PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XIX, Temporary Structures [Added 8-15-2011 by L.L. No. 3-2011]

§ 190-173. Purpose.

The Board of Trustees finds that the Village is receiving requests to place temporary structures on property. The Board seeks to regulate temporary structures to preserve and enhance the character of the neighborhoods throughout the Village, to promote the desirable use of land, and to protect public health, safety and general welfare.

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§ 190-174. Definitions.

Temporary structure -- an assembly of materials forming a safe and stable shelter, enclosure or cover to protect people, products, material, or equipment from the elements and designed, installed or intended to be portable, erected for a determined period of time or not permanently affixed to the ground. A temporary structure shall include but not be limited to: membrane structure (tent, canopy, air supported structure or as defined in Section 2402 of the Fire Code of New York State).

Tent -- a portable and collapsible shelter, with or without sides, made of canvas, fabric material or other material which is stretched over or placed upon a supporting framework and used as a temporary structure.

Canopy -- a temporary structure used to cover an area and open on all sides.

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§ 190-175. Regulations.

  1. A temporary structure may not be erected or installed in the Village of Honeoye Falls in any non residential district or upon any property which is used for non residential purposes without obtaining a Special Permit from the Village.
  2. A special permit shall be issued for the erection or construction of a temporary structure in any non residential district or upon property used for non residential purposes in accordance with the following conditions:
    1. A temporary structure shall meet all the of fire resistance requirements for temporary structures and be erected or installed in accordance with regulations of the New York State Uniform Fire Prevention and Building Code.
    2. A temporary structure shall not be used for storage of refuse, waste, garbage or debris.
    3. A temporary structure shall not be located so as to reduce or eliminate the number of parking spaces that are required for the property use under Article IX of the Village Code, Offstreet Parking and Loading requirements, or as provided by the Zoning Board of Appeals.
    4. The temporary structure including any stakes, ropes or poles supporting the temporary structure shall be set back from any property lines a minimum of 12 feet.
    5. Parking shall be provided for the temporary structure use in accordance with Article IX of the Village Code - Offstreet Parking and Loading.
    6. The location and the purpose for which the temporary structure shall be used shall not interfere with the pedestrian or vehicular traffic patterns on any adjoining streets or sidewalks.
    7. The use of the temporary structure shall be in accordance with the Zoning Code of the Village of Honeoye Falls.

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§ 190-176. Duration.

  1. A temporary structure may be maintained or erected for a period not exceeding fourteen (14) consecutive days.
  2. Special permits are limited to not more than four permits during a calendar year and only one special permit may be issued in a thirty day period.

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§ 190-177. Exceptions, Conditional.

  1. This Article and the provisions herein shall not apply to the following:
    1. A temporary structure which covers an area of 120 sq. ft. or less;
    2. A temporary structure on residential property to be used for weddings, parties, social and recreational activities.
  2. This Article and the provisions herein shall not apply to the following; except a building permit is required to be obtained from the Code Enforcement Officer for their erection in accordance with the New York State Building Code.
    1. A temporary structure which is to be used by a not for profit organization for the purposes of the not for profit organization.
    2. A temporary structure which is to be used by a church, house of worship, synagogue or mosque, or for a funeral service in a cemetery.
  3. All excepted and conditionally excepted temporary structures may be maintained or erected for a period not exceeding fourteen (14) consecutive days; all conditionally excepted temporary structures shall not be permitted for more than four (4) periods of fourteen (14) consecutive days during a calendar year.

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§ 190-178. Fees.

The fee for a special permit issued pursuant to this Article shall be established by resolution by the Board of Trustees.

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§ 190-179. Permits.

  1. The special permit shall contain, among other things, the dates the temporary structure can be permitted on the property, the purpose for which the temporary structure can be used and the date when the temporary structure shall be removed.
  2. It shall be unlawful to use any temporary structure for any purpose other than that designated by the permit.
  3. It shall be unlawful for any temporary structure not to be removed at the expiration of the period for which the special permit was issued.

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§ 190-180. Application.

  1. Application for a special permit shall be approved by the Board of Trustees.
  2. This applicstion shall include:
    1. A survey/site plan of the property showing:
      1. Dimensions and area of the property.
      2. Location and dimensions of all existing buildings with distances to property lines shown.
      3. Location and dimensions of the temporary structure on the property with distances to property lines and existing buildings shown.
      4. Adjoining property owner's names.
      5. Layout of any parking area for motor vehicles, including means of egress and ingress. Parking shall be provided for the intended use of the temporary structure in accordance with Article IX (Parking) of the Zoning Code of the Village.
      6. Toilet facilities adequate for the capacity of the use in accordance with the requirements of NYS Department of Health and NYS Building Code.
      7. Facilities for clean disposal of solid waste, garbage and trash.
      8. The location of any power source for the temporary structure and the means by which it will be transmitted to the temporary structure.
    2. A statement specifying whether food or beverage is to be prepared served or distributed. If food or beverages are intended, specify the method of and show the building or structure from which the food or beverages shall be prepared, sold or distributed.
    3. A statement containing the type, number and location of sound amplifier or loudspeaker or sound truck or other similar sound producing equipment.
    4. A statement containing the expected maximum number of persons intended to use the property.
    5. The Board of Trustees shall review the application for special permits pursuant to the regulations in this Article.
    6. Furnish the Village with a certificate of insurance that applicant has comprehensive liability insurance policy insuring the Village against liability for damage to person or property with limits of not less than five hundred thousand dollars ($500,000.) to one million dollars ($1,000,000.) for bodily injury or death and limits of not less than five hundred thousand dollars ($500,000.) for property damage, sufficient to save the Village harmless from any liability or cause of action which might arise by reason of the granting of this permit.
  3. The applicant shall provide written notice of the application and the date of hearing, ten days prior to the hearing to the adjacent property owners; and shall provide proof by affidavit or affirmation that said notice was given in a timely manner at the time of the hearing.
  4. Application for a special permit shall be made at least 21 days prior to the third Monday of each month in order to have the hearing at the Trustees meeting on the third Monday of each month.

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