The purposes of these regulations are to promote
safe and efficient flight operations connected with the Rochester-Monroe
County Airport by limiting the heights of structures and objects of
natural growth in areas necessary for airport operations, in accordance
with Federal Aviation Agency standards for planes using the airport,
and to protect the lives and property of the occupants of land in
the vicinity of the airport by regulating the use of property within
specified areas adjacent to and extending outward from the boundary
of the airport, in the Town of Gates.
A.
There are hereby established Airport Overlay Districts
a(AOD-a), b(AOD-b) and c(AOD-c) to accomplish the purposes described
above. These districts are delineated more specifically on the Zoning
Map which is a part of this chapter.[1] These districts provide for unobstructed air spaces for
general use, instrument approach areas and noninstrument approach
areas, as well as additional regulations that apply to areas already
covered elsewhere in this chapter.
[1]
Editor's Note: The Zoning Map and amendments
thereto are on file in the office of the Town Clerk.
B.
Where these districts overlay any primary zoning district
delineated on the Official Zoning Map of the Town of Gates, the requirements
of these districts shall be met in addition to those requirements
specified for development in the respective primary district; provided,
however, that where the requirements specified in any or all of these
districts are more restrictive or require review before development
can take place, then the requirements specified in this article shall
supersede those requirements and administrative review procedures
required for development in the primary zoning district.
A.
Airport Overlay District a(AOD-a). No permit for any
land use shall be issued and no map subdividing such lands into lots
for residential, business or industrial purposes in such areas shall
be accepted for filing by the Monroe County Clerk unless it shall
have been approved by the Monroe County Director of Planning and shall
have such approval endorsed thereon. The Building Inspector shall
refer all building permits, occupancy permits and all other types
of permits for land use and/or land subdivision to the Planning Director
for his review. The following requirements shall be met before any
building permit can be issued by the Building Inspector.
B.
Airport Overlay District b(AOD-b). The Building Inspector
shall refer every application for a building, structure, wire, tower,
smokestack, pole, overhead transmission line, fence, derrick or any
other object constructed or installed by man, regardless of height,
to the Director of Public Works of Monroe County. Additionally, any
tree or any other object of natural growth in this district should
be reviewed by the Director of Public Works.
C.
Airport Overlay District c(AOD-c). The Building Inspector shall refer every application for items listed in Subsection B above, including those of natural growth, which exceed 40 feet in height above ground level of the particular site, to the Director of Public Works.
D.
The Building Inspector shall refer every application for items listed in Subsection B above, including those of natural growth, to the Director of Public Works where the specific object is outside any of the overlay districts listed above and exceeds 75 feet in height above ground level where it is to be located.
E.
Potential hazards.
(1)
The Building Inspector shall refer to the Director
of Public Works every application for a building permit or certificate
of occupancy for a structure or use of land which has the potential
of creating any condition listed below:
[Amended 9-7-1999 by L.L. No. 2-1999]
(a)
Interference with radio communications or signaling
between the airport and aircraft.
(b)
Impairment of visibility in the vicinity of
the airport.
(c)
Placement of lights in a location or manner
that may make it difficult for fliers to distinguish such lights and
airport lights.
(d)
Production of glare in the eyes of fliers using
the airport.
(e)
Any other interference that might tend to endanger
the landing, taking-off or maneuvering of aircraft.
(2)
Such referral shall pertain to any use or structure
in the Town which could or would create the conditions listed above.
The Building Inspector should contact the Director of Public Works
of Monroe County if he is unsure as to whether to submit a particular
permit request.
A.
Procedures for § 190-169A. The Director of Planning shall review and approve, modify or disapprove plans submitted for subdivision development or land use relating to the efficient and safe operation of the Rochester-Monroe County Airport. No permit shall be issued, no subdivision granted and no structure constructed until the Town has received the written report of the Planning Director stating his approval or modification. When the plan is approved or modified by the Planning Director, the Building Inspector may then issue the appropriate permits in conformance with the requirements of the primary zoning district in which the permit is for, in addition to the conditions that may have been stipulated by the Director of Planning. No permit may be issued when the request has been disapproved by the Planning Director.
