[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 12-17-1991 by L.L. No. 2-1990. Amendments noted where applicable.]
On any premises used for commercial purposes, a canopy, awning, roof or overhead projection may only be erected or maintained upon application to the Planning Board of the Village of Sea Cliff for a permit The fee for and duration of such permit shall be as set forth in Appendix Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed with the Building Inspector. The form for and documents and information to be submitted with such application shall be as prescribed by the Board of Trustees.
The materials, construction, size, dimensions, location, design and stylization of canopies, awnings, roofs and overhead projections within the Incorporated Village of Sea Cliff directly affect the physical and visual environment of such Village and the safety and welfare of the Village and its residents. It is the purpose of this chapter to provide criteria, objectives, standards and guidelines to be considered in determining whether a permit should be granted to authorize the construction of a canopy, awning, roof or overhead projection in order to protect and enhance said physical and visual environment of the Village and to promote and protect the safety and welfare of persons using the premises and the Village and its residents. To achieve this goal, the Planning Board of the Incorporated Village of Sea Cliff is hereby empowered to review all applications for such permits for a determination based upon the criteria as set forth herein.
In determining whether or not to issue such permit, the Planning Board shall give reasonable consideration to the needs, objectives and purposes of the applicant as balanced against the physical and visual environment of the Village and the safety and welfare of persons using the premises and the Village and its residents and shall consider, along with all other factors which the Board deems relevant, the materials to be used, frame construction and materials, size, dimensions, location, setback, height, purpose, the appropriateness of design to the character of the neighborhood, the effect on clear and safe passage of pedestrians, whether an obstruction to view will be created, the means of fastening and support, the likelihood of accident or danger due to location, design or other relevant factors and whether the structure will be permanent or temporary.
In making its determination as regards one or more of the factors set forth in § 51-3, as well as the overall structural integrity and appropriateness of design, the Board may refer the application to the Building Department and/or the Architectural Board of Review for advice, comment and recommendation as regards such factors as are within the expertise and jurisdiction of such Department or Board.
Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of the decision of the Planning Board in the office of the Village Clerk.
The Planning Board is hereby authorized to adopt, promulgate, amend and repeal rules and regulations governing its procedure and the transaction of its business and for the purpose of fully implementing the provisions of this chapter. Such rules and regulations, and any amendment thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.
This chapter shall take effect in accordance with § 27 of the Municipal Home Rule Law.