City of Geneva, NY Article III Lakefront District Planned Unit Development

[Added 5-6-1987 by Ord. No. 87-10]

§ 350-8 Intent; objectives; procedures; definitions.

A. Intent. The intent of this planned unit development (PUD) provision is to encourage a greater degree of flexibility for development and to provide a variety of residential and nonresidential activities in a planned, controlled environment in a manner blending all land uses into a functionally and aesthetically complementary whole. A planned unit development proposal may contain both individual building sites and common property which are proposed for development as an integrated land use unit. A mix of light manufacturing/research development and commercial uses may be included to provide employment opportunities and enhancements to the tax base. Retail and service uses may be included to provide for shopping needs.

(1) This article recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. A rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a planned unit development district by the City Council, the use and dimensional specifications elsewhere in the codes of the City of Geneva are replaced by an approval process in which an approved PUD plan becomes the basis for continuing land use controls.

(2) As presented in this article, the planned unit development concept is subdivided into two types of districts: a planned residential development (PRD) and a planned commercial development (PCD), each of which is subject to specific development requirements and limitations. For purposes of interpretation, the term "planned unit development" or "PUD" can be taken to mean planned residential development or planned commercial development, as appropriate.

(3) While public lands in the Lakefront District do not qualify for regulation under this article, it is the intent of the City that the site planning criteria and guidelines which constitute the substance of this article apply to any and all development on public lands in the Lakefront Zoning District.

(4) This article is augmented and supplemented by Article IV, Appearance Code for Lakefront Zoning District, which sets standards and offers guidelines for architectural and site-related aspects of appearance for development in both private parcels and public lands within the Lakefront District as shown in the attached Lakefront District Zoning Master Plan.[1] The criteria of the Appearance Code are applicable to the site plan review process inherent in this article.

[1] Editor's Note: The Lakefront District Zoning Master Plan is on file in the City offices.

B. Objectives. To implement the intent of the planned unit development provision, the following objectives must be met:

(1) A maximum choice in the types of environment, occupancy tenure (e.g., cooperative, individual, condominium, or leasing), types of housing, lot sizes and community facilities available to persons at all economic levels.

(2) Provision of usable open space and recreation areas and convenience in location of retail sales and service areas.

(3) A development pattern which preserves trees, enhances important vistas and views, outstanding natural topography and geographic features, and prevents soil erosion.

(4) A creative use of land and related physical development which allows an orderly transition of land from rural areas.

(5) An efficient use of land resulting in smaller networks of utilities and streets.

(6) A development pattern in harmony with the objectives of this chapter.

(7) A more desirable environment than would be possible through the strict application of other articles of this chapter.

(8) A mixture of land uses to enhance job creation and retention, increase of tax base, and variety of settings.

C. Procedures overview.

(1) The classification of a property as a planned unit development (PUD) requires the undertaking of a two-step process involving the approval of both the Planning Board and the City Council.

(2) In the first step, the Planning Board responds initially to the applicant's submission of a conceptual sketch plan and a general outline that discusses the contemplated development for the PUD. The Planning Board ensures compliance with the general requirements of this article and directs the preparation of the project plan narrative and graphic documentation.

(3) Upon approval of the concept sketch plan, the second step involves application for the establishment of a planned unit development district. This step is governed by the City Council and requires a public hearing. In the case where the Planning Board files an unfavorable advisory report with the City Council, the applicant may request a separate review by the City Council.

(4) Subsequent to these first two approvals classifying the PUD, the site plan review process requires that the applicant prepare detailed preliminary and final site development plans which conform to any conditions of approval established in the approval of the initial concept sketch. All interpretation of land use regulations related to the proposed PUD shall be determined by the Planning Board.

D. District boundary definition.

(1) It is the intent of this article that planned unit development apply only to the Lakefront Zoning District as delineated on the Official Zoning Map[2] of the City of Geneva.

[2] Editor's Note: The Zoning Map is on file in the City offices.

(2) Modifications to the Lakefront Zoning District may be subsequently determined and established by City Council.

(3) Generally, the boundaries of the Lakefront Zoning District are as follows: Beginning at the point of intersection of the shoreline of Seneca Lake and the Conrail right-of-way east of Hamilton Street, north to the intersection of Linden and Washington Streets, east to Exchange Street, north to Franklyn Street, east to the Conrail right-of-way, north and east along the Conrail right-of-way to the Ontario County line, south along the county line to a point 1,000 feet off shore in Seneca Lake, and thence along a line generally 1,000 feet from the high water mark to the point of beginning.

E. Master Plan. All references in this article to an official master plan pertain to the attached Lakefront District Zoning Master Plan dated March 27, 1987, which defines the permitted uses on a parcel-by-parcel basis.[3]

[3] Editor's Note: The Lakefront District Zoning Master Plan is on file in the City offices.

F. Definitions. Terms used in this article shall generally have the meanings indicated in Article I, § 350-2 of this chapter. The following definitions take precedence over the intent of any similar terms found in this chapter.

AREA

The extent of surface contained within the boundaries or extremities of land or building.

CARPORT

A covered parking structure enclosed on three sides but without doors.

COMMUNITY CENTER

Any building, room, or area designed or utilized primarily for indoor recreational, educational and civic pursuits and purposes by the owners and residents of the planned unit development, but not including any retail, service, or other commercial activities.

DWELLING, MULTIFAMILY

A building arranged, intended or designed to provide three or more dwelling units independent of each other but having common hallways and entrances.

DWELLING, SINGLE-FAMILY ATTACHED

A building designed and occupied exclusively as a residence for one family and one of a group of three or more attached dwellings, placed side by side, separated by party walls, each containing one or two stories and each having separate front and rear or side and rear or front and side entrances from the outside.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings. The floor area of a building is restricted to those levels above the surface of the ground and shall not include any basement or garage spaces under the surface. Garage facilities above the surface shall be included. Where the ground level changes a full story height or more along a building line, the floor area of such story shall be prorated in proportion to the average story height above grade.

FLOOR AREA, NET

The floor area of a building, but excluding stairwells and elevator shafts at each floor, parts of floors devoted exclusively to vehicular loading or parking, and all space devoted to mechanical services.

FLOOR AREA RATIO

The ratio between total site area and maximum floor area of principal and accessory structures permitted in a PCD district. Total site area shall be the entire site within the property lines of any development. In determining the floor area ratio, the gross building floor area shall be calculated based on parking and open space requirements according to type of land use or mix of uses. See § 350-9E(2)(a) of this article.

