Village Of Sackets Harbor
 Laws 

1984 - No.2 - Amending the Village Zoning Law

Number 2 of 1984
Overview:
 

1987

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VILLAGE OF SACKETS HARBOR

 

ZONING LAW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

ARTICLE I:  INTRODUCTORY PROVISIONS...................................................................................................    4

 

      Section 1 - 0 Short Title...............................................................................................................    4

      Section 1 - 1 Purpose...........................................................................................................................    4

      Section 1 - 2 Prior Existing Laws & Ordinances................................................    4

      Section 1 - 3 Application of Regulations..................................................................    4

 

ARTICLE II:  DEFINITIONS....................................................................................................................................    5

 

      Section 2 - 0 General Meaning...................................................................................................    5

      Section 2 - 1 Specific Definitions....................................................................................    5

 

ARTICLE III:  ESTABLISHMENT OF ZONING DISTRICTS...............................................................    12

 

      Section 3 - 0 Zoning Districts................................................................................................    12

      Section 3 - 1 Zoning Map Certification........................................................................    12

      Section 3 - 2 Interpretation of District Boundaries.................................    12

 

ARTICLE IV:  DISTRICT REGULATIONS.........................................................................................................    13

 

      Section 4 - 0 Single Family Residential.....................................................................    13

      Section 4 - 1 General Residential.......................................................................................    14

      Section 4 - 2 Business........................................................................................................................    15

      Section 4 - 3 Commercial..................................................................................................................    16

      Section 4 - 4 Historic Overlay................................................................................................    17

      Section 4 - 5 Waterfront Overlay..........................................................................................    18

      Section 4 - 6 Planned Development.......................................................................................    19

     

ARTICLE V:  GENERAL REGULATIONS...............................................................................................................    22

 

Section 5 - 1 Applicability.........................................................................................................    22

      Section 5 - 2 Corner Lots...............................................................................................................    22

      Section 5 - 3 Fences & Walls......................................................................................................    22

      Section 5 - 4 Inoperative and Unregistered Motor Vehicles...............    23

      Section 5 - 5 Private Roads.........................................................................................................    23

      Section 5 - 6 Parking...........................................................................................................................    23

      Section 5 - 7 Signs.................................................................................................................................    23

      Section 5 - 8 Unsafe Buildings................................................................................................    27

      Section 5 - 9 Shoreline Lots......................................................................................................    27

 

ARTICLE VI: SPECIFIC USE REGULATIONS................................................................................................    29

 

      Section 6 - 1 Animal Hospital and Kennel..................................................................    29

      Section 6 - 2 Automobile Service & Retail Gasoline Station............    29

      Section 6 - 3 Institutional Uses..........................................................................................    29

      Section 6 - 4 Marina..............................................................................................................................    29

      Section 6 - 5 Home Occupation...................................................................................................    30

      Section 6 - 6 Individual Mobile Home..............................................................................    31

      Section 6 - 7 Single Family Dwelling..............................................................................    32

      Section 6 - 8 Mobile Home Park................................................................................................    32

      Section 6 - 9 Motels, Hotels & resorts........................................................................    33

      Section 6 -10 Light Industrial Operations...............................................................    33

      Section 6 -11 Multi-Family Dwelling.................................................................................    34

      Section 6 -12 Public Utility......................................................................................................    35

      Section 6 -13 Recreation Facility.......................................................................................    35

      Section 6 -14 Retail/Rental, Large Product............................................................    35

      Section 6 -15 Satellite Dish......................................................................................................    36

      Section 6 -16 Swimming Pool.........................................................................................................    36

      Section 6 -17 Tourist Homes.........................................................................................................    36

      Section 6 -18 Horse Stable............................................................................................................    36

 

ARTICLE VII:  SITE PLAN REVIEW..................................................................................................................    38

 

      Section 7 - 0 Authority Purpose/Scope...........................................................................    38

      Section 7 - 1 Application for Site Plan Review................................................    38

 

      Section 7 - 2 General Review Criteria...........................................................................    40

      Section 7 - 3 Historic Criteria.............................................................................................    41

      Section 7 - 4 Waterfront Criteria.......................................................................................    45

      Section 7 - 5 Reasonable Conditions.................................................................................    50

      Section 7 - 6 Guarantees for Installation & Maintenance

of Improvements...................................................................................................    50

 

ARTICLE VIII: NONCONFORMITIES.....................................................................................................................    52

 

      Section 8 - 0 General...........................................................................................................................    52

      Section 8 - 1 Site Plan Review for Change or Expansion........................    53

 

ARTICLE IX: ADMINISTRATION & ENFORCEMENT....................................................................................    54

 

      Section 9 - 0 Zoning Permits......................................................................................................    54

      Section 9 - 1 Fees....................................................................................................................................    54

      Section 9 - 2 Zoning Officer......................................................................................................    55

Section 9 - 3 Planning Board......................................................................................................    55

Section 9 - 4 Historic Review Board.................................................................................    56

Section 9 - 5 Zoning Board of Appeals...........................................................................    57

      Section 9 - 6 Violations and Penalties........................................................................    58

      Section 9 - 7 Amendments..................................................................................................................    58

      Section 9 - 8 Separability............................................................................................................    58

      Section 9 - 9 Effective Date......................................................................................................    59

 

ZONING DISTRICT MAP...................................................................................................................................................    60


 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE I 

 

INTRODUCTORY PROVISIONS


 

 

Section I - 0 Short Title

 

This local law shall be known and cited as "Village of Sackets Harbor Zoning Law".

 

Section 1 - 1 Purpose

 

This local law is designed to protect existing development and provide some control of growth so that future development will not be detrimental to the Village. Its intent is to reduce .land use conflicts, retain and improve land values, encourage quality development, ensure wise use of utilities, promote traffic safety, enhance and protect the historic, natural and scenic resources of the Village, and promote the general welfare.

 

Pursuant to the provisions of Article 7, Section 700, New York State Village Law and Articles 2 & 3 of Municipal Home Rule Law, the Village Board of Sackets Harbor, New York hereby enacts this local law.

 

Pursuant to Municipal Home Rule Law Section 10, where this Law is inconsistent with Village Law, this Law shall supercede Village Law.

 

Section 1 - 2 Prior Existing Laws and Ordinances

 

Local Law # 4 for the year 1980 and Local Law #2 for the year 1984 are hereby repealed.

 

Section 1 - 3 Application of Regulations

 

No building, structure or land shall be used or occupied and no building, structure or part thereof shall be erected, moved or altered (to change the exterior physical dimensions) unless in conformity with the regulations for the district in which it is located, as specified by this local law.

