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 painting are not permitted under this
      use.

 

 

Section 6 - 3 Institutional Uses

 

A.    Such uses shall be in keeping with the character of the neighborhood.

 

B.    Interior thoroughfares shall be arranged to ensure public safety, for neighboring residential areas. Screening (fence, hedge, etc.) may be necessary to eliminate such conditions.

 

 

Section 6 - 4 Marina

 

A.    All such facilities ~hall provide trash receptacles at waterside, at the ratio of one per 20 berths, or boat moorings.

 

B.    Any facility which dispenses marine fuels or lubricants on a commercial, retail Or individual basis shall utilize a separate dock, shore station Or other installation for that purpose in order to minimize hazards of explosion, fire and spills into estuarine, littoral or riparian waters.

 

 

Section 6 - 5 Home Occupation

 

A.    General Requirements

 

      No home occupation shall be permitted that:

 

      1.    Changes the outside appearance of the dwelling or is visible from the street (with the exception of permitted signs);

 

      2.    Generates traffic or parking, sewerage or water in excess of what is normal in the residential neighborhood;

 

      3.    Creates a hazard to person or property, results in electrical interference, or becomes a nuisance;

 

4.    Results in outside storage or display of anything.

 

B.    Permitted Home Occupations provided they do not violate any of the above requirements:

 

1.    Dressmaking, sewing, and tailoring;

 

2.    Painting, sculpturing, or writing;

 

3.    Telephone answering;

 

      4.    Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;

 

5     Tutoring limited to four students at a time;

 

6.    Home cooking and preserving;

 

7.    Computer programming;

 

8.    Barber shops and beauty parlors;

 

9.    Sales representative with limited supplies;

 

   10.   Real estate agent and/or insurance agent.

 

C.    Prohibited Home Occupations

 

      The following are prohibited as home occupations:

 

      1.    Animal hospitals;

 

      2.    Dancing studios;

 

      3.   Mortuaries;

 

      4.   Private clubs;

 

      5.   Stables or Kennels;

 

      6.    Automobile repair or paint shops.

 

D.    Unlisted Home Occupations

 

Any proposed home occupation that is neither specifically permitted by paragraph 2 nor specifically prohibited by paragraph 3 shall require site plan approval by the Planning Board, and shall be granted or denied upon con­sideration of standards contained in paragraph 1.

 

 

Section 6 - 6 Individual Mobile Homes

 

A.    The following regulations shall apply to mobile homes in districts which permit mobile homes.

 

      1.    To ensure that all mobil6 homes comply with appli­cable Federal Mobile Home Construction and Safety Standards, each mobile home shall have been manu­factured after June 15, 1976.

 

2.    Mobile Home Skirting:

 

            (a)   Each mobile home shall be provided with a skirt to screen space between the mobile home and the ground and to prevent air from cir­culating under the mobile home.

 

            (b)   Such skirts shall be of permanent material similar to that used in the mobile home and providing a finished exterior appearance. Skirts shall be installed within one month of occupancy.

 

      3.    Mobile Home Stand or Foundation

 

            (a)   Each mobile home site shall be provided either with a stand which will give a firm base and adequate support for the mobile home or a permanent masonry foundation.

 

            (b)   A stand shall have a dimension approximately the width and length of the mobile home and any expansions or extensions thereto.

 

            (c)   Well anchored tie-downs shall be provided at least on each corner of the stand.

 

            (d)   Stands shall be a minimum of four (4) inches of reinforced concrete.

 

      4.    The stand area shall be graded to ensure adequate drain­age but in no event shall the difference in grade exceed six (6) inches from one end of the stand to the other.

 

      5.    Each mobile home shall have a minimum gross floor area of 650 square feet.

 

 

Section 6 - 7 Single Family Dwellings

 

A.    All single family dwellings shall meet the following standards.

 

      1.    The minimum roof pitch shall be a minimum of 2 1/2 ft. rise over 12 ft. run.

 

      2.    The roof and exterior walls shall have a traditional site-built appearance.

 

      3.    A Single Family Dwelling that is transported to its site shall also meet the minimum requirements of Section 6-6.

 

 

Section 6 - 8 Mobile Home Park

 

A.    All mobile homes shall meet the regulations for individual mobile homes.

 

B.    The owner or designated agent shall be responsible for proper maintenance of the mobile home park.

 

C.    A mobile home park shall have an area of not less than five (5) acres, and no mobile home or service building shall be closer than one hundred (100) feet to a street line or fifty (50) feet to any property line.

 

D.    The park site must be well-drained, property graded to insure adequate drainage.

 

E.    The street entrances must be at least twenty-four (24) feet wide, and the street way constructed of all-weather materials, as specified by the Village.

 

F.    At least two (2) independent entrances and access streets shall be required to serve any mobile home park having twenty (20) or more mobile homes.

 

G.    The total number of mobile home lots shall not exceed four (4) per gross acre and no mobile home may be closer than thirty (30) feet to any other mobile home.

 

H.    Side and rear property lines shall be densely planted with trees and shrubs.

 

I.    Mobile home parks with 25 or more mobile homes shall provide at least one recreation area consisting of at least ten percent of the gross site area of the park.

 

J.    Refuse shall be disposed of in a manner acceptable to the Village and appropriate State agencies. There shall be no on-lot exposed garbage or waste.

 

K.    Park streets and walkways shall be lighted to ensure safety for residents.

 

L.    The park shall be landscaped, graded and seeded.

 

M.    There shall be a minimum of two off-street parking spaces for each mobile home.

 

N.    All fuel tanks shall be adequately screened from view.

 

O     All utilities within the park shall be buried underground.

