A.
Off-street parking, loading and unloading facilities shall be provided as necessary in connection with every use. One-family and two-family residential uses shall be provided with two off-street parking spaces per dwelling unit. Multifamily dwelling parking standards are found in § 140-26. Parking needs with respect to all other uses shall be determined during site plan review as follows:
(1)
The following parking standards shall apply to all applications for
new, expanded or modified land uses and apply cumulatively in the
case of mixed-use projects, provided that adjustments may be made
by the Planning Board as detailed in this subsection. Standards as
set by the New York State Uniform Fire Prevention and Building Code,
Americans with Disabilities Act (ADA), and New York Vehicle and Traffic
Code shall apply.
|
Basic Parking Requirements
| |
|---|---|
|
Land Use
|
Parking Requirement
|
|
Home occupations
|
1 space per 100 square feet of floor area devoted to use
|
|
Hotels/motels
|
1 space per rental room plus 1 for each 4 employees
|
|
Industrial uses
|
1 space per 400 square feet floor area
|
|
Commercial uses
|
1 space per 175 square feet floor area
|
|
Places of public assembly
|
1 space per 4 seats
|
|
Offices
|
1 space per 200 square feet floor area
|
|
Restaurants
|
1 space per 50 square feet floor area
|
|
Vehicle service establishments
|
4 spaces plus 1 per employee
|
(2)
The Planning Board shall apply the following standards to determine
parking needs in cases of uncategorized uses. For such uses where
the above standards may be only partially or not directly applicable,
parking requirements may be reduced or increased by the Planning Board
based upon the following criteria. An applicant may similarly request,
in writing, a modification of parking standards, and the Planning
Board shall make a determination using these same standards. The applicant
shall identify the reasoning for the request and the Planning Board
shall include this reasoning in their findings should the request
be granted.
(a)
Industry studies of parking needs for the type of use proposed
or actual case-study comparisons for projects of similar character.
The Planning Board may require the developer or applicant to gather
and submit such data in support of its proposed parking provisions.
The National Parking Association and the Urban Land Institute are
examples of such industry sources.
(b)
The characteristics of the proposed customers, residents, occupants
or visitors to a given facility. Housing for the elderly would for
example, require fewer spaces per dwelling unit than time-shared recreational
units, even though the number of dwelling units is the same.
(c)
The expected occupancy rates, traffic levels and numbers of
employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
(d)
Recommendations, if any, from Town consultants, other public
agencies or information sources that suggest, based on experience,
the appropriate amount of parking in connection with a given use.
(e)
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
(f)
The availability of reserve areas designated on the site plan
for future parking development in the event of demonstrated need,
as determined and directed by the Building Inspector or Planning Board.
(g)
The use of pervious surfacing to reduce stormwater impacts.
(3)
Parking shall be required to be provided for any public or commercial
use for persons with physical disabilities using these standards to
determine the number of spaces required. All spaces shall be ADA compliant.
|
Total Parking Spaces Required
|
Minimum Number of Accessible Spaces
|
Total Parking Spaces Required
|
Minimum Number of Accessible Spaces
|
|---|---|---|---|
|
1 to 25
|
1
|
201 to 300
|
7
|
|
26 to 50
|
2
|
301 to 400
|
8
|
|
51 to 75
|
3
|
401 to 500
|
9
|
|
76 to 100
|
4
|
501 to 1,000
|
2% of the total
|
|
101 to 150
|
5
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
|
151 to 200
|
6
|
B.
Garages, carports, and driveways not in the public right-of-way may
be considered parking spaces. Parking spaces shall be a minimum of
10 feet wide and 20 feet deep. Perpendicular parking spaces shall
be accessed by an interior drive of no less than 25 feet in width
for turning purposes (see illustration). This distance may be reduced
to 20 feet for sixty-degree angle parking, 15 feet for forty-five-degree
angle parking and 13 feet for thirty-degree angle parking. The Planning
Board may modify these standards in conjunction with site plan review
to fit the needs of particular enterprises.
.tif.png) |
C.
Any lighting used to illuminate any off-street parking shall be so
shielded as to deflect the light downward and away from adjoining
premises and public rights-of-way and avoid light spillage onto adjacent
properties.
D.
All parking areas which are designed to accommodate 12 or more vehicles
shall be landscaped using materials of sufficient growth and height
to aesthetically balance the impact of the open paved area and provide
effective stormwater control. The following are guideline standards
the Planning Board may apply:
(1)
No more than 12 parking spaces should be allowed in a continuous
row uninterrupted by landscaping or other features. Maintenance guarantees
may be required to ensure replacement of damaged or dead landscape
materials.
(2)
No parking areas should be designed such that a vehicle might directly
back out onto a public highway or through road within the development.
Traffic flows through a parking area should be minimized and limited
to connections from one lot to another and to the public highway or
through road. Circular drives shall be discouraged.
(3)
Commercial parking areas, where possible, should generally be located
in the side or rear yard of any use, with the principal building situated
near the front lot line as permitted by Schedule of District Regulations.[1] This is for the purpose of maintaining the continuity
of the building line along any highway and avoiding the effective
merger of parking areas along a highway into one mass of pavement
where entrances and exits become difficult to identify.
.tif.png) |
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
E.
Any building erected, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles, which shall generally be located along the side or rear of the building. Public rights-of-way shall under no circumstance be used for loading or unloading of materials. The minimum size loading space shall be 70 feet in depth and 14 feet in width, with an overhead clearance of 14 feet. An applicant may request a reduction from this dimensional standard using the same criteria as identified in Subsection A above. The circulation of vehicles to access the loading/unloading area from the public right-of-way shall be adequate so as to allow clear passage and turning radius capabilities. The loading/unloading area shall be accessible by driving in and not require backing in from off the public right-of-way.
F.
Access to and from all nonresidential off-street parking, loading
and vehicle service areas along public rights-of-way shall consist
of well defined separate or common entrances and exits and shall comply
with the following provisions:
(1)
Access drives shall comply with all requirements of the Town of Rochester.
Access drives onto state and county highways shall be subject to New
York Department of Transportation and Ulster County Department of
Public Works standards, as the case may be.
(2)
Each entrance and exit shall be clearly defined with curbing, fencing
or vegetative screening so as to prevent access to the area from other
than the defined entrance and exits.
(3)
All access drives shall be subject to the requirement of obtaining
a driveway permit from the Town of Rochester Highway Superintendent,
the Ulster County Department of Public Works or the New York State
Department of Transportation, as the case may be, and approval of
any permits hereunder may be conditioned upon the application for
and/or receipt of such permits from these authorities. Existing access
driveways, in the case of a change to a more intensive use of the
property, shall be required to submit written documentation from the
jurisdictional agency certifying that the access is acceptable or
detailing required access revisions.
