Manchester Town City Zoning Code
PART 5
Development Standards
§ 325-50.1 Purpose and intent.
The intent of this article is to articulate a set of performance standards to prevent unreasonable, disturbing, and unnecessary nuisances and reduce potential negative impacts related to sound, vibration, odor, toxic matter, heat, dust, and smoke or other potentially offensive elements 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.
§ 325-50.2 Noise associated with a use.
A.
Sound levels. The maximum permissible sound pressure levels of any permitted or specially permitted use shall be as herein established for the district listed in Table 50-1 of this article. 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.
B.
Residential districts. Where any use is adjacent to a residential or mixed-use district at any point at the district boundary, the most restrictive district level limit shall apply.
C.
Measurement of sound. 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 50-1.
Table 50-1: Sound Levels | |||
|---|---|---|---|
District | Level Limit DB(A) | 11:00 p.m. – 7:00 a.m. Level Limit DB(A) | |
Residential | 60 | 55 | |
Commercial | 70 | 65 | |
Industrial | 80 | 75 | |
D.
Exemptions. The following sounds shall not be deemed to be a violation of this chapter:
1)
Sounds created by religious institution bells or chimes.
2)
Sounds created by any government agency by the use of public warning devices.
3)
Sounds created by public utilities in carrying out the operation of their franchises.
4)
Sounds connected with events of any public or private educational institution, or a Town authorized event, concert, carnival, fair, exhibition, or parade.
5)
Sounds created by funeral processions, the use of amplifiers for political or athletic events, or other official law enforcement activities.
6)
Sounds connected with permitted agricultural uses.
7)
Sounds created by the proper use of domestic power equipment rated five horsepower or less when used within the least restrictive time period of 7:00 a.m. to 11:00 p.m.
8)
Sounds created by the discharge of firearms for the purposes of hunting during the hours permitted by state and local law.
§ 325-50.3 Vibration.
Any operation which creates intense earthshaking vibration, e.g., heavy drop forges and heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.
§ 325-50.4 Odor.
No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted. Agricultural uses protected under the New York State Agriculture and Markets Law shall be exempt from this provision.
§ 325-50.5 Toxic matter.
No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property or business shall be permitted.
§ 325-50.6 Heat.
No direct or reflected heat shall be detectable from any residential or commercial district boundaries.
§ 325-50.7 Dust and ash.
No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.
§ 325-50.8 Smoke.
No smoke shall be emitted in such quantity as to become a nuisance.
§ 325-51.1 Purpose and intent.
The purpose and intent of the requirements in this article is to:
A.
Ensure that any parking lot or area 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.
Ensure there are adequate amounts of parking and loading spaces to serve the use(s) and users of the property; and
C.
Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel.
D.
Ensure safe, well-planned multi-modal access can be made to all commercial and residential properties within the Town while minimizing potential vehicular and pedestrian conflicts.
E.
Reduce stormwater runoff and its negative impacts to the environment through implementation of appropriate drainage structures and use of impervious surfaces.
F.
Improve the Town's resiliency to significant weather events caused by climate change through the implementation of green infrastructure and adherence to sustainable design principles.
§ 325-51.2 Applicability.
A.
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.
B.
New or moved buildings and uses. Parking and loading spaces as required, shall be provided for all buildings and uses constructed, established or moved to new sites.
C.
Increase in intensity of use. An increase in the intensity of use of a building or premises shall mean the addition of dwelling units, gross floor area, occupancy or any other unit of measurement used as a basis for determining required parking and loading areas. Additional parking and loading spaces, as required, shall be provided for any such increases in an existing use.
D.
Change in use. When the use of any building or premises is changed to a different use; parking and loading spaces, as required, shall be provided for the different use.
E.
Existing parking and loading areas. Off-street parking and loading areas in existence on the effective date of this article shall not be reduced below the requirements for an equivalent new building or use. In no case shall it be necessary to continue parking and loading spaces in excess of those required by this article.
F.
Nonconforming parking and loading areas. A building, use or occupancy lawfully existing at the time this article or any amendment thereto becomes effective, but which does not conform with the off-street parking and loading requirements, may be occupied or continued without such spaces being provided. Any such spaces that may be provided thereafter shall comply with the requirements of this article. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of this article.
G.
Provision and maintenance. The provision and maintenance of private off-street parking and loading spaces is a continuing obligation of the property owner.
§ 325-51.3 General requirements.
Off-street parking and loading areas required by this article shall conform to the following requirements:
A.
Areas computed.
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. A driveway may only be used to meet the requirements of this article where it adequately serves a single-, two-, or multiple-family dwelling up to four units.
2)
No vehicle shall be parked or stored in any required fire lane.
3)
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 30% for lots equal or greater than 60 feet may be used for parking.
4)
Loading and unloading space as required under this article shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.
B.
Location of spaces.
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 shall not be located within 15 feet of a residential district.
3)
Loading areas shall not be located within 30 feet of a residential district.
4)
Parking and loading areas may not be located within 10 feet of street frontage unless proper screening or decorative fencing is installed.
5)
Off-street parking and loading spaces in the GC and HC Districts shall be prohibited in the front yard area, with the exception of a single bay of convenience parking approved as part of site plan review. Spaces located within other commercial or industrial districts may be located in any yard area.
6)
Off-street parking spaces in residential districts may be provided in any yard except the front yard. However, parking in the front yard shall only be allowed on single-family and two-family lots on an approved, hard-surfaced driveway compliant with this article.
7)
Loading spaces and delivery areas, such as loading docks, shall be located so as not to be visible from the street or public right-of-way. If not practical, landscaping and buffering to screen such areas shall be provided to the extent required in site plan review.
C.
Paving, grading and marking.
1)
All parking and loading areas, except those located in industrial districts, shall be hard-surfaced concrete or asphalt paved and maintained in good condition. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and must be permanently marked.
2)
The use of permeable paving materials is strongly encouraged to reduce impacts of stormwater runoff and help facilitate proper drainage.
3)
All spaces shall be clearly marked with a minimum painted strip of four inches in width.
4)
All parking and loading areas and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff.
5)
All landscaped areas shall include concrete, masonry or other permanent barriers to contain and protect landscaping.
6)
In locations where curbing is not required or feasible, wheel stops shall be used. Wheel stops shall be provided adjacent to any building, wall, fence, walkway, landscaped area or property line to protect people, property and other vehicles.
7)
Fire lanes. All parking and loading areas shall be constructed in such a way to accommodate emergency vehicle access as required by the Manchester Fire Department.
D.
Americans with Disabilities Act (ADA) compliance.
1)
All new or upgraded parking and loading areas must meet the requirements of the ADA. Upgrading shall include reconstruction or repaving, but not resealing an existing surface.
2)
All parking lots shall provide the minimum number of handicap spaces in accordance with ADA requirements. Each such space may be included in the computation of required number of spaces by use.
E.
Landscaping, screening, and buffer regulations. All parking and loading areas shall be in accordance with the regulations specified in Article 54 of this chapter.
F.
Lighting. All parking and loading areas and their appurtenant passageways and driveways shall be illuminated in conformance with the standards in Article 55. Adequate shielding shall be provided by uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
G.
Snow removal. For off-street parking and loading areas greater than 20 spaces, a dedicated area independent of required parking and loading spaces for the placing and storage of snow shall be required.
§ 325-51.4 Joint and shared parking lots.
A.
Benefit. Joint and shared off-street parking areas that extend across property lines are encouraged as parking can be more efficiently organized in larger areas than in smaller areas, resulting in more parking capacity with less land devoted to parking.
B.
Joint parking. Joint 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 spaces shall not be less than the sum required of the various buildings or uses computed separately. The land upon which the joint parking spaces are located shall be owned or leased by one or more of the collective users.
C.
