Clarkson City Zoning Code
PART 3
Development Standards
§ 140-30.1 Intent and purpose.
The purpose of this article and intent of its regulations is to achieve the following objectives:
A.
Ensure there are adequate amounts of off-street parking and loading facilities to serve the use(s) and users of the property;
B.
Protect the users of adjacent properties from nuisances caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles;
C.
Reduce congestion on the primary street networks of the Town;
D.
Minimize further expansion of impervious surfaces within the Town and reduce loss of green space;
E.
Provide safe traveling conditions and off-street accommodations for motorists, pedestrians, and bicyclists; and
F.
Ensure safe, well-planned multi-modal access is provided to all properties while minimizing potential vehicular, pedestrian, and bicyclist conflicts.
§ 140-30.2 Applicability.
A.
Uses subject to regulation. All nonresidential, mixed-use, and multifamily development should meet the requirements of this article. No building or zoning permit shall be issued for any use that does not conform to the requirements herein.
B.
Residential uses. Single-, two-, and multifamily properties up to four units shall be exempt from the requirements of this article, except for § 140-30.3.
C.
Vehicle reference. The term "vehicle," as used in this article, shall include, but not be limited to automobiles, motorcycles, trucks, recreational vehicles, campers and trailers, including recreational and boat trailers.
D.
Off-street parking space reference. Areas that may be considered as off-street parking space include any private garage, carport or other area available for parking other than a street, entrance or exit lane, vehicle, pedestrian, or bicycle accessway, or driveway.
E.
Owner responsibility. The provision and maintenance of private off-street parking areas is a continuing obligation of the property owner.
F.
New construction. No site plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the use conforms to the requirements of this article.
G.
Site plan review. For any off-street parking facility as required by this article, a layout plan showing entrances, drives and parking stalls, landscaping, and snow storage and removal provisions shall be submitted as part of site plan review.
H.
Increase in intensity of use. An increase in the intensity of use of a building or premises shall mean the addition of dwelling units, gross floor area, occupancy or any other unit of measurement used as a basis for determining required parking and loading areas. Additional parking and loading spaces, as required, shall be provided for any such increases in an existing use.
I.
Change in use. When the use of any building or premises is changed to a different use; parking and loading spaces, as required, shall be provided for the different use.
J.
Existing parking and loading areas. Off-street parking and loading areas in existence on the effective date of this article shall not be reduced below the requirements for an equivalent new building or use. In no case shall it be necessary to continue parking and loading spaces in excess of those required by this article.
K.
Nonconforming parking and loading areas. A building, use or occupancy lawfully existing at the time this article or any amendment thereto becomes effective, but which does not conform with the off-street parking and loading requirements, may be occupied or continued without such spaces being provided. Any such spaces that may be provided thereafter shall comply with the requirements of this article. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of this article.
§ 140-30.3 Residential parking requirements.
A.
Regulations for residential uses. The requirements of this section shall apply to all single-, and two-family uses.
(1)
The minimum number of parking spaces shall be provided in accordance with § 140-30.4B.
(2)
Parking may be permitted in the front yard area, provided all vehicles are located on an approved driveway as required in § 140-30.11E.
(3)
Parking is prohibited on grass areas and yard space that is not hard-surfaced and properly designated for such use.
B.
Parking of recreational vehicles. Parking of personal seasonal vehicles, boats, trailers, or recreational vehicles is permitted, provided such vehicles:
(1)
Are registered and licensed;
(2)
Are not used for living purposes;
(3)
Are not parked within the front yard setback;
(4)
Are parked on an approved surface; and
(5)
Do not obstruct vehicular, pedestrian, or bicyclist vision and access.
C.
Maximum vehicle weight. No portion of a residential property located in a residential district shall be occupied at any time by any vehicle having a maximum gross load weight in excess of five tons unless said vehicle is stored and kept entirely within an enclosed structure when on the premises.
§ 140-30.4 Off-street parking space requirements.
A.
Number of parking spaces.
(1)
The requirement for a single use (e.g., a retail store) shall be determined directly from this section, unless otherwise noted within this chapter.
(2)
The requirements for a combination of uses (e.g., a retail store with an office building) shall be determined by establishing the requirement for each single use and adding them together, unless otherwise noted herein.
(3)
For uses not specifically listed, the requirement shall be the same as for the most similar listed use as determined by the Code Enforcement Officer.
B.
