(a)

Purpose. The I institutional campus district is intended to accommodate large institutional uses, such as healthcare institutions and schools, to allow for their expansion in a planned manner while protecting the surrounding neighborhoods.

(b)

Uses. Article XII lists permitted and special principal uses and temporary uses for the institutional campus district.

(c)

Dimensional standards. Table 80-10-1: I district dimensional standards establishes the dimensional standards for the I district, unless an institutional master plan is approved. These regulations apply to all uses within each district unless a different standard is listed for a specific use.

(Ord. No. 9301A, 9-26-18)

(a)

Purpose. The AA airport approach district is intended to protect airspace in the potential aircraft approach routes to Griffiss Airport, Oneida County Airport, and private airports.

(b)

Uses. Article XII lists permitted and special principal uses and temporary uses for the airport approach district.

(c)

Dimensional standards. Table 80-10-2: AA district dimensional standards establishes the dimensional standards for the airport approach district. These regulations apply to all uses within each district unless a different standard is listed for a specific use or in this section.

(d)

General district regulations. All development is subject to the standards of this article for the applicable zoning district and the standards of this code, including, but not limited to:

i.

Article XIII for additional development standards and requirements, such as exterior lighting, accessory structures and uses, and permitted encroachments.

ii.

Article XIV for off-street parking and loading standards and requirements.

iii.

Article XV for landscape and tree preservation standards and requirements.

iv.

Article XVI for sign standards.

(Ord. No. 9301A, 9-26-18)

(a)

Purpose. The SS outdoor scrap and salvage district is intended to provide a location for outdoor facilities that process and store scrap and recycling materials.

(b)

Uses.

i.

Permitted uses.

a.

Energy systems.

ii.

Special uses.

a.

Outdoor automobile junkyards, outdoor scrapyards, and other outdoor uses similar in nature, subject to the city scrap and salvage ordinance.

iii.

Accessory uses.

a.

Accessory uses or structures customarily incidental to uses allowed in the district.

(c)

Dimensional standards. Table 80-10-3: SS district dimensional standards establishes the dimensional standards for the scrap and salvage district. These regulations apply to all uses within each district unless a different standard is listed for a specific use or in this section.

(Ord. No. 9301A, 9-26-18)

(a)

Purpose. The NPH natural products and hazards district is intended to provide a tool to rezone appropriate sites for potentially disruptive or hazardous uses, such as natural resource extraction and waste disposal, while protecting residential uses and the natural resources of the city.

(b)

Uses.

i.

Permitted uses.

a.

None.

ii.

Special uses.

a.

Mining.

b.

Publicly-owned solid waste landfills.

c.

Hydroelectric power generation.

d.

Meat processing plant or pet food manufacturing, subject to the following:

(1)

A NYS design professional odor management analysis of the facility's odor generation must be conducted and provided to the zoning board of appeals, which must include the means and methods of odor control to be instituted. The zoning board of appeals will, in its sole discretion, make a final determination as to whether or not said analysis sufficiently demonstrates the effectiveness of the means and methods of odor control to be instituted. If the means and methods identified require the design and installation of mechanical systems, these systems shall be engineered to guarantee that odor is controlled within the confines of the parcel. The final engineered solution, if required, must be included within the planning board site plan review application materials. The odor management analysis and basis of design for the mechanical system must be based on the plants maximum operational capacity.

(2)

A detailed waste (organic and inorganic) and rendering removal plan, including, but not limited to: identification of holding, removal, and transportation means and methods. Animal waste, rendering, or waste-slaughter by-products must be disposed of/removed within 48 hours of being produced, unless more stringent or quicker time-frames are mandated by the state or federal agency having jurisdiction over such facilities. All waste, renderings, or by-products produced on-site must be stored in air-tight containers in the interior of the building.

(3)

There must be no exterior off-loading or storage of animals. All animals must be transported, stored, and penned inside the building, and all processing activities must be performed wholly within the enclosure of the building envelope. There must be no exterior off-loading or storage of any organic or inorganic materials. All materials must be transported, stored, and all processing activities must be performed wholly within the enclosure of the building envelope.

