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Article 3: Supplementary Regulations
- 304. 00 Off-Street Parking and Loading
- 305.00 Signs and Outdoor Advertising
- 306.00 Antennas
- 307.00 Functional Family Unit
← Sections 300-303
Section 304.00 Off Street Parking and Loading
General Requirements for Off-Street Parking Spaces.
- The size of off-street parking spaces shall be not less than ten (10) feet wide by twenty (20) feet long for all side-by-side parking or not less than eight (8) feet wide by twenty-three (23) feet long for all parallel parking.
- Each off-street parking facility shall be located as herein after specified with respect to the building or use which such facility is required to serve. Where distance is specified, such distance shall be measured along public thoroughfares from the nearest point of the parking facility to the nearest point of the building or use which such facility is required to serve. Off-street parking spaces shall be allowed in required back or side yards except where specifically prohibited by this local law.
- For multi-family dwellings, not more than one hundred (100) feet from the building they are required to serve.
- For hospitals, sanitaria, convalescent homes, nursing and rest homes, homes for the aged, retirement homes, private clubs, lodges and offices, not more than one hundred (100) feet from the building they are required to serve.
- For uses other than those specified above, not more than three hundred (300) feet from the building they are required to serve.
- In stadia, churches and other places of worship in which patrons or spectators occupy benches, pews or other similar seating facility each twenty (20) inches of seating facility shall be counted as one seat.
- Whenever there is a change in use or an increase in floor area or in other unit of measurement, and the change and the increase of more than ten (10) percent in the number of required off-street parking spaces, as determined by the requirements in this Section, additional off-street parking spaces shall be provided in accordance with this Section for that addition or change in use.
- For any building having more than one (1) use, parking requirements for each use shall conform to Section 304.00 Q.
- Off street parking space shall be finished with necessary passageways and driveways. All the space shall be deemed to be required space on the lot on which it is situated, and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways except where provided in connection with one-family residences shall be surfaced with a dustless, durable all-weather pavement clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Zoning Enforcement officer.
- A required driveway shall be not more than twenty (20) feet in width.
- The collective provisions of off-street parking areas by two (2) or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
- All parking areas and appurtenant passageways and driveways serving uses shall be adequately illuminated during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided to protect adjacent residential areas from the glare of such illumination and from that of automobile headlights.
- No access drives or walkways to any B District through any R District shall be permitted.
- Off-street parking areas located in commercial zones which provide parking for twenty (20) or more vehicles shall be provided with shade trees of a type approved by the Zoning Enforcement Officer, and shall be located not farther apart than sixty (60) feet on center.
- Off-street parking shall not be permitted in front yards, except in residential driveways, which shall not exceed twenty (20) feet in width or twenty five (25) percent of the front yard, whichever is less.
- An off-street parking space shall comprise not less than one hundred eighty-four (184) square feet of parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way.
- The number of off-street parking spaces required for specific uses shall be as follows:
- Assembly and Exhibition Halls without fixed seating....1 for each 100 feet of floor area used for assembly.
- Auditoria,Theaters.............................................1 for each 5 seats.
- Banks, Businesses and Professional offices................1 for each 200 square feet of floor area
- Bowling Alleys.................................................3 for each alley plus the necessary space as set
forth in this Section for affiliated uses including bars, restaurants, or other commercial uses.
- Churches........................................................1 for each 5 seats.
- Dwellings........................................................2 for each family or dwelling unit.
- Funeral Homes, Mortuaries...................................6 for each reposing room.
- Hospitals.........................................................1 for each 3 beds
- Hotels, Motels...................................................1 for each sleeping unit.
- Libraries, Museums or Galleries............................1 for each 600 feet of floor area.
- Restaurants, Cafes, Bars and Nightclubs...................1 for each 50 square feet of floor area or every 2
seats, whichever is the greater.
- Retail Shops, Stores..........................................1 for each 200 square feet of floor area.
- Rooming Houses..............................................1 for each bedroom.
- Sanitaria, Convalescent Homes, Homes for the aged, Childrens' Homes......................................1 for each 4 beds.
- Tourist Homes and Bed and Breakfasts………...1 for each guest/lodger bedroom.
- In the case of a use not specifically mentioned above, the requirement for off-street parking spaces for a similar use shall be set forth by the Zoning Enforcement Officer.