(4)
The Town of Rochester Planning Board may, in conjunction with site
plan review, establish additional requirements pertaining to highway
access permits on county and state roads, providing such additional
requirements do not conflict with county or state requirements.
(5)
For reasons of traffic and pedestrian safety, both on and off the
street, as well as to provide for possible future road widening or
other improvements, all new driveways and sidewalk crossings entering
onto any street shall comply with all the requirements of this chapter,
including but not limited to obtaining the appropriate permits and
the payment of any and all fees for said permits, and shall be subject
to the approval of the Superintendent of Highways, except where such
are part of a use subject to special permit or site development plan
approval, in which case they shall also be subject to Planning Board
approval.
(6)
No driveway center line shall intersect a street line less than 100
feet from the intersection of any two street lines, including intersections
on the opposite side of the street, except by specific written approval
of the jurisdictional agency.
(7)
The maximum grade for new driveways accessory to uses other than
single-family dwellings and connecting the required off-street parking
area to the street shall not exceed 15%. All driveways shall have
a negative 2% grade within 50 feet of the centerline of the traveled
way of the street, or within 25 feet of the property line of the street,
whichever distance is greater. The Planning Board may require increased
platform areas of this type in situations where, because of the nature
of the proposed use, substantial traffic volumes are anticipated.
(8)
Clear visibility shall be provided in both directions at all exit
points so that the driver of an automobile stopped on the platform
portion of any new driveway will have an unobstructed view of the
highway for a reasonable distance (commensurate with the speed and
volume of traffic on such highway) and so that there is a similar
view of the automobile in the driveway.
(9)
The Planning Board shall have authority to require additional traffic
safety improvements in conjunction with site plan review for any project.
G.
Access to State Route 44/55 and U.S. Route 209.
(1)
No tract shall be provided direct access to Route 44/55 or 209 if
adequate alternate access can be provided by way of another road,
a frontage or parallel access drive or a cross access drive.
(2)
No driveway shall be permitted within 100 feet of a public highway intersection on Route 44/55 or 209, provided that existing residential lots shall not be subject to this Subsection G. Spacing between driveways on Routes 44/55 and 209 shall be as provided by state law.
(3)
Should a particular parcel lack sufficient frontage on Route 44/55
or 209 to accommodate adequate spacing, the landowner shall have the
following options (in addition to the right to seek a variance from
the Zoning Board of Appeals):
(a)
The landowner may establish a joint access driveway with an
adjoining property. The driveway midpoint in such cases shall be the
property line between the two parcels. Alternatively, the landowner
may gain access from a cross access drive or frontage road that connects
the subject property and the adjoining property or properties. A joint
easement agreement shall, in either of these two cases, be executed
and filed with the deed of the participating properties prior to a
permit being granted.
(b)
The landowner may seek an exception from these requirements
when the above cannot be fulfilled at the time of application. The
landowner shall, in such case, provide proof of an attempt to secure
access from a common driveway or cross access drive. The Planning
Board shall impose the condition in such instance that the approved
driveway is a temporary driveway and the landowner shall submit a
deed agreement with the Town of Rochester agreeing to close the driveway
and to seek to establish a joint driveway or cross access driveway,
if feasible, when an adjoining property is developed or redeveloped.
(4)
All land owners submitting a subdivision or site plan for property
on Route 44/55 or 209 shall address the feasibility of the use of
joint access driveways, cross access drives and linked or shared parking
lots. Use of such techniques shall be required wherever feasible.
(5)
Retail and service business subject to site plan review shall, where
practical, be required to provide vehicular and pedestrian connections
to adjoining retail and service properties along the frontage of regulated
routes.
(6)
Any landowner of a tract adjoining the regulated routes who files
a subdivision or site plan application shall submit, at the time of
initial application, an overall development sketch plan. This sketch
plan shall establish future access locations along Routes 44/55 and
209. Conditions of final approval shall establish the number of access
ways permitted for the tract regardless of any future subdivision
or development plan. No individual dwelling unit within any tract
to be subdivided or developed for two or more dwelling units shall
be provided with direct access to Route 44/55 or 209.
(7)
Curbline openings shall conform to New York State Department of Transportation
standards.
(8)
Access points may be restricted to right-turn in, right-turn out
if determined to be in the best interest of traffic operations. The
Planning Board may require signs and barriers be installed to enforce
such restrictions to the maximum degree practical.
(9)
When two adjacent landowners agree to combine access points, the
Planning Board may grant an incentive bonus. The total lot size and
road frontage normally required may be reduced by 15% for both landowners.
The required number of parking spaces may, in addition, be reduced
by 15% for each development. However, if the adjoining land uses are
determined to have the same peak hour for parking generation, the
Planning Board may withdraw the incentive bonus or require the developer
to set aside land, clearly indicated on the site plan for future paving
for parking, to meet statutory requirements if an analysis conducted
within one year after occupancy determines parking is insufficient.
Such analyses may be provided for as a condition of approval at the
expense of the applicant.
H.
Separation from road. All nonresidential parking and loading areas
and parallel circulation and service lanes shall be separated from
the paving edge of a public thoroughfare or adjoining property lines
by a planting strip at least 20 feet in depth landscaped as required
herein.
I.
Traffic study. The Planning Board, at its discretion, may require
a traffic impact study by an independent engineer with any special
use application involving an activity likely to generate more than
500 tripends per day or create specific traffic issues. The study
shall examine existing and projected traffic flows before and after
development and generally follow the guidelines set forth for such
studies by the Institute of Transportation Engineers. Its purpose
shall be to ensure that proposed developments do not adversely affect
the transportation network and to identify any traffic problems associated
with access to the site from the network. It shall identify solutions
to potential problems and any improvements needed. The scope of the
study shall be approved in advance by the Planning Board with the
final product incorporated in the SEQRA submission. This requirement
shall apply in the case of county or state, as well as Town, roads.
J.
No recreational vehicle or commercial vehicle shall be stored on
any residential lot in any district, except in an existing driveway
or the rear or side yard and not closer than the required side yard
setback for accessory uses.
K.
Residential access. At the discretion of the Town Superintendent
of Highways, any residential use parcel which has frontage on two
or more Town roads may be required to access the public road via the
lesser-traveled roadway; similarly, any residential use parcel which
has frontage on a private road and a Town road may be required to
access the private road.
A.