Parking minimums. The minimum number of off-street parking spaces per use shall be in conformance with the following:
Land Use | Minimum Spaces |
|---|---|
Residential | |
Single-or two-family dwelling | 2 per unit |
Multifamily dwelling | 1.5 per unit |
Upper floor residential unit | 1.5 per unit |
Bed-and-breakfast | 1 per room |
Hospice, nursing home, or assisted living | 0.5 per bed + 0.5 per employee1 |
Commercial/Industrial | |
Retail operation | 3 per 1,000 sf of gross floor area |
Service operation | 2 per 1,000 sf of gross floor area |
Industrial operation | 1 per employee1 |
Office or clinic | 1.5 per employee1 |
Restaurant or bar | 4 per 1,000 sf of gross floor area |
Recreation or entertainment facility | 0.25 per maximum occupancy |
Lodging | 1 per guestroom + 0.5 per employee1 |
Other commercial use | 3 per 1,000 square feet |
Other | |
Place of worship or public assembly | 0.25 per maximum occupancy |
School | 1 per classroom + 1 per employee1 |
Licensed day-care facility | 1 per classroom + 1 per employee1 |
Home occupation | As required for dwelling2 |
NOTES: | |
|---|---|
(1) | Based on the maximum shift. |
(2) | No more than 2 additional spaces shall be allowed. |
C.
Parking maximums. The maximum number of parking spaces allowable for any use shall not exceed 120% of the minimum requirement, except through the submission of a parking demand analysis in accordance with § 140-30.9A and site plan approval.
D.
Should the minimum parking space requirement result in a fractional number of spaces based on the previous calculations, the requirement shall be rounded to the next highest whole number.
E.
Where no requirement is designated, and the use is not comparable to any of the listed uses, parking requirements shall be determined by the Code Enforcement Officer based upon the capacity of the facility and its associated uses. The Code Enforcement Officer may consult with any Town board, department, agency, and/or official it deems advisable. The Code Enforcement Officer may also engage the services of engineers, planners, or other professionals to aid in their determination. The applicant shall reimburse all costs incurred by the Code Enforcement Officer for such professional services to the Town.
F.
The Planning Board may require additional off-street parking spaces in excess of those required by this article as part of site plan review if such additional spaces are deemed necessary to protect the health, safety, and general welfare of the public.
G.
The recurrent parking of any vehicle on the right-of-way of a street or highway or the impeding of traffic or creation of traffic hazards by the same shall be prima facie evidence of the inadequacy of off-street parking on the premises or in connection therewith, and the Code Enforcement Officer may require additional off-street parking spaces to be provided by the offending property owner.
§ 140-30.5 Parking lot design standards.
A.
The size off off-street parking spaces and aisles shall conform to the following dimensional standards:
 |
Stall Width (A) | Stall Length (B) | Skew Width (C) | Drive Aisle Width (D) | |||
|---|---|---|---|---|---|---|
Stall Angle | Min | Min | Min | One-Way Min | Two-Way Min | Max |
0 ° | 10 ft | 18 ft | 9 ft | 11 ft | 22 ft | 24 ft |
45 ° | 10 ft | 20 ft | 13 ft | 12 ft | 22 ft | 24 ft |
60 ° | 10 ft | 21 ft | 11 ft | 14 ft | 22 ft | 28 ft |
90 ° | 10 ft | 20 ft | 9 ft | 11 ft | 22 ft | 24 ft |
§ 140-30.6 Location of spaces.
A.
All parking spaces and loading spaces shall be on the same lot as the use they are intended to serve unless otherwise specified in this chapter.
B.
Parking areas shall not be located within 20 feet of a residential district.
C.
Loading areas shall not be located within 30 feet of a residential district.
D.
Parking and loading areas may not be located within 20 feet of street frontage.
E.
Off-street parking and loading spaces in the MU-H, MU-C, and MU-O Districts shall be prohibited in the front yard area, with the exception of a single bay of convenience parking approved as part of site plan review. Spaces located within other commercial or industrial districts may be located in any yard area.
F.
Off-street parking spaces in residential districts may be provided in any yard except the front yard. However, parking in the front yard shall only be allowed on single-family and two-family lots on an approved, hard-surfaced driveway compliant with this article.
G.
Loading spaces and delivery areas, such as loading docks, shall be located so as not to be visible from the street or public right-of-way. If not practical, landscaping and buffering to screen such areas shall be provided to the extent required in site plan review.
§ 140-30.7 Loading space requirements.
A.
Applicability. Whenever the normal operation of any use requires that goods, merchandise, or equipment be routinely delivered to or shipped from that use, off-street loading areas must be provided in accordance with this section.
B.
Minimum spaces required. Loading spaces shall be provided for uses in accordance with the table below.
Gross Floor Area (sf) | Minimum Spaces | Minimum Size |
|---|---|---|
Less than 5,000 | 0 | 0 |
5,000 to 10,000 | 1 | 12 by 25 ft |
10,000 to 30,000 | 1 | 14 by 50 ft |
Each additional 15,000 | +1 | 14 by 50 ft |
C.
Deliveries. Where loading spaces are located within 100 feet of a residential use or district there shall be no deliveries between the hours of 10:00 PM and 7:00 AM EST.
§ 140-30.8 Design requirements.
All off-street parking and loading areas, including their vehicular access drives and pedestrian, and bicyclist connections, shall conform to the following:
A.
Paving materials.
