:
(a)
Sidewalk signs, otherwise known as "sandwich boards" or "A-frame" signs, shall be located within 12 inches of the building and shall in no way impede any exit of the building or pedestrian traffic. Sidewalk signs shall be removed each night when the business is closed. No more than one sidewalk sign may be placed outside a business at any one time. Sidewalk displays by merchants are allowed by permit pursuant to §§ 174-17, 174-18 and 174-19 of the Code of the Village of Penn Yan.
(b)
Temporary signs not meeting the size requirements and advertising
a single civic, school or nonprofit organization event are allowed
if the sign is erected no more than 15 days before the event and removed
from the premises within 24 hours after the conclusion of the event.
(c)
Such sign must contain the date(s) of the event promoted. All
temporary signs may be erected no more than 15 days before the event
and must be removed within 24 hours after the advertised event has
concluded.
(d)
Where such signs are to be fixed to the interior of a window,
said signs shall not exceed one sign per single window area and shall
not exceed 50% of the surface area of the single window area.
(e)
No temporary sign shall be in place for a period in excess of
30 days.
(4)
Real estate signs. Signs advertising the sale, lease or rental of
the property on which they are placed shall comply with the following:
(a)
One temporary sign for the sale, lease or rental of the premises
upon which the sign is located may be placed as follows:
[1]
In residential districts (R-1, R-2, PR and RT) and in the Village
Center (VC), such signs shall not exceed six square feet in area,
four feet in height, and may be placed in a first floor window, attached
to the wall of the first floor of the building or a ground sign not
less than five feet from any right of way line or property line.
[2]
In the General Commercial (GC) and Waterfront Development and
Conservation (WDC) Districts, such signs shall not exceed 16 square
feet in area with a maximum six feet in height. Such signs may be
attached to the first floor of the building or placed as a ground
sign not less than 15 feet from any right of way line or property
line.
[3]
In the Planned Business (PB) and Industrial (I) Districts such
signs shall not exceed 20 square feet in area, eight feet in height
and may be attached to the first floor of the building or a ground
sign not less than 20 feet from any right of way line or property
line.
(b)
In addition to the sign allowed in Subsection J(4)(a) hereof, signs stating "Open House" or "Open For Inspection" may be placed as follows:
[1]
One sign, not to exceed six square feet in area with a maximum
of four feet in height, may be attached to the first floor of the
building or placed as a ground sign not less than five feet from any
right of way line or property line, on the property five days prior
to the event. Such sign shall be removed at the end of the day of
the event.
[2]
One ground sign may be placed at the nearest primary street
intersection to the premises being offered for sale. The size of the
sign shall not exceed three square feet in area and two feet in any
dimension; the sign may be in place only during the hours of the open
house. All such signs must be removed daily at the end of the event.
(c)
Signs advertising the sale, lease or rental of the property
shall be removed from the property no more than 15 days after the
transfer of title, in the case of a sale, or the property is leased
or rented. Removal of such signs shall be the responsibility of the
company, agent or owner who placed such signs.
(5)
Auction signs.
(a)
One temporary sign for the auction of property or goods may
be placed on the premises at which the auction is to be held. Such
sign shall comply with the following:
[1]
In residential districts (R-1, R-2, PR and RT) and in the Village
Center (VC), such signs shall not exceed six square feet in area,
with a maximum of four feet in height, and may be placed in a first
floor window, attached to the wall of the first floor of the building
or placed as a ground sign not less than five feet from any right
of way line or property line.
[2]
In the General Commercial (GC) and Waterfront Development and
Conservation (WDC) Districts, such signs shall not exceed 16 square
feet in area, with a maximum of six feet in height and may be attached
to the first floor of the building or placed as a ground sign not
less than 15 feet from any right of way line or property line.
[3]
In the Planned Business (PB) and Industrial (I) Districts such
signs shall not exceed 20 square feet in area with a maximum of eight
feet in height and such signs may be attached to the first floor of
the building or placed as a ground sign not less than 15 feet from
any right of way line or property line.
(b)
In addition to the sign allowed in Subsection J(5)(a), hereof, one ground sign may be placed at the nearest primary street intersection to the premises at which the auction is intended to occur, the size of which shall not to exceed three square feet in area with a maximum of two feet in any dimension, during the hours of the auction only. All such signs must be removed daily at the end of the event.