(AP) Aquifer Protection Overlay District. There is hereby created
a special zoning district identified as AP District on the Zoning
Map. This district shall be an overlay zone, within which the normal
provisions of the zoning districts as mapped on the Zoning Map shall
apply, except that no development shall be permitted which does not
comply with the following standards:
(1)
Impervious surface area for proposed uses and activities located
outside the B Business Development, H Hamlet, I Industrial and R-1
Moderate Density Residential Districts shall not exceed 15% of lot
area.
(2)
The following uses and activities shall be prohibited uses within
the Aquifer Protection Overlay District:
(a)
Hazardous waste treatment, handling, storage or disposal facilities.
(b)
Landfills, dumps or other solid waste management facilities.
(c)
Radioactive materials treatment, handling, storage or disposal
facilities.
(d)
Regulated medical waste storage, treatment, disposal or destruction
facilities.
(3)
The following uses and activities, when proposed within the Aquifer
Protection Overlay District, shall be designated as Type I actions
under SEQRA and be subject to mitigation as necessary to protect the
water supply:
(4)
Any use or activity with projected on-site groundwater withdrawals
and/or on-site sewage disposal flows averaging 2,000 gallons per day
or more during any single thirty-day period shall be subject to site
plan review by the Town of Rochester Planning Board regardless of
its classification on the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
(5)
The following additional information shall be provided for a proposed
nonresidential new use or activity located partially or wholly within
the Aquifer Protection Overlay District:
B.
(FD) Floodplain Development Overlay District. There is hereby created
a special zoning district, the boundaries of which shall be congruent
with those areas identified as special flood hazard areas on the Flood
Hazard Boundary Maps for the Town of Rochester, as issued by the Federal
Insurance Administration or its successor. This district shall be
an overlay zone, within which the normal provisions of the zoning
districts as mapped on the Official Zoning Map shall apply, except
that no development shall be permitted that does not comply with the
provisions of the Town of Rochester Flood Damage Prevention Law,[2] as amended. No planned unit developments, multifamily
dwellings or single-family dwellings at a density of more than one
dwelling unit per two acres shall be permitted within the FD District
and no density bonuses or incentives of any kind shall apply in this
overlay district.
C.
EEO Economic Enterprise Overlay District. The purpose of the Economic Enterprise Overlay (EEO) zone is to foster economic development, diversification of land uses and employment generation through the reuse and/or redevelopment of underutilized properties. Development is encouraged to follow a mixed use, compact pattern that is sensitive to the environmental characteristics of the land and adheres to the goals and objectives contained in the Town's Comprehensive Plan and follows § 140-20, General commercial and industrial standards. It is the intent of the EEO to promote flexibility in the development process while integrating a diversity of land uses within close proximity to each other. The specific qualifications and requirements to attain EEO designation are detailed in § 140-18.1 of this code.
[Added 6-7-2018 by L.L.
No. 3-2018]
(1)
The EEO permits a broad range of uses that work in harmony to accomplish
the following objectives:
(a)
Active utilization and reinvestment in underutilized properties,
including adaptive reuse;
(b)
Adaptively reuse structures and associated lands to protect
against abandonment and general vacancy of structures;
(c)
Enhance the variety and availability of employment, service,
retail, residential and civic facilities;
(d)
Develop well-configured public spaces that are woven into the
pattern of the development and dedicated to the social interaction,
recreation and visual enjoyment of residents;
(e)
Design civic buildings, open spaces, and other visual features
to act as landmarks, symbols and focal points for community identity;
(f)
Ensure development operates in harmony within the surrounding
neighborhood and/or hamlet;
(g)
Ensure valued natural features and undisturbed areas are protected
and incorporated into the open space of the development;
(h)
Foster the compatibility of buildings and other improvements
through their arrangement, bulk, form, character, and landscaping;
(i)
Design the public and private realms using architecture, landscaping
and other elements that respond to the unique character of the region.
[Added 6-7-2018 by L.L.
No. 3-2018]
A.
Application and approval procedure.
(1)
The application for and approval of an EEO shall be treated as a legislative act and an amendment to the Town of Rochester Code Chapter 140, Zoning.
(2)
The application for and approval of an EEO shall follow the
procedures for zoning amendment outlined in Town Law, as well as the
procedures required under the New York State Environmental Quality
Review Act (SEQRA).
(3)
A complete application pursuant to this article shall be submitted
prior to consideration by the Town Board.
(4)
The Town Board reserves the right to consider or not consider
any petition submitted under this article.
(5)
The adaptive reuse of structures and associated lands containing
said structures shall be permitted under this article.
(6)
Upon approval on an EEO by the Town Board, the applicant shall be required to apply to the Town of Rochester Planning Board for site plan approval. This submission shall include all documents, plans and items required under conformance with Article VII of this chapter. The Planning Board shall review said application pursuant to this chapter and by New York State Town Law § 274-A.
B.
Information to be provided.
(1)
Applications for the establishment of an Economic Enterprise
Overlay Zone by amendment to the Zoning Map shall be made in writing
to the Town Board, by the owner(s) of the land proposed to be included
in such district or by a person who possesses written contract or
option rights to purchase such lands. In the event that the application
is made by a person holding contract or option rights to purchase
the lands, the application shall be accompanied by a statement signed
by the owner(s) granting authority on the part of the applicant to
make the application.
(2)
The application shall include:
(a)
A description of the existing economic and land use opportunities
for the property as currently zoned and/or developed;
(b)
An explanation of why and/or how currently permitted uses and/or
regulations restrict the highest and best use of the property;
(c)
A description of how the proposed project and land uses are
in conformance with the Town of Rochester Comprehensive Plan;
(d)
A description of how the proposed project and land uses are
compatible with adjacent existing land uses and those reasonably anticipated
in the future;
(e)
A full environmental assessment form;
(f)
A conceptual development plan of sufficient detail as shall
be determined by the Town Board. The conceptual development plan shall
consist, at a minimum, of the following:
[1]
A metes and bounds description of the proposed
district;
[2]
A survey of the land prepared and certified to
the Town of Rochester by a licensed land surveyor;
[3]
A map drawn to scale showing existing conditions
of the parcel, including:
[a]
The name and address of the owner of record and,
the name and address of the applicant, if not the owner of record;
[b]
The name of the person or firm preparing the plan;
[c]
The date, North arrow and scale of the plan;
[d]
The acreage of the parcel and the tax map number(s)
of the parcel;
[e]
The location and width of existing and proposed
state, county or Town highways or streets and rights-of-way abutting
the parcel;
[f]
The approximate location and outline of existing
structures both on the parcel and within 100 feet of the property
line;
[g]
The location of any existing storm or sanitary
sewers, culverts, water lines, hydrants, catch basins, manholes and
other visible infrastructure as well as other utilities within or
adjacent to the parcel;
[h]
The existing zoning of the parcel;
[i]
The approximate location and outline of existing
water bodies, streams, marshes or wetland areas and their respective
classification as determined by the appropriate governmental regulatory
body;
[j]
The approximate boundaries of any areas subject
to flooding or stormwater overflows;
[k]
The location and outline of existing vegetation
clusters (for a distance of 50 feet onto adjoining property);
[l]
The identification of any other significant features.