(1)
Acceptable surfacing materials shall be those capable of being kept in a smooth, well-graded condition, free of snow and debris. This includes concrete, asphalt, blacktop, brick, or other such properly engineered paving material with approval by the Planning Board. The use of pervious paving material is highly encouraged.
(2)
Prohibited surfacing treatments include dirt, gravel, pavement millings, or loose stone. Exceptions to this provision may be made where deemed appropriate and necessary by the Planning Board.
(3)
All areas shall be constructed to withstand the loads to be imposed by the vehicles for which the parking or loading area is intended.
(4)
To prevent the unnecessary paving of lands, emergency fire lanes or other areas and access drives not intended for daily use may be left unpaved and maintained as grass or sod stone with review board approval. Such areas and drives shall remain unobstructed and in navigable condition to ensure vehicular accessibility at all times.
B.
Markings.
(1)
Parking and loading spaces shall be properly marked with clear and permanent painted strips of at least four inches in width.
(2)
Areas designated for pedestrian and/or bicyclist access and use shall also be clearly delineated in this manner, unless otherwise separated by curbing or some other physical barrier.
C.
Landscaping and screening. All off-street parking and loading areas shall be landscaped and screened in accordance with Article 31.
D.
Lighting. The exterior lighting of parking and loading areas shall be in conformance with the provisions of Article 32.
E.
Snow storage. All parking and loading areas must include a dedicated area for the placement and storage of snow.
F.
Stormwater management. All parking and loading areas and their access driveways shall be graded so as to provide for the proper mitigation of storm water and runoff.
G.
Electric vehicle charging stations. Off-street parking and loading spaces may include charging stations for use by electric vehicles in accordance with § 140-23.14.
§ 140-30.9 Alternative parking arrangements.
A.
Parking demand analysis.
(1)
The number of parking spaces required for any use may be adjusted with the completion of a parking demand analysis by an engineer or other duly licensed professional hired by the applicant using the Institute of Traffic Engineers (ITE) Parking General Manual and approval by the Planning Board.
(2)
A parking demand analysis may be required where shared parking is proposed to determine the sharing factor or where a reduced number of off-street parking spaces is proposed.
(3)
Such analysis shall include, at a minimum:
(a)
The names and addresses of the owner(s) and tenant(s) that will be using the parking;
(b)
An estimate of the number of spaces needed to accommodate the proposed use(s);
(c)
A summary and map of the proposed location and configuration of spaces (on-site, public lots, on-street, joint, shared, etc.);
(d)
A market study and/or other supporting information and rationale behind the requested number of parking spaces; and
(e)
An analysis of existing parking conditions in the surrounding area, to include a radius of at least 1,000 feet.
(4)
The Planning Board may waive a parking demand analysis and the requirements thereof in whole or in part in accordance with § 140-40.4G.
B.
Joint or shared parking and loading spaces.
(1)
Where two or more uses are located on the same lot or located on separate lots, an applicant may propose the use of joint or shared parking and/or loading spaces.
(2)
Such arrangements may be authorized by the Planning Board as part of development plan review, provided the following conditions are met:
(a)
The parking area is located within 1,000 feet of the building(s) or use(s) it is intended to serve.
(b)
The loading area is within 100 feet of the building(s) or use(s) it is intended to serve.
(c)
The minimum number of spaces provided is at least that of the use with the greatest requirement or otherwise compliant with an approved parking demand analysis.
(d)
It is proven that the uses have different peak hour demands, or the total demand at peak times is adequately served by the total number of spaces proposed.
(e)
A joint or shared access agreement is executed documenting all uses and property owners. Such agreement shall be reflected in a deed, lease, contract, easement or other appropriate legal document.
(f)
A maintenance agreement is executed documenting the responsibility of each user and/or property owner in the maintenance and upkeep of such parking and/or loading areas.
(3)
Applicants seeking authorization of such arrangement shall submit written documentation justifying their requests, including:
(a)
The names and addresses of the owner(s) and tenant(s) that will be using the parking and/or loading spaces.
(b)
A description of the uses involved, including their minimum individual parking and/or loading requirements determined by this article.
(c)
The location, design, and number of parking and/or loading spaces that are proposed, including the number to be shared and/or reserved for a certain use, where applicable.
(d)
A parking demand analysis in accordance with Subsection A above to determine the appropriate sharing factor. To be approved, this analysis must show that the uses have differing peak parking or loading times or that users overlap in visiting more than one use during peak times and that the proposed spaces will be adequate for the anticipated demands of each use.
(e)
The required access and maintenance agreements as outlined Subsection C(2).
(4)
Joint or shared parking and loading areas shall provide for cross access with clearly delineated vehicular drive aisles. Separation of joint or shared parking areas by a wall, guard rail, or other structure preventing vehicular access shall be prohibited, unless otherwise approved by the Planning Board.
§ 140-30.10 Bicycle and pedestrian accommodations.
A.
Bicycle parking.
