Victor Town Ontario County
City Zoning Code
City Zoning Code
ARTICLE IV
Provisions Applicable To All Districts
§ 211-28 Public uses.
Notwithstanding any other provisions of this chapter, buildings, structures and uses necessary and/or beneficial to the Town of Victor for public or municipal purposes are hereby permitted in any zoning district.
§ 211-29 Lot area.
No lot or any part thereof in any district shall be so reduced in size that its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
§ 211-30 Environmentally sensitive land.
No construction or impervious surface shall be permitted within 100 feet of the boundary of a wetland or within 75 feet of the center line of any stream having year-round flow as delineated on a United States Geological Survey Map.
Environmental reviews pursuant to NYCRR 617 (SEQR) or other applicable laws shall be completed prior to any project approvals.[1]
[1]
Editor's Note: Former Subsection C, Wellhead Protection Environmental Overlay District, added 2-28-1994 by L.L. No. 2-1994, which immediately followed this subsection, was repealed 7-27-1998 by L.L. No. 4-1998.
§ 211-31 Site plan review.
Prior to issuing a building permit for the construction of a building on a lot in any district, except for a one-family dwelling or residential additions or residential accessory structures less than 1,000 square feet, the Code Enforcement Officer shall refer the site plan of such lot to the Planning Board for its review and approval. This review shall include but is not limited to the following:
[Amended 2-13-1995 by L.L. No. 2-1995; 10-25-1999 by L.L. No. 10-1999]
Parking.
Means of access and traffic and compliance with sight distance and access connection spacing standards of Chapter 55, Access Management.
[Amended 8-26-2019 by L.L. No. 9-2019]
Screening.
Signs.
Landscaping.
Architectural features in accordance with the guidelines set forth in § 211-31J.
[Amended 12-30-2002 by L.L. No. 13-2002]
Locations and dimensions of buildings.
Impact of proposed use on adjacent land uses.
Storm drainage, sanitary waste disposal and water supply.
Open space provision.
Historic resources.
Fire protection.
Environmental issues.
Reservation of parkland on site plans containing residential units.
Other elements reasonably related to the health, safety and general welfare of the Town.
Any development including more than one zoned district shall comply with the more-restrictive zoned district. The applicant may apply to the Town Board for rezoning or to the Zoning Board of Appeals for a variance.
Except for one-family dwellings, residential additions, and residential accessory structures of less than 1,000 square feet and/or a height of 15 feet, no building permit shall be issued except in accordance with a site plan that has been approved by the Planning Board.
[Amended 5-22-1995 by L.L. No. 5-1995; 10-25-1999 by L.L. No. 10-1999]
Public hearing. All site plan applications require a public hearing before the Planning Board. Notice of said public hearing will be provided: 1) in a newspaper of general circulation in the Town; and 2) notice shall also be sent by the staff for the Planning Board directly to all owners of property located within 500 feet of the property subject of the site plan application. Furthermore, prior to any Board action, and in order to comprise a complete site plan application, the applicant must post a "pending action" sign within 48 hours of submission of the application to the Town. The sign shall remain until final disposition of the application.
[Added 2-13-1995 by L.L. No. 2-1995; amended 9-14-2015 by L.L. No. 8-2015]
No preapproval site work. Where a site plan application is pending before the Planning Board such that no final approval has been granted, no material changes shall be made to the property which is the subject thereof. Such prohibited material changes include, but are not limited to, clearing, grading, grubbing, filling and cutting/removing trees and deadfalls, particularly in areas proposed for conservation. Such prohibited activities shall not include maintaining the property in its current state, including lawn mowing, for example. Should the Planning Board determine that a material change to the property has been made during the pendency of the application, such application shall be deemed withdrawn. Should the applicant wish to continue to pursue such an application, the application must be resubmitted, along with the required fee, and shall accurately reflect the property in its most current, post-change state.
[Added 2-10-2014 by L.L. No. 2-2014[1]]
Site plan approval expiration.