(g)
The conceptual development plan, drawn approximately to scale,
shall clearly show the following:
[1]
The approximate location and dimensions of proposed
principal and accessory buildings on the site and their relationship
to one another, and to other structures in the vicinity;
[2]
The approximate location and dimensions of vehicular
traffic circulation features of the site, including proposed roadways,
internal driveways, parking and loading areas and proposed access
to the site;
[3]
The proposed source of water supply and method
of delivery to the site;
[4]
A general plan for the collection and disposal
of sanitary waste from the site;
[5]
A general plan of proposed stormwater management
facilities;
[6]
Preliminary identification of areas which will
be disturbed and areas which will remain undisturbed by project implementation.
C.
Town Board review.
(1)
In its review of the application, the Town Board may suggest
such changes in the conceptual plan as are found necessary or desirable
by the Town Board in order to meet the requirements of this section.
The Town Board may notify the applicant of such changes and may discuss
such changes with the applicant. The suggestion of changes by the
Town Board shall not constitute a waiver of its legislative discretion
to reject or deny the rezoning application.
(2)
The Town Board shall have the discretion to reject the application
or to hold a public hearing with regard to the rezoning application.
(3)
If the Town Board decides to hold a public hearing to consider
the rezoning of a property, the application shall be referred to the
Town of Rochester Building Inspector who shall make a recommendation
to the Town Board within 30 days of receipt of the application, and
to the Town of Rochester Planning Board and the Ulster County Planning
Board for recommendations as provided in this chapter and General
Municipal Law.
(4)
The Town Board may refer the application to any local, state,
or federal agency having jurisdiction over or expertise in the subject
matter seeking comment.
(5)
The Town Board may engage the services of an engineering consultant
to review such aspects of the project which may be beyond the scope
of expertise of local Town employees or volunteer boards and commissions;
such as stormwater plans, traffic plans, or other similar specific
reports. The fee for such review shall be the responsibility of the
applicant and an escrow account shall be established prior to commencement
of any review.
(6)
If the Town Board elects to hold a public hearing, the Town
Clerk shall provide notice of said hearing to the owners of all parcels
located within 500 feet of the subject property, and shall publish
proper legal notice of the time and place of the public hearing.
(7)
Following the public hearing the Town Board may, in its sole
legislative discretion, act to approve, approve with modification
or conditions, or disapprove the rezoning application. Approval shall
result in amendment to the Zoning Map.
(8)
In determining whether to approve the application for an EEO
District, the Town Board shall consider the public health and welfare
of the surrounding area, together with following criteria, and the
intent and objectives of this section:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to the nearby properties will be
created by the creation of a district on the property;
(b)
Whether the site is located in an area suitable for the proposed
elimination of nonconformity or readaptation of buildings and site
development so as to be reasonably free of objectionable conditions
such as odors, noise, dust, air and light pollution, traffic volumes
beyond the capacity of the existing road systems or proposed road
improvements, and other environmental constraints;
(c)
Whether the site will have adequate water and sewer facilities;
(d)
The recommendations of the Town Building Inspector or any Town
contracted consultants;
(e)
Recommendations of the Town of Rochester Planning Board and
the Ulster County Planning Board;
(f)
Whether the site is located in a manner that allows access to
the site from a public street with adequate site distances and that
meets current engineering standards of the Town;
(g)
Whether the readaptation or modification of the site shall produce
undue adverse effects on the surrounding neighborhood.
D.
Planning Board review.
(1)
Following a zoning amendment to create an EEO District, site
plan review and approval by the Planning Board shall be required prior
to the issuance of a building permit for any readaptation or modification
of development of the property.
(2)
The Planning Board shall not approve any site plan application
within an EEO District unless such Board finds that the plan is in
substantial conformance with the conceptual development plan that
was submitted to the Town Board and that served as the basis for the
zone change to the EEO District.
E.
Regulations.
(1)
Location and underlying zoning.
(a)
To be eligible to apply for EEO zoning consideration, all properties
shall adaptively reuse structures and associated lands to protect
against abandonment and general vacancy of structures or allow for
the reuse and/or redevelopment of underutilized properties.
(b)
All parcels located in the AR-3, AB-3, H, I, NR, and B Zoning
Districts shall be eligible, except as listed below.
[1]
Properties located in a designated county agricultural
district with existing structures utilized in a farm operation, as
defined in this Code, shall not be eligible.
[2]
Vacant properties located in a designated county
agricultural district with soil areas of prime farmland or farmland
of statewide importance, as designated by the United States Department
of Agriculture, shall not be eligible.
(2)
District size limitations.
(a)
An EEO shall include parcels in their entirety and the perimeter
of EEO districts shall be coterminous with the platted property lines
of those parcels included in said district. In the event that an applicant
wishes to use multiple parcels in its application, said parcels must
be combined prior to the Zoning Map being amended.
(b)
No land shall be designated for an EEO if in the opinion of
the Town Board it is too small, too narrow in width, too irregular
in shape or with topography too excessive to be planned and developed
in a manner consistent with the purpose and objectives of the EEO.
(c)
The Town Board may set lot size requirements to assure that
the proposed development is in accord with the Town's Comprehensive
Plan and in concert with the character of the neighborhood.
F.
Modifications.
(1)
Any further proposed change in use of a property that does not
comply with the underlying zoning for the property shall be required
to go back before the Town Board for review pursuant to the provisions
of this section.
(2)
Any further proposed subdivision of a property shall require
amendment to the EEO by the Town Board and subdivision approval of
the Planning Board.
(3)
Following initial construction and occupancy, any changes other
than use changes shall be considered as a request for a site plan
amendment and be referred to the Planning Board for amended site plan
review.
(4)
Modifications to the zoning of properties within an approved
EEO Overlay District require application and approval by the Town.
G.
Districts, land use allocation and permitted uses.
(1)
Overlay district requirements.
(a)
The EEO District shall permit Economic Development and Community
Development Overlays to provide enhanced flexibility while permitting
the mixing of compatible uses within the community.