B.
(1)
The Director of Public Works of Monroe County,
or his authorized designee, shall review the location and height of
the proposed structure above ground level or, alternatively, examine
the proposed use to determine if it would, in either case, result
in one or more hazards to aircraft operations. In the event that in
neither case would there be a hazard to aircraft operations, the Director
or his designee shall notify the Building Inspector that the permit
need only meet requirements of the local code or ordinance. In the
event that it is found that either the height of the structure or
the use would present a hazard to aircraft operations, the Director
shall determine to what extent the hazards exist and what modifications
should be made to eliminate or satisfactorily reduce the hazard. The
results of the investigation, which may take into account existing
structural heights and uses in the immediate vicinity of the permit
in question, shall be transmitted to the Building Inspector. Such
notification shall state that the application for building permit,
for use or for certificate of occupancy is to be denied if the request
is for a structure or use within one mile of the boundary of the airport,
or the notification shall recommend that the permit application be
denied if it is beyond the one-mile distance.
(2)
The Director or his designee shall have 30 days
from the date of receipt of the request to render his decision; however,
where it is not necessary to conduct a detailed investigation, the
Director or his designee shall attempt to render a decision within
10 days. However, if no action is taken by the Director of Public
Works or his designee within 30 days, then the application shall be
deemed to have been approved.
(3)
Building permits and certificates of occupancy
shall expire 18 months after issuance, unless provided otherwise in
this chapter.
(4)
A nonconforming structure, natural object or
use of land or structure existing as of March 12, 1965, may continue
in existence without change; provided, however, that the owner of
the structure, natural object or use may be required to install or
may be required to permit the installation of markers and lights necessary
to indicate the location of the hazard to aircraft operators in the
vicinity of the airport.
(a)
No structure, use of land or natural object
existing as of March 12, 1965, which is nonconforming to the provisions
of this district shall be altered or permitted to grow so as to increase
its height. No existing structure or object of natural growth which
is not nonconforming shall be permitted to be altered or to grow to
a height which would render it nonconforming.
(b)
Unless provided for otherwise elsewhere in this chapter, whenever a structure or use of structure or land which is nonconforming to the provisions of § 190-169B, C, D and E is destroyed or torn down to the extent of 80% or more of its effective utility, any permit for reconstruction, occupancy or reuse of the site shall be subject to review as stipulated in the above-mentioned sections.
(5)
Unless provided for otherwise elsewhere in this chapter, any structure or use of land which is nonconforming to the provisions of § 190-169B, C, D and E shall be considered to be abandoned when use has been voluntarily discontinued for a period of 24 months. When such is the case, as determined by the Building Inspector, any permit for reuse or occupancy or any building permit shall be subject to review as stipulated in the above-mentioned sections.
B.
(1)
Any person aggrieved by a decision of the Director
of Public Works of Monroe County or his designee may appeal to the
County of Monroe.
(2)
Variances may be granted where the literal enforcement
of these regulations contained in this provision would result in practical
difficulty or unnecessary hardship to the applicant, provided that
it is found that relief from these provisions would not be contrary
to the public interest and public safety and would conform to the
spirit of this district. When determining whether a variance should
be granted, prior existing structures and uses of land or structures
which are nonconforming to the provisions of this district may be
taken into consideration, when in the immediate vicinity of the site
or use in question, in order to determine if the granting of the variance
would result in a material increase of the airport hazard. When granting
a variance the applicant may be required to meet any conditions necessary
to protect the public health and safety.
(3)
Penalties for violations of § 190-169B, C, D and E and the subsequent sections of this district that implement these sections shall be the same as those required for the remainder of this chapter; provided, however, that a penalty of $500 shall be recovered by Monroe County in a civil action at the request of the Director of Public Works, whether in an action for a penalty or in action in equity for injunctive relief.
Where an application has been approved by the Director of Planning or has been approved upon appeal to the County Planning Board, the request shall thereafter be reviewed by the Director of Public Works of Monroe County or his designee to determine compliance with § 190-169B, C, D and E and the subsequent provisions that relate to implementation of these respective sections.