(1)
Bicycle parking may be required of all nonresidential development at a rate of at least 10% of vehicle parking requirements at the discretion of the Planning Board. A maximum of five bicycle parking spacings shall be required.
(2)
This requirement shall not apply to properties within zoning districts where there are publicly provided or shared bicycle parking facilities within 1,000 feet of the use.
B.
Pedestrian connectivity.
(1)
Off-street parking areas of five or more spaces shall include a clearly identified pedestrian pathway from the parking spaces to building entrances and uses, on site.
(2)
Pedestrian connections to the public sidewalk shall also be required, where applicable. See Figure 30.1.
FIGURE 30.1: Pedestrian Sidewalk Network  |
(3)
Pedestrian paths shall be a minimum of six feet wide. Pedestrian paths shall be distinguished from the parking area by striping, grading or other protective device.
(4)
Pedestrian paths shall be located so the pedestrian has a short and efficient walking route.
(5)
Abutting land uses and buildings on a site shall be connected by a pedestrian path.
(6)
Pedestrian paths connecting off-street parking spaces to a building or use entrance shall be provided at a ratio of one pedestrian path for every four parking rows or 140 feet of parking lot width, whichever is greater.
§ 140-30.11 Access management.
A.
Access required. All off-street parking and loading spaces shall have direct access to a public street or alley.
B.
Joint or shared access.
(1)
To promote more efficient traffic flow and traffic safety and minimize the number of curbcuts, every effort shall be made to provide shared means of ingress and egress to developed and developing properties.
(2)
Where deemed necessary and appropriate, the Planning Board may require the provision of shared access drives and/or cross-easement agreements for rear access lanes to adjacent properties which minimize curbcuts along the primary roadway. See Figure 30.2.
FIGURE 30.2: Vehicular Cross Access  |
C.
Delineation. Access from streets to parking and loading areas shall be clearly defined. All curbcuts shall be delineated with raised curbing.
D.
Driveway separation. No access driveway shall be located closer than 125 feet to the intersection of public streets or another driveway. This minimum separation may be increased or decreased with review body approval or where otherwise required by the Monroe County or New York State Departments of Transportation.
E.
Driveway dimensions. The size and dimension of driveways shall conform to the standards indicated in the following table.
Land Use | Required Width (ft) | |
|---|---|---|
Min | Max | |
Single-, two-, or multifamily, up to 4 units | 12 ft | 20 ft |
Multifamily, over 4 units | 20 ft | 20 ft |
Nonresidential, one-way access | 12 ft | 16 ft |
Nonresidential, two-way access | 20 ft | 24 ft |
F.
Conformance with local and state regulations.
(1)
All curbcuts and street openings shall conform to the requirements of Chapter 112 (Streets and Sidewalks) of the Town of Clarkson Code and the Town's Design and Construction Standards.
(2)
All exit or entrance drives connecting a parking and loading spaces to the street shall be approved by the Town of Clarkson Superintendent of Highways, as well as the Monroe County and New York State Departments of Transportation, where involved.
(3)
Reference should be made to the New York State Department of Transportation Access Management Guidelines and regulations to determine the most appropriate access management strategy, including shared access and spacing of curbcuts.
(4)
All driveways, curbcuts, and street openings shall be in conformance with the Fire Code of New York State and all other applicable state regulations.
§ 140-31.1 Purpose and intent.
A.
Purpose. The Town of Clarkson recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise, enhancing property values, and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the Town.
B.
Intent. The following standards are intended to assure an acceptable degree of landscaping, screening, and buffering between land uses, particularly between residential and nonresidential uses, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community, and encouraging preservation of existing natural features. Specifically, these regulations are intended to:
(1)
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the region.
(2)
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
(3)
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
(4)
Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.
(5)
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
(6)
Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Town residents and visitors.
§ 140-31.2 Applicability.
All nonresidential and multifamily development that is otherwise subject to site plan review shall meet the requirements of this article.
§ 140-31.3 Landscaping plan.
A.
The Planning Board may determine that the landscaping plan must be prepared by a licensed landscape architect, landscape designer or other professional. All landscaping plans shall contain the following information:
(1)
A little block with the name of the project, the name of the person preparing the plan, a scale, north arrow and date.
(2)
All existing, significant plant materials on the site.
(3)
Existing and proposed structures.
(4)
Topographical contours at two-foot intervals.
(5)
Drainage patterns.
(6)
Location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and shall identify those existing plant materials that are to be protected or removed.
(7)
Landscaping of parking areas, access aisles, entrances, common open areas, recreation areas, and perimeter buffer areas.
(8)
Other information as may be required by the Code Enforcement Officer and/or the Planning Board.
B.
Relief from any landscape plan requirements that are deemed unnecessary may be granted by the Planning Board.
§ 140-31.4 General requirements.
A.