(b)
Each lot within an EEO shall be allocated to a specific district
and land use category at the time of application.
(c)
Adaptive reuse of existing structures and associated lands shall
be permitted subject to the review criteria set forth within these
EEO regulations.
(d)
The following uses are prohibited in EEO districts:
H.
Design requirements.
(1)
Regulations.
(a)
Development may take place on the existing development footprint
regardless of such footprint's location. Expansion of development
beyond the existing development footprint, or relocation of a development
footprint, of any qualifying property shall be allowed if such expansion
or relocation is approved by the Town Board based on the layout and
limitations of the site, and additionally, any such expansion must
be approved by the Planning Board in the site plan review process.
The Planning Board shall not be obligated to grant such expansion
if it determines that the proposed expansion is inappropriate for
the site.
(b)
The Town Board and the Planning Board may grant waivers of development
standards for the property, if deemed appropriate for the redevelopment
of the property.
(c)
Density of existing structures may be maximized in accordance
with existing New York State Building Codes.
I.
Fees.
(1)
An application shall be accompanied by an application fee as
prescribed from time to time by resolution of the Town Board.
(2)
If professional review of the application is required by a designated private planning, engineering, legal or other consultants or, if other extraordinary expense to review documents or conduct special studies in connection with the proposed application is incurred, reasonable fees shall be paid for by the applicant, in accordance with § 140-63B.
(3)
Applicant will be responsible for payment of all fees associated
with the application, including, but not limited to, mailing, duplication
of documents and materials, and public hearing fees.
A.
Home occupations are permitted in all districts subject to regulation
by class. Classifications of home occupations and limitations applicable
to each follow:
|
Home Occupation Classifications
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|---|---|---|
|
Class
|
Description
|
Requirements
|
|
Class I
|
A no-impact home-based business or commercial activity administered
or conducted as an accessory use that is clearly secondary to the
use as a residential dwelling and that involves no customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises, in excess of those normally
associated with residential use
|
No on-site employees other than family members residing in the
dwelling
No display or sale of retail goods
No stockpiling of inventory of a substantial nature
No outside appearance of business (e.g., parking, signs or lights)
No equipment or process that creates noise, vibration, glare,
fumes, odors or electrical or electronic interference, including interference
with radio or television reception, detectable in the neighborhood
No generation of any solid waste or sewage discharge, in volume
or type, not normally associated with residential use in the neighborhood
Business activity conducted only within the dwelling
Shall not occupy more than 25% of the habitable floor area or
250 square feet of floor area, whichever is less
|
|
Class II
|
A low-impact home-based business or commercial activity administered
or conducted as an accessory use that is clearly secondary to the
use as a residential dwelling and does not significantly change the
character thereof, involve the use of mechanical equipment other than
that customarily used for domestic purposes and involves no retail
or services resulting in other than occasional and limited numbers
of visitors
|
No more than one on-site employee other than family members
residing in the dwelling
No display or sale of retail goods
No stockpiling of inventory of a substantial nature
No equipment or process that creates noise, vibration, glare,
fumes, odors or electrical or electronic interference, including interference
with radio or television reception, detectable in the neighborhood
No generation of any solid waste or sewage discharge, in volume
or type, not normally associated with residential use in the neighborhood
Shall not occupy more than 25% of the habitable floor area of
the dwelling or 500 square feet of floor area, whichever is less,
regardless whether location in the dwelling or in an accessory structure
No display or parking of equipment or products, storage of goods
or materials or signs visible from outside the building, except for
a name or accessory use sign
No external evidence of the home occupation or alterations inconsistent
with the residential use or appearance of the buildings
|
|
Class III
|
A home-based business or commercial activity administered or
conducted as an accessory use that is clearly secondary to the use
as a residential dwelling
|
No more than two on-site employees other than family members
residing in the dwelling
No more than 150 square feet of floor area used for display
or sale of retail goods
No stockpiling of inventory of a substantial nature
No equipment or process that creates noise, vibration, glare,
fumes, odors or electrical or electronic interference, including interference
with radio or television reception, detectable in the neighborhood
No generation of any solid waste or sewage discharge, in volume
or type, not normally associated with residential use in the neighborhood
Shall not occupy more than 25% of the habitable floor area of
the dwelling or 750 square feet of floor area, whichever is less,
regardless whether located in the dwelling or in an accessory structure
No display or parking of equipment or products, storage of goods
or materials or signs visible from outside the building, except for
a name or accessory use sign
No external evidence of the home occupation or alterations inconsistent
with the residential use or appearance of the buildings
|
B.
A dwelling may have one non-illuminated accessory use ground sign
not to exceed 12 square feet in area to identify a home occupation.
C.
No home occupation, having once been permitted or established, shall
be added to, expanded, enlarged or otherwise increased or changed
substantially in character without complying with this chapter and
such permission or establishment shall not be a basis for a later
application to establish a principal commercial use. Moreover, the
conversion of a residence with a home occupation to a commercial use
by the abandonment of the residence or sale, rent or transfer of the
business to a party that does not reside on site is strictly prohibited
unless the business is then moved off site, unless such commercial
use is a permitted use in the given zoning district.
D.
Home occupations involving the use of contractor or other heavy equipment
(e.g., lawn maintenance and landscaping businesses) and similar enterprises
requiring storage of materials or equipment shall provide inside storage
area for all such materials and equipment. The Planning Board may
also, under site plan review, permit outside storage that is fully
screened.
Wherever new commercial, new industrial or new multifamily residential
uses, with the exception of agricultural activities and home occupations,
are proposed, the following performance standards shall apply. The
Building Inspector shall ensure these standards are met prior to issuing
certificates of occupancy for such uses and may require the applicant(s)
to provide documentation of compliance.
A.
Building design and location.
(1)
Building design and location should be suitable for the use intended
and compatible with natural and man-made surroundings.
(2)
Building color, materials and design should be adapted to surroundings
as opposed to adaptation of the site to the building or the building
to a national franchise concept.
(3)
Building placement and site development layout should also incorporate
the site's topography, existing vegetation and other unique features.
On a lot with multiple buildings, those located on the interior of
the site should front towards and relate to one another, both functionally
and visually, and may be organized around features such as courtyards,
greens or quadrangles. Smaller, individualized groupings of buildings
are encouraged. Buildings should be sited to provide adequate and
safe fire and emergency access. Accessory buildings shall, wherever
possible, be located in the rear.
(4)
Buildings should relate in scale and design features to the surrounding
buildings, showing respect for existing and neighborhood architecture.