 

 

Section 6 - 9 Motels/Hotels

 

A.    Where adjacent land use is residential, screening and buffer zones may be needed to reduce noise, dust, and visibility. Landscaping shall be provided along all walks, streets and around recreation areas.

 

B.    A minimum of twenty-five (25) percent of the site shall be developed as open space. Parking areas and vehicle access facilities shall not be calculated as open space.

 

C.    Such uses shall have a minimum area of one-hundred and fifty (150) square feet of rentable space for each unit, exclusive of bathroom facilities. Each rental unit shall include a minimum of one (1) bedroom and bathroom, containing a toilet, sink and tub or shower

 

 

Section 6 - 10 Light Industrial Operation

 

A.    Such uses shall not produce exterior noise levels exceeding 75 dcb at the lot line, cause erosion or drainage problems, or high volumes of polluting wastes. All handling of wastes must be in conformance with New York State Department of Environmental Conservation regulations. The Board may specify conditions to alleviate conditions related to the above.

 

B.    Any manufacturing, fabricating, or servicing related to the operation must take place within a building designed to accommodate the use.

 

C.    Materials used in the operation stored outside the building accommodating the use must be enclosed by a fence at least five (5) feet in height. The storage area shall not be larger than the square footage of the first floor of the principal building.

 

D.    The use shall be at least two hundred (200) feet from the nearest residential property line.

 

E.    All Village water and sewer connections shall be made prior to operation, and according to specifications Set forth by the Village Board.

 

F.    Landscaping shall include adequate vegetative ground cover to eliminate erosion. Trees shall be retained where possible.

 

 

Section 6 - 11 Multi-Family Dwellings

 

A.    Traffic access shall conform to N.Y.S. D.O.T. standards.

 

B.    Arrangement of Buildings

 

      1.    Building arrangement shall provide adequate light, air, access, and privacy.

 

      2.    Each dwelling unit shall have a minimum of two (2) exterior exposures.

 

      3.    The front or rear of any building shall not be closer than forty (40) feet to the front or rear of any other building.

 

      4.    The side of any building shall not be closer than thirty (30) feet to the side, front, or rear of any other building.

 

C.    Landscaping

 

      1.    Within one (1) month of construction, or at least by September 1, the bare ground must be seeded. If this is impossible, the ground must be mulched before winter to prevent erosion.

 

      2.    The Planning Board may require buffer zones and screening to reduce noise, dust, disturbances, etc.

 

D.    Recreation Space

 

      1.    All residential development shall provide recreational areas in the form of mini-parks, equaling 108 sq. ft. per person expected to reside in the development. Occupancy will be calculated per bedroom, according to the following table:

 

      1 BR - 1.4 persons

      2 BR - 2.2 persons

      3 BR - 3.2 persons

      4 BR - 4 persons

 

A common recreation area(s) shall be provided on the site for use by residents. The area of the recreation space shall not be less than fifteen (15) percent of the total area of the development served. The Planning Board-shall have the authority to require specific recreational facilities in the Site Plan Review Process.

 

E.    Lighting

 

Adequate exterior lighting shall be provided in parking and walk areas, and areas adjacent to dwellings, to reduce safety hazards.

 

F.    Central trash/refuse receptacle shall be screened to the satisfaction of the Planning Board.

 

G.    Gross Density - 6 dwelling units per acre.

 

 

Section 6 - 12 Public Utility

 

A.    The location, design, and operation shall not adversely
      affect the character of the surrounding area.

 

B.    A fence, at least six (6) feet in height, shall adequately enclose the area, unless the Planning Board is satisfied with an alternative screening and safety plan.

 

C.    Such uses shall be at least one hundred and fifty (150) feet from any residential lot line.

 

 

Section 6 - 13 Recreation, Outdoor

 

A.    The use shall be at least fifty (50) feet from any lot or street line.

 

B.    If it is a commercial and intended to serve a mem­bership or clientele greater than twenty-five (25) people on a regular basis, the use shall not be closer than one hundred (i00) feet to a residential lot line.

 

C.    A commercial use must be adequately screened to reduce light, noise and dust, when the use is adjacent to a residential lot. Screening may include fencing or hedges of .appropriate density.

 

 

Section 6 - 14 Retail, Large

 

A.   The use shall be located at least fifty (50) feet from any residential lot line.

 

B.   When within two hundred (200) feet of a residential structure, all operations shall be screened by a fence or hedge to block visibility from adjacent property.

 

C.   The use shall not cause electrical disturbances that disrupt communications receptions, noise, lighting glare, or odor that is objectionable or harmful to the neighborhood.

 

D.   Such operations that have service facilities for the same equipment shall meet the requirements for automobile service stations in this Section.

 

 

Section 6- 15 Satellite Dish

 

A.    All dishes shall be located unobtrusively and not obstruct a neighbor's view, and shall not exceed maximum building heights.                                           

 

B.    All ground dishes shall be located at least twenty-five (25) feet from any structure, measured from the base.

 

C.    All ground dishes shall be mounted according to manufacturer's instructions.

 

D.    No part of the arc of movement of the unit may fall closer than 5 ft. from a property line.

 

E.    All cables from the unit shall be buried underground.

 

F.    No satellite dish shall be located in the front or side yards.

 

 

Section 6 - 16 Swimming Pools

 

A.    Swimming pools must be located within a required side or rear yard, and not closer than ten (i0) feet to a lot line.

 

B.    In the Residential and Business Districts a fence shall enclose the entire structure, to prevent unauthorized entrance. (This shall not apply to above-ground pools which have attached fences and restraining devices).

 

 

Section 6 - 17 Tourist Home

 

Tb maintain the residential character of those areas that permit tourist homes, such facilities shall be allowed only in structures existing at the time of this laws' passage.