(4)

Traffic ingress/egress and identification of parking for delivery trucks, employees, and customers must be part of the site plan review application materials.

(5)

Screening and buffering is required to be identified to the satisfaction of the codes enforcement officer and must be consistent with regulations of this code.

(6)

Nuisance factor, such as noise and odor, will be enforced consistent with the provisions of this code, or as otherwise mandated by any state or federal agency having jurisdiction and authority over such use.

(7)

The property upon which the meat processing plant is to be situated must be a minimum of 500 feet from any residentially zoned lot line.

(8)

In an AG district, the parcel upon must be a minimum of five acres.

(9)

The plant must be serviced by municipal water and sewer utilities, and the utilities must be adequate, in the discretion of the commissioner of public works, to service the proposed use.

(10)

The special use permit must contain a provision that failure to adhere to the applicable conditions and standards will subject the property owner, lessee, and/or other person or entity having control of the property to the penalty provision set forth at Rome Code of Ordinances, section 1-15.

iii.

Accessory uses.

a.

Accessory uses or structures customarily incidental to uses allowed in the district.

(c)

Dimensional standards. Table 80-10-4: NPH district dimensional standards establishes the dimensional standards for the natural products and hazards district. These regulations apply to all uses within each district unless a different standard is listed for a specific use or in this section.

(d)

NPH district exceptions. The following operations and uses are exempt from the application of this district:

i.

General construction exception.

a.

Nothing prohibits excavation incidental to construction of a driveway, private road, walk, wall, or building, or part of one or accessory to, where required building permits have been issued and where the excavation occurs on the same or contiguous parcel as the construction. In cases of a real estate subdivision, the cut and fill of on-site soils are expected to be in balance and not hauled off the building site, except as provided below. Provisions must be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered with fill within the first growing season following the start of such operation.

b.

In the case of grading in conjunction with an approved subdivision or site plan where an NYS DEC mining permit is not required and where 100 cubic yards or less of soil is to be removed from the site, a grading permit is required, which must be issued by the codes enforcement officer.

ii.

General farming exception. Nothing prohibits excavation for the purpose of moving topsoil, soil, or earth from one location to another location on the same or contiguous parcel for grading, improving, or draining the land, provided that the excavation is necessary for, or accessory to, farming operations.

iii.

Sewage disposal and underground storage tanks. Nothing prohibits excavation for sewage disposal systems or underground storage tanks.

iv.

Fire and farm pond exception. Nothing prohibits construction of private fire and farm ponds with a tributary drainage area of less than one square mile, farm ditches, and fire ponds. However, construction must meet all criteria required by the NYS DEC concerning classified waterways.

v.

Mines less than 100 cubic yards. The extraction and removal off-site of less than 100 cubic yards within 12 consecutive months does not require a permit.

(e)

District location restriction. An NPH district is prohibited within a wetlands area designated by the state environment conservation department (DEC) or the United States Army Corps of Engineers or in an area that has been designated a critical environmental area (CEA).

(f)

Requirements and procedures for rezoning.

i.

An application for rezoning to an NPH district must be made in accordance with the provisions of this article and the zoning amendment requirements of this code.

ii.

Approval by the state of a permit for a use allowed in the NPH district does not constitute approval by the city for a map amendment.

iii.

The process for compliance with the State Environmental Quality Review (SEQRA), Environmental Conservation Law and regulations as required by this code for the proposed rezoning is independent of that which is required in accordance with an application to the state for a permit to operate a specific use in the NPH district. The common council will serve as lead agency under SEQRA with respect to the application for rezoning. Notwithstanding any other provisions of the City Code to the contrary, including provisions setting time limitations for the taking of actions, the common council is not required to take any action with respect to an application for the establishment of an NPH district if an application is not complete; provided, however, that nothing in this subsection may be construed to require the city to take action merely because an application is complete. An application for rezoning is complete upon the earlier of:

a.

The date that the common council, as lead agency, determines that a draft environmental impact statement (DEIS) must be dispensed with and the negative declaration is issued upon finding that the proposal will not significantly affect the environment.

b.

The date that a DEIS has been filed and accepted by the lead agency as satisfactory in scope and content.

iv.

