Mount Morris Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 48-23 Land conservation.
A.
Intent. The purpose of this land conservation section of the chapter is to delineate and help to protect areas in the town where substantial development of the land, including buildings or structures, may cause ecological harm or result in creating a public health or safety problem because of:
(1)
Special or unusual conditions of topography, drainage, soil permeability, floodplain or other natural conditions.
(2)
The lack of proper facilities or improvements resulting in the land's not being suitable for development at the present time.
B.
Procedure for processing zoning permits using conservation area maps. Whenever an application is made for a zoning permit in the Town of Mount Morris, the Town Zoning Officer shall proceed as follows:
(1)
Identify the approximate location of the proposed building site in the town and check to see if the site is situated in one or more of the mapped conservation areas, which is at the Zoning Officer's disposal.
(2)
If the applicant's property is found to be located well outside of any identified conservation area shown on the supplemental map, the Zoning Officer may issue a zoning permit at this time, provided that all other requirements and conditions of this chapter are met.
(3)
If the applicant's property is found to be located completely or partially within one or more of the mapped conservation areas or bordering thereon, the Zoning Officer shall accompany the applicant to the site to confirm the exact location and existing physical conditions.
C.
Special permit approval.
(1)
Special permit approval by the Town Board of Appeals shall be required for any proposed use which the Zoning Officer finds fits one or more of the following categories:
(a)
Proposed construction might result in the removal of a substantial number of healthy trees measuring 30 feet or more in height (applicable to large-scale projects only).
(b)
Proposed construction would require the filling in or draining of a natural, normally year-round swamp, marsh or otherwise wet area of approximately one acre or more.
(c)
The average slope of the proposed building site is 15% or over.
(d)
The proposed building site is situated in a floodplain delineated on a map and based on a fifty-year flood frequency established by the Army Corps of Engineers.
(e)
The proposed building site is situated in an identified prime agricultural area which is being actively used for agricultural purposes.
(f)
The proposed building site is within 100 feet of the edge of the bank of a creek [flowing on the average of six months a year], river or a lake which may flow into a creek.
(g)
The proposed building site is situated within 200 feet of an identified historical, geological or archaeological site which has been mapped for this purpose.
(h)
The proposed building site is situated on property which affords a major scenic overlook or portion thereof which has been identified and mapped for this purpose.
(2)
Should the Zoning Officer determine during his inspection of the proposed building site that none of the above eight conservation categories come into effect, then a special permit will not be required of the applicant, and the Zoning Officer shall proceed to issue a zoning permit, provided that all other requirements of this chapter are met.
§ 48-24 Planned unit development (PUD).
A.
Intent. The intent of the planned unit development provision is to provide a greater degree of flexibility for the development of large tracts of land proposed for development under a single or corporate ownership which propose to provide residential, commercial and industrial activities on the same parcel of land in a planned, controlled environment. A PUD proposal may contain both individual building sites and common property which are proposed for development as an integrated mixed land use unit. Limited retail and service commercial uses, closely related to the residential sections of a proposed planned unit development, are encouraged to provide a limited, daily convenience level of nearby shopping needs in a manner blending all land uses into an aesthetically complementary whole within the framework of the Comprehensive Plan.
B.
To implement the intent of the planned unit development provision, the following objectives must be met:
(1)
The proposed project area shall encompass a contiguous minimum land area of 50 acres in the town.
(2)
In no case shall there be less than 20% of the total land area in open space. All such land area proposed for common open space shall be offered for dedication to the Town Board.
(3)
Commercial activities shall be planned and constructed in a manner architecturally similar and complementary to the residential units within the proposed development.
(4)
A residential density ratio of eight dwelling units per gross acre shall be maintained in the PUD.
C.
Application procedure. In order for an expeditious method of processing a proposed planned unit development application, the application, in the form of a letter of intent and an accurate plan drawn to scale, shall be provided in triplicate to the Town Board. The Town Board, upon receipt of the proposal, shall send one copy to the Town Planning Board for review and recommendations. All planning, zoning and subdivision matters relating to the planning, use and development of the proposed plan shall be determined and established by the Town Board after recommendations to the Town Board by the Town Planning Board.
D.
The application shall explain and show the following information:
(1)
The location and extent of all proposed land use, including open space.
(2)
All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
(3)
The specific delineation of all uses, indicating the number of residential units and the density of each residential housing type, as well as the overall project density.
(4)
The overall water and sanitary sewer system with proposed points of attachment to existing systems, the proposed stormwater drainage system and its relation to existing systems and evidence of preliminary discussion and approval of the New York State Department of Health of the proposed sewer and water system or their recommended modifications.
(5)
A description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others according to the proposals.
(6)
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and manner of units or activities completed per phase.
(7)
Evidence, as required by the reviewing Boards, of the applicant's ability to complete the proposed planned unit development.