Section 305.00 Signs and Outdoor Advertising
- Purpose
- The purpose of this section is to promote and protect the public health, welfare, and safety by regulating outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and enhance and protect the physical appearance of the Village. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents or other injuries, to provide more visual open space, and to curb the deterioration of the Village’s appearance and attractiveness.
- This section of the Village of Alfred Zoning Law is also intended to promote attractive signs which clearly present their messages in a manner that is compatible with their surroundings. The appearance, character, and quality of a community are affected by the location, size, construction, and graphic design of its signs. Therefore, signs should convey their messages clearly and simply in order to enhance their surroundings.
- It is not the intent of this section of the Village of Alfred Zoning Law to regulate the content of signs or to abridge the right to free speech.
- General Provisions
- The provisions of this Section shall govern outdoor and window signs.
- No signs, except those exempted in Section 305.00 C., shall be erected or
structurally altered except in accordance with the provisions of this
local law.
- All signs, except those exempted in Section 305.00 C, require a sign permit and approval by the Planning Board.
- All signs in B-1, B-2, B-3, R-1, R-2, R-3, and RD Districts and in the Historic District require Site Development Plan Review. Signs within the E-1 District require Site Development Plan Review only if they are clearly visible from the Historic District, Main Street, or Route 244.
- No sign shall project closer than two (2) feet to any curb face or traffic lane.
- No sign shall be erected which would cause a traffic hazard.
- No sign, including exempted signs, shall be located in such a way as to interfere with pedestrian traffic.
- No person shall erect or maintain a sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way.
- No sign shall have the appearance of any traffic control device or traffic control sign.
- No sign shall be permitted which is painted directly on the side or wall of any building.
- For an externally illuminated sign, only indirect lighting shall be visible from any other property or right-of-way.
- Any sign which no longer advertises a bona fide business conducted or a product sold must be taken down and removed within thirty (30) days.
- No sign shall flash, move, be phosphorescent, or change in light intensity. No advertising banners, advertising flags, or advertising pennants are allowed.
- Signs Exempted from Permit Requirement
- Legal Notices or other public notices or warnings required by a valid and
applicable Federal, State, or Village Law, regulation, or ordinance.
- Public signs erected by or on behalf of a governmental body.
- House numbers.
- Welcome signs, awnings, and other similar decorative items intended to
improve the appearance of a house or yard.
- Traffic control signs and devices.
- Holiday displays.
- Real estate signs no larger than six (6) square feet in area if removed within thirty (30) days of completion of transaction. Permanent real estate signs are not exempt from the permit requirement.
- Construction signs no larger than forty-eight (48) square feet in area if removed within thirty (30) days of completion of project
- Political signs no larger than six (6) square feet in area if removed within seven (7) days of pertinent election.
- Temporary signs, posters or advertisements affixed to or within two (2) feet of windows.
- Sidewalk signs no larger than ten (10) square feet in area on each side if removed from sidewalk overnight; these should be placed so that pedestrian traffic is not obstructed.
- Signs in the E-1 District not clearly visible from the Historic District, Main Street, or Route 244.
- Signs displayed by a school, church, or not-for-profit organization for a period of less than ten (10) days.
- Flags or insignia of a nation or association of nations or other state or municipal unit, or of any political, charitable, civic, professional, or religious organization, providing such flags or insignia are not larger than fifteen (15) square feet and providing that such flags or insignia are located in such a way so as not to create a safety hazard for drivers or pedestrians.
- Non-conforming Uses
- Signs existing prior to the passage of this revised section which
conformed in all respects to the requirements then in effect and
which have a sign permit shall be considered as conforming to this
ordinance.
- Any existing sign that was erected prior to the effective date of this revised
section and which does not have a sign permit shall be removed or
brought into conformance within one (1) year of the effective date of
this section. Any individual applying for a sign permit within ninety (90) days of the effective date of this section for the purposes of bringing an existing sign into compliance with this section shall be exempted from the usual application fees.
- Signs pertaining to or advertising products sold on the premises of a
nonconforming building or use may remain in place only when the
nonconforming use is permitted to continue. Any such signs shall
not be permitted to be increased in area, height, illumination, or number.
- Special Provisions
The following signs are permitted in each use district:
- R-1 and R-2 Districts
- For any home occupation and professional identification, one (1) unlighted sign not larger in area than two (2) square feet.
- For any school, or public use, one (1) lighted or unlighted identification sign or bulletin board not larger in area than twenty (20) square feet.