Existing site features. Existing unique, cultural, or natural site features, such as stonewalls, shall be incorporated into landscaping plans to the maximum extent feasible. Sites that possess significant ecological properties such as aquifers, public water supply watersheds, wetlands, and streams whose degradation would negatively affect other properties should be developed in a manner that will effectively prevent the possibility of such degradation.
B.
Completion of work. The issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping, or posting of a performance guaranty acceptable to the Code Enforcement Officer. If the applicant cannot perform the work due to seasonable impracticalities, all landscaping work shall be completed by June 30 of the year following the issuance of the certificate of occupancy.
C.
Pedestrian access. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.
D.
Existing trees. Existing healthy trees with a minimum 12-inch caliper should be identified on site plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.
§ 140-31.5 Plant specification.
A.
Appropriate species.
(1)
Plant and landscape materials shall be compatible with soil conditions on-site and the regional climate. Native plant species are encouraged.
(2)
All grasses, trees, and plant material shall be in accordance with those appropriate for the Town of Clarkson's Plant Hardiness Zone as defined by the United States Department of Agriculture.
(3)
Under no circumstance shall any site include plant material that is considered by the NYSDEC to be a prohibited and regulated invasive species per NYS Law 6 CRR-NY V C 575.
B.
Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 31-1 below.
Table 31-1: Minimum Plant Size in Buffer | ||
|---|---|---|
Plant Material | Side or Rear Yards | All Other Areas |
Trees | ||
Deciduous | 1 1/2 inch caliper | 2 inch caliper |
Evergreen | 4 feet (height) | 5 feet (height) |
Shrubs | ||
Deciduous | 15 inches (height) | 24 inches (height) |
Evergreen | 12 inches (height) | 18 inches (height) |
§ 140-31.6 Landscaping standards.
A.
Lawn area.
(1)
Grass areas shall be planted in a species well adapted to localized growing conditions in Monroe County, New York. Grass areas may be sodded, plugged, sprigged, hydro-mulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.
(2)
In areas where other than solid sod or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved.
(3)
Replacement or over-seeding mixes shall match or compliment the original installation.
B.
Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required. The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood. For large development projects such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines. The linear feet guidelines in Subsection B(1) and (2) are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. Specific requirements are as follows:
(1)
At least one tree for each 40 linear feet of the perimeter of the lot; and
(2)
At least one shrub for each 10 linear feet of the perimeter of the lot.
C.
Building foundations. Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers. The arrangement of said landscaping shall be arranged along the front facade as well as any facades visible from the public right-of-way. Trees and shrubs shall be provided according to the following requirements:
(1)
At least one tree for each 30 linear feet of the perimeter of the building; and
(2)
At least one shrub for each five linear feet of the perimeter of the building.
D.
Parking areas. Parking lots containing five or more spaces should be internally landscaped and provide the following:
(1)
A landscaped buffer at least 10 feet in width provided between a parking lot and the public rights of way;
(2)
A landscaped island or median for every 10 spaces, planted with at least one tree no smaller than two inch caliper (trunk diameter at four foot height). Large and medium shade trees (no less than eight feet in height at maturity) are recommended. Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended in parking areas;
(3)
Islands and medians a minimum of eight feet wide at the shortest side to protect plant materials and ensure proper growth (see Figure 31.1);
(4)
Islands utilized to separate parking stalls into groupings of not more than 20 spaces between islands (see Figure 31.1); and
(5)
Parking lots broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks. See Figure 31.1.
 FIGURE 31.1: Parking Area Design and Landscaping |
E.
Screening requirements.
(1)
A fence without landscaping shall not be considered a buffer.
(2)
A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity from adjacent properties. If there is insufficient space to accommodate a 10-foot landscaped area, the Planning Board may allow screening to consist of a wall, fence, berm, hedge, or other plant materials or combinations thereof no less than five feet in height.
§ 140-31.7 Landscaping maintenance.
It shall be the responsibility of the property owner and/or lessee to maintain the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping.
A.
Maintenance shall include, but not be limited to; watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
B.
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved by the Code Enforcement Officer.
C.
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
D.
Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.
§ 140-31.8 Screening of dumpsters, service areas, and mechanicals.
In any district, all dumpsters, service areas or mechanical units used or intended to be used for any building or land use other than one-family and two-family dwelling units, shall be subject to the following:
A.
All dumpsters, service areas and mechanicals must be located behind the front building line; and
B.
All dumpsters, service areas and mechanicals shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier from adjacent properties and the public right-of-way. Said barrier shall be a height of at least five feet above grade level on all sides where the adjacent land is in a residential district or a residential use.
§ 140-31.9 Buffering of nonresidential uses.
Where any nonresidential use abuts a residential use or district, including off-street parking areas, a landscaped buffer of at least 10 feet in width shall be provided. Such buffer shall include one or any combination of the following screening as approved in site plan review. The requirements may be modified by the Planning Board if deemed necessary to fulfil the purpose and intent of these regulations.
A.
A landscaped earthen berm a minimum of two feet high plus plantings a minimum of two feet high (a total of four feet high).
