Geneseo Town City Zoning Code
PART 4
Development Standards
§ 106-40.1 Purpose.
The primary purpose of these sign regulations for the Town of Geneseo is to identify the location or occupant for a parcel of land while protecting public health, safety and general welfare. All signs and signing systems are subject to the regulations that follow in this chapter. These regulations also serve to:
A.
Ensure right to free speech as protected under the Constitution;
B.
Protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community;
C.
Provide businesses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
D.
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
E.
Minimize the adverse effect of signs on nearby public and private property;
F.
Avoid personal injury and property damage from unsafe or confusing signs; and
G.
Establish a clear and impartial process for those seeking to install signs.
§ 106-40.2 Required compliance and permit.
A.
Required conformance. No person shall erect, place, establish, paint, or retain any sign, or cause a sign to be located or retained within the Town of Geneseo unless all provisions of this Sign Code have been met.
B.
Sign permit required. To ensure compliance with the provisions of this Sign Code, a sign permit shall be acquired from the Code Enforcement Officer for each sign unless specifically exempted by this Sign Code.
C.
Sign permit application requirements. The following information shall be provided to the Town Office prior to the review or issuance of a sign permit:
(1)
Name, address, contact information, and signature of the applicant;
(2)
Name, address, and signature of the building owner (if not the applicant);
(3)
Dimensions and drawings indicating the size, shape, construct, materials, and layout of the sign(s); and
(4)
Site plan and elevations indicating the proposed location and size of the sign(s) to scale.
D.
Sign permit required for alteration. A sign initially approved for which a permit has been issued shall not be modified, relocated, altered, or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, relocated, altered, or replaced if any such design element constituted a basis for approval of such sign unless an amended or new sign permit is obtained consistent with these regulations.
E.
Specific situations requiring sign permit. The following specific situations shall require a sign permit:
(1)
Installation of a new sign.
(2)
A change of the face of a sign.
(3)
Moving or enlarging of a sign.
F.
Specific situations not requiring sign permit. The following specific situations shall not require a sign permit:
(1)
The repainting, repairing, changing of parts and preventive maintenance of signs.
(2)
A change in the message on a changeable copy sign.
(3)
Repainting of supports and sign area provided no change in sign message.
G.
Expiration of sign permit. Any sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit.
H.
Lapse of sign permit. A sign permit shall lapse automatically if the zoning permit for the premises lapses, is revoked, or is not renewed. A sign permit shall be reviewed as part of the zoning permit renewal for the premises on which it applies. A sign permit shall also lapse if the activity on the premises for which the sign permit was issued is discontinued for a period of 180 days or more.
§ 106-40.3 Regulations applicable to all signs.
The following regulations are applicable to all signs within the Town of Geneseo unless specifically stated otherwise within this section:
A.
Traffic safety. All signs shall be designed, constructed, and located in accordance with the following criteria:
(1)
No sign shall be erected at or near any intersection of any streets, or alleys, or any railway and any street, in such a manner as to obstruct free and clear vision.
(2)
No sign shall be of a shape or color that may be confused with any authorized traffic control device.
(3)
No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.
B.
Design and construction. All signs shall be designed and constructed in accordance with the following criteria:
(1)
Construction materials. Except for banners, flags, and temporary signs and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent, weather-resistant, and durable materials.
(2)
Sign supports and braces. All permanent signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the Building Code. All sign supports shall be reviewed as part of the sign design.
(3)
Lettering. All sign lettering shall be permanently affixed to the sign. Manual changeable copy signs shall be enclosed and locked.
(4)
Preferred design and materials. Signs located in any mixed-use district shall utilize relief in detail or letting. It is encouraged that signs in other districts also utilize relief in detail or lettering, such as carved wood signs.
C.
Location. All signs shall be located in accordance with the following standards:
(1)
Signs shall not be erected within nor project into any public right-of-way, unless otherwise specified within this chapter. Signs must be located on private property and comply with the dimension and setback requirements contained in the Table of Sign Regulations (§ 106-40.11; Table 40-1).[1]
[1]
Editor's Note: Table 40-1 is included as an attachment to this chapter.
(2)
Off-premises signs are prohibited. All permanent signs shall be located on the site being promoted, identified or advertised. Signs for uses in New York State Agriculture and Markets Agricultural Districts are exempt from this provision.
(3)
No sign shall cover any part of any window unless specifically permitted under this chapter. No sign shall cover any door, or hinder or prevent free ingress to or free egress from any door, window, fire escape, or other required exit way.
(4)
Altering or covering of architectural details is prohibited. No sign shall cover or cause the removal of architectural details to a building facade, including but not limited to arches, sills, moldings, cornices, and transom windows.
(5)
All signs, unless otherwise noted within this article, are to be set back at least five feet from any property line or public right-of-way of the state highway.
D.
Illumination. Any illuminated sign shall be in accordance with the following standards:
(1)
Brightness. Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrians or motorists and shall be shielded so as not to cast an illumination of more than two footcandles on contiguous properties nor more than 0.1 footcandle on residential properties.
(2)
Electric considerations. All light fixtures and wiring shall comply with National Electrical Code. Electrified signs shall bear an approved testing laboratory label and all electrical connections shall be approved by an approved inspection agency. All transformers, wires, and similar items shall be concealed and properly protected from the elements. In the case of freestanding signs, all wiring shall be placed underground.
(3)
Flashing. Intermittent illumination, or illumination which involves movement or causes the illusion of movement resulting from the arrangement of lighting, is prohibited, except as permitted for electronic displays of time and/or temperature.
E.
Maintenance and repair. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, and other acts required for maintenance of such sign. If any sign does not comply with the above maintenance and repair standards, the Code Enforcement Officer shall require its removal.
F.
Protection of property. Signs shall not be posted in any manner destructive to public property. Signs shall also not be attached or otherwise applied to trees, utility poles, transit shelters, benches, trash receptacles, or newsracks.
G.
Obsolete signs. Any sign that no longer advertises or identifies the current or permitted use of the property must be removed within 30 days after written notification from the Code Enforcement Officer.
§ 106-40.4 Measurement.
A.
Sign area.
(1)
Computation of individual sign area. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, and/or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.
(2)
Computation of multifaced sign area. In the case of a multifaced sign only one side of the sign is considered in determining sign area if:
(a)
The message is identical on both sides; and
(b)
The sides of the sign are back-to-back or diverge at an angle of less than 45°.
(3)
Structural support not included in sign area. The supporting structure or bracing of a sign shall not be computed as part of the sign area, unless such supporting structure or bracing is made a part of the sign's message by including a symbol, logo, or other three-dimensional figure. If such is the case, a combination of regular geometric shapes which can encompass the area of said symbol or figure shall be included as part of the total sign area computation.
(4)
Combining individual elements. For a sign comprised of individual letters, figures, or elements mounted on a wall or wall extension, the area of such sign shall be calculated by determining the smallest geometric form or combination of forms that comprise all the display area, including the space between the elements.
B.
Sign height.
(1)
Computation of height of freestanding sign. The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. The elevation of the ground directly beneath the center of the sign shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(2)
Computation of height of building signs. The height of an awning, canopy, projecting, wall, or window sign shall be determined by measuring the vertical distance between the top part of a sign panel or individual letter or character, whichever is highest, to the elevation of the ground underneath such sign.
(3)
Structural support included in sign height. Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.
C.
Frontage.
(1)
Freestanding sign frontage. The term "frontage," as used in calculating freestanding signs, shall refer to the dimension of the lot along the street.
(2)
Wall sign frontage. The term "frontage," as used in calculating wall signs, shall refer to the building wall dimension facing the street or parking lot.
(3)
More than one frontage. If a use or structure contains walls facing more than one street line, the number of signs and sign areas will be computed separately for each side of the building facing a different frontage.
(4)
No direct frontage. For uses or structures having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.
§ 106-40.5 Signs authorized without permit.
The following types of signs may be erected in the Town without obtaining a sign permit. Although permits are not required for these signs, the signs shall conform to the height, setback and size requirements detailed in this chapter:
A.
Banners or pennants. Such signs shall not require a sign permit only if all the following conditions are satisfied:
(1)
There shall be no more than one banner per enterprise at one time;
(2)
It shall be displayed for no more than 30 days;
(3)
It shall not have a total face area in excess of 150 square feet nor a height of more than six feet;
(4)
It shall not extend above the first floor facade of the building or project beyond property lines;
(5)
It shall not be illuminated; and
(6)
It must not be placed in such a manner as to impede pedestrian traffic.
B.
Construction or home improvement signs. No sign permit shall be required for temporary construction or home improvement signs should the following conditions be met:
(1)
A maximum of one sign is installed and located within the limits of the construction site;
(2)
The sign area does not exceed six square feet in residential districts, or 12 square feet in all other districts; and
(3)
The sign shall be displayed for no more than 30 days.