Conditions. Where a site plan approval is granted with conditions, it shall expire 180 days from the date of the resolution granting conditional approval unless all conditions therein are satisfied. This period may be extended by the Planning Board for up to two ninety-day periods at the discretion of the Planning Board.
Building permit issuance. The applicant shall obtain a building permit for any project with site plan approval within one year from the date of the Planning Board Chairman's signature on the final plans. If a building permit is not issued within one year of Planning Board Chairman's signature, the site plan approval shall expire. The one-year period may be extended by the Planning Board for up to two ninety-day periods at the discretion of the Planning Board.
Expiration. Upon expiration of site plan approval, the site plan approval will become null and void, and the applicant will be required to resubmit a complete site plan application. In the event that a building permit expires or is canceled, the site plan approval shall expire.
Accessory structures.
[Added 10-25-1993 by L.L. No. 5-1993]
Prior to the issuance of a building permit for accessory use structures in excess of 1,000 square feet and/or exceeding 15 feet in height, the Code Enforcement Officer shall refer the site plan of such lot to the Planning Board for its review and approval.
[Amended 10-25-1999 by L.L. No. 10-1999]
No accessory structure shall be forward of the front line of the primary building.
Clearing, grading and filling of premises.
[Added 4-28-1997 by L.L. No. 9-1997]
No clearing, grading and filling activities shall henceforth be commenced on lands within the Town of Victor outside of the Village of Victor except with site plan approval under this chapter. All clearing, grading and filling activities shall obtain approval as part of the site plan application process.
All clearing, grading and filling activities commenced henceforth shall be in conformity with the provisions of this chapter and Subdivision Regulations of the Town of Victor and the Design and Construction Standards for Land Development of the Town of Victor unless specifically waived by the Planning Board.
Permanent removal of topsoil requires prior permission of the Planning Board as part of the site plan approval required by this section. Prior to said removal authorization the applicant shall demonstrate that sufficient topsoil will remain. A minimum of six inches of topsoil must remain throughout the area covered by site plan approval issued under this chapter at the end of clearing, grading or filling activities.
Site plan applications for clearing, grading and filling.
Before any clearing, grading or filling activities are commenced in the Town, an application for a site plan shall be filed with the Planning Board.
Written notice of the application being considered shall be given to all adjacent property owners at least five days prior to the Planning Board meeting.
For clearing, grading and filling activities involving less than one acre, the application shall include five copies of a grading sketch plan prepared by the applicant or his representative.
For clearing, grading or filling activities involving more than one acre, the application shall include five copies of a plan prepared by an exempted N surveyor or engineer licensed in the State of New York at a scale of one inch equals 100 feet or larger, showing the following:
North arrow.
Scale.
Boundaries of land owned by the applicant.
Proposed area to be cleared, graded and/or filled.
Physical features within 75 feet of the property boundaries.
Current land use of land in question, including zoning districts and boundaries of county agricultural district, and adjacent lands in the general area.
Existing topography at contours not exceeding five-foot intervals.
Limits of wooded areas.
Drainage features, including streams, ponds, marshes, wetlands and drainage channels.
Existing structures and improvements.
Final grading of the area proposed for restoration at a minimum of five-foot contour intervals.
Area where topsoil and overburden will be stockpiled for use in restoration.
Final surface drainage path and the location and characteristics of drainage facilities in the area proposed for restoration and in contiguous areas.
Erosion control measures and sequence of operations.
Restoration plan.
Amount of topsoil, if any, that will be permanently removed from the site.
Exemptions. The following uses, activities and operations shall be exempt from this chapter.
All excavation, clearing, grading and filling necessary and applicable to subdivisions and site plans heretofore or hereafter approved by the Town of Victor, or any of its boards or agencies.
All permitted and validly existing waste management facilities.
Excavations or fill for septic systems and wells attendant to single-family homes.
Household gardening and activities related to the maintenance of landscape features on existing developed lots.
Governmental and public utility activities to the extent such activities are exempted by law.
