Chapter 169, TAXATION
[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, Senior Citizen Exemption [Adopted 11-13-1968 as Ch. 56, Art. II, of the 1968 Code]
§ 169-1. Title.
This article shall be known as an "Ordinance Relating to Granting Partial Exemption From Real Property Taxation for Real Property Owned by Certain Persons With Limited Income Who Are 65 Years of Age or Over."
§ 169-2. Exemption granted.137EN
It is the purpose and intention of this article that § 467 of the Real Property Tax Law be and hereby is made applicable to the City of Mechanicville.138EN
ARTICLE II, Penalty for Unpaid Taxes [Adopted 11-13-1968 as Ch. 56, Art. III, of the 1968 Code]
§ 169-3. Interest penalty.139EN
The Commissioner of Accounts is hereby authorized and directed to fix a penalty to be added to all unpaid real, personal and special franchise taxes as follows. Taxes shall be received, for the first 15 days after the first publication of notice of taxes, at the office of the Commissioner of Accounts from 9:00 a.m. to 3:00 p.m. without penalty or interest added. After the expiration of 15 days from the date of such publication, a penalty of 1% shall be added to said taxes. After the expiration of 30 days from the date of said publication, a penalty of 3% shall be added to said taxes. A penalty of 1% shall be added for each successive month thereafter.
§ 169-4. Installment payment of eligible delinquent taxes.140EN
A. The city is authorized and empowered via Real Property Tax Law § 1184 to enact and amend a local law providing for the installment payment of eligible delinquent taxes. The installment payment of eligible delinquent taxes shall be made available to each eligible owner on a uniform basis. The enforcing officer for the City of Mechanicville may enter into an agreement with an eligible owner to provide for an installment plan that does not exceed 24 months in duration, where the payment schedule shall be monthly, bimonthly, quarterly or semiannually. Furthermore, the required downpayment, if any, from the eligible owner shall not exceed 25% of the eligible delinquent tax.
B. A property owner shall not be eligible to enter into an agreement pursuant to this section where:
(1) There is a delinquent tax lien on the same property for which the application is made or on another property owned by such person and such delinquent tax lien is not eligible to be made part of the agreement pursuant to this section;
(2) Such person is the owner of another parcel within the city on which there is a delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the agreement pursuant to this section;
(3) Such person was the owner of property on which there existed a delinquent tax lien and which lien was foreclosed within three years of the date on which an application is made to execute an agreement pursuant to this section; or
(4) Such person defaulted on an agreement executed pursuant to this section within three years of the date on which an application is made to execute an agreement pursuant to this section.
C. A property owner shall be eligible to enter into an agreement pursuant to this section no earlier than 30 days after the delivery of the return of unpaid taxes to the enforcing officer.
D. The amount due under an installment agreement shall be eligible delinquent taxes plus the interest that is to accrue on each installment payment up to and including the date on which each payment is to be made. The agreement shall provide that the amount due shall be paid, as nearly as possible, in equal amounts on each payment due date. Each installment payment shall be due on the last day of the month in which it is to be paid.
E. Interest on the total amount of eligible delinquent taxes, less the amount of the downpayment made by the eligible owner, if any is required, shall be in accordance to § 169-3 of this article.
F. Default.
(1) The eligible owner shall be deemed to be in default of the agreement upon:
(a) Nonpayment of any installment within 30 days from the payment due date;
(b) Nonpayment of any tax, special ad valorem levy or special assessment which is levied subsequent to the signing of the agreement by the city and which is not paid prior to the receipt of the return of unpaid taxes by the enforcing officer; or
(c) Default of the eligible owner on another agreement made and executed pursuant to this section.
(2) In the event of a default, the city shall have the right to require the entire unpaid balance, with interest and late charges, to be paid in full. The city shall also have the right to enforce the collection of the delinquent tax lien pursuant to the applicable sections of the law, special tax act, charter or local law.
(3) Where an eligible owner is in default and the city does not either require the eligible owner to pay in full the balance of the delinquent taxes or elect to institute foreclosure proceedings, the city shall not be deemed to have waived the right to do so.
G. Within 45 days after receiving the return of unpaid taxes from the collecting officer, or as soon thereafter as is practicable, the enforcing officer shall notify, by first-class mail, all potential eligible owners of their possible eligibility to make installment payments on such tax delinquencies. The enforcing officer shall add $1 to the amount of the tax lien for such mailing. The failure to mail any such notice, or the failure of the addressee to receive the same, shall not in any way affect the validity of taxes or interest prescribed by law with respect thereto.
§ 169-5. Tax liens.141EN
The city hereby elects to enforce its tax liens, and whenever a tax lien has been due and unpaid for a period of at least three years from the date on which the tax or other legal charges become a lien, the city shall hereafter be entitled to summarily foreclose the lien pursuant to Title 3 of Article 11 of the Real Property Tax Law.
§ 169-6. Other methods of enforcing payment.142EN
Nothing herein contained shall be construed in any way to affect or prevent the Council from instituting legal proceedings in behalf of the city for the enforcement of payment of all unpaid taxes and water and sewer rents as provided in the Charter of the city.
ARTICLE III, Exemption for Certain Residential Construction [Adopted 12-9-1992 by L.L. No. 6-1992 (Ch. 56, Art. IV of the 1968 Code); amended in its entirety 12-29-1992 by L.L. No. 1-1993]
§ 169-7. Purpose.
The purpose of this article is to provide an exemption from real property taxes, including those imposed by the Mechanicville City School District, for any new construction project which receives payments, grants or loans pursuant to Article 19 of the Private Housing Finance Law.
§ 169-8. Exemption granted.
A. Pursuant to § 421-e of the Real Property Tax Law, any new residential construction project which receives payments, grants or loans pursuant to Article 19 of the Private Housing Finance Law shall be exempt from property taxes, including those imposed by a school district, other than assessments for local improvements, for a period not to exceed 20 years in the aggregate, after taxable status dated immediately following the completion thereof.
B. Said eligible property shall be exempted from property tax, other than assessments for local improvements, so long as said units are used for residential purposes for a period not to exceed 10 years after the taxable status date according to the following schedule:
Percent of
Year Exemption

1 to 6 33%
7 26%
8 24%
9 13%
10 6%
§ 169-9. Additional concurrent exemptions prohibited.
During the period of exemption under this article, no other exemption from taxes shall be availed of concurrently under any other law.
§ 169-10. Applicability.
Such exemptions shall apply to assessments on or after January 1, 1993.

Chapter 172, TAXICABS
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 57 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES

Vehicles and traffic -- See Ch. 183.
§ 172-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
TAXICAB -- A motor vehicle carrying one or more passengers for hire and licensed as an omnibus by the Motor Vehicle Department of the State of New York, for which operation a certificate of convenience and necessity from the Public Service Commission is not required by statute.
§ 172-2. License required.
No person or corporation shall operate or cause to be operated upon or along the public streets of the city any taxicab without first procuring a license for each taxicab from the Mayor upon such terms and conditions as are or may hereafter be provided in this chapter or any amendment thereof.
§ 172-3. Designation of stands.
The Mayor is hereby authorized to locate and designate as public taxicab stands such space alongside the curb on such public streets as in his opinion may be for the best interests of the people of the city and to cause said space to be clearly marked by signs indicating that it is a taxicab stand.
§ 172-4. Standing at other than taxicab stand prohibited.
No taxicab while waiting employment by passengers shall stand on any public street or place other than at or upon a public taxicab stand designated or established in accordance with this chapter.
§ 172-5. Application for license; fee; renewal.
Every person or corporation operating one or more taxicabs in the city shall apply, in writing, to the Mayor, on blanks which shall be furnished by the Commissioner of Accounts, for a license to operate one or more taxicabs on and along the streets of the city. Each applicant shall pay to said city the sum as set from time to time by resolution of the City Council for each license for each taxicab (see fee schedule on file in the city offices). Such license shall be valid only from the date of issuance to the 31st day of January following and must be renewed by the taxicab owner before the 1st day of February each year on the same terms and conditions as are or may hereafter be required for the original license.
§ 172-6. Revocation of license.143EN
The Mayor may revoke such license for violation of any of the provisions of this chapter or upon the conviction of the licensee for any violation of the Highway, Vehicle and Traffic or Transportation Corporations Law of the State of New York.
§ 172-7. Posting of rates.144EN
Every taxicab available for hire or operated within the City of Mechanicville shall have posted, in the interior thereof, a list of rates, fares and other charges as specified and in accordance with § 396-p of the General Business Law.
§ 172-8. Penalties for offenses.145EN
In addition to any penalty provided in § 396-p of the General Business Law, violation of any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment. Each day's continued violation of this chapter shall be a separate and distinct offense.