C.
Decorations. Temporary displays of patriotic, religious, charitable, or civic character with no commercial message, including holiday lights and decorations that are erected for customary periods of time. Winter holiday decorations may be displayed from the weekend prior to Thanksgiving until January 10 of the succeeding year.
D.
Directional signs. Signs that provide direction and are located entirely on the property to which they pertain and contain no commercial message shall not require a sign permit, provided they do not exceed four square feet in area. Directional signs include, but are not limited to, signs identifying public rest rooms, public telephones, walkways or signs providing direction, such as parking lot entrance and exit signs, and those of a similar nature. Such directional signs shall be allowed within the street setbacks and side and rear yards in so far as they do not obstruct free and clear vision to traffic.
E.
Drive-through signs. Businesses with drive-through facilities may have one sign not exceeding 12 square feet in area or six feet in height for each drive-through lane, provided such sign is oriented solely for the use of patrons utilizing the drive-through lane and is not intended to be visible from adjacent property or the right-of-way.
F.
Flags. The flags, emblems or insignia of any nation, political subdivision, including those of commercial and noncommercial interest. Flagpoles shall be subject to the height restrictions imposed by each respective zoning district. Commercial flags shall be limited to one per lot.
G.
Gasoline station price signs. Signs not exceeding four square feet advertising the price of gasoline and indicating self-service or full-service, when attached to a gasoline pump or pump service island.
H.
Governmental signs. Any official sign, public notice, or warning sign supported by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: NYS inspection station or authorized repair shop identification). There are no size requirements for governmental signs.
I.
Historical signs. Signs that are in the nature of cornerstones, commemorative tablets, and historical signs, provided that such signs are less than nine square feet and not illuminated.
J.
Home occupation signs. One sign for each legally established home occupation, not to exceed four square feet in area.
K.
House numbers and nameplates. Address and name of occupant of premises for a residential structure, not including designations as to employment or home occupation, are to be limited in size to four square feet per dwelling unit.
L.
Incidental signs. Such signs shall have an aggregate area not to exceed four square feet.
M.
Internal signs. Any sign within a building not legible from the right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as athletic field, where sign is not legible beyond the property lines.
N.
Limited signs. Signs and notices advertising an open house, sale, or event displayed for no more than 30 days. These signs must be placed on the property where the open house, sale, or event is being held.
O.
Noncommercial signs. Any lot shall be allowed up to two signs of any type containing solely noncommercial messages, provided said signs are in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 106-40.11, Table 40-1) for each applicable sign type.[1]
[1]
Editor's Note: Table 40-1 is included as an attachment to this chapter.
P.
Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots are permitted without permit under the following conditions:
(1)
Up to two signs of any type per lot in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 106-40.11, Table 40-1) for each applicable sign type;
(2)
Said signs are not placed more than 30 days in advance of said election or ballot; and
(3)
Said signs are removed upon closing of the applicable election or ballot.
Q.
Portable signs. One nonilluminated, two-sided portable sign not to exceed 32 square feet in size and six feet in height in the following situations:
(1)
New businesses awaiting the erection of a permanent sign, not to exceed a period of 30 days.
(2)
A business that has lost the use of an existing sign by reason of fire or other catastrophe, not to exceed a period of 30 days.
(3)
All portable signs must be placed at least 10 feet from all property lines.
R.
Real estate signs. Up to two signs on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies, is in conformance with the size, height, setback, and illumination regulations set forth within the Table of Sign Regulations (§ 106-40.11, Table 40-1) for each applicable sign type.
S.
Sandwich board signs or A-frame signs. One sandwich board sign is permitted per use. Said sign shall not exceed six square feet in area. Said sign must be removed at the close of each business day. A sandwich board sign shall not require a sign permit if the following conditions are met:
(1)
The sign is not more than three feet in height and three feet in width;
(2)
The sign is not illuminated;
(3)
The sign is displayed only during business hours; and
(4)
The sign is not located within the public right-of-way or on public property and is located on the property on which the business is located.
T.
Works of art. Works of art that do not include a commercial message, logo, or trademark and do not contain any property identification message.
§ 106-40.6 Permitted signs.
The Table of Sign Regulations, located in § 106-40.11,[1] lists the requirements for different types of permitted signs that may be proposed for installation in the Town. The table addresses each type of sign by zoning category, listing whether each sign type is permitted in each zone, the number of signs permitted per site, and the allowable size, height, setbacks, and lighting requirements.
[1]
Editor's Note: Table 40-1 is included as an attachment to this chapter.
§ 106-40.7 Prohibited signs.
The following types of signs are prohibited:
A.
Signs for which no permit was issued or for which a permit has been revoked;
B.
Obsolete signs or signs that are not properly maintained, considered structurally unsound, hazardous or otherwise unsafe;
C.
Signs that contain words or pictures of an obscene or pornographic nature;
D.
Signs that emit audible sounds, odor, or visible matter;
E.
Signs that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle; or bear one of more of the words "stop" "go slow," "caution," "danger," "warning" or other similar words; or hide from view any traffic or street sign, signal or device;
F.
Signs that interfere with official traffic lights or traffic control devices;
G.
Flashing, rotating, revolving signs/lights, except barber poles or holiday decorations, which do not violate C, D, E, or F above;
H.
Signs with unshielded lighting devices or reflectors placed to outline or provide the background of a sign;
I.
Signs that are animated or use full motion or video technology;
J.
Signs that utilize electronic changeable copy;
K.
Signs with mirrors;
L.
Permanent banner, pennant, windblown or inflated signs. These may be permitted as a temporary sign for a total of 30 days;
M.
Portable signs attached to or placed on an unregistered vehicle parked on private property for the primary purpose of being viewed by motorists within the right-of-way;
N.
Pennants not affixed to the face of a building;
O.
Signs placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or over any street or within the public right-of-way unless otherwise permitted;
P.
Signs, banners, or pennants mounted on or extending above the roof of any building or structure;
Q.
Signs painted directly on an exterior wall;
R.
Off-premises signs; and
S.
Freestanding signs supported by a single pole or post with more than 30 inches clearance from the bottom of the sign to the ground below. Commonly referred to as a "pole sign."
§ 106-40.8 Specific provisions by zoning district.
(See the Table of Sign Regulations in § 106-40.11 for sign allowances).
A.
Residential districts.
(1)
All signs in any residential district shall be in conformance with the regulations set forth in Table 40-1[1] for Residential (R) Districts.
[1]
Editor's Note: Table 40-1 is included as an attachment to this chapter.
(2)
Up to two signs may be permitted for each public, quasi-public, nonprofit, church, schools, hospital or other similar uses.
(3)
Uses in the Highway Residential (HR) District may be permitted one freestanding sign as part of the total allotted signage, provided it is no more than 32 square feet in area and six feet in height with a setback of at least 20 feet. Said sign must be landscaped.
(4)
One nonilluminated freestanding sign not exceeding 32 square feet in area and six feet in height shall be permitted at each entrance of an unimproved subdivision for a period of up to one year. If a building permit is not issued within the subdivision for a period of 12 months, or upon completion of the subdivision, such sign must be removed immediately. Such sign may be installed after approval of the Planning Board of the final subdivision plat or when a valid building permit has been issued.
B.
Nonresidential districts.
(1)
All signs in any nonresidential district shall be in conformance with the regulations set forth in Table 40-1 for the district in which the sign shall be erected.
(2)
Two signs per use are permitted for a single business or industry. Where contiguous businesses or industries are located on a single lot, such as, but not limited to, industrial centers, or business parks, each business or industry shall be permitted two signs and the lot may be permitted one additional freestanding sign.
(3)
Where groups of two or more contiguous stores are located together, two signs per use shall be permitted in addition to a single freestanding sign for the mall or plaza, subject to the Table of Sign Regulations.
C.
Mixed-use districts.
(1)
All signs in the Mixed-Use I, Mixed-Use II, Mixed-Use III Districts shall be in conformance with the regulations set forth in Table 40-1 for Mixed Use (MU) Districts.
(2)
The entrance to any major commercial, residential, or industrial subdivision or development site shall be permitted one freestanding sign.
(3)
Each individual use within any commercial or industrial subdivision shall be permitted up to two signs, with no more than one wall sign per use at any given time.
(4)
Signs for individual uses shall compliment the design of the subdivision or development site's freestanding sign so as to portray a cohesive look throughout the development. This may be achieved through the coordinated use of color, lettering, sign structures, or sign types.
§ 106-40.9 Temporary sign regulations.
A.
Temporary signs. Temporary signs on private property shall be allowed upon the issuance of a temporary sign permit unless specifically exempted from such permit within this chapter. All temporary signs shall conform to the following conditions:
(1)
Term. A temporary sign may be placed upon a property or structure for no more than 30 days, with no more than one thirty-day extension.