 

No part of a yard or other open space about any building, required for the purpose of complying with the provisions of this law, shall be included as part of a yard or other open space similarly required for another building.

 

Any use which is not listed in the permitted use schedules of the various districts created by this law shall be presumed to be prohibited.

 

 

 

 

 

 

 

 

 

ARTICLE II

 

DEFINITIONS

 

Section 2 - 0 General Meanings

 

Except where specifically defined in Section 2 - 1 below, all words or terms used in this law shall carry their customary meaning. In addition, the following provisions hold true:

 

A.    Words used in the present tense include the future tense;

 

B.    The word "person" includes a firm, partnership, corpora­tion, company, association, organization or trust as well as an individual;

 

C.    The word "lot" includes the word plot or parcel;

 

D.    The words "used" or "occupied" as applied to any buildings, structure, or land include the words intended, arranged, or designed to be used Or occupied;

 

E.    Words in the singular include the plural; and

 

      F.    The word "shall" is intended to the mandatory.

 

Section 2 - 1 Specific Definitions

 

ACCESSORY USE\STRUCTURE: A building or use which is inci­dental to a principal building or use, and located on the same lot as the main building or use.

 

ADMINISTRATIVE EXPENSES: All actual expenses and liabilities incurred by the Village or any of its officers or agencies in processing and reviewing, applications hereunder and insuring compliance with this law and all other applicable law or regulations, including but not limited to engineering fees and disbursements, legal fees and disbursements, publication expenses, administrative expenses and any other actual expenditure incurred or accrued by the Village.

 

ADULT ENTERTAINMENT USE: Any person, establishment, business, or use of such establishment (excluding the serving of alcoholic beverages) which, by the nature of its operation, is not or would not be open to the public generally due to the exclusion of any minor by reason of age or by operation of New York Statute Law.

 

AUTOMOBILE SERVICE STATION: Any establishment that sells or supplies gasoline or other motor vehicle fuels, or lubricants and or services automobiles. This may also include car washes.

 

BAR: An establishment, or part thereof, used primarily for the sale or dispensing of alcoholic beverages by the drink.

 

BUILDING: A shelter having a roof supported by columns or by walls, and intended for the shelter or enclosure of persons, animals or property.

BUILDING AREA: The total area, taken on a horizontal plane at main grade level, consumed by the principal building and all accessory buildings, excluding chimneys, uncovered porches, patios, terraces, steps and open areaways.

 

BUILDING HEIGHT: Vertical distance measured from the average elevation of the main grade at the front of the building to the highest point of the roof.

 

BUILDING LINE: The line that is formed by the face of the building or the attached part of the building nearest the lot line. This includes measurements from porches, patios, terraces, attached garages and other similar protrusions.

 

DRIVE-IN SERVICES: A commercial facility or use which relies upon the motoring public for its business. Such facilities contain appropriate traffic/parking arrangements to serve motor vehicles.  Examples of such facilities include drive-in restaurants, banks, etc.

 

DWELLING: A building or portion thereof, used or occupied as living quarters for one or more families. The term does not include tourist home, mobile homes, institutional uses, or hotel/motel.

 

(a)   Dwelling, Single-Family: A building designed for or occupied exclusively by one family.

 

(b)   Dwelling, Two-Family: A building designed for or occupied by two families living independently of each other.

 

(c)   Dwelling, Multiple Family: h building designed for or occupied by three or more families living indepen­dently of each other.

 

ENVIRONMENTAL ASSESSMENT FORM (EAF): A form used to determine the environmental significance of proposed projects. An EAF describes the proposed activity, its location, purpose, and potential impacts on the environment.

 

ERECT: To construct, build, or re-erect, reconstruct, rebuild, or excavate a building or structure.

 

EROSION PROTECTIVE STRUCTURE: Any structure(s) designed, used or constructed to prevent damage of property by the littoral or riparian waters of a water body.

 

FAMILY: One or more persons living together as-a single house­keeping unit.

 

FARM: The raising and production of crops, livestock, poultry, dairy products, fish or other wildlife, trees, maple syrup products, and horticultural operations. The selling of farm products grown or produced on the premises shall be considered agricultural operations. The term "farm" shall not include hog farms, egg farms or fur farms.

 

FARM STRUCTURE: Barns, silos, storage buildings, equipment sheds and other structures customarily used for agricultural purposes.

 

FENCE: A structure of wood, stone or other materials intended for defense, security, screening, partitioning, or enclosure; or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A fence shall be considered a wall.

 

FLOOR AREA: The total horizontal area of all floors of a building, except the basement and attic, measured along the faces of the interior walls.

 

HISTORIC LANDMARK: Any building, structure or site designated as historic by the National Register of Historic Places, and/or included in a recognized historic district.

 

HISTORIC STRUCTURE/BUILDING/SITE: Any building structure or parcel of property possessing special character or historic or aesthetic interest or values as part of the cultural, political economic or social history of the locality, region, state or nation, or is identified with historic personages, or embodies a particular architectural style or the work of a significant architect, or is visually singular to a neighborhood due to location or physical character.

 

HORSE STABLE: The keeping of horses for personal, non-commercial use, including accessory structures.

 

HOME OCCUPATION: A nonresidential activity of a service nature conducted within a dwelling, (in accordance with provisions of this local law), and secondary to the residential use.

 

IMPERVIOUS SURFACES: The impermeable or non-porous surfaces or streets, buildings, and other structures or materials on or above the ground that do not allow precipitation to be absorbed into the underlying soil.

 

INSTITUTIONAL USES: Any one (1) or more of the following uses, including grounds and accessory building necessary for their use:

 

(a)   Religious Facilities, including convents, churches, synagogues, rectories, etc.

(b)   Public parks, playgrounds and recreation facilities, such ball fields, playing courts, etc. authorized or operated by a governmental authority.


(c)   Schools

(d)   Public Libraries

(e)   Not-for-profit fire, ambulance and public safety buildings

(f)   Public or private meeting halls, or places of assembly, not operated primarily for profit.

(g)   Nursing Home


 

JUNK VEHICLE: Any motor vehicle (whether automobile, bus, trailer, truck, motor home, motorcycle, or snowmobile, or any other device originally intended for travel on public highways) which is unlicensed, wrecked, discarded, or dismantled and which is not intended or in any condition for legal use upon the public highway. When referring to agricultural vehicles or other special purpose vehicles (such as for hunting and snow­plowing) the term means any motor vehicle which is incapable of motion under its own power.