Chapter 175, TELECOMMUNICATIONS FACILITIES
[HISTORY: Adopted by the City Council of the City of Mechanicville at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention -- See Ch. 80.
Zoning -- See Ch. 200.
§ 175-1. Authority and purpose.
A. The Telecommunications Act of 1996 affirmed the City of Mechanicville's authority concerning the placement, construction and modification of telecommunications towers and related facilities which may pose a unique hazard to the health, safety, public welfare and environment of the City of Mechanicville and its inhabitants. In order to ensure that the placement, construction or modification of telecommunications towers and related facilities is consistent with the city's land use policies and to fulfill its obligations under the State Environmental Quality Review Act,146EN the city is adopting a single, comprehensive, telecommunications tower application and permit process.
B. The intent of this chapter is to minimize the negative impact of telecommunications towers; minimize the number of towers in the community by encouraging shared use and the use of existing structures; establish a fair and efficient process for review and approval of applications; assure an integrated comprehensive review of environmental impacts of such facilities; and protect the health, safety and welfare of the people of the City of Mechanicville. The City Council, recognizing that it cannot ban such facilities from the city, intends to implement this chapter so as to minimize to the maximum extent possible the negative aesthetic impact of such facilities.
C. This chapter is enacted pursuant to the Municipal Home Rule Law.
§ 175-2. Permit required.
As of the effective date of this chapter, no person shall site, build or prepare any site for the placement or use of any telecommunications tower, antenna or related facilities without first duly applying for and obtaining the written approval of the City Council (hereinafter "telecommunications siting permit" or "permit") according to the procedures and requirements of this chapter.
§ 175-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA -- A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal communication services and microwave communications.
APPLICANT -- Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons, limited liability company or entity that submits an application.
APPLICATION -- The form, together with all necessary and appropriate documentation required of the applicant, to receive a telecommunications siting permit.
COLLAPSE ZONE -- The area in which any portion of a telecommunications tower could or would fall, collapse or plunge to the earth. The collapse zone shall be no less than the lateral equivalent of the distance from the beak point to the top of the structure plus 10 feet, such being not less than 1/2 the height of the structure.
COLLOCATION -- The use of the same telecommunications tower or structure to carry two or more antennas for the provision of wireless services by two or more persons or entities.
EAF -- Environmental assessment form.
FAA -- The Federal Aviation Administration.
FCC -- The Federal Communications Commission.
HEIGHT -- When referring to a telecommunications tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna.
NIER -- Nonionizing electromagnetic radiation.
RELATED FACILITIES -- Any accessory facility or structure serving or being used in conjunction with a telecommunications tower, including but not limited to utility or transmission equipment storage sheds or cabinets.
SATELLITE ANTENNA -- Any parabolic dish, antenna or other device or equipment, of whatever nature or kind, the primary purpose of which is to receive television, radio, light, microwave or other electronic signals, waves and/or communications from space satellites or airborne sources.
TELECOMMUNICATIONS -- The transmission and reception of audio, video, data and other information or signals by wire, radio, light or other electronic or electromagnetic systems.
TELECOMMUNICATIONS TOWER -- Structure or location selected, designed or intended to be used to support an antenna. It includes, without limit, freestanding towers, guyed towers, monopoles and structures of similar height, including but not limited to structures such as buildings, church steeples, silos, water towers, utility towers and poles, signs or other similar structures. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal communication services or microwave communications, but excluding those used exclusively for fire, police and other dispatch communications or exclusively for private radio and television reception and private citizens' band amateur radio and other similar communications that do not exceed height limitations addressed elsewhere in city regulations.
§ 175-4. Policy; findings; powers and duties of Council.
A. The City of Mechanicville's policy is to minimize the impact of telecommunications towers in the city and mitigate the impact of such facilities as are required.
B. The city finds that collocation and effective camouflaging of telecommunications facilities is in the public interest and should be encouraged. As hereinafter described, the City Council will waive such requirements of the application required by this chapter as are inappropriate in the case of applications for facilities to be collocated on existing structures or for facilities which will be effectively camouflaged (sometimes called "stealth facilities") in either existing or new structures. The City Council will expedite review and approval of such applications.
C. The City Council may retain the services of consultants or experts to assist it in reviewing applications pursuant to this chapter.
D. The City Council may refer any application or part thereof to any advisory or other committee for nonbinding recommendations.
E. The City Council may conduct preapplication meetings with potential applicants at the applicant's request.
F. Except for necessary building permits and subsequent certificates of compliance, no additional permits or approvals from the City of Mechanicville (e.g., site plan and zoning approvals) will be required for facilities covered by this chapter.
G. The City Council will undertake review of applications pursuant to this chapter in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved and the applicant's desire for a timely resolution.
H. Given the public's perception of the risks of radio frequency (RF) technology, the City Council may hold one or more public information sessions for purposes of addressing the public's concerns regarding the health and safety implications of the applicant's requested permit and may compel that the applicant be available to answer questions. The City Council may not, however, refuse to issue a telecommunications siting permit on the grounds of the public's concern regarding the health and safety of the proposed facility's RF emissions if the parameters of the RF emissions comply with applicable federal law.
I. The City Council intends to be lead agency pursuant to the State Environmental Quality Review Act (SEQRA).147EN The City Council shall conduct an integrated comprehensive environmental review of the proposed project as part of its review of the application under this chapter.
J. The City Council shall refer applications to the County Planning Agency of Saratoga County when and as required by law.
§ 175-5. Application fees; escrow deposits.
A. An application for a new telecommunications tower shall be accompanied by an application fee as set from time to time by resolution of the City Council (see fee schedule on file in the city offices).
B. An application for collocation on existing towers or for completely camouflaged (i.e. "stealth site") installations shall be accompanied by an application fee as set from time to time by resolution of the City Council (see fee schedule on file in the city offices).
C. All applicants will be required to deposit with the city funds sufficient to reimburse the city for the actual reasonable costs of the city's consulting engineer, attorney or other consultant and expert assistance to the City Council in connection with review of the application. The City Building Department will maintain a separate account for all escrow deposits.
(1) The city's consultants shall provide, at the Council's request, estimates and the basis for their charges and shall bill the city monthly for their services in reviewing such application and performing their duties. These monthly billings shall be charged against the applicant's escrow balance.
(2) If at any time during the review and approval process the applicant's escrow account shows a negative balance, additional funds must be submitted to the City Building Department before any further action can be taken on the application. If at the conclusion of the review and approval process the amount of such services is more than the amount escrowed pursuant hereto, the applicant shall pay the difference to the City Building Department prior to the issuance of any building permits or certificates of compliance, and in the event that the amount held in escrow by the City Building Department is more than the amount of the actual billing, the difference shall be refunded to the applicant.
§ 175-6. Contents of application.
A. Applications under this chapter must contain at least the information required by this section. The application must be verified by a responsible officer of the applicant. The landowner, if different than the applicant, shall acknowledge the application and verify that he is aware of the application and is aware that the city may deny the application or issue a permit with conditions. Where this section calls for certification, such certification shall be by a qualified person acceptable to the City of Mechanicville, unless otherwise noted. All applicants should seek preapplication meetings with the City Council.
B. The City Council will, upon the applicant's request, waive some of the provisions of this section in cases where the application is for a collocated facility or an effectively camouflaged (i.e. "stealth") facility. The applicant should seek a preapplication meeting with the City Council to review such a proposed application and settle the waivers or establish provisions which will help to expedite review and permit issuance for such applications. The purpose of such waivers or other alternative procedures shall be to expedite and minimize the cost to the applicant and the City of Mechanicville for review and permit issuance for collocation and other applications that meet the minimization and mitigation goals of this chapter.
C. An application for a permit under this chapter shall contain at least the following information:
(1) Name(s) and address(es) of the person(s) preparing the report and telephone number of a contact person.
(2) Name(s) and address(es) of the proposed property site owner, operator and applicant.
(3) Postal address and sheet, block and lot or parcel number of the proposed property site.
(4) Zoning district in which the proposed site is situated.
(5) A map showing the size of the proposed property site and the location of all lot lines.
(6) Location of nearest residential structure.
(7) Location of nearest habitable structure.
(8) Location of all structures on the proposed property site which is the subject of the application.
(9) Location, size and height of all proposed and existing antennas and all appurtenant structures and showing the "collapse zone" on the drawing.
(10) Type, size and location of all proposed and existing landscaping.
(11) The number, type and design of the tower and antenna(s) proposed, the basis for the calculations of tower and system capacity and the grounding for the installation.
(12) The make, model and manufacturer of the tower and antenna(s).
(13) A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
(14) The frequency, modulation and class of service of radio equipment.
(15) Transmission and maximum effective radiated power of the antenna(s).
(16) Direction of maximum lobes and associated radiation of the antenna(s).
(17) Applicant's proposed tower maintenance and inspection procedures and record systems.
(18) Certification by a qualified professional that NIER levels at the proposed site are within parameters adopted by the FCC.
(19) Certification by a qualified professional that the proposed antenna(s) will not cause interference with existing communication devices.
(20) Certification by a New York State licensed professional engineer that the tower and attachments as designed meet all structural requirements for such items as loads, wind, ice, etc. After construction, the applicant shall certify that, as built, the structure also meets all applicable requirements.
(21) A written statement wherein the applicant agrees to defend and indemnify the city and any of its servants, agents or employees from any and all claims made in connection with the siting, installation, construction, use or operation of the telecommunications tower and related facilities. In connection therewith, the applicant shall supply proof of insurance acceptable to the city.
(22) A copy of the FCC license applicable to the application.
(23) The applicant's plan for a period of at least two years for telecommunication facilities located or to be located in the city and all adjoining municipalities. The applicant shall identify and disclose the number and location of any additional sites that the applicant has, is or will be considering, reviewing or planning for any towers, antennas or related facilities in the city and all towns adjoining the city for a period of at least two years from the date of the submittal of the application.
D. The applicant shall demonstrate its review of proposed alternatives as required by this chapter. An applicant may not omit analysis of appropriate alternative sites of lesser impact on the grounds that the site presented is the only site leased or selected. An application shall address collocation as an option, and, if such option is not proposed, the applicant must explain why the option is not feasible.
E. In the case of an application for a new telecommunications tower, the application must examine the feasibility of designing a proposed tower to accommodate future demand for at least two additional commercial applications (i.e. future collocations). The tower must be structurally designed to accommodate at least two additional antenna arrays equal to those of the applicant and located as close to the applicant's antenna as possible without causing interference. The requirement to construct a tower that can accommodate collocation may be waived by the city, provided that the applicant demonstrates that the provision of future shared usage of the facility is not feasible and an unnecessary burden, based upon consideration such as, for example:
(1) The number of FCC licenses foreseeably available for the area;
(2) The kind of tower site and structure required;
(3) The number of existing and potential licenses without tower spaces/sites;
(4) Available spaces on existing and approved towers; and
(5) The potential for significant adverse visual impact of a tower designed for shared use.
F. The applicant may be required to address the impact upon property values in the neighborhood brought about by the proposed tower.
G. The applicant shall set forth alternative tower designs, color schemes and disguises for the telecommunications tower, antennas and related facilities, including a design which effectively camouflages the facility ("stealth facility") or avoids the use of a freestanding metal tower.
H. The applicant shall submit copies of its site prioritization and propagation studies or analyses.
I. The applicant shall submit a comprehensive report inventorying towers and other appropriate structures within four miles (unless the applicant can show that some other distance is more reasonable) of any proposed new tower site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.
J. The applicant shall submit a complete SEQRA long EAF Part 1 and visual EAF addendum Appendix D. The City Council may require submission of a more detailed visual analysis based on the results of the visual EAF.
K. The applicant shall submit a visual impact assessment which should include:
(1) A zone of visibility map to determine locations where the tower may be seen.
(2) Representations of before and after: views from key viewpoints both inside and outside of the city, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites, and from any other location where the site is visible to a large number of visitors or travelers. If requested by the applicant, the city, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key site assessment of the visual impact.
L. The applicant shall explain in detail its proposed method of effectively screening from view its proposed tower base and all related facilities.
M. The city may require the applicant to supply such further and additional information as it deems necessary in order to carry out its responsibilities under the law.
N. The City Code Enforcement Officer/Building Inspector shall determine the number of copies of the application which must be submitted. The applicant is encouraged to confer with the Code Enforcement Officer/Building Inspector to explore whether some portions of the application need not be reproduced in all copies. Absent a determination by the Code Enforcement Officer/Building Inspector, the applicant must submit 12 copies of the complete application.
§ 175-7. Terms and conditions.
A. An applicant must demonstrate to the City Council's satisfaction that the telecommunications tower, antenna(s) and related facilities will meet these conditions. In all cases the burden of proof shall be upon the applicant.
B. Applicants for telecommunications towers and antennas shall locate, erect and site said facilities in accordance with the following priorities:
(1) Collocation on existing towers or structures.
(2) Camouflaged or stealth facility.
(3) Locations where topography and cover minimize the visual impact.
(4) In industrial areas.
C. No new telecommunications tower which would have an adverse visual impact upon sensitive areas, historic sites or scenic places shall be approved. Modification of existing towers or addition of antennas to existing towers or stations in such sensitive areas may be acceptable, if otherwise consistent with this chapter. The City Council may establish a list of such areas.
D. At all times, collocation on existing towers and appropriately camouflaged use of existing or new structures shall be preferred over the proposed construction of new towers.
E. Towers shall be no higher than the minimum height necessary. Unless waived by the City Council upon good cause shown, the presumed maximum height will be 140 feet, based on three collocated antenna arrays and an ambient tree height of 80 feet.
F. If a new structure is required, structures that effectively camouflage the facility shall be preferred.
G. Except for good cause shown, towers shall not exceed the height requiring artificial lighting. Telecommunications towers shall not be artificially lighted or marked except as required by law. Towers shall be of appropriate materials and color to harmonize with the surroundings. Towers should be designed and sited so as to avoid application of lighting requirements.
H. Telecommunications towers shall be permitted one sign no larger than two square feet to provide adequate notification to persons in the immediate area of the antenna that it has transmission capabilities. The sign shall also contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as an emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. No other signage, including advertising, shall be permitted on any antenna tower, unless required by law.
I. Telecommunications towers and antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public. All antenna towers, monopoles and other supporting structures, including guy wires, shall be made inaccessible to persons and constructed or shielded in such a manner that they cannot be climbed or run into. Transmitters must be designed and installed such that any adjustments or controls that could cause the transmitter to deviate from its authorized operating parameters are readily accessible only to persons authorized to make such adjustments.
J. All proposed telecommunications towers and related facilities shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all ice fall or debris from a tower failure and preserve the privacy of any adjoining properties. Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district, or the setback shall be equal to 1/2 of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
K. All utilities leading to and away from any new telecommunications site shall be installed underground and in compliance with all the laws, rules and regulations of the city. The City Council may waive or vary the requirements of underground installation whenever, in the opinion of the City Council, such variance or waiver shall not be detrimental to the public health, safety, general welfare or environment, including the visual and scenic characteristics of the area.
L. All telecommunications towers and related facilities shall be sited to the maximum extent practicable to have the least adverse visual effect on the environment, visual viewshed and residences in the city.
M. Related facilities shall maximize the use of building materials, colors, textures and architectural styles designed to blend with the surroundings.
N. Existing on-site vegetation shall be preserved to the maximum extent possible, consistent, however, with the City Council's determinations concerning site plantings and screening.
O. There must be adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
P. In the event that a telecommunications tower and/or related facility is no longer used for the purpose specified in the application or the telecommunications tower and/or related facility ceases operations for a continuous period of 180 days, the City Council may, by resolution, after hearing held upon due notice, require the applicant or its successors or assigns to dismantle and remove such tower, structures and facilities from the site and restore the site (in the fashion as ordered by the City Council) within 90 days of receipt of written notice from the City Council.
Q. After construction and prior to receiving a certificate of compliance, the applicant shall provide certification acceptable to the city that the telecommunications tower is grounded so as to protect person and property and installed with appropriate surge protectors.
R. Telecommunications towers shall be designed so that in the event of failure they will fall within the setback area or collapse zone and not threaten neighboring properties.
S. Noise-producing equipment shall be sited and mitigated to produce the lowest possible off-site noise impact.
T. The City Council may require the applicant to accept, in writing, the terms and conditions of a permit.
U. The applicant shall disclose, in writing, any agreement in existence prior to submission of the application that would limit the ability of the applicant to share any new telecommunications tower.
V. No applicant or owner shall enter into any agreement that limits, prohibits or precludes, or has the effect of limiting, prohibiting or precluding, the right or ability of any person or applicant to share space on a telecommunications tower in the city.
§ 175-8. Hearing required; notice.
A. Prior to issuing a telecommunications facility siting permit, a public hearing shall be held by the City Council, notice of which shall be published in the official newspaper for the city no less than 10 days in advance. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 1,500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail or other reliable method acceptable to the city no less than 10 days in advance of the hearing. Proof of notification shall be submitted to the City Council at least seven days prior to the hearing.
B. The City Council will schedule the public hearing referred to above once it tentatively finds that the application is complete. The City Council, at any stage prior to issuing a permit, may require such further information as it deems necessary.
C. In order to keep neighboring municipalities informed and to facilitate the goal of collocation and shared use, an applicant who proposes a new telecommunications tower shall notify the legislative body of each municipality that borders the city and the Saratoga County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. Proof of this notification shall be submitted to the City Council at the time of application.
§ 175-9. Annual certification.
The applicant, its successors or assigns shall file annually with the city, within 30 days of the anniversary date of the permit, certification that the applicant, its successors or assigns are complying with its maintenance and inspection procedures, including all visual screening conditions in the permit; that the tower and related facilities are not a hazard or a threat to the health, safety and welfare of the public and to the environment; that RF emissions comply with current FCC or other applicable standards; that the insurance and financial undertakings required by this chapter are in effect; and that the facility is in use. If the applicant, its successors or assigns fail to make certification, the City Council, upon reasonable notice and giving the applicant an opportunity to cure, may by resolution revoke the permit.
§ 175-10. Issuance of permit.
A. The City Council may issue a permit or a permit with conditions or deny the application. Its decision shall be in writing and based on substantial evidence, upon a record. The burden of proof is upon the applicant.
B. Before the City Council issues any permit, it shall find that the applicant has complied with all requirements of this chapter.
C. The permit shall be comprehensive and not severable. If part of a permit is overturned by a competent authority, the permit shall be void in total.
D. The City Council may waive provisions or requirements of this chapter when such waiver advances the goals and purposes of this chapter or where particular provisions would impose a material adverse financial impact upon an applicant.
E. For good cause shown, the City Council may review a permit if industry or scientific standards raise new relevant information concerning the health and safety of the facility. Upon review, the City Council may require the applicant, its successors or assigns to take appropriate mitigation and abatement steps, to the extent allowed by law.
§ 175-11. Term and renewal of permit.
Permits shall be for a five-year term. The owner shall be entitled to renewal of the permit if the facility is in compliance with this chapter, is in compliance with all the permit conditions and is in compliance with all current applicable federal standards regarding RF emissions. Ninety days before the permit expires the owner may submit a brief written request for a permit renewal, certifying the compliance of the facility with this section. Within a reasonable time after receipt of the written request demonstrating compliance with this provision, the Code Enforcement Officer/Building Inspector shall issue a renewed permit, incorporating by reference the relevant conditions from the initial permit.
§ 175-12. Information for Assessor.
Before the building permit is issued for any telecommunications tower or facility, the applicant shall provide to the Assessor of the City of Mechanicville such information concerning the deed, lease or license as is reasonably required by the Assessor for real property tax purposes. The applicant or owner will have an ongoing duty to report the cost of any material improvements to the site. Such information may be exempt from public disclosure pursuant to Public Officers Law § 87, Subdivision 2, or similar provisions of law.
§ 175-13. Bond.
The applicant and the owner of record of any proposed property site shall be jointly required to execute and file with the city a bond or other form of security acceptable to the City Attorney and Mayor as to form and manner of execution in an amount deemed sufficient by the City Council for the faithful performance of the terms and conditions of the city law and permit. The bond or security shall remain in full force and effect until the removal of the tower and related facilities and site restoration.
§ 175-14. Enforcement; penalties for offenses.
A. The City of Mechanicville Building Department shall be charged with enforcing the terms and conditions of the permit and any ongoing obligations imposed by this chapter. The city, acting through its Building Department or other authorized agency, may enforce the conditions of a permit in a court of competent jurisdiction.
B. Violation of a condition of a permit is a violation of this chapter and is prohibited.
C. Violation of a permit condition shall be subject to a civil penalty of $100 per day for each violation. The city, acting through its Building Department or other authorized agent, may, in addition to any other remedy available, recover civil penalties through a civil action in a court of competent jurisdiction.

Chapter 178, TREES
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 59, Art. II, of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising -- See Ch. 64.
Parks and playgrounds -- See Ch. 144.
§ 178-1. Cutting down without permit prohibited.
No person, without the written permit of the Commissioner of Public Works, shall cut down, remove, break, cut, mutilate or injure any tree, plant or shrub in any of the streets or public places of the City of Mechanicville, including any space lying between the paved portion of the street and the sidewalk thereof.
§ 178-2. Penalties for offenses.148EN
Violation of this article shall be punishable by imprisonment for not more than 15 days or by a fine of not more than $250, or by both such imprisonment and fine.

Chapter 183, VEHICLES AND TRAFFIC
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 65 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise -- See Ch. 136.
Parks and playgrounds -- See Ch. 144.
Taxicabs -- See Ch. 172.
Play vehicles -- See Ch. 186.
Storage of vehicles -- See Ch. 189.
ARTICLE I, General Provisions
§ 183-1. Purpose.
This chapter is hereby declared to be for the preservation of peace, health, safety and property and a police regulation therefor.
§ 183-2. Adoption of statutory provisions. [Amended 9-9-1970]
The facts, rules and regulations governing traffic set forth in the Vehicle and Traffic Law of the State of New York and any and all subsequent amendments thereto and any and all relevant additional sections and subdivisions of the Vehicle and Traffic Law of the State of New York in such case or cases made and provided and insofar as the same are applicable to traffic in the City of Mechanicville are hereby ordained, adopted and put into full force and effect as ordinances of the City of Mechanicville and hereby control all of the streets and highways within the corporate limits of the City of Mechanicville as if the same were set forth herein in detail.
ARTICLE II, Through Streets and Stop Intersections
§ 183-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
OFFICIAL TRAFFIC SIGNS AND SIGNALS:
A. All signs, markings, devices and signals, including electrically operated signals, placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing, warning or regulating traffic. [Amended 3-28-1974]
B. A sign bearing the word "stop," with or without explanatory words, shall be sufficient to require a full stop.
§ 183-4. Through streets; stop intersections; location of traffic signs.
A. Through streets.
(1) The following main traveled arteries or major streets are hereby designated as "through streets" as defined by § 149 of the Vehicle and Traffic Law of the State of New York (Chapter 775 of the Laws of 1959):
(a) Broadway.149EN
(b) Chestnut Street.
(c) Elizabeth Street.
(d) Grand Street from its intersection with North Second Street to its intersection with North Sixth Street.
(e) Mabbett Street.
(f) North Central Avenue.
(g) North Main Street.
(h) Park Avenue.
(i) Park Place.
(j) Railroad Street.
(k) Saratoga Avenue.
(l) South Central Avenue.
(m) South Main Street.
(n) Spring Street.
(o) Stillwater Avenue.
(p) Viall Avenue.
(q) Walnut Street.
(2) All vehicles approaching any of these through streets shall, before entering the same, come to a full stop, unless otherwise directed by a peace officer or traffic control signal light or sign, provided that an appropriate and plainly visible sign stating the requirements of this subsection is maintained at or near the place where vehicles are required to stop.
(3) Specific intersections. [Added 9-13-1978]
(a) All vehicles approaching Depot Square in the City of Mechanicville from North Second Street, North Third Street and Elizabeth Street shall come to a full stop before entering said Depot Square, unless otherwise directed by a peace officer or a traffic control signal light or sign, provided that an appropriate and plainly visible sign stating the requirements of this subsection, upon standards approved by the New York State Traffic Commission, is maintained at the places where vehicles are required to stop. [Amended 8-20-1997]
(b) All vehicles proceeding in a northwesterly direction on Railroad Street shall come to a full stop in front of the building on the southeast corner of the Viall Avenue intersection with Railroad Street (known as the "Commercial Hotel") before proceeding in any direction, unless otherwise directed by a peace officer or a traffic control signal light or sign, provided that an appropriate and plainly visible sign stating the requirements of this subsection, upon standards approved by the New York State Traffic Commission, is maintained at the places where vehicles are required to stop.
B. [Amended 6-25-1975] Stop intersections. Every driver of a vehicle shall bring his vehicle to a full stop on each street enumerated in the first column below before entering the street opposite thereto in the second column below named, provided that an appropriate and plainly visible sign stating the requirements of this subsection is maintained at or near the place where vehicles are required to stop.
Name of Street At Intersection of

Broadway [Added Fifth Street
10-24-1979]

Broadway [Added Third Street
10-24-1979]

Chestnut Street [Added Fourth Street
11-13-1985]

Chestnut Street North Second Avenue

Chestnut Street [Added Seventh Street
11-13-1985]

Elizabeth Street Fifth Street
[Added 3-27-1985]

Elizabeth Street Seventh Street
[Added 3-27-1985]

Grand Street North Second Avenue

Grove Street William Street

Park Avenue [Added Fourth Street
7-26-1989]

Park Avenue [Added Second Street
7-26-1989]

Pittsburgh Avenue Walnut Street
[Added 10-24-1979]