(2)
Number. Only one temporary sign is permitted for a property or structure at any given time. A maximum of four temporary signs may be displayed during each calendar year.
(3)
Illumination. Interior illumination of temporary signs is prohibited. Signs requiring exterior illumination or electricity shall conform to the regulations of § 106-40.3D of this chapter, and those within the Table of Sign Regulations (§ 106-40.11, Table 40-1).
(4)
Size, height, clearance, and setback requirements. Temporary sign area, height, and setback requirements shall follow the same regulations set forth for any permanent sign of similar type or configuration within the applicable zoning district. See Table of Sign Regulations (§ 106-40.11, Table 40-1).
§ 106-40.10 Nonconforming signs.
A.
Permitted nonconforming signs. Any sign erected prior to the adoption of this chapter that does not conform to the provisions of this article is permitted to remain as a nonconforming sign, provided that the sign:
(1)
Was erected under an approved sign permit prior to the adoption of this chapter; and
(2)
Is not an obsolete sign.
B.
Loss of nonconforming status. A sign characterized as a nonconforming sign shall lose its nonconforming status if:
(1)
The sign is altered in any way in structure or size (except for routine maintenance);
(2)
The sign is relocated; or
(3)
The sign is replaced.
§ 106-40.11 Table of sign regulations.
All signs permitted by the Town shall be subject to the regulations set forth in Table 40-1 below,[1] where "P" indicates permitted and "NP" indicates not permitted. The "maximum number permitted" requirement shall not apply to noncommercial signs, political signs, or real estate signs. See § 106-40.5O, P, and R for number of sign types permitted.
[1]
Editor's Note: Table 40-1 is included as an attachment to this chapter.
§ 106-41.1 Intent.
The intent of the following standards is to:
A.
Ensure that any parking area or facility is designed to provide proper circulation, reduce hazards to pedestrians, and 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;
B.
Reduce congestion on the street network in the Town;
C.
Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of the property;
D.
Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel; and
E.
Encourage safe, well-planned multimodal access to all commercial and residential properties within the Town while minimizing potential vehicular and pedestrian conflicts.
§ 106-41.2 Applicability.
In all districts, at any time a building, structure, or use of land is erected, altered, extended or changed in use or occupancy, there shall be provided for every use off-street parking, loading and access facilities as set forth below as a condition precedent to occupancy of all buildings or land. Off-street parking, loading, and access facilities conforming to the requirements of this article shall be provided as follows:
A.
New or moved buildings and uses. Parking and loading facilities as required shall be provided for all buildings and uses constructed, established or moved to new sites.
B.
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 facilities. Additional parking and loading facilities, as required, shall be provided for any such increases in an existing use.
C.
Change in use. When the use of any building or premises is changed to a different use, parking and loading facilities, as required, shall be provided for the different use.
D.
Existing facilities. Off-street parking and loading facilities in existence on the effective date of this article shall not be reduced below, or if already less than, shall not be further reduced below the requirements for an equivalent new building or use. In no case shall it be necessary to continue parking and loading facilities in excess of those required by this article.
E.
Nonconforming parking and loading facilities. 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 facilities 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.
F.
Vehicle reference. The term "vehicle," as used in this section, shall include, but not be limited to, automobiles, motorcycles, trucks, recreational vehicles, campers and trailers, including recreational and boat trailers.
§ 106-41.3 General requirements.
Off-street parking and loading facilities required by this article shall conform to the following requirements:
A.
Location of spaces. All off-street parking and loading spaces, excluding single-family residential uses, shall be located in accordance with the following:
(1)
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.
(2)
Parking areas should not be located within 50 feet of a residential district.
(3)
Loading areas should not be located within 100 feet of a residential district.
(4)
Parking and loading areas may not be located within 15 feet of the front lot line unless proper screening or decorative fencing is installed to the satisfaction of the Planning Board.
(5)
Off-street parking spaces are encouraged to be located in the rear or side yard where practicable. Said spaces may be located in front of a building, provided that at least 50% of the parking area is landscaped and the areas are not placed in any setbacks. All landscaped areas shall conform to the regulations of Article 42 of this chapter.
(6)
Off-street parking spaces in residential districts may be provided in any yard space except front yard space. However, parking in front yard space may be allowed on a driveway compliant with Table 41-4 of this article,[1] provided that the parking of such vehicle does not obstruct the view of oncoming traffic.
[1]
Editor's Note: See Table 41-4 in § 106-41.6 below.
(7)
Loading docks, bays, and service areas shall be located to the rear of the structure. In cases where this is not feasible, the Planning Board may approve a side loading area if appropriate screening is provided.
(8)
When the rear of a structure abuts a primary street, loading areas shall receive additional screening as the Planning Board determines appropriate.
B.
Areas computed as off-street parking or loading space.
(1)
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 and exit lanes, or driveway. No vehicle shall be parked or stored in any required fire lane.
(2)
For single family, two-family, and mobile homes, no more than 50% of the lot width for lots less than 60 feet in width or 33% for lots equal or greater than 60 feet in width may be used for parking.
(3)
Loading and unloading space as required under § 106-41.8 shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.
C.
Required improvements. Off-street parking and loading facilities required by this article serving three or more residential dwelling units on a single lot, as well as all nonresidential uses, shall conform to the following requirements:
(1)
Landscaping, screening and buffering. All parking and loading facilities shall be properly screened and landscaped in accordance with the requirements set forth in Article 42 of this chapter.
(2)
Marking. All parking and loading facilities shall be clearly marked with a minimum painted strip of four inches in width.
(3)
Drainage. Parking and loading facilities and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff.
(4)
Paving. Parking and loading areas located within any commercial, industrial, or mixed-use district must be appropriately paved and maintained. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and must be permanently marked.
(5)
Wheel stops. Wheel stops shall be provided adjacent to any building, wall, fence, walkway, landscaped area or property line to protect people, property and other vehicles. The wheel stops shall not be placed less than 18 inches in from the front of the parking space.
(6)
Fire lanes. Parking facilities shall be constructed in such a way to accommodate emergency vehicle access as required by the Town Fire Department.
(7)
Americans with Disabilities Act (ADA). All new or upgraded parking areas must meet the requirements of the ADA. Upgrading of a parking lot shall include reconstruction or repaving but not sealing an existing surface.
(8)
Pedestrian walkways. All parking lots that contain more than 20 spaces, including access lanes and driveways, must include clearly identified pedestrian route from the parking area to the main building entrance and to the public sidewalk along the street if present.
D.
Parking spaces for the handicapped. Parking facilities shall comply with the requirements of the New York Uniform Fire Prevention and Building Code. The size and number of handicapped spaces required shall be approved by the Code Enforcement Officer. Each such space may be included in the computation of required number of spaces by use.
E.
Operation and use of parking facilities. Required parking facilities shall be used exclusively for the temporary parking of passenger vehicles or light trucks of patrons, occupants or employees of the structure or use to be served. Required parking facilities shall not be used to satisfy the requirements for loading facilities nor for the sale, display, rental or repair of motor vehicles.
F.
Separation between spaces and dwellings served. All parking spaces in an open parking facility shall be separated from dwelling unit walls on the same lot if the walls contain windows, other than garage windows, that are on the same or approximately the same level as the parking facility. The separation shall be at least 10 feet in width, of which 1/2 shall be landscaped to the satisfaction of the Planning Board.
G.
Landscaping, screening, and buffer regulations. Off-street parking areas shall be screened in accordance with the landscaping, screening and buffer regulations specified in Article 42 of this chapter.
H.
Lighting. All parking and loading areas and their appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated in conformance with the lighting standards in Article 43. Adequate shielding shall be provided by uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
I.
Snow removal. For all off-street parking and loading areas a dedicated area for the placing and storage of snow shall be required. The location and size of snow storage areas shall be approved by the Town Code Enforcement Officer. Said storage area shall be provided independently of off-street parking and loading requirements and shall not impede access to off-street parking or loading spaces.
§ 106-41.4 Joint and shared parking facilities.
A.
Shared access. Shared entrances and exits to parking facilities shall be provided where appropriate and feasible.
B.
Joint parking facilities. The collective provision of off-street parking areas by two or more buildings or uses located on the same lot or adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
C.
Shared parking facilities. Common or shared parking facilities between two principal businesses with differing hours of peak operation shall be required to decrease the amount of impervious surface and increase the amounts of open space where appropriate and feasible. Such facilities shall be in conformance with the following:
(1)
Parking is located within 400 feet of buildings or uses it is intended to serve.
(2)
The applicant demonstrates that the uses have different peak hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.
(3)
A shared parking agreement and/or cross-access easements must be drafted documenting the joint use and must be reflected in a deed, lease, contract, easement or other appropriate legal document tying said agreement or easement to the property or properties in question.
(4)
A maintenance agreement is drafted documenting the responsibility of each user and/or property owner in the maintenance and upkeep of said shared parking and access facilities.
