Mount Morris Town City Zoning Code
ARTICLE XI
Route 408 Eastern Gateway Overlay District
[Added 12-21-2000 by L.L. No. 6-2000]
§ 48-60 Regulations.
A.
Intent. The intent of this article is to establish the Route 408 Eastern Gateway District in order to preserve the public health, safety and welfare by preserving the agricultural value of farmland, ensure traffic safety, controlling highway access, maintain the visual character of the surrounding community and minimize potential adverse impacts of future development within the area of the Town of Mount Morris east of the Village of Mount Morris commonly known as the "Flats."
B.
District boundaries. This district shall be known as the "Route 408 Eastern Gateway District" and shall consist of lands on New York State Route 408 (Geneseo Road) bounded as follows:
(1)
Lands situated in New York, State Route 408, beginning at the Mount Morris/Groveland town line, and running westerly to the Mount Morris Village line, bounded on the north by the Genesee and Wyoming Railroad right-of-way and on the south by the stream known as the "Mount Morris Millrace."
C.
Permitted uses within the Route 408 Eastern Gateway shall be restricted to: agricultural and open space, agricultural related businesses, low-intensity office, retail sales, restaurants and food sales, retail food, general commercial, and light industrial.
D.
District regulations. The regulations in this article are applicable to this district in addition to any other law or regulation, statute or code provision of federal, state or local law. To the extent that any provision of this article is inconsistent with and more restrictive than any federal, state or local law, the provisions of this article shall supersede such other rules, laws or regulations to the extent permissible by law.
(1)
Buffer zone. On the northern side of Route 408, there shall be no development within 100 feet of the northern edge of the highway right-of-way of New York State Route 408 (Geneseo Road). This buffer zone shall be landscaped by the owners of any parcel situated thereon to create a visual buffer between proposed development and the highway.
(2)
Traffic control. Vehicular access to New York State Route 408 and traffic patterns for development within the district shall conform to the following:
(a)
South side of New York State Route 408. Road cuts shall be not less than 200 feet apart, as measured between the two nearest adjacent edges of each road cut. Adjoining parcels shall share access to Route 408 to the extent reasonably possible.
(b)
Road cuts on the northern side of Route 408 shall be limited to the two road cuts existing on the north side as of the effective date of this article and one additional road cut midway between the aforementioned existing road cuts.
(c)
Any property or development north of New York State Route 408 within the Eastern Gateway District shall be required to obtain site access from an internal service road which accesses New York State Route 408 at one of the abovementioned road cuts. The following provisions shall govern the applicability of this requirement:
[1]
Uses which existed prior to construction of any internal road system within the Eastern Gateway District shall be required to gain access to such system either when an action is proposed which requires site plan approval or within 12 months of the construction of the roadway which would serve the site, whichever occurs first.
[2]
Proposed uses to be developed after the construction of any internal road system serving the site of the proposed development shall be required to gain access via the internal road system and will not be permitted to develop any direct access to Route 408 from the site.
[3]
Principal buildings within the development site shall be designed and located so that they can accommodate and will be appropriately oriented to any existing or proposed future internal road system.
[4]
Parking areas, loading and unloading areas, as well any internal pedestrian and vehicular circulation paths, shall be designed and located to connect to the internal traffic circulation system of the District.
[5]
Cross-easements for vehicular access between adjacent properties shall be investigated, required and developed wherever feasible within the district. The nature of such easements and the design of access between properties shall take into account the requirements of connection to the internal road system developed to serve the district.
[6]
Access to the north side of Route 408 over the internal service road must be provided to adjacent and future developers of adjoining properties. This access shall conform to town standards for a type B roadway, and shall, upon the proper completion and construction thereof, be dedicated to the Town as a permanent roadway. Such dedication shall not take place until the Town Highway Supervisor has issued written certification that the highway has been constructed in accordance with all applicable standards, rules and regulations for public highways.