Railroad Street Sheehan Street

Sheehan Street Round Lake Avenue

South Street Ellsworth Avenue

Spring Street First Street
C. Placing of traffic signs.
(1) The City Council shall by resolution designate at which intersections of the aforesaid through streets and stop streets stop signs shall be erected and the number of said signs to be erected. It shall be the duty of the Commissioner of Public Works, at the behest of the Chief of Police, to place traffic signs in conspicuous places at or near the curbs of the various locations in accordance with the provisions of this subsection indicating the special regulations applicable to such locations.
(2) Such signs shall be substantially in accordance with and placed upon standards approved by the New York State Traffic Commission's Manual of Uniform Traffic Control Service.150EN
§ 183-5. Penalties for offenses.151EN
Any person failing to obey any provision of this article or any sign, signal or marking established pursuant to this article shall be guilty of an infraction and, upon conviction, shall be punished in accordance with the provisions of § 1800 of the Vehicle and Traffic Law of the State of New York.152EN
ARTICLE III, One-Way Streets; Speed Limits; Turning Movements
§ 183-6. Definitions.153EN
A. The terms used in this article shall have the respective meanings as defined in and by Article 1 of the Vehicle and Traffic Law of the State of New York.
B. Whenever used in this article, the following terms shall have the meanings indicated:
OPERATOR -- Every individual who shall operate a vehicle as the owner thereof or as the agent, lessee, bailee, employee and/or permittee of the owner.
§ 183-7. One-way streets.
The following named streets are hereby designated and established as one-way streets:
A. Greenwood Avenue, from Main Street to Saratoga Avenue, is hereby designated and established as a one-way street. The one-way traffic on Greenwood Avenue shall proceed in the following direction only: from the direction of Main Street to Saratoga Avenue.
B. Mill Street, in an easterly direction from North Main Street to the east end thereof and thence southerly to River Street.
C. River Street, in a westerly direction from Mill Street to North Main Street.
D. William Street, in an easterly direction from North Central Avenue to North Main Street. Two-way traffic shall be permitted on that portion of William Street lying and being west of North Central Avenue from North Central Avenue to its terminus. [Amended 11-12-1975]
E. Grand Street, from North Third Avenue to North Second Avenue, is hereby designated and established as a one-way street. The one-way traffic on Grand Street shall proceed in an easterly direction only, from the direction of North Third Avenue toward North Second Avenue.
F. The Mabbett Street extension leading from Mabbett Street to Railroad Street in a northwesterly direction is hereby designated and established as a one-way street. The one-way traffic on the Mabbett Street extension shall proceed in a northwesterly direction only, from the direction of Mabbett Street toward Railroad Street. Traffic proceeding in a northwesterly direction along the Mabbett Street extension shall yield the right-of-way to all traffic proceeding on Railroad Street. No traffic shall enter the Mabbett Street extension from Railroad Street, and appropriate "Yield" and "Do Not Enter" signs shall be erected accordingly. [Added 9-9-1970]154EN
G. Canal Street, in a northerly direction from Mabbett Street to Burke Street. A stop sign shall be placed at the intersection of Burke and Canal Streets so as to cause traffic to stop before entering Burke Street. [Added 11-12-1975]
H. Fitchburgh Avenue, in a northerly direction from Saratoga Avenue to Gilbert Street. [Added 8-24-1977]
I. Gilbert Street, in an easterly direction from its point of origin at Fitchburgh Avenue to North Main Street. [Added 8-24-1977]
J. First Street in a southerly direction from its point of origin at Park Avenue to its point of termination at South Street. [Added 8-20-1997]
§ 183-8. Speed of motor vehicles.
No person shall operate a motor vehicle or motorcycle at a rate of speed in excess of 30 miles per hour on the highways of the city.
§ 183-9. Reverse turns prohibited.
It shall be unlawful for any person operating a motor vehicle to make a half-circle, reverse or U-turn in the traveled portion or roadway of the street on Park Avenue between the Delaware and Hudson Railroad crossing on the west and Main Street on the east and on North Main Street and South Main Street between Gilbert Street on the north and Green Street on the south.
§ 183-10. Penalties for offenses. [Amended 9-9-1970]
Any person operating a motor vehicle in violation of any section of this article shall be guilty of an infraction and, upon conviction, shall be punished in accordance with § 1800 of the Vehicle and Traffic Law of the State of New York (Chapter 775, Laws of 1959).
ARTICLE IV, Parking Restrictions
§ 183-11. No-parking zones. [Amended 5-28-1969; 9-9-1970]
A. The following no-parking zones are hereby established and designated, and parking thereon at any time of the day or night is hereby expressly prohibited and declared illegal and unlawful as follows:
(1) On both sides of Hill Street from its intersection with North Main Street. [Added 11-19-1997]
(2) On both sides of River Street.
(3) On both sides of Railroad Street between Park Avenue and Mabbett Street.
(4) On the north side of Burke Street.
(5) On the north side of William Street from North Main Street to Central Avenue.
(6) On the south side of Frances Street from the west end of the bridge over the Anthony Kill, also known as "Tenandaho Creek," easterly to North Main Street.
(7) On the north side of Frances Street from North Main Street westerly a distance of 300 feet.
(8) On both sides of Saratoga Avenue from Boston Avenue westerly to the corporate limits of the City of Mechanicville.
(9) On both sides of Terminal Street.
(10) On Saratoga Avenue in the area opposite the interception of Saratoga Avenue by William Street; on Main Street in the area opposite the interception of Main Street by Park Avenue; and on Park Avenue in the area opposite the interception of Park Avenue by Railroad Street.
(11) On any sidewalk and on the space between the sidewalk and the curbline of all streets in the City of Mechanicville.
(12) On the south side of Park Avenue between the west line of premises now occupied by BPOE 1403 and the railroad tracks of the Delaware and Hudson Railroad Corporation.
(13) On the west side of South Main Street between the north side of Ellsworth Avenue and a point 50 feet northerly thereof.
(14) On the north side of South Street from South Central Avenue westerly to a point 15 feet westerly of the west side of First Street or to the east side of Second Street.
(15) On both sides of South Central Avenue from the south side of South Street to the south boundary line of the City of Mechanicville, New York.
(16) On the easterly side of North Main Street within 20 feet south of the southerly curbline of River Street.
(17) On the easterly side of North Main Street within 20 feet north of the northerly curbline of River Street.
(18) On the east side of South First Avenue. [Amended 11-19-1997]
(19) On the northerly side of William Street.
(20) On the westerly side of Leonard Street.
(21) On the northerly side of Warsaw Avenue.
(22) On the northerly side of Grand Street between North Second Avenue and North Fourth Avenue.
(23) On the northerly side of South Street between First Avenue and South Second Avenue.
(24) On the westerly side of Railroad Street between Park Avenue and Broadway.
(25) On the southerly side of East Saratoga Avenue.
(26) On both sides of Saratoga Avenue for a distance of 31 feet extending easterly and westerly from the Boston and Maine Railroad tracks transversing said Saratoga Avenue.
(27) On the southerly and westerly sides of Greenwood Avenue on Monday, Tuesday and Wednesday of each week; on the northerly and easterly sides of Greenwood Avenue on Thursday, Friday, Saturday and Sunday of each week.
(28) On the east side of Viall Avenue from Saratoga Avenue north to the city line and on the west side of Viall Avenue from a point 50 feet north of the intersection of Viall Avenue and Saratoga Avenue north to the city line.
(29) On the east side of North Main Street, from Adams Street to the southerly extremity of the three-story brick building known as the "Selkis Block."
(30) On both sides of the entrance driveway leading from North Main Street to the rear of Kennedy Gardens. [Added 9-22-1971]
(31) On the east and west sides of that portion of Tallmadge Place which runs in a generally northerly and southerly direction. [Added 9-26-1973]
(32) On the west side of Pittsburg Avenue, from the intersection of Pittsburg Avenue and Saratoga Avenue to the intersection of Pittsburg Avenue and Walnut Street. [Added 9-26-1973]
(33) On either side of Tenendaho Lane, from its intersection with Viall Avenue easterly to a point, the same being the prolongation easterly of the south line of Disposition A-3 and also adjacent to the interior berm of Tenendaho Lane. [Added 5-10-1978]
(34) On either side of Warsaw Avenue between Stillwater Avenue and Mulberry Street. [Added 9-9-1981]
(35) Commencing from the corner of Warsaw Avenue and Stillwater Avenue, on the easterly side of Stillwater Avenue, a "No-Parking From Here to Corner" sign shall be erected at a point approximately 136 feet from said intersection, thence from the same intersection, no parking on the easterly side of Stillwater Avenue approximately 191 feet to the northerly corporation line on Stillwater Avenue. [Added 7-28-1982]
(36) On the south side of the length of Ensign Avenue in the City of Mechanicville, New York. [Added 11-10-1982]
(37) On Underwood Avenue at the end of the street on the south side, to include the parking lot, 125 feet. [Added 7-26-1989]
(38) On the north side of South Street from Central Avenue to South Third Street. [Added 3-20-1996]
(39) Ellsworth Avenue from its intersection with South Main Street to its intersection with South Street. [Added 11-19-1997]
(40) At the intersection of North Second Avenue and Broadway a distance of 15 feet from all four corners. [Added 11-19-1997]
(41) On the west side of Farrell Street. [Added 11-19-1997]
(42) On James Street and its East Way and West Way. [Added 11-19-1997]
(43) On the north side of Saratoga Avenue from William Street Extension to Boston Avenue. [Added 6-3-1998]
(44) On the west side of Main Street from Hill Street to Park Avenue, during the school session, from the hours of 7:00 a.m. to 4:00 p.m., excluding holidays. [Added 6-3-1998]
(45) On the west side of Main Street from William Street to Park Avenue during the school session, from the hours of 7:00 a.m. to 4:00 p.m., excluding holidays. [Added 7-25-1998]
B. The following no-parking zones are hereby established and designated, and parking thereon at any time of the day or night is hereby expressly prohibited and declared illegal and unlawful with the exceptions hereto as follows:
(1) On both sides of North Main Street commencing at the Town of Stillwater and the City of Mechanicville, New York, corporation line and extending south on the west side of North Main Street about 950 feet to the south end of a fence of the West Virginia Pulp and Paper Company at a point on the west side of North Main Street; also extending from said corporation line south along the east line of North Main Street about 1,200 feet to the south end of the fence of the West Virginia Pulp and Paper Company located on the east side of North Main Street.
(2) A thirty-minute parking zone is hereby created for no more than four vehicles on the west side of North Main Street at a point commencing 120 feet south of the southeast corner of the Personnel Building of the West Virginia Pulp and Paper Company and running south along the west side of said North Main Street for a distance of 100 feet south from the place of beginning. A thirty-minute parking zone is also created at a point commencing 25 feet south of the south side of the West Virginia Pulp and Paper Company gate known as the "paper loading gate" and extending south on the east side of North Main Street 100 feet from the point and place of beginning.
(3) On both sides of South Central Avenue south of South Street.
(4) A ten-minute parking zone is hereby created for no more than three vehicles on the west side of South Main Street from a point on the westerly side of South Main Street 52 feet south of the southwest corner of Park Avenue and South Main Street running thence south along the westerly line of South Main Street a distance of 75 feet from the point of beginning.
(5) A ten-minute parking zone is hereby created for no more than four vehicles on the east side of South Main Street from a point in the easterly line of South Main Street 175 feet south of the southerly line of Park Avenue if extended and running thence south along the easterly line of South Main Street a distance of 100 feet from the point of beginning.
§ 183-12. Alternate parking.
A. Except as when otherwise specifically provided by ordinance, there shall be alternate parking on all the streets of the City of Mechanicville, as follows:
(1) On Monday, Tuesday and Wednesday of every week, there shall be parking of vehicles only on the northerly and westerly sides of all streets.
(2) On Thursday, Friday and Saturday of every week, there shall be parking of vehicles only on the southerly and easterly sides of all streets in the city.
(3) On Sundays, parking shall be permitted on both sides of all streets, except Saratoga Avenue, East Saratoga Avenue and Hill Street, where on Sundays parking shall be permitted on the south side only. [Amended 9-9-1970]
(4) Alternate parking patterns the length of Railroad Street. [Added 4-26-1978]
(a) On Thursday, Friday, Saturday and Sunday of every week, there shall be parking of vehicles only on the westerly side of Railroad Street, adjacent to the railroad right-of-way.
(b) On Monday, Tuesday and Wednesday of every week, there shall be parking of vehicles only on the easterly side of Railroad Street.
B. [Amended 12-12-1973] These provisions for alternate parking do not apply to the following streets, where parking shall be permitted on both sides of the street at all times, except as otherwise provided by law:
(1) Park Avenue, from Main Street to the Delaware and Hudson Railroad crossing: no parking either side from 3:00 a.m. to 5:00 a.m.; also, no vehicle shall be permitted to remain parked on Park Avenue, from Main Street to the Delaware and Hudson Railroad crossing, for a period in excess of two hours, from 8:00 a.m. to 5:00 p.m. This provision shall not apply on Sundays or legal holidays.
(2) Railroad Street, on the easterly side.
(3) Central Avenue, from South Street to Saratoga Avenue: no parking from 3:00 a.m. to 5:00 a.m.; also, no vehicle shall be permitted to remain parked for a period in excess of two hours on the east side of Central Avenue, beginning at the northerly boundary of property now owned by the Presbyterian Church to the southerly boundary of the Powers Market driveway, from 8:00 a.m. to 5:00 p.m. This provision shall not apply on Sundays or legal holidays.
(4) Main Street from Tallmadge Place to Saratoga Avenue: no parking from 3:00 a.m. to 5:00 a.m.; also, no vehicle shall be permitted to remain parked for a period in excess of two hours from Tallmadge Place to the Hudson River Bridge, from 8:00 a.m. to 5:00 p.m., except for the easterly side of Main Street from River Street to Adams Street. This provision shall not apply on Sundays and legal holidays.155EN
(5) Hill Street from Central Avenue to North Main Street. [Added 8-20-1997]
(6) Main Street. [Added 8-20-1997]
§ 183-13. Fire lanes. [Added 9-8-1982 by L.L. No. 4-1982]
A. No-parking zones. The stopping, standing or parking of vehicles, whether occupied or not, is prohibited along the curb on North Main Street into the parking lot driveway of the Senior Citizens Mid-Rise Building for 264 feet, thence 120 feet along the front of the Senior Citizens Mid-Rise Building.
B. Violation hereof shall constitute a traffic infraction, and every person convicted hereunder shall be punishable by a fine of $25 or by imprisonment for not more than 10 days, or by both such fine and imprisonment.
C. The Commissioner of Public Works is hereby authorized to erect and post signs as will properly designate the above described areas as no-parking and fire lane areas.156EN
§ 183-14. Bus stop zones.
A. The Chief of Police and/or the Commissioner of Public Works is hereby authorized to establish bus stop zones on North Main Street and South Main Street. Bus stop zones shall be clearly marked and designated with proper and adequate signs and/or painted lines and words upon the street. The following zone is hereby designated as a parking zone for omnibuses for the purpose of receiving and discharging passengers: on the west side of North Main Street a distance of 75 feet from the north line of Park Avenue.
B. It shall be unlawful and illegal for any person to park a motor vehicle in any space established and designated as a bus stop zone.
§ 183-15. Dead storage. [Amended 4-16-1997]
It shall be unlawful for any person to use any street of the city for dead storage of any motor vehicle, as defined by the Vehicle and Traffic Law of the State of New York, trailer or boat or any other object that will prevent licensed vehicles from parking. Failure to move a vehicle, boat or trailer or object from a given location for a period of 48 hours shall constitute a presumption that said vehicle, boat or trailer is in dead storage at that location.
§ 183-16. Use of streets for motor vehicle repairs.157EN
Except for temporary emergency repairs, it shall be unlawful and illegal to use any street within the corporate limits of the City of Mechanicville for the general repair of motor vehicles, including lubricating motor vehicles.158EN
§ 183-17. Removal of motor vehicles.
A. To aid and facilitate the proper cleaning of the streets of the City of Mechanicville, the Commissioner of Public Works or his properly constituted delegate and/or a member of the Police Department may, in the event that a motor vehicle is left unattended in violation of the prohibition against dead storage or in violation of any of the provisions of this chapter, remove or cause to be removed and conveyed such motor vehicle by or under the direction of a member of the Police Department by means of towing the same, or otherwise, to the motor vehicle pound, and such removal shall be at the risk of the owner of said motor vehicle.159EN
B. In the event that any motor vehicle is left on any street, avenue or highway in the City of Mechanicville unattended during any snowstorm or immediately thereafter, the Commissioner of Public Works or his properly constituted delegate or a member of the Police Department may, if said Commissioner of Public Works or his properly constituted delegate determines that a necessity exists for the removal of said motor vehicle to facilitate the plowing or cleaning and removal of snow or other substance from said streets, remove or cause to be removed and conveyed such motor vehicle by or under the direction of a member of the Police Department by means of towing the same, or otherwise, to the motor vehicle pound, and such removal shall be at the risk of the owner of said motor vehicle.
C. For the purposes of this chapter, the term "motor vehicle pound" shall mean any commercial garage in the City of Mechanicville having adequate and suitable equipment for the removal of said motor vehicles.
D. Before the owner or person in charge of any motor vehicle which has been removed to the motor vehicle pound shall be permitted to regain possession of such vehicle from the custody of the Police Department, he shall furnish evidence of his identity and of his ownership or right to possession of such vehicle, he shall sign a receipt for such vehicle and he shall pay to the City of Mechanicville any and all reasonable charges for towing, storage and incidental expenses in connection with impounding said motor vehicle.
(1) The removal and storage as provided herein shall be deemed to be for the purpose of the abatement of a nuisance.
(2) Such reasonable charges for towing, storage and other incidental expenses resulting from the impounding of said motor vehicle shall constitute a lien upon said motor vehicle in favor of the City of Mechanicville. In the event that the foregoing charges are not paid in full within 30 days after the said vehicle has been impounded, the City of Mechanicville may collect the same by selling said motor vehicle at public auction, provided a ten-day notice of sale has been served upon the registered owner of said motor vehicle, either personally or by registered mail directed to said owner's address as recorded with the Motor Vehicle Bureau of the State of New York, and copies of said notice of sale shall be filed with the City Clerk of the City of Mechanicville and with the Motor Vehicle Bureau of the State of New York. In the event of such a sale hereunder, the sale shall be conducted by the Commissioner of Accounts on authorization of the Council. The Commissioner of Accounts shall issue a certificate of sale to the purchaser and shall file copies thereof in the office of the City Clerk of the City of Mechanicville and with the Bureau of Motor Vehicles of the State of New York.
(3) Any excess money collected by the Commissioner of Accounts on such sale shall be held for the registered owner of such motor vehicle for a period of two years from the date of said sale. After two years, such excess money shall be transferred to the general fund of the City of Mechanicville, which shall have absolute title thereto, to be used for general municipal purposes designated by the Council.
E. The aforesaid charges set forth in this section shall be in addition to the penalty provided for the offense against the parking regulation or regulations.
F. The voluntary payment of the aforesaid charges and penalty shall be made at the Police Department of the City of Mechanicville, and in that event a prosecution under this section shall be barred.
G. The remedies and procedures provided in this section and its various subsections shall not be deemed to be exclusive remedies and procedures, however, and a police officer may, in lieu of impounding such motor vehicle, summon the owner, operator, chauffeur or driver of such motor vehicle to court to answer the charges of illegal parking in the regular manner made and provided for such cases.
§ 183-18. Placement of signs without permission.160EN
It shall be unlawful and illegal for any person or individual to erect or place a sign of any kind whatsoever which restricts or otherwise controls parking or parking space without permission of the Police Department.161EN
§ 183-19. Penalties for offenses.162EN
Any person failing to obey any provision of this article or operating a motor vehicle in violation of any provision of this article shall be guilty of an infraction and, upon conviction, shall be punished in accordance with the provisions of § 1800 of the Vehicle and Traffic Law of the State of New York.
ARTICLE V, Emergency Parking Restrictions
§ 183-20. Emergency or temporary no-parking zones.163EN
In an emergency or when just and reasonable cause is shown in the judgment of the Chief of Police or when he deems it necessary to maintain orderly traffic, the Chief of Police is hereby authorized to designate additional no-parking zones for the duration of the emergency or duration of the temporary period of necessity, but not for longer than one day. Such period may be extended upon the written approval of the Mayor or, in his absence or inability to act, with the written approval of such member of the Council designated to act in the place of the Mayor. The limits of such zones shall be indicated by appropriate signs and may be indicated in parking meter zones by placing hoods on the meters in such zones.
§ 183-21. Closing of streets.
A. The Commissioner of Public Works or his properly constituted delegate and/or the Police Department may, in cases of emergency or for temporary periods when in his or its judgment it is necessary to properly perform his or its duties, close any street in the City of Mechanicville by erecting appropriate signs and whole or partial barriers, and it shall be illegal and unlawful for any person to permit a motor vehicle to enter upon any street which has been closed as aforesaid.
B. [Amended 9-9-1970] Penalties for offenses. Any person operating a motor vehicle in violation of any section of this article shall be guilty of an infraction and, upon conviction, shall be punished in accordance with § 1800 of the Vehicle and Traffic Law of the State of New York (Chapter 775 of the Laws of 1959).
§ 183-22. Snow emergencies.164EN
A. Declaration of snow emergency; parking prohibited.
(1) A snow emergency in the City of Mechanicville shall become automatic two hours after the accumulation of snow within the city to a level of three inches. The level of three inches which shall automatically invoke the provisions of this section shall be as officially measured by the Department of Public Works at the Public Works Complex located at 464 Hasbrouck Avenue, Kingston, New York. The Superintendent of Public Works or his representative shall notify the Police Department and the news media that a snow emergency is in effect.
(2) Upon the declaration of a snow emergency pursuant to Subsection A(1) of this section, the snow emergency shall remain in effect until such time as appropriate notice is given by the Superintendent of Public Works or his representative to the Police Department and the news media.
(3) If at any time the accumulation of snow reaches a level of three inches after the hour of 12:00 midnight and prior to 8:00 a.m. the following morning, the provisions of this section shall not be enforced until the hour of 8:00 a.m. that same morning.
(4) No car shall be parked on a public street within 24 hours of the termination of a snow emergency, unless said street has been fully plowed by the Department of Public Works. Any car interfering with the removal of snow during the 24 hours following the termination of a snow emergency shall be subject to the penalties provided hereinafter.
(5) The Department of Public Works shall post signs at the main highway entrances to the City of Mechanicville advising the general public of the provisions of this section.
(6) The City of Mechanicville Police Department is hereby authorized and directed to take the necessary actions to enforce the provisions of this section, including the towing of vehicles in violation of this section, as set forth below.
(7) A violation of this section shall be punishable by a fine not to exceed $15 and, in addition, the violator shall be responsible for all fees for towing as set forth below.
(8) This section shall be in effect commencing the 15th day of November each year and continuing until the 15th day of March the following year.
B. Restricted vehicular parking during snow emergency.
(1) During a declared snow emergency the following parking restrictions shall apply:
(a) Upon commencement of a snow emergency, all vehicular parking on the odd-numbered side of all city streets is prohibited for a twenty-four-hour period.
(b) After 24 hours from the designated snow emergency commencement, vehicular parking on the even-numbered side of all city streets is prohibited for the succeeding twenty-four-hour period.
(2) After 48 hours have elapsed from the commencement of the snow emergency, the snow emergency will be officially declared ended, unless such emergency is continued as specified in Subsection A(2).
C. Removal of vehicles by city; responsibility. In addition to the penalty specified in Subsection A(7), any vehicle parked, stalled or otherwise unable to be moved during any snow emergency in violation of the provisions of this section or any rules and regulations promulgated pursuant hereto may be towed or caused to be removed under the direction of the Police Department. The vehicle shall be towed at the vehicle owner's expense, and such towing charge shall be paid prior to the release of such vehicle.
ARTICLE VI, Handicapped Parking Zones [Added 2-8-1984]
§ 183-23. Creation of zones.
A. Pursuant to statutory authority provided by the Vehicle and Traffic Law of the State of New York, § 1640-a, Subdivision 6; § 1640, Subdivision (a)17; and § 1203-b, Subdivision 2, the following areas are established and designated as handicapped parking areas:
(1) An area in front of the brick building now occupied by the Mechanicville Public Library, on the west side of South Main Street, beginning 105 feet south of the southwesterly corner of the intersection of Main Street and Park Avenue and running thence south a distance of 28 feet.
(2) An area in front of the Mechanicville Middle School, on the east side of North Main Street, beginning 100 feet north of the northeasterly point of the intersection of Main Street and Park Avenue and running thence north a distance of 35 feet.
(3) An area in front of Mechanicville City Hall (Municipal Building) on the east side of North Main Street, beginning at the northeasterly corner of the intersection of North Main Street and Terminal Street and running thence north a distance of 28 feet.
B. The Commissioner of Public Works is hereby authorized to erect and post handicapped parking signs and to paint the appropriate curbing in the above-designated areas. The Commissioner is also authorized to establish and designate, upon recommendation of the Traffic Commission, such other handicapped parking areas as may be necessary.165EN
C. Stopping, standing or parking of vehicles, whether occupied or not, is expressly prohibited in the above areas designated by this section, with the exception of vehicles being used for the transportation of a handicapped person which display a special handicapped parking permit issued by the City of Mechanicville pursuant to § 1203-a of the Vehicle and Traffic Law of the State of New York or which are registered pursuant to § 404-a of the Vehicle and Traffic Law of the State of New York.
§ 183-24. Enforcement; penalties for offenses.
The provisions of this article shall be enforceable by the Mechanicville Police Department, and a violation and conviction hereunder shall constitute a traffic infraction punishable in accordance with § 1800 of the Vehicle and Traffic Law of the State of New York.
ARTICLE VII, Weight Limits [Added 4-21-1999]
§ 183-25. Residentially zoned areas.
No vehicle is to exceed a weight load limit of 10 tons (20,000 pounds) in any residentially zoned district within the City of Mechanicville, except for emergency or utility vehicles or vehicles used for local pickup and deliveries on such streets. County and state highways within the city limits are excluded from this article, as well as the following heavy truck routes (exceeding 10 tons) within the city: North and South Central Avenue, North Main Street from Williams Street north, Saratoga Avenue, Mabbett Street, Railroad Street, Park Avenue east of First Street, Viall Avenue, Industrial Park Drive and Davenport Street to Viall Avenue.
§ 183-26. Restricted hours.
No vehicle exceeding a weight load of 10 tons (20,000 pounds) shall be operated in any residentially zoned district within the City of Mechanicville between the hours of 6:00 p.m. and 7:00 a.m., with the exception of county and state designated highways running through the city.
§ 183-27. Penalties for offenses.
Violation of this article shall be deemed an offense and shall be deemed punishable by a fine of $250 or 15 days' imprisonment, or both.