(c)
Signs advertising auctions shall be removed from the property
no more than 15 days after the conclusion of the auction. Removal
of such signs shall be the responsibility of the auction company,
agent or owner who placed such signs.
(6)
Yard sale signs. Signs advertising a single noncommercial sale of
used merchandise conducted by a resident of the Village of Penn Yan
at the residence of the person holding the event shall comply with
the following:
(a)
A sign advertising the dates and times of the sale may be placed
on the residential property upon which the sale is to occur. Such
signs may be placed no more than 15 days prior to the commencement
of such sale and shall be removed no more than 24 hours after the
end of the sale. Such signs shall be no larger than six square feet
in size, be not greater than 42 inches above ground level and placed
not less than three feet from any right of way line and not less than
five feet from any property line.
(b)
An off-premises A-frame sign or ground sign may be placed at
each of the two intersections nearest to the property. Such signs
shall be no larger than 18 inches in width, no greater than three
feet in height and may only be in place on the actual sale dates.
(7)
Construction signs. Such signs may be placed on properties which
have a valid building permit for work being conducted on the property
upon which the sign is placed. All such signs shall be removed upon
expiration of permits or completion of work, whichever shall occur
first. All such signs comply with the following:
(a)
Residential premises in Zoning Districts R-1, R-2, PR and residential
construction in Zoning Districts RT and VC:
[1]
One sign per contractor, each not to exceed four square feet
in area with a maximum of three feet in height may be not less than
five feet from any property line or public right of way line.
[2]
Signs required by state or federal sponsoring agencies not to
exceed 16 square feet for the total of all such signs, six feet in
height above the ground and placed five feet from the property line
and public right of way line.
(b)
Commercial and industrial construction. In Zoning Districts
GC, PB, I, WDC and commercial premises in Zoning Districts RT and
VC:
[1]
A sign may be placed on a temporary trailer or structure which
is located on the premises for purposes incidental to construction
work. The sign may identify the contractor or construction firm utilizing
such temporary trailer or structure. Any such sign shall not exceed
20 square feet and the sign shall not protrude beyond the walls or
above the roof of such temporary trailer or structure.
[2]
One ground or wall "site development sign," for the purpose
of identifying the developer of the premises upon which the sign is
placed.
[a]
In the VC and RT Zoning Districts, such sign shall
not exceed 20 square feet in area with a maximum of eight feet in
height, placed on the exterior of the building or, if a ground sign,
not less than five feet from any right of way line or property line.
[b]
In the GC and WDC Zoning Districts, such a sign
shall not exceed 32 square feet in area with a maximum of 10 feet
in height placed on the face of the building or, if a ground sign,
not less than five feet from any right of way line or property line.
[c]
In the I and PB Zoning Districts such a sign shall
not exceed 64 square feet in area with a maximum of 12 feet in height
placed on the face of the building or, if a ground sign, not less
than 15 feet from any right of way line or property line.
[3]
Signs required by state or federal sponsoring agencies shall
be placed not less than 10 feet from any right of way or property
line.
(8)
Political campaign signs are exempt from these regulations except
with respect to those regulations which enhance public safety.
K.
Application for permits.
(1)
An application for a sign permit as required by this chapter shall
be made in writing to the Code Enforcement Office and shall contain
the following information:
(a)
The name, address and telephone number of the applicant.
(b)
If the applicant is not the owner, written consent of the owner
of the building, structure or property to which or on which the sign
is to be erected, including the owner's name, address and telephone
number.
(c)
The location of the building, structure or land to which or
upon which the sign is to be erected.
(d)
Detailed drawings of the proposed sign, including but not limited
to the following information:
[1]
Lettering and/or pictorial matter composing the sign.
[2]
Color of the sign.
[3]
Elevation of the side of the building to which the sign is to
be attached, if the sign is to be attached, with the dimensions thereof,
in the event that the sign is to be attached to a building.
[4]
Description of the material of which the sign is intended to
be constructed.
[5]
Construction and mounting details, including footer size and
design, stamped by a registered design professional in the event New
York State Building Code compliance is required.