Surety requirements. For activities involving an area greater than one acre, surety in an amount of not less than $1,000 per acre, as recommended by the Engineer for the Town and approved by the Town Planning Board, shall be required. After the approval of the application and before the Planning Board Chairman's signature of the site plan, the applicant and each owner of record of the premises, other than the applicant, shall jointly execute and file with the Town Clerk surety in the amount approved by the Town Planning Board. The surety shall guarantee that work shall be in conformity with the approved site plan requirements and the standards set forth in this chapter, and provide funds for the restoration of the property by the Town, if necessary. Surety will be administered according to the applicable provisions outlined in Chapter 184 of the Town of Victor, § 184-14C(9), Approval of surety.
Standards for approval or denial of clearing, grading and filling applications. In approving or denying a clearing or grading site plan application, the standards and considerations taken into account shall include but not be limited to the following:
Whether the clearing and grading is in conformance to the Town Design and Construction Standards and in accord with the intent of the Town Comprehensive Plan or Master Plan.
Whether the activity will cause soil erosion or render the land unproductive or unsuitable for agricultural or development purposes.
Whether the activity will impair the aesthetic or natural environment of the site or surrounding area.
Whether the activity will affect the character of surrounding land use.
Whether the activity will impair the existing drainage.
Whether the site can be effectively restored and revegetated.
Standards for clearing and grading.
No clearing or grading activity shall be located closer than 10 feet to a public right-of-way or adjoining property line.
Any area of stockpile materials shall be sufficiently protected to prevent erosion.
Protection of existing topography and wooded areas shall be considered as much as possible.
The natural pattern of surface drainage prior to the clearing and grading activities shall not be so changed as to adversely affect adjacent properties and natural water bodies and streams.
Finished slopes shall be based on the Town's Design and Construction Standards for Land Development.
Erosion and sedimentation control measures shall be provided to protect slopes and unstable areas from erosion and to prevent the accumulation of silt and sediment in drainage systems, streams, water bodies and on downstream properties.
Time limits. The site plan, if approved, will establish the period of time in which the clearing and grading of fill shall be completed and time within which the restoration must be completed. Upon due cause being shown to the approving agent or body, an extension of time and conditions may be granted.
Stop-work orders. The Town Code Enforcement Officer shall have the right and authority to issue stop-work orders to those operating in violation of the terms of this section.
Revocation of grading site plan approval. Upon violation of any provision of this section or if, upon periodic inspection and review, activities have not been conducted in full compliance with the terms of the site plan and compliance is not effected within 10 days after written notice of the violations to the permit holder, the site plan approval may be revoked by authority of the approving agent. The Town shall thereafter also have the right to do or cause to be done such work, including restoration, necessary to meet the terms of the permit and to recover the cost from the permit holder and/or his surety.
Prior to issuing a permit for the demolition of any building in any district, the Code Enforcement Officer shall refer said permit application to the Planning Board for review pursuant to § 211-50.1.
[Added 1-24-2000 by L.L. No. 1-2000; amended 5-8-2017 by L.L. No. 3-2017]
Route 96-251 Corridor Overlay District and all commercial and industrial site plans. All commercial and industrial site development shall comply with the following architectural guidelines as reviewed by and approved by the Planning Board.
[Added 12-30-2002 by L.L. No. 13-2002]
The Planning Board and/or Architectural Review Committee shall follow these standards in making architectural review decisions within the Route 96-251 Corridor Overlay District and for all commercial and industrial site plans.
[Amended 9-14-2015 by L.L. No. 8-2015]
Statement of philosophy.
This document establishes architectural standards for new construction and the adaptive reuse, alteration, expansion or modification of existing buildings in the Route 96-251 Corridor Overlay District and for all other commercial and industrial site plans that foster a blend of the best of traditional and contemporary design. Corridor architecture should represent the best match between the needs of human users, the architectural heritage and character of the Town and surrounding areas, and the natural constraints of the land and existing architecture and engineering.
Site plans should reflect a comprehensive proposal integrating signs and graphics, lighting, planting, parking, and site amenities such as fountains, sculpture and street furniture. Screening of utilities and services should be incorporated. Where architectural design is based upon a theme, site development schemes should relate to the theme and be consistent regarding materials and design elements.