Chapter 186, VEHICLES, PLAY
[HISTORY: Adopted by the City Council of the City of Mechanicville 3-27-1991 (Ch. 66 of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds -- See Ch. 144.
Vehicles and traffic -- See Ch. 183.
§ 186-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PLAY VEHICLE -- Any device, not powered by a motor, used for propelling or transporting one or more persons and of a type commonly used for recreation or entertainment purposes. The term "play vehicle" shall not include a bicycle or tricycle as defined in the New York State Vehicle and Traffic Law.
§ 186-2. Riding prohibited in certain areas.
No person shall ride or propel any play vehicle on any street, highway, sidewalk or public path within the area designated as the Central Business District as shown on the Zoning Map of the City of Mechanicville, New York.166EN
§ 186-3. Traffic infraction; parental responsibility; interpretation.
A. It is a traffic infraction for any person to do any act prohibited by or fail to perform any act required in this chapter.
B. The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of this chapter.
C. No part of this chapter shall be interpreted to alter, amend or exclude in any way the regulations provided in Chapter 183, Vehicles and Traffic, of this Code.
§ 186-4. Penalties for offenses.
Every person convicted of a violation of any provision of this chapter shall be punished by a fine not to exceed $25 or by impounding of such person's play vehicle for a period not to exceed 30 days, or by any combination thereof.

Chapter 189, VEHICLES, STORAGE OF
[HISTORY: Adopted by the City Council of the City of Mechanicville 4-16-1997 (Ch. 66A of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic -- See Ch. 183.
§ 189-1. Abandoned vehicles.
It shall be unlawful for any person within the City of Mechanicville, New York, to store or deposit, or allow to be stored or deposited, for a continuous period in excess of 30 days, except when garaged, any vehicle which has been so dismantled or parts removed therefrom or otherwise abandoned so that such vehicle becomes incapable of being operated or would be unable to pass the New York State inspection requirements as set forth in § 301 of Vehicle and Traffic Law. This regulation not only includes vehicles but parts or pieces thereof on any private property within the city.
§ 189-2. Unregistered vehicles in residential districts.167EN
No person shall be allowed to keep more than one unregistered motor vehicle and one motor home (RV), within any residential district of the city for a continuous period in excess of one year, except if said vehicle is garaged.168EN
§ 189-3. Unregistered vehicles in commercial/industrial district.
Except as otherwise provided by the Mechanicville City Code, no person or company shall allow more than three unregistered motor vehicles to be stored or housed within a commercial/industrial district for a continuous period in excess of 60 days, except if said vehicle(s) is garaged.
§ 189-4. Removal procedures.
Any motor vehicle found by the Code Enforcement Officer/Building Inspector or reported by the police in violation of this chapter will be addressed in the following manner:
A. The Code Enforcement Officer/Building Inspector shall serve written notice on the person owning the vehicle ordering such person to remove the same or cause the same to be removed within 10 days. The Code Enforcement Officer/Building Inspector may determine the ownership of any parcel of land in the city from the current assessment roll. If the vehicle is owned by a lessee, the owner of the property will be notified by a carbon-copy letter.
B. In the event that said vehicle(s) is not removed from the premises within the time required in the notice, the city shall have the right to enter upon the premises and to remove and dispose of the vehicle(s). The expense of such removal and disposal shall be a lawful charge against the vehicle owner or the owner of the premises and may be collected, if necessary, in a civil action instituted in the name of the city in accordance with the provisions of this chapter.
§ 189-5. Penalties for offenses.
Any person committing an offense against this chapter shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or to both a fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Chapter 194, WATER
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 67 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers -- See Ch. 158.
Streets and sidewalks -- See Ch. 164.
§ 194-1. Compliance required.
These rules and regulations are prescribed by the Commissioner of Public Works, and every person who shall be supplied or whose property shall be supplied with water by the Water Department of the City of Mechanicville must agree to comply and must comply with these rules and regulations, and the same shall constitute a part of the contract existing between such person and the Water Department.
§ 194-2. Application for permit.169EN
Applications for permits to connect service or supply pipes with either the city mains or curb connections must be made in writing to the Commissioner of the Department of Public Works by the owner of the premises or his agent, on blank forms provided for that purpose, setting forth the name of the street, the house or lot number, the name of the owner and when such service is to be installed.
§ 194-3. Tapping mains or distribution pipes.170EN
No person, other than a regular employee of the Water Department, shall be permitted to tap or make any connections with any city main or distribution pipe, and any other person or persons who shall tap or make any connection with any city main or distribution pipe shall incur and be liable to a payment of the penalty of $1,000, and the water shall be shut off from such unauthorized connection.
§ 194-4. Payment for tapping mains and supplying meters.
No meter tap or connection with any main shall be made until there has been paid to the Commissioner of Accounts a sum, to be determined by the Commissioner of Public Works or his agent, sufficient to defray the expenses of excavating and backfilling necessary trench, tapping water main and furnishing and installing meter, service pipe, fittings and curb box. The actual cost of work and material will be deducted from the deposit and the balance refunded to the owner. The service line from curb cock to meter must be furnished and maintained by the owner. The service line from the main to the curb cock will be maintained by the Water Department.
§ 194-5. Stop and waste cock.
Just inside the basement or foundation wall of the building into which the service pipe extends, a stop and waste cock shall be conveniently located and arranged so that the water may be shut off to repair the meter.
§ 194-6. Steam boilers.
In all places where steam boilers or hot-water tanks are supplied with water from the city water mains, the owner or consumer must see that the plumber places, and it is hereby required that there be placed, a suitable safety valve, vacuum valve or other proper devices to prevent damage from collapse or explosion when water is shut off. The Water Department, its employees or the City of Mechanicville shall not be liable for any damage resulting from the sudden shutting off of the supply of water from any steam boiler or from any fixture deriving its supply from the city water works.
§ 194-7. Number of services.
In no case, except in that of mills and factories, shall permission be granted to supply two or more premises from a single tap, nor shall there be more than one service supply pipe to any premises without special permission, in writing, from the Water Superintendent.
§ 194-8. Maintenance of service pipe.
The owner of property into which water is introduced by a special pipe will be required to maintain in perfect order, at his own cost and expense, said service pipe from curb cock to his own premises, including all fixtures therein provided for delivering or supplying water for any purpose, and the curb box must be kept in view and the top thereof even with the sidewalk or street grade at all times and in a serviceable condition. In case such service and fixtures are not so kept in repair the water may be shut off from the premises until the requirements of this rule are complied with. The Water Department may make such repairs as are necessary to conform to this rule and may charge the cost thereof to the owner of the property wherever this rule is violated. The city may collect such cost from the owner of such property, and the water may be shut off from such property until such charges are paid.
§ 194-9. Protection from freezing.
Service pipes in buildings shall be located in parts thereof best protected from frosts. In buildings where there is no cellar, the pipes shall be carried to the center of the building or to an unexposed part previous to being carried upward. In all cases where the service pipes pass through areas of basements having windows, grating or traps open to the weather, the openings shall be closely covered and the windows and doors closed to the outside air during the cold weather. In all exposed situations the service pipes and fixtures shall be properly wrapped with felt or other nonconducting substance if necessary to protect said service from freezing. Said protection shall be at the expense of the owner.
§ 194-10. Right of entry.171EN
Employees of the Water Department, upon presentation of a badge, identification card or insignia identifying him/her as a Water Department employee, may enter and must be permitted to enter upon any premises, at all reasonable hours, for the purpose of inspecting the meter and all work in connection with the service.
§ 194-11. Shutting off water.
A. Water may be shut off by the Water Department from any service or main for the purpose of making or constructing new work or making repairs in the water system or of enforcement of payment of moneys or charges due the city and Water Department for water supply and for other matters in accordance with these rules and regulations. In case of making or constructing new work or of making repairs, the right is reserved to shut off the water from any consumer, with notice, for as long a period as may be necessary. Except as otherwise stated in these rules and regulations, three days' written notice will be given to the owners of the premises, as shown by the last assessment roll of said city, by mail, addressed to them at such premises, before the water is shut off for nonpayment or violation of rules. It is understood and agreed, however, that the Water Department or the City of Mechanicville shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where no notice is given.
B. When the water supply has been shut off for a failure to comply with these rules and regulations, it shall not again be turned on, except by the Water Department, until compliance is made with these rules and regulations in the matter and payment made by the owner of the premises concerned to the Commissioner of Accounts of all expenses incurred by the Water Department in so shutting off such water supply, and an additional charge of $10 for turning on water, which must be paid in advance. Any person who shall be found guilty of turning on such water supply contrary to the provisions of this rule shall be liable to a fine of not exceeding $1,000 and, in default of payment thereof, to imprisonment of one day for each dollar of such fine remaining unpaid.172EN
C. In case any provision of these rules is not complied with at any premises or the owner of any premises fails to do any matter required to be done by him in accordance with these rules and regulations or such owner fails to make any payment of money payable to the City of Mechanicville or the Water Department under or in accordance with these rules and regulations or any payment of water rents or rates due to the City of Mechanicville or Water Department for supply of water or otherwise with reference to such premises, the Water Department may shut off the water supply from such premises until such provision of these rules is complied with, such matter is done and such payment is made. When any water supply is so shut off, no advance payment made to said city for the supply of water at such premises, or any part of such payment, need be refunded by reason of such shutting off of such water supply.
§ 194-12. Change of pressure.
The City of Mechanicville, or Water Department, shall not be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change in or increase of water pressure or the shutting off of the same from any cause whatever.
§ 194-13. Supply to service outside city.
Persons outside of the city limits desiring a supply of water in a private main or supply pipe must agree to comply, and must comply, with the rules and regulations of the Water Department. Any addition to, or connection with, such private mains or supply pipes for the purpose of supplying water to other premises shall not be made until a written permit is granted by the owner of said pipes to the party or parties desiring such connections and a copy thereof is filed with the Commissioner of Accounts and said party or parties agree to comply with the rules and regulations of the Water Department. The Water Department reserves the right to refuse to permit such outside connections and to discontinue the supply of water from the same at any time.
§ 194-14. Temporary supply.
Temporary supplies of water will be furnished only upon application to the Commissioner of Accounts, in writing, in such form as provided in § 194-2 hereof. Such application may be granted and a permit issued thereon by the Commissioner of Accounts upon the payment to him by the applicant of the sum of $25 as a deposit. Upon the termination of the temporary supply hookup, the Commissioner of Accounts shall refund to the applicant the amount so deposited, retaining, however, for the use of the city, such amount as may be owed to the city for the use of water by such applicant or for such temporary hookup.
A. Unless the water supplied through any temporary hookup shall have been measured by a meter installed at the direction of the Commissioner of Public Works, a charge of $5 per week shall be made for water supplied under such temporary hookup. The Commissioner of Public Works shall have the authority to order or to dispense with the installation of a meter in any temporary supply line.
B. Permits under this rule shall expire 35 days from the issuance thereof and may be revoked at any time prior to the expiration of such period by the Commissioner of Public Works.
C. When temporary connections are made with a fire hydrant, standard hydrant wrenches and reducing caps shall be used. Any person or persons who shall make connections with hydrants contrary to the provisions of this rule shall be punished as provided by § 194-11C hereof.
§ 194-15. Repairs to meters.
All repairs to meters shall be made by regular employees of the Water Department only. Repairs to five-eighths-inch, three-fourths-inch and one-inch meters made necessary by ordinary wear and tear will be furnished by the Water Department at the expense of the owner thereof. Larger meters will be repaired at the expense of the owner thereof. Repairs to any meter made necessary by misuse, hot water or freezing must be paid for by the property owner. When a meter becomes so worn or damaged that replacement is necessary, it must be replaced at the expense of the property owner. Upon refusal of the owner to pay for such repairs or replacements, the water will be shut off and not turned on again until said charges are paid.
§ 194-16. Seals.
All meters shall be sealed, and seals must not be broken by other than regular employees of the Water Department.
§ 194-17. Testing.173EN
Persons making complaints as to the correctness of meter bills and claiming to be overcharged can, by applying to the office of the Water Superintendent within 10 days after meter bills have become due, have the meter examined and dial reread by depositing the cost of the projected test at the Commissioner of Accounts' office and making a written request to have the meter taken out and tested. The cost of the test shall be the responsibility of the applicant. The Commissioner of Accounts is authorized to correct any charge due to a fault in the meter or to incorrect reading of the dial but shall not have the power to reduce meter bills for any other reason whatsoever.
§ 194-18. Reading meters.
Meters will be read every six months by a regular authorized agent of the Water Department wearing a badge inscribed "Inspector, Water Department, Mechanicville, New York." Only persons wearing such badge should be recognized.
§ 194-19. Water bills.
Bills for water shall be payable at the office of the Commissioner of Accounts in April and October in each year.
§ 194-20. Default in payment of water bills.
The public will be notified by the Commissioner of Accounts by a notice in the official newspaper of said city when water bills are due. Such announcement shall have the same effect as if bills were mailed to each consumer. In case of default of payment for the period of 10 days of a water bill after the same is due, the Water Department may shut off the water supply at the premises to which such bill relates until such bill is paid.
§ 194-21. Penalty added to unpaid water rents.174EN
The Commissioner of Accounts is hereby authorized and directed to add a penalty to water rents unpaid as follows: a penalty of 2% shall be due if the outstanding bill is not paid within 30 days of the due date. For each month thereafter, 1% shall be imposed until the water rents are fully paid.
§ 194-22. Failure to have repairs made.
No rebate from any water bill will be made in cases where the charges result from the failure on the part of the owner or consumer to promptly repair any broken, frozen or defective fixture or service.175EN
§ 194-23. Damage to hydrants.
In case any damage to a street hydrant is done by a person having a permit and taking water from said hydrant for construction or other uses, the holder of the permit shall pay such damages and all costs and expenses that may be incurred by reason thereof on demand to the City of Mechanicville, and in addition thereto his permit may be revoked.
§ 194-24. Obstruction of hydrants.
Any person placing any obstructions that would prevent free access to any fire hydrants shall be liable to a fine of $10 and $5 additional for every two hours such obstruction shall remain after receiving notice thereof and, in default of payment of such fine, to imprisonment of one day for every dollar of such fine remaining unpaid.176EN
§ 194-25. Disturbing valve box.
Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key or who has covered a valve box or a manhole cover of a valve chamber with dirt, paving, plank or other material shall immediately replace the valve box and remove the obstruction. Any person found guilty of violating the provisions of this rule shall be punished in the manner provided by § 194-27 hereof.
§ 194-26. Cross-connections.
A. No connection shall be made between the city water system and any other water supply whatsoever. Any such connections now existing shall be removed.
B. Persons or corporations desiring to use a private water supply in conjunction with the city water system must apply to the Commissioner of Public Works for permission and must file a plan of proposed connections in the office of the Commissioner of Public Works. Such plan will be approved, and use thereof permitted, if the piping arrangements are such that the city system is entirely disconnected during the use of the private supply.
C. No sink, lavatory, urinal, water closet, laundry tray or any other fixture, device or tank shall be connected to the city water system in such a manner that, either by reason of its construction or connections, under conditions of low pressure, insufficient water supply or any other reason whatsoever, unpotable or contaminated water contained in such fixtures can be returned to the city water system by syphonage.
§ 194-27. Penalties for offenses.177EN
Any person violating any provision of these rules and regulations shall be guilty of a misdemeanor and, upon conviction, shall be liable to and punished by a fine not exceeding $1,000 or imprisonment not exceeding one year, or both such fine and imprisonment, except as otherwise provided in these rules and regulations.
§ 194-28. Meter rates. [Amended 1-22-1969; 3-28-1974; 9-13-1978; 11-23-1983; 3-29-1989; 3-15-1995]
The following rates shall be the charge for the use of water from the Mechanicville Water Department and shall be a charge against the owner of the property wherein the water is consumed and shall be a lien on such real property wherein such water is consumed:
A. Rates for filtered water for residents of the City of Mechanicville shall be $1.76 per 100 cubic feet per six-month period, effective October 1, 1997. [Amended 8-20-1997]
B. For users of filtered water outside the city limits of the City of Mechanicville who are not in an incorporated water district or who do not purchase water from the City of Mechanicville by contract, the charge for use of water for each six-month period shall be $3.17 per 100 cubic feet.
C. Users of water outside the city limits of the City of Mechanicville who purchase water pursuant to a contract with the City of Mechanicville shall be governed by the provisions of their individual contracts as negotiated from time to time.
D. The rates established pursuant to this section will become effective on April 1, 1995.

