Ontario City Zoning Code
ARTICLE XIV
Site Plan Review Uses
§ 150-35 Intent.
The intent of this article is to provide for the review of site plans for certain land use activities in the Town of Ontario for the purpose of preserving and enhancing the character of a neighborhood, achieving compatibility with adjacent development, mitigating potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improving the overall visual and aesthetic quality of the Town and increasing the capability of this zoning chapter to adapt to a variety of unique circumstances.
§ 150-36 Applicability.
A.
Any land use or activity requiring site plan review and approval by the Town Planning Board shall comply with the provisions of this Article XIV. No building or use permit shall be issued by the Code Enforcement Officer until approval of such site plan, with or without conditions, has been given by the Planning Board.
B.
All land uses and/or activities shall require an approved site plan, except for the following:
(1)
Accessory structure.
(2)
Building-integrated, roof-mounted and small-scale ground-mounted solar energy system.
(3)
Enclosed storage as an accessory use.
(4)
Farm.
(5)
Newspaper vending machine.
(6)
Private boat, travel or camp trailer.
(7)
Private garage.
(8)
Roadside stand.
(9)
Satellite dish.
(10)
Short-wave/ham radio antenna.
(11)
Sign.
(12)
Winery.
§ 150-37 Objectives of site plan review.
In reviewing an application for site plan approval, the Planning Board must find that the application meets the following criteria:
A.
A harmonious relationship between such land use activity and uses located on adjacent lots and in adjacent zoning districts.
B.
The safety of vehicular access and egress from the site to existing and proposed roads.
C.
The effectiveness of on-site circulation and parking facilities, with particular attention to pedestrian and vehicular safety.
D.
The adequacy of landscaping and setbacks as a way of mitigating adverse environmental impacts and achieving compatibility with adjacent property.
E.
An adequate solution to the question of surface water drainage and the provision of water and sewer services.
§ 150-38 Procedure.
A.
Presubmission conference. Prior to the preparation of a site plan for presentation to the Planning Board in its final form, the applicant may prepare a sketch plan and meet informally with a member(s) of the Board or designee to consider the specifics of the proposed use or development, the character of the neighborhood, special features of the site and any environmental concerns. Such sketch plan should be submitted five calendar days prior to a Planning Board meeting, with sufficient information to enable a clear understanding of the proposal.
B.
Final site plan.
(1)
A final site plan shall be submitted to the Planning Board at least 21 calendar days prior to the meeting at which consideration of such plan is to be given if the plan has county implications. The plan shall contain the following information, as applicable:
(a)
Location, name and address of the owner; name of the plan designer and engineer (if any) working on the proposed project.
(b)
Identification map showing the location of the site in the Town of Ontario and relationship to the existing road system.
(c)
Scale, North arrow and date and present zoning and setback requirements.
(d)
Identification of property owners and existing land uses for all abutting sites and showing existing property lines, rights-of-way and easements.
(e)
Existing and proposed buildings, including the approximate location of parking on and access to the proposed site and to abutting properties. Common drives on property lines are encouraged.
(f)
The location of all wetlands and land located in the 100-year floodplain.
(g)
Indication of existing and proposed topography and drainage systems for the site. When this is a consideration due to topography or low land, a topographic survey and drainage plan may be required by the Planning Board before action is taken.
(h)
Any engineering drawings or documentation that may be required for utility hookups, septic tank installations or public improvements.
(i)
Landscaping.
[1]
In Business Transitional (BT), Business (B), Industrial (I), Public Utility and Adult Entertainment (AE) Districts, existing major vegetation (trees and shrubs) and indication of proposed landscaping treatment, including species, sizes and approximate locations.
[2]
In Business Transitional (BT), Business (B), Urban Residential (UR) on Route 104, Industrial (I), PUD, Public Utility and Adult Entertainment (AE) Districts, a green space shall be required that shall begin at the road right-of-way property line and run parallel to it, excluding the exit and entry only. Such green space shall be of a reasonable width so as to provide suitable screening and enhance the overall quality of the site. There shall be no displays within the green space, and it shall be maintained. One freestanding sign with menus is permitted within the green space. Behind the front setback there shall be no cutting of existing trees over six inches in diameter within 10 feet of property lines. If such cutting is necessary, such tree will be replaced.
(j)
Drawings or sketches that illustrate the height, bulk and design characteristics of any proposed buildings in B, BT, I, PUD, Public Utility and Adult Entertainment Districts shall indicate exterior color and primary materials to be used, for information purposes only.
(k)
Narrative description of how the proposed building, land use or site design will fit into the surrounding neighborhood.
(l)
Sketches indicating the location, size and design of any sign or site lighting to be used on the proposed site.
(m)
Any other information that may be reasonably required by the Planning Board to explain the proposal.
(2)
Any of the above final plat requirements may be waived or modified by the Planning Board when conditions warrant. Documentation of such waivers shall be included, in writing, in the records of the application.
C.
Planning Board review. The Planning Board shall review the application, in accordance with the procedures required by New York State Town Law provisions, to determine compliance of the plans with the requirements set forth in this § 150-38.
D.
Standards for approval of site plans.
(1)
In reviewing applications for approval of site plans, the Planning Board will be guided by the existing characteristics and conditions of the site and its surroundings and the particular requirements of the applicant. Elements of concern will include, but not be limited to, the following:
(a)
Movement of vehicles and people.
(b)
Public safety and the adequacy of public utilities services needed at the site.
(c)
Off-street parking and the access and egress thereto, including the adequacy of existing roads to serve the proposed project.
(d)
Lot size, density, setbacks, building size, coverage and height. Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(e)
Site drainage, landscaping, buffering, views or visual character.
(f)
Signs and site lighting.
(g)
Architectural features, materials and colors.
(h)
Compatibility with the general character of the neighborhood.
(i)
Other considerations that may reasonably be related to health, safety and general welfare.
(2)
Other performance standards may be established by the Planning Board from time to time to be used as guidelines in the site plan review process. Such standards will be applicable to all applications for site plan review.
E.
Environmental assessment. If, in the judgment of the Planning Board, approval of a proposed land use activity over which it has jurisdiction for site plan approval could have a significant environmental impact, no final approval shall be given until the environmental requirements set forth in Part 617 of the State Environmental Quality Review Act[2] have been complied with.
[2]
Editor's Note: See 6 NYCRR Part 617.
§ 150-39 Duration of site plan approvals.
A site plan approval granted pursuant to the provisions of this article shall expire three years from the date granted unless a building permit or conditional certificate of occupancy for such site has been issued by the Code Enforcement Officer within such three-year time period.