Sensitivity to corridor development demands, vehicular and pedestrian traffic patterns, and the needs of residents, merchants, visitors, owners and tourists alike have been considered in the development of these standards.
A brief history of the Route 96-251 corridor.
Historically, the Route 96 corridor has played a vital role in the growth and economic progress of the Town of Victor. Development along this corridor has increased the availability of services and merchandise to Town residents. The Town's tax base has expanded. Jobs have been created. Sources of income have been established for owners and tenants. The physical design of the Route 96 corridor through the Town of Victor should reflect the Town's natural heritage (landform, vegetation, hydrology) to travelers and advertise the community as a positive place to live and do business.
Route 251 has served as an east-west connector to Route 96, linking residential neighborhoods to the amenities available along the Route 96 corridor. The physical design of the Route 251 corridor should also reflect the Town's natural heritage while enhancing and/or reinforcing the existing rural residential character of this vehicular corridor while minimizing the impact of the nonresidential development.
Statement of purpose. The purposes of these architectural standards are to:
Provide standards for the determinations of the Planning Board and/or Architectural Review Committee, which is charged with the responsibility for architectural review in the Corridor Overlay District, in order to minimize decisions based on individual tastes and preferences in the review and approval of plans;
[Amended 9-14-2015 by L.L. No. 8-2015]
Establish clear and easily understood design criteria to guide property owners and their architects in the appropriate design of new construction and building alterations in the corridor area;
Promote a cohesive image of the Corridor District as a whole, while allowing for architectural innovation. It is not the intent of these standards to limit new construction or building alterations to one particular architectural style, but to create and enhance an aesthetic whole.
Submission requirements. The Architectural Review Committee was formed to give the Planning Board the ability to insure that the design of buildings in the Town of Victor, and especially in the Route 96 and Route 251 corridor, meets the goals and desires of the Town and its residents. At the sole discretion of the Planning Board as it sees fit, it may draw upon the advisory input of the Architectural Review Committee. The following is intended to set forth the rules and, in general terms, what will be examined and what is desired:
[Amended 9-14-2015 by L.L. No. 8-2015]
As part of a complete application, the applicant shall submit the following at time the application is filed with the Planning Board Secretary. The application, once deemed complete, will be placed on the next available Planning Board meeting agenda:
Eleven-inch-by-seventeen-inch colored renderings of the proposed completed project showing at a minimum two sides of the proposed elevations;
All elevations shall include notes identifying vertical dimensions and materials;
Renderings shall reference the site plan with the intention to show the building orientation in reference to the building experience on the proposed site plan;
Site utility plan shall be provided to demonstrate where site features like dumpsters, mechanical equipment, transformers, etc., are located on the site;
If the proposed structure is part of a subdivision, provide a subdivision plan and identify the location of the structure under review;
Roof plan to show the location of rooftop equipment and demonstrate how it is shielded from public view;
If landscape is proposed to shield any items, including those placed around a building, a landscape plan shall be provided;
If building-mounted signage is proposed, identify the location and dimensions;
As flat wall facade is not favored, provide typical wall sections and/or door and window details; and
Building material samples shall be made available at the Planning Board meeting.
The Planning Board approval resolution will reference the approved architectural plans.
New construction.
Architectural style and design quality; form and mass.
Recommended.
Contemporary designs which respect, reflect, reference, adapt and interpret the local historic commercial architectural styles and design themes found in Ontario County and surrounding areas.
Classic designs with enduring architectural character.
Design details which are consistent with the overall style and proportion of the building design.
Variety in architectural styles, compatible with any new construction previously approved for this area.
Mass should not overwhelm existing buildings in the area.
Not recommended.
Designs which are inappropriate in relation to the traditional, local architectural heritage and character in terms of size, scale, design motifs, and relationships between buildings, streetscape and landscape features.
Those standard stock plan franchise buildings which are not consistent with these standards.