Shared parking. Shared off-street parking areas for two or more uses that are located on the same lot or adjacent lots is permitted, provided they have differing peak parking demands or operating hours. Shared parking areas shall conform to the following:
1)
The minimum number of spaces provided is at least that of the use with the greatest parking requirement.
2)
The parking area is located within 1,000 feet of the building(s) or use(s) it is intended to serve.
3)
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.
4)
A shared parking agreement is executed documenting the shared uses and property owners and must be reflected in a deed, lease, contract, easement or other appropriate legal document.
5)
A maintenance agreement is executed documenting the responsibility of each user in the maintenance and upkeep of said shared parking lots.
§ 325-51.5 Access management.
The purpose of this section is to ensure 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 Manchester to make sure that safe access can be made to all commercial and residential properties while minimizing potential traffic and pedestrian conflicts. All parcels that fall within the Route 96 Overlay District must also comply with the access management requirements as identified in Article 31.
A.
Access roads and driveways. 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)
The Town Engineer or their designee shall review all access roads and driveways to ensure the safety and welfare of the public. The Town may engage the services of other engineers, planners, or other professionals to assist in such review all costs at the expense of the applicant.
2)
Shared access agreements will be required by the first developer and/or owner of a site and shall be established in a continuum to adjoining properties as a contingency of site plan approval.
3)
All direct access driveways to public highways shall be minimized and meet or exceed the minimum spacing requirements, excluding single-family residences, listed in the table below. Minimum driveway spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway.
Table 51-1: Minimum Driveway Spacing | |
|---|---|
Speed Limit | Minimum Spacing (feet) |
35 mph or less | 125 |
36 to 44 mph | 250 |
45 mph or greater | 500 |
4)
Each site shall have an access driveway into the parking area that complies with the dimensions of the table below:
Table 51-2: Access Driveway Dimensions By Use | |||
|---|---|---|---|
Use | Required Width (feet) | ||
Single-family | 10 (min.) | 25 (max.) | |
Multiple-family | 16 (min.) | 30 (max.) | |
Other, one-way access | 12 (min.) | 25 (max.) | |
Other, two-way access | 20 (min.) | 30 (max.) | |
5)
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.
6)
No driveway providing access to an off-street parking area shall be located closer than 60 feet to the intersection of public streets.
B.
Driveway permit required.
1)
The paving of new driveways or driveway expansions in any residential district shall require the issuance of a driveway permit by the CEO, unless otherwise approved by the Planning Board as part of the site plan review process.
2)
Driveway permit applications shall consist of a to-scale drawing of the parcel indicating the location and dimensions of the proposed driveway. Said driveway application shall be submitted to the CEO on forms provided by the Town Clerk and shall be accompanied by a current survey map completed by a professional land surveyor depicting the proposed location and dimensions of the driveway.
3)
Proposed driveways or driveway expansions must meet the following requirements in order to be considered for approval:
i.
The driveway shall be at least one foot away from side and rear property lines;
ii.
The driveway shall not cause the parcel's total lot coverage to exceed the maximum amount permitted as stated in Article 20 (Residential Districts);
iii.
The driveway width must be in conformance with this article; and
iv.
The paving of said driveway shall not obscure or in any way alter existing public sidewalks.
C.
Bicycle and pedestrian accommodations.
1)
All parking areas which contain more than 20 spaces must include clearly identified pedestrian route from the parking area to the main building entrance and to the public sidewalk along the street, where applicable. See figure below.
 |
2)
All pedestrian walkways shall be clearly marked through the combination of paint, signage, and/or change in paving materials.
3)
Bicycle parking shall be provided with all multiple-family and nonresidential development at a rate of at least 10% of off-street parking requirements. However, in no case shall a single use provide less than two spaces, nor be required to provide more than 10 spaces.
§ 325-51.6 Minimum parking space requirements.
A.
The minimum number of parking spaces for all uses and structures shall be provided in accordance with the table below.
Table 51-3: Minimum Parking Space Requirements By Use | |
|---|---|
Land Use | Minimum Spaces |
Residential | |
Single- or two-family dwelling | 2 per dwelling unit |
Multiple-family dwelling | 1.5 per dwelling unit |
Upper floor dwelling unit | 1 per dwelling unit |
Bed-and-breakfast | 1 per room |
Home occupation, residential | 1 per nonresident employee, in addition to residential use requirement |
Home occupation, agricultural | 1 per 1,000 square feet1 |
Nursing home or adult care facility | 0.50 per room + 0.50 per employee2 |
Commercial | |
Retail or entertainment use | 3 per 1,000 square feet1 |
Service or office use | 2 per 1,000 square feet1 |
Lodging | 1 per guest room + 0.50 per employee2 |
Day-care facility | 1 per employee2 |
Vehicle sales3 | 2 per employee2 |
Industrial/agricultural | |
All uses | 1 per employee2 |
Other | |
Hospital | 1 per bed + 1 per employee2 |
Recreational use | 3 per 1,000 square feet1 |
Religious institution | 3 per 1,000 square feet1 |
Educational institution | 1 per 3 students + 1 per employee2 |
NOTES: | |
(1) | As measured by the gross floor area dedicated to the proposed use. |
(2) | "Per employee" requirements shall be based on the maximum shift. |
(3) | Minimum parking requirement does not include the spaces devoted to storage of vehicles to be sold. |
B.
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.
C.
The maximum number of parking spaces allowable is not to exceed 125% of the requirement as outlined in this article, unless otherwise approved via special permit by the Planning Board.
D.
Where no requirement is designated, and the use is not comparable to any of the listed uses, parking requirements shall be determined by the CEO based upon the capacity of the facility and its associated uses. The CEO may consult with any Town board, commission, department, agency, and/or official it deems advisable. The CEO 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 CEO for such professional services to the Town.
E.
The Planning Board may require additional off-street parking spaces in excess of those required by this article as part of site plan review if such additional spaces are deemed necessary to protect the health, safety, and general welfare of the public.
§ 325-51.7 Parking lot design standards.
A.
Aisle widths. Aisle widths shall follow the minimum dimensions of the table below:
Table 51-4: Minimum Aisle Widths | |||
|---|---|---|---|
Angle of Parking | Minimum Aisle Width | ||
Two-Way Traffic (feet) | One-Way Traffic (feet) | ||
90° parking | 24 | 22 | |
60° parking | 23 | 18 | |
45° parking | 21 | 13 | |
Parallel parking | 19 | 13 | |
B.
Size of parking spaces. The size of the parking spaces shall follow the minimum dimensions of the table below, and each space shall be separated by four inches from an adjoining space.
Table 51-5: Minimum Size of Parking Spaces | |||
|---|---|---|---|
Angle of Parking | Minimum Width (feet) | Minimum Length (feet) | |
90° parking | 9 | 18 | |
60° parking | 9 | 18 | |
45° parking | 9 | 18 | |
Parallel parking | 8 | 22 | |
§ 325-51.8 Loading space requirements.
Whenever the normal operation of any development requires that good, 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 spaces. Off-street loading spaces 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 accessory spaces in relation to the use served are adhered to.
D.
Minimum space dimensions. Loading spaces shall conform to the minimum dimensions of the table below:
Table 51-6: Minimum Space Dimensions | ||||
|---|---|---|---|---|
Class of Loading Space | Minimum Width (feet) | Minimum Length (feet) | Minimum Height (feet) | |
A (for semi-truck vehicles) | 14 | 50 | 15 | |
B (for other vehicles) | 12 | 25 | 14 | |
E.
Minimum number of spaces. The minimum required number and class of loading spaces shall be determined by the gross floor area of the use that it will serve as listed in the table below:
Table 51-7: Number of Loading Spaces Required | ||
|---|---|---|
Gross Floor Area (square feet) | Minimum | |
Less than 4,000 | — | |
4,000 to 15,000 | 1 - Class B | |
15,000 to 30,000 | 1 - Class A OR 2 - Class B | |
4. 30,000 or greater | 1 - Class A AND 1 - Class B | |
5. Each additional 50,000; or fraction thereof | + 1 - Class A | |
§ 325-52.1 Purpose and intent.