Chapter 200, ZONING
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 70 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment -- See Ch. 62.
Building construction and fire prevention -- See Ch. 80.
Flood damage prevention -- See Ch. 111.
Telecommunications facilities -- See Ch. 175.
ARTICLE I, General Provisions
§ 200-1. Purpose.178EN
For the purposes enumerated in the General City Law, the City Council of the City of Mechanicville in the County of Saratoga, under the authority of said General City Law, hereby ordains, enacts and publishes this chapter.
§ 200-2. Title.
This chapter shall be known and may be cited as the "City of Mechanicville Zoning Ordinance."
§ 200-3. Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.
§ 200-4. Repealer.
The ordinance entitled "An ordinance regulating and limiting the height and bulk of building hereafter erected, and regulating and determining the area of yards, courts and open spaces, and regulating the density of population, and regulating and restricting the location of trades and industries and the location of buildings designed for specific uses and establishing the boundaries of zones for the said purposes, and providing penalties for the violation of its provisions," adopted in 1944, and all amendments and changes thereto, is hereby repealed and declared to be of no effect as of the effective date of this chapter.
ARTICLE II, Word Usage and Definitions
§ 200-5. Word usage.
For the purpose of this chapter, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural; words used in the present tense include the future tense; the word "person" includes a corporation as well is an individual; the word "lot" includes the word "plot" or "parcel"; the word "shall" is always mandatory; and the word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
§ 200-6. Definitions.
For the purpose of this chapter, certain terms or words herein shall be interpreted as follows:
ACCESSORY USE -- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATION, STRUCTURAL -- Any change in the supporting members of a building, such as bearing walls, footing foundations, columns, beams, girders, floor joists or roof rafters.179EN
AREA, BUILDING -- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, NET SITE -- The total area within the property lines, excluding external streets.
BASEMENT -- A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BOARDINGHOUSE -- Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals. A rooming house or a furnished rooming house shall be deemed a boardinghouse.
BUILDING -- Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY -- A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is situated.
CELLAR -- An enclosed space within the foundation walls of a building and having more than 1/2 of its height below the average level of the adjoining ground. In no event shall a cellar be considered a dwelling.
CLUB, MEMBERSHIP -- An organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COURT, INNER -- A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER -- A court extending to a street line or opening upon any front, side or rear yard.
COVERAGE -- That percentage of the plot or lot area covered by the footprint of the building area.180EN
DUMP -- A lot or land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING -- A building designed or used as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include an automobile court or rooming or tourist home.
DWELLING, MULTIPLE -- A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
DWELLING, ONE-FAMILY -- A detached building containing one dwelling unit only.
DWELLING, TWO-FAMILY -- A detached building containing two dwelling units.
DWELLING UNIT -- A dwelling or portion thereof providing complete living facilities for one family.
FAMILY -- One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.181EN
FLOOR AREA OF A BUILDING -- The sum of the gross horizontal area of all of the floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.182EN
GARAGE, PRIVATE -- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC -- Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION -- Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.
GRADE, FINISHED -- The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HOME OCCUPATION:
A. An occupation or a profession which:
(1) Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;
(2) Is carried on by a member of the family residing in the dwelling unit;
(3) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
(4) Which conforms to the following additional conditions:
(a) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(b) Not more than one person outside the family shall be employed in the home occupation.
(c) There shall be no exterior display, no exterior sign (except as permitted under Article VIII), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
B. In particular, a home occupation includes but is not limited to the following:
(1) Art studio.
(2) Dressmaking.
(3) Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same.
(4) Teaching, with musical instruction limited to a single pupil at a time.
HOSPITAL -- Unless otherwise specified, the term "hospital" shall be deemed to include a sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL -- A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building. Any hotel providing vehicular access within 20 feet of the entrance of more than 1/2 the guest rooms shall be deemed to be a motel.
JUNKYARD -- A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LOT -- A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.
LOT, CORNER -- A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, DEPTH OF -- A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, INTERIOR -- A lot other than a corner lot.
LOT, THROUGH -- An interior lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH OF -- The mean width measured at right angles to its depth.
MOBILE HOME -- Any portable vehicle which is designed to be transported on its own wheels or those of another vehicle and which is used, designed to be used and capable of being used as a detached single-family dwelling. [Added 6-25-1969]
MOBILE HOME LOT -- A portion or parcel of land considered as a unit which is used or occupied by a mobile home and the customary accessories and open spaces belonging to the same. A mobile home lot shall have the same requirements as any residential building lot. [Added 6-25-1969]
MOBILE HOME PARK -- Any parcel of land or a combination of adjacent parcels of land which is planned and improved for the placement of two or more mobile homes. [Added 6-25-1969]
MOTEL -- A building or group of buildings used, rented or hired out to be occupied for sleeping purposes by guests, generally on a transient basis, with a provision for close vehicular access to the guest rooms by the guest room user.
NONCONFORMING USE -- A building, structure or use of land which lawfully existed prior to the time of adoption or amendment of this chapter but which does not conform to the regulations of the district or zone in which it is situated by reason of said adoption or amendment.183EN
NURSERY SCHOOL -- A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOME -- Any dwelling with fewer than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OPEN SPACE -- An unoccupied space open to the sky on the same lot with the building. Where such space is required, it shall be not less than 250 square feet for each dwelling unit, may be located in a required yard and shall be located and designed to be usable for play space for small children, laundry drying or other open use. Driveway or parking areas shall not be included in such space.
PARKING SPACE -- An off-street space available for the parking of one motor vehicle and having a rectangular area of not less than 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.184EN
STORY -- That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
STREET -- A public or private way which affords the principal means of access to abutting properties.
STREET GRADE -- The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STRUCTURE -- Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.185EN
YARD -- An unoccupied space open to the sky on the same lot with a building or structure.
YARD, FRONT -- An open, unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.
YARD, REAR -- An open, unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE -- An open, unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
ARTICLE III, Establishment of Districts
§ 200-7. Types of districts.
A. The City of Mechanicville is hereby divided into the following types of districts:
Residential Districts
Multifamily/Townhouse Residential District [Added 7-11-1990]
General Commercial Districts
Restricted Commercial Districts
Light Industrial Districts
Heavy Industrial Districts
B. The list of districts shown above in Subsection A shall be interpreted so that the residential district is the most restrictive and each succeeding district is less restrictive than the ones preceding it in the list.
§ 200-8. Zoning Map.
A. The districts established herein are bounded as shown on a map entitled "Zoning Map of the City of Mechanicville, New York," dated April 9, 1962, which accompanies the text of this chapter and which, with all explanatory matter thereon, is hereby made a part of this chapter.
B. Said Zoning Map shall be filed with the City Clerk with a copy certified by the Clerk in the office of the Code Enforcement Officer/Building Inspector. Any amendments to said map shall be similarly filed, either as changes to the original and certified copy or as separate sheets with the date of such amendment clearly shown.
§ 200-9. Interpretation of district boundaries.
Where uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
C. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such a distance therefrom as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on said Zoning Map.
D. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
E. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated.
ARTICLE IV, District Regulations
§ 200-10. General provisions.
A. Except as herein specified, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B. Except as herein specified, no building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller front yards, rear yards, side yards or inner or outer courts than is specified herein for the district involved.
C. Except as herein specified, no part of a yard or other space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
D. The regulations for each district, unless otherwise indicated or provided for in this chapter, shall be deemed to be the minimum requirements in every instance. The listing of any use either as being permitted in or as being excluded from any particular district shall be deemed to be an exclusion of such use from any more restrictive district, unless the text specifically indicates the contrary.
§ 200-11. Residential District.
A. Permitted principal uses shall be as follows: one-family dwelling; two-family dwelling; public school, park or recreation facility; municipally operated utility; church or place of worship; rectory, convent or similar religious building or use; private school authorized by the State Department of Education; private nonprofit recreation facility; and agricultural or gardening use, but no sale of products on the premises.186EN
B. Permitted accessory uses shall be as follows: private garage or parking space; garden house, greenhouse or similar accessory use to a dwelling, including private swimming pool; customary home occupation; and sign, in conformity with the provisions of Article VIII.187EN
C. Uses requiring a special use permit (in conformity with the provisions of Article V) shall be as follows: farm produce sales stand; utility substation; membership club; nursery school; hospital; real estate office; real estate development sign; cemetery; multiple dwelling; nursing home; museum; art gallery; public library not operated for profit; funeral home; and mobile home. [Amended 6-25-1969188EN]
D. Minimum lot area shall be 4,000 square feet, except for new dwelling construction on lots not previously of record, where 5,000 square feet shall be required. For any additional dwelling units in excess of the first, a lot area of 2,500 square feet for each dwelling unit and a usable open space of 250 square feet for each dwelling unit shall be required.
E. Minimum lot dimensions shall be as follows:
(1) Width: 45 feet.
(2) Depth: 100 feet.
F. Maximum building height shall be as follows:
(1) In stories: three.
(2) In feet: 40.
G. Minimum yards shall be as follows:
(1) Front: 25 feet.
(2) Rear: 20 feet.
(3) Side: not less than five feet, but the sum of two side yards shall not be less than 14 feet.
H. Maximum coverage by principal and accessory buildings shall be 40%.
I. Minimum off-street parking space shall be in accordance with § 200-30.189EN
§ 200-12. Multifamily/Townhouse Residential District. [Added 7-11-1990]
A. Permitted principal uses shall be as follows: single-family home on a single lot; condominium, townhouse and multifamily residential structure containing two or more dwelling units in which the dwelling units are for sale individually or for rent; public school, park or recreational facility; and church or place of worship. More than one structure containing permitted principal uses is permitted on one lot of record.
B. Permitted accessory uses shall be as follows: private garage or parking space, garden house or toolshed.
C. Density requirement. No residential structure(s) containing two or more dwelling units shall be erected, altered or used which does not provide a lot area of at least 2,500 square feet for each family or dwelling unit.
D. Minimum lot area. The minimum lot area for a single-family home shall be 4,000 square feet. The minimum lot area for all other residential structures is 5,000 square feet.
E. Minimum yards shall be as follows:
(1) Front: 20 feet.
(2) Rear: 15 feet.
(3) Side: not less than five feet, but the sum of two side yards of any principal building shall not be less than 14 feet.
F. Minimum off-street parking space shall be in accordance with § 200-30.190EN
§ 200-13. General Commercial District.
A. Permitted principal uses shall be as follows: one-family dwelling; public school, park or recreation facility; municipally operated utility; church or place of worship; rectory, convent or similar religious building or use; private school authorized by the State Department of Education; private nonprofit recreation facility; agricultural or gardening use, but no sale of products on the premises; retail store; office for professional, banking or business purpose; eating and drinking establishment; personal service establishment, but not including any dry-cleaning or laundry plant, except by special use permit, self-service laundry or dry-cleaning store; public utility substation; veterinary hospital; public or private parking lot; gasoline station; automotive sales or service establishment; business school; funeral home; commercial recreation facility; membership club; and motel or hotel.191EN
B. Permitted accessory uses shall be as follows: all uses customarily incidental and accessory to a permitted principal use, but not including any open storage or manufacture for off-premises sale, provided that signs shall be as provided in Article VIII.
C. Uses requiring a special use permit (in conformity with the provisions of Article V) shall be as follows: two-family dwelling; multiple dwelling; hospital; nursing home; nursery school; cemetery; open storage area; and fuel storage area.
D. Minimum lot area shall be as follows: none, except that where any dwelling use is provided there shall be 2,500 square feet of lot area for each dwelling unit and 250 square feet of usable open space for each dwelling unit.
E. Minimum lot dimensions shall be as follows: none.
F. Maximum building height shall be as follows:
(1) In stories: three.
(2) In feet: 45.
G. Minimum yards shall be as follows:
(1) Front: none.
(2) Rear: 15 feet.
(3) Side: it shall be at least five feet, and where the lot abuts any land in a residence district, the abutting side yard shall be 10 feet.192EN
H. Maximum coverage by principal and accessory buildings shall be 85%.
I. Minimum off-street parking space shall be in accordance with § 200-30.193EN
§ 200-14. Restricted Commercial District.
A. Permitted principal uses. The following uses are permitted, provided that no new dwelling use shall be permitted except as hereinafter expressly provided: parking lot or garage; automobile sales, service or repair establishment; gasoline station; sign in accordance with Article VIII; warehouse or storage building; commercial recreation facility; hotel or motel; boardinghouse or rooming house; nursing home; hospital; business and professional office; and restaurant or lunch room.194EN
B. Permitted accessory uses shall be as follows: all uses customarily accessory to a permitted principal use.
C. Uses requiring a special use permit (in conformity with the provisions of Article V) shall be as follows: multiple dwelling and dry cleaning or laundry plant.
D. Minimum lot area shall be as follows: none, except that where any dwelling use is provided, there shall be 2,500 square feet of lot area for each dwelling unit and 250 square feet of usable open space for each dwelling unit.
E. Minimum lot dimensions shall be as follows: none.
F. Maximum building height shall be as follows:
(1) In stories: three.
(2) In feet: 45.
G. Minimum yards shall be as follows:
(1) Front: there shall be a minimum setback requirement of 10 feet to provide for access drives and off-street parking.
(2) Rear: none, except that where the yard abuts a residence district, the abutting yard shall be at least 10 feet.
(3) Side: it shall be at least five feet, and where the yard abuts a residence district the abutting yard shall be 10 feet.195EN
H. Maximum coverage by principal and accessory buildings shall be as follows:
(1) For nonresident use: 60%.
(2) For lot with any dwelling use: 50%.
I. Minimum off-street parking space shall be in accordance with § 200-30.196EN
§ 200-15. Light Industrial District.
A. Permitted principal uses shall be as follows:
(1) Industrial and manufacturing uses, including construction, assembly, packaging and warehousing operations, provided that:
(a) No use shall be of a type that will create any objectionable effluent, odor, smoke, dust, fumes, light, noise, radiation or other effect in any residence district area;
(b) No use listed as a prohibited use in § 200-32 shall be permitted; and
(c) No new dwelling use shall be permitted.
(2) Uses permitted in a Commercial District other than any dwelling use.
(3) All railroad uses.
(4) Truck terminal.
(5) Warehousing.
B. Permitted accessory uses shall be as follows: all uses customarily incidental and accessory to a permitted principal use, provided that they meet the requirements of such uses as shown above; parking area or garage for visitor, employee or business vehicles; sign in accordance with Article VIII; and storage related to a permitted use.197EN
C. Uses requiring a special use permit (in conformity with the provisions of Article V) shall be as follows: junkyard.
D. Minimum lot area shall be 5,000 square feet.
E. Minimum lot dimensions shall be as follows:
(1) Width: 50 feet.
(2) Depth: 100 feet.
F. Maximum building height shall be as follows:
(1) In stories: three.
(2) In feet: 45.
G. Minimum yards shall be as follows: same as Commercial District.
H. Maximum coverage by principal and accessory buildings shall be 50%.
I. Minimum off-street parking space shall be in accordance with § 200-30.198EN
§ 200-16. Heavy Industrial District.
A. Permitted uses shall be as follows:
(1) All uses not otherwise prohibited by law (except any residential use).
(2) Junkyards or automobile wrecking yards and scrap iron, scrap paper or rag storage, sorting or baling, provided that they are conducted within a building or where entirely enclosed within a fence or by other means approved by the Board of Appeals.
B. Permitted accessory uses shall be as follows: all uses customarily incidental and accessory to a permitted principal use, provided that they meet the requirements of such uses as shown above; parking area or garage for visitor, employee or business vehicles; sign in accordance with Article VIII; and storage related to a permitted use.199EN
C.200ENUses requiring a special use permit. The following uses may be permitted if approved by the Board of Appeals and shall be subject to the securing of a permit therefor and to such conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, morals or the general welfare of the community: all uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions, including but not limited to:
(1) Abattoir.
(2) Acetylene gas manufacture or storage.
(3) Acid manufacture.
(4) Alcohol manufacture.
(5) Ammonia, bleaching powder or chlorine manufacture.
(6) Ammunition, explosives, fireworks or gunpowder manufacture or storage.
(7) Animal black, lampblack or bone black manufacture.
(8) Bone distillation.
(9) Carbon manufacture.
(10) Celluloid manufacture.
(11) Coal distillation.
(12) Coke ovens.
(13) Dead animal or offal reduction.
(14) Fat rendering.
(15) Fertilizer manufacture.
(16) Glucose manufacture.
(17) Glue, size or gelatin manufacture.
(18) Hog farm.
(19) Insecticide manufacture.
(20) Pickles, sauerkraut or vinegar processing.
(21) Reduction, canning, processing or treatment of fish products.
(22) Smelting of tin, copper, zinc or iron ores.
(23) Stockyards.
(24) Stone quarry, mill or crusher.
(25) Tar distillation or manufacture.
(26) Yeast plant.
D. Minimum lot area shall be 5,000 feet.
E. Minimum lot dimensions shall be as follows:
(1) Width: 50 feet.
(2) Depth: 100 feet.
F. Maximum building height shall be as follows: no restrictions.
G. Minimum yards shall be as follows: same as in the Commercial District.
H. Maximum coverage by principal and accessory buildings shall be 50%.
I. Minimum off-street parking space shall be in accordance with § 200-30.201EN
ARTICLE V, Special Permit Uses
§ 200-17. General provisions.202EN
The special permit uses specified in §§ 200-11C, 200-13C, 200-14C, 200-15C and 200-16C shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements and standards of this chapter and § 27-b of the General City Law. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 200-18. Plan required.