B.
A decorative concrete or masonry wall.
C.
A wood, vinyl, tubular steel, or similar fence compatible with the character of the area in which the fence is to be placed. Fences or walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.
D.
A compact hedge or other live vegetative barrier.
§ 140-32.1 Purpose and intent.
The purpose of this article is to provide regulations for outdoor lighting to achieve the following objectives:
A.
Allow for the provision of outdoor lighting as needed for visibility, security and as an accent to architectural and/or landscape features.
B.
Permit the use of exterior lighting that does not exceed the minimum levels specified in the International Dark Sky Association and the Illuminating Engineering Society of North America recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce.
C.
Minimize adverse off-site impacts of lighting such as light trespass, and obtrusive light.
D.
Curtail light pollution, reduce skyglow and improve the nighttime environment.
E.
Help protect the natural environment from the adverse effects of night lighting from gas or electric sources.
F.
Conserve energy and resources to the greatest extent possible.
§ 140-32.2 Applicability.
A.
Uses subject to regulation. These regulations shall apply to all outdoor lighting on any property utilized for the following purposes:
(1)
Nonresidential uses, including industrial uses;
(2)
Mixed-uses, whether located on the same site or within the same structure; and
(3)
Multifamily dwellings over four units.
B.
Site plan review. For uses which require a site plan review, the Planning Board may require a lighting site plan to be submitted showing the location, number, type/style, mounting height, and lighting levels produced on the ground (i.e., photometric report). All other uses shall conform to the general requirements contained herein.
§ 140-32.3 General requirements.
A.
Average levels of illumination for all building, landscaping, and parking shall not exceed the levels set forth and shall not encroach or trespass upon adjacent properties and shall be so arranged as to prevent direct glare onto any adjacent property or highway. Illumination design should establish a hierarchy of lighting to insure a smooth transition from bright areas to those with subdued lighting.
B.
Exterior lighting fixtures on commercial, industrial, institutional, and multifamily properties shall conform to the Illuminating Engineer Society of North America (IESNA) criteria for full cutoff fixtures. In addition, the lighting levels shall be designed to meet the minimum requirements of the latest recommended levels set forth by IESNA. Where no standard from IESNA exists, the Planning Board shall determine the appropriate level, taking into account levels for the closest IESNA activity.
C.
Lighting, except as required for security, shall be extinguished during nonoperating hours in order to minimize the indiscriminate use of illumination. Where practicable, lighting installations are encouraged to include timers, sensors, and dimmers to reduce energy consumption and unnecessary lighting.
§ 140-32.4 Specific requirements/standards.
A.
Lighting fixtures. All light fixtures are subject to the following standards:
(1)
All exterior lighting fixtures shall be dark sky compliant.
(2)
Street and commercial lighting fixtures throughout residential districts should be distinctive and pedestrian-scaled at a minimum of 10 feet but no more than 15 feet in height. Parking lots light fixtures should not exceed 20 feet in height.
(3)
Lighting fixtures should be compatible with the architectural style and other features of adjacent buildings.
(4)
Lighting fixtures should be of a consistent architectural style and utilize a design that allows light trespass to be fully shielded or fully cutoff.
B.
Parking lots. Parking lots shall not exceed light levels necessary for safety and for locating vehicles at night. The lighting plan shall be designed so that the parking lot is lit from the outside perimeter inward and/or incorporate design features with the intent of eliminating offsite light spillage. Parking and circulation lighting fixtures are required to have 90° cutoff type luminaire(s) to prevent light above the fixture. A lighting plan shall be required for all lighting with parking of over five vehicles or site application greater than 20,000 square feet.
C.
Wall pack units. Wall-pack units are required to be opaque shielded or have optics that provide a cutoff angle of 70° or less.
D.
Spot or flood type lighting. Spot or flood type lighting attached to a structure shall not exceed 20 feet in height and have cutoff angle shields of 70° or more.
E.
Canopy and roof overhang. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.
F.
Outdoor signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign and shall be shielded or directed in such a way that the light illuminates the sign only. Internal illumination of a sign shall be concealed behind opaque, translucent, or other similar types of glass or plastic. Signs may be externally illuminated using incandescent or florescent sources and/or metal halide sources. Such sources not exceeding 150 watts may be used for exterior sign illumination by a special permit.
G.
Security cameras. Facilities which employ security cameras may employ appropriate lighting to ensure proper function during all times when such cameras are in use.
§ 140-32.5 Light trespass.
A.
Light trespass shall be limited to the following:
(1)
In all zoning districts, at the pavement edge of adjoining public roads: a maximum of 0.5 footcandle, except for site access points where a maximum of one footcandle at the pavement edge is permitted.
(2)
Residential districts and where an adjacent property is in a residential district: a maximum of 0.2 footcandle 25 feet beyond the property line or at the dwelling unit, whichever is less.