[6]
Type, location and intensity of any lighting devices.
[7]
A location plan showing the position of the sign on any building,
structure or land and its position relative to all adjacent structures,
property lines and any private or public street or highway.
(e)
Such other information as required by the Code Enforcement Office
to ensure compliance with this code and all applicable building codes.
(2)
The application fee, as established by the Board of Trustees, shall
be paid upon application for a sign permit.
(3)
Proof of liability insurance naming the Village of Penn Yan as an
insured, in an amount established from time to time by resolution
or motion of the Board of Trustees of the Village of Penn Yan, shall
be submitted with the application of a permit for a sign, any portion
of which includes support structures, overhangs any public property
owned, controlled or maintained by the Village of Penn Yan.
L.
Issuance of permit, variances, period of validity, fees.
(1)
Upon receipt of a complete application for a sign permit, the code
Enforcement Officer shall examine said application and all data submitted
therewith to ensure compliance with the requirements of this chapter,
the criteria contained herein and with other regulations of the Village
as may be applicable. The Code Enforcement Officer shall approve or
disapprove said application within 10 days of receipt of all required
documentation and data, and shall notify the applicant either with
the issuance of the permit or a letter of denial explaining the reasons
for denial and advising the applicant of his or her right to appeal
the decision to the Zoning Board of Appeals.
(2)
A party aggrieved by the determination of the Code Enforcement Officer
with respect to an application for a sign permit may, within 30 days
of the decision by the Code Enforcement Officer, appeal said decision
to the Zoning Board of Appeals. After a hearing, at which the aggrieved
party may present his application and any other pertinent information
and/or documentation, the Board may approve, approve with modifications
or deny the application and shall have the authority to direct the
issuance of a sign permit upon such conditions as may be appropriate.
(3)
A permit issued pursuant to this section for the erection or alteration
of a sign shall be valid for a period of three months from the date
of issuance. In the event that the proposed sign is not erected or
altered pursuant to such permit within said time, that permit shall
become null and void.
(4)
A permit may be extended once for an additional three months, upon
written request of the applicant, with explanation of the reasons
for the request, approval of the Code Enforcement Office and payment
of the prescribed fee required for an extension of the permit.
(5)
Upon completion of installation of the approved sign the applicant
shall, within 10 business days of such completion, notify the Code
Enforcement Office of completion. The Code Enforcement Office shall
then conduct an inspection to verify compliance of the sign.
(6)
In the event that the sign is not in compliance, the Code Enforcement
Officer shall notify the applicant, by certified mail, of the deficiencies
and the applicant shall have 30 days to correct the cited deficiencies
and notify the Code Enforcement Office of the remedial action.
(7)
Upon determination of the Code Enforcement Officer that the sign
is in full compliance, the applicant shall, within 30 days of notification
of approval of the sign, submit a color photograph of the sign, as
installed, to the Code Enforcement Office.
M.
Nonconforming signs. All signs which have been legally erected and
are in existence as of the effective date of this chapter which do
not conform to this new chapter shall be known as "preexisting nonconforming
signs." Such preexisting nonconforming signs need not comply with
the provisions of this chapter except as follows:
(1)
A change in the size, content or location of a preexisting nonconforming
sign displayed by a particular commercial establishment, office or
institution shall terminate the status of that preexisting nonconforming
sign.
(2)
A change in the type of use in the premises for which the preexisting
nonconforming sign(s) has been maintained shall terminate each sign's
protected status as a preexisting nonconforming sign.
(3)
In the event that the use of a preexisting nonconforming sign is
abandoned for a period of six months, its status as a preexisting
nonconforming sign shall terminate.
(4)
All preexisting nonconforming signs shall be maintained pursuant to Subsection O hereof or its status as a preexisting nonconforming sign shall terminate.
(5)
A change in the ownership of a preexisting nonconforming sign alone
shall not terminate its status. The owner or legal possessor of a
preexisting nonconforming sign shall have the right to repair it or
restore it, but only to its original condition and/or content. Such
repairs and/or restoration shall not terminate its status, except
as herein provided.
N.