JUNKYARD: An area of land with or without buildings, used for outside storage of used and discarded materials, appliances, waste matter, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use.

 

The outdoor storage of two (2) or more unregistered motor vehicles (excluding unregistered operative vehicles used in conjunction with the operation of a farm), or the major parts of two (2) or more such vehicles for a period of two (2) months or longer, shall also be deemed to make the lot a "junkyard".

 

KENNEL: Land or building used for the breeding, boarding, training, sale or housing of five (5) or more dogs or cats that are more than four (4) months of age.

 

LIGHT INDUSTRIAL OPERATIONS: A facility which manufactures, designs, assembles, or processes a product for wholesale or retail sale and does not employ over 50 people. The industry does not produce high-volumes of polluting wastes and is compatible with other uses of the district.

 

LOT: A parcel of land used or occupied, or capable of being used or occupied, by a building and the accessory buildings or uses customarily incidental to it, including such yards as are required by this local law.

 

LOT, CORNER: A parcel of land at the junction of, and fronting on, two or more intersecting streets.

 

LOT, DEPTH: The mean horizontal distance between the front and rear lot lines.

 

LOT FRONTAGE: The distance between the boundaries of a lot measured at their points of intersection with the street right-of-way line.

 

LOT LINE: Property lines bounding a lot.

 

LOT, SHORELINE: Any parcel abutting Lake Ontario.

 

LOT WIDTH: The horizontal distance between the side lot lines measured at the required setback lines.

 

MANUFACTURED HOUSING: A building designed for long-term residential use having the following characteristics:

 

(a)   Constructed or produced in a factory for transportation to a site for installation and use when connected to re­quired utilities.

 

(b)   Either an independent, individual building or a module for combination with other elements to form a building on the site.

 

MARINA: A lot, building, or structure located on or adjacent to [he shoreline which provides docking or secure mooring facilities for marine vehicles. The use may also include sales, rental, storage or repair facilities and services for marine vehicles.

MOBILE HOME: Manufactured housing built on a chassis, factory designed to be less than 15 ft. in width, which may be temporarily or permanently affixed to real estate. A mobile home shall:

 

(a)   Bear the seal of approval issued by the Federal Depart­ment of Housing and Urban Development;

 

(b)   Be construed to remain a mobile home, subject to all re­gulations applying thereto, whether or not wheels, axels, hitch or other appurtenance of mobility are removed and re­gardless of the foundation provided; not be construed to be a travel trailer or other form of recreational vehicle.

 

MOBILE HOME PARK: Any lot under single ownership on which three (3) or more mobile homes are located and occupied for living purposes, regardless of whether or not rent is charged for such lot accommodations.

 

MOTEL/HOTEL: A building or group of buildings, whether detached or in. connected units, containing transient and/or permanent lodging facilities such as restaurants, meeting rooms, retail business and other activities primarily intended to accommodate the occupants, but open to the public; includes buildings designated as motor lodges, tourist courts and cabins, and other similar terms.

 

NONCONFORMITY: A lot, structure o~ use of land lawfully existing at the time of enactment of this law which does not conform to the regulations of the district in which it is located.

 

NURSERY SCHOOL: An establishment where child care and pre­school, education is provided for no more than 7 children per supervising employee or proprietor.

 

NURSING HOME: A dwelling where persons are lodged and furnished with meals and nursing care for commercial purposes. This shall not include homes for mentally handicapped, drug or alcohol rehabilitation patients, etc.

 

PATRON/CUSTOMER SPACE: All that area of a building, deck, patio or grounds, excluding restrooms, which is designed to be used or occupied by patrons or customers of a business, including but not limited to restaurants, bars, retail establishments and home occupations.

 

PRINCIPAL BUILDING: A building in which is conducted the main or principal use of the lot on which such building is located.

 

PROFESSIONAL OFFICE: Offices and related spaces for provision of services as provided by medical practitioners, attorneys, architects, engineers, and similar professions.

 

PUBLIC UTILITY: A privately or publicly owned facility, considered an essential service, that serves the general public or some of the public including, but not limited to landfill, Power generating facility, radio transmitting center, etc.

 

RECREATION, INDOOR: Business primarily devoted to the amusement of the general public. Examples include theaters, bowling alleys, indoor amusement arcade and health club. Incidental food service is also included.

 

RECREATION, OUTDOOR: Includes golf driving range, golf pitch and putt course, and par three golf course; recreation court; open space; playfield; swimming pool; bike trails; hiking trails; and similar facilities for outdoor recreation. Outdoor recreation shall not include miniature golf, archery range, shooting range or other high traffic generator.

 

RETAIL, LARGE: A commercial activity including sales, rentals and service for new and used automobiles, trucks, mobile homes, boats, recreational vehicles, farm implements, equipment, facilities where auctions take place on-site, and retail tree nurseries.

 

RESTAURANT: A commercial establishment which primary purpose is to food to the public. However, a snack bar or refreshment stand, stand at a public or semi-public pool, playground or park operated for the convenience of the facilities patrons shall not be deemed to be a restaurant.

 

RETAIL, SMALL: A commercial activity characterized by the direct on-premise sale of goods and services to the ultimate consumer, including on-premise manufacturing, processing and preparation customarily associating with department stores, food markets, and similar establishments, and such services as barbers, clothiers, shoe repair, laundry, etc.

 

SATELLITE DISH: A structure attached to the ground or another structure, built or intended for receiving tel6vision or radio programming transmitted or relayed from an earth satellite.

 

SEQR: The State Environmental Quality Review Act of the State of New York. Its basic purpose is to consider environmental factors in the planning, review and decision making processes of state, regional and local governmental agencies at the earliest possible time.

 

SHOPPING CENTER: A unified development of small retail, professional office, restaurant or indoor recreational uses subject to all the provisions of this law that relate to the individual uses in the Center.

 

SIGN: Any billboard, signboard, inscription, pennant, or other material, structure, exterior painting, or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window), and used as an advertisement, announcement, or direction.

 

STREET: A public thoroughfare for motor vehicles which affords the primary means of access to abutting properties.

 

STREET LINE OR HIGHWAY, RIGHT-OF-WAY LINE: The dividing line between a lot and a street right-of-way line, as dedicated by deed or record.  Where there is no right-of-way line established, the street line shall be considered to be twenty-five (25) feet from the centerline of the street pavement.

 

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term includes but is not limited to, dwelling units, buildings, swimming pools, platforms, towers, billboards, signs, fences and walls but is not intended to include conventional sidewalks, driveways, curbs, chimneys, fences or walls.