A.
Purpose. The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Town. These standards are designed to protect and promote the public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.
B.
Objectives. It is further the intent of this chapter to achieve the following objectives:
1)
Ensure right to free speech as protected under the Constitution;
2)
Establish a clear and impartial process for those seeking to install signs;
3)
Protect property values, create a more attractive economic and business climate, protect traditional Town character, and maintain a desirable appearance of the community;
4)
Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
5)
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
6)
Reduce the adverse effects of signage on the desirable aesthetic of the Town and on the general environment of the community; and
7)
Enforce and encourage the objectives and goals of the Town's Comprehensive Plan.
§ 325-52.2 Applicability.
A.
Signs regulated. The regulations of this chapter shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation and removal of all signs within the Town visible from any street, sidewalk, public right-of-way, or public space.
B.
Exemptions. The provisions of this chapter shall not apply to or be construed to prohibit the following:
1)
Safety signs, road signs, historical markers, or highway directional signs erected by municipal or governmental agencies.
2)
Temporary decoration of premises during customary religious, patriotic or holiday seasons.
3)
Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.
4)
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 (examples include NYS inspection station or authorized repair shop identification and posted notices).
C.
Conflict of provisions. If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health code of the Town or other local or state agency, the provision which establishes the higher standard shall prevail.
§ 325-52.3 Permits required.
A.
Sign permits. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the Town of Manchester Code Enforcement Officer, as required by this chapter.
Table 52-1. Signs Requiring Permits | ||
|---|---|---|
Sign Type | Permit Required | Sign Regulations |
A-Frame | No1 | § 325-52.14(A) |
Awning | Yes | § 325-52.16(A) |
Directional | No1 | § 325-52.14(B) |
Governmental | No1 | § 325-52.14(C) |
Ground | Yes | § 325-52.16(B) |
Incidental | No1 | § 325-52.14(D) |
Lawn | No1 | § 325-52.14(E) |
Neon | No1 | § 325-52.14(F) |
Noncommercial | No1 | § 325-52.14(G) |
Pole | Yes | § 325-52.16(C) |
Projecting | Yes | § 325-52.16(D) |
Suspended | Yes | § 325-52.16(E) |
Temporary | Yes | § 325-52.16(F) |
Wall | Yes | § 325-52.16(G) |
Window | No1 | § 325-52.16(H) |
NOTE: | |
(1) | Signs not requiring a sign permit must still conform to all applicable regulations of this article. |
B.
Permit exceptions. The following actions shall not require the issuance of a sign permit provided such maintenance, changes, or alterations do not alter the physical size, design, structure, or nature of the sign.
1)
Normal maintenance and repair of a sign not involving structural changes, including, but not limited to, repainting, repairing, changing of parts, or cleaning.
2)
Changes to the content, graphics, or messaging of a sign.
3)
Changes in the sign user, owner, or owner of the property upon which the sign is located.
C.
Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the Code Enforcement Officer.
D.
Expiration. A 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. The Code Enforcement Officer may grant an extension of up to an additional 45 days provided the applicant submits a written request with sufficient reason for the delay in construction.
E.
Revocation. The Code Enforcement Officer, at any time for a violation of this chapter, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice, otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.
§ 325-52.4 Sign permit applications.
A.
Application submittal.
1)
Sign permit applications shall be submitted to the Code Enforcement Officer on the appropriate forms provided by the Town of Manchester.
2)
Incomplete applications will not be processed. The Code Enforcement Officer shall provide written or electronic notice of application deficiencies to applicants. If such deficiencies are not corrected within 30 days of notice, the application will be considered withdrawn.
B.
Application requirements. All sign applications shall require the submittal of the following information. The Code Enforcement Officer may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.
1)
Name, address, contact information, and signature of the applicant.
2)
Name, address, and signature of the building and/or property owner (if not the applicant), and a statement of consent for the applicant to seek such sign permit.
3)
Name and information of the sign constructor and/or erector (if not the applicant), including a cost estimate for construction.
4)
All applicable permit fee(s).
5)
Plans, dimensions, and/or drawings indicating the size, shape, construct, materials, design, and layout of the proposed sign(s).
6)
Site plan and elevations indicating the proposed location, size, and design of the sign(s) drawn to scale.
7)
Color illustrations and/or photographs of the proposed sign and sign area.
8)
Plans indicating the proposed illumination system and/or structure, if any, and the type of lighting to be used.
9)
Any additional site and/or sign information deemed necessary by the Code Enforcement Officer for the proper review of such application.
C.
Signs in public right-of-way. Applicants seeking approval for the placement of a sign or signs in the public right-of-way shall provide the Town with a certificate of insurance issued by a qualified and licensed insurance company naming the Town as an additional insured against all claims in the face amount of $250,000 for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the Town shall not exceed $500. Applications for signs located within the public right-of-way shall be reviewed in accordance with § 325-52.5(C).
§ 325-52.5 Review procedures.
A.
Review by sign type.
1)
Sign permit applications shall require review by the Code Enforcement Officer, Planning Board, or Town Board, as provided in this chapter.
2)
Applications for signs that are consistent with a sign plan or program previously approved for a project or building may be administratively reviewed, regardless of the sign type.
B.
Administrative review procedures.
1)
The Code Enforcement Officer may approve, approve with modifications, or deny a sign application as part of administrative review.
2)
The Code Enforcement Officer shall render their decision within 30 days of receipt of a complete application. A sign permit shall only be issued when it is determined that the sign complies with the requirements of this chapter and all other applicable local, state, and federal laws and ordinances.
3)
The CEO may refer any sign application to the Planning Board for review and issuance of a decision, if it is determined by the CEO that the nature of the application requires a more substantial, discretionary review. Such review may occur at any regularly or specially scheduled Planning Board meeting.
4)
Upon referral by the CEO, the Planning Board assumes final decision authority and may approve, approve with modifications, or deny the sign application.
5)
Any person aggrieved by a decision for a sign permit by the Code Enforcement Officer may submit an appeal to the Town of Manchester Zoning Board of Appeals. Such appeal must be made within 30 days of the date of decision.
C.
Town Board review procedures. Applications for signs that encroach upon public property, with the exception of a-frame signs, shall be subject to review and approval by the Town Board under the following procedures.
1)
Sign permit applications shall be submitted to the Code Enforcement Officer at least 10 business days prior to the Town Board meeting at which such application is to be considered. Upon receipt of all required information, the Code Enforcement Officer will submit all materials to the Town Board for their review.
2)
The Town Board shall review and decide upon all sign applications received from the Code Enforcement Officer. Such review may occur at any regularly or specially scheduled Board meeting.
3)
The Town Board may approve, approve with modifications, or deny a sign permit application upon consideration of the application's conformance to the applicable requirements contained in this chapter, consistency with the architectural style of the building or structure with which the proposed sign or signs is associated, and all other applicable laws and ordinances.
D.
Site plan or special permit review coordination. Developments subject to review and approval under this zoning law may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.
§ 325-52.6 Measurement.
A.
Sign area.
1)
Single sign face. 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, graphic, and/or other display, together with any material, backdrop, or structure on which it is placed. See Figures 1 and 2.
Figure 1  |
Figure 2  |
2)
Multi-faced signs. In the case of a multi-faced sign only one side of the sign is considered in determining sign area if the sides of the sign are back-to-back or diverge at an angle of 45° or less.
3)
Structural support not included. 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 message with the inclusion of any text or graphics. If such is the case, a combination of regular geometric shapes which can encompass the area of said text or graphics shall be included as part of the total sign area computation.
B.
Sign height.
1)
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. See Figure 3.
Figure 3  |
2)
Other signs. The height of an awning, projecting, suspended, wall, or window sign shall be determined by measuring the vertical distance between the top part of the sign face or structure, whichever is highest, to the bottommost edge of the sign face. See Figures 1 and 2.