A plan for the proposed development of a lot for a special permit use shall be submitted with an application for a special permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other information necessary to determine if the proposed special permit use meets the requirements of this chapter.
§ 200-19. Standards applicable to all special permit uses.
The location and size of the use, the nature and intensity of the operations involved and the size of the site in relation to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings and structures will not discourage the appropriate use of adjacent land and buildings or impair the value thereof. The operation of the use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operation of any permitted principal or accessory use.
§ 200-20. Special permit uses in residence districts.
A. The use shall be located on a lot large enough to accommodate the building or buildings involved and necessary off-street parking or garaging space and meet all yard requirements of the district.
B. The height of buildings shall not exceed that required in the district, provided that a height in excess of this requirement shall be permitted up to 50% over the requirement if all yards are increased to equal the height of the tallest building.
C. In case of a nursery school, the exterior area to be used by children shall be completely fenced.
D. The Board of Appeals, in acting on any application, may impose such additional requirements as it may deem necessary to meet the needs of a particular case.
E. In the case of a mobile home, a masonry foundation in accordance with the city's Building and Housing Codes203EN must be provided on the mobile home lot to provide a stable and durable support for the entire base perimeter of the mobile home. The mobile home lot must be landscaped in a manner not to detract from neighboring dwelling lots. [Added 6-25-1969]
§ 200-21. Special permit uses in commercial and industrial districts.
A. The use shall be located on a lot large enough to accommodate the building or buildings involved, necessary off-street parking or garaging space and off-street loading space and be situated so as to minimize the hazards of traffic access and egress.
B. The particular use involved shall not be such as to create any observable nuisance or effect beyond the boundary of the lot that is more intense than that of a permitted principal use in the district.
C. In a commercial district, the height of buildings shall not exceed that required in the district, provided that a height in excess of this requirement shall be permitted up to 50% over the requirement if all yards are increased to equal the height of the tallest building.
D. In the case of a junkyard, the area used for such purpose shall be completely fenced in a manner that prevents a view of the operation from the lot line to a minimum height of eight feet above lot line grades.204EN
E. The Board of Appeals, in acting on any application, may impose such additional requirements as it may deem necessary to meet the needs of a particular case.
ARTICLE VI, Supplemental Regulations
§ 200-22. Purpose.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 200-23. Location of accessory buildings on a lot.205EN
A. In any residence district, a permitted accessory use housed in a building may not be placed in any required front yard, side yard or rear yard, provided that a private garage or tool or storage shed may extend into a required side yard or rear yard if it is to the rear of the back of the dwelling it is to serve and is set back at least two feet from any lot line. In any commercial or industrial district, an accessory building shall not be located in any required yard.
B. Except as allowed in Subsection A, all accessory uses, including all swimming pools, shall meet the applicable setback requirements.
§ 200-24. Existing lots of record.
In any district, where a lot has existed as a lot of record prior to the effective date of this section and such lot has been owned separately from any adjoining lot or lots and such lot fails to meet the minimum area, width or depth requirements of the district in which located, a building permit for a permitted use shall be issued, provided that the following requirements are met:
A. The owner of such lot is required to add to such lot any adjoining land in his ownership in order to permit a lot to be created that can meet requirements as far as possible.
B. The yard requirements for the district are met.
C. The size of the lot is such that there is 3,000 square feet of area for each permitted dwelling unit.
D. The lot has access to an improved street and has no less than 25 feet of frontage on such street.
§ 200-25. Minimum frontage.
In any residence district, every lot shall have a frontage at the street property line not less than 75% of the required minimum lot width.
§ 200-26. Access to improved street.
In any district, the use proposed shall be so located on the lot that the lot is accessible from a street improved to permit the passage of emergency vehicles.
§ 200-27. Average front yard.
In a case where a lot is adjoined on each side by lots having building setbacks, in the front yards, less than that required by this chapter, the lot in question may provide a front yard equal to the average depth of the adjoining front yards, provided that in no case shall the front yard be less than 1/2 that required.
§ 200-28. Height exceptions.
The maximum height requirement of this chapter shall not be interpreted to prevent the erection of necessary mechanical equipment, steeples, ornamental cornices or spires and similar architectural features above the maximum height, provided that such exceptions shall be the minimum required for the purpose they are designed to serve.
§ 200-29. Courts.
A building court entirely surrounded by walls shall not be less in horizontal cross-section area than 200 square feet for each story of wall height nor have a minimum side dimension of less than 10 feet. Any other court shall not have a depth more than 11/2 its width.
§ 200-30. Required off-street parking space.
All parking spaces provided pursuant to this section shall be on the same lot with the building or an adjoining lot, except that the Board of Appeals may permit the use of a lot within 400 feet of the building lot if it determines that it is impractical to provide parking on the same lot with the building. The parking space requirements shall be required and each parking area shall be satisfactorily developed and maintained to permit its continued use for that purpose.
A. For each dwelling unit in a one- or two-dwelling-unit building: one parking space for each such unit.
B. For each dwelling unit in a multiple-dwelling structure: for existing construction, one parking space for each dwelling unit; for new construction, 11/2 parking spaces for each dwelling unit.
C. For a retail store, service establishment or similar business use: one parking space for each establishment, plus one additional space for each 200 square feet of sales space in excess of 500 square feet.
D. For an office or professional establishment: one parking space for each establishment, plus one additional space for each 200 square feet in excess of 500 square feet.
E. For an industrial, manufacturing or storage use: one parking space for each two employees.
F. For a theater, bowling alley or commercial recreation establishment: one parking space for each five seats or each five customer spaces.
G. For a restaurant or place serving beverages: one parking space for each three customer seats.
H. For a club or similar use: one parking space for each five seats in any dining or meeting hall.
I. For a hotel: one parking space for every three guest rooms; for a motel: one parking space for each guest unit, plus one space for each employee.
J. For a rectory, parsonage or church office: two parking spaces, with one additional space for each employee.
K. For a public school: in accordance with the New York State Education Department.206EN
L. For a nursery school: in accordance with the New York State Department of Social Services.207EN
M. For a hospital or nursing home: one parking space for each two members of the medical or nursing staff, plus one space for each two service employees, plus one space for each three beds.
N. For a funeral home: 10 parking spaces for every viewing area.208EN
§ 200-31. Required off-street loading space.
A loading space shall be an open area or space within a building accessible to the street by commercial vehicles on the same lot as the building, with the following minimum dimensions: length: 30 feet; width: 10 feet; height: 10 feet. The following loading space requirements shall be required:
A. For each nondwelling use in any residence district: one loading space for each such use, provided that any requirements listed below do not apply.
B. For any retail store building, office or service building or comparable structure: one loading space for the first 10,000 square feet of floor area, with one additional space for each 20,000 square feet of floor area in excess of the first 10,000 square feet.
C. For any manufacturing, industrial or storage use: one loading space for each building so used, plus one additional loading space for each 20,000 square feet of floor area.209EN
§ 200-32. Prohibited uses.
A. In all districts, uses not specifically permitted shall be prohibited.210EN
B. A mobile home park shall not be permitted in any district. No mobile home shall be permitted on a lot adjacent to a lot on which an existing mobile home unit is situated. A lot of sufficient size for use of a residential building, in accordance with this chapter, shall be required under all circumstances between lots upon which mobile homes are erected or proposed to be erected. No mobile home will be permitted in a General Commercial, Restricted Commercial, Light Industrial or Heavy Industrial Zone. [Added 6-25-1969]
§ 200-33. Removal of topsoil.
In any district, no topsoil shall be removed from a lot except in conjunction with the construction or alteration of a building on the lot or in conjunction with an incidental improvement in grading.
§ 200-34. Sand and gravel mining.211EN
No sand and gravel shall be mined in any district, except by special use permit. No excavation for such use shall be permitted within 100 feet of any residence structure, and no washing or other apparatus shall be used except in an industrial district. In addition to any other conditions that may be imposed by the Board of Appeals, said Board may require the posting of a bond by the applicant to cover the estimated cost of restoring the excavation to a reasonable grade and condition.
§ 200-35. Lots in two districts.
Where a district boundary line divides a lot in one ownership at the effective date of this section, the regulations for the less restricted portion of the lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 200-36. Business access through residence district.
All commercial or industrial district uses, when located in such districts, shall have access to a street with frontage in such districts and not across land in any residence district.
§ 200-37. Yard exceptions.
The following building features may project into any required yard, provided that such projection shall not be closer to any side lot line than four feet nor to any front or rear yard line than 15 feet: open unenclosed porches, unroofed terraces, bay windows, open fire escapes, cornices, eaves and other architectural features.
§ 200-38. Areas below fifty-five-foot contour line.
In any area located below the fifty-five-foot contour line, as evidenced by the United States Geological Survey Map, the plans for any building proposed to be erected therein shall first be reviewed by the City Engineer, who shall report on their feasibility and suggest any special precautions or construction techniques to minimize high-water damage.
§ 200-39. Nonconforming uses.212EN
The lawful use of any land or building existing prior to or at the time of the effective date of this chapter or any amendments thereto may be continued although such use does not conform to the provisions of this chapter or any amendment thereto, except as hereinafter provided.
§ 200-40. Unsafe structures.
Any structure or portion thereof declared unsafe by proper authority may be restored to a safe condition.
§ 200-41. Alteration of nonconforming building.213EN
A nonconforming building may be repaired or structurally altered, provided that it does not extend the area or volume of space occupied by the nonconforming use and provided that it complies with the latest requirement of the New York State Uniform Fire Prevention and Building Code.
§ 200-42. Extension of nonconforming use.214EN
A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter or any amendment thereto shall not be deemed the extension of such nonconforming use.
§ 200-43. Effect on existing building permits.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within six months (or one year) of the date of the permit and which entire building shall be completed according to such plans as filed within one year (or two years) from the date of this chapter.
§ 200-44. Restoration of damaged buildings.215EN
No building damaged by fire or other casualty or act of God to the extent of more than 50% of the existing floor area or volume shall be repaired or rebuilt except in conformity with the regulations of this chapter and the current New York State Uniform Fire Prevention and Building Code.
§ 200-45. Discontinuance of nonconforming use.216EN
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 200-46. Change of use.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and such use thereafter shall not be changed to a lower classification.
§ 200-47. Displacement of conforming use.
No nonconforming use shall be extended to displace a conforming use.
§ 200-48. District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
ARTICLE VII, Site Plan Review [Amended 8-20-1997217EN]
§ 200-49. Statutory authority; purpose.
A. The City of Mechanicville Planning Board is hereby authorized, pursuant to City Law § 27-a, to review and approve site development plans as set forth in more detail hereinafter. However, the Planning Board shall not initially entertain any application for site development plan approval for a project that involves any property which has a written violation until that violation is brought into compliance or for such projects that require the issuance of a special use permit or variance.
B. The purpose of this article is to ensure that any proposed development and use of land within the City of Mechanicville will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered in the development of the City of Mechanicville.
C. The site review process has three steps:
(1) Concept review/sketch plan conference (optional).
(2) Preliminary site plan review and action.
(3) Final site plan review and action.
§ 200-50. Planning Board rules and regulations.
The Planning Board is hereby authorized to promulgate such rules, regulations and procedures as it deems reasonably necessary to administer the duties and responsibilities delegated to it by this article and any amendments thereto.
§ 200-51. Projects requiring site plan review; exceptions.
A. No building permit shall be issued and no use shall be established or continued without first obtaining a site plan approval from the Planning Board as required in this article, except as noted.
B. The following uses are not subject to site plan review:
(1) Single-family dwelling.
(2) Two-family dwelling on its own lot.
(3) Additions to existing commercial or industrial facilities that are less than 100 square feet or 5% of existing structures, whichever is greater, but not exceeding 3,000 square feet.
(4) Accessory uses.
(a) Uses and structures that are clearly accessory to an existing principal use/structure, such as:
[1] Aboveground deck.
[2] Gazebo.
[3] Freestanding air-conditioning machinery.
[4] Fence.
[5] Flagpole.
[6] Garden shed.
[7] Toolshed.
[8] Storage shed.
[9] Noncommercial greenhouse.
[10] Swimming pools.
(b) These accessory uses must be utilized in conjunction with the principal uses and meet all the requirements of existing zoning and planning ordinances.
(5) General farming or nursery use permitted by right.
C. The following require Planning Board review and, if necessary, site plan approval, if not within the jurisdiction of the Zoning Board of Appeals:
(1) Any erection or alteration of any building or use for the purpose of commercial, industrial or multifamily activity, such as:
(a) Commercial building.
(b) Industrial building.
(c) Multifamily dwelling.
(d) Condominium (commercial and residential).
(e) Boardinghouse.
(f) Private club.
(g) Planned unit development (PUD).
(h) All public facilities, such as schools, churches and firehouses, not previously exempted by local, state or federal law.
(i) Antennas and satellite dishes with square footage exceeding four square feet.
(j) Any other facility not otherwise enumerated herein, except as noted in Subsection B of this section.
(2) All additions, deletions and structural or site changes to facilities noted in Subsection C(1) above.
(3) Outdoor sales.
(a) All outside/outdoor retail business conducted by an established retail business on its usual retail site.
(b) Transient business and/or sales.
(c) The primary areas of concern of site plan review will be traffic patterns, parking areas, safety requirements and keeping with the characteristics of the neighborhood. Seasonal outside/outdoor sales area will have to be reviewed yearly.
(d) It is not the intent to prevent a merchant with an established approved retail business from having an outside/outdoor sale of merchandise that it sells within its approved establishment, nor is it intended to prevent nonprofit organizations from having one-day/two-day fund-raising events.
(4) Vacant tenancy/change of ownership.
(a) All changes of tenancy or ownership in an existing facility covered in this section, other than noted exceptions in Subsection B, when any of the following exist or are proposed:
[1] Site or facility has been unused and/or vacant for the preceding 12 months. A site or facility shall not be deemed used or occupied if the use during the twelve-month period is of a nonpermanent nature, which may be less than eight days per calendar month during the twelve-month period.
[2] A new tenant/owner requires any site amenities of a different quantity or nature than has already been approved and developed on the site.
(b) With respect to existing sites where a change of tenant/owner is being proposed, the Planning Board, as part of its site plan review and approval process, shall have the discretion to waive or reduce any of the requirements of this article in such instances where the applicant demonstrates that the reduction or waiver of said requirement would not adversely impact the abutting properties or neighborhood.
§ 200-52. Prior approvals.
Prior to submission of an application for site plan review, the applicant must have received any required approval from the Code Enforcement Officer/Building Inspector.
§ 200-53. Concept review/sketch plan conference.
A. Any applicant to whom this article applies, prior to submission of an application for site plan review, may submit to the Code Enforcement Officer/Building Inspector a conceptual sketch plan for review by the Planning Board. Such submission shall then be provided to the Planning Board for review with a flexible design that may be changed as deemed necessary prior to the work required for a detailed site plan. The aforementioned materials shall be submitted to the Planning Board a minimum of seven days in advance of scheduled presentation.
B. Such submission shall include the following as minimum requirements:
(1) At least 10 copies of a sketch plan, 81/2 inches by 11 inches in size, outlining the proposed design concept, locating the general massing of buildings (height and bulk), delineating existing and proposed structures and showing the location of parking, signage, circulation routes (roads and walks), features of historic concern, landscaping elements, watercourses, drainage ditches, wetlands or other natural features. The sketch may be hand-generated.
(2) Ten copies of the tax map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
C. During the sketch plan conference, the applicant will be advised of any requirements that will be waived. The Planning Board reserves the right to reinstate a requirement should there be a change of circumstances.
§ 200-54. Preliminary site plan.
A. An application for site plan review is complete when a request for site plan review has been made, in writing, on forms provided to the applicant by the Code Enforcement Officer/Building Inspector and filed with said Code Enforcement Officer/Building Inspector, along with a filing fee, proof of notification and 10 sets of folded site plans, and when the requirements as set forth in this article have been met, except as waived by the Planning Board. Submission must be made at least seven days prior to presentation of material at a Planning Board meeting.
B. Filing fee. An application form for site plan review shall be accompanied by, and not be accepted without, the payment of a fee as set from time to time by resolution of the City Council (see fee schedule on file in the city offices). No further fee shall be required for site plan approval. However, in the event that the applicant is seeking retroactive approval, in that the intended use and/or construction of proposed buildings or structures is found by the Code Enforcement Officer/Building Inspector to have already been commenced, then an additional filing fee in the amount as set from time to time by resolution of the City Council shall be required.
C. State Environmental Quality Review Act (SEQR).
(1) The proposed development in question may be subject to the provisions of the State Environmental Quality Review Act (SEQR). First, the Planning Board should identify the type of action the proposed development is according to SEQR. Depending on the size, location and other factors, it may be a Type I or an unlisted action. To make a decision, the Planning Board should consult 6 NYCRR 617 or Article 8 of the Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with SEQR regulations.
(2) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins (62 days). If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