§ 106-41.5 Parking facility design standards.
A.
Aisle widths. Aisle widths shall follow the minimum dimensions of Table 41-1 below:
Table 41-1: Minimum Aisle Widths | ||
|---|---|---|
Minimum Aisle Width (feet) | ||
Angle of Parking | Two-way Traffic | One-way Traffic |
Ninety-degree parking | 24 | 22 |
Sixty-degree parking | 23 | 18 |
Forty-five degree parking | 21 | 13 |
Parallel parking | 19 | 13 |
B.
Size of parking spaces. The size of the parking spaces shall follow the minimum dimensions of Table 41-2 below, and each space shall be separated by four inches from an adjoining space.
Table 41-2: Minimum size of Parking Spaces | ||
|---|---|---|
Angle of Parking | Minimum Width (feet) | Minimum Length (feet) |
Ninety-degree parking | 9 | 18 |
Sixty-degree parking | 10 | 20 |
Forty-five degree parking | 10 | 20 |
Parallel parking | 8 | 22 |
§ 106-41.6 Access management.
The purpose of this section is to assure proper and well-planned access roads and driveways that provide safe travelling conditions for both vehicles and pedestrians to surrounding businesses and residential neighborhoods. It is the intent of the Town of Geneseo to make sure that safe access can be made to all commercial and residential properties while minimizing potential traffic and pedestrian conflicts.
A.
Access road development shall apply to all districts with adjoining property boundaries where points of ingress or egress are separated by a distance of less than 500 feet and shall conform to the following standards:
(1)
Shared access agreements or cross-access easements will be required of the first developer and/or owner of a site, and shall be established in perpetuity to adjoining properties as a contingency of site plan approval.
(2)
All direct access driveways to public highways shall be minimized and meet or exceed the minimum spacing requirements, excluding single-family residences, listed in Table 41-3 below. Minimum driveway spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway.
Table 41-3: Minimum Driveway Spacing | ||
|---|---|---|
Speed Limit | Arterial (feet) | Collector and Local (feet) |
35 mph or less | 245 | 125 |
36 to 45 mph | 440 | 245 |
Greater than 45 mph | 660 | 440 |
(3)
Each site shall have an access driveway into the parking area that complies with the dimensions of Table 41-4 below:
Table 41-4: Access Driveway Dimensions by Use | ||
|---|---|---|
Use | Minimum Width (feet) | Maximum Width (feet) |
Single-family | 10 | 30 |
Multifamily | 16 (combined drive) | 30 |
All other uses | 12 (one-way) 20 (two-way) | 40 |
(4)
All parking spaces, except those required for single- or two-family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.
(5)
No driveway providing access to an off-street parking area shall be located closer than 150 feet to the intersection of public streets.
§ 106-41.7 Minimum parking space requirements.
A.
The minimum number of parking spaces for all uses and structures shall be provided in accordance with Table 41-5.
Table 41-5: Minimum Parking Space Requirements by Use | ||
|---|---|---|
Use Classification | Minimum Parking Requirement | |
A. Residential | ||
Single-family dwelling | 2 per dwelling unit | |
Two-family dwelling | 2 per dwelling unit | |
Multifamily dwelling, studio-1 bedroom | 1.5 per dwelling unit | |
Multifamily dwelling, 2-3 bedroom units | 2 per dwelling unit | |
Senior housing | 1 per dwelling unit | |
Boarding houses | 0.5 per rooming unit | |
Mobile home parks | 2 per mobile home unit | |
B. Government/cultural/educational | ||
School, elementary and intermediate | 1 per employee, plus 2 per classroom | |
School, secondary | 1 per 15 students1, plus 1 per employee , plus 2 per classroom | |
School, college/occupational/skill training | 1 per employee, plus 1 per 5 classroom seats | |
Place of worship | 1 per 3.5 seats | |
Community center | 5 per 1,000 square feet | |
Library | 2 per 1,000 square feet | |
Auditorium | 1 per 3.5 seats | |
Private club | 5 per 1,000 square feet | |
Recreational: | ||
Bowling alley | 2 per lane | |
Skating rink | 1 per 5 persons1 | |
Swimming pool | 1 per 4 persons1 | |
Tennis club | 3 per court | |
Day care or nursery | 1 per 6 enrolled, plus 1 per employee | |
Hospital | 1 per 2 beds, plus 1 per employee | |
Medical clinic, medical office | 5 per 1,000 sf | |
Nursing home | 1 per 4 beds , plus 1 per employee | |
C. Commercial/retail | ||
General retail | 3 per 1,000 sf | |
Food store | 3 per 1,000 sf | |
Convenience store | 3 per 1,000 sf | |
Home occupations | Max of 2 spaces in addition to residential requirement | |
D. Service | ||
Bank | 2 per 1,000 sf | |
Drinking Establishment/tavern/nightclub | 3 per 1,000 sf | |
Bed & breakfast | 2 spaces, plus 1 per guest bedroom | |
Barbershop/beauty salon | 1.5 per chair | |
Dry cleaning/laundromat | 2 per 1,000 sf | |
Hotel/motel | 1 per room, plus 1 per employee2 | |
Funeral homes | 10 per 1,000 sf | |
Office, professional or business | 3 per 1,000 sf | |
Restaurant, carry-out | 2 per 1,000 sf | |
Restaurant, drive-through | 1 per employee2, plus 4 per 1,000 sf | |
Restaurant, sit-down | 5 per 1,000 sf | |
Winery | 1 per employee2, plus 5 per 1,000 sf of retail or tasting space | |
E. Vehicle related | ||
Vehicle repair/service or gas station | 2 per bay | |
Vehicle sales | 2 per employee | |
Vehicle rental | 1 per 1,000 sf of floor area | |
Car wash | 1 per employee | |
Marina | .75 per boat slip | |
F. Industrial/manufacturing | ||
All uses | 1 per employee2 | |
NOTES: | |
|---|---|
1 | Based on capacity. |
2 | At maximum shift. |
B.
Bicycle parking shall be provided in all mixed-use districts at 10% of the motorized vehicle parking requirements but not less than two bicycle spaces and not more than 10 bicycle spaces for any use.
C.
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.
D.
The Planning Board may reduce the number of off-street parking spaces required if the applicant can make permanent arrangements for space sharing with other residential or nonresidential uses or can otherwise prove that the parking standards are excessive for the particular use proposed.
E.
The maximum number of parking spaces allowable is not to exceed 125% of the requirement as outlined in Table 41-5 of this article, unless otherwise approved by the Planning Board.
F.
Where no requirement is designated and the use is not comparable to any of the listed uses, parking requirements shall be determined by the Planning Board based upon the capacity of the facility and its associated uses through site plan review. The Planning Board may consult with any other board, commission, department, agency, and/or official it deems advisable. The Planning Board 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 Town for such professional services.
G.
The Planning Board may require off-street parking spaces in addition to those required by this article in order to protect the health, safety, and general welfare of the public.
§ 106-41.8 Loading space requirements.
Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in order to avoid undue interference with the public use of streets or alleys.
A.
Access. Access to a loading space shall be provided directly from a public street or alley or from any right-of-way in such a way that it will not interfere with public convenience and will permit orderly and safe movement of delivery vehicles.
B.
Maneuvering. Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, and complete the loading and unloading operations without obstructing or interfering with any public right-of-way.
C.
Shared loading facilities. Off-street loading facilities for separate uses within the same building may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that the use complies with all regulations governing the location of spaces in relation to the use served are adhered to.
D.
Minimum number and space dimensions. The required number and space dimensions of loading space shall be determined by the gross floor area of the use that it will serve as listed in Table 41-6 below:
Table 41-6: Minimum Number and Space Dimensions of Loading Spaces | ||||
|---|---|---|---|---|
Gross Floor Area (square feet) | Number | Width (feet) | Length (feet) | Height (feet) |
Less than 4,000 | 0 | — | — | — |
4,000 to 15,000 | 1 | 12 | 25 | 14 |
15,000 to 30,000 | 1 | 14 | 50 | 15 |
30,000 or greater | 2 | 12 | 25 | 14 |
Each additional 50,000 or fraction thereof | 1 | 14 | 50 | 15 |
(1)
For buildings over 100,000 square feet, the number of loading spaces may be limited by the Planning Board to four loading spaces of appropriate size if the applicant can establish that the number and size of loading spaces provided is sufficient to support the proposed operations.
§ 106-42.1 Intent.
The following standards are intended to assure an adequate 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:
A.
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 vegetation and to replace removed or plan new vegetation indigenous to the region.
B.
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
C.
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
D.
Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.
E.
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
F.
Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Town residents and visitors.
G.
Encourage the application of green infrastructure to landscaping, screening, and buffering elements for the natural management of stormwater and runoff (e.g., bioswales, bioretention cells, permeable pavement, green roofs, etc.).