 

 

Section 6 - 18 Horse Stable

 

A.    Fences to contain horses shall conform to the requirements of Section 5-3 of this law.

 

B.    Accessory Structures (barns, riding corrals) shall be located at least 75 feet from side or rear lot lines.

 

C.    A minimum lot size of 5 acres shall be required for a horse stable.

 

D.    The disposal of manure shall be arranged to the satis­faction of the Planning Board. Such disposal shall be arranged to minimize odors.

 

ARTICLE VII

 

SITE PLAN REVIEW

 

 

Section 7 - 0 Purpose and Scope

 

A.    The purpose of the site plan review procedure is to allow the Planning Board to attach reasonable safeguards and conditions to those uses which might otherwise produce deleterious effects on the environment, neighborhood character, or the Village resident's health, safety and welfare. Furthermore, it is the purpose of the site plan review procedure to authorize the Planning Board to disapprove a plan for any use, the deleterious effects of which cannot be mitigated because of the particular site it is to occupy.

 

B.    In addition to the regulations which apply to permitted uses in each district, site plan review uses shall be controlled by the regulations in this Article.  In the event of conflicting regulations, the regulations in this Article shall apply to site plan review uses.

 

C.    No zoning permit shall be issued for any such use until it has been granted site plan approval by the Planning Board.

 

D.    The Planning Board shall review and approve, approve with conditions, or disapprove site plan review applications for all uses which require site plan review under the terms of this law.

 

 

Section 7 - 1 Application for Site Plan Review

 

A.    * All applications for site plan review shall be submitted to the Village Clerk at least fourteen (14) days prior to a regularly scheduled Planning Board Meeting.  All applications for site plan review submitted to the Village Clear less than fourteen (14) days prior to a regularly scheduled Planning Board meeting shall be processed for the next following regularly scheduled Planning Board meeting.  Upon receipt of an application for site plan review, the Village Clerk shall notify the Chairman of the Planning Board of the application, who shall promptly review the application for completeness under this Article.  If the Chairman of the Planning Board believes that the application is complete enough that the Planning Board would accept the application as complete as required by this Article and there is sufficient time for publication of all required legal notices for a public hearing on the site plans, then the Chairman of the Planning Board shall cause to be published and posted all required notices for a public hearing and refer the application to the Jefferson County Planning Board when the site plan is subject to the review requirements for Section 239-m of the General Municipal Law.  If the Chairman of the Planning Board believes the application is incomplete and would not be accepted as complete by the Planning Board, he shall forthwith notify the applicant of the deficiencies in the application.  If the applicant does not supply the missing materials, information or otherwise correct the deficiencies in the application, the Chairman of the Planning Board shall forward the application to the Planning Board for determination of completeness of the application at the first available Planning Board meeting.  In the absence or inability of the Chairman of the Planning Board, the Zoning Officer shall perform the foregoing duties.

 

B.    Pre-submission Conference: If the applicant files a requests with the Village Clerk fourteen (14) days prior to a regularly scheduled Planning Board meeting, a pre-submission conference between the applicant and the Planning Board shall be held to review the proposed development in light of existing conditions and to generally determine the information to be required on the site plan. At the conference the applicant shall provide a statement and a rough sketch describing what is proposed and showing the location of the tract and its relationship to surrounding area.

 

C.    Application Requirements: The Planning Board may require at the pre-submission conference that any or all of the following elements be included in the site plan review application. If no pre-submission conference is held, then all of the following elements shall be included in the site plan review application.

 

      1.    Name and address of applicant and owner, if different, and of the person responsible for preparation of such drawings;

 

      2.    Site map(s) bearing date, north point, written and graphic scale;

 

      3.    Boundaries of the area plotted to scale, including distances, bearings, and areas;

 

      4.    Location and ownership of all adjacent lands as shown on the latest tax records;

 

      5.    Location, name, and existing width and right-of-way of adjacent streets;

 

      6.    Location, width, and purpose of all existing and pro­posed easements, setbacks, reservations, and areas dedicated to public use on/or adjoining the property;

 

      7.    Location, size, design of the following: existing and proposed buildings, driveways, parking, outdoor storage, sidewalks or pedestrian paths, drainage facilities, sewage facilities, water facilities, signs, outdoor lighting, landscaping or screening.

 

      8.    Plans for controlling soil erosion and sedimentation during the development.

 

      9.    Plans for grading and drainage showing existing and proposed contours of five foot intervals;

 

      10.   Designation of the amount of gross floor area and gross lease able area proposed for each non-residential use;

 

      11.   A Long Form Environmental Assessment Form (EAF).

 

      12.   Other elements integral to the proposed development as considered necessary by the Planning Board including identification of any federal, state, or county permits required for the projects execution.

 

 

      13.   All applicants shall deposit with the Village Clerk sufficient security to cover the anticipated admini­strative expenses of the Village as provided in Section 9 - 1 of this local law.

 

D.    Once a completed application has been formally received and accepted by the Planning Board, the Board shall have a maximum of one hundred twenty 120 days (from the date of receipt) to review and approve, approve with conditions, or disapprove the proposal.

 

E.    Within sixty (60) days from the date the Planning Board has received and accepted the completed application, a public hearing shall be held on the proposal to entertain public comment. At least five (5) days advance public notice of the hearing shall be published in the official newspaper.

 

F.    The final decision by the Planning Board must be made within 60 days following the hearing, in writing, specifying any conditions that may be attached to an approval, the reasons that the Planning Board approved or denied the proposal and the motions/vote by the Zoning Board members. All decisions shall be filed in the Office of the Village Clerk and a Copy mailed to the applicant.

 

G.    A Site Plan Approval is valid for one (1) year. Applicants are required to resubmit site plan applications for review after the one-year deadline, unless significant progress has been made on the development's site.