An application for amendment, together with a metes and bounds description of the parcels for which rezoning is sought, must be submitted by the applicant to the city clerk. The applicant must furnish the city with a copy of the application for any permits that the applicant plans to submit to NYS DEC.

v.

The city clerk must transmit the application to the common council, which will determine whether or not it will entertain the application for rezoning. The council's decision not to entertain the request for rezoning is not subject to the SEQRA process (6 NYCRR 617.3(d)). In the event that the common council determines that it will entertain the application, it will refer the application, environmental assessment form, and all other supporting documentation filed by the applicant to the planning board for its recommendation as to the classification of the action under SEQRA.

vi.

Upon receipt of the classification recommendation of the planning board, the common council must conduct a coordinated review of the application for SEQRA purposes. After making a determination of significance, and after determining the application is complete, the common council must refer the application to the planning board.

vii.

Any applicant seeking to rezone an area to the NPH district has the burden of demonstrating to the satisfaction of the common council that the criteria specified herein have been met. Prior to the city incurring any extraordinary costs necessary for its deliberations and chargeable to the applicant, the planning board or the common council must advise the applicant of said costs and obtain the applicant's agreement to bear such costs. In addition, the applicant must procure and provide other data, such as surveys and maps, which may be required. The applicant must also furnish the planning board with all information in his/her possession that might affect its decision.

(g)

Review criteria for rezoning.

i.

The planning board, before making its recommendation, and the common council, before making its determination, must assess the effect of the proposed rezoning on the general health, safety, and welfare of residents.

ii.

The city's determination must consider, but not be limited to, the following:

a.

Impact on local traffic.

b.

Aesthetic and natural environment of the area and surrounding areas.

c.

Impact upon groundwater, residential, or commercial water supply, drainage, nearby wetlands, and nearby critical environmental areas.

d.

Impact on contiguous landowners.

e.

The character and compatibility with surrounding land uses before, during and after the proposed operations.

f.

Proposed buffers, setbacks from adjoining landowners, hours of operations and operational procedures to lessen dust, noise and visual impact.

iii.

The planning board and the common council must also consider whether the proposed rezoning would result in an operation with:

a.

Setbacks closer than: 100 feet from roads and 250 feet from property lines; 500 feet from occupied structures; 1,000 feet from existing homes, schools, playgrounds, or public gathering places; and 500 feet from a designated wetland or critical environmental area. An owner-occupied residential structure within a NPH District applicant is exempt from the setback requirements.

b.

Sand or gravel processing equipment within 1,000 feet of any non-owner-operator residence, school, playground, or public gathering place.

iv.

The NPH district is intended to be the land use zoning classification for proposed operations only during the period of time when such uses are in operation. After completion of said operations, including reclamation efforts for a mining use, or non-use for a one-year period, the district must revert back to the pre-application land use district.

v.

If an application for rezoning of a parcel of land to an NPH district is denied, reapplication for same parcel cannot be entertained for a one-year period from the date of disapproval.

(h)

Special permit requirement. Before granting a special use permit for a proposed use within an NPH district, the board of appeals must determine that:

i.

All lands to be covered by the permit are owned, leased, rented, or otherwise controlled by the applicant.

ii.

The proposed use will not endanger the stability of adjacent structures nor constitute a detriment to public health, safety, or welfare by reason of excessive dust, noise, traffic, or other conditions before, during or after operation.

iii.

The operation will not substantially encircle any residential or other use without the written consent of the owners and residents.

iv.

The operation will not adversely affect any wetland, watercourse, or residential, commercial, or municipal water supply or sewage disposal system.

v.

The operation will not adversely affect any valuable environmental, cultural, or historic features in the area.

vi.

Whether screening is required in such a manner as to screen all activities from public view to the extent feasible.

vii.

No NPH district operation-related activities will be conducted within:

a.

One thousand feet of any residence.

b.

One thousand feet of any school, playground, or public gathering place.

c.

Five hundred feet of any designated wetlands as determined by NYSDEC.

d.

One hundred feet of any right-of-way.

e.

Two hundred and fifty feet of any property line or boundary.

viii.