§ 106-42.2 General requirements.
A.
Site plan review. Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with § 106-42.4 of this article. This shall include, but not be limited to, commercial, retail, industrial, multifamily residential, subdivisions, and institutional uses.
B.
Existing site features. Existing unique, cultural, or natural site features, such as stone walls, 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.
C.
Existing trees. Existing healthy trees with a minimum twelve-inch caliper should be identified on development plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.
D.
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 temporary certificate of occupancy.
E.
Pedestrian access. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.
F.
Compliance. Where existing conditions make compliance with these regulations not feasible, the Planning Board, at its discretion, may modify the requirements, provided they comply with the intent of these regulations to the maximum extent practicable.
G.
Appropriate plant species. All plant materials must conform to the most current edition of the American Nursery and Landscape Association's American Standard for Nursery Stock (ANSI Z60.1 - 2004). Applicants are required to design and install landscaping that shall be tolerant of typical environmental conditions of this region (USDA Hardiness Zones 5 and 6). Proper trees shall be chosen where any height restrictions (i.e., power lines) exist to minimize conflicts and improper pruning techniques. Species appropriate for the Town should be determined by a registered landscape architect, landscape consultant, or other professional.
H.
Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 42-1 below at the time of installation.
Table 42-1: Minimum Plant Size in Buffer | ||
|---|---|---|
Plant Material | Side or Rear Yards | All Other Landscaped Areas |
Trees | ||
Deciduous | 1 1/2 inch caliper | 2 1/2 inch caliper |
Evergreen | 4 feet (height) | 5 feet (height) |
Shrubs | ||
Deciduous | 15 inches (height) | 24 inches (height) |
Evergreen | 12 inches (height) | 18 inches (height) |
§ 106-42.3 Landscaping standards.
All nonresidential uses and multifamily uses must comply with the following landscape standards where applicable:
A.
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.
(1)
The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood.
(2)
A landscaped area of at least 30 feet in depth shall be provided in the front setback area of any lot bordering a primary roadway (Route 20A or Lima Road) within a mixed-use district.
(3)
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.
(4)
The linear feet guidelines below 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.
(a)
At least one tree for each 40 linear feet of the perimeter of the lot; and
(b)
At least one shrub for each 10 linear feet of the perimeter of the lot.
B.
Street trees. All streets and roads within the Town shall be lined with trees unless visibility by traffic would be obstructed.
(1)
Trees should be placed between the sidewalk and curb to form a protective row that makes pedestrians feel safely separated from traffic. Trees should be spaced no more than 50 feet apart in areas with slow speed limits, and no more than 100 feet apart in higher speed situations. A minimum of two trees should be provided on all lots. The Planning Board shall approve the exact number of trees, their location and spacing during site plan review.
(2)
Residential street trees should be placed close to the road and to each other to create a park-like canopy or consistent with existing tree spacing on neighborhood lots when present.
(3)
Street trees should be hardy, deciduous varieties that are salt and drought resistant, free of droppings that mar sidewalks and cars, and tall enough to frame the street and placed in locations that do not block the view of storefronts.
(4)
N[1]
[1]
Editor's Note: So in original.
C.
Building foundations. Building foundations shall be mulched and 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 and along other facades where principal entrances are present or are visible from the public right-of-way, as required by the Planning Board. 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 10 or more spaces, per Article 41 (Off-Street Parking and Loading), shall be internally landscaped, so as to provide shade and screening, and facilitate the safe and efficient movement of traffic. The area designated as required setbacks shall not be included as part of the required landscaping. Plantings shall be spaced and grouped consistent with accepted nursery standards, and shall not be located in a manner that impedes driver visibility. Specific requirements are as follows:
(1)
A landscaped buffer at least 10 feet in width must be provided between a parking lot and the public rights-of-way;
(2)
A minimum of one landscaped island shall be provided for every 10 parking spaces contained within each single row of parking. Islands shall be planted with trees, shrubs, and ground cover to the satisfaction of the Planning Board with a minimum of one tree per 10 parking spaces unless otherwise approved by the Planning Board;
(3)
End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided such configurations contain more than five spaces in a single row and 10 spaces in a double row. End islands shall completely separate the parking spaces from the drive aisle;
(4)
Landscaped parking lot medians, a minimum of 10 feet in width, shall be used to completely separate driveway entrance aisles from parking areas;
(5)
All landscaped areas shall be no less than eight feet in average width; and
(6)
Plantings shall present a clear view of any driving lane within 15 feet.
E.
Screening and buffering 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.
(3)
If there is insufficient space to accommodate a ten-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 high.
(4)
Screening and buffering planting of coniferous and/or deciduous trees, shrubs, ground cover, and fencing (where desired) will be required along side and rear property boundaries of adjacent, noncompatible uses or established residential areas. This shall include, but not be limited to, the following situations:
(a)
Multifamily dwellings abutting single-family or two-family dwellings.
(b)
Commercial, industrial, and institutional uses abutting residential uses.
(c)
Manufactured home communities abutting a public right-of-way or residential use.
(d)
New residential development adjacent to active farm operations or vacant, open fields that contain prime agricultural soils.
(e)
Outdoor storage areas as specified in § 106-30.19 of this chapter.
(5)
Loading and service areas shall also be buffered from adjacent noncompatible uses, established residential areas, and street rights-of-way.
F.
Stormwater facilities.
(1)
Stormwater facilities and detention ponds may be considered as contributing landscaping elements to meet the requirements of this article.
(2)
Stormwater facilities shall be integrated into the overall site design, or where existing, a larger regional retention and management system. The use of earthen basins should be kept to a minimum to achieve required regulatory standards.
(3)
Stormwater detention or retention facilities are not permitted in front yards unless they provide positive and attractive design elements to the project, at which point the location of these facilities in front yards is left to the discretion of the Planning Board. Where the lay of the land or other physical constraints makes the placement of such facilities elsewhere infeasible, the Planning Board may also approve placement in front or side yards subject to enhanced landscaping provisions.
(4)
The siting, construction, and management of all stormwater facilities in front yards should provide a positive and attractive design element. This can be achieved with the provision of enhanced landscaping, fountains, or other water features and a pleasing aesthetic. These facilities should appear to exist in a natural setting with the overt use of riprap and stone fill kept to a minimum.
(5)
The provision of fencing around stormwater facilities shall not be allowed unless such fencing provides a positive design element as determined by the Planning Board. Chain link fencing around stormwater facilities shall not be allowed unless otherwise approved by the Planning Board.
(6)
The subterranean storage of stormwater runoff is encouraged where practicable. Applicants shall follow all appropriate testing measures and obtain all applicable permits prior to construction of such measures.
(7)
Applicants shall ensure that measures taken in consideration of these design standards is in conformance and coordination with the development of a stormwater pollution prevention plan according to state environmental regulations.
§ 106-42.4 Landscaping plan.
A.
A required landscaping plan must be prepared by a licensed landscape architect, landscape designer, arborist, or other professional unless otherwise waived by the Planning Board. All landscaping plans shall contain the following information:
(1)
A title 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 with Planning Board approval.
§ 106-42.5 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.
§ 106-42.6 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, refuse storage, service areas, and mechanicals shall be placed in the rear yard unless otherwise approved by the Planning Board;
B.
In instances where neighboring uses are compatible and rear lots are connected, refuse areas shall be combined;
C.
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 at least equal to the height of the containers or mechanicals; and
D.
All dumpsters within a mixed-use district shall be located within a screened enclosure with no less than three sides constructed of the same or similar materials found in the principal structure. Where possible, gate access to the enclosure should be located out of direct view from parking areas and principal building entrances, and efforts should be made to maintain the gates in a closed position other than times of refuse pickup or delivery.
§ 106-43.1 Intent.
The purpose of this article is to establish regulations to allow for outdoor illumination levels which are appropriate for the use, while promoting safety and security, and minimizing the undesirable side effects of excessive illumination such as glare, light trespass, and light pollution. Over time, it is the intent that this article will allow for reasonably uniform illumination levels in the community.
§ 106-43.2 Applicability.
This regulation shall apply to all new outdoor lighting fixtures, the expansion and alteration of existing fixtures, as well as the replacement of lighting fixtures except any routine repair or maintenance.
§ 106-43.3 Approvals required.
For uses which require a site plan review, the Planning Board may require a lighting 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.
§ 106-43.4 General requirements.
A.
Light trespass. All outdoor lighting shall be shielded or otherwise contained so as not to exceed 0.2 footcandle from the property line on which the light originates.
B.
IESNA criteria. 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.
Hours of operation. All 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.
§ 106-43.5 Specific requirements.
A.
Lighting fixtures. All light fixtures are subject to the following standards:
(1)
All exterior lighting fixtures shall be compliant with the International Dark-Sky Association's Simple Guidelines for Small Communities, Urban Neighborhoods, and Subdivisions.