 

TOURIST HOME: A residential use containing at least one dwelling unit along with one or more rooms used for accommo­dating overnight transient guests on a commercial basis.

 

TRAILER: See "Mobile Home".

 

USE: The specific purpose, for which any land or building is designed, arranged or intended, or for which it is or may be occupied or maintained:

 

VARIANCE: Any departure from the requirements of this law as granted by the zoning Board of Appeals for a particular piece of property, usually pertaining to dimensional or use requirements. Variances run with the land and are not particular to any one landowner.                 

 

(a)   Use Variance - a variance in accepted land use in a parti­cular district granted by the Z.B.A. after formal hearing.

 

(b)   Area Variance - a variance from the dimensional or lot area requirements of a particular district granted by the Z.B.A. after formal hearing procedure.

 

WALL: See definition for "fence"

 

WASTE MATTER: Any refuse, rubbish, garbage, litter, decomposable or organic matter, putrescent matter, carcass, sewage, excrement, sludge, hazardous liquids or substances (as per New York State Environmental Conservation Law), ashes, tin cans, crates, boxes, or other materials or substances no longer intended or in condition for ordinary use, or other substances or materials offensive to the public or detrimental to its health, safety and welfare by virtue of its volume or untreated nature.

 

YARD: Unoccupied open space between the building line and the nearest lot line or street line.

 

YARD, FRONT: The space within and extending the full width of the lot from the street line to the part of the principal or accessory building which is nearest such street line. If a lot adjoins two (2) or more streets, it shall be deemed to have a front yard on each street.

 

Waterfront lots shall be deemed to have a front yard on that side of the lot closest to the water body they abut and on that side of the lot closest to any street, road or highway.

 

YARD, REAR: The space within and extending the full width of .the lot from the rear lot line to the part of the principal or accessory building which is nearest to such lot line.

 

YARD, SIDE: The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal or accessory building which is nearest to such side lot line.

 

 

 

ARTICLE III

 

ESTABLISHMENT OF ZONING DISTRICTS

 

Section 3 - 0 Zoning Districts

 

For the purpose of this local law, the Village of Sackets Harbor is hereby zoned into the following districts:

 

Single Family Residential           SFR
General Residential                 GR
Business                            B
Commercial                          C
Historic Preservation (overlay)     HP
Waterfront (overlay)                W
Planned Development District        PDD

 

Section 3 - l Zoning Map

 

(a)   The boundaries of the above named zoning districts are delineated on the map entitled "Zoning Map, Village of. Sackers Harbor, New York", dated with the effective date of this local law and filed in the Village Clerk's Office. This map is hereby adopted and declared to be part of this local law.

 

(b)   Any changes made by the Village Board, in district boundaries or other information shown on the map, shall be: promptly made on the map with a statement describing the nature and date of the change.

 

Section 3 - 2 Interpretation of District Boundaries

 

(a)   Where uncertainty exists with respect to the exact boundaries of districts as shown on the zoning map, the final decision will be made by the Zoning Board of Appeals.

 

(b)   Where a district boundary line divides a lot in single or joint ownership existing at the time of enactment of this local law, the use authorized on, and the district requirements of the most restricted portion of such lot shall be understood as extending to the entire lot.

 

(c)   District boundary lines generally follow or parallel, at set distances, centerlines of streets, existing lot lines, and other man-made and natural features. The Zoning Officer shall be given the authority to scale these districts from the zoning map and relate them to accurate ground points.

 

 

 

 

 

 

 

 

 

ARTICLE IV

 

DISTRICT REGULATIONS

 

Section 4 - 0 Single Family Residential (SFR)

 

A.    Purpose

The primary intent of this district is to provide for single family residential development of a moderate density, and to protect the character and integrity of existing single family neighborhoods.

 

B.    Permitted Uses

      Single Family Dwelling

      Home Occupations {according to Article VI, Section 6-5).

 

C.    Permitted Accessory Uses

      Private Garages

      Swimming Pools

      Carports

      Patios

      Private Greenhouses

      Satellite Dish

      All others less than 100 sq. ft. ground contact area.

 

D.    Site Plan Review Uses

 

      Mortuary Establishments

      Public Utility

      Tourist Home

      Institutional

      Recreation, Outdoor

      Marina

      Two-Family Dwelling

      Horse Stable

 

E.    Lot Dimensions*

 


      Maximum Impervious Surface    50%

      Minimum Lot Area              15,000 sq. ft.

      Minimum Lot Width             100 ft.

      Minimum Front Yard            30 ft.

      Minimum Side Yard             15 ft.

      Minimum Rear Yard             25 ft.

      Maximum Building Height       35 ft.

 

*Accessory Uses shall be subject to the same yard-requirements as Permitted and Site Plan Review Uses.

 

 

 

 

 

 

 

Section 4 - 1 General Residential

 

A.    Purpose

 

The main purpose of this district is to provide for a greater mix of residential development of moderate density.

 

B.    Permitted Uses

 

      Single Family Dwelling

      Two Family Dwelling ~

      Home Occupations (according to Article VI, Section 6-5)

 

C.    Permitted Accessory ,Uses

 

      Private Garages

      Swimming Pools

      Carports

      Patios

      Private Greenhouse

      Satellite Dish

      All others less than i00 sq. ft. ground contact area

 

D.    Site Plan Review Uses

 

      Individual Mobile Home

      Mortuary Establishment

      Public Utility

      Farm and Farm Structure

      Multi-Family Dwelling

      Recreation, Outdoor

 

E.    Lot Dimensions*

 

      Maximum Impervious Surface    50%

      Minimum Lot Area              15,000 sq. ft.

      Minimum Lot Width             100 ft.

      Minimum Front Yard            30 ft.

      Minimum Side Yard             15 ft.

      Minimum Rear Yard             25 ft.

      Maximum Building Height       35 ft.


 

*Accessory Uses shall be subject to the same yard requirements as Permitted and Site Plan Review Uses.

 

 

 

 

 

 

 

 

 

 

Section 4 - 2 Business

 

A.    Purpose

 

The purpose of this district is the promotion of centralized and orderly commercial development, which will concur with the scale, character and style of the existing business district, while remaining in harmony with adjacent historic residential and institutional land uses.