The slope of material in such topsoil, sand gravel, clay, and other earth cannot exceed the normal angle of repose of such material.

ix.

No mining or other mine-related activities will be conducted on Sundays or holidays, nor between the hours of 7:00 p.m. and 7:00 a.m. on Mondays through Saturdays. Further restrictions may be placed on the permit, as may be deemed in the best interest of the public as determined by the board of appeals.

x.

Appropriate transportation facilities, including roads and bridges, exist, or can be economically provided, to safely transport natural products mined within the city.

(i)

Additional special use permit requirements.

i.

The board of appeals may impose conditions on a special use in its issuance of a special permit that, in its opinion, are reasonable and necessary to promote the health, safety, and welfare of the community, including preservation of the general character of the neighborhood in which the use is located. By the way of illustration and not limitation, such a condition could restrict the hours of operation of any special use.

ii.

If the board of appeals determines that proposed change or modification to an existing special use is substantial, the board of appeals must hold a public hearing as if for a new special use. A change or modification will be deemed substantial if the proposal significantly changes the use, design, character, or potential impacts of the existing lot or structure.

iii.

The board of appeals may require an annual report for any special use to ensure that the use is in compliance with all applicable requirements and conditions of approval.

iv.

Upon a determination by the board of appeals that there are sufficient grounds to warrant a review, the board of appeals may initiate a review of the operation of any special use and may call for a public hearing to determine whether the use is in compliance with applicable standards and conditions. Findings of noncompliance will result in the property owners being required to submit a compliance schedule unless the board of appeals determines there is a cause for emergency action. Any further violations will result in revocation of the special use permit.

(j)

Reclamation standards and requirements for mining operations. Before issuing a special use permit, the board of appeals must find that the reclamation plan meets the following standards and requirements.

i.

Drainage and water resource protection. All final site drainage must be designed, sloped, revegetated, or treated by other measures so that drainage patterns, including volume and outflow points, will be the same as before the mining occurred, unless an alteration of patterns would improve drainage in the surrounding area. Measures must be specified to prevent erosion and sedimentation of wetlands, watercourses, and ponds, and an erosion and sedimentation control plan recommended by the Federal Soil Conservation Service (SCS) must be approved by the board of appeals. The pre-mining quality of any underlying aquifer must be preserved.

ii.

Slopes. No slope may be left with a grade steeper than one foot vertical on three feet horizontal for gravel or its normal repose slope for other minerals.

iii.

Reclamation material. All restoration material used in the final grading of the site must be free from refuse or toxic contaminants and must be compacted as much as is practical, such as by installation in layers. Stumps, boulders, and nontoxic debris generated by any mining operation must be removed from the site and disposed of or buried and covered with a minimum of two feet of soil.

iv.

Soil cover. Final soil depths and types must be appropriate for the expected reuse specified in the application. Subsoil and topsoil must be respread over the excavated area to a minimum depth of one foot six inches of topsoil and six inches of subsoil. If the original soil depth was less than one foot, restoration must be to a minimum of the original depth. This restored soil must be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by the Federal Soil Conservation Service.

v.

Revegetation. Revegetation of the site to control dust and erosion and to restore the natural character is required. The operator must maintain the vegetation for two growing seasons to ensure viability. Standards and specifications for revegetation must be in accordance with recommendations of the Federal Soil Conservation Service approved technical guides for actual area seeding.

vi.

Bonding for reclamation. The board of appeals must require the permit holder to post a bond in an amount at least sufficient to cover the costs of the reclamation plan.

(k)

Grading permits.

i.

The codes enforcement officer is authorized to issue a grading permit for the removal of not more than 100 cubic yards of fill in conjunction with an approved subdivision or site plan where a permit is not required pursuant to the Mined Land Reclamation Law. Separate permits for a single lot must not total more than 100 cubic yards within any ten-year period. Where more than 100 cubic yards are to be removed, a special use permit is required. No excavation of soil, natural products, or rock may adversely affect natural drainage or the structural stability or safety of adjoining buildings or lands. Excavations must not create objectionable dust or noise nor create any kind of noxious or injurious substance or cause a public hazard.

ii.