§ 325-52.7 Safety provisions.
All signs shall be designed, constructed, and located in accordance with the following criteria to protect the general health, safety, and welfare of the public.
A.
No sign shall be erected, constructed, or maintained so as to obstruct free egress from a window, door or fire escape, to interfere with any opening required for ventilation, or to become a menace to life, health or property.
B.
No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.
C.
No sign shall be of a shape, color, or design that may be confused with any authorized traffic control device.
D.
No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used with any sign display.
E.
Signs shall maintain clearance from high voltage power lines.
F.
The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with the requirements of the NYS Uniform Code and National Electrical Code, as applicable.
G.
The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the Code Enforcement Officer.
§ 325-52.8 Design and construction.
A.
All signs shall be constructed of permanent, weather resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this chapter.
B.
Where applicable, 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 NYS Uniform Code. All sign supports may be reviewed as part of the sign design.
C.
All sign lettering shall be permanently affixed to the sign. Ground signs utilizing manual changeable copy shall be enclosed and locked.
D.
No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted metal. All wood components of signs must be sealed and protected from the elements.
E.
No sign shall use neon, fluorescent, or DayGlo™ colors.
§ 325-52.9 Location.
A.
No sign may be posted on public property or within a public right-of-way, unless otherwise approved by Town Board. Signs encroaching upon or projecting over the public right-of-way shall also require Town Board approval.
B.
All signs must comply with the dimensional and setback requirements of this article.
C.
No sign shall obscure, alter, or cover the architectural features of any building.
D.
All signs shall be located on the site being promoted, identified, or advertised.
E.
All signs shall maintain at least a ten-foot setback from all property lines, unless otherwise noted within this chapter.
§ 325-52.10 Illumination.
A.
Intermittent illumination or illumination which involves movement or causes the illusion of movement resulting from the arrangement of lighting, is prohibited.
B.
In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
C.
Overhead wires or exposed wires on a sign or its supporting members are prohibited.
D.
While internally illuminated signs are prohibited, reverse channel illumination (backlighting) may be utilized in districts where illumination is permitted.
E.
Fixtures shall be fully shielded, pointing downward, to minimize sky glow, glare, and light trespass. The use of lighting fixtures compliant with International Dark Sky Association standards is required.
F.
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall be top mounted fixtures which project downward only onto the surface itself.
§ 325-52.11 Maintenance and repair.
A.
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.
B.
Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the Code Enforcement Officer may require its removal.
§ 325-52.12 Removal of signs.
A.
Any sign that becomes obsolete, meaning the business, product, service, event, or other such topic to which it relates ceases operation or is no longer applicable, must be removed within 60 days of such termination. An extension may be granted by the Code Enforcement Officer upon written request by the sign owner.
B.
The removal of signs shall be the sole responsibility of the sign owner and/or sign permit holder. If said sign is not removed within 30 days of the date of written notice by the Code Enforcement Officer, the Code Enforcement Officer is authorized to effect its removal.
C.
The removal of signs shall include the removal of all sign elements and related structural supports, returning the building, site, or structure to its original state.
D.
The Code Enforcement Officer may remove any sign that is found to be in violation of this chapter. The property and/or sign owner shall subsequently be given written notice of such sign removal. If the sign is not claimed within 10 days of the written notice, the Code Enforcement Officer may dispose of said sign.
E.
Any costs incurred for the removal of a sign shall be fully reimbursed to the Town of Manchester by the sign permit holder. Such costs may be assessed to the property for collection by the Town.
§ 325-52.13 Prohibited signs.
The following signs are prohibited within the Town:
A.
Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.
B.
Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.
C.
Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on, over, or within the public right-of-way, unless otherwise permitted by this article.
D.
Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located.
E.
Any sign that is located off-premises from the use and/or structure to which it serves.
F.
Any sign that contains words or pictures of an obscene or pornographic nature.
G.
Any sign that emits audible sounds, odor, or visible matter.
H.
Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.
I.
Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflective material.
J.
Any permanent sign that is mounted on wheels or mounted on any structure on wheels, not including registered commercial vehicles upon which a commercial message is displayed.
K.
Any sign erected on the roof of a structure or attached in any manner that would extend beyond the roofline of the structure upon which it is located.
L.
Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is utilized as temporary signage subject to the regulations of this article.
§ 325-52.14 Signs authorized without a 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, they shall conform to all other applicable requirements of this chapter or may be subject to removal by the Code Enforcement Officer in accordance with this article.
A.
A-frame signs. A-frame signs shall not require a permit provided the following conditions are met:
1)
The sign is located in a nonresidential district and does not interfere with vehicular, pedestrian, or bicycle access or visibility.
2)
There is no more than one sign per use and the sign does not exceed three feet in height, three feet in width, and nine square feet in area.
3)
The sign is not illuminated.
4)
The sign is not located in the public right-of-way (permit required to be located in the public right-of-way).
5)
The sign is brought inside when operation is not in use.
B.
Directional signs. Non-illuminated direction signs do not require a permit provided the following conditions are met:
1)
Directional signs shall be located entirely on the property to which they pertain and shall not contain a commercial message (e.g., business name).
2)
The total of directional signs on any one property shall not exceed an area of six square feet in a residential district, or 16 square feet in a nonresidential district.
3)
Directional signs shall not exceed three feet in height.
4)
Directional signs may not extend above the first floor of any given structure or project beyond property lines.
C.
Governmental signs. Any official sign, public notice, or warning sign authorized 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.)
D.
Incidental signs. Signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including, but not limited to, signs which identify rest rooms, hours of operation, or warnings, provided they conform to the following:
1)
No sign may be illuminated.
2)
No sign may exceed three feet in area.
3)
The cumulative area of all signs for any one use or property shall not exceed 12 square feet.
E.
Lawn signs. Lawn signs shall be in conformance with the regulations below.
1)
No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed 12 square feet.
2)
No sign is displayed for more than 60 days in a 120-day period.
3)
No sign is illuminated.
F.
Neon or LED signs. Neon or LED signs shall not require a sign permit provided the following conditions are met:
1)
The sign is mounted inside a building and the building is located within a nonresidential district.
2)
There is no more than one sign per use.
3)
The sign covers no more than 10% of the window area.
G.
Noncommercial signs. Any use is permitted one sign that does not contain a commercial message, provided such sign is in conformance with the following:
1)
No sign exceeds three feet in height and six square feet in area, and the cumulative area of all signs on the lot does not exceed 12 square feet.
2)
The sign is not illuminated.
3)
The sign is not located above the first floor of any structure.
§ 325-52.15 Permitted signs by zoning district.
A.
Sign types. The following table indicates the sign types permitted within the Town's zoning districts.
1)
"●" indicates that the sign type is permitted and may be illuminated.
2)
"O" indicates that the sign type is permitted but shall not be illuminated.
3)
"—" indicates that the sign type is not permitted.
Table 52-1. Sign Types Permitted By Zoning District | ||||||
|---|---|---|---|---|---|---|
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
Max. number | 1 type per use | 2 types per use | 2 types per use | 2 types per use | 2 types per use | 2 types per use |
Awning | — | ● | ● | ● | — | — |
Ground | ○ | ● | ● | ● | ● | ● |
Pole | — | — | ● | ● | — | — |
Projecting | — | ● | ● | ● | — | — |
Suspended | — | ● | ● | ● | — | — |
Temporary1 | ○ | ○ | ○ | ○ | ○ | ○ |
Wall | ○ | ● | ● | ● | ○ | ○ |
Window1 | ○ | ○ | ○ | ○ | ○ | ○ |
NOTE: | |
(1) | Window and temporary signs shall not count towards the maximum number of signs for any use. |
B.