 

B.    Permitted Uses

 

      Single Family Dwelling

      Two Family Dwelling

 


Home Occupation (according to Article VI, Section 6-5)

 

C.    Permitted Accessory Uses


 

      Signs

      Private garages

      Swimming pools

      Carports

      Patios

      Private Greenhouses

      Satellite Dish

      All others less than 100 sq. ft. ground contact area

 

D.    Site Plan Review Uses

 

      Lending Institutions

      Professional Offices

      Small Retail

      Hotel/Motel

      Restaurant

      Institutional

      Marina

      Bar.

      Recreation, Indoor

 

E.    Lot Dimensions*

 


      Maximum Impervious Surface    100%

      Minimum Lot Area              3,000 sq. ft.

      Minimum Lot Width             50 ft.

      Minimum Front Yard            10 ft.

      Minimum Side Yard             15 ft.

      Minimum Rear Yard             7.5 ft.**

      Maximum Building Height       35 ft.


 

*Accessory Uses shall be subject to the same yard requirements as Permitted            and Site Plan Uses.

**This requirement may be waived for row-building.

 

Section 4 - 3 Commercial

 

A.    Purpose

 

The intent of this district is to provide opportunity for limited industrial enterprises, along with a more liberal mix of residential and limited commercial uses.

 

B.    Permitted Uses

 

      Single Family Dwelling

      Two Family Dwelling

      Home Occupation (according to Article VI, Section 6-5).

 

C.    Permitted Accessory Uses

 

      Signs

      Service Building

      Public Utility

      Private Garages

      Swimming Pools

      Carports

      Patios

      Private Greenhouses

      Satellite Dish

      All others less than 100 sq. ft. ground contact area

 

D.    Site Plan Review Uses

 


      Light Industrial Operations               Recreation, Outdoor

      Public Utility                            Recreation, Indoor

      Mobile Home Park                          Automobile Service Station

      Professional Offices Retail, Large        Shopping Center

      Farm and Farm Structure

      Institutional Uses"

      Individual Mobile Home

      Retail, Small



 

E.    Lot Dimensions*


 

      Minimum Lot Area              15,000 sq. ft.

      Minimum Lot Width             100 ft.

      Minimum Front Yard            30 ft.

      Minimum Side Yard             20 ft.

      Minimum Rear Yard             25 ft.

      Maximum Building Height       35 ft.

      Maximum Impervious Surface    50%, residential uses

                                    75%, commercial uses

                                    75%, industrial uses

 

*Accessory Uses shall be subject to the same yard requirements as Permitted and Site Plan Review Uses.

 

Section 4 - 4 Historic Preservation Overlay District

 

A.    Purpose

 

The Village of Sackers Harbor is endowed with a wealth of buildings, sites, structures and areas which have significant and unique historic, archeological, and architectural value Sot the community and its heritage. This endowment of historic value contributes educationally, culturally, and economically to the character of the Village and general welfare of the public.

 

It is a matter of public policy that the protection, enhancement, perpetuation and use of these significant buildings, structures, sites and areas of special character or historical interest and value is a public necessity required in the interest of the health, safety, welfare and prosperity of the people of Sackets Harbor.

 

The Historic Preservation District Overlay is meant to accomplish the following purposes:

 

      1.    Effect the preservation of resources that represent or reflect elements of the Village's cultural, social, economic, political and architectural history;

 

      2.    Increase the educational and recreational appeal of the Village to residents and visitors through the promotion of its historic district and landmarks, and thereby advance the local economy; and

 

      3.    Stabilize and increase property value by fostering civic pride in the beauty and accomplishments of the past.

 

B.    Applicability

 

In this district, all uses of land which fall under the Regulated Activities Section, below, are subject to Site Plan Review, Article VII.    Such activities shall be reviewed pursuant to all the General Site Plan Criteria as well as the Historic Criteria. All regulations of the underlying district shall apply unless the. regulations of this district are more restrictive.

 

C.    Regulated Activities

 

      1.    Exterior alteration, restoration, reconstruction, demolition or relocation of historic buildings or structures.

 

      2.    New non-historic buildings or structures (including relocation) or substantial alteration of existing non-historic buildings or structures.

 

      3.    Other non-structural activities on or adjacent to his­toric properties including blasting, tunneling, trenching, excavation, filling, grading, paving, fencing landscaping, lighting and signage which by their nature may threaten or detract from the value or character of the historic buildings, structures, sites or areas.

 

D.    Exempt Activities

 

The following activities are exempt from the provisions of this Section:

 

      1.    Ordinary maintenance and repair of any exterior archi­tectural feature, of a historic structure which does not involve a change in design, material, color or outward appearance.

 

      2.    Minor non-structural activities on or adjacent to historic properties which by their nature will not threaten or detract from the character of the district.

 

3.                Temporary signs in accordance with Section 5-7.

4.                Repainting a structure.

 

 

Section 4 - 5 Waterfront Overlay District

 

A.    Purpose

 

The purpose of the Waterfront Overlay District is to delineate an area coterminous with the Sackers Harbor Local Waterfront Revitalization Program (LWRP) Coastal Area whereby new develop­ment and redevelopment will be reviewed for compatibility with the policies and purposes of the LWRP.

 

As an overlay district, the Waterfront Overlay District does not replace the existing land use districts and their provisions, but rather, represents an additional level of review, superimposed on the provisions of the existing or underlying districts, that specifically relates to the policies and purposes of the LWRP.

 

B.    Regulated Uses

 

All uses shall be subject to the regulations contained in the underlying district. Those uses requiring site plan review shall also comply with the applicable waterfront criteria set forth in Article VII, Section 7-4.

 

Lot Dimensions

 

All lot dimensions will be determined by the regulations established by the underlying zoning districts.

 

 

 

 

 

 

 

 

Section 4 - 6 Planned Development District

 

A.    Purpose

 

This Section enables the Village to establish Planned Development Districts at designated specific locations, by amending the Zoning Law. The purpose of establishing a PDD is to allow a variety of compatible uses such as residential, commercial and recreational development so the demands for housing may be met by greater variety in type, design and sighting of dwellings, and by the conservation and more efficient use of land. To accommodate such develop­ment, this Section allows greater freedom and imagination in design than is usually possible, while adhering to the Village's planning policies and development objectives.

This flexibility in design and land use regulations is guided by the following objectives:

 

      1.    Efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, and utilities.

 

      2.    To the greatest extent possible, preserve the amenities of the site, open space, historic and cultural resources, and existing landscape features.

 

      3.    Ensure that development is of a quality nature and meets the overall intent of this Law.

 

In a Planned Development District, small-to-large scale development may contain both individual building sites and common property.