Buildings should avoid long, uninterrupted walls or roof planes. Building
wall offsets, including projections, recesses, and changes in floor
level or other comparable design features should be used in order
to add architectural interest and variety, and to relieve the visual
effect of a simple, long wall. Similarly, roof-line offsets should
be provided, in order to provide architectural interest and variety
to the massing of the building and to relieve the effect of a single,
long roof. Commercial facades of more than 100 feet in length should
incorporate design features of this nature.
(5)
All facades of such a building that are visible from adjoining streets
or properties should exhibit features comparable in character to the
front so as to better integrate with the community. Where such facades
face adjacent residential uses, earthen berms planted with evergreen
trees should be provided.
(6)
Loading docks and accessory facilities should be incorporated in
the building design and screened with materials comparable in quality
to the principal structure. Dumpsters, outside storage (nondisplay)
and drop-off boxes shall be limited to rear yards or screened side
yards.
(7)
Driveway, sidewalk/walkway and curb materials shall be functional
and compatible with the style, materials, colors and details of the
surrounding buildings. The selection and use of pavement and curb
materials shall consist of a stable material.
(8)
Developers are encouraged to preserve tree borders. Existing trees
over eight-inch diameter at breast height shall be incorporated in
the site design to the maximum extent practical, as shall be determined
by the Planning Board, and none shall be removed prior to site plan
review and approval.
(9)
New construction affecting existing buildings of historically traditional
architectural design within the community should respect the existing
height, bulk, scale and style of the existing architecture wherever
practical. Materials used may be required to be of a similar color,
texture and style of the existing architecture.
B.
Route 209 commercial design standards. Any site plan review or special
use application for a new commercial or industrial use fronting on
or within 600 feet of Route 209 should be designed such that all front
and side building facades are constructed using a minimum of two principal
materials (e.g., stone and wood, metal and concrete, etc.) to create
architectural variety consistent with existing character.
C.
Commercial/residential buffers. Where a commercial or manufacturing
use is contiguous to an existing residential use (including those
situated on the opposite side of a highway) or any approved residential
lot, the Planning Board may require that the minimum front, side and
rear yards be increased by up to 50%. The Board may also require,
for purposes of separating incompatible uses or shielding the residential
property from negative impacts, that a buffer consisting of a solid
fence of wood, earthen berm and/or a twenty-foot-wide dense evergreen
planting not less than six feet high be maintained, unless the properties
are in the same ownership or the full width of the yard is already
wooded.
D.
Inflammables. All activities involving the manufacturing, production,
storage, transfer or disposal of inflammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion. Firefighting and fire suppression equipment
and devices shall be provided pursuant to National Fire Protection
Association guidelines. Burning of waste materials in open fires is
prohibited. Details of the potential hazards and planned safety and
accident response actions shall be provided by the applicant and the
Planning Board may require greater front, side and rear yards and/or
fencing.
E.
Electrical disturbances. No activities shall be permitted which emit
dangerous radioactivity or electrical disturbance adversely affecting
the operation of any equipment other than that of the creator of such
disturbance.
F.
Noise.
(1)
All proposed new land uses shall not generate cumulative sound levels
(SPL), at or beyond any lot line, that exceeds the ambient noise level
by 10 or more decibels (dBA). Any sound of five to 10 decibels above
the ambient noise level shall be attenuated or mitigated to the maximum
degree practical, as shall be determined by the Planning Board during
site plan review. The Planning Board may, as a condition of site plan
review and approval, require additional setbacks, buffers and fencing,
or reasonably limit the hours of operation to attenuate or mitigate
any potential noise impacts of any proposed use.
(2)
The determination of noise levels shall be made using New York State
Department of Environmental Conservation guidelines (see Assessing
and Mitigating Noise Impacts Program Policy), as amended. The increase
in ambient noise level shall be determined for all lot lines at the
site where the project is to take place and any other locations as
shall be specified by the Planning Board taking into account existing
noise generators.
(3)
The maximum permissible sound levels of this section shall not apply
to emergency or security alarms, repair or construction work to provide
public utilities, construction operations between the hours of 7:00
a.m. and 7:00 p.m., emergency repairs, agricultural activities other
than kennels, motor vehicles when used on public streets in accord
with state regulations, aircraft, government authorized public celebrations,
unamplified human voices or routine ringing of bells or chimes by
a place of worship or similar facility.
G.
Vibration. No vibration shall be permitted on a regular or continuing
basis which is detectable without instruments at the property line.
H.
Lighting.
(1)
Lighting for all commercial, multifamily residential, institutional
and industrial uses shall be shielded and focused downward to prevent
glare and spillover of light onto adjoining properties.
.tif.png) |
(2)
All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source.
(3)
No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
(4)
Lighting contours shall be required on site plans for purposes of
determining compliance with this section. Average footcandles at the
property line shall be less than 1.0 except at site entrances.
(5)
Globe lights shall ordinarily not be permitted, except for limited
aesthetic and sidewalk lighting as part of a site plan subject to
review by the Planning Board.
(6)
Light pole heights shall not exceed building heights and none shall
exceed 25 feet in height.
(7)
All lighting over 2,000 lumens in strength shall meet the full cut-off
standard of the illuminating Engineering Society of North America
(IESNA).
(8)
All site activity areas, including parking lots and walkways, shall
meet minimum IESNA standards and exceed those standards by no more
than 25%.
(9)
All gasoline canopy lighting shall be fully recessed and the average
light level under the vehicular canopy shall not exceed 20 horizontal
maintained footcandles.
I.
Air pollution originating from new commercial or industrial uses.
No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling. The Ringelmann
Smoke Chart shall be used to determine the total smoke emitted. The
emission of one smoke unit per hour and smoke with discernible density
of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
J.
Water pollution originating from new commercial or industrial uses.
All activities involving the possible contamination of surface or
ground water shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
A.
Purpose. It is the purpose of this section to help residents and
visitors find what they need without difficulty; improve the appearance
of the Town; and promote public safety by regulating sign construction
and placement.
B.
Application. All signs shall meet the standards herein and on the
attached Schedule of Sign Regulations. Application for permits, where
needed, shall be made to the Building Inspector together with any
fees required. Written consent of property owners shall also be provided.
Applications not requiring Planning Board review shall be acted upon
within 30 days of receipt. Applications submitted to the Planning
Board shall be acted upon within 45 days of receipt.
C.