Additional signage for developments. There are certain building and development configurations that warrant the permission of additional signage to provide adequate visibility and identification for motorists, pedestrians, and bicyclists. The following table indicates the permitted number of signs and sign types for such certain building and development configurations. Unless noted as additional signage, these regulations shall supersede those of Subsection A above.
Table 52-2. Additional Development Signage | |
|---|---|
Development Configuration | Permitted Sign Type and Standards |
Single- or multiple-family residential development | |
Per entrance1 | 1 additional ground sign, in conformance with § 325-52.16(B) |
Campus style development | |
Per entrance1 | 1 additional ground sign, no more than 32 square feet in area and 6 feet in height |
Mixed-use or multi-tenant commercial development | |
Per use or tenant | Up to 2 sign types in conformance with § 325-52.16, except ground and pole signs |
Per lot | 1 ground or pole sign in conformance with § 325-52.16(B) or (C) |
Multi-story, mixed-use or multi-tenant commercial building | |
Per first-floor use | Up to 2 different sign types in conformance with § 325-52.16 |
All upper floor uses | 1 shared wall, projecting, or suspended sign, in conformance with § 325-52.16 |
NOTE: | |
(1) | The additional signage shall be permitted only to entrance points from public streets and/or streets designated as primary entrances. |
§ 325-52.16 Regulation by sign type.
A.
Awning sign. A sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | — | 1 per awning | 1 per awning | 1 per awning | — | — |
Max. area | — | 12 square feet | 16 square feet | 16 square feet | — | — |
Min. clearance1 | — | 9 feet | 9 feet | 9 feet | — | — |
Illumination | — | Internal/External | Internal/External | Internal/External | — | — |
NOTE: | |
(1) | Measured from the elevation of the ground directly beneath the center of the awning to the bottommost edge of the awning. |
1)
Additional regulations.
i.
No sign shall project from an awning.
ii.
Awnings upon which a sign is to be placed shall be comprised of high-quality, weather-resistant materials designed for exterior use.
iii.
Unfinished or unpainted wood or metal awnings and internally illuminated translucent awnings are prohibited.
B.
Ground sign. A type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | 1 per lot | 1 per lot | 1 per lot | 1 per lot | 1 per lot | 1 per lot |
Max. area | 6 square feet | 12 square feet | 48 square feet | 48 square feet | 12 square feet | 12 square feet |
Max. height | 3 feet | 3 feet | 6 feet | 6 feet | 3 feet | 3 feet |
Min. setback | 15 feet | 15 feet | 15 feet | 15 feet | 15 feet | 15 feet |
Illumination | None | External | External | External | External | External |
1)
Additional regulations.
i.
All ground signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.
ii.
All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.
iii.
External lighting fixtures may be mounted on the ground or on the sign. Lighting fixtures mounted on the ground shall be shielded and directed so as to illuminate only the sign face.
 |
C.
Pole sign. A type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | — | — | 1 per lot | 1 per lot | — | — |
Max. area | — | — | 32 square feet | 32 square feet | — | — |
Max. height | — | — | 20 feet | 20 feet | — | — |
Min. setback | — | — | 15 feet | 15 feet | — | — |
Illumination | — | — | Internal/External | Internal/External | — | — |
1)
Additional regulations.
i.
All pole signs shall have a landscaped area at the base of the sign. The landscaping shall fully surround the sign and utilize appropriate plantings so as not to obscure the visibility of the sign.
ii.
All plantings shall be properly manicured and maintained as the season may require. Dead or decaying plant material shall be replaced by the sign owner within 30 days of written notice by the Code Enforcement Officer.
 |
D.
Projecting sign. A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | — | 1 per use | 1 per use | 1 per use | — | — |
Max. area | — | 6 square feet | 8 square feet | 8 square feet | — | — |
Max. width1 | — | 3 feet | 4 feet | 4 feet | — | — |
Max. projection2 | — | 4 feet | 5 feet | 5 feet | — | — |
Min. clearance3 | — | 9 feet | 9 feet | 9 feet | — | — |
Illumination | — | External | External | External | — | — |
NOTES: | |
(1) | Measured at the widest point of the sign face. |
(2) | Measured perpendicularly from the building face to the furthest point of the sign edge. |
(3) | Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign. |
E.
Suspended sign. A sign attached to and supported by the underside of a horizontal plane.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | — | 1 per use | 1 per use | 1 per use | — | — |
Max. area | — | 6 square feet | 8 square feet | 8 square feet | — | — |
Max. width1 | — | 3 feet | 4 feet | 4 feet | — | — |
Min. clearance2 | — | 9 feet | 9 feet | 9 feet | — | — |
Illumination | — | External | External | External | — | — |
NOTES: | |
(1) | Measured at the widest point of the sign face. |
(2) | Measured from the elevation of the ground directly beneath the center of the sign to the bottommost edge of the sign. |
 |  |
F.
Temporary sign. A sign which is not intended to be used for a period over 60 days and is not attached to a building, structure, or ground in a permanent manner.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | n/a | n/a | n/a | n/a | n/a | n/a |
Size/location requirements | See restrictions of sign type most closely aligned with style of the temporary sign. | |||||
Illumination | — | — | — | — | — | — |
1)
Additional regulations.
i.
No sign shall be displayed for more than 60 days in a 120-day time period. This may be extended for up to two additional sixty-day periods upon written request to the CEO setting forth the special circumstances requiring such extension.
ii.
Banners, posters, pennants, ribbons, streamers, spinners, or balloons may be permitted as temporary signage, provided they are in conformance with this section.
G.
Wall sign. A sign located on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | 1 per use | 1 per facade | — | — | 1 per use | 1 per use |
Max. area | 6 square feet | 12 square feet | 32/60 square feet1 | 32/60 square feet1 | 12 square feet | 12 square feet |
Max. height | 3 feet | 3 feet | 6 feet | 6 feet | 3 feet | 3 feet |
Illumination | — | External | External | External | — | — |
NOTE: | |
(1) | The first number is the maximum area per individual sign. The second number is the maximum cumulative area for all wall signs on a single facade. |
H.
Window sign. A sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.
Zoning District | RR, HR, M-H | HC | GC | GI, LI, REI | OS | AG |
|---|---|---|---|---|---|---|
Max. number | n/a | n/a | n/a | n/a | n/a | n/a |
Max. area1 | 25% | 25% | 50% | 50% | 25% | 50% |
Illumination | — | — | — | — | — | — |
NOTE: | |
(1) | Measured by the cumulative area of coverage by signs located within the transparent window area. |
§ 325-52.17 Digital signs.
The following requirements shall apply to any sign utilizing digital technology.
A.
The use of digital sign technology shall be limited to districts where illumination is permitted.
B.
The extent of sign face area utilizing digital sign technology, including any screens or other display area, shall not exceed 75%.
C.
Digital technology shall be not be utilized in any wall sign, projecting sign, suspended sign, awning sign, or window sign.
D.
Digital signs shall display static messages with no animation, no effects simulating animation, and no video.
E.
Changes in copy, message, or graphics shall occur no more than once every 30 seconds.
F.
Each transition shall be accomplished immediately with no fade, scroll, flash, spin, revolve, shake or include any other type of movement or motion.
G.
Digital signs shall be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.
H.
The illuminance of a digital sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the digital sign off, and again with the digital sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign. All measurements shall be taken at a height of at least five feet and a distance determined by the following calculation. All fractions shall round up to the nearest foot.
 |
I.
The difference between the digital sign measurements when off and when displaying a solid-message (using the digital sign measurement criteria) shall not exceed 0.3 footcandle, regardless of ambient lighting conditions.
J.
All digital signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.
K.
Digital signs shall be programmed or set in such a manner that the display will turn dark and emit no light in case of malfunction.
L.
No digital sign shall be located within 50 feet of a residential district or use as measured in a straight line from the location of the sign to the nearest residential property line.
§ 325-52.18 Nonconforming signs.
A.