(8)
A description of any covenants, grants of easement or other restriction proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(9)
A written statement by the landowner setting forth the reasons why, in his opinion, the proposal would be in the public interest and would be consistent with the town goals and objectives.
E.
Factors to be considered by the Planning Board. The Planning Board's review of a preliminary development plan shall include but is not limited to the following considerations:
(1)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic control.
(2)
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3)
The location, arrangement, size and design of buildings, lighting and signs.
(4)
The location, arrangement, size and design of buildings, lighting and signs.
(5)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting visual and/or noise-deterring buffer between adjacent land uses and adjacent land.
(6)
In the case of multiple-family dwellings, the adequacy of usable open space for playgrounds and informal recreation.
(7)
The adequacy of stormwater and sanitary waste disposal facilities.
(8)
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(9)
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
F.
Within 60 days after receipt of the recommendation of the Town Planning Board, the Town Board shall hold one or more public hearings, as needed, public notice of which shall have been given in accordance with § 264 of the Town Law to determine the advisability of the proposal. The Town Board shall, within 45 days following the conclusion of the hearings, either grant approval of the PUD as submitted, grant approval of the PUD subject to specified written conditions imposed by the Town Board or deny approval of the proposal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 48-25 Moving of topsoil.
A.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, except as hereinafter specified.
B.
Any area of land consisting of more than one acre from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
§ 48-26 Additional regulations applicable to all zones.
A.
Lot for every building. Every residential building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one main building and its accessory buildings not to exceed two on one lot, except for multifamily, agricultural or nonresidential buildings in districts where such uses are permitted.
[Amended 12-21-2000 by L.L. No. 6-2000]
B.
Accessory structures. All accessory structures shall conform to the minimum yard regulations established, except as permitted below:
[Amended 12-21-2000 by L.L. No. 6-2000]
(1)
Unattached structures accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure shall not be higher than 15 feet or 1 1/2 stories (to the highest point of the roof) and may be erected within the required side and rear yard of a principal structure, provided that they conform to the following:
(a)
Distance from side lot line shall be not less than 10 feet from the side lot line, except in the case of corner lots, where the side yard as specified in supplementary regulations shall be maintained.
(b)
Distance from rear lot line shall be not less than five feet from the rear lot line.
(2)
Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with front and side yard requirements for the principal structure and shall have a minimum rear yard of at least 20 feet.
(3)
Fences and walls. Unless specifically noted, the provisions of this chapter shall not apply to fences, terraces or walls less than six feet in height above the average natural grade.
C.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the town's requirements.
D.
At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree, which is higher than three feet above curb level nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line adjoining each 30 feet distant from said intersections along said street line.
E.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
F.
All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.
G.
For the purpose of regulating the locations of accessory buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
H.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.
I.
Trailers. No person shall use or park any trailer or house car for living or sleeping quarters within the Town of Mount Morris except on a temporary basis not to exceed 10 days.
J.
Dumping of refuse, waste materials and other substances is prohibited for districts in the town except in specified areas or area designated as a town dump by the Town Board or except for the purposes of being filled to establish grades for which a permit must be obtained from the Town Board.
K.
In any district, during the construction of a dwelling, it shall be unlawful to occupy all or any part of the cellar for sleeping purposes for a period in excess of 12 months.
[Amended 12-21-2000 by L.L. No. 6-2000]
L.
All structures erected in the vicinity of an airport shall conform to the current Federal Aviation regulations.
M.
Under normal circumstances, no front yard shall be used for any open storage or other storage of boats, camping trailers, utility trailers, motorized camping vans or other equipment.
N.
Swimming pools. All swimming pools shall be considered structures and shall be set back from lot lines at least the minimum distance required for other principal buildings and structures in that district.
[Added 12-21-2000 by L.L. No. 6-2000]
(1)
If a swimming pool, as located, is within 100 feet from a dwelling other than the owner's or within 50 feet from any street or property line, the same must be completely surrounded by a fence or wall enclosure not less than four feet in height with openings, holes or gaps (exclusive of gates or doors) therein not more than four inches in one dimension, a part of which enclosure may consist of a dwelling house or accessory building. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement.
(2)
Each and every gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self-latching devices, except that the floor of any occupied dwelling house forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Building Inspector.
(3)
A single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the edge of the pool is not located closer than 10 feet to any property line measured from the pool waterline and does not occupy more than 10% of the lot area.
O.
Home gardening and greenhouses. Home gardening and accessory structures used for greenhouses are permitted in residential areas.
[Added 12-21-2000 by L.L. No. 6-2000]
P.
Farm ponds. All farm ponds should be set back 70 feet from the street line and property line. The angle of repose shall be established so that any person or animal can easily get out of the pond.