 

H.    The Planning Board shall refer all site plan review applica­tions that fall within those areas specified under General Municipal Law, Article 12 B, Section 239-m to the County Planning Board prior to their final vote thereon. All filing provisions of General Municipal Law, Article 12 B, Section 239-m shall be adhered to.

 

* Amended in Local Law #2 of the year 2000.

 

 

Section 7 - 2 General Review Criteria

 

The Planning Board's review of the site plan review application shall include, where appropriate the following considerations:

 

A.    Status of any federal, state, or county permits required.

 

B.    Environmental (including physical, social and economic factors) impact on community and adjacent areas.

 

C.    Compatibility with the General Plan.

 

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

 

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

 

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

 

G.    Adequacy and arrangement of pedestrian traffic access and circulation, walkway structure, control of intersections with vehicular traffic and overall pedestrian convenience.

 

H.    Adequacy of storm water and drainage facilities.

 

I.    Adequacy of water supply and sewage disposal facilities.

 

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

 

K.    Proposed developments aesthetic compatibility with existing neighborhood and the community at large, as well as quali­tative comparability.

     

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

 

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

 

N.    Conformance with all other provisions of this law.

 

O.    Location, arrangement and design of any ventilation or exhaust
      device, or other heat, moisture, or odor producing process
      or use.

 

 

Section 7 - 3 Historic Criteria

 

Activities regulated by the Historic Preservation Overlay District shall also be reviewed according to the following criteria by the Historic Review. Board, prior to the Planning Board's ruling under Sections 7-1; 7-2 of this law.

 

A.    Demolition

 

Approval to demolish an historic structure may be granted provided it has been demonstrated with careful documentation that at least one of the following condi­tions exist:

 

      1.    Such building is incompatible with the historic district in which it is located.

 

      2.    Its condition constitutes a hazard to the public health, safety or general welfare;

 

      3.    Its condition has deteriorated beyond any economically feasible preservation alternative as determined by a qualified engineer;

 

4.    The property owner can demonstrate that the building is not capable of earning an economic return on its value as appraised by a qualified real estate appraiser.

 

B.    Relocation

 

An historic building or structure may be relocated pr6vided .that it has teen demonstrated:

 

      1.    Relocation is the only remaining alternative to demolition

 

      2.    Relocation is the only means of obtaining a reasonable return on the subject property whereby an unnecessary financial hardship can be avoided.

      3.    Every reasonable effort is taken to:

 

            (a)   Relocate the subject building or structure to another property within the historic-district where historic character and architectural styles would be compatible; and

 

            (b)   Give maximum protection to important architectural features or elements as well as the structural in­tegrity and stability of the subject building or structure during the actual moving.

 

C.    Intrusion

 

Intrusion by new non-historic buildings or substantial alteration of existing non-historic structures may be allowed to the extent that such buildings or structures would not significantly detract from the value and character of the surrounding historic structures or sites by:

 

      1.    Blocking or seriously obscuring the principle view (typically the front) or the otherwise only remaining view of an historic property as seen from a public property or right-of-way, or;         

 

      2.    Constituting such a contrast with the surrounding buildings, structures, sites or area in proportions, architectural style, materials, composition, size, scale or texture that the intrusion or substantial alteration would deter from the otherwise historical appearance of the area.

 

D.    Other Non-Structural Activities

 

The following standards shall apply to all properties within the Historic Preservation District:

 

(a

 

(ii)

 

      1.    Blasting, tunneling, trenching and other excavation, filling and grading shall be allowed on or adjacent to historic properties to the extent that such activities do not threaten historic buildings or structures by subjecting their foundations to heavy vibrations, leaching from poor drainage or stress from undermining, erosion, exposure, or otherwise weakening their load bearing capability.

 

      2.    Regulated paving, fencing, landscaping, and .lighting on or adjacent to properties with historic structures, shall be allowed to the extent that:

 

            (a)   Paving is:

 

                  (i)   Limited to driveway and rear parking areas;

 

                  (ii)  Screened as much as possible by low shrubs, hedges, or other plantings whenever locat6d in the principle view (typically the front) or otherwise only remaining view of the historic structure as seen from a public property or right-of-way;

                  (iii) Undertaken so as to ensure positive drainage away from the foundations of historic buildings or structures;

 

                  (iv)  Oriented to the extent practical that avoids removal of mature trees, hedges or other plantings, benches, walkways, or any other outside features which share the property's history.

 

            (b)   Fence height, type of construction, and growth characteristics of plantings would not block or seriously obscure the principle view or the otherwise only remaining view of an historic structure, site or area as seen from a public property or right-of-way.

 

Fencing on or adjacent to historic properties should be of materials that are in keeping with the historical structure, site or area.

 

Fencing shall also be regulated according to Article V, Section 5-3 of this Law.

 

            (c)   Lighting which is necessary for security and safety while avoiding intensity or glare uncharacteristic of the era from which the structure, site or area takes its historical significance.

 

                  Whenever practical, lighting fixtures for historic properties should be compatible with the historic character of the surrounding area.

 

      3.    Regulated signs on or adjacent to properties with historic structures, shall be regulated according to the provisions of Article V, Section 5-7-C.3 of this Law.

 

E.    General

 

      Guidelines For Design Review:

 

The Secretary of the Interior's Standards for Historic Preservation Project are hereby incorporated into this Article.

 

In addition, the following guidelines for design review may be used as the basis for the Sackers Harbor Planning Board Site Plan Review in the Sackers Harbor Historic Preserva­tion overlay district. (for reference, see the "Guidelines for Historic Review", available at the village Clerk's Office).