FRONT YARD

The setback distance from the principal building line and street right-of-way in the case of dedicated City streets or pavement edge in the case of private drives or parking lots.

GARAGE

Covered parking enclosed on three sides and provided with doors and located as an accessory structure or incorporated into principal structures.

GROSS AREA

Total of all land within the planned unit development, used in calculating the base density of development in the PRD.

LIGHT MANUFACTURING/RESEARCH DEVELOPMENT

The manufacture, assembly or packing of products not objectionable or injurious due to smoke, noise, odors, glare, dust, or the release of hazardous materials. Such products would include cloth, metal, plastic, paper, wood, electronic instruments or devices, pharmaceutical, optics, precision instruments, laboratories, research and development and similar activities conducted completely within a building.

OPEN SPACE, COMMON

Outdoor property, not occupied by structures, roads, or service areas, set aside for the recreational use and enjoyment of the owners and residents of the planned unit development and intended to enhance the present or potential value of the remaining lands in the planned unit development.

OPEN SPACE, DEVELOPED

Open space which contains structures, improvements and/or landscaping necessary and appropriate for the benefit and enjoyment of the owners and residents of the planned unit development for active and passive recreation purposes.

PLANNED COMMERCIAL DEVELOPMENT

A commercial development in accordance with a single plan for compatible land uses and the placement of buildings which may not correspond to the intent of the existing City Zoning Ordinance for similar uses.

PLANNED RESIDENTIAL DEVELOPMENT

A residential development (as above, "planned commercial development").

PROFESSIONAL AND BUSINESS OFFICES

Include but are not limited to the following services: planner, architect, landscape architect, doctor, dentist, insurance agency, lawyer, engineer, accountant, realtor, art and photography studios, and travel agencies.

RETAIL SALES AND SERVICE FACILITIES

Those commercial facilities which may serve the residents living within or in the vicinity of the planned unit development. Retail sales and service facilities include the following: retail business or service establishments, banks, restaurants, hotels, conference centers, convenience stores, drugstores, barbershops, beauty salons, dry cleaners, data processing services, theaters, sporting goods, clothing and jewelry stores, professional and business offices or laundromats.

§ 350-9 General requirements.

A. Minimum area.

(1) The minimum area required in the Lakefront District to qualify for a planned unit development (PUD) shall be five contiguous acres of land, exclusive of areas to be dedicated to the City for public purposes and with the exception of parcels L-1, L-2, L-3, L-4 and L-6 as shown in the Lakefront Zoning District Master Plan. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section, the City Council may consider projects with less acreage.

(2) All development parcels eligible for classification to PUD status are shown on the Lakefront Zoning District Master Plan. A PUD district may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a public or private right-of-way, may be considered contiguous if in the opinion of the City Council the continuity of development of the original PUD district is maintained.

B. Ownership. The tract of land for a PUD may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner, or jointly by the owners, of all property included in the project. In the case of multiple ownership, the approved PUD plan is binding on all owners.

C. Permitted uses. This subsection sets forth the uses approved for a planned unit development. Such uses include and shall be limited to the following, according to type of district:

(1) Planned residential development (PRD).

(a) Single-family attached dwellings.

(b) Multifamily dwellings.

(c) Noncommercial community center facilities.

(d) Common, public or private open space, park, or recreation areas, including playgrounds, walkways, swimming pools, tennis courts, marinas, and other similar recreational activities.

(e) Accessory uses on the same parcel with, and customarily incidental to, any of the foregoing land uses, including off-street parking facilities, garages, storage facilities for landscape and building maintenance equipment, and satellite signal receiving equipment.

(f) Model home exhibits, temporary sales and construction offices and uses accessory thereto, solely in conjunction with the planned unit development.

(g) Under special authorization by the Planning Board, and consistent with the objectives of this article, the following retail sales and service uses may be allowed in a PRD:

[1] Convenience store.

[2] Drugstore.

[3] Laundromat.

(2) Planned commercial development (PCD).

(a) Retail sales and service uses.

(b) Business and professional offices.

(c) Light manufacturing.

(d) Research and development facilities.

(e) Municipal uses.

(f) Educational uses.

(g) Marinas, marine services (not including boat storage), and water-related recreation and commercial uses.

(h) Common public or private open space, park or recreation areas, including walkways, sitting areas, courtyards and plazas, arcades, shelters and similar recreational uses.

(i) Accessory uses on the same parcel with, and customarily incidental to, any of the foregoing land uses, including off-street parking and loading areas, garages for commercial vehicles, and storage areas for trash and refuse.

D. Mix of uses. The mix of permissible uses, scale of any such use, density and general design standards shall be determined by the Planning Board in its review of the project plan and pursuant to the provisions set forth in this article.

E. Area limitations. Within the planned unit development, the following percentage of the gross land area shall be devoted to specific uses:

(1) In a planned residential development, a maximum of 30% for all residential uses, including all principal and accessory structures but excluding any open space and recreation uses as defined in this article and the space devoted to streets and required off-street parking lots within the parcel.

(2) In a planned commercial development, a maximum of 70% for retail sales and service, business offices, light manufacturing, research facilities or a combination thereof. Said maximum shall include all principal and accessory structures, and the parking and service areas exclusively servicing such facilities within the parcel.

(a) On certain nonresidential development parcels shown on the Lakefront Zoning District Master Plan, a minimum floor area to gross lot area ratio shall be established by the Planning Board. Such a minimum ratio will be calculated by the Board on the basis of the applicant's proposed mix of uses as they relate to parking and open space requirements and other general requirements of this article.

[1] The following chart will be useful in calculating maximum building coverage on a development site as it relates to variable parking space requirements per 1,000 square feet net floor area (refer to Subsection H of this section which lists required parking according to type of land use) and as it relates to various building scenarios in number of stories (refer to height limitations in this article). Divide the appropriate factor in the chart into the gross land area in square feet to find the number of thousands of square feet of allowable gross floor area, then divide by the number of stories to find the actual building footprint square footage.

[2] In cases where parking requirements are related to number of employees, the applicant must determine the number of employees per 1,000 square feet net floor area and convert to the appropriate parking count.