 


B.    Allowed Uses                             

                                         

      Single Family Dwelling                    Signs

      Two Family Dwelling                       Service Buildings

      Multi-Family Dwellings                    Private Garages

      Small Retail                              Swimming Pools

      Professional Offices                      Patios

      Home Occupation                           Private Greenhouse

      Institutional                             Mobile Home Park

      Outdoor Recreation, Indoor Recreation,    Automobile Service Station

Marina

      Bar

      Restaurant

 

C.    Lot Dimensions

 

All lot dimensions shall be at the discretion of the Planning Board and the Village Board, but the total number of dwelling units shall in no case exceed six (6) per acre.

 

      1.    The nonresidential uses of a commercial or business nature shall not exceed the square footage devoted to residential (and its accessory) uses. This shall be determined by building floor area. Such commercial or service area may be in separate buildings or incorpor­ated within two-family or multi-family structures or in suitable combinations of these alternatives.

 

      2.    Customary accessory or associated uses, such as private garages, storage spaces, patios, signs, greenhouses and swimming pools shall also be permitted as appropriate.

 

D.    General Requirements for Planned Development Districts

 

A proposal must meet the following requirements to be con­sidered for Planned Development District status:

 

1.    Minimum Area:

 

The proposal must include at least three (3) contiguous acres of land.

 

2.    Ownership,

 

The land involved may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner, or jointly by owners, of all pro-perky included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.

 

3.    Location

 

If the applicant can demonstrate that the proposal's characteristics meet the objectives of this Section, a PDD may be designated in any area of the Village.

 

4.    Community Property

 

Common property is not required for Planned Development Districts; however, it is often characteristic of such proposals. Common property is a parcel(s) of land, with or without improvements, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, its ownership may be either public or private. When common property exists in private ownership, satisfactory arrangements must be presented for the improvement, operation and main­tenance of the common property and facilities, including private streets, drives, parking areas, re­creational and open space areas.

 

      5.    Specific Use Regulations

 

The Planning Board and Village Board may use the standards established for specific uses (see Article VI) as a basis for approving the PDD plan.

 

E.    PDD Procedure

 

Following are procedural steps that shall be followed when applying for PDD status.

 

      1.    To establish Planned Development Districts, the zoning map must be amended in accordance with the following procedures and the regulations for amendments to the zoning law, found in Section 9-7.

 

      2.    Application for a Planned Development District shall be made to the Village Board by the owner(s) of the property included in the proposed PDD. The application shall consist of all the information required for a Site Plan Review, as stated in Article VII, Section 7-1. Within seven (7) working days of re­ceiving the application the Village Board shall refer the application to the Planning Board for considera­tion.

 

      3.    The Planning Board shall review the application accor­ding to the criteria and procedure for Site Plan Review, Article VII, Section 7 - (1 - 4), except that a public hearing by the Planning Board is not required. Therefore, the Planning Board shall have a maximum of 60 days from the receipt of the application to make its recommendation.

 

      4.    The Planning Board shall recommend (rather than take final action) approval, approval with conditions, or disapproval to the Village Board within the same time as they would normally take final action on a site plan review use.

 

      5.    Within forty-five (45) days of receiving the Planning Board recommendation, the Village Board must hold a public hearing on the proposal, then deny, approve, or approve with modifications the PDD proposal.

 

      6.    If the PDD is approved, the permitted development must be confined to the specific designated area and adhere to the approved site plan. Anything different from this constitutes a violation of this zoning law.

 

      7.    In order to exceed any of the above time frames for adoption of a PDD, there must be agreement by both the applicant and the Village Board.

 

      8.    If no noticeable intent to develop has been demon­strated within one (1) year from the date PDD status is granted, the land shall revert to its former zoning status.

 

      9.    A PDD shall not be changed to increase dwelling units, increase housing density, or increase non-residential square footage or to change any specific conditions placed on the applicant by the Village Board without undergoing a complete PDD procedure as outlined in this Section. A change of site plan only will require site plan review pursuant to Article VII.

 

 

 

ARTICLE V

 

GENERAL REGULATIONS

 

Section 5 - 1 Applicability

 

In all zoning districts, the following regulations and standards shall apply whether the use is permitted by right or upon site plan approval. These standards and regulations must be reviewed as part of the zoning permit approval process.

 

If a particular use requiring site plan approval is not in­cluded in the use-specific listing, reference can be made to standards for a listed use that is determined to be similar.

 

 

Section 5 - 2 Corner Lots

 

In the case of a corner lot, yards on each street shall be con­sidered to be front yards and must meet the front yard regulations for the respective district.

 

 

Section 5 - 3 Fences and Walls

 

Fences and walls are acceptable in all districts subject to any required site plan approval and the following regulations. Other regulations may apply to specific uses. See Article VI, Specific Use Regulations, and Article VII, 7-3, D.

 

A.    Materials shall be wood, cast iron or native fieldstone;

 

      1.    An inconspicuous wire mesh may be attached to the inside of a fence for the purpose of Containing animals or children.

 

      2.    Chain link fencing is permitted for swimming pool enclosures.

 

B.    Height shall not exceed four (4) feet in the front yard, of any building, nor six (6) feet elsewhere.

 

      1.    Exception may be made for enclosure of a utility site, swimming pool, or construction site, or where a residential use abuts a commercial use, but not exceeding six (6) feet in any case.

 

C.    In all zoning districts fences over three and on~ half (3 1/2) feet in height above street level are not permitted to be maintained in a triangular area of any corner logs. This area is formed by lines along both streets to points forty (40) feet distant from the intersection and then a line connecting these points.

 

      1.    Fence placement shall not cause a safety or traffic hazard.

 

D.    Poor structural condition shall not cause a safety hazard.

 

Section 5 - 4 Junk Vehicles

 

Junk vehicles shall not be kept in the Village for a period longer than six (6) months unless they are enclosed within a structure or fence and are not visible from any other lot or public way. No more than one junk vehicle shall be permitted in conjunction with any use other than automobile service station.

 

 

Section 5 - 5 Private Roads

 

A.    All streets, or street ways that are constructed by private individuals or enterprise, and which are intended to serve the public as a public thoroughfare shall meet highway and street standards as adopted by resolution ~f the Village Board. Such standards include grade, horizontal curves, right-of-way, width, type of surface, line of sight, tangents, shoulders, driveways, and drainage.

 

B.    All driveways, residential and commercial, that are constructed by private individuals or enterprise shall con­form to the policies and standards contained in New York State Dept. of Transportation's, "Policy and Standards, For Entrances to State Highways", published and adopted in 1983.