Sign review criteria. Discretionary signs subject to Planning Board
review shall be approved, approved with modifications or disapproved
based on the following design criteria:
(1)
Signs should not interfere with views of other enterprises, residences
or signs;
(2)
Whenever feasible, multiple signs should be combined to avoid clutter;
(3)
Signs should be as close to the ground as possible;
(4)
Sign should be designed, sized and located to blend with buildings
and landscapes;
(5)
Signs should be located so as to not interfere with clear views required
for public safety;
(6)
Sign should not present an overhead danger or obstacle to persons
below;
(7)
Sign sizes should achieve ready visibility without becoming an unnecessary
distraction;
(8)
Large freestanding signs should be landscaped around the sign base.
D.
General regulations. The following regulations shall apply to all
signs:
(1)
No part of any sign shall project above the top or beyond the ends
of the wall surface on which it is located. Signs shall also not extend
above the roofline of the building to which they are attached.
(2)
Except for official traffic signs and signs in H Districts, those
signs that exceed 24 square feet in surface area shall be set back
at least five feet from the front and side lot lines.
(3)
No sign shall exceed a height equal to one-half its distance from
a road right-of-way, regardless of other height limitations.
(4)
Advertising signs shall not be designed in a manner that could be
interpreted by a motorist as being a public safety warning or traffic
sign.
(5)
No sign shall be attached to a utility pole.
(6)
Portable signs, except as provided herein, shall be subject to all
freestanding sign regulations.
(7)
Traffic directional signs shall be exempt from these regulations.
(8)
Signs shall be internally lighted or illuminated only by a steady,
stationary (except for time and temperature reading) and shielded
light source directed solely at the sign, with minimal spillover of
light past the sign and without causing glare for motorists, pedestrians
or neighboring premises.
(9)
Any sign located within the boundaries of the Catskill Park shall
be subject to the provisions of the New York State Environmental Conservation
Law.
E.
Nonconforming signs. Existing nonconforming signs may be repaired
or reconstructed on the same site, but shall not be relocated or increased
in size except as provided herein. A nonconforming sign shall be considered
a nonconforming structure.
F.
Sign maintenance. No owner of any sign or lessee or owner of any
land upon which the sign is located shall permit such sign to become
unsafe, unsightly or in disrepair so as to endanger the public or
to become a public nuisance as shall be determined by the Town Board
following referral by the Code Enforcement Officer.
|
Town of Rochester Zoning Law § 140-21, Schedule of Sign Regulations
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Sign Surface Area Allowed for All Permitted Signs on
a Lot Combined
| ||||||
|
Prohibited Signs
|
Signs Allowed Without Permits
|
Signs Allowed with Permits from Enforcement Officer
|
Freestanding
|
Wall Signs
|
Signs Permitted Upon Review by Planning Board
| |
|
Residential Districts (R-1, R-2)
|
Animated, moving or flashing signs
Projecting signs extending more than 15 inches from an exterior
wall
Roof signs
Signs on vehicles parked to create a permanent sign effect
Signs on utility poles
Signs resembling traffic signals or official traffic signs
Signs that emit sound, odor or smoke
Signs within the cartway of a public road
Signs within 10 feet of power and telephone and television cable
lines
Signs of more than 15 feet in height
|
Awning, canopy or marquee signs of 4 square feet in aggregate
per lot
Bus shelter signs of 10 square feet, no more than 2 per shelter
or lot
Civic and religious signs of 4 square feet
Directional and instructional signs of 4 square feet in aggregate
per lot
Noncommercial flags, emblems, insignia and temporary signs
Governmental signs
Holiday decorations
Interior signs not classified as window signs
Name and address plates and plaques of 2 square feet each in
area and 4 square feet in aggregate per lot
No trespassing, no dumping and similar signs of 2 square feet
in area
Real estate, temporary construction and contractor signs of
12 square feet
Parking lot entrance/exit sign (1) of 4 square feet, no more
than 5 feet high
Parking lot directional signs of 8 square feet (16 square feet
in aggregate), no more than 7 feet high
|
Multifamily building signs of 4 square feet, each no more than
1 per building
Residential development entrance ground signs (2 per road) of
24 square feet
|
50 square feet in aggregate or 1 square foot per 5 feet of lot
frontage (whichever is less), no individual sign to exceed 32 square
feet in area or 15 feet in height, with the exception of temporary
and no trespassing signs
|
5% of any single building facade or 32 square feet per unit
or lot in aggregate, whichever is less. Window wall signs shall not
occupy more than 25% of any window.
|
Other on-premises nonresidential use advertising signs for principal
permitted, special and existing nonconforming uses subject to maximum
sign surface area for all signs on the lot as set forth in the 2 columns
to the left
|
|
Sports patron advertising signs of 32 square feet in area
Temporary signs of 32 square feet, no more than 5 times or 45
days per calendar year aggregate
Incidental signs of 2 square feet each and 8 square feet in
aggregate per lot
Warning of danger signs removed within 3 days of end of danger
| ||||||
|
Hamlet and Rural District (H & R-5)
|
Animated, moving or flashing signs
Roof signs extending above peak
Signs on vehicles parked to create a permanent sign effect
Signs on utility poles
Signs resembling traffic signals or official traffic signs
Signs that emit sound, odor or smoke
Signs extending beyond the edge of a sidewalk or within the
cartway of any public road, whichever is greater
Signs within 10 feet of power and telephone and television cable
lines
Signs of more than 15 feet in height
|
Awning, canopy or marquee signs of 4 square feet in aggregate
per lot
Bus shelter signs of 10 square feet, no more than 2 per shelter
or lot
Civic and religious signs of 4 square feet
Directional and instructional all signs of 4 square feet in
aggregate per lot
Noncommercial flags, emblems, insignia and temporary signs
Governmental signs
Holiday decorations
Name and address plates and plaques of 2 square feet each in
area and 4 square feet in aggregate per lot
No trespassing, no dumping and similar signs of 2 square feet
in area
Parking lot entrance/exit sign (1) of 4 square feet, no more
than 5 feet high
Parking lot directional signs of 8 square feet (16 square feet
in aggregate), no more than 7 feet high
Real estate, temporary construction and contractor signs of
16 square feet
|
Multifamily building signs of 4 square feet each, no more than
1 per building
Residential development entrance ground signs (2 per road) of
24 square feet
Awning canopy or marquee signs of 16 square feet each provided
no more than 50% of awning, canopy or marquee is used for signage
1 permanently mounted changeable letter or fuel price sign of
36 square feet
Non-governmental flags of 24 square feet suspended from poles
of up to 36 feet in height
1 freestanding sign of 32 square feet, or one projecting sign
of 32 square feet 10 feet above the sidewalk or the ground, for nonresidential
use identification purposes
Wall signs subject to the maximum sign surface area limitations
to the right for such signs
|
75 square feet in aggregate or 1 square foot per 1 foot of lot
frontage (whichever is less) no individual sign to exceed 32 square
feet in area or 15 in height, with the exception of temporary and
no trespassing signs
|
10% of any single building facade or 64 square feet per unit
or lot in aggregate, whichever is less. Window wall signs shall not
occupy more than 25% of any window.