Nonfunctional fake historic design details and applied decorations which imitate traditional styles but are irrelevant to the overall design of the building.
Excessive sameness; buildings identical in style to surrounding buildings.
Building orientation and placement on site.
Not recommended.
Parking areas between the building and the street. On-site vehicular traffic patterns which conflict with pedestrian traffic patterns.
Building placement that does not respect the significance of the corridor and natural features.
Buildings sited without regard to the site placement of neighboring buildings.
Rooflines and height.
Impact on public views; natural features of the site; surrounding environment.
Recommended.
Service entrances, loading docks, dumpsters and ground-level mechanical equipment located away from public entrances and screened from public views.
Rooftop mechanical equipment and structures screened and disguised by roof features, and set back from roof edges.
Generous and appropriate landscaping.
Line, configuration, and arrangement; rhythm and proportion.
Fenestration, size and arrangement of windows, doors, porticos and other openings.
Recommended.
Building elements are in balanced proportion to the building as a whole.
Interruptions and variety in wall plane; offsets, recessed entrances, arcades, covered walkways, awnings and canopies, multiple entrances, roof overhangs, shadow lines, courtyards, balconies, etc.
A rhythm of door and window openings, which reflects the integrity of the architectural design of the building.
Vertical emphasis in window openings.
Not recommended.
One element or design feature dominates the building design.
Large, uninterrupted expanses of wall surface; long areas of unrelieved, monotonous wall surface adjacent to the street. Flat wall planes, especially for front facade.
Irregularly spaced or randomly placed openings which are primarily related to internal functions rather than exterior design considerations.
Horizontal windows on upper stories.
Building facades.
Windows and doors.
Recommended.
Windows and door detailing which reflects the form and function of meaningful architectural design, without blind imitation of style or detail.
Projecting sills, lintels and/or crowns which define window openings.
Individual window openings, separated by areas of building wall.
Any large areas of glass are broken up by vertical design elements such as mullions, columns, framing members.
Entrances (front and rear).
Decks, balconies, porches.
Alterations to existing structures.
Recommended.
Updating, renovation, and expansion of existing buildings in a manner compatible with the design standards for new buildings and consistent with the subject building's architectural style.
Where existing structures are proposed to be demolished, the replacement structure shall conform to the current overlay district standards.
New construction or alterations to existing structures.
Materials: kind, texture.
Recommended.
Brick, native stone, and wood are representative of the historic residences and farms of the area and should be the dominant materials used on facades with traditional window openings.
Building materials differentiating design elements, consistent with the rhythm and proportion of the building design.
Roofing materials: architectural composition shingles, wood shingles, slate, architectural standing seam colored metal roofing.
Not recommended.
Metal sheathing, concrete/stucco, block and synthetic materials that are obvious imitations of natural materials. Rustic or crude siding materials such as logs, bark, rough-sawn wood planks, coarse-textured stucco, unfinished or split-face concrete blocks, etc.
Inappropriate mixing of materials for the sake of variety alone; or monotonous use of a single building material.
Clay tile roofs.
Corrugated/industrial or vertically ribbed metal siding materials, or metal roofing installed with exposed fasteners.
Glass walls; shiny, mirrored or reflective wall surfaces, polished stone.
Colors.
Recommended.
Colors which are complementary in range and intensity, with attendant trim colors and accents.
Awnings and canopies.
Lighting.
Recommended.
Lighting, attached or detached, soffit, up light or down light, including tree lighting, selected for appropriate lumens or footcandles, and complementary to the architecture through shadowing, highlight and flooding. Parking area lighting directed downward. Illumination from multiple light sources.
Light fixtures that are compatible with the architectural style and other features of the building.
Not recommended.
Harsh or excessively bright lighting, inconsistent with lighting levels along the street and sidewalks; or site or building lights that spill light onto adjacent sites; spotlighting, hot or dark spots in site lighting.
Strip accent lighting or fluorescent tubes used as decorative elements on external building walls; portions of facade that are continuously internally illuminated.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article V, Stormwater Control, of Chapter 211, Zoning. The approved site plan shall be consistent with the provisions of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning.