Any sign that does not comply with this chapter is eligible for characterization as a legal nonconforming sign if the sign complied with all requirements in effect at the time it was erected.
B.
Nonconforming signs must be brought into compliance with this chapter under the following conditions:
1)
The sign is altered in any way, such as size, design, structure, or type of illumination (except for normal maintenance).
2)
The sign is relocated or replaced.
3)
The property or business to which the sign relates changes ownership or principal use.
C.
Any nonconforming sign that is removed from its position or siting and not replaced in-kind within 60 days shall be presumed to be abandoned and discontinued, and therefore may not be restored or re-erected except in compliance with this chapter.
D.
No nonconforming sign may be altered in any way that would increase its nonconformity with the regulations of this chapter, including, but not limited to, area, height, setback, and illumination.
E.
A nonconforming sign shall not be repaired, reconstructed or replaced, except in conformity with all the provisions of this chapter if it is damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50% of the replacement value of the sign so damaged, including labor.
F.
Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from complying with the provisions of this chapter regarding safety, maintenance and repair of signs. Any repainting, cleaning, or routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.
§ 325-53.1 Lot regulations.
A.
Existing lots of record. A single-family structure may be constructed on any lot in any residential district if said lot is less than the minimum area required for building lots in the residential district in which it is located, provided that the following conditions exist or are met:
1)
No structure shall be erected on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.
2)
No structure shall be constructed on a nonconforming lot unless it shall have a minimum side yard of three feet, or a minimum side yard of 10 feet where adjacent to any street.
3)
No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the residential district in which said lot is located.
B.
Lot width. The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.
C.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, except as provided in this chapter; and, if already less than the minimum required by this chapter, said area or dimension may be continued but shall not be further reduced.
D.
Corner lots. For the purposes of this chapter, corner lots shall be considered to have two front property lines, where abutting the street, and two side property lines.
E.
Flag lots. Flag lots shall be prohibited.
§ 325-53.2 Visibility at intersections.
At all street intersections no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their point of intersection.
§ 325-53.3 Height regulations.
A.
General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as noted in Subsection B.
B.
Height exceptions. The limitations affecting the height of structures shall not apply to the appurtenant appendages and structures, such as those listed below, provided that such appendages and structures comply with all the other provisions of this chapter or any other applicable local law.
1)
Parapet walls not exceeding three feet in height;
2)
Chimneys, smokestacks, church spires, flagpoles, television antennas or penthouses for mechanical equipment no exceeding 10 feet in height; or
3)
Barns, pole barns, silos and other common farm-related structures and water tanks associated with a permitted agricultural use.
§ 325-53.4 Yard regulations.
A.
Yard obstructions. Every part of a required yard must be open to the sky unobstructed except for accessory buildings in a rear or side yard, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features projecting not more than five feet.
B.
Varied side yards. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than 1/2 the otherwise required minimum width.
C.
Transitional yard requirements.
1)
Abutting on street line. Where a residence district abuts a nonresidence district on a street line, there shall be provided in the nonresidence district for a distance of 50 feet from the district boundary line a front yard at least equal in depth to that required in the residence district.
2)
Abutting on side or rear yard. Where the side or rear yard in a residence district abuts a side or rear yard in a nonresidence district, there shall be provided along such abutting line or lines a side or rear yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting side yard be less than 20 feet and the abutting rear yard be less than 20 feet.
§ 325-54.1 Purpose and intent.
A.
Purpose. The Town of Manchester recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise and enhancing property values and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the Town.
B.
Intent. The following standards are intended to ensure an acceptable degree of landscaping, screening, and buffering between land uses, particularly between residential and nonresidential uses, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community, and encouraging preservation of existing natural features. Specifically, these regulations are intended to:
1)
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plan new flora indigenous to the region.
2)
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
3)
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
4)
Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.
5)
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
6)
Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Town residents and visitors.
§ 325-54.2 Applicability.
All nonresidential and multiple-family development that is otherwise subject to site plan review shall meet the requirements of this article.
§ 325-54.3 Landscaping plan.
A.
The Planning Board may determine that the landscaping plan must be prepared by a licensed landscape architect, landscape designer or other professional. All landscaping plans shall contain the following information:
1)
A 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 by the Planning Board.
§ 325-54.4 General requirements.
A.
Existing site features. Existing unique, cultural, or natural site features, such as stonewalls, shall be incorporated into landscaping plans to the maximum extent feasible. Sites that possess significant ecological properties such as aquifers, public water supply watersheds, wetlands, and streams whose degradation would negatively affect other properties should be developed in a manner that will effectively prevent the possibility of such degradation.
B.
Completion of work. The issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping, or posting of a performance guaranty acceptable to the Code Enforcement Officer. If the applicant cannot perform the work due to seasonable impracticalities, all landscaping work shall be completed by June 30 of the year following the issuance of the certificate of occupancy.
C.
Pedestrian access. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.
D.
Existing trees. Existing healthy trees with a minimum twelve-inch caliper should be identified on site plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.
§ 325-54.5 Plant specifications.
A.
Appropriate species.
1)
Plant and landscape materials shall be compatible with soil conditions on-site and the regional climate. Native plant species are encouraged.
2)
All grasses, trees, and plant material shall be in accordance with those appropriate for the Town of Manchester's Plant Hardiness Zone as defined by the United States Department of Agriculture.
3)
Under no circumstance shall any site include plant material that is considered by the NYSDEC to be a prohibited and regulated invasive species per NYS Law 6 CRR-NY V C 575.[1]
[1]
Editor's Note: See Title 6, Department of Environmental Conservation, Chapter V, Resource Management Services, Subchapter C, Invasive Species.
B.
Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 54-1 below.
Table 54-1: Minimum Plant Size in Buffer | ||
|---|---|---|
Plant Material | Side or Rear Yards | All Other 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) |
§ 325-54.6 Landscaping standards.
All landscaped areas are subject to the following standards:
A.
Lawn area.
1)
Grass areas shall be planted in a species well adapted to localized growing conditions in Ontario County, New York. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.
2)
In areas where other than solid sod or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved.
3)
Replacement or over-seeding mixes shall match or compliment the original installation.
B.
Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required. The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood. For large development projects such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines. The linear feet guidelines 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. Specific requirements are as follows:
1)
At least one tree for each 40 linear feet of the perimeter of the lot; and
2)
At least one shrub for each 10 linear feet of the perimeter of the lot.
C.
Building foundations. Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers. The arrangement of said landscaping shall be arranged along the front facade as well as any facades visible from the public right-of-way. Trees and shrubs shall be provided according to the following requirements:
1)
At least one tree for each 30 linear feet of the perimeter of the building; and
2)
At least one shrub for each five linear feet of the perimeter of the building.
D.
Parking areas. Parking lots containing 10 or more spaces shall be internally landscaped and provide the following:
1)
A landscaped buffer at least 10 feet in width provided between a parking lot and the public rights-of-way;
2)
A landscaped island or median for every 10 spaces, planted with at least one tree no smaller than two-inch caliper (trunk diameter at four foot height). Large and medium shade trees (no less than eight feet in height at maturity) are recommended. Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended in parking areas;
3)
Islands and medians a minimum of eight feet wide at the shortest side to protect plant materials and ensure proper growth (see figure below);
4)
Islands utilized to separate parking stalls into groupings of not more than 20 spaces between islands (see figure below); and
5)
Parking lots broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks (see figure below).
 |
E.
Screening requirements.
1)
A fence without landscaping shall not be considered a buffer.
2)
A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity from adjacent properties. If there is insufficient space to accommodate a 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 in height.
§ 325-54.7 Landscaping maintenance.
It shall be the responsibility of the property owner and/or lessee to maintain the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping.
A.
Maintenance shall include, but not be limited to; watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
B.
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved by the Code Enforcement Officer.
C.
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
D.
Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.
§ 325-54.8 Screening of dumpsters, service areas and mechanicals.