(3)
Nonresidential districts. Light trespass shall be based upon adjoining uses and light levels to insure that IESNA standards are not exceeded.
§ 140-32.6 Exemptions.
The following types of outdoor lighting are exempt from this regulation unless otherwise specified:
A.
Street lighting installed by the Town, Monroe County Department of Transportation, or the NYS Department of Transportation.
B.
Low-voltage lighting as defined by the National Electric Code (NEC).
C.
Holiday lighting.
D.
Temporary construction and emergency lighting needed by police, emergency or highway crews, provided the light is extinguished upon completion of the work.
E.
Hazard warning lights required by a federal or state regulatory agency, except that all fixtures used must be as close as possible to the federally required minimum output.
F.
Lighting associated with farm or agricultural operations. However, farm or agricultural operations within 100 feet of an adjacent residential dwelling shall be shielded to prevent light trespass onto the adjoining property.
§ 140-32.7 Nonconforming lighting.
All outdoor lighting lawfully existing prior to the effective date of this chapter shall be deemed conforming to this section except that:
A.
No installation of new luminaries (e.g., fixture and bulbs) shall be permitted unless in conformance to this section.
B.
All outdoor lighting that, in the opinion of the Code Enforcement Officer, is causing a glare on adjoining roadways or properties shall be required to submit lighting details to the Code Enforcement Officer showing that the existing lighting meets the requirements of this section or how such lighting will be brought into conformance. Any outdoor lighting fixture, with the exception of incandescent fixtures up to 150-watt intensity per light source, shall be shielded from above in such a manner that:
(1)
The edge of the shield is below the light source.
(2)
Direct rays of the light source are confined to the property boundaries.
(3)
Direct rays are prevented from escaping toward the sky.
C.
For the purpose of these provisions, "light source" includes any refractor, reflector or globe.
D.
To address safety issues and/or complaints a review and report by the New York State Department of Transportation and/or Utilities company study and report or engineering plan or study may be required of all lighting for all sites by the Planning Board as part of site plan review or by the Code Enforcement Officer for enforcement.
§ 140-32.8 Prohibited lighting.
The following types of outdoor lighting shall be prohibited within the Town, unless otherwise specified:
A.
Blinking, flashing, strobe or search lights.
B.
Exposed strip lighting used to illuminate building facades or signs.
C.
Any light that may be confused with or construed as a traffic control device.
D.
Roof-mounted lighting.
E.
Mercury vapor lighting.
§ 140-32.9 Temporary lighting.
A.
Temporary lighting shall be for a period of less than seven days for the following:
(1)
Civic uses.
(2)
Carnival, fair, circus.
B.
Construction or emergency lighting shall be discontinued immediately upon completion of construction work or abatement of the emergency necessitating lighting.
C.
Lighting associated with agricultural operations within an established New York State Agricultural District shall be exempt from these provisions.
§ 140-32.10 Lighting plan submittal requirements.
A.
All development applications subject to the site plan review with outdoor lighting components shall include a lighting plan in accordance with this section.
B.
A lighting plan shall be provided showing conformity with standards contained in this section. Such plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance, and glare control options, if any, for each light source and area. Illuminance may be plotted by using manufacturer's photometric charts or the Planning Board may require ISO footcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section.
C.
Additions or changes to an approved lighting plan shall be considered under site plan review and a public hearing may be held at the option of the Planning Board.
D.
All other uses documentation as required and determined by the Code Enforcement Officer to show conformance with the standards set forth in this section.
§ 140-33.1 Purpose and intent.
A.
Purpose. The purpose of these design guidelines and standards is to describe the desired future development pattern, form, massing, site layout and architectural detailing for nonresidential development within the Town of Clarkson. Given the varied character of the Town, there is a need for clear standards that meet the goals and objectives of the community while still allowing for flexibility and creativity. These standards will provide the necessary regulatory guidance and framework for high-quality development while still allowing flexible design alternatives.
B.
Intent. The application of these design standards and guidelines should seek to achieve the following objectives:
(1)
Create inviting, attractive buildings, sites, open spaces, and streetscapes.
(2)
Require that future private development positively contribute to the public realm and ensure compatibility with surrounding developments so as not to detract from the overall streetscape and character of the area.
(3)
Utilize good site planning techniques that provide visual interest and accommodate multimodal travel such as varying building massing, emphasizing street corners, highlighting points of entry, and integrating site circulation and access between uses.
(4)
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
(5)
Ensure that new development building and site design does not negatively impact adjacent residential uses, respecting their existing scale and character.
§ 140-33.2 Applicability.
The following standards and guidelines shall apply to all nonresidential, multifamily (over four units), and mixed-use development within the Town; excluding industrial development.
§ 140-33.3 Site planning standards.
Site planning standards primarily address the organization of a project's components on the site or parcel that it is located. They are intended to address the location of buildings and site features such as parking lots, open space, and service areas, as well as the organization of circulation patterns for vehicles and pedestrians.