[Added 12-21-2000 by L.L. No. 6-2000]
§ 48-26.1 Additional commercial site plan review design guidelines.
During the review of the site plan by the Planning Board, the following design guidelines shall be considered and may be made conditions of the approval, where applicable:
A.
Joint access with contiguous parcels shall be encouraged. Access points to public highways shall be spaced no closer than 200 feet as measured between the nearest adjacent edges.
B.
The design of the structure and signs shall be of a compatible architectural style and treatment with the surrounding area.
C.
All fast-food restaurants shall be a minimum of 200 feet from other businesses, computed as follows:
(1)
For businesses on the same side of the street, 200 feet between the closest property lines.
(2)
For businesses on the opposite side of the street, 200 feet measured diagonally between the two closest property lines.
D.
The minimum distance of any driveway to the nearest property line shall be no less than 15 feet.
E.
The minimum distance between driveways on the site shall be no less than 65 feet measured between the two inside curbs or driveway edge.
F.
Drive-in windows must have a minimum of 10 parking spaces per window.
G.
Parking spaces shall not interfere with incoming or internal circulation of traffic.
H.
Travel trailers. No person shall park, place, or otherwise locate a travel trailer without first obtaining a permit for the same from the Code Enforcement Officer. Such permit shall be issued subject to the following:
[Added 9-15-2005 by L.L. No. 4-2005]
(1)
The trailer shall only be located in a low-density residential district.
(2)
The use of the travel trailer shall only be for temporary recreational purposes.
(3)
Permits shall only be issued for a period not to exceed 10 days.
(4)
Upon the expiration of a permit a period of 30 days must elapse before an additional temporary permit can be issued.
(5)
The application must satisfy such reasonable measures imposed by the Code Enforcement Officer in furtherance of the public health, safety and welfare.
§ 48-27 Nonconforming uses, lots and buildings.
A.
Undersized lots. A lot existing at the time of passage of this chapter which is less than the required area and width for any residential use in the residential districts (exclusive of the HR District) and which was owned or under contract for sale by persons other than those owning or leasing adjoining lots may be used for residential purposes, provided that the lot has an area and width equal to at least 60% of the required area, and provided that all minimum yard requirements can be met.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Nonconforming uses. Any preexisting legal nonconforming use may be continued, repaired, maintained and improved except as provided below:
[Amended 12-21-2000 by L.L. No. 6-2000]
(1)
Restoration. If any such nonconforming use is damaged, a permit for its restoration or reconstruction may be obtained if such application is filed within 120 days of the initial damage or destruction.
(2)
Discontinuance. No such use may be reestablished after it has been discontinued or vacated for a period of one year without permission of the Board of Appeals on good cause shown.
(3)
Change of use. A nonconforming use may be changed to another nonconforming use only if such change is more appropriate to the character of the district in which it is located, as determined by the Board of Appeals on a variance application.
(4)
Termination. Certain types of nonconforming uses or structures, which present a special nuisance or hazardous condition, shall be terminated as follows:
(a)
General nuisances. Upon a complaint registered with the Zoning Enforcement Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare or morals of persons, uses or structures adjoining such nonconforming use or uses, the Board of Appeals shall hold a public hearing and make findings of fact with respect to the alleged nuisance or hazardous condition and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board of Appeals, giving due consideration to the reasonable amortization of the capital investment in such uses.
C.
Flag lots.
[Added 12-21-2000 by L.L. No. 6-2000]
(1)
Any type of development or subdivision of an existing parcel which will create a flag lot (a parcel of land whose 250 feet of minimum lot width as required by the Town of Mount Morris Zoning Schedule does not consist of frontage on an approved roadway) will require a strip of property 80 feet in width to connect the parcel to an approved town, county or state roadway. This strip must be of sufficient topography to allow a roadway to be established that would provide access to any future building site(s) that may be placed within the landlocked parcel.
(2)
Any such access strip required for lots or development must include a building lot in front of the parcel that meets the minimum zoning requirements for the area in which it is located. Additionally, any access roadway established in the eighty-foot zone must provide a thirty-foot buffer strip between the roadway and the abutting properties. This buffer zone shall be maintained to conform to the adjacent properties.
(3)
Large (agricultural or other) parcels of land sold or transferred to new owners, thereby producing a landlocked parcel for any reason, must provide the above mentioned access strip. The access strip(s) shall be located at intervals of no less than 500 or no greater than 1,000-foot separations and be located where the topography will allow future access roads to be built. An exception to this requirement is the Route 408 Overlay, which will allow shared access to parcels of land behind businesses on the southern side of Route 408. These parcels include 106-1-15.2, 106-1-33.1, 106-1-33.2 and 106-1-12, as designated on Town Tax Maps existing in the year 2000. The access to these parcels will require a paved driveway of at least 20 feet in width and capable of allowing emergency vehicles to access the properties.