City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
The O-A Overlay Airport District prevents the establishment of flight or safety hazards within the vicinity of the Rochester - Monroe County Airport. The district recognizes the approach-departure corridors where development might endanger the lives and property of residents of the area, airport operations or aircraft. The Overlay Airport District shall not be independently mapped upon the Zoning Map but shall be overlaid upon existing zoning districts. When so mapped, the Overlay Airport District shall provide regulations and review procedures in addition to those required in the underlying district.
The Overlay Airport District shall consist of two sections, an inner section and an outer section.
A. 
Inner district. The O-A Overlay Airport District (Inner) shall be established over the area within one mile from the boundary line of the Rochester - Monroe County Airport and within the approach-departure corridors of instrument-equipped runways at the airport over an area not to exceed three miles from the end of the runway and one mile in width. The boundaries of the Overlay Airport District (Inner) may be changed from time to time as necessary to reflect the current configuration and utilization of the airport and its facilities. The Manager of Zoning shall request annually from the Monroe County Department of Planning and Development information concerning any changes or projected changes involving instrument runway layout, airport boundaries or general airport operations or use.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B. 
Outer district. The O-A Overlay Airport District (Outer) shall be established over the remainder of the area within the corporate limits of the City of Rochester not covered by the Overlay Airport District (Inner).
Referral required prior to City action. The following applications shall require referral to the Monroe County Department of Planning and Development in accordance with the provisions of § C5-4A of the Monroe County Charter:
A. 
Inner district. Any application for any of the following actions within the O-A District (Inner):
(1) 
Subdivision.
(2) 
Changes in land use by amendment of the provisions of this chapter, special permit or variance.
(3) 
Other significant changes in land use.
(4) 
Development of vacant land.
(5) 
Any land use which might create a flight or safety hazard by reason of electronic interference, impairment of visibility, glare, flammability, radiation, height or any other feature.
B. 
Outer district. Any application for any of the following actions within the Overlay Airport District (Outer):
(1) 
Any land use which might create a flight or safety hazard by reason of electronic interference, impairment of visibility, glare, flammability, radiation, height or any other feature.
(2) 
Any application for a special permit for height or a variance in accordance with the provisions of this article.
Within the Overlay Airport District, both inner and outer sections, no building, structure or use that is not specifically limited to a lower maximum height by the zoning district in which it is to be located shall be permitted to extend above an imaginary plane the height of which is determined as follows:
A. 
Vertical height. Vertical height of the imaginary plane shall be measured from an elevation of 559 feet above mean sea level, which is the elevation of Rochester - Monroe County Airport Runway 10-28.
B. 
Horizontal distance. Horizontal distance shall be measured from the airport location point (ALP) defined by the United States Department of Commerce, National Oceanic and Atmospheric Administration, as being located within the Rochester - Monroe County Airport at a latitude of 43º 07' 11.2" and a longitude of 77º 40' 18.2".
C. 
Location-determined height and distance.
(1) 
For all locations less than 8,000 feet from the ALP, the height of the imaginary plane shall be 40 feet.
(2) 
For all locations between 8,000 and 10,000 feet from the ALP, the height of the imaginary plane shall begin at 50 feet and shall increase one foot in height for every 40 feet of horizontal distance to a maximum height of 100 feet at a distance of 10,000 feet.
(3) 
For all locations between 10,000 and 25,000 feet from the ALP, the height of the imaginary plane shall begin at 100 feet and shall increase one foot in height for every 50 feet of horizontal distance to a maximum height of 400 feet at a distance of 25,000 feet.
(4) 
For all locations beyond 25,000 feet from the ALP, the height of the imaginary plane shall be 400 feet. Any building, structure or use may extend above this plane subject to the issuance of a special permit as provided in § 120-192.
D. 
Table of dimensions. The following table illustrates the height of the imaginary plane, measured from 559 feet above mean sea level, defined in this section:
Distance from ALP
(feet)
Height of Imaginary Plane Measured from 559 Feet Above Mean Sea Level
Less than 8,000
40
8,000
50
9,000
75
10,000
100
11,000
120
12,000
140
13,000
160
14,000
180
15,000
200
16,000
220
17,000
240
18,000
260
19,000
280
20,000
300
21,000
320
22,000
340
23,000
360
24,000
280
25,000
300
25,000+
400+ by special permit
Any tree, shrub or other object of natural growth located within the Overlay Airport District that exceeds the maximum permitted heights defined in this article or otherwise impairs visibility may be declared to be a flight hazard and may be required to be removed, trimmed or otherwise altered at the owner's expense.