(2)
Lighting along public and private rights-of-way and along sidewalk and pedestrian zones shall be designed such that poles, fixtures, ornamentation, and materials are of a pedestrian scale and height, and provide for enhanced pedestrian experience and safety.
(3)
Lighting along sidewalks and pedestrian zones should be distinctive and human-scaled. Said lighting fixtures shall measure at a minimum of 10 feet, but no more than 15 feet.
(4)
Lighting fixtures within parking areas should not exceed 20 feet in height.
(5)
Lighting fixtures should be compatible with architectural style and other features of adjacent or nearby buildings when deemed appropriate by the Planning Board.
(6)
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 off-site light spillage.
C.
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.
D.
Bottom-mounted or up-lighting. To minimize unnecessary lighting, up-lighting shall be allowed for flagpoles that display federal, state, and/or local government flags only, unless noted otherwise within this chapter (See Article 40, Sign Regulations). Illumination shall be directed solely onto the object for which it is intended.
E.
Security cameras. Facilities that utilize security cameras may employ appropriate lighting to ensure proper function during times when such cameras are in use.
§ 106-43.6 Exemptions.
The following types of outdoor lighting are exempt from this regulation unless otherwise specified:
A.
Streetlighting installed by the Town, Livingston County Highway Department, 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.
§ 106-43.7 Prohibited lighting.
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.
§ 106-44.1 Applicability.
The following standards and guidelines shall apply to the Mixed-Use Districts, Low Intensity Office District, and General Commercial District of the Town's Zoning Code and Map. For the purposes of this article, the following terminology shall apply:
A.
Primary street. The term "primary street" shall refer to Route 20A, Lima Road, and Volunteer Road.
B.
Fronting and frontage. The terms "fronting" and "frontage" shall be synonymous and shall refer to a building having a facade that is parallel to the street or drive in question.
§ 106-44.2 Purpose and intent.
A.
The purpose of these design guidelines and standards is to describe the desired future development pattern, form, massing, site layout and architectural detailing for these districts along the Route 20A Corridor. The Town recognizes the importance of the Route 20A Corridor as an important gateway to the Village of Geneseo and as a retail and service destination with regional significance. It is important for this part of the Town to have established design standards that guide development and ensure safe and efficient circulation. Given its transitional nature, 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.
The Town reserves the right to seek the services of engineers, planners, architects, or other professional to aid in the consideration of all development design. The applicant shall reimburse all costs incurred for such professional services to the Town.
§ 106-44.3 Objectives.
The purpose of these design guidelines and standards is to preserve and promote the unique character of the Town by ensuring future development is consistent with the following objectives:
A.
Create lively, pedestrian-friendly, and attractive buildings, sites, open spaces, and streetscapes where residents and visitors will enjoy walking, biking, and driving.
B.
Encourage the development of retail, offices, restaurants, and other permitted uses in close proximity of each other creating dynamic activity centers for the benefit of residents and visitors alike.
C.
Develop office and industrial parks to resemble a campus-like environment that incorporates open space and pedestrian amenities where appropriate.
D.
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.
E.
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.
F.
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
G.
Ensure that new development building and site design does not negatively impact adjacent residential uses, respecting their existing scale and character.
§ 106-44.4 Site planning standards.
Site planning standards primarily address the organization of a project's components. 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.
Projects with multiple buildings (see Figures 1 and 2 in § 106-44.7 of this chapter for conceptual examples).
(1)
Projects with multiple buildings 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.
(3)
Projects with multiple structures are encouraged to attend a sketch plan meeting with the Planning Board as described in Article 52 (Site Plan Review).
B.
Parking location, massing, and orientation.
(1)
Location of parking facilities.
(a)
Vehicular parking and standing facilities shall be located in the rear of structures whenever possible but may be allowed in the side yard if screened appropriately. Exceptions may be made, at the discretion of the Planning Board, to allow for a single row of angled parking spaces on the Volunteer Road side of the property, known as "convenience parking" (see Figures 4 and 5 in § 106-44.7 of this chapter), provided appropriate screening is used and the principal structure in compliance with the all setback requirements.
(b)
For sites proposed with multiple structures the use of central courtyard parking is encouraged (see Figure 2 in § 106-44.7 of this chapter).
(c)
The linear distance at the front lot line parallel to primary streets of individual lots shall not be composed of more than 30% parking lot as a percentage of total distance along Route 20A, Lima Road, or Volunteer Road, including convenience parking. See Figure 3 in § 106-44.7 of this chapter for more information.
(2)
Massing of parking facilities (see Figure 6 in § 106-44.7 of this chapter).
(a)
Parking lots shall be arranged such that long uninterrupted views across large areas of parking are not visible from the primary road. To achieve this, parking lots shall be designed in "rooms" containing no more than 180 vehicles each.
(b)
Multiple rooms shall be broke up by vegetated medians that preclude an uninterrupted view from room to room. Pedestrian accommodations within the vegetative medians are required. See numbers 3 and 7 in Figure 6 in § 106-44.7 of this chapter.
(3)
Orientation of parking facilities.
(a)
Parking facilities shall be oriented such that drive aisles traverse perpendicular to the adjacent plane of the building, where applicable.
(b)
Parking lots shall be designed and oriented to allow for cross lot access and internal access management whenever possible.
(4)
Curbing and bump stops.
(a)
Whenever appropriate, as determined by the Planning Board, parking areas shall be bounded by concrete or granite curbing to delineate vehicular and pedestrian zones and to control drainage, as needed.
(b)
Pedestrian walks, landscaped islands and medians, and building foundations shall be separated from parking facilities by raised concrete or granite curbing.
(c)
Asphalt or wood curbing is not permitted.
C.
Landscaping and buffering. All landscaping, screening, and buffering shall comply with Article 42 of this chapter, as well as the following additional regulations:
(1)
Site landscaping.
(a)
Site landscaping shall be required at the location of all entrances, exits, and signage.
(b)
Planting shall be limited to species endemic, indigenous, and hardy; those known to be noninvasive to this area and deer-resistant. Figure 7 in § 106-44.7 of this chapter contains an exemplary list of plants that meet these criteria. Significant deviations from these criteria must be supported by ample evidence by the applicant.
(2)
Foundation landscaping.
(a)
Foundation plantings shall consist of woody and/or herbaceous, deciduous, and/or coniferous shrubs, trees, and groundcovers, and shall not be limited to annual/perennial-type plant materials.
(b)
In instances where outdoor seating is desired in the frontage of the lot, foundation landscaping may be waived by the Planning Board, or can be used to create a seating courtyard area.
(3)
Screening and buffering. Parking facilities located along the front setback shall be buffered and/or screened from view using landscaping, attractive fencing consisting of natural materials that does not exceed four feet in height, or a combination of landscaping and fencing. In no instance will coniferous trees be approved as a frontage buffer material.
(4)
Parking lot landscaping (see Figures 6 and 8 in § 106-44.7 of this chapter for example imagery).
(a)
Parking lot medians shall be required between parking "rooms" (maximum 180 cars, see Figure 6 in § 106-44.7 of this chapter). Medians shall be a minimum of 10 feet in width, and shall be planted to provide visual buffering between rooms to a density and arrangement deemed appropriate by the Planning Board.
(b)
Circulatory drive aisles and curbed end medians shall be installed such that no more than 20 parking stalls in a single row, or 40 in a double row, shall go uninterrupted.
(c)
A minimum of 2% of the total parking facility area shall be required open space in addition to requirement for parking lot islands and medians.
D.
Internal sidewalk, pedestrian, bicycle, and vehicular circulation (see Figures 1, 2, and 6 in § 106-44.7 of this chapter).
(1)
Internal sidewalks.
(a)
Sidewalks shall be constructed along the entire frontage length at a minimum width of five feet or consistent with adjacent sidewalk widths, or wider at the discretion of the Planning Board based on anticipated pedestrian volumes.
(b)
Sidewalks shall be constructed to provide access from principal building entrances to the sidewalk system (see Figure 9 in § 106-44.7 of this chapter).
(c)
Curbed sidewalks shall be located along the building frontage to provide separation between pedestrians and vehicles.
(d)
Where possible, sidewalks shall traverse parking lot medians and islands to permit safe and efficient pedestrian travel from parked vehicles to building entrances.
(2)
Pedestrian circulation.
(a)
Pedestrian circulation patterns shall be shielded and separated from vehicular patterns where possible.
(b)
Designated crosswalks shall be located between primary building entrances and exits as well as parking facilities.
(c)
Safe, convenient, and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development.
(3)
Bicycle circulation and accommodations.
(a)
Bicycle circulation patterns shall be shielded and separated from vehicular patterns where possible with the use of shoulders and/or bicycle lanes.