§ 211-32 Parking requirements.
Basic regulations for parking.
Intent. The intent of these parking regulations is to provide a number of parking spaces that will accommodate demand. Vast areas of unused parking spaces work contrary to the intent of the Town of Victor's desire to provide open space and green areas as part of land development. To this end, adequate parking must be constructed for the immediate use of the property while land must be reserved for parking expansion should the need arise.
Applicable standards. There shall be provided at the time any building or structure is erected, enlarged, increased in capacity or changed in use improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this section.
Design requirements shall be as follows:
Each off-street parking space for residential and nonresidential use shall measure a minimum of 9 feet by 18 feet with twenty-six-foot aisles.
Each off-street parking space and the means of access to the parking area shall be so designed and maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any motor vehicle may be parked and removed without moving or damaging another.
All parking areas, with the exception of one-family and two-family dwellings, shall be striped with hairpin striping. Emergency access lanes shall be identified as required by the Code Enforcement Officer according to the New York State Uniform Fire Prevention and Building Code.
Handicapped parking spaces must be provided and designed in accordance with standards of the New York State Uniform Fire Prevention and Building Code.
Planning for future parking needs.
All areas to be used for parking and site access shall be identified on the site development plan approved by the Planning Board. Parking areas shown on the plan will identify all areas to be constructed for parking and those areas which are set aside for parking expansion.
All sites shall be so designed as to provide sufficient parking and numbers to satisfy the requirements of this code. Parking spaces must be provided for both immediate and future needs of the site.
The ratio of planned to constructed parking spaces shall be at the discretion of the Planning Board. Constructed parking shall be based on the immediate needs of the site.
Consistent parking of vehicles on a public right-of-way or outside the designated parking areas shall be the primary indicator of need for converting planned parking areas to functional parking areas. The need for conversion from planned parking areas shall be at the discretion of the Planning Board and shall be founded in fact.
Standards applicable to commercial districts. Standards and regulations outlined in this subsection shall be in addition to other parking standards and regulations in this code.
Setbacks.
No vehicular parking shall be permitted within 80 feet of the road right-of-way. The Planning Board may reduce the front setback if there is no need for a future service road or road widening.
[Amended 2-13-1995 by L.L. No. 2-1995]
Parking and paved areas may be located within up to five feet of the property boundary line for side and rear boundaries of lots located within the Commercial District.
Buffering. Parking and paved areas shall be buffered in commercial districts from any adjoining residential district by a one-hundred-foot buffer consisting of plantings and vegetative cover.
Off-street parking for more than five but fewer than 75 vehicles shall be effectively screened on each side by a fence of acceptable design, masonry wall, earthen berm, acceptable landscaping or compact evergreen hedge. Such screening shall be maintained in good functional condition.
In parking areas with a capacity of 75 vehicles or more, landscaping plans must be submitted showing the area broken up into smaller sections by aisles and landscaping, with adequate provisions for pedestrian walkways. Such aisles shall be a minimum width of 10 feet.
The front setback area shall be screened using a landscaped berm. Such berm shall be no less than five feet high and 40 inches wide at the base.
All setback and buffer areas shall be planted, landscaped and maintained in accordance with the approved site plan.
Standards applicable to the Light Industrial and Commercial/Light Industrial Districts. Standards and regulations outlined in this subsection shall be in addition to other parking standards and regulations in this Code.
[Amended 2-13-1995 by L.L. No. 2-1995]
Setbacks.
No vehicular parking shall be permitted within 80 feet of the road right-of-way. The Planning Board may reduce the front setback if there is no need for a future service road or road widening.
Parking and paved areas may be located within up to 10 feet of the property boundary at the side and rear boundaries of lots located in the Light Industrial and Commercial/Light Industrial Districts.
[Amended 2-13-1995 by L.L. No. 2-1995]
Buffering. Parking and paved areas shall be buffered in the Industrial and Commercial/Light Industrial Districts from any adjoining residential district by a one-hundred-foot buffer consisting of planting and vegetative cover.