A.
Site layout. The layout of all improvements must be designed to generally follow the existing topography of the site. The layout of roads, walkways and building footprints must be aligned with existing contours where practical, with limited connecting streets or walkways aligned perpendicular to existing slopes.
B.
Sense of entry. Intersections create natural opportunities for gateways, which can be enhanced through a combination of landscaping, welcome/identity signage, framed views, and focal points. Signage and focal points, if included, must be used in ways that complement rather than obstruct or detract from important views.
C.
Views. The Town's rural viewsheds play an especially large role in shaping the character of the community. Existing view corridors should be respected and protected. New construction and landscaping must take into account how views may be affected. Protecting views experienced from points of entry to the Town and along major roadways is important. The Planning Board shall help determine the significance of a view corridor or viewshed as part of site plan review.
D.
Projects with multiple buildings.
(1)
Projects with multiple buildings, such as plazas with out-lot or outparcel development, shall be sited with pedestrian connections between structures, parking areas, and adjacent uses.
(2)
Multiple structures shall be placed in a fashion that creates a well-organized, accessible, and functional site. The Town encourages site layouts that create a unique sense of place and do not result in large parking lots lacking landscaping or pedestrian accommodations.
§ 140-33.4 Architectural standards.
A.
Building form and massing.
(1)
A single, large, dominant building mass shall be avoided.
(2)
No facade shall have a blank, uninterrupted length exceeding 40 feet without including architectural features such as columns, pilasters, piers, or changes in plane, in texture or masonry pattern, storefronts and entry treatments, or equivalent design element that subdivides the wall into visually interesting proportions (see Figure 33.1).
(3)
Buildings situated at street corners should "wrap" the corner by continuing facade design elements on all street elevations (see Figure 33.1).
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B.
Architectural design.
(1)
All structures shall have a visible roofline. Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of articulation to the architectural expression of the building.
(2)
The choice of design elements and their scale, height, proportion, and mass should draw from design cues provided by the rural character of the Town.
(3)
Buildings designed to advertise or promote a uniform corporate image in a manner that may render the building undesirable or unable to reasonably accommodate future uses shall be prohibited.
(4)
All buildings shall exhibit a clearly defined base, mid-section, and crown. This can be accomplished using a combination of architectural details, materials, textures, and colors (see Figure 33.1 above).
C.
Windows.
(1)
Windows shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(2)
Window openings should be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board, vinyl) to provide added definition and interest to the overall facade.
(3)
All primary facades, or those fronting public streets and rights-of-way, shall observe a minimum transparency requirement of 30% in the area between two and eight feet above ground level (see Figure 33.2).
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D.
Doors and entryways.
(1)
Doors and entryways shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(2)
Commercial and mixed-use buildings shall have a transparent primary entryway that will be considered as part of the overall transparency requirement for the building frontage.
(3)
Entryways shall be detailed and identifiable by the general public through the use of decorative trim, moldings, overhangs, and other defining architectural features such that its purpose as the primary entrance is evident from the street. The same treatment is encouraged for all secondary entryways near parking locations.
E.
High quality materials.
(1)
Along street frontages, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finishing wood, stucco (EIFS) and glass.
(2)
Finishes that are intended or designed to reflect light and glare, as well as vertical aluminum or metal siding shall not be permitted.
(3)
No more than three exterior wall materials should be used on any one side of a building.
(4)
Material changes at the outside corners or in a plane should be avoided.
(5)
Concrete finishes or pre-cast concrete panels that are not exposed aggregate, hammered, embossed, imprinted, sandblasted, or covered with a cement-based acrylic coating shall not be used as exterior building materials and shall be prohibited on all exterior walls.
(6)
Standard masonry block walls shall be prohibited on exterior walls containing primary entryways and walls facing a street or drive.
(7)
Decorative masonry materials such as split face and textured finished blocks shall be considered an acceptable alternative to stone, brick, finishing wood, stucco (EIFS) or glass.
F.
Green infrastructure and building design.
(1)
Alternative energy sources, such as rooftop solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
(2)
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing on at least 50% of the roof area. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
§ 140-33.5 Transitions between nonresidential and residential uses.
A.
Applicability. All nonresidential uses and multifamily dwellings shall employ similar building and site design standards to ensure compatibility with adjacent residential development. These requirements shall be in addition to the design standards and guidelines of this article and requirements set forth by this chapter for landscaping, screening, and buffering of uses.
B.
Requirements. To the maximum extent practicable, nonresidential and multifamily development shall incorporate at least two of the following techniques when developed adjacent to an existing residential use:
(1)
Similar building front setback;
(2)
Similar building height;
(3)
Similar roof form; or
(4)
Similar exterior materials.
C.
Waiver of requirements. During site plan review, the Planning Board may waive the requirements of this section if it is determined that the application of such criteria is not necessary to protect the character and quality of life of the neighborhood as well as public health, safety, and welfare.