 

      1.    Height - The height of proposed buildings shall be compatible with adjacent buildings. The height of new construction should be no lower than the average height of all buildings on both face blocks. Measurements should be made from street level to the highest point of the roofs.

 

      2.    Width - The width of proposed buildings or additions shall be compatible with adjacent buildings and reflect the characteristic rhythm of facades along the street.

 

      3.    Window Proportions, Size and Placement - the window proportions (height versus width) shall be visually compatible with those of other windows in the same building and in other adjacent historic buildings. Also, the ratio of window area to solid wall should be similar to those on surrounding facades."

 

      4.    Rhythm - The relationship of the building to the open space between it and adjoining buildings shall be visually compatible to others prevailing in the area. Rhythms which carry throughout the block should be in­corporated into new facades.

 

      5.    Directional Emphasis - Alterations shall respect the directional emphasis of the original-building, and new construction shall be related harmoniously to its immediate neighbors. "Directional emphasis"' refers to the basic vertical, horizontal or non-directional design of a building.

 

      6.    Materials - Materials and textures visually compatible with the existing building or adjacent buildings should be used. Many different materials on a single structure or closely-related group of structures can lead to visual confusion and a chaotic appearance. Alterations and new buildings should not stand out if the harmony of a streetscape is to be maintained. Materials which imitate natural materials should be avoided. Imitative materials such as asphalt siding, wood-textured metal siding or artificial stone should not be used. Diagonal and vertical sidings are generally unacceptable.

 

      7.    Roof Forms - The roof pitch employed on a new building or addition should be similar to those found on adjacent buildings. If a gable-type roof, its orientation to the street should be the same as in neighboring buildings. Roofing materials should be harmonious with existing roofing materials in the District, and roof colors should not dominate (dark neutral colors and materials are preferred).

 

      8.    Fences - Traditional fencing materials such as painted picket fences, wrought iron fences, low hedges, or limestone retaining walls are preferred. Chain link fences and high opaque fences shall be avoided in front yards and side yards visible from a public right-of-way. Tall foundation plantings which obscure a building's features should also be avoided.

 

 

 

 

 

 

 

 

Section 7 - 4 Waterfront Criteria

 

All Site Plan Review uses within the Waterfront Overlay District shall also be subject to the following criteria and policies , in addition to those criteria in Sections 7-1, 7-2:

 

A.    The location and arrangement of structures relative to the waterfront; and

 

B.    Conformance with the policies of the Village's Local Water­front Revitalization Program for development proposals within the Village's Waterfront Overlay District = (WOD):

 

Applicable policies of the Sackers Harbor Local Waterfront Revitalization Program, as further explained and described in the Sackets Harbor Local Waterfront Revitalization Program Document, dated May 22, 1986 which is also hereby adopted as part of the site plan review criteria by reference, a copy of which is on file in the Village Clerk's Office and available for inspection during normal business hours:

 

      Applicable Policies of the Sackers Harbor Local Waterfront

 

      Revitalization Program:

 

1.    Development Policies:

 

Policy 1A - Restore, revitalize and redevelop the core area for

commercial, cultural, residential, recreational, and other compatible uses.

 

Policy 1B - Support the unified development of the Madison

      Barracks complex.

 

Policy 1C - Maintain and improve publicly-owned lands and

buildings to improve the atmosphere for private investments.

 

Policy 1D - Promote the maintenance and improvement of housing

            stock throughout the village water­front area.

 

Policy 2 - Facilitate the sighting of water-dependent uses and

            facilities on or adjacent to coastal waters.

 

Policy 2A - Encourage development of the core area harbor-front

in accordance with a unified harbor front development and harbor management plan.

 

Policy 4-   Strengthen the economic base of smaller har­bor areas

by encouraging the development and enhancement of those traditional uses and activities, which have provided such areas with their unique maritime identity.

 

Policy 5-   Encourage the location of development in areas where

public services and facilities essential to such development are adequate

 

Policy 5A - Encourage compatible development to. locate in the

historic village core area where public facilities are adequate.

 

Policy 5B - Encourage development which would not be suitable in

the historic area to locate southwest of the core area, in close proximity to streets, sewer lines, and water supply.

 

Policy 6A - Expedite permit procedures in the harbor area by

conformance to a memorandum of understanding between the Army Corps of Engineers, the New York State Department of Environmental Conser­vation, and the Village of Sackers Harbor.

 

2.    Fish and Wildlife Policies:

 

            Policy 8 - Protect fish and wildlife resources in the coastal

area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sub-lethal or lethal effects on those resources.

 

Policy 9 - Expand recreational use of fish and wildlife

resources in coastal areas by increasing access to existing resources, supplementing existing stocks and developing new resources. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them.

 

      3.    Flooding and Erosion Hazards Policies:

 

Policy 11 - Buildings and other structures will be sited in the

coastal areas so as to minimize damage to property and the danger to human lives caused by flooding and erosion.

 

Policy 13 - The construction or reconstruction of erosion

protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs.

 

Policy 14 - Activities and development including the con­struction

or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations.

 

Policy 16 - Public funds shall only be used for erosion

protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features.

 

Policy 17 - Whenever possible, use nonstructural measures to

minimize damage to natural resources and property from flooding and erosion. Such measures shall include: (i) the set back of buildings and structures; (ii) the planting of vegetation and the installation of sand fencing and draining; (iii) the reshaping of bluffs; and (iv)the flood proofing of buildings or their elevation above the base flood level.

 

4.    General Policy:

 

Policy 18A - To enhance and protect the cultural resources and

shoreline environment of the Village of Sackets harbor which contribute to social, environmental, and economic interests, proposed major actions in the local waterfront area must give full consideration to the areas valuable coastal resources and the local safeguards established to protect such resources.