 

 

Section 5 - 6 Required Parking Spaces by Use

 

A.    All uses in every district shall meet the following off-street, non-municipal, parking space requirements. Uses may have off-street, off-site, non-municipal parking, but only within, the Business District. Non-conforming uses (with respect to parking) may change to other uses without meeting all the requirements of this section if the Planning Board grants approval under Subsection E of this section.

           

                  Use                     Required number of Parking Spaces

 

      1.    Drive-In Services             Stacking lanes adequate for 5

            vehicles per service window plus spaces as per underlying use.                                             vehicles per service window plus                                              spaces as per underlying use.

 

2.    Religious Institutions        1 for each 3.5 seats.

 

3.    Motel/Hotel and Tourist Home  .75 for each sleeping or dwelling

room.

 

4.    Light Industrial              1 for each employee at maximum

working shift.

 

5.    Restaurants, Bars             1 for each 70 sq. ft. of patron

space excluding kitchen and storerooms.

 

6.    Retail, Small                 No parking spaces for the first

1000 square feet of patron/customer space and 1 for each 200 sq. ft. of floor area.

 

7.    Retail, Large Product         1 for each 400 sq. ft. of floor

area.

 

8.    Offices, General              1 for each 200 sq. ft. of first

floor area, and 1 each per 300 sq. ft. of floor area above.

 

9.    Doctor, Dentist Office        4 per doctor.

 

10.   Dwellings, Mobile Homes       2 per dwelling or mobile home.

 

11.   Home Occupation               1 per 200 sq. ft. of commercial

floor area in addition to spaces required per dwelling.

 

12.   Mortuary Establishment        1 per 100 sq. ft. of floor area.

 

13.   Marina                        .6 spaces per berth or mooring.

 

14.   Roadside Stands               3 minimum.

 

15.   Other places of Public/       1 per 200 sq. ft. of gross floor

Private Assembly              area, or 1 per 3.5 seats, whichever is greater.

 

16.   Recreation: Outdoor           1 per 200 sq. ft. of enclosed

Facilities                    building area plus 1 for each three (3) persons outdoor facilities are designed to accommodate.

 

B.    Parking Space Dimensions:

 

Each parking space shall measure at least 9' x 18', exclusive from necessary space devoted to turning maneuvers, ingress or egress.

 

C.    All required off-site parking lots and areas for all uses except mobile homes and one or two family dwellings, shall be reviewed by the Planning Board pursuant to Article VII, Site Plan Review.

 

D.    Parking Requirements:

     

Notwithstanding the provisions of Section 5-6, "Required Parking Spaces by Use", the following rules shall apply to off-street parking for uses in the Business District:

 

      1.    Existing Uses

 

            a.    Existing uses on the effective date of the Local Law already providing on-site or off-site parking in excess of the requirements of this Section may convert a portion of their existing parking areas to other uses with Site Plan approval.

 

b.    Existing uses on the effective date of this Local Law that do not comply with this Section shall be exempt from its provisions.  If such uses are expanded, they shall be required to comply with all provisions.

 

2.    Required off-street parking requirements may be satisfied in one or more of the following ways:

 

a.                Parking in spaces on properties within or contiguous to the Business District on premises that are owned or controlled by the owner or operator of the establishment, or available on a leased or shared-use basis, provided that adequate proof of such lease or shared-use is submitted.  The provision of off site parking spaces shall be documented by appropriate legal instruments satisfactory to the Planning Board and its attorney, showing ownership, lease, or joint use agreements for parking lots.  Site Plans approved on the bases of such legal agreements shall be conditioned upon their continuation, which must be verified annually to the Zoning Officer between January 1 and March 31.

 

b.                Subject to a written agreement with the Board of Trustees dedication or long-term lease of portion of a lot to the Village for municipal parking purposes.  Land dedicated for parking shall be treated as part of the original lot for purposes of calculating minimum lot size and required setbacks from property lines.

 

E.    Relief from Parking Requirements

 

The number of parking spaces required may be reduced by the Planning Board based upon one or more of the following considerations.  Any decision to reduce parking requirements shall include written findings indicating the basis for such reduction.  Criteria to consider in reducing parking requirements shall include:

 

1.    The maximum number of vehicles that would be driven to the use at times of peak usage.

 

2.    If the building includes mixed uses, the potential for sharing parking spaces among different uses in the building.

 

3.    The size of the structure(s) and the site, and physical limitations of the site.

 

4.    The historic importance and sensitivity of the site.

 

5.                The availability of on-street parking.

 

6.                The availability of municipal off-street parking within the District of the proposed use.

 

7.                Hardship to the owner or operator in securing off-street parking.

 

8.                Contribution of the proposed use to increasing economic diversity in the Community

 

F.    Super-session of Village Law

 

      It is the intent of the Village to allow the Planning Board to grant relief from parking requirements based on sound planning considerations as provided in this Section, notwithstanding provisions as provided of the Village Law requiring that such relief be provided by the Zoning Board of Appeals.  In the event that any portion of Section 5-6 is inconsistent with Village Law, in particular with Village Law Section 7-712, 7-712-a, 7-712-b, 7-725-a(3), 7-725-b(3) and 7-30(6), it is hereby declared to be the intention to supersede those sections of Village Law with which this Local Law may be inconsistent, using super-session powers under Article 2, of the Municipal Home Rule Law.  It is the intention of this Local Law for the Planning Board to have sole and exclusive jurisdiction in varying the requirements contained in this Section 5-6.

 

 

Section 5 - 7 Signs.

 

A.    Exempt Signs

 

The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with Subsection 5-7(C) and with all other requirements of this local law.  As used in this Subsection (A), the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.  Within the Historic Overlay District, this exemption shall apply only to temporary signs and to those permanent signs listed in Subsections 1 (a) and 1 (c) below.

 

1.    Permanent Signs

 

(a)   Signs not exceeding one square foot in area and bearing only property numbers, postal route numbers, or names of occupants of premises.

 

      (b)   Subdivision or Multiple Dwelling Project Name Signs. One non-illuminated sign not to exceed twenty (20) square feet in area per exclusive entrance to a subdivision or Multiple Dwelling Project, such signs restricted to the subdivision or Project name.

 

      (c)   Flags and insignia of any government, except when displayed in connection with commercial promotion.

 

      (d)   Public Information Signs. Signs providing non-commercial information to the public, whether installed by commercial or non-commercial entities, including community service information signs, public utility information signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historic points of interest, traffic control signs, directional parking signs, and all signs erected by a public officer in the performance of a public duty.