Parking standards for each proposed use or use class are shown on the following parking schedule.
Parking schedule.
Parking Requirements2 Town of Victor | |||||
|---|---|---|---|---|---|
Type of Use | Number of Spaces | ||||
Residential property | |||||
Single-family dwellings | 2 | ||||
Townhouses (see Note 1) | 2 plus 0.5 per unit for overflow parking available in project phase | ||||
Home occupations | 2 (additional parking) | ||||
2-family dwellings | 4 (2 per unit) | ||||
Related residential property | |||||
Permanent housing occupancy | |||||
Apartment houses1 | 2 per building plus 1 per bedroom plus 0.5 per building overflow available in project phase | ||||
Transient housing occupancy | |||||
Lodging houses, hotels and motels | (all cases) 1 per sleeping room plus 1 per employee per shift plus 1 per 4 persons at maximum occupancy for any accessory general assembly property use | ||||
Bed-and-breakfast residences | 2 plus 1 additional per rented sleeping room | ||||
Senior citizen apartments | 1.25 per dwelling unit | ||||
Adult residential care | 1 per 4 beds plus 1 per employee | ||||
Business and commercial property | |||||
Business property: all uses | 5 per 1,000 square feet of leasable floor area | ||||
Typical uses include: | |||||
Administration buildings, banks, barbershops, beauty parlors, computer and data processing uses, laboratories, launderettes, office buildings, outpatient clinics and professional offices | |||||
Mercantile uses | |||||
Convenience restaurants and other similar rapid-turnover uses | 1 for each 40 square feet of gross floor area; minimum of 20 is required | ||||
Shopping centers and malls with leasable area between 25,000 square feet and 400,000 square feet | 4.5 per 1,000 square feet of leasable floor area | ||||
Regional shopping centers and malls with gross leasable floor area over 400,000 square feet | 5 per 1,000 square feet of leasable floor area | ||||
All other retail and commercial uses | 5 per 1,000 square feet of leasable floor area | ||||
Industrial uses | |||||
Motor vehicle maintenance and repair shops | 6 per repair bay | ||||
All other industrial uses | 1 per 400 square feet of gross floor area | ||||
Storage or warehousing uses | 1 per 3,000 square feet of gross floor area | ||||
Property used for general assembly | |||||
Bowling alleys | 5 per lane plus 1 per employee plus 1 per person at maximum occupancy for any other accessory general assembly uses | ||||
Tennis, handball courts, etc. | 1 per 2 people plus 1 per employee based upon the maximum number of employees per shift | ||||
General assembly property: all other uses | 1 per 2 persons for maximum occupancy plus 1 per employee based upon the maximum number of employees per shift | ||||
Typical uses include: | |||||
Art galleries, assembly halls, auditoriums, club rooms, coliseums and shift stadiums, courtrooms, dance halls and discotheques, exhibition halls or buildings, grandstands, gymnasiums, lecture halls, libraries and broadcasting studios, lodge halls or rooms, mortuary chapels and funeral homes, motion picture theaters, museums, nightclubs, recreation centers and halls, golf courses, restaurants, skating rinks and theaters | |||||
Places of worship | 1 per 2 persons at maximum occupancy | ||||
Typical uses include: | |||||
Churches, synagogues and mosques | |||||
Educational uses | As needed for students, but a minimum of 1 per employee plus 1 per 4 persons at maximum occupancy for any other general assembly uses | ||||
Day-care uses (children and adults) | 1 per 4 clients plus 1 per employee | ||||
Health care uses | 1 per 4 patients plus 1 per employee | ||||
Typical uses include: | |||||
Child-caring institutions, clinics, community residences, health-related facilities, hospitals, infirmaries, medical facilities, nursing homes and sanitariums | |||||
NOTES: 1If recreational vehicles are to be permitted to be stored on site, adequate additional designated parking areas shall be provided. 2Parking requirement adjustments can be made by the Planning Board for dual use of parking spaces when the assembly use is constructed in conjunction with a shopping center. |
§ 211-33 Height exemption.