(3) When compliance with SEQR is complete, the Planning Board shall act on the application within 62 days. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with modifications.
(4) The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
D. Notification of property owners.
(1) The following persons shall be notified of the submission of a site plan: all owners of property which is contiguous, abutting, adjacent or is situated across an established road from the actual or proposed boundary lines of the property which is the subject of the site plan review and to such other property owners as the City of Mechanicville Planning Board may direct. The applicant shall be required to determine the names and addresses of such owners, and the applicant shall thereupon notify such persons of the site plan review request by certified or registered mail, with the cost of such mailings to be paid by the applicant.
(2) The applicant shall submit the proof of certified or registered mail receipts and a copy of the notification sent at the time of site plan review. Failure to do so will cause the application to be denied pending completion of this requirement. Notification must state what the project content will be.
E. Specific site plan requirements for preliminary site plan may be as follows:
(1) Site plan drawn to an acceptable scale, i.e., one inch equals 50 feet or less. Site plan must be a commercially reproduced print before final approval will be granted.
(2) The site plan shall indicate existing zoning and special districts and shall include:
(a) Floor elevations of buildings so as to assure positive surface drainage and proper elevation relationship to adjacent developments.
(b) A small-scale location map and a North arrow, title block and date.
(c) Existing and finished grade contours and erosion-control measures so as to assure the adequate disposal of on-site water, if required by the Board.
(d) The location of all existing and proposed utilities.
(e) The location of required test borings. Groundwater elevation and soil profiles may be required.
(3) A lighting plan shall delineate the type of lighting fixtures to be used and the proposed lighting pattern.
(4) A landscape plan shall delineate the arrangement, species and dimensions of all existing and proposed landscaping materials. Consideration must include the preservation and supplementation of existing vegetation and the screening of parking and service areas from public view. At least 30% of the area shall be landscaped. Where the applicant can demonstrate that the landscape plan of the development will meet with the objectives of this subsection, the Planning Board may consider and approve projects with less landscaped area. In order to demonstrate that a proposed landscape plan will meet the objectives of this subsection as above provided, the applicant must establish that the proposed landscape plan is necessary in order to avoid undue hardship or that the nature of the land and its location in relation to other properties and areas of the city is such as not to cause substantial damage to the general character of the neighborhood. Within the first year, if any elements of a landscape plan do not survive, either through neglect or conditions unknown, such elements shall be removed and replaced.
(5) Traffic flows shall be shown so as to provide for the safety and the ease of vehicular movement, including denotation of fire lanes where applicable. A traffic engineering report may be required upon request of the Planning Board.
(6) A parking plan shall delineate the number of parking spaces and the parking arrangements, with the size of each space to be in accordance with that specified in the latest edition of the Transportation and Traffic Engineering Handbook and this chapter. No on-street parking is permitted. The parking standards as provided in § 200-30 of this chapter shall be met. The parking standards in § 200-30 represent minimum requirements and may be increased as part of the approval of a site development plan.
(7) If requested by the Planning Board, the site plan shall have affixed thereto the stamp and signature of either a land surveyor, professional engineer, architect or landscape architect (licensed to practice in New York State).
(8) An interior design plan (seating plan) shall be required, and the capacity of the building shall be noted.
(9) Pedestrian walkways, entrances and exits and parking designed for use by the handicapped shall be provided in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, the New York State Vehicle and Traffic Law and the Americans With Disabilities Act. Where the provisions of those three statutes conflict, the more stringent provisions shall be met.
(10) A written engineering report may be required describing the watershed area, projected runoff and velocities through proposed storm sewer systems, including any downstream impacts. A quantitative projection of sanitary sewage flow and, where other nondomestic discharge is anticipated, a qualitative projection shall also be required. If the site is not serviced by the municipal sanitary sewer system, an engineering report on the existing septic system servicing the site shall be required, or, if no septic system presently exists on the site, an engineering plan of the proposed septic system shall be required in accordance with the latest addition of New York State Department of Health Individual Residential Wastewater Treatment Systems Design Handbook.
(11) Service, storage and utility areas shall be designed to the side or rear yard of the building and shall be appropriately screened by walls, earth berms, fencing and/or vegetation, subject to approval by the Planning Board.
(12) Paving, parking or storage shall not be permitted within seven feet of any side or rear line of the site plan presented, and no parking or paving except for entrances will be permitted within 10 feet of the front line of said site plan. These areas shall be maintained as a landscaped area. Where such a requirement restricts the effective development of a site, the Planning Board may take any appropriate action it deems necessary to modify these requirements while maintaining the intent of this provision.
(13) A scaled elevation drawing of the exterior of all buildings on the site shall be required, which shall include any and all signs to be displayed on the site, whether affixed to a structure or freestanding, with all sizes, materials, design and lighting denoted.
(14) The dimensions of outdoor display areas will be clearly designated on the plans and shall not infringe upon green areas. The plans shall also indicate the items to be displayed.
(15) A statement indicating whether or not proposed signs conform to Article VIII, Signs, of this chapter and whether or not variances will be sought for those aspects of the sign which are in conflict with said Article VIII.
(16) The site plan shall show all fences, outbuildings and/or any other features new or existing on the site.
(17) A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a solid overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
(18) The site plan may be required to show any other elements which the Planning Board determines are integral to the proposed development.
§ 200-55. Review and action by Planning Board.
A. General considerations. The Planning Board's review of a site plan may include, as appropriate, but is not limited to the following:
(1) Adequacy and arrangement of vehicular traffic, access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(2) Adequacy and arrangement of pedestrian traffic, access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience, including handicap accessibility.
(3) Location, arrangement, appearance and sufficiency of off-street parking and loading, including handicap parking and accessibility.
(4) Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(5) Adequacy of stormwater, retention basins and drainage facilities.
(6) Adequacy of water supply and sewage disposal facilities.
(7) Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's land and adjoining lands, including the maximum retention of existing vegetation.
(8) In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9) Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features by use of fencing, walls, etc.
(10) Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(11) Adequacy of waste storage and disposal.
(12) Snow clearance and removal. The means employed to address snow and ice removal from sidewalks, parking lots and driveways must be sufficient to safely and adequately handle the type and volume of sow and ice which can reasonably be anticipated to be deposited by nature on the site without subjecting green space areas to damage and while maintaining the minimum required parking spaces.
(13) Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(14) Consideration of the location and preservation of historical sites or landmarks.
(15) Compatibility of site plan with City Comprehensive Plan.
B. Consultant review. The Planning Board may consult with the City Code Enforcement Officer/Building Inspector, fire officials, Conservation Council, other local and county officials and its designated private consultants in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C. Public hearing. The Planning Board may conduct a public hearing on the proposed site plan. If a public hearing is considered desirable by the majority of the members of the Planning Board, such public hearing may be conducted any time before granting site plan approval and shall be advertised in a newspaper of general circulation in the city at least five days before the public hearing. Cost of such notice shall be borne by the applicant.
D. Planning Board action on site plan approval. The Planning Board shall maintain a record of all waived requirements, available for inspection by the applicant. Within 62 days of the receipt of a completed application, as defined in this article, except as waived by the Planning Board, the Planning Board shall act on it. If no decision is made within said sixty-two-day period, the site plan shall be considered approved. If a public hearing is held the Planning Board shall take action on the application within 62 days of said hearing. In either event, the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The Planning Board's minutes shall record the official action of the Board, stating whether or not the site plan is approved, disapproved or approved with modification.
E. Modifications or disapproval. The Planning Board's resolutions and minutes may include recommendations of desirable modifications to be incorporated in the site plan, and conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's minutes will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and new submission to the Planning Board after it has been revised or redesigned.
F. Planning Board's written statement to applicant. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the final site plan is approved, disapproved or approved with modifications. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
§ 200-56. Documentation required prior to approval.
A. Required referral. Prior to giving approval on the site development plan, the Planning Board shall refer the plan to the appropriate county agency for advisory review and a report in accordance with § 239-m of the General Municipal Law.
B. Record of application for and approval status. All necessary permits from city, state and county officials shall be provided, including the New York State Department of Transportation, New York State Department of Health, New York State Department of Environmental Conservation and the Saratoga County Planning Department, and a Traffic Commission report shall be provided.
C. Material specifications. Detail sizing and final material specification of all required public improvements shall be provided.
D. Construction schedule. An estimated project construction schedule shall be provided.
§ 200-57. Action upon approval or disapproval; appeals.
A. Planning Board shall endorse its approval. Upon approval of the site plan and payment by the applicant of all reimbursable costs due to the city, the Planning Board shall endorse its approval on four commercially reproduced copies of the site plan and shall forward one copy to the Code Enforcement Officer/Building Inspector with these considerations:
(1) Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, as may be deemed appropriate with regard to the size, complexity and proposed value of the site.
(2) No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty determined by the Planning Board in consult with the Code Enforcement Officer/Building Inspector has been posted for improvements not yet completed.
(3) The Code Enforcement Officer/Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with city, county or other officials and state agencies, as appropriate.
(4) Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of the City Land Subdivision Regulations, the Planning Board shall integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
B. Disapproval of site plan. Upon disapproval of a site plan, the Planning Board shall so inform the Code Enforcement Officer/Building Inspector, and such officer shall deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval.
C. Appeals. The City of Mechanicville Planning Board shall bear sole and final authority in its decisions pursuant to this article. Decisions of the Planning Board shall be subject only to judicial review in the manner prescribed by law, as noted in Article 78 of the Civil Practice Law and Rules (CPLR).
D. Site plan approval with modifications or conditions. Where the Planning Board has approved a site plan with modifications or conditions, the site plan will not be endorsed until those modifications have been made or conditions met. A detailed site plan (three copies) showing modifications and changes will be provided to the Planning Board by the submitter.
E. Duration of site plan approval.
(1) After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final detailed site plan to the Planning Board for approval. If more than six months have elapsed since the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for review.
(2) Length of approval of site plan. If construction is not commended and diligently pursued within six months of the date of final approval of site plan by the Planning Board, such approval shall be null and void.
§ 200-58. Penalties for offenses.
Notwithstanding any contrary provisions contained in this chapter heretofore enacted by the City of Mechanicville:
A. Violations of article. Any persons who commits or permits any act or acts in violation of any of the provisions of this article shall be deemed to have committed an offense and shall be liable for any such violation or the penalty therefor. Every week such violation shall continue or shall be permitted to exist shall constitute a separate additional violation of this article. Any physical deviation from an approved site plan or breach of conditions imposed in the resolution of approval shall be deemed a violation of this article.
B. Penalty. Any person violating any of the provisions of this article, upon conviction therefor, shall be punished by a fine not exceeding $250 in amount or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
C. Additional action or proceeding. In addition to the above-described penalties and punishment, the City Council may also maintain an action or proceeding in the name of the City of Mechanicville in a court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of this article.
ARTICLE VIII, Signs [Amended 4-16-1997]
§ 200-59. Title.
This article may be known and cited as the "Sign Ordinance of the City of Mechanicville."
§ 200-60. Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community.
§ 200-61. Definitions.
For the purpose of this article, the terms used herein are defined as follows:
AREA OF SIGN -- That area determined by circumscribing the exterior limits of the mass of each display erected on one sign structure. The structure supporting the sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. Only one face of a double-facing sign is included as area of such sign.
FACADE OF BUILDING -- The front or face of a building or the outer surface of a building which faces a private or public street or highway. The facade shall not be interpreted to extend above the roofline of the building.
SIGN -- Any structure or part thereof or any device attached to a structure or painted or represented on a structure which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. "Sign" includes any billboard but does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, "sign," as defined herein, shall not include a similar structure or device located within a building.
A. ADVERTISING SIGN -- Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
B. BUSINESS SIGN -- A sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
C. FLASHING SIGN -- Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
D. ILLUMINATED SIGN -- Any sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
§ 200-62. Restrictions on size, type and location.
The size, type and location of any sign or advertising device shall be allowed only in accordance with the following regulations, and wherever districts are set forth in these regulations the same shall refer to the districts set forth in §§ 200-11 through 200-16 of this chapter.
A. Residential districts.
(1) Nameplate and identification signs indicating the name and address of the occupant or permitted home occupation in any residence shall be allowed, provided that the combined area of such signs shall not exceed a total of three square feet and shall not include any flashing or intermittent illumination, nor shall any source of illumination be directed toward any public street or adjacent residential property.
(2) Institutional signs for schools, churches or similar public and semipublic institutions shall be allowed, provided that such signs shall not exceed a combined total of 15 square feet in area and shall not include any flashing or intermittent illumination, nor shall any source of illumination be directed toward any public street or adjacent residential property.
(3) Business signs pertaining only to legal nonconforming uses of the premises on which they are located shall be allowed, provided that such signs shall not exceed a combined total of 20 square feet in area and shall not emit any flashing or intermittent illumination, nor shall any source of illumination be directed toward any public street or adjacent residential property. However, business signs legally in existence on the date of enactment of this article which pertain to nonconforming uses may continue to be used, except that all intermittent or flashing illumination shall be converted to a constant light source.
(4) Temporary business signs advertising the sale, rental, construction or improvement of the premises on which they are located shall be allowed, provided that such signs shall not exceed a combined total of six square feet in area, shall not be illuminated and shall be promptly removed by the property owner when the circumstances leading to their erection no longer apply.
(5) Advertising signs and mobile advertising or attracting devices shall not be permitted in any residential districts.
B. Signs in commercial and industrial districts.
(1) The signs permitted in residential districts shall be allowed.
(2) Business signs relating to the use conducted in the building or on the immediate premises thereof shall be allowed, provided that such signs shall not exceed a combined total of 40 square feet in area. In the event that the facade of the building or buildings on said premises shall exceed 800 square feet in area, a square footage for signs equal to 5% of the area of the facade of the building or buildings on said premises in which said business in conducted shall be allowed, but in no event shall the total area of any such sign or signs exceed 100 square feet unless a special permit therefor is secured from the Zoning Board of Appeals. Such signs shall be at least three feet clear of the ground and shall be less than 10 feet from above ground level. No sources of illumination which may be focused or spotted, as opposed to general neon or bulb illumination, shall be directed toward any adjacent property or public street.
(3) A business sign in existence on the date of the enactment of this article which does not conform to the specifications of this section may continue to be used but may not be extended, except that all intermittent or flashing illumination shall be converted to a constant light source.
(4) Temporary signs advertising the sale or rental or construction or improvement of the premises on which they are located shall be allowed, provided that such signs shall not exceed a combined total of 10 square feet in area and shall be promptly removed by the agent or owner when the circumstances leading to their erection no longer apply.
(5) Advertising signs shall not be permitted in any commercial or industrial district.
(6) In any commercial or light industrial district, a freestanding sign shall be allowed by special use permit. It shall not exceed 16 feet in height and shall not contain more than 36 square feet of signage; either single or multiple, the total shall not exceed 36 square feet.218EN
(7) A sign shall not be located in such a manner as to obstruct the line of sight of moving vehicles.219EN
C. General regulations.
(1) Signs shall be in keeping with the architectural design of the building upon which they are placed, the design of neighboring properties and adjoining signs and the character of the City of Mechanicville.
(2) Signs shall be constructed of durable materials and shall be maintained in good condition. Signs which are permitted to deteriorate shall be removed upon direction of the Code Enforcement Officer/Building Inspector following written notification to the owner.
(3) No sign shall be erected so that any portion thereof shall be any closer than five feet to the nearest lot line or within five feet of any utility pole.
(4) No signs shall be erected which may cause hazardous or unsafe conditions. Any sign which shall have been erected and which, since the date of its erection, because of changed conditions, becomes hazardous shall be removed following written notice to the owner.
(5) The maximum height of any portion of any sign shall not exceed above the facade of any building on the premises.