- R-3 District
- One (1) unlighted sign not larger In area than six (6) square feet,
- For any school, or public use, one (1) lighted or unlighted identification sign or bulletin board not larger in area than twenty (20) square feet.
- B-1, B-2, R/D and E- I Districts
- Only two (2) exterior signs are allowed for each establishment exclusive of traffic control signs (churches and schools
excepted). They may not be internally illuminated and may not be more than sixty (60) square feet total. No
individual sign may exceed forty (40) square feet in area.
- Where two (2) or more businesses occupy the same building each business is allowed only one (1) sign; the total signage for that property shall not exceed sixty (60) square feet facing any one street. No individual sign may exceed forty (40) square feet
- Window signs, both temporary and permanent, including exempted signs, that are visible from the exterior and are attached to or are within two (2) feet of the glass area, shall be limited to no more than twenty percent (20%) of the glass display window area. For signs painted directly on the glass, only the actual area taken up by individual letters or other images will be measured.
- The measurement of a free standing sign shall be no more than thirty (30) square feet in area, including sign posts, and/or holder. Free standing signs shall be no more than six (6) feet in height including sign posts and/or holder. Signs shall be placed at a minimum distance of six (6) feet from any boundary, street, or sidewalk. Both sides of free standing sign boards may be used. Signs may be placed parallel or at a ninety (90) degree angle to the front of the building they serve. If two (2) or more businesses occupy one (1) building, only one (1) free standing sign is allowed.
- Signs attached to the building shall be no more than forty (40) square feet in area. This measurement shall include the space enclosed by the smallest circumscribed rectangle to include all borders and scroll work inside this rectangle. Attached signs shall be placed on the front of the building, parallel to the front, and shall not project above the structure on which they are placed. They may be placed on the building itself or on an awning.
- Signs composed of single letters, numbers, or symbols affixed directly to the building shall be considered one sign. Such signs shall be no more than 40 square feet in area. This measurement shall include the space enclosed by the smallest circumscribed rectangle to include all borders and scroll work inside this rectangle.
- Severability
If any clause, sentence, paragraph, or part of this section shall be judged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remaining portions of this section, but shall be confined to the clause, sentence, paragraph, or part directly involved in the controversy about which such judgment shall have been rendered.
- Effective Date
This section shall take effect upon its adoption and filing with the Secretary of State.
Section 306.00 Antennas
- No person shall cause or permit the erection and/or maintenance of any parabolic dish or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals except as set forth herein. These provisions apply to all districts.
- Provisions
- A special use Permit shall be required for the installation of an antenna. Application for the permit must include drawings showing proposed methods of installation and a Site Development Plan depicting structures and screening on the property and all adjacent properties.
- The applicant shall present documentation of any licenses required by federal, state or local agencies.
- The antenna shall be located on the same site it services. There shall be only one antenna per lot.
- Lots must be of sufficient size to allow for side line set back and set back from existing structures equal to the height of the antenna measured from the base at ground level. No antenna shall exceed twelve (12) feet in height, depth or width.
- No antenna can be constructed, erected or maintained in the area between the rear line of the principal building or improvement located on the property and any public street facing the principal building or improvement located on the property.
- Any such antenna shall be constructed, erected or maintained at ground level and the natural grade of the land shall not be changed to accommodate the antenna.
- No parabolic dish type antenna shall be placed on a roof.
- An antenna shall not be erected or maintained except as an accessory structure.
- A landscape screen shall be provided and maintained around the structure and accessory attachments.
Section 307.00 Functional Family Unit
It is the intent of this section of the Zoning Law to establish a rebuttable presumption that four (4) or more unrelated persons sharing a dwelling do not constitute the functional equivalent of a traditional family unless they can prove otherwise. The purpose of this regulation is to limit the density of tenants in rental units, to thereby promote the health, safety and welfare of the general public, and protect the nature of residential areas by limiting the institutional atmosphere caused by high-density rentals.
- It shall be presumptive evidence that four (4) or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
- In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
- The group is one that in theory, size, appearance, structure and function resembles a traditional family unit that may include bona fide domestic servants employed at the premises on a full time basis.
- The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.
- The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses.
- The premises are being occupied in strict accordance with all applicable health, safety and fire codes.
- The group is permanent and stable. Evidence of such permanency and stability may include:
- The presence of minor dependent children regularly residing in the household who are enrolled in local schools.
- Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes.
- Members of the household are employed in the area.
- The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units.
- Common ownership of furniture and appliances among the members of the household.
- The group is not transient or temporary in nature.
- Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
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