Village Of Sackets Harbor

2000 - No.1 - Amending LL #2 of 1987 Zoning Law

Number 1 of 2000


LAW #1 OF 2000 AMENDING LL #2 OF 1987



SECTION 1. Local Law #2 of the Year 1987, as amended including Local Law No. 2 of the year 1993, the Village of Sackets Harbor Zoning Law, is amended to read, in part, as provided below.


SECTION 2 - Section2-1, Specific Definitions, of Local Law No. 2 of the year 1987 is amended, in part, to add the following additional definition:


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.


SECTION 3 - Section 5-6 of Local Law #2 of the Year 1987 is amended to read as follows:


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.


2.         Religious Institution                  1 for each 3.5 seats.


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

            Tourist Homes        


4.         Light Industrial                  1 for each employee at maximum working shift~


5.         Restaurants, Bars                      1 for each 70 square feet of Patron/Customer space,

                                                            excluding kitchen and storerooms.


6.         Retail, small                                No parking spaces for the first i000 square feet of

                                                  patron/customer space and one (i) for each additional 200

                                                  square feet of patron/customer space.


7.         Retail, large product                  1 for each 400 square feet of floor area.



8.         Offices, General                        1 for each 200 square feet of first floor area, .and 1 each per 300 square feet of floor area above.


9.         Doctor/Dentist                          4 per doctor.



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



11.      Home occupation                       1 per 200 square feet of patron/customer space in addition to spaces required per dwelling.


12.       Mortuary                                   1 per 100 square feet of floor area. Establishment


13.       Marina                                       .6 spaces per berth or mooring.


14.       Roadside Stands                         3 minimum


15.       Other places of                         1 per 200 square feet of gross floor

            public/private                            area, or 1 per 3.5 seats, whichever

            assembly                                  is greater.


16.       Recreation:                               1 per 200 square feet of enclosed

            Outdoor 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 this 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 the 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.


            F.         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 the 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.   Supersession of Village of 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 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 Sections 7-712, 7-712-a, 7-712-b, 7-725-a(3) ~ 7-725-b(3), and 7-730(6), it is hereby declared to be the intention to superseded those sections of Village Law with which this Local Law may be inconsistent, using supersession 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 3. This Local Law shall take effect upon filing with the Secretary of State and as provided in Section 7-706 of the Village Law.