In any district, all dumpsters, service areas or mechanical units used or intended to be used for any building or land use other than one-family and two-family dwelling units, shall be subject to the following:
A.
All dumpsters, service areas and mechanicals must be located behind the front building line; and
B.
All dumpsters, service areas and mechanicals shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier from adjacent properties and the public right-of-way. Said barrier shall be a height of at least five feet above grade level on all sides where the adjacent land is in a residential district or a residential use.
§ 325-54.9 Buffering of nonresidential uses.
Where any nonresidential use abuts a residential use or district, including off-street parking areas, a landscaped buffer of at least five feet in width shall be provided. Such buffer shall include one or any combination of the following screening as approved in site plan review. The requirements may be modified by the Planning Board if deemed necessary to fulfil the purpose and intent of these regulations.
A.
A landscaped earthen berm a minimum of two feet high plus plantings a minimum of two feet high (a total of four feet high).
B.
A decorative concrete or masonry wall.
C.
A wood, vinyl, tubular steel, or similar fence compatible with the character of the area in which the fence is to be placed. Fences or walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.
D.
A compact hedge or other live vegetative barrier.
§ 325-55.1 Intent and purpose.
A.
The Town Board of Manchester finds that proper outdoor lighting is necessary for the safety of motorists and pedestrians as well as aiding in police functions and reducing crime. The Board also finds that the proper design and use of outdoor lighting will ensure a nighttime appearance consistent with overall community goals of enhancing the attractiveness of businesses, industry, streets and other portions of the environment.
B.
The purpose of this section 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 section will allow for reasonably uniform illumination levels in the community.
C.
It is also declared to be the purpose of these regulations to provide more specific guidelines for site plan applications and standards in regard to lighting, in order to maximize the effectiveness of site lighting as required to be reviewed by the Planning Board.
§ 325-55.2 Authority.
The Town of Manchester Planning Board is hereby empowered to review illumination design plans for site plan development within the Town of Manchester, to ensure adherence to the New York State Uniform Fire Prevention and Building Code, International Building Code, this article, and all other applicable, local, state, and federal laws.
§ 325-55.3 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 repair or maintenance.
§ 325-55.4 Approvals required.
For uses which require a site plan review, the Planning Board may require a lighting site plan to be submitted showing the location, number, type/style, mounting height, and lighting levels produced on the ground (i.e., photometric report). All other uses shall conform to the general requirements contained herein.
§ 325-55.5 General requirements/standards.
A.
All outdoor lighting shall be shielded or otherwise contained so as not to exceed 0.5 footcandle from the property line on which the light originates.
B.
Average levels of illumination for all building, landscaping, and parking shall not exceed the levels set forth and shall not encroach or trespass upon adjacent properties and shall be so arranged as to prevent direct glare onto any adjacent property or highway. Illumination design should establish a hierarchy of lighting to ensure a smooth transition from bright areas to those with subdued lighting.
C.
Exterior lighting fixtures on commercial, industrial, institutional, and multiple-family 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.
D.
Lighting, except as required for security, shall be extinguished during non-operating 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.
§ 325-55.6 Specific requirements/standards.
A.
Lighting fixtures. All light fixtures are subject to the following standards:
1)
All exterior lighting fixtures shall be dark sky compliant.
2)
Street and commercial lighting fixtures throughout residential districts should be distinctive and pedestrian-scaled at a minimum of 10 feet but no more than 15 feet in height). Parking lots light fixtures should not exceed 15 to 20 feet in height.
3)
Lighting fixtures should be compatible with the architectural style and other features of adjacent buildings.
4)
Lighting fixtures should be of a consistent architectural style and utilize a design that allows light trespass to be fully shielded or fully cutoff.
5)
Lighting plans, ISO footcandle levels, and light planes including the height and placement of all lights.
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. Parking and circulation lighting fixtures are required to have 90° cutoff type luminaire(s) to prevent light above the fixture. Site plan shall be required for all lighting with parking of over five vehicles or site application greater than 20,000 square feet.
C.
Wall pack units. Wall-pack units are required to be opaque shielded or have optics that provide a cutoff angle of 70° or less.
D.
Spot or flood type lighting. Spot or flood type lighting attached to a structure shall not exceed 20 feet in height and have cutoff angle shields of 70° or more.
E.
Canopy and roof overhang. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.
F.
Outdoor signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign and shall be shielded or directed in such a way that the light illuminates the sign only. Internal illumination of a sign shall be concealed behind opaque, translucent, or other similar types of glass or plastic. Signs may be externally illuminated using incandescent or florescent sources and/or metal halide sources. Such sources not exceeding 150 watts may be used for exterior sign illumination by a special permit. Self-illuminated exterior signs shall not be permitted.
G.
Bottom-mounted or up-lighting. To minimize unnecessary lighting, up-lighting shall be allowed for approved flagpoles and signage only. (See Article 52, Sign Regulations.) Illumination shall be directed solely onto the object for which it is intended.
H.
Security cameras. Facilities which employ security cameras may employ appropriate lighting to ensure proper function during all times when such cameras are in use.
§ 325-55.7 Color rendition.
A.
Color rendition shall be considered in approving lighting designs. The following lamps are listed in order of preference.
1)
Light emitting diode (LED).
2)
Metal halide.
3)
High pressure sodium.
4)
Low pressure sodium.
B.
A preference will also be shown for the use of similar lamp types on a site. The use of different lamps with wide separations in color rendition will require appropriate documentation.
C.
Lighting shall be white or amber in color. No lighting shall have a color temperature exceeding 4,000 Kelvins.
§ 325-55.8 Light trespass.
A.
Light trespass shall be limited to the following:
1)
In all zoning districts, at the pavement edge of adjoining public roads: a maximum of 0.5 footcandle, except for site access points where a maximum of one footcandle at the pavement edge is permitted.
2)
Residential districts and where an adjacent property is in a residential district: a maximum of 0.2 footcandle 25 feet beyond the property line or at the dwelling unit, whichever is less.
3)
Nonresidential districts. Light trespass shall be based upon adjoining uses and light levels to ensure that IESNA standards are not exceeded.
B.
In all zoning districts illumination shall not trespass upon the public right-of-way, highway or neighboring roadways or night sky.
§ 325-55.9 Exemptions.
The following types of outdoor lighting are exempt from this regulation unless otherwise specified:
A.
Street lighting installed by the Town, Ontario 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.
§ 325-55.10 Nonconforming lighting.
All outdoor lighting lawfully existing prior to the effective date of this chapter shall be deemed conforming to this section except that:
A.
No installation of new luminaries (e.g., fixture and bulbs) shall be permitted unless in conformance to this section.
B.
All outdoor lighting that, in the opinion of the Code Enforcement Officer (CEO), is causing a glare on adjoining roadways or properties shall be required to submit lighting details to the CEO showing that the existing lighting meets the requirements of this section or how such lighting will be brought into conformance. Any outdoor lighting fixture, with the exception of incandescent fixtures up to 150-watt intensity per light source, shall be shielded from above in such a manner that:
1)
The edge of the shield is below the light source.
2)
Direct rays of the light source are confined to the property boundaries.
3)
Direct rays are prevented from escaping toward the sky.
C.
For the purpose of these provisions, "light source" includes any refractor, reflector or globe.
D.
To address safety issues and/or complaints a review and report by the New York State Department of Transportation Utilities company study and report or engineering plan or study may be required of all lighting for all sites by the Planning Board as part of site plan review or by the Code Enforcement Officer for enforcement.
§ 325-55.11 Prohibited lighting.
The following types of outdoor lighting shall be prohibited within the Town, unless otherwise specified:
A.
Blinking, flashing, strobe or search lights.
B.
Exposed strip lighting used to illuminate building facades or signs.
C.
Any light that may be confused with or construed as a traffic control device.
D.
Roof-mounted lighting.