 

      (e)   One on-premise sign, either free-standing or attached, in connection with any residential building, for permitted professional offices or home occupations, not exceeding four (4) square feet and set back at least ten (10) feet from the highway right-of-way.  Such signs shall state name and occupation only. Illumination shall not produce a direct glare beyond the property line.

 

      (f)   One sign or bulletin board per street-front, not exceeding twenty (20) square feet in area per side, setting forth the name of any public, non-commercial, charitable, or religious institution when located on the premises of such institution.

 

2.    Temporary Signs

 

(a)   Temporary non-illuminated "For Sale" or "For Rent" real estate signs and signs for similar nature, concerning the premises upon which the sign is located. For residential uses, one sign per lot, not exceeding six (6) square feet per side.  For business or industrial uses, one sign per lot, not exceeding twelve (12) square feet, set back at least fifteen (15) feet from all property lines.  All such signs shall be removed within three (3) days after closing of the sale, lease, or rental of the premises.

 

      (b)   Temporary, non-illuminated window signs and posters not exceeding twenty-five (25) percent of the window surface, for not more than thirty (30) days in any one-year period (except for political signs, as provided in Subsection (e)).

 

      (c)   One temporary sign for a street side stand selling agricultural produce grown on the premises in season, providing that such sign not exceed twenty-four (24) square feet and be set back at least ten (i0) .feet from the public right-of-way.

 

      (d)   Private-owner merchandise sale signs for garage Sales and auctions, not exceeding four (4) square feet for a period not exceeding seven (7) days.

 

      (e)   Political posters, banners, promotional devices and similar signs, not exceeding four (4) square feet in the residential districts nor sixteen (16) square feet in the business districts, providing:

 

            (1)   Placement shall not exceed thirty (30) days, and a period of eleven (11) months shall elapse between the last day of one period of showing and the first day o[ the next.

 

            (2)   The names and addresses of the sponsor and/or the person responsible for removal are identified on the sign.

 

      (f)   One sign, not exceeding six (6) square feet in the residential districts or sixteen (16) square feet in the business districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress.

 

      (g)   Special Event Signs. Signs, portable or otherwise, advertising special events for non-profit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall no~ be displayed for more than thirty (30) days.

 

B.    Prohibited Signs

 

      1.    No off-premises signs shall be allowed other than as permitted under the Exempt Signs provision of this Article.

 

      2.    No sign shall be illuminated internally or contain flashing, intermittent, rotating or moving lights

 

      3.    All portable signs and signs with moveable letters, other than those allowed to advertise special events for nonprofit organizations.

 

      4.    No permanent sign or part thereof shall contain or consist of any banner, pennant, ribbon, streamer, spinner or other similar moving, fluttering, or revolving device. The said devices, as well as strings of lights, shall not be used for advertising or attracting attention whether or not they are part of the sign. No sign or part thereof may rotate or move back and forth.

 

C.    General Regulations

 

      Signs regulated in this section require zoning permits.

 

      1.    All signs shall be limited in wording and-graphics to the name and/or logo of the establishment and its principal service or purpose.

 

      2.    All signs shall be erected and constructed in a fashion so as not to obstruct traffic, cause visual blight, nor detract from the value of property adjacent to that property upon which said sign is erected. All signs shall be compatible within the context of its visual and physical environment. In making such determination consideration shall be given, but need not be limited to, the following elements: size, materials, illumina­tion, location, message content.

 

      3.    Signs on or adjacent to properties with historic structures, other than those exempted under this Section shall be allowed to the extent that they:

 

            (a)   Are congruous with the style, materials, size and location of the building to which they are either attached to or made a part of. All signs should be designed to use framing and support materials which are in keeping with those of the structure, site or area. No property's signs shall exceed a total area of twenty (20) square feet;

 

            (b)   Applications for permits for new signs or proposed changes in existing signs shall include a scale drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing location of the building or property.

 

      4.    No permanent signs shall be placed, painted or drawn on trees, works of natural features on the site, or on utility poles, bridges, culverts, or similar structures.

 

      5.    All signs, together with their surfaces shall be kept in good repair. The display surfaces shall be kept neatly painted at all times.

 

      6.    Within business (and commercial) districts there shall be no more than one square foot of sign area per lineal foot of building frontage. Projecting signs shall no­where exceed twenty (20) square feet, and shall hang at a height not lower than ten (i0) feet, and not higher than sixteen (16) feet, above the sidewalk or public right-of-way.

 

Section 5 - 8 Unsafe Buildings

 

Buildings classified as unsafe by the Village Board under the Section on Unsafe Buildings, State Health, or Uniform Fire Prevention and Building Code regulations shall be improved to remedy such conditions.

 

Section 5 - 9 Shoreline Lots

 

For shoreline property, the yard along the shoreline shall be considered the front yard and the setback shall be determined by the established one hundred year flood elevation, or erosion protective structure.

 

The yard along the street or street way shall be considered the rear yard.

 

A.    Yards must be a minimum of either:

 

1.    The minimum yard permitted in the district; or

 

      2.    The average of the distance from the mean high water mark to the building line of the two nearest principal buildings; whichever is less.

 

B.    Waterfront construction shall adhere to the local law (No. 4, 1985) regulating flood hazard zone construction.

 

 

ARTICLE VI

 

SPECIFIC USE REGULATIONS

 

 

Section 6 - 1 Animal‑Hospital

 

A.    Adjacent properties shall not be adversely impacted by noise, odors, or unsightly appearance of the use.

 

B.    All buildings including accessory use areas, except off-street parking, shall be at least two-hundred (200) feet from any residential property line, and at least fifty (50) feet from other property lines.

 

C.    Such facilities will not contain outdoor dog runs, nor crematory facilities.

 

 

Section 6 - 2 Automobile Service

 

A.    All automobile service stations, and their fuel pumps shall be arranged so all services on the premises are no closer than forty (40) feet to the street line. No gasoline pump shall be closer than fifty (50) feet to any side property line.

 

B.    Junk vehicles, waste, and servicing materials shall be stores within a structure or enclosed within fencing so it is not visible from off the property. No more than 4 junk vehicles shall be permitted.

 

C.    Underground tanks shall not be less than fifty (50) feet from the property line, unless otherwise approved by the Planning Board.

 

D.    Entrance and exit driveways shall be located at least five (5) feet from any side or rear property line.

 

E.    There shall be no above-ground fuel storage over 200 gallons-combined capacity.

 

F.    Major body work and p