(b)
Designated bicycle parking facilities shall be provided at building entrances. Additional bicycle accommodations, such as bicycle lockers or shared bicycle services, are encouraged.
(c)
Safe, convenient, and efficient bicycle circulation patterns shall be provided between structures in a multiple structure development.
(4)
Vehicular circulation.
(a)
Vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians.
(b)
Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian friendliness, efficiency, and convenience.
E.
Public transit stops and access.
(1)
Public transit stops shall be constructed to the standards set forth by the Livingston Area Transportation Service, on an easement provided to the Town of Geneseo, with siting and design requiring approval by the Planning Board.
(2)
Transit stops that are integrated into the development as a feature of a primary structure or as part of an open space feature are encouraged by the Town.
(3)
In all instances, transit stops shall be accessible and integrated into the pedestrian circulation system, and must include uninterrupted sidewalk and crosswalk access to principal building entrances.
(4)
Adequate space for an immediate or eventual transit stop must be allocated during the site plan review process if the principal building entrance is greater than 800 feet from an existing transit stop. Actual provision of such transit stop shall be coordinated with the Livingston Area Transportation Service.
(5)
See Figure 10 in§ 106-44.7 of this chapter for examples of bus stops.
§ 106-44.5 Streetscape standards.
The streetscape standards are intended to improve connectivity and character of the designated district areas to which these standards are applied. A community's streets are its largest and most continuous system of public spaces, and it is especially important to acknowledge their significance in the retention or development of high quality neighborhoods and districts.
A.
Street-level transparency.
(1)
For buildings fronting on Volunteer Road, the primary building entrance shall be on Volunteer Road, or at the discretion of the Planning Board, at the side or rear of the structure depending on the site layout (see Figures 1 and 9). Buildings fronting on roads other than primary streets shall have the principal entrance located on the secondary street or drive servicing such building. Regardless of where the entrance is built, building facades and yards facing primary streets shall always be considered front facades and yards, and shall be treated accordingly.
(2)
Windows and doors shall be provided on all building facades fronting on streets or drives to improve the streetscape aesthetic and provide an increased level of transparency into the structure. No facade facing a primary street shall be a blank wall without windows and/or doors.
(3)
Clear glass shall be permitted. In no instance shall glass inhibit views into the first floor. Flexibility shall be provided at the discretion of the Planning Board for non-retail uses.
B.
Front yards.
(1)
In no instance shall vegetation, walls, fences, or other structures or design elements be placed in yards as to prohibit views into the transparent portions of a facade of principal structures placed along a public right-of-way.
(2)
Sidewalks along all streets shall be required to provide for the health, safety, and general welfare of Town residents and visitors.
§ 106-44.6 Architectural standards.
Architectural standards are intended to address the exterior elements of buildings and components that define the look of a building, such as roofs, windows, articulation and details. Standards for architectural elements will encourage new development to define a unique district identity while allowing for flexibility of expression at the individual building level. New development or renovations, including those incorporating contemporary styles, should complement the valued historic character that has been established within the Town and Village of Geneseo.
A.
Building form and massing.
(1)
Building width. In instances where the front facade is greater than 50 feet in width, appropriate delineations and treatments shall be used to break up the appearance of a single facade.
(2)
Facade articulation (see Figures 12 and 13 in § 106-44.7 of this chapter).
(a)
Structures with walls of more than 1,500 square feet shall incorporate fasciae, canopies, arcades, building setbacks of four feet or more or other design features to break up large wall surfaces on the street-facing elevations (see Figures 12, 13, and 14 in § 106-44.7 of this chapter).
(b)
Wall surfaces shall be visually divided by such features into areas of 750 square feet or less.
(c)
Structures shall not have any wall surface longer than 50 feet without a break, which entails a recess or offset measuring at least four feet in depth that vary the depth of the building wall.
(d)
Not less than 25% of the building wall shall be varied in this way. The objective of this standard is to avoid large, undifferentiated wall surfaces. Acceptable substitutes may be granted at the discretion of the Planning Board.
(3)
Active building elevations (see also streetscape, § 106-44.5). New retail construction with frontage on public streets shall provide areas of transparency equal to or greater than 70% of the wall area between the height of three feet and 10 feet from the ground.
B.
Architectural details.
(1)
Foundation watertable. Where appropriate, elements that add detail and define the foundation of the building are encouraged.
(2)
Roofs, cornices, eaves, overhangs, and parapets.
(a)
Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of fenestration and articulation to the architectural expression of the building.
(b)
The choice of design elements and their scale, height, proportion, and mass should draw from design cues provided by the historical character of the Town and Village.
(c)
Modern interpretation and variation is not precluded, yet shall be subject to the discretion of the Planning Board.
(d)
To the maximum extent practicable, all roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point that is five feet above grade.
(3)
Windows (see Figures 11, 12, and 13 in § 106-44.7 of this chapter).
(a)
Windows shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(b)
Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board, vinyl) to provide added definition and interest to the overall facade.
(4)
Doors and entryways (see Figure 14 in § 106-44.7 of this chapter).
(a)
Doors and entryways shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(b)
Commercial buildings shall have a transparent primary entryway that will be considered as part of the overall transparency requirement for the building frontage.
(c)
Entryways shall be detailed and announced to 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.
(5)
High quality materials (see Figure 14 in § 106-44.7 of this chapter).
(a)
Along street frontages, all exterior building walls and structures shall be constructed with durable materials, including masonry, stone, brick, finishing wood, stucco (EIFS) and glass.
(b)
Vertical aluminum or metal siding shall not be permitted.
(c)
No more than three exterior wall materials shall be used on any one side of a building.
(d)
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
(e)
Concrete finishes or pre-cast concrete panels that are not exposed aggregate, hammered, embosses, 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.
(f)
Standard masonry block walls shall be prohibited on exterior walls containing primary entryways and walls facing a street or drive.
(g)
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.
(6)
Green infrastructure and building design.
(a)
Alternative energy sources, such as 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.
(b)
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. The Planning Board may approve an increase in the share of lot coverage for developments that incorporate green roofing materials to their satisfaction.
§ 106-44.7 Listing of figures.
The following is a comprehensive listing of all the illustrative figures referenced within this article.
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§ 106-45.1 Future street setbacks.
After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening (ultimate right-of-way) is established, buildings shall be set back from such street line as though it were a street property line.
§ 106-45.2 Front setback encroachments.
The front setback shall be unobstructed except as provided in this section:
A.
Uncovered landings shall be permitted, provided that they do not extend a distance greater than five feet into the front setback.
B.
An awning or movable canopy on a residential building shall not project more than 10 feet. On a commercial or industrial building, the marquee or awning may project to the street line, provided that there is a clear height under the permitted encroachment of 10 feet.
C.
Fire escapes, uncovered stairs and landings, canopies, eaves or other architectural features not required for structural support may project into the front yard not more than a total of three feet.
D.
Porches and patios may project up to 15 feet into the front yard as measured from the point in which the porch or patio crosses the front setback line.
E.
Expansions shall not encroach into the front setback further than the existing building. Said expansions shall also conform to all other applicable bulk requirements.
F.
Handicap ramps are encouraged to be placed in the side or rear yard, and shall maintain an eight-foot setback from the respective street or property line.
§ 106-45.3 Side and rear setback encroachment.
The required side and rear setbacks of each district, as designated by the lot, area, and yard requirements under Part 2 of this chapter, shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
A.
Fire escapes, uncovered stairs and landings, canopies, eaves or other architectural features not required for structural support may project into the side or rear yard not more than a total of three feet.
B.
Porches and patios may project into the required rear yard up to 12 feet.
C.
Porches and patios may be located in the required side and rear yards not closer than 10 feet to any adjacent property line.
§ 106-45.4 Accessory building height and yard requirements.
A.
Nonresidential accessory buildings shall be located to the side or rear of the principal building.
B.
Accessory buildings shall comply with the setback requirements of the zoning district in which the property is located.
§ 106-45.5 Height exceptions.
A.
No building height limitation contained in this chapter shall restrict the height of the following buildings or structures:
(1)
Church spires, cupolas, domes, or monuments.
(2)
Water towers, chimneys, smokestacks, elevator or stair bulkheads, or cooling towers.
(3)
Farm structures, silos, or flagpoles.
(4)
Radio or television antennas, telecommunications facilities, or utility transmission lines, poles, towers, or cables.
(5)
Parapet walls extending not more than four feet above the limiting height of the building.
(6)
Passive and active solar energy equipment provided that the placement of the equipment does not deprive the adjoining properties of access to solar sky space.
B.
None of the exceptions to the height regulations shall be used for human occupancy.
§ 106-45.6 Unique lots and building locations.
A.
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Board shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot except as specified in Subsections A and C of this section.
C.
Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located.
D.
Side yard of a corner lot. The side of a corner lot which abuts a street shall be equal to the required front yard for that street.
§ 106-45.7 Use of small lots.