	Number of Stories
Number of Parking Spaces per 1,000 Square Feet Net Floor Area	1	2	3	4	5	6
1	1,895	1,101	943	824	752	704
2	2,363	1,648	1,410	1,291	1,220	1,171
3	2,830	2,116	1,877	1,758	1,687	1,638
4	3,297	2,583	2,344	2,226	2,154	2,106
5	3,764	3,049	2,811	2,693	2,621	2,573
6	4,231	3,517	3,278	3,160	3,088	3,040
7	4,698	3,984	3,746	3,627	3,556	3,507
8	5,166	4,451	4,213	4,095	4,022	3,974
9	5,633	4,919	4,680	4,561	4,490	4,441
10	6,100	5,386	5,147	5,029	4,957	4,908
1	1,895	1,101	943	824	752	704
2 11	2,363 6,567	1,648 5,853	1,410 5,614	1,291 5,495	1,220 5,424	1,171 5,376
12	7,034	6,320	6,081	5,963	5,891	5,842
13	7,501	6,787	6,548	6,430	6,358	6,310
14	7,969	7,254	7,015	6,897	6,826	6,777
15	8,436	7,721	7,483	7,364	7,293	7,244

(3) A minimum of 20% for developed and unimproved common or public open space and recreational uses as defined in this article. This area shall exclude all streets, roads, and required parking spaces within the parcel.

F. Density. This subsection pertains to the density of development of residential land uses in the planned residential development. The base residential unit density within the parcel shall be eight dwelling units per acre in the case of single-family attached dwellings and 12 dwelling units per acre in the case of multifamily development. The maximum average unit density should not exceed 10.8 dwelling units per acre. To encourage development which meets the objectives of this article, densities beyond the base density shall be permitted when additional recreational improvements, open space, architectural character and siting considerations are included in the project plan by the developer. (See Appendix A.)

(1) The mix of residential units among single-family attached dwellings and apartment buildings shall be determined by the Planning Board, but no single type of residential use shall comprise more than 65% of the total residential units.

(2) Additional requirements that apply to single-family attached dwellings:

(a) There shall be no continuous group of more than eight dwelling units or of more than 200 feet in total length.

G. Geometric controls. The following controls or standards shall apply uniformly in the PRD and PCD districts:

(1) Distance between buildings.

(a) Residential. Front, rear and side yards for residential areas shall be designed so that a single-family building is no closer than 20 feet to any other single-family building and 50 feet to any nonresidential buildings. A multifamily building may be no closer than 40 feet to any single-family dwelling unit or other multifamily unit and no closer than 50 feet to any nonresidential building.

(b) Nonresidential. Front, rear and side yards for nonresidential uses shall be designed so that a building is no closer than 40 feet to any other nonresidential building and 50 feet to any residential building. For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with nonresidential requirements.

(c) Accessory structures shall be no closer than 10 feet to the principal structure with which they are associated and no closer than 20 feet to any other principal structure and five feet to any other accessory structure.

(2) Distance from parcel boundaries, streets and other paved areas. The minimum distance between any point on a building and a parcel boundary, a dedicated street right-of-way, private driveway or parking lot shall not be less than 20 feet or the height of the building, whichever is greater, in a residential district and 20 feet or 1/2 the height of the building, whichever is greater, in a nonresidential district.

(3) Height.

(a) Residential. The maximum height of single-family dwellings and multifamily dwellings shall not exceed 36 feet (three floors) and 72 feet (six floors), respectively, and accessory structures shall not exceed 15 feet.

(b) Nonresidential. The maximum height of all principal structures shall not exceed 72 feet (six floors) in any parcel nor be less than 36 feet (three floors) in height in parcels so designated on the Lakefront District Master Plan. Accessory structures shall not exceed 36 feet in any parcel.

(c) All heights specified do not include necessary rooftop mechanical equipment or enclosures.

H. Parking and loading. Off-street automobile parking spaces and truck loading areas for the various permitted uses in planned unit development districts shall be provided as follows:

(1) Planned residential development.

(a) Single-family attached dwellings: 1.5 spaces per dwelling, including one space in the driveway of each dwelling unit. In addition to required off-street parking, all single-family attached dwelling units shall be provided with a garage of sufficient dimension to accommodate a single automobile.

(b) Multifamily: one space per efficiency or one-bedroom unit; 1.2 spaces per two-bedroom unit; and 1.5 spaces per three-bedroom unit. Carport and garage parking may be provided for multifamily residential units on the basis of one space per dwelling unit.

(c) Community center: one space per 200 square feet net floor area.

(2) Planned commercial development.

(a) Retail sales and services: two spaces per 1,000 square feet net floor area on site and one space per 1,000 square feet net floor area off site.

(b) Business and professional offices: one space per 1,000 square feet net floor area on site and one space per 1,000 square feet net floor area off site.

(c) Light manufacturing: one space for each two employees.

(d) Research and development facilities: one space for each two employees.

(e) Marinas and marine services: two spaces per 1,000 square feet net floor area retail space plus two spaces for every four slips.

(3) Additional parking requirements for specific uses are as follows:

(a) Banks: 16 spaces per 1,000 square feet net floor area.

(b) Restaurants.

[1] Carry-out: seven spaces per 1,000 square feet net floor area.

[2] Drive-in: 32 spaces per 1,000 square feet net floor area.

[3] Sit-down/high turnover: 16 spaces per 1,000 square feet net floor area.

[4] Sit-down/low turnover: 13 spaces per 1,000 square feet net floor area.

(c) Conference center: one space per 100 square feet assembly space.

(d) Theaters: one space per five seats.

(e) Hotel: one space per sleeping unit.

(f) Bar or nightclub: 13 spaces per 1,000 square feet net floor area; 16 spaces per 1,000 square feet net floor area with live entertainment.

(4) Additional general requirements.

(a) In cases where parking requirements are proposed to be accommodated both on and off site, a parking plan must be submitted. The development of such a parking plan will be a joint effort of both the applicant and the City. Existing on-street parking may not be considered in any parking plan. Proposals for joint use of City-owned parking must be reviewed and approved by the Planning Board.

(b) When parking spaces are required on the basis of number of staff or employees, the maximum number present at any one time shall govern.

(c) A perimeter open space at least 10 feet wide, planted with deciduous trees and turf grass, or a durable and well-maintained solid wall, fence, compact evergreen hedge or other screening device three to four feet in height shall be provided along every dedicated street right-of-way. A screening device not less than six feet in height and not more than eight feet in height shall be provided where a nonresidential parking lot adjoins a residential use.