 

5.    Public Access Policies

 

Policy 19 - Protect, maintain and increase the levels and types

of access to public water-related recreation resources and facilities so that these resources and facilities may be fully utilized by all the public in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority shall be given to public beaches, boating facilities, fishing areas and waterfront parks.

 

Policy 20 - Access to the publicly owned foreshore and to lands

immediately adjacent to the foreshore or the waters edge that are publicly owned shall be provided, and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in public ownership.

 

      6.    Recreation Policies:

 

Policy 21 - Water-dependent and water-enhanced recreation shall

be encouraged and facilitated and shall be given priority over non-water related uses along the coast, provided it is consistent with the preservation and enhancement of other coastal resources and takes, into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is severely restricted by existing development.

 

Policy 22 - Development, when located adjacent to the shore,

shall provide for water-related recreation, as a multiple use, whenever such recreational use is appropriate in light of reasonably anticipated demand for such activities and the primary purpose of the development.

 

Policy 22A - Redevelopment and new development in the Village core

and Madison Barracks will provide for water-related recreation and both active and passive public access to the shoreline as a multiple use when such multiple use is compatible with the purposes of the develop­ment or redevelopment.

 

7.    Historic and Scenic Resources Policies:

 

Policy 23 - Protect, enhance and restore structures, districts,

areas or sites that are of significance in the history, architecture, archaeology or culture of the state, its communities or the nation.

 

Policy 25A - Protect and enhance locally significant vistas to and

from the harbor area and the bluffs at the Battlefield State Park and Madison Barracks.

 

Policy 25B - Improve and protect visual quality in the Village

core area and Madison Barracks, particularly with regard to the 19th century character, military heritage and coastal ambiance.

 

      8.    Agricultural Lands Policy:

 

Policy 26 - To conserve and protect agricultural lands in the

State's coastal area, an action shall not result in a loss nor impair the productivity of important agricultural lands, as identified on the coastal area map, if that loss or impairment would adversely affect the viability of agriculture in an agricultural district or, if there is no agricultural district, in the area surrounding such lands.

 

9.    Water and Air Resources Policies:

 

Policy 30 - Municipal, industrial, and commercial discharge of

pollutants, including but not limited to, toxic and hazardous substances, into coastal water will conform to state and national water quality standards.

 

Policy 32 - Encourage the use of alternative or innovative

sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities.

 

Policy 33 - Best management practices will be used to ensure the

control of storm water runoff and combined sewer overflows draining into coastal waters.

 

Policy 34 - Discharge of waste materials from vessels into

coastal waters will be limited so as to protect significant fish and wildlife habitats, recreational areas, and water supply areas.

 

Policy 35 - Dredging and dredge spoil disposal in coastal waters

will be undertaken in a manner that meets existing state dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands.

 

Policy 36 - Activities related to the shipment and storage of

petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur.

 

Policy 37 - Best management practices will be utilized to~

minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters.

 

Policy 38 - The quality and quantity 6f surface water and

groundwater supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply.

 

Policy 39 - The transport, storage, treatment, and disposal of

solid wastes, particularly hazardous wastes, within coastal, areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands, and scenic resources.

 

 

Section 7 - 5 Reasonable Conditions

 

The reasonable safeguards and conditions that the Planning Board may attach to any site plan may include, but not be limited to, approval of any required Federal, State or county permits; redesigned or additional building access, parking, pedestrian path location or arrangement; additional landscaping or screening; intersection improvement or traffic controls; and redesigned or additional facilities for drainage, water provision and sewage disposal.

 

 

Section 7 - 6 Guarantees For Installation and Maintenance of Improvements

 

A.    Installation Guarantee

 

In order that the Village has the assurance that the con­struction and installation of such improvements as storm sewer, water supply, sewage disposal, landscaping, street signs, sidewalks, parking, access facilities, and street surfacing will be constructed, the Planning Board shall require that the applicant complete said improvements before final approval is granted or that the applicant: shall enter into one of the following agreements with the Village.

 

      1.    Furnish bond executed by a surety company equal to the cost of construction of such improvements as shown on the plans and based on an estimate furnished by the applicant and approved by the Planning Board. Such bond shall require the approval of the Village Board and the Village Attorney as to form, sufficiency, manner of execution and surety.

 

      2.    In lieu of the bond, the applicant may deposit cash, certified check, an irrevocable bank letter of credit, a certificate of deposit, or other forms of financial security acceptable to the Village. Acceptable substitutes, if furnished shall be kept on deposit with the Village for the duration of the bond period.

 

B.    Maintenance Guarantee

 

In order that the Village has the assurance that the improvements mentioned above function properly for a reasonable period, the applicant shall enter into an agreement with the Village upon completion of the work required under the installation guarantee so that:

 

      1.    Such work is guaranteed for a minimum of two (2) years after it is completed and inspected;

 

      2.    Such work is guaranteed for a minimum of ten (10) percent of the total improvement costs or $5,000, whichever is greater.

 

A maintenance bond shall be the preferred guarantee, but other methods are permitted, provided they are acceptable to the Village Attorney and the Village Board.

 

 

C.    Acceptance of Road and Facilities

 

The applicant shall furnish as-built surveys prior to the acceptance of any dedicated improvements. Such surveys shall be furnished to the Village at the conclusion of each phase of development.

 

When the Village Highway Engineer and the Zoning Officer, following final inspection of the improvements, certify to the Village Board that all installation and improvements have been completed in accordance with the contract, the Village Board may, by resolution, proceed to accept the facilities for which bond has been posted or check deposited.


ARTICLE VIII

 

NONCONFORMITIES

 

 

Section 8 - 0 General

 

A.    A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Law.

 

B.    A nonconforming use that has ceased for a consecutive period of twelve months or 24 months in 36 may not be resumed.