Any parcel of land with an area or width less than that prescribed for a lot in the district in which it is located, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided all other regulations prescribed for the district by this chapter are complied with. When two or more adjacent lots are in a single ownership, they shall be considered as being a single lot.
§ 106-45.8 Attached residential units.
A.
In order for a residential building to be considered an attached structure, units on both sides of the party wall shall be built simultaneously.
B.
Two-family attached buildings shall have only one party wall with another residential building. The units on both sides of the party wall shall be built simultaneously.
§ 106-45.9 Maximum contiguous single-family attached units.
There shall be no more than eight contiguous single-family attached residential units in any single residential building structure.
§ 106-45.10 Visibility at intersections.
On corner lots, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines. In such area no shrubbery, nor fences of masonry, wood or other material which creates a solid visual barrier, shall be erected higher than two feet from the accepted street grade of the abutting top of curb, or from the crown of the abutting road, if there is no curbing, nor shall branches or foliage of trees be permitted less than 10 feet from the ground. An open fence of chain link wire, wrought iron, split, rail or other similar material which does not screen or obstruct views, light and air may be permitted in the triangular area, provided it does not obstruct visibility.
§ 106-45.11 Fences.
Fences shall not be considered structures under this chapter and, as such, may be erected in any district, subject to the following provisions:
A.
Fence permit required.
(1)
No fence may be installed or constructed within the Town unless the Code Enforcement Officer has issued a permit. Fences installed and/or constructed as part of an agricultural operation or use recognized by the Town are exempt from this section (§ 106-45.11).
(2)
No permit for a fence shall be issued unless the proposed fence shall comply with the standards contained in this article.
(3)
Fences no more than four feet in height and no more than 50% opaque erected within the lot's required setback area for the purposes of screening a garden or other such feature may be exempt from this section (§ 106-45.11).
(4)
An application for a fence permit shall be made to the Town Office on forms provided by the Town Office. Fence permit applications to erect a fence within any given required front, side, or rear yard shall be accompanied by a survey map reflecting the current extent of the property and depicting the proposed location of said fence.
(5)
Fence permit applications for lots with direct shoreline frontage in the Lakeshore Residential District shall also depict the mean water line on the current survey map.
B.
General requirements.
(1)
No fence shall be erected or encroach upon a public right-of-way.
(2)
Any fence shall have its finished or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.
(3)
The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.
(4)
Natural fencing, hedges, or other landscaping planted at or near to lot lines with the intent to act as fencing must comply with all applicable regulations set forth in this chapter, and must maintain a three-foot setback from any existing sidewalk when fully grown.
(5)
Fences incorporating barbed wire, electric current, or similar materials or devices shall be allowed only when necessary for agricultural or public utility operations and, unless part of an agricultural operation, shall be subject to a minimum ten-foot setback.
(6)
Fences expressly designed with the intent to maim or injure prospective intruders are prohibited except as authorized in Subsection B(5) above.
(7)
Every fence shall be maintained to provide functional, visual, and structural integrity. No fence shall be erected that will create a safety problem for people using the public right-of-way.
(8)
If the fence is to be located on a corner lot, the provisions of § 106-45.10 (Visibility at intersections) shall also apply. No solid fences over 24 inches in height shall be permitted in the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 25 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road, if there is no curbing. Split-rail fences, cyclone fences or other similarly open fences are permitted in the triangular area, provided that they do not create a traffic hazard or block visibility.
(9)
Fences adjacent to driveways which intersect public highways or private rights-of-way and fences adjacent to intersections of public highways or private rights-of-ways or any combination thereof shall not obstruct the vision of operators of motor vehicles traveling on such public highway or private rights-of-way or of vehicles entering the same from intersecting driveways.
(10)
The Planning Board, as part of site plan review (Article 52), may require a fence or other screen to shield adjacent residences or other uses from undesirable views, noise, or light.
C.
Nonresidential districts. All fences within nonresidential districts shall also comply with the following:
(1)
Fences may be constructed, established or built up to 12 feet in height above the average natural grade, provided that they do not create a traffic hazard or block visibility.
(2)
Fences six feet or lower in height are exempt from the setback requirements of the lot on which they are located. For fences greater than six feet in height, the setback requirements of the lot on which they are located shall apply. There shall be an additional one-foot setback for every one foot in height exceeding the first six feet.
D.
Residential districts. All fences within residential districts shall also comply with the following:
(1)
No fences shall be constructed, established or built in excess of six feet in height, with the exception of tennis or recreation courts, which may be up to 12 feet in height.
(2)
Fences six feet or lower in height are exempt from the setback requirements of the lot on which they are located. For fences greater than six feet in height (tennis or recreation courts), the setback requirements of the lot on which they are located shall apply. There shall be an additional one-foot setback for every one foot in height exceeding the first six feet.
(3)
No fence or wall over four feet in height shall be constructed in the front yard of any lot, except for decorative posts on said fence, which may be no more than 12 inches in excess.
(4)
All front yard fences in residential districts shall not be of chain link material or design.
(5)
This section does not regulate necessary retaining walls.
E.
Lakeshore Residential District. In addition to the residential district fencing requirements above, all fences in the Lakeshore Residential (LR) District shall comply with the following regulations:
(1)
No fence shall be erected on a property in the LR District that unduly impairs views of the lake or other natural scenic vistas from adjacent or other nearby properties. The Zoning Board of Appeals may, as conditions necessitate, reduce the height of fences, alter their location, size, or design so as to accomplish this objective.
[Amended 12-12-2019 by L.L. No. 2-2019]
(2)
Fences located between the mean water line and the rear building line of a principal structure, including decks and porches, shall not exceed four feet in height.
(3)
Fences located in side yards may have a height in excess of four feet but shall not exceed six feet in height.
(4)
Fences located between the mean high water elevation and the rear building line of a principal structure, including decks and porches, shall be comprised of materials that are at least 60% transparent, as viewed from an angle of 90°.
[Amended 12-12-2019 by L.L. No. 2-2019]
(5)
Fence materials for fences or portions of fences located in side yards may be opaque.
(6)
Fences may be constructed from wood, chain link, stone, rock, brick, masonry brick, wrought iron, vinyl, and aluminum.
(7)
No fence shall be constructed from cast-off, secondhand, or other items not originally intended to be fencing, plywood less than 5/8 inch thick, low-grade plywood, particle board, paper, foam board, plastic, tarps (and similar materials), razor wire or other dangerous materials, sheet metal, roll metal, corrugated metal, concrete block, or chain links.
(8)
New fences shall extend no closer to the water than 10 feet from the mean high water elevation.
[Added 12-12-2019 by L.L. No. 2-2019]
§ 106-46.1 Intent.
The intent of this article is to prevent unreasonably loud, disturbing, and unnecessary noise, and to reduce noise levels from existing, proposed, or approved uses within the Town in an effort to preserve the public health, safety, and welfare of the community while fostering a high quality of life for Town residents.
§ 106-46.2 Applicability.
The maximum permissible sound pressure levels of any continuous source of sound from any one use shall be as herein established for the district listed in Table 46-1 of this article.[1] This includes, but is not limited to, sound from such activities as productions, processing, cleaning, servicing, testing, operating, or repairing either vehicles, materials, good, products or devices. Sound pressure levels in excess of those established for the districts of the Town shall constitute prima facie evidence that such sound is an unnecessary noise. This article shall not apply to residential uses in residential districts.
[1]
Editor's Note: See Table 46-1 in § 106-46.3.
§ 106-46.3 Sound levels.
Where any use is adjacent to a residential or mixed-use district at any point at the district boundary, the most restrictive district use noise level limit shall apply. Sound pressure levels shall be measured at the approximate location of the property line or at the boundary of the public right-of-way, at a height of at least four feet above the immediate surrounding surface. Such measurements should be made on a sound level meter of standard design and operated on the "A" weighting network designed for the level limits listed in Table 46-1. All sound monitoring equipment shall comply with the most recent ANSI standards available.
Table 46-1: Sound Levels | ||
|---|---|---|
District | 7:00 a.m. - 10:00 p.m. Level Limit db(A) | 10:00 p.m. - 7:00 a.m. Level Limit db(A) |
Residential | 60 | 55 |
Commercial | 65 | 60 |
Industrial | 75 | 75 |
§ 106-46.4 Exemptions.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of public warning devices.
C.
Sounds created by public utilities in carrying out the operation of their franchises.
D.
Sounds connected with events of any public or private school, or a Town-authorized event, concert, carnival, fair, exhibition, or parade.
E.
Sounds connected with agricultural activities.
F.
Sounds created by the proper use of power equipment rated 15 horsepower or less when used within the least restrictive time period of 7:00 a.m. to 10:00 p.m.
G.
Sounds created by the discharge of firearms for the purposes of target practice and/or hunting during the hours permitted by state and local law.