Construal of provisions; effect on prior acts. The provisions of
this section shall not affect or impair any act done, offense committed
or right accruing, accrued or acquired or liability or penalty, forfeiture
or punishment incurred prior to the time this chapter takes effect,
but the same may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extent as if such chapter had not been enacted.
O.
Maintenance. All signs erected and maintained within the limits of
the Village of Penn Yan shall be kept clean, neatly painted and free
from all hazards such as, but not limited to, faulty wiring and deficient
support structures, and at all time shall be maintained in a safe
condition so as not to be detrimental to the public health or safety.
(1)
Signs must be constructed of durable materials, maintained in good
condition and not allowed to become dilapidated. Dilapidated signs
shall be removed by the owner upon order by the Code Enforcement Officer.
(2)
No sign shall be altered in any way subsequent to approval of plans
thereof.
(3)
No sign shall be maintained which advertises a business or activity
which no longer exists on the property where said sign is located.
Said sign shall be removed by the owner upon order of the Code Enforcement
Officer.
P.
Notice of noncompliance; revocation of permits; costs. In the event
of a violation of any of the foregoing provisions, the Code Enforcement
Officer shall give written notice to the occupant, the owner of the
affected property and the permit holder, which notice shall specify
the violations complained of and the remedial action required to remove
the same. In addition, said notice shall advise of the contents of
this section and the right to appeal an administrative decision to
the Zoning Board of Appeals. In the event that the violations are
not corrected within 30 days of the service of a written notice as
aforesaid, the Code Enforcement Officer shall revoke the permit issued
for such sign, shall have order that such sign be removed.
[Amended 9-6-1993 by L.L. No. 4-1993; 8-18-2009 by L.L. No.
6-2009]
Within the boundaries of the Historic District as designated by the Board of Trustees and the Village of Penn Yan and the Historic Preservation Commission of the Village of Penn Yan, any land use activity shall be subject to the provisions of Chapter 110, Preservation of Historic Areas, of the Code of the Village of Penn Yan, and prior to the issuance of any building or use permit authorized or requested by this chapter, a certificate of appropriateness shall have first been issued pursuant to § 110-5 of the Historical Preservation Chapter of the Code.
[Added 11-18-2008 by L.L. No. 5-2008]
A.
No person shall install or allow to be uninstalled,
nor allow or maintain the use of an outdoor furnace upon property
which he or she owns within the Village without first having obtained
a permit from the Code Enforcement Officer.
B.
Any outdoor furnace intended to be installed shall
be laboratory tested to appropriate safety standards such as UL (Underwriters
Laboratories), (CAN/CSA (Canada National Standard/Canadian Standards
Association), or ANSI (American National Standards Institute) standards
or other appropriate safety standards and certified or listed as approved
or meeting such standards.
C.
Permitted fuel. With respect to outdoor woodburning
furnaces, only firewood, untreated lumber or other appropriate fuels
are permitted to be burned therein. Burning of inappropriate materials
is prohibited, such as, but not limited to, rubbish; garbage; paint;
furniture; composite shingles; construction debris; waste oil; products
containing asphalt; treated, painted or stained wood; railroad ties;
utility poles; plywood; rubber, including tires; corrugated cardboard;
paper products; plastics; synthetic fabrics; foam; container board.
D.
Smokestack/chimney. Any outdoor furnace shall have
a smoke stack or chimney which:
(1)
Is double stainless steel wall insulated by
metalbestos or similar product; and
(2)
Extends a minimum of 17 feet above ground level
of the outdoor furnace; and
(3)
Extends at least two feet above the peak of
any building on the subject or neighboring property immediately adjacent
or directly opposite the property on which the outdoor furnace is
located and which building is situate within 150 feet of the outdoor
furnace; and
(4)
Is stabilized and secured by a suitable device
or mechanism approved by the Code Enforcement Officer.
E.
Setbacks.
(1)
Any outdoor furnace shall be situate in the
rear of the principal structure on the lot.
(2)
Any outdoor furnace and/or chimney shall not
be located within 100 feet of any residence not served by said outdoor
furnace.
(3)
Any outdoor furnace and/or chimney serving such
outdoor furnace shall be at least 75 feet from any property line and
12 feet from the principal structure on the lot.