No building, structure or use shall be established, created or constructed which creates or is expected to create a flight or safety hazard. No certificate of zoning compliance shall be issued for such a building, structure or use.
A. 
Procedure.
(1) 
An applicant desiring to erect any structure or increase the height of any structure or otherwise use his or her property in violation of these regulations may file for a variance as provided in § 120-195.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2) 
Every application shall be accompanied by the Federal Aviation Administration's current written advisory determination issued pursuant to Part 77 of the Federal Aviation Regulations and shall include a written statement addressing the impact of the proposed use upon existing flight patterns.
(3) 
The application shall be referred to the Monroe County Department of Planning and Development for review and approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure or use on flight patterns, airport operations, the environment, changes in aircraft noise contours and any other matters they deem appropriate.
(4) 
Upon receipt of the report of the Monroe County Department of Planning and Development, the Manager of Zoning shall officially advise the City Clerk of each such application, together with the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. The City Clerk shall transmit all such information as an official communication to the City Council at its next meeting. In the event that City Council does not have a regularly scheduled meeting within 14 days from the receipt of the application, the Manager of Zoning shall also transmit all such information by registered mail to each member of the City Council.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B. 
Hearing. All such variances shall be heard and decided by the Zoning Board of Appeals. A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with this chapter. All such public hearings shall be scheduled not less than 10 days following City Council's receipt of the official communication or the date of issuance of such information by registered mail, whichever occurs earlier.
C. 
Determination.
(1) 
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, the Manager of Zoning shall give notice of such application and a brief summary of the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. Such notice shall be given by publication in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 days nor less than 20 days before the date of the public hearing.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2) 
In approving the variance, the Zoning Board of Appeals may require the applicant to install, operate and maintain upon the structure such markers and lights as may be necessary to indicate to operators of aircraft the presence of such hazard.
(3) 
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, then no variance shall be approved unless the applicant establishes that the proposal would not adversely affect the health and safety of City residents nor result in increased noise levels in the City.
A. 
Procedure.
(1) 
An applicant desiring to erect any structure or increase the height of any structure located at a distance greater than 25,000 feet from the airport location point (ALP) which shall extend above an imaginary plane the height of which is 400 feet above the elevation of Rochester - Monroe County Airport Runway 10-28, 541 feet above mean sea level, may file for a special permit as provided in § 120-192.
(2) 
The application shall be accompanied by the Federal Aviation Administration's current written advisory determination issued pursuant to Part 77 of the Federal Aviation Regulations and shall include a written statement addressing the impact of the proposed use upon existing flight patterns.
(3) 
The application shall be referred to the Monroe County Department of Planning and Development for approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure on such matters as flight patterns, airport operations, environmental impact, changes in aircraft noise contours and any other matters they deem appropriate.
(4) 
Upon receipt of the report of the Monroe County Department of Planning and Development, the Manager of Zoning shall officially advise the City Clerk of each such application, together with the determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. The City Clerk shall transmit all such information as an official communication to the City Council at its next meeting. In the event that City Council does not have a regularly scheduled meeting within 14 days from the receipt of the application, the Manager of Zoning shall also transmit all such information by registered mail to each member of City Council.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B. 
Hearing. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with this chapter. All such public hearings shall be scheduled not less than 10 days following City Council's receipt of the official communication provided in this section herein or the date of issuance of such information by registered mail, whichever occurs earlier.
C. 
Determination.
(1) 
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, the Manager of Zoning shall give notice of such application and a brief summary of the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. Said notice shall be given by publication in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 days nor less than 20 days before the date of the public hearing.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2) 
In approving the special permit, the Planning Commission may require the applicant to install, operate and maintain upon the structure such markers and lights as may be necessary to indicate to operators of aircraft the presence of such hazard.
(3) 
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, then no special permit shall be approved unless the applicant establishes that the proposal would not adversely affect the health and safety of City residents nor result in increased noise levels in the City.