(6) Signs to be erected by a nonprofit community service organization which are intended as a public service for the good of the community may be erected upon the granting of a special permit.
(7) All signs of a temporary nature, such as political posters, banners, promotional devices and other signs of a similar nature, may be granted for a period not to exceed 30 days, provided that such signs are not attached to fences, trees, utility poles or the like and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public.
(8)220ENPolitical posters not exceeding nine square feet in residential districts nor nine square feet in commercial districts, provided that:
(a) Placement shall not exceed 45 days.
(b) The names and addresses of the sponsor and the person responsible for removal are identified.
D. Placement of signs.
(1) Signs shall be placed parallel to the facade of the building and, except for marquees of theaters in operation and awnings, no part of the sign shall project more than eight inches beyond the face of the surface to which it is applied nor extend beyond the building in any direction.
(2) The lower edge of a sign placed on a facade shall not be located above the level of the floor of the second story of the building upon which the sign is placed.
(3) Temporary signs, advertising display panels, posters and similar graphic materials relating to general sales and information, special events and offerings and sales promotions may be displayed without a permit, provided that:
(a) No dimension shall exceed three feet by four feet.
(b) They are neatly and professionally rendered and displayed and are mounted on firm material in a true square manner.
(c) Not more than one such sign per 20 linear feet of storefront and a maximum of four such signs per facade may be displayed at any one time.
(d) All such signs in this category must be dated.
(e) Freestanding signs must be at least three feet above ground level and less than 10 feet above ground level.
(4) Not more than two posters concerning an event sponsored by a not-for-profit group, with dimensions not exceeding one foot by 11/2 feet, may be displayed without displaying a permit on the door of a business establishment.
(5) Signs on accessory building or buildings incidental to the principal building in which the business is located shall be allowed as a portion of the total allowable sign area computed using the frontage of the principal building only.
(6) Sign directories. An off-street shopping plaza or building housing multiple businesses or professional offices will be permitted a sign directory. Each business within the plaza/building may have a sign within the directory. They shall be equal in size and shape and shall not exceed three square feet in size. The directory sign may not exceed 30 square feet for five or fewer businesses. For each additional business, add five square feet. The total is not to exceed 75 square feet.
(7) One illuminated sign identifying the name and description of the business shall be permitted on each street facade for the ground floor use of a business establishment. For a business located on two or more rights-of-way, a maximum of two such illuminated signs, one on each facade, shall be permitted.
(8) The design and appearance of light fixtures shall be fitting and appropriately integrated with the architectural character of the building facade and that of its neighbors.
(9) Future and proposed illuminated signs, interior. Externally illuminated signs are permitted in the windows of a business establishment if designed to identify the name and type of business. Such sign(s) may not be in addition to a sign on the building exterior, except that the name of the business may also be located on the front valance of an awning or on a front door in accordance with these regulations.
(10) Future and proposed illuminated sign light sources.
(a) Light sources, with the exception of neon, shall be shielded or screened in a manner not to be seen by passersby from a normal viewing angle. Intense or glaring light is to be avoided.
(b) Light sources shall be limited to natural white incandescent or fluorescent lamps.
(c) Light fixtures and sources shall be designed to cause a reasonably uniform distribution of light on the full extent of the sign(s).
(11) Any sign shall be designed and constructed to withstand a wind pressure load consistent with environmental conditions in the City of Mechanicville and shall comply with all applicable Building Code Ordinances of the City of Mechanicville and the New York State Uniform Fire Prevention and Building Code.221EN
(12) Awnings. The minimum height from the sidewalk to any part of the awning covering or its supporting frame when closed or extended shall be seven feet six inches.
§ 200-63. Permit required.
After the effective date of this article and except as otherwise herein provided, no person shall erect any signs allowed herein without first obtaining a permit therefor from the Code Enforcement Officer/Building Inspector.
§ 200-64. Application for permit.
Application for the permit shall be made, in writing, in duplicate, upon forms prescribed and provided by the Code Enforcement Officer/Building Inspector and shall contain the following information:
A. The name, address and telephone number of the applicant.
B. The location of the building, structure or land to which or upon which the sign is to be erected.
C. A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway.
D. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof.
E. Certification of an electrical inspection for any sign having electrical connections.
§ 200-65. Fee.222EN
A fee as set by resolution of the City Council and on file in the city offices shall be paid to the Code Enforcement Officer/Building Inspector for each sign permit issued. Where work for which a permit is required by this article is started or proceeded with prior to obtaining a permit therefor, the fee specified above will be doubled, but the payment of such double fee shall not relieve any person or persons from fully complying with the requirements of this article in the execution of the work nor from the penalties prescribed in this article.
§ 200-66. Issuance of permit.
It shall be the duty of the Code Enforcement Officer/Building Inspector, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this article and other laws and ordinances of the City of Mechanicville and that the necessary fee has been paid, the Code Enforcement Officer/Building Inspector shall, within seven days, issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void but may be renewed within 30 days from the expiration thereof, for good cause shown, upon payment of an additional fee set by resolution of the City Council and on file in the city offices.
§ 200-67. Maintenance required; revocation of permit.
No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this article. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and the sign must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.
A. In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer/Building Inspector shall give written or personal notice specifying the violation to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of such sign and the owner of the land within 30 days from the date of such notice.
B. In the event that such sign shall not be so conformed within 30 days, the Code Enforcement Officer/Building Inspector shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign and/or the named owner of the land. Upon failure of said persons to remove such sign within 30 days from the expiration of said thirty-day period, the Code Enforcement Officer/Building Inspector is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located.
§ 200-68. Removal of certain signs.
A. Any business sign existing on or after the effective date of this article which no longer advertises any existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code Enforcement Officer/Building Inspector, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. Upon failure of the owner to comply with such notice within the prescribed time, the Code Enforcement Officer/Building Inspector is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which the sign is located.
B. If the Code Enforcement Officer/Building Inspector shall find that any sign regulated by this article is unsafe or insecure or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign seven days from the date of said notice. If said sign is not removed or repaired, the Code Enforcement Officer/Building Inspector shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Code Enforcement Officer/Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
§ 200-69. Nonconforming advertising signs.
A. A nonconforming advertising sign is an advertising sign which was installed under laws or ordinances in effect prior to the effective date of this article but which is in conflict with the provisions hereof.
B. All nonconforming advertising signs facing on other streets within the city shall be removed within five years from the effective date of this article.
§ 200-70. Variances and special permits.
The Zoning Board of Appeals of the City of Mechanicville may, in appropriate cases and after public notice and hearing, vary or modify the application of this article in harmony with its general purpose and intent and act on special permits wherever the same are required by the terms of this article.
§ 200-71. Appeals.
Any person aggrieved by any decision of the Code Enforcement Officer/Building Inspector relative to the provisions of this article may appeal such decision to the Zoning Board of Appeals of the City of Mechanicville.
§ 200-72. Revocation of business license.223EN
A violation of any of the provisions of this article shall be grounds for revocation of any business license previously granted to the violator by the City of Mechanicville.224EN
§ 200-73. Amendments.
The city may, from time to time, on its own motion or on recommendation of the Planning Board or the Zoning Board of Appeals, after public notice and hearing, amend, supplement, change, modify or repeal this article pursuant to the provisions of the City Law applicable thereto.
ARTICLE IX, Fences [Added 4-16-1997]
§ 200-74. Definitions.
As used in this article, the following terms shall have the meanings indicated:
FENCE -- Any structure, regardless of composition, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.
FRONT YARD -- Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a front yard for purposes of this article. However, this definition shall specifically not apply for purposes of swimming pool protection.
HEIGHT -- The distance measured from the existing grade to the top of the fence.
§ 200-75. Approval required.
No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer/Building Inspector. The Code Enforcement Officer/Building Inspector shall secure approval of the Bureau of Fire Prevention, where applicable.
§ 200-76. Application for permit; issuance.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer/Building Inspector on a form provided by the Code Enforcement Officer/Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence, the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the city,225EN and be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer/Building Inspector, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper city officials.
§ 200-77. Height limitations.
A. Rear of homes or buildings. No fence shall be more than six feet six inches in height at the rear of homes or buildings situated in a residentially zoned district.
B. Side of homes or buildings. Fences on side yards may be extended to a height of six feet six inches from the rear fence line to a point even with the front of the structure (home or building). Fences cannot extend beyond structures on adjacent properties, on either side. No other fence or portions of fence shall be higher than 48 inches. This restriction shall apply to construction in all zoning districts.
§ 200-78. Location restrictions.
Any fence erected under this article shall be placed at least six inches from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may it be less than one foot back from the front line and/or property line.
§ 200-79. Materials and composition.
A. Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
B. The following fences and fencing materials are specifically prohibited:
(1) Barbed wire.
(2) Short, pointed fences.
(3) Canvas fences.
(4) Cloth fences.
(5) Electrically charged fences.
(6) Poultry fences.
(7) Turkey wire.
(8) Temporary fences, such as snow fences.
(9) Expandable fences and collapsible fences, except during construction of a building.
C. All chain-link fences erected shall be erected with the closed loop at the top of the fence.
D. All entrances or gates shall open into the property.
E. Notwithstanding the provisions of this section, the Code Enforcement Officer/Building Inspector may issue a permit for the construction of a security fence for commercial and industrial properties upon due application to and approval by the Code Enforcement Officer/Building Inspector of the City of Mechanicville.
F. The Code Enforcement Officer/Building Inspector may deny such application if it is found that the fence is not appropriate. Upon such denial, the applicant may appeal the decision of the Code Enforcement Officer/Building Inspector to the Zoning Board of the City of Mechanicville by notice to the same within 30 days of such denial. In the event that the Zoning Board substantiates the denial of the Code Enforcement Officer/Building Inspector, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.
G. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
H. On any corner lot, no structure, fence or planting over three feet in height nor any obstruction to vision other than a post or trimmed tree shall be maintained within a triangular area formed by the lot lines along the streets to the points on such lines a distance of 50 feet from their intersection and the line connecting such points.226EN
ARTICLE X, Administration
§ 200-80. Enforcement.
This chapter shall be enforced by the Code Enforcement Officer/Building Inspector. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter have been complied with.
§ 200-81. Building permit.227EN
A. No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Code Enforcement Officer/Building Inspector. All applications for such permits shall be on forms provided by the Code Enforcement Officer/Building Inspector. There shall be submitted with all applications two copies of a plot plan drawn to scale showing the dimensions of the lot and the location of the building on the lot. For a special permit or site plan approval, the application shall be in accordance with Article V, Special Permit Uses, or Article VII, Site Plan Review, respectively.
B. Building permit renewals.
(1) A building permit will be issued for a period of one year. Building permits are not automatically renewed.
(2) If the project has not been initiated as stipulated by the building permit, a new application must be submitted.
(3) The applicant will be required to abide by current code ordinances.
§ 200-82. Certificate of occupancy.
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer/Building Inspector. Under such rules as may be established by the Board of Appeals, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by the Code Enforcement Officer/Building Inspector. For previously existing construction, the Code Enforcement Officer/Building Inspector may, on request, issue such a certificate if he determines that the use of buildings in question meets the requirements of this chapter.
§ 200-83. Board of Appeals. [Amended 8-14-1991]
A. Appointment and organization. A Board of Appeals in conformity with the provisions of Article 5-A of the General City Law is hereby created. Said Board shall consist of seven members appointed by the Mayor as follows: four members for a term of one year, two members for a term of two years and one member for a term of three years. All members of said Board shall be residents of the City of Mechanicville. The Board may elect one of its members as Chairman, provided that the Mayor has not designated a member as Chairman. In the event of any vacancy on the Board, the Mayor shall appoint a new member to serve the unexpired term. All members shall continue in office until their successors have been duly appointed and qualified.
B. Rules of procedure. In conformity with law and the provisions of this chapter, the Board may adopt rules of procedure for the conduct of its business, provided that such rules and any amendments and additions thereto shall be a part of its written record.
C. Applications; fees.
(1) All matters coming before the Board for its action shall be accompanied by a written application on forms provided by the Board in the case of an application by a property owner or similar person or by a written memorandum if by the Code Enforcement Officer/Building Inspector. Where a public hearing before the Board is required by law or this chapter, the applicant shall pay to the city a fee as set from time to time by resolution of the City Council to cover the costs of such hearing (see fee schedule on file in the city offices). All applications shall be filed with the Code Enforcement Officer/Building Inspector, who shall promptly record the same and transmit the application to the Board.
(2) If the applicant should desire or if the Zoning Board of Appeals should deem it necessary that stenographic minutes of the meeting should be taken, then the applicant shall pay the full expense of said stenographic minutes. In the event that the applicant should desire a stenographic transcript of the proceedings before the Board or in the event the Board should feel a stenographic transcript should be taken, then the applicant will be required to pay to the city an additional fee as set from time to time by resolution of the City Council to cover the cost of said stenographic transcript. In the event that said stenographic transcript costs more than the required fee, the applicant shall pay the balance of said costs to the city. In the event that said stenographic transcript should cost less than the required fee, the city shall return the balance to the applicant.
§ 200-84. Required site plan approval.228EN
A. When a use or development requires a variance or special use permit, the applicant shall submit a detailed site plan as required for a special permit use. A copy of the plan and application shall be transmitted to the Planning Board. The Planning Board shall submit the report fo the Board of Appeals stating its satisfaction with the plan or any modifications to the plan it deems necessary.
B. The Board of Appeals shall not act on such application and plan before receipt of a report from the Planning Board or within 45 days, whichever comes first. In acting on any such application and plan, the Board of Appeals may reject them as not meeting the requirements of this chapter, accept them as suitable or accept them with certain conditions or additional requirements it deems necessary to maintain the value and usefulness of the neighborhood involved.
§ 200-85. Hearings.229EN
Each required hearing shall be preceded by five days' public notice in a newspaper of general circulation in the City of Mechanicville and five days' prior written notice to the applicant at the address given on the application. The day of the hearing shall not be counted in determining notice time.
§ 200-86. Variances.230EN
A. Use variances.
(1) The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(2) No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c) The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) The alleged hardship has not been self-created.
(3) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
B. Area variances.
(1) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(2) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
(a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance;
(c) Whether the requested area variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.231EN
§ 200-87. Penalties for offenses.
A. General. Violations of this chapter shall be subject to the provision of applicable law.
B. Penalties. For violations of any provisions of this chapter, the owner, general agent or contractor or any other person who shall cause to be violated or assist in the violation of any provision of this chapter shall be subject to a conviction of an offense by a proper court. Such violation is punishable by a fine not exceeding $250 or imprisonment for not more than 15 days, or both, for each and every violation. [Added 5-26-1990232EN]
§ 200-88. Notice of violation.
Upon determination by the Code Enforcement Officer/Building Inspector that a violation of this chapter exists, he shall send written notice to the last known owner of record of the property, as determined by the assessment records, informing said owner of the violation and the specific provisions of this chapter involved and stating that if no action is taken to remove such violation in 20 days, he will institute proceedings to compel compliance with this chapter.
ARTICLE XI, Amendments
§ 200-89. Authority.
This chapter may be amended in conformity with the provisions of law.
§ 200-90. Initiation.233EN
The City Council may, on its own initiative or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
§ 200-91. Referral to Planning Board.
Except in the case of an amendment initiated by a recommendation of the Planning Board, all proposed amendments shall be referred to the Planning Board by the Common Council for a report. The Planning Board shall have 30 days after such referral in which to submit said report, and the Common Council shall not hold the public hearing before the thirty-day limit has expired or it has received said report.234EN
DISPOSITION LIST
The following is a chronological listing of legislation of the City of Mechanicville adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Information regarding legislation which is not included in the Code nor on this list is available from the office of the City Clerk. The last legislation reviewed for the original publication of the Code was Ord. No. 99-2, adopted 4-21-1999. A complete listing, including disposition, of all legislation reviewed in conjunction with the original publication of the Code is on file in the office of the City Clerk.
Adoption
Enactment Date Subject Disposition