No finished slope may be created with holes or hills, or which slopes down from any adjoining property steeper than one foot vertical or two feet horizontal, and no fill or embankment may be created which slopes upward from any adjacent property lines steeper than one foot vertical to three feet horizontal, unless an adequate retaining wall is constructed in accordance with plans prepared by a professional engineer licensed to practice in New York State.

(Ord. No. 9301A, 9-26-18)

(a)

General. Modern day City of Rome is located in Central New York and is the location where on July 4, 1817, the first shovel full of dirt was turned for the construction of the Erie Canal, one of the most important transportation points for people and goods along the Oneida Carrying Place. In recognition and celebration of that history, the city recreated the Erie Canal Village in 1973 as a living history museum and moved historical buildings, structures, and artifacts to the site for the public to enjoy. The city recognizes that the Erie Canal Village, a Living History Museum, is a unique institution and the pre-eminent living history museum of life along the Erie Canal. The city recognizes that for the Erie Canal Village Museum to thrive, it needs flexibility to change exhibits, educational facilities, and spaces to meet changing demands. However, at the same time, the city appreciates that the Erie Canal Village exists in a historically sensitive area which requires a focus on land preservation. The operation of a tourist facility which includes cars, buses, and pedestrians as well as onsite activities could conflict with conservation and preservation efforts in the area. To allow the Erie Canal Village Museum to thrive as an important institution in the city and to ensure harmony with the surrounding area, the city has created the Erie Canal-Oneida Carry Heritage District (HD-EC).

The HD-EC is a zone governed by this Code and the defined area shall be confined to the area known as the Erie Canal Village and the Rome Sports Hall of Fame, which said area is depicted on the included map which shall become part of the official Zoning Map of the City of Rome. The HD-EC will supersede all pre-existing zoning and design standards. Any development within the district boundaries shall be subject to the design standards in Table 80-10-5, Heritage District-Erie Canal (HD-EC) Dimensional Standards.

(b)

Purpose. The HD-EC is intended to permit museum, tourism, historical, and educational uses that preserve, protect and promote the property's historic character relative to the documented historical significance of the land within the district boundaries. This district is intended to allow for the establishment, continuation and expansion of such uses and activities in ways that will maintain and enhance education, interpretation and preservation of the history of the land and structures within the district.

(c)

Uses. Article XII lists permitted and special principal uses and temporary uses for the HD-EC.

Items to be checked in this table include:

Permitted uses:

Living history museum.

Parking lot (principal).

Conservation area.

Permitted temporary uses that would require a temporary use permit from the codes office:

Farmers market.

Temporary mobile food sales.

Temporary outdoor entertainment.

Temporary outdoor sales.

(d)

General district regulations. All development is subject to the standards of this article for the applicable zoning district and the standards of this Code, including, but not limited to:

i.

Article XIII for additional development standards and requirements, such as exterior lighting, accessory structures and uses, and permitted encroachments.

ii.

Article XIV for off-street parking and loading standards and requirements.

iii.

Article XV for landscape and tree preservation standards and requirements.

iv.

Article XVI for sign standards.

(e)

Special district regulations.

i.

Activities. All events and activities within the HD-EC shall be designed such that they are compatible with and promote the educational and interpretive purpose of this historic district. Activities that are unrelated to furthering the educational or interpretive aspect of this district and/or the living history museum, will require a temporary use permit as defined in section 80-19.8, temporary use permit.

ii.

Preservation. Land, structures, buildings, and building elements, possessing historic significance, shall be preserved, to the extent feasible. Modifications shall not compromise the historic aspect of the land and structures. The proposed modifications to existing structures shall be harmoniously related to their surroundings, to the terrain, and to the use, scale and architecture of existing structures in the district. All spaces and structures visible to the public and public roadways shall be designed to add to the visual amenities of the area, consistent with the existing appearance of the district. To prevent the destruction of possible archeological sites of state and national significance, an archeological review by a qualified archeologist in consultation with the New York State Historic Preservation Office must occur before any action on the real property would cause subsurface disturbance or excavation of the currently undisturbed soil.

(f)

Dimensional standards.

(Ord. No. 9468A, 11-10-21)