 

C.    Nothing under the provisions of this local law shall prevent the repair, restoration, or reconstruction of a nonconforming structure provided that its owner or owners can demonstrate to the Zoning Officer that construction, erection or location of a conforming structure is physically impractical due to the size, configuration or condition of the lot. In addition, the owner must demonstrate that such repair, restoration, or reconstruction is undertaken only on the premises and to the extent previously occupied by the non-conforming structure.                             

 

If the repairs are necessary due to fire, flood, or other disaster, rather than the general aging of the structure, the owner shall repair the structure within 2 years from the date of the disaster.

 

D.    Non-Conforming Lots

 

Any non-conforming lot held under separate ownership prior to the enactment of this local law and having lot width or lot depth or both less than the minimum area requirements set forth in this local law may be developed with any permitted or site plan review use listed for the district in which such nonconforming lot is located without requiring a variance provided that such lot:

 

      1.    Does not adjoin other property held by the same owner where sufficient land could be transferred to eliminate the non-conformity without reducing such other property to non-conforming dimensions.

 

      2.    Has sufficient area, width, and depth to undertake development which will:

 

            (a)   Maintain the required minimum front and rear setback;

 

            (b)   Meet or exceed at least 1/2 of the required minimum side setbacks;

 

            (c)   Not exceed the maximum impervious surface; and

 

      3.    Otherwise satisfies all applicable provisions of this local law.

 

 

Section 8 - l Site Plan Review For Change or Expansion Of A Nonconforming Use or Structure

 

A.    A nonconforming use may be changed to another use which does not conform to the requirements of this law, or a nonconforming use or structure may be expanded if such change or expansion is granted a site plan approval by the Planning Board pursuant to Article VII.

 

B.    The Planning Board shall apply the standards and follow the procedure contained in Article VII, SITE PLAN REVIEW for any application for a site plan approval for a change or expansion of nonconforming use or structure.

 

C.    The Planning Board shall not grant site plan approval for such a change unless it finds that the new or expanded use will be either more comparable with the surrounding neighborhood or more conforming to this law than the existing nonconforming use.

 

D.    In order for the Planning Board to determine that the new or expanded use will be either more comparable with or have no adverse affect on the surrounding neighborhood, .the, Board shall consider the following criteria:

 

1.    Traffic;

 

2.    Number of parking spaces;

 

3.    Noise, dust, or other air pollution, and glare;

 

4.    Percentage of building or lot occupied by the use, and

 

      5.    Amount of outside storage or display of goods.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE IX

 

ADMINISTRATION AND ENFORCEMENT

 

 

Section 9 - 0 Zoning Permits

 

A.    No building or structure shall be erected, enlarged or demolished, or use instituted, until a zoning permit has been issued.

 

B.    When establishing measurements to meet the required front yards and structure setbacks, the measurements shall be taken from the street line, lot line, or nearest high water elevation to the furthermost protruding part of the structure. This includes projecting facilities such as cornices, eaves, porches, carports, attached garages, etc.

 

C.    NO such zoning permit shall be issued for any building or structure where said construction, addition, and exterior expansion or use would be in violation of any of the provisions of this law.

 

D.    A zoning, permit issued under this law shall expire one (1) year from the date of issue if construction is not started.                                                              

 

E.    Applications for zoning permits shall be submitted to the Zoning Officer or Village Clerk and shall include two copies of a layout or plot plan showing the actual dimensions of the lot to be built upon; the size and location on the lot of the proposed structures and accessory use lines, street right-of-way lines, waterfront property lines, streams, and any other features of the lot; and. such other information, necessary to determine and provide for the enforcement of this law. This information, and other relevant application data, shall be provided on a form issued by the Village.

 

F.    * Deleted

 

* Amended in Local Law #2 of the year 2000.

 

 

Section 9 - 1 Fees

 

A.    All applicants for any permit, approval or variance under this Local Law are required to pay a fee to cover the administrative expenses of the Village. Failure to pay such fee shall be deemed a violation of this Local Law.

 

B.    All applications for any approval, permit, or variance shall be accompanied by a cash deposit, certified check or-surety bond payable to the Village of Sackers Harbor in an amount determined by:

 

1.    Mayor for all applications requiring the Village Board of Trustees final approval or other action;

      2.    Chairman of the Planning Board, for all applications
            requiring the Planning Board's final approval;

 

      3.    Secretary of the Zoning Board of Appeals for all appli­cations requiring such Board's approval;

 

      4.    Zoning Officer for matters requiring his final approval or action.

 

The Mayor, Chairman of the Planning Board, Secretary of the Zoning Board of Appeals, and Zoning Officer, as the case may be, should obtain estimated expenses from the Village Engineer, Village Attorney, and Village Clerk prior to setting the amount of the cash deposit, certified check or surety bond required of each applicant.

 

C.    The Mayor, Chairman of the Planning Board, Secretary of the Zoning Board of Appeals or Zoning Officer, as the case may be, may require additional security for the Village's administrative expense, in accordance with the provisions of this section, in the event that the Village's potential" liability for such expense exceeds the initial amount deposited.

 

 

Section 9 - 2 Zoning Officer

 

A.    This law shall be enforced by the Zoning Officer, who shall be appointed by the Village Board.

 

B.    The Zoning Officer's authorities shall require that officer to:

 

1.    Approve or deny zoning permits.

 

2.    Scale and interpret district boundaries on Zoning Maps.

 

      3.    Refer appropriate appeal matters to the Zoning Board of Appeals.

 

      4.    Revoke a zoning permit where there, is false, misleading or insufficient information. Revoke a zoning permit where the applicant has not done what was proposed on the application.