(5) Design standards. The following standards apply in both PRD and PCD districts:

(a) Each off-street parking space shall have the following maximum dimensions, width to length:

[1] Parallel parking: eight feet by 24 feet.

[2] Perpendicular parking: nine feet by 18 feet.

(b) There shall be adequate provision for ingress and egress to all parking areas.

(c) All parking areas, except driveways serving individual single-family attached dwellings, shall be designed to permit cars to exit without backing onto any street or sidewalk.

(d) Each parking space shall be provided with a sufficient backup area to permit egress in one maneuver, consisting of one backward and one forward movement.

(e) Every off-street parking lot shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface and shall be graded and drained to dispose of all surface water accumulation by means of a subsurface storm sewer system. The surface and drainage system shall be approved by the City Engineer.

(f) Individual parking stalls shall be clearly identified by markings four inches to six inches in width.

(g) Fixed lighting shall be so arranged to prevent direct glare of beams onto any public or private property or streets.

(h) Car stops shall be provided, located and designed to protect required screening devices and landscaping from damage by vehicles.

(i) Trees located in paved areas shall be provided with tree pits protected by curbing.

(j) No area of any parking lot, excluding access ramps, shall have excessive slopes unless approved by the City Engineer.

(k) All parking lots shall provide for snow removal. No parking on City streets, or traffic lanes, will be allowed. Disposal of snow in Seneca Lake is prohibited.

(l) A minimum of 5% of total available spaces shall be designed to be accessible to the handicapped and shall be conveniently located.

(6) Special standards. The following standards shall apply to any accessory parking area located in a residential front yard of single-family attached dwelling units:

(a) Each space shall be accessory to, and permanently assigned to, a single dwelling unit and be located in the front yard of such unit.

(b) No more than one space shall be located in the front yard of any dwelling unit, and no more than two spaces shall be contiguous with each other.

(c) Areas between driveways shall be landscaped in an appropriate manner so as to minimize the visual impact of the automobiles' presence. Plantings shall include a minimum of one two-inch caliper deciduous tree or one five-foot minimum height conifer, plus one small flowering tree of one-and-one-half-inch caliper and five ornamental shrubs of eighteen-inch minimum height.

(d) Every parking space and driveway shall be designed and shall be of sufficient length and width to prevent the parked auto from encroaching on any street or sidewalk.

(e) The grade of driveway pavement to street shall not exceed 5%.

(f) The width of any single driveway or parking space shall not be less than nine feet nor greater than 12 feet.

(7) Loading requirements. For uses not expressly listed in this article for planned unit developments, loading spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Planning Board.

(a) Loading spaces shall be located on the same parcel as the building or structure to which they are accessory.

(b) The duty to provide and maintain off-street loading and unloading spaces shall be the joint and several responsibilities of the owner, operator and lessee of the use for which off-street loading and unloading spaces are required.

(c) Loading spaces may be located anywhere on a lot, except that no part of any loading space shall extend into any required front yard.

(d) Loading spaces shall be provided in sufficient number and of sufficient size so that no loading or unloading operations infringe upon any street or sidewalk.

(e) A minimum of one loading space shall be provided for each commercial, industrial and institutional use unless a legal instrument, approved as to form and manner of execution by the City Council, is executed by the owners of two or more such uses requesting the joint use of the off-street loading spaces and is filed with the application for planned unit development zoning.

(f) Sufficient screening, in the form of berms and planting or fencing, shall be provided along all lot lines abutting any residentially zoned or developed property to visually insulate the residential use from all operations, materials and vehicles within any loading space.

(g) Loading areas accessory to commercial uses, or planned commercial developments, shall be located and screened so as to minimize public awareness.

(h) Each loading space shall have the following minimum dimensions, in feet:

		Size
	Type	Width	Length	Height
	Tractor-trailer	12	55	14
	Other	12	35	14

(i) Loading spaces shall be designed and arranged to provide access to a street or alley in a manner which will create the least possible interference with traffic movement. Access to and from loading spaces shall be approved by the City Engineer.

(j) Every loading space shall be surfaced with an asphaltic or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system. Individual stalls shall be clearly identified by markings four to six inches in width.

(k) Fixed lighting shall be so arranged to prevent direct glare of beams onto any public or private property or streets.

(l) No signs shall be displayed in any loading area except such signs as may be necessary for the orderly use of the loading space.

I. Sign controls. The regulation of signs by this article is intended to promote and protect the public health, safety and welfare by creating signage compatible with the physical environment and land uses, by creating a more attractive economic and business climate within the commercial and industrial areas of the City, by enhancing and protecting the physical appearance of all areas of the City and by reducing the distractions, obstructions and hazards to pedestrian and auto traffic caused by the indiscriminate placement and use of signs.

(1) Scope. The requirements of this article are in addition to the regulations found in § 350-30 of this chapter and are to be supplemented by the applicable portions of the Appearance Code for planned unit developments, which is appended to this article.[1] Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this article relate to the location of signs, by function and type, within planned commercial and planned residential developments and shall be in addition to the provisions of the Building Code and Electrical Code of the City as they apply to the construction and maintenance of signs.

[1] Editor's Note: See Art. IV of this chapter.

(2) Site plan review. Every application for preliminary site plan approval shall be accompanied by a copy of the plans and specifications showing the method of construction, illumination and support of any sign, as well as a sketch drawn to scale showing sign faces, exposed surfaces, and the proposed message and design, accurately represented as to size, area, proportion and color, and by a calculation of the total sign area in relation to the appropriate building facade.

(3) General definitions and classifications of signs. For the purposes of this article, signs shall be defined and classified in the following manner:

ATTENTION-GETTING DEVICE

Any pennant, flag, valance, banner, propeller, spinner, streamer, searchlight, flashing light, balloon or similar device or ornamentation designed for the purposes of attracting attention, promotion or advertising.

DISPLAY SURFACE

The area made available by a sign structure for the purpose of displaying the message.

FLASHING SIGN

Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

ILLUMINATED SIGN

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination, or project images. "Sign" does not include the flag or emblem of any nation, organization of nations, state or City or of any fraternal, religious or civic organization; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; graffiti; or scoreboards located on athletic fields.

(4) Functional definitions. For the purposes of this article, the function of signs shall be as defined and classified in the following manner:

ADDRESS SIGN

A sign containing only the name or symbol of an owner, occupant or use and/or the street number of the building or premises as required by the City.