|
Other on-premises nonresidential use advertising signs for principal
permitted, special and existing nonconforming uses subject to maximum
sign surface area for all signs on the lot as set forth in the 2 columns
to the left
Off-premises nonresidential use directional signs subject to
maximums provided on this Schedule for all permitted signs
Commercial directory signs as defined herein (see § 140-4, Definitions.)
|
|
Sandwich board or A-frame sign (1) of 10 square feet placed
no more than 10 feet from principal building entrance
Sports patron advertising signs of 32 square feet in area
Temporary signs of 32 square feet more than 5 times or 45 days
per calendar year aggregate
Incidental signs of 4 square feet each and 12 square feet in
aggregate per lot
Warning of danger signs removed within 3 days of end of danger
| ||||||
|
All Other Districts (AR-3, AB-3, B, I and NR)
|
Animated, moving or flashing signs
Projecting signs extending more than 15 inches from an exterior
wall
Roof signs extending above peak
Signs on vehicles parked to create a permanent sign effect
Signs on utility poles
Signs resembling traffic signals or official traffic signs
Signs that emit sound, odor or smoke
Signs within the cartway of a public road
Signs within 10 feet of power and telephone and television cable
lines
Signs of more than 15 feet in height (except as provided for
nonresidential use advertising signs in § 1308 of this chapter)
|
Awning, canopy or marquee signs of 4 square feet in aggregate
per lot
Bus shelter signs of 10 square feet no more than 2 per shelter
or lot
Civic and religious signs of 4 square feet
Directional and instructional signs of 4 square feet in aggregate
per lot
Noncommercial flags, emblems, insignia and temporary signs
Governmental signs
Holiday decorations
Name and address plates and plaques of 2 square feet each in
area and 4 square feet in aggregate per lot
No trespassing, no dumping and similar signs of 2 square feet
in area
Real estate, temporary construction and contractor signs of
16 square feet
|
Multifamily building signs of 4 square feet each, no more than
1 per building
Residential development entrance ground signs (2 per road) of
24 square feet
Awning, canopy or marquee signs of 16 square feet each provided
no more than 50% of awning, canopy or marquee is used for signage
1 permanently mounted changeable letter or fuel price sign of
36 square feet
1 freestanding sign of 32 square feet for nonresidential use
identification purposes
Wall signs subject to the maximum sign surface area limitations
to the right for such signs
|
100 square feet in aggregate or 1 square foot per 2 feet of
lot frontage (whichever is less). no individual sign to exceed 32
square feet in area or 15 feet in height, with the exception of temporary
and no trespassing signs
|
10% of any single building facade or 64 square feet per unit
or lot in aggregate, whichever is less. Window wall signs shall not
occupy more than 25% of any window.
|
Other on-premises nonresidential use advertising signs for principal
permitted, special and existing nonconforming uses subject to maximum
sign surface area for all signs on the lot as set forth in the 2 columns
to the left
Off-premises nonresidential use directional signs subject to
maximums provided on this Schedule for all permitted signs
Commercial directory signs as defined herein (see § 140-4, Definitions.)
|
|
Parking lot entrance/exit sign (1) of 4 square feet, no more
than 5 feet high
Parking lot directional signs of 8 square feet (16 square feet
in aggregate), no more than 7 feet high
Portable wheeled signs of 32 square feet
Sandwich board or A-frame sign (1) of 10 square feet placed
no more than 10 feet from principal building entrance
Sports patron advertising signs of 32 square feet in area
Temporary signs of 32 square feet more than 5 times or 45 days
per calendar year aggregate
Incidental signs of 4 square feet each and 12 square feet in
aggregate per lot (up to 6 square feet each and 16 square feet in
aggregate within RU Districts)
Warning of danger signs removed within 3 days of end of danger
| ||||||
Every application requiring site plan review or subdivision
approval shall, where applicable, comply with stormwater management
regulations of the New York State Department of Environmental Conservation
(DEC). The following standards and procedures shall apply:
A.
The application shall include the following items, prepared to DEC requirements and § 125-27 of the Town of Rochester Code:
(1)
An erosion and sedimentation control plan (basic SWPPP) illustrating
those measures to be employed during construction and as may be necessary
to prevent loss of soil from erosion and to prevent resulting property
damage, siltation and contamination of watercourses or impoundments.
(2)
A stormwater pollution prevention plan (SWPPP) identifying those
practices employed after construction and as may be necessary to prevent
property damage by and pollution of associated watercourses or impoundments.
Where DEC approval of such items is required, Town of Rochester Planning
Board approval shall be conditioned upon such approval. Where only
a notice of intent (NOI) is required under such DEC regulations, the
Town Planning Board may require review of such plans by the Town Engineer
and modification as may be necessary based upon such review. A certified
copy of a completed NOI, signed by the applicant and certified by
the applicant's professional representative, shall be supplied. A
copy of the New York State DEC reply to the NOI shall also be supplied
when issued. All applications requiring site plan review and a notice
of intent shall be reviewed for compliance with DEC stormwater technical
standards. The Planning Board's conditions of approval may address
local drainage and runoff issues and, where practical, it shall encourage
use of stormwater infiltration practices that reduce stormwater runoff
and increase groundwater recharge in new development and redevelopment.
Such practices may include vegetated open channels (grassy swales)
instead of paved drainage ditches, rain gardens on residential lots
and use of permeable pavement and similar surfaces in parking.
B.
Applicants shall employ low-impact development techniques as provided
for in the New York State Stormwater Management Design Manual. Infiltration
practices shall be used whenever acceptable under DEC guidelines.
Applicants shall provide deep test pits and percolation tests in support
of this or demonstrate infiltration is not a viable practice for the
site in question. Dry grass swales and other similar measures shall
also be encouraged wherever practical.
C.
All stormwater management improvements shall be properly maintained
so as to continue to perform in their intended manner. A stormwater
maintenance agreement may be required. Sediment shall, at a minimum,
be removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%. The Town Code Enforcement Officer,
upon observing such improvements are not being so maintained, may
direct a property owner to undertake such maintenance. Failure to
comply after a minimum of 30 days' notice shall constitute a violation
of this chapter.