E.
Mercury vapor lighting.
§ 325-55.12 Temporary lighting.
A.
Temporary lighting shall be for a period of less than seven days for the following:
1)
Civic uses.
2)
Carnival, fair, circus.
3)
Construction or emergency. Such lighting shall be discontinued immediately upon completion of construction work or abatement of the emergency necessitating lighting.
B.
Lighting associated with agricultural operations within an established New York State Agricultural District shall be exempt from these provisions.
§ 325-55.13 Lighting plan submittal requirements.
A.
All development applications subject to the site plan review with outdoor lighting components shall include a lighting plan in accordance with this section.
B.
A lighting plan shall be provided showing conformity with standards contained in this section. Such plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance, and glare control options, if any, for each light source and area. Illuminance may be plotted by using manufacturer's photometric charts or the Planning Board may require ISO footcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section.
C.
Additions or changes to an approved lighting plan shall be considered under site plan review and a public hearing may be held at the option of the Planning Board.
D.
All other uses documentation as required and determined by the Code or Zoning Enforcement Officer to show conformance with the standards set forth in this section.
§ 325-55.14 Expiration of approval.
A.
Lighting site plan application shall expire if development and/or continuous activity is not commenced within one year or of the date of approval. Extensions are subject to approval process by the Planning Board only after a review for a material change to the original proposal or surrounding land uses which may introduce new information.
B.
Approval of any final illumination site plan or lighting portion thereof shall expire unless a building permit or certificate of occupancy or certificate of compliance is applied for within a period of one year from the date of the signing of the final site plan by the Planning Board, except where staging of development over a longer period has been specifically provided for at the time of site plan approval. The Planning Board may extend the site plan approval for not more than two six-month periods.
§ 325-56.1 Applicability.
The following standards and guidelines shall apply to all nonresidential, multiple-family (over four units), and mixed-use development within the Town.
§ 325-56.2 Purpose and intent.
The purpose of these design guidelines and standards is to describe the desired future development pattern, form, massing, site layout and architectural detailing for nonresidential development within the Town of Manchester. It is important for the Town to have established design standards that guide development and ensure safe and efficient circulation in both its rural and small-town development contexts, from the vast expanse of agricultural lands to denser activity areas in Port Gibson and near to the Villages of Manchester, Shortsville, and Clifton Springs. Given the varied character of the Town, there is a need for clear standards that meet the goals and objectives of the community while still allowing for flexibility and creativity. These standards will provide the necessary regulatory guidance and framework for high-quality development while still allowing flexible design alternatives.
§ 325-56.3 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 inviting, attractive buildings, sites, open spaces, and streetscapes.
B.
Develop office and industrial parks to resemble a campus-like environment that incorporates open space and pedestrian amenities where appropriate.
C.
Require that future private development positively contribute to the public realm and ensure compatibility with surrounding developments so as not to detract from the overall streetscape and character of the area.
D.
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.
E.
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
F.
Ensure that new development building and site design does not negatively impact adjacent residential uses, respecting their existing scale and character.
§ 325-56.4 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.
Site layout. The layout of all improvements must be designed to generally follow the existing topography of the site. The layout of roads, walkways and building footprints must be aligned with existing contours where practical, with limited connecting streets or walkways aligned perpendicular to existing slopes.
B.
Sense of entry. Intersections create natural opportunities for gateways, which can be enhanced through a combination of landscaping, welcome/identity signage, framed views, and focal points. Signage and focal points, if included, must be used in ways that complement rather than obstruct or detract from important views.
C.
Views. The Town's rural viewsheds play an especially large role in shaping the character of the community. Existing view corridors should be respected and protected. New construction and landscaping must take into account how views may be affected. Protecting views experienced from points of entry to the Town and along major roadways is important. The Planning Board shall help determine the significance of a view corridor or viewshed as part of site plan review.
D.
Projects with multiple buildings.
1)
Projects with multiple buildings, such as plazas with out-lot or outparcel development, shall be sited with pedestrian connections between structures, parking areas, and adjacent uses.
2)
Multiple structures shall be placed in a fashion that creates a well-organized, accessible, and functional site. The Town encourages site layouts that create a unique sense of place and do not result in large parking lots lacking landscaping or pedestrian accommodations.
§ 325-56.5 Architectural standards.
A.
Building form and massing.
1)
A single, large, dominant building mass shall be avoided.
2)
No facade shall have a blank, uninterrupted length exceeding 40 feet without including architectural features such as columns, pilasters, piers, or changes in plane, in texture or masonry pattern, storefronts and entry treatments, or equivalent design element that subdivides the wall into visually interesting proportions (see below).
 |
3)
Buildings situated at street corners should "wrap" the corner by continuing facade design elements on all street elevations (see above).
B.
Architectural design.
1)
All structures shall have a visible roofline. Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of articulation to the architectural expression of the building.
2)
The choice of design elements and their scale, height, proportion, and mass should draw from design cues provided by the rural character of the Town.
3)
Buildings designed to advertise or promote a uniform corporate image in a manner that may render the building undesirable or unable to reasonably accommodate future uses shall be prohibited.
4)
All buildings shall exhibit a clearly defined base, mid-section, and crown. This can be accomplished using a combination of architectural details, materials, textures, and colors (see graphics below).
  |
C.
Windows.
1)
Windows shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
2)
Window openings should be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board, vinyl) to provide added definition and interest to the overall facade.
3)
All primary facades, or those fronting public streets and rights-of-way, shall observe a minimum transparency requirement of 30% in the area between two and eight feet above ground level (see below).
 |
D.
Doors and entryways.
1)
Doors and entryways shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
2)
Commercial and mixed-use buildings shall have a transparent primary entryway that will be considered as part of the overall transparency requirement for the building frontage.
3)
Entryways shall be detailed and identifiable by the general public through the use of decorative trim, moldings, overhangs, and other defining architectural features such that its purpose as the primary entrance is evident from the street. The same treatment is encouraged for all secondary entryways near parking locations.
E.
High Quality Materials.
1)
Along street frontages, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finishing wood, stucco (EIFS) and glass.
2)
Finishes that are intended or designed to reflect light and glare, as well as vertical aluminum or metal siding shall not be permitted.
3)
No more than three exterior wall materials should be used on any one side of a building.
4)
Material changes at the outside corners or in a plane should be avoided.
5)
Concrete finishes or pre-cast concrete panels that are not exposed aggregate, hammered, embossed, imprinted, sandblasted, or covered with a cement-based acrylic coating shall not be used as exterior building materials and shall be prohibited on all exterior walls.
6)
Standard masonry block walls shall be prohibited on exterior walls containing primary entryways and walls facing a street or drive.
7)
Decorative masonry materials such as split face and textured finished blocks shall be considered an acceptable alternative to stone, brick, finishing wood, stucco (EIFS) or glass.
F.
Green infrastructure and building design.
1)
Alternative energy sources, such as rooftop solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
2)
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing on at least 50% of the roof area. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
3)
The Planning Board may approve an increase in the share of lot coverage for developments that incorporate green roofing materials to their satisfaction.
§ 325-56.6 Transitions between nonresidential and residential uses.
A.
Applicability. All nonresidential uses and multiple-family dwellings shall employ similar building and site design standards to ensure compatibility with adjacent residential development. These requirements shall be in addition to the design standards and guidelines of this article and requirements set forth by this chapter for landscaping, screening, and buffering of uses.
B.
Requirements. To the maximum extent practicable, nonresidential and multiple-family development shall incorporate at least two of the following techniques when developed adjacent to an existing residential use:
1)
Similar building setback;
2)
Similar building height;
3)
Similar roof form; or
4)
Similar exterior materials.
C.
Waiver of requirements. During site plan review, the Planning Board may waive the requirements of this section if it is determined that the application of such criteria is not necessary to protect the character and quality of life of the neighborhood as well as public health, safety, and welfare.