ADVERTISING SIGN

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

BUSINESS SIGN

A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located.

CONSTRUCTION SIGN

A temporary sign erected on the premises on which construction is taking place during the period of such construction indicating the names of the architects, engineers, landscape architects, contractors and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project.

GOVERNMENTAL SIGN

A sign erected and maintained pursuant to and in discharge of any governmental regulation.

HOLIDAY DECORATIONS

Signs in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. Any other provision of this section to the contrary notwithstanding, such signs may be of any type, number, area, height, location, illumination or animation.

JOINT IDENTIFICATION SIGN

A sign which serves as a common or collective identification for two or more commercial business or industrial uses sharing space in a planned commercial development and which is located on such premises. Joint identification signs shall be permitted as provided by this article so long as the total area of each sign does not exceed either 100 square feet or the restrictions of the district in which such sign is located, whichever is smaller.

MEMORIAL SIGN

A sign or table memorializing a person, event, structure or the like.

ON-SITE INFORMATIONAL SIGN

A sign commonly associated with, and limited to, information and directions necessary for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, rest rooms, pickup and delivery areas and the like.

POLITICAL SIGN

A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

PUBLIC SERVICE INFORMATIONAL SIGN

A sign capable of transmitting by intermittent lighting variable information to the public, such as date, time, and temperature, stock report, storm warnings, weather information, traffic control messages, news stories, etc. Public service messages do not include advertising, announcements of private events, promotional messages or political campaign promotions.

REAL ESTATE SIGN

A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

RESIDENTIAL DISTRICT SIGN

A permanent sign announcing the name of a planned residential development and located at the principal points of entry to the development.

WARNING SIGNS

Signs limited to messages of warning, danger or caution.

(5) Structural types. For purposes of this article, signs shall be identified and classified according to the structure in the following manner:

AWNING OR CANOPY SIGN

A sign that is mounted or painted on or attached to an awning or canopy that is otherwise permitted by this chapter.

GROUND SIGN

Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.

POLE SIGN

A sign that is mounted on a freestanding pole or other supports so that the top edge of the sign face is more than eight feet above grade.

PORTABLE SIGN

A sign that is not permanently affixed to a building, a structure or the ground, but not including identification lettering on vehicles and advertising on buses.

PROJECTING SIGN

A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. A banner made of fire-resistant material and meeting the foregoing standards shall be considered a projecting sign.

ROOF SIGN

A sign that is mounted upon the roof of a building or which is wholly dependent upon a building for support and which projects more than 12 inches above the roof peak.

TEMPORARY SIGN

A sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material and intended to be displayed for a short period of time.

WALL SIGN

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such building or structure.

WINDOW SIGN

A sign which is applied or attached to the exterior or interior of a window.

(6) General standards. The following general standards shall apply to all signs:

(a) Sign measurement.

[1] Area to be included. The area of a sign shall include all lettering, wording, designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign.

[2] Signs attached to the walls. Where a sign consists of individual letters, words or symbols attached to a surface, building, canopy, awning, wall or window, the sign area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the natural color of the wall.

(b) Height of signs. Sign height shall be measured between grade and the highest point of the highest element of the sign face.

(c) Illumination. In no event shall an illuminated sign be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon any adjacent public or private premises so as to cause glare or reflection that may constitute a nuisance or traffic hazard. No illuminated sign located adjacent to, or across the street from, any residential district shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the use to which the sign pertains is open for business.

(d) Electrical elements. All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the City Electrical Code. All Underwriters' Laboratories labels shall be affixed to any sign having an electrical component, or proof of the New York State Board of Fire Underwriters' approval shall be submitted to the City Engineer.

(e) Structural elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the City Building Code.[2]

[2] Editor's Note: See Ch. 105, Building Construction.

(f) Obstruction of accessways. No sign or sign structure shall obstruct free ingress or egress from a fire escape door, window, or other required accessway.

(g) Obstruction of light and air. No sign shall be erected or maintained within the zone of light obstruction for any window opening into any habitable room of any residential unit.

(h) Obstruction of window surface. No sign shall project over, occupy or obstruct any window surface required for light or ventilation by the applicable code.

(i) Traffic safety. No sign shall be maintained at any location where, by reason of its position, size, shape, content or color, it may obstruct, impair, obscure, interfere with the view of or be confused with any traffic control sign, signal or device or where it may interfere with, mislead or confuse traffic.

(j) Signs in rights-of-way. No sign, except publicly owned signs, shall be placed in or extend into or over any public right-of-way unless the sign owner has received the written approval of the City Engineer regarding the adequacy of the sign owner's liability insurance program.

(k) Sign maintenance.

[1] The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

[2] Unsafe signs or unsightly, damaged, or deteriorated signs or signs in danger of falling shall be put in order or removed upon written notice. Immediate compliance is expected for the repair or removal of unsafe signs. If compliance is not achieved within the time period specified in such notice, the sign shall be repaired or removed by the City and the costs assessed to the property owner.

[3] Unsafe temporary signs or unsightly, damaged, or deteriorated signs or signs in danger of falling shall be put in order or removed upon written notice. Immediate compliance is expected for the repair or removal of unsafe temporary signs.

(7) Signs specifically prohibited. The following signs are prohibited in all PRD and PCD districts and shall not be erected, maintained or permitted to continue in any district:

(a) Attention-getting devices, except as expressly authorized by City permit.

(b) Temporary signs, except as expressly authorized in this section.

(c) Signs on vehicles. No person shall park any vehicle or trailer on any street, on any public property or on any private property so as to be visible from any street, which vehicle or trailer has attached thereto or located thereon any portable or temporary sign or advertising device intended primarily to provide advertisement of products or direction to any business or activity located on the same or any other premises.

(d) Portable signs. No portable sign shall be allowed unless the City Engineer shall have issued a temporary permit for the display and use thereof. Under no circumstances shall the City Engineer issue such temporary permit except for special occasions or events, such as festivals, bazaars and temporary sales of temporary duration. Such temporary permit shall contain such restrictions on the size and location of portable signs as he deems to be appropriate.

(e) Any outdoor sign which advertises, identifies or pertains to a business no longer conducted or a product no longer sold on the premises where such sign is located. Such signs shall be removed within 30 days following cessation of the relevant activity.

(f) Any sign on a tree or utility pole or painted on or otherwise directly affixed to any rock, ledge or other natural feature, whether on public or private property.