 

      5.    Issue stop work orders for noncompliance with this zoning law.

 

6.    Maintain accurate files in the Village Office of all recorded building permits, appeals, violations, certificates of occupancy and other administrative duties relating to this law.

 

 

Section 9 - 3 Planning Board

 

A.    Creation, Appointment, and Organization:

 

      1.    The Mayor shall appoint seven (7) members, who shall be Village residents, to the Village Planning Board.

 

      2.    The Board of Trustees shall make every reasonable effort to appoint persons with an interest in the history and architecture of the Village. Particular consideration shall be given to the appointment of persons specially qualified through training or experience in history, architecture, building con­struction, real estate, law, art, and the like. At least one (1) member shall maintain legal residence or own property within the Historic Preservation Overlay District.

 

      3.    Any vacancy occurring in a position for any reason other than expiration of the term for which they were appointed shall be filled by an appointment by the Board of Trustees for the remainder of the term vacated.

 

All

 

B.    Powers and duties: the Planning Board shall have the following powers and duties with respect to this Law:

 

1.    Site plan review and approval.

 

      2.    Submittal of an advisory opinion to the Zoning Board of Appeals for use variances.

 

      3.    Submittal of an advisory opinion to the Village Board for proposed amendments to this Law.

 

C.    Procedure: The Planning Board shall act in strict accordance with the procedure specified by this Law. All applications made shall be made in writing on forms prescribed by the Village.

 

Every decision of the Planning Board shall be made by resolution which shall contain a full record of findings in the case.

 

 

Section 9 - 4 Historic Review Board

 

A.    The Planning Board shall act as the Historic Review Board for the purposes of these regulations. Procedural rules and regulations shall be adopted by the Planning Board.

 

B.    Authority and Duties of the Historic Review Board

 

      1.    The Historic Review Board shall review and evaluate the historic and architectural compatibility of all regulated activities within the Historic Preservation Overlay District in accordance with the site plan review standards set forth in Article VII, Section 1-3.

 

      2.    The Historic Review Board shall exercise reasonable and responsible judgment of historic, aesthetic, and architectural considerations in carrying out its authority and duties as the Historic Review Board.

 

3.    The Historic Review Board is also authorized to:

            (a)   Retain or employ professional consultants, secretaries, clerks or other necessary personnel to carry out its duties, subject to the approval of the Village Board of Trustees.

 

            (b)   Conduct surveys of buildings, structures, and/or architectural significance, and other pertinent facts;

 

            (c)   Cooperate and advise with the Village Board of Trustees and other public and private agencies in matters involving historic preservation;

 

            (d)   At the owners request advise and assist owners of landmarks, property or structures within the historic district on physical and financial aspects of preservation, renovation, rehabilitation, reuse, and procedures for inclusion on Federal, State, and local historic registers.

 

            (e)   Inform and educate the community concerning the historic and architectural heritage of the Village, including recommendations on the preparation of maps, brochures, and historic markers for selected historic buildings, structures, sites or areas;

 

            (f)   Investigate and recommend to the Village Board of Trustees additions to the existing historic district (properties, structures, buildings or areas having special historic, community or architectural value as historic. landmarks or districts.)

 

 

Section 9 - 5 Zoning Board of Appeals

 

A.    Creation, appointment, and organization: A Zoning Board of Appeals is hereby created. The Village Board shall appoint three (3) members on a staggered term basis, in conformance with Village Law, Section 7-712. The Board of Appeals shall select a Secretary and prescribe rules for the conduct of its affairs.

 

B.    Powers and Duties: The Board of Appeals shall have all the power and duties prescribed by Section 7-712 of the Village Law and by this Law, which are more particularly specified as follows:

 

      1.    Interpretation: Upon appeal from a decision by an administrative official or citizen, decide any question involving the interpretation of any provision of this Law, including determination of the exact location of any district boundary if there is uncertainty.

 

      2.    Variances: To vary or adapt the strict application of any of the requirements of this Law in the case of exceptionally irregular, narrow, shallow, or steep lots, and other exceptional physical conditions; or undue use hardships; whereby strict application would result in practical difficulty or unnecessary, hardship that would deprive the owner of the reasonable use of the land or building. Variances must meet the criteria of Village Law, 'legal parameters and the regulations and intent of this Law. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.

 

 

Section 9 - 6 Violations and Penalties

 

A.    Complaints of violations: Whenever a violation of this Law occurs, the Zoning Officer, Village, or any person may file a complaint. All such complaints must be in writing and filed with the Enforcement Officer who shall properly record such complaint and immediately investigate and shall institute appropriate legal procedures to correct the violation or issue penalties. This shall commence with a stop work order, and an order to correct the violation, being issued. If the violation is not corrected within the spe­cified time the Zoning Officer shall take action to compel compliance.

 

B.    Any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this Law shall, upon conviction, be deemed guilty of a violation. Each week an offense is continued shall be deemed a separate violation of this Law. A violation, of this law is an offense punishable by a fine not exceeding two-hundred and fifty dollars ($250.00).

 

C.    In addition to the penalties provided above, the Village 'Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this Law.

 

 

Section 9 - 7 Amendments

 

A.    The Village Board may from time to time amend, supplement, or repeal the regulations and provisions of this Law after public notice and public hearing. All proposed changes shall be referred to the Jefferson County Planning Board for their recommendation and for a report thereon prior to final action. The Village Board, by resolution adopted at a stated meeting', shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as required by Village Law, Section 7-708.

 

 

Section 9 - 8 Separability

 

A.    Should any section or provisions of this Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

 

 

Section 9 - 9 Effective Date

 

The provisions of this Law shall take effect upon filing with the Secretary of State.

 


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