Agricultural operations structures are exempt from any district height limitations.
§ 211-34 Lot dimensional and setback measurements.
All front, side and rear setback measurements shall be the minimum perpendicular and/or radial distance measured from the lot line to the closest point of principal structures.
No lots shall be created or structures placed in any district except in conformance with the dimensional requirements contained in Schedule II, Area and Height Requirements.[1]
In the case of corner lots, a front yard of the required depth shall be provided along each road frontage.
The depth of required front yards shall be the distance between the road right-of-way or any projection thereof and the closest point of the front of the principal structure or any projection thereof.
The depth of the required rear yard shall be the distance between the rear property boundary and the closest point of the rear of the structure or any projection thereof.
In the case of corner lots, yards remaining after front yards have been established shall be considered rear and side yards for dimensional purposes.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
§ 211-35 Utilities to be placed underground.
All utilities serving a site shall be placed underground.
§ 211-36 Driveways.
[Amended 8-26-2019 by L.L. No. 9-2019]
In all districts, all plans for structures to be erected, altered, moved or reconstructed and for the use of premises within such districts shall contain a plan for the proposed driveway access to the premises. Driveway locations and relocations must be approved by the Code Enforcement Officer, Town Highway Department and/or Town Engineer and for roads under county authority, Ontario County Commissioner of Public Works or for roads under New York State authority, Regional Traffic Engineer of NYSDOT. The creation of a common driveway requires reciprocal easements and a common maintenance agreement.
§ 211-37 Short-term rentals. [1]
[Added 2-13-2017 by L.L. No. 1-2017]
Legislative intent. The purpose of this section is to control and regulate the use of short-term rentals within the Town. The Town Board finds that unhosted short-term rentals threaten the residential character and quality of life of the neighborhoods where such uses exist because they tend to attract excessive noise, disorderly conduct, the accumulation of refuse, and other nuisances. The provisions of this section are intended to preserve and protect the health, character, safety, and general welfare of the residential neighborhoods where such uses may exist, and to mitigate the adverse effects of short-term rentals.
Definitions. As used in this section, the following terms shall have the meanings indicated:
The on-site presence of the owner at the property during the duration of the rental period.
The person(s) renting the short-term rental. For purposes of this section, occupants includes their guests and any sublessees.
The permanent resident of the dwelling, and/or person(s) or entity that holds legal and/or equitable title to the short-term rental, or an agent of the owner who is authorized to take remedial action and to respond to any violation of this section.
One or more dwellings, as that term is defined in § 211-12, and excluding bed-and-breakfasts, for which rent is received by the owner, directly or indirectly, in exchange for residential occupation:
The advertisement of the potential availability (as stated above) of the dwelling for rent on short-term rental websites shall create a presumption that the dwelling is a short-term rental.
Ongoing month-to-month tenancies are excluded from the provisions of this section.
The absence of the owner on-site at the property during the duration of the rental period.
Short-term rental requirements.
Unhosted short-term rentals shall be prohibited in all zoning districts.
Hosted short-term rentals shall be prohibited unless a special use permit is issued by the Planning Board as provided for herein. A separate special use permit shall be required for each short-term rental property. The special use permit requirements of this section are in addition to any business license, tax registration, or any other permit or licensing requirements that may be required under state or county law.
Application for special use permit.
Application information. An application for a special use permit shall be made to the Planning Board, and shall be subject to public notice and hearing, pursuant to § 211-9C(2). Special use permit applications shall contain the following information:
The name, address, telephone number, emergency telephone number, and e-mail address of the owner [including any authorized agent(s)] who will be on-site for the duration of any rental period, and a secondary emergency contact individual;
The number of bedrooms and approximate square footage in the property and the maximum number of overnight occupants;
An acknowledgment that the subject property meets all local building code and Uniform Code requirements;
A diagram and/or photograph of the property showing and indicating the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants;
If the application is for the renewal of a special use permit, the record of all calls or complaints made in the preceding five years, as set forth in § 211-