(8) Signs permitted in any district. Except as expressly prohibited in this article, the following signs may be erected and maintained in a PCD or PRD district:

(a) Address signs. Address signs, provided that such signs are limited to no more than one sign per occupancy. Such signs shall be attached to or mounted on the building, may not exceed one square foot in area and may be illuminated only by an indirect source of light (no internally illuminated sign).

(b) Construction signs. Not more than one construction sign of no more than 50 square feet in area per construction site. No such sign shall be maintained for more than 14 days following the conclusion of the construction in question.

(c) Flags and emblems. Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organization.

(d) Governmental signs. Governmental signs, provided that the content and size of any such sign shall not exceed the requirements of the law, ordinance or regulation pursuant to which such sign is erected.

(e) Holiday decorations. Holiday decorations, provided that such signs shall be displayed for a period of not more than 30 consecutive days nor more than 15 days following the holiday in connection with which they are displayed.

(f) Home occupation signs. Not more than one sign per occupancy, not to exceed one square foot in area, identifying a home occupation. Such sign shall be attached flat against the dwelling, shall not be lighted and shall contain only the occupant's name and occupation.

(g) Memorial signs. Memorial signs, provided that such signs are integral with the building and are made of durable materials such as bronze, stone or concrete.

(h) On-site informational signs. On-site informational signs, provided that each such sign is limited to a wall, window or ground sign of not more than five square feet in area and not more than eight feet in height above grade.

(i) Political signs. Political signs, provided that such signs are not more than 32 square feet in area if located in a PCD district or eight square feet in area if located in a PRD district; are limited to not more than one per lot; are located entirely on private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 45 days prior to such election; and are removed within seven days following such election.

(j) Private sale signs. Private sale signs, provided that such signs are no more than five square feet in area; are located entirely on the premises where such sale is to be conducted or on other private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 12 hours in advance of such sale; and are removed on the day following the conclusion of such sale.

(k) Not more than one "for sale or rent" or "sold or rented by" real estate sign of not more than eight square feet in area per residential lot or 50 square feet in area per commercial or industrial lot. "For sale" signs shall be removed within 24 hours of the removal of all contingencies in any purchase agreement. "Sold by" signs may be erected on the property for not more than 14 contiguous days thereafter. The owner of each such sign or signs, and any person named on the sign or signs, shall be responsible for removal of the sign or signs. The name and telephone number of the person responsible for such removal shall be marked on the sign.

(l) Temporary community signs. Temporary nonilluminated signs advertising coming events, special sales, contests and promotional activities sponsored by a nonprofit organization. The name, address and telephone number of the person responsible for removal of the sign shall be clearly marked on the sign.

(m) Warning signs. Warning signs, provided that such signs are wall or ground signs, are no more than three square feet in area each and are illuminated only by an indirect source of light (no internally illuminated signs).

(9) District regulation for planned residential developments. Signs shall be permitted as follows:

(a) All functional types permitted in Subsection I(8) above.

(b) Residential district entry signs.

(c) Business signs when accessory to a specially permitted commercial use in a PRD and subject to the district regulations for a planned commercial development.

(d) Structural types permitted: ground signs and wall signs.

(e) Number of signs permitted will be as allowed in Subsection I(8), one wall or ground sign when accessory to a specially permitted commercial use, and a maximum of two residential district entry signs.

(f) Maximum gross surface area shall be 24 square feet for a wall or ground sign. No sign shall have more than two faces.

(g) Maximum height of signs shall be six feet for ground signs. Wall signs shall be no higher than the second floor windowsill or the roof eave if no windows or openings occur in the facade.

(h) Minimum setback shall be 10 feet from all parcel boundaries or right-of-way lines.

(i) Indirect or internal illumination with white light is permitted. No flashing, animated, moving or bare bulb signs are permitted.

(10) District regulations for planned commercial developments. Signs shall be permitted as follows in a planned commercial development:

(a) All functional types of signs listed in this article are permitted except advertising signs.

(b) Structural types permitted include awning or canopy signs, wall signs, projecting signs, and window signs. Ground signs may be permitted under special authorization by the City Council under the recommendation of the Planning Board. Roof signs, pole signs, and projecting signs are specifically prohibited in a planned commercial development.

(c) The number of signs permitted shall be limited to one per occupant per facade facing a public right-of-way, except that a window sign may be used in concert with either a projecting sign, wall sign or an awning or canopy sign.

(d) The maximum gross surface area shall be limited to 24 square feet for a wall sign and 20% of window area for window signs. When authorized, ground signs shall be limited to 24 square feet in area. Under special authorization of the City Council under the recommendation of the Planning Board, wall signs may be increased in gross surface area to 10% of the facade area facing a public right-of-way. Such signs may have only indirect illumination (no internally illuminated signs). Under special authorization to increase the surface area of a wall sign, the Planning Board shall approve the maximum mounting height.

(e) Maximum height of signs permitted:

[1] Awning or canopy signs: 10 feet.

[2] Wall and projecting signs: 15 feet.

[3] Ground signs: six feet.

(f) Minimum setback required for ground signs shall be five feet from right-of-way lines and 10 feet from any parcel boundary.

(g) Type of illumination permitted shall be limited to indirect and internal white light for wall signs and ground signs. Neon and other gas tube illumination is permitted for window signs. No flashing, animated, moving or bare bulb signs are permitted. No internally illuminated projecting signs are permitted.

(h) Projecting signs shall be limited to 10 square feet in surface area and shall be limited in materials to wood, wrought iron, brass and copper, and plastics. Plastic signs shall be sculpted or molded into forms related to the commercial purpose.

(i) Where two or more separately owned enterprises are located in a single building or buildings connected or adjacent which have been developed as part of a planned commercial development, a joint identification sign referring to the businesses may be erected under special authorization of the City Council and by recommendation of the Planning Board. Such sign may be either a wall sign or a ground sign. The maximum gross sign area shall not exceed 100 square feet in size and shall be subject to all other requirements of signs in a planned commercial development.

J. Open space requirements. Developed and undeveloped open space in a planned unit development may be one or more sites for use in common by all of the occupants within the project area or by the residents of the City as a whole, depending upon dedication of such sites. In all cases, such open space devoted to recreation improvements and common park area as delineated and designated by the applicants as common open space shall not be less than 20% of the gross area of a proposed planned unit development.

(1) Such common open space may be retained in private ownership or received in dedication by the City. If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Planning Board. No common open space so designated by the proposal and approved by the Planning Board may be thereafter developed or disposed of except with the approval of the Planning Board.

(2) All private recreation areas designated on the development plan shall be improved and equipped initially by the developer in accordance with plans approved by the Planning Board and shall be protected by adequate covenants running with the land or by covenants or dedications of the same to the City.

(3) Open space and recreation areas shall be designated to primarily benefit the residents of the planned unit development, and to this end the applicant shall have as many dwelling units (all types) as is feasible abut or be near an open space area.

§ 350-10 Application procedure and approval process.

A. General. Whenever any planned unit development is proposed, before any permits for the erection of permanent buildings in such planned unit development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Ontario County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the procedures set forth in this chapter. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the City codes within the Lakefront Zoning District Master Plan or any future additions/amendments.

B. Application for sketch plan approval.

(1) The applicant shall arrange to meet with the City Planning Board to discuss his proposals regarding design, mix and density of uses, location, layout, procedural requirements and other matters required by the Planning Board prior to submittal of his PUD zoning application.

(2) Plan requirements. A concept sketch, setting forth the applicant's ideas and design intent, shall be provided to the Planning Board. Such sketch need not include engineering details but must include topographic information and drainage concepts, general utility locations and roadway layouts, pertinent natural features, and general location and character of all land uses, including elements of common open space.

(3) Planning Board review. The Planning Board shall review the sketch plan and any related documents and shall render either a favorable or an unfavorable report in writing to the City Council and to the applicant. The Planning Board may call upon any public or private consultants that it feels are necessary to provide a sound review of the proposal at this stage.

(a) A favorable report shall be based on the following findings which shall be included as part of the report:

[1] The proposal conforms to the City Master Plan.

[2] The proposal meets the intent and objective of the planned unit development as expressed in this article.

[3] The proposal meets all the general requirements of this article.

[4] The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system, and the like.

[5] There are adequate services and utilities available or proposed to be made available in the construction of the development.

(b) An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, request a review by City Council.

(c) The Chairman of the Planning Board shall certify to the Mayor in writing when all of the necessary application material has been presented, and the Planning Board shall submit its report to the City Council within 60 days of such certification unless an extension of time is approved by the City Council. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the City Council.

(d) Upon favorable report by the Planning Board, the developer may proceed to prepare his planned unit development (PUD) zoning application for submission to the City Council.

C. PUD zoning application procedure. In order to provide for an orderly method of processing a proposed planned unit development zoning application, four copies of an application shall be provided to the City Council with the required application fee. The City Council, upon receipt of the proposal, shall send one copy to the City of Geneva Planning Board, one copy to the City Engineer and one copy to the Ontario County Planning Board for review and recommendation. All zoning matters relating to the proposed planned unit development shall be determined and established by the City Council after recommendation by the City Planning Board, City Engineer, and the County Planning Board.

(1) Documentation. In addition to the concept sketch plan, revised or updated as required by the Planning Board, the following documentation shall be presented:

(a) Location and extent of all proposed land use, including open space, and an area map showing the parcel under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the parcel.

(b) Documentation that the applicant's particular mix of land uses meets existing community demands. Documentation may be in the form of specific studies or reports initiated by the applicant or in the form of references to existing studies or reports relevant to the project in question.

(c) All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.

(d) Specific definition of all uses, indicating the number of residential units and the density of each residential housing type, as well as the overall project density.

(e) The overall water and sanitary sewer system with proposed points of attachment to existing systems, and the proposed stormwater drainage system and its relation to existing systems.

(f) Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.

(g) If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities completed per phase.

(h) A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.

(i) Documentation as required by the City Council of the applicant's ability to complete the proposed planned unit development. The applicant should be aware that at all subsequent stages, plans must be prepared by professionally competent site planners.

(j) A draft environmental impact statement (DEIS) and/or environmental assessment form where required by operation of the State Environmental Quality Review Act (SEQRA). Such application shall not be considered complete until any DEIS required shall have been accepted by the lead agency.

(2) Public hearing.

(a) Within 60 days after receipt of a completed PUD zoning application, the City Council shall hold one or more public hearings, public notices of which shall have been given in accordance with § 83 of the General City Law, to determine the advisability of the proposal. The City Council shall, within 45 days following the conclusion of the hearings and receipt of a final environmental impact statement, if required, either grant zoning approval of the planned unit development district, subject to specified written conditions imposed by the City Council, or deny zoning of the PUD proposal.

(b) In the event that the PUD zoning approval is granted, either of the proposal as submitted or with modifications and conditions, the City Council shall, as part of its resolution, specify the drawings, specifications and performance guarantee that shall be required to accompany any subsequent application for site plan/subdivision approval, and such conditions may specify the mix of permitted uses and design standards that will be allowed in the approved PUD, which may deviate from Article III of the Zoning Code. The applicant (and all owners of land within the PUD) shall, within 30 days, notify City Council of the acceptance of or refusal to accept such conditions. If the developer refuses to accept the conditions outlined, the City Council shall be deemed to have denied PUD zoning approval. If the applicant accepts, the proposal shall stand as granted.

[Amended 7-7-2021 by Ord. No. 3-2021]

(c) PUD zoning approval shall not qualify a proposal for recording nor authorize development or the issuance of building permits.

D. Application for preliminary site development plan approval. The site plan review provided for is pursuant to the City Code and Charter requirements. Preliminary site plan approval is a detailed submission relatively near to construction. It would be advisable for the applicant to have several information sessions with the Planning Board during the preparation of these plans, analogous to pre-preliminary proceedings encountered in subdivision review, so as to minimize the potential conflicts that might arise upon the formal submission of application for preliminary approval.

(1) Application for preliminary site plan approval shall be to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:

(a) An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, and easements within 500 feet of the applicant's property.

(b) A topographic map showing contour intervals of not more than two feet of elevation.

(c) A preliminary site plan including the following information:

[1] Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;

[2] North arrow, scale (i.e., one inch equals 50 feet) and date;

[3] Existing watercourses and drainage swales;

[4] Grading and drainage plan, showing existing and proposed contours;

[5] Location, proposed use and height of all buildings;

[6] Location, design and construction materials of all parking and truck loading areas, showing access and egress;

[7] Location of outdoor storage, if any;

[8] Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;

[9] Description of the method of securing sewage disposal and location, design and construction materials of such facilities;

[10] Description of the method of securing public water and location, design and construction materials of such facilities;

[11] Location of fire and other emergency zones, including the location of fire hydrants;

[12] Location, design and construction materials of all energy distribution facilities, including electrical, oil, gas and solar energy;

[13] Location, size and design and construction materials of all proposed signs;

[14] Location and proposed development of all buffer areas, including existing vegetative cover;

[15] Location and design of outdoor lighting facilities;

[16] Designation of the amount of building area proposed for nonresidential uses, if any;

[17] General planting plan and planting schedule;

[18] Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution;

[19] A map or tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion; the overlay shall also include an outline and description of existing vegetation for areas with potential erosion problems; and

[20] A map detailing the proposed stormwater drainage system, including all structures, pipe by type and sizes, and all rim and invert elevations.

(2) Planning Board review. The Planning Board's review of a preliminary site plan shall include, but not be limited to, the following considerations:

(a) Adequacy and arrangements of pedestrian traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.

(b) Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic, and pedestrian convenience.

(c) Location, arrangement, appearance and sufficiency of off-street parking and loading.

(d) Location, arrangement, size and design of buildings, lighting and signs.

(e) Relationship of the various uses to one another and their scale.

(f) Adequacy, type and arrangement of trees, shrubs and turf constituting visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.

(g) Adequacy and distribution of usable open space for playgrounds and informal recreation.

(h) Adequacy of stormwater and sanitary waste disposal facilities.

(i) Adequacy of structures, roadways and planting in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

(j) Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.

(k) Overall environmental impact.

(l) Conformance with other specific charges of the City Council which may have been stated in the zoning resolution.

(3) Referrals to other agencies. The Planning Board shall refer the application for preliminary site plan approval to the Ontario County Planning Agency within 30 days of receipt of application. The Planning Board may call upon any other public or private consultants that it feels are necessary to provide a sound review of the proposal.

(4) Action on preliminary site plan application.

(a) Within 90 days of the receipt of the application for the preliminary site plan approval, the Planning Board shall act on it. The Planning Board may schedule a public hearing thereon within 45 days of receipt of the application. If no decision is made or public hearing scheduled within said forty-five-day period, the preliminary site plan shall be considered conditionally approved. Such time limits may be extended by mutual consent of the applicant and Planning Board or as may be required to provide for compliance with the State Environmental Quality Review Act (SEQRA). 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 conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.

(b) The Planning Board's statement may include conditions that certain revisions be incorporated in the final site plan. Such conditions shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the PUD plan as it was approved in the previous sketch plan review proceedings.

(c) If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case the Planning Board may recommend further study of the site plan and resubmission after it has been revised or redesigned.

(d) No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification or removal of site improvements.

(5) Request for changes in PUD zoning plan. If in the site plan development it becomes apparent that certain elements of the PUD plan, as it has been approved at the sketch plan stage, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the recommended modifications. If an affirmative decision is reached, the Planning Board shall notify the City Council stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified.

E. Application for final detailed site plan approval.

(1) General. After receiving conditional approval from the Planning Board on a preliminary site plan, and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for final approval, except that if no more than 12 months have elapsed between the time of the Planning Board's report 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 further review and possible revision prior to accepting the proposed final site plan for review.

(2) Conformance. The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been required at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

(3) Final site plan contents. In addition to the requirement for preliminary site plan approval, an application for final site plan approval shall also contain:

(a) The final site plan at a scale of one inch equals 50 feet. Where more than one sheet is required to show the entire development, a key map shall be provided.

(b) The lines of existing and proposed streets and sidewalks immediately adjoining and within the PUD.

(c) The names of existing and proposed streets.

(d) Typical cross sections of proposed streets and sidewalks.

(e) Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.

(f) Layouts of proposed lots, including lot numbers and proposed numbering system for buildings.

(g) The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains, and pipes on the property or into which any connection is proposed.

(h) Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the Department of Health.

(i) Locations of survey monuments.

(j) A complete grading and drainage plan showing all existing and proposed contours and elevations and the complete storm drainage plan.

(k) A planting plan indicating locations, varieties, and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized but should be generally described.

(l) Brief specifications, or reference to City standards, for all public facilities to be constructed or installed within the PUD.

(4) Documentation. The applicant shall prepare and submit all documentation consistent with SEQRA guidelines and regulations, as required by the Planning Board.

(5) Action of the final detailed site plan application. Within 45 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to the applicant. If no decision is made within the time period, the final site plan shall be considered approved.

(a) Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.

(b) Upon disapproving an application, the Planning Board shall so inform the Building Inspector. The Planning Board shall also notify the applicant and the City Council in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.

(6) Staging. If the applicant wishes to stage the PUD development, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. It is the intent of this article that individual stages of the PUD will have an integrity of use in their own right so that if for any reason the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such a stage is in keeping with this section.

§ 350-11 Other regulations applicable to planned unit developments.

A. Regulation after initial construction and occupancy.

(1) For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Properties lying in planned unit development districts are unique and shall be so considered by the Planning Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.

(2) All changes in floor area of a principal or accessory structure will require a building permit.

B. Site plan review. Site plan review under the provisions of this article shall suffice for Planning Board review of subdivisions under the City Subdivision Regulations,[1] subject to the following conditions:

(1) The applicant shall prepare sets of subdivision plats suitable for filing with the office of the Ontario County Clerk in addition to those drawings required above.

(2) The applicant shall plat the entire development as a subdivision; however, planned unit developments being developed in stages may be platted and filed in the same stages.

(3) Final site plan approval under this article shall constitute final plat approval under the City Subdivision Regulations and provisions of the City Law.

[1] Editor's Note: See Ch. 310, Subdivision of Land.

C. District amendments and modifications.

(1) Modifications. Except as otherwise may be provided by the Planning Board, all land use activities situated within and in existence on the effective date of a final site plan approval or developed in accordance with an approved project plan as provided herein shall be subject to the issuance of a project plan amendment by the Planning Board in the event of the following:

(a) Change in or location of enumerated land uses.

(b) Demolition of a principal structure, except where mandated by the building official in the interest of public safety.

(c) Establishment of new streets or other public/common areas.

(d) Any changes which may otherwise be regulated by the adoption of controls made specifically applicable to such district, either at its inception or subsequently.

(2) District amendments and miscellaneous modifications. Except as otherwise provided, any modification not addressed above shall be reviewed and approved by the Planning Board prior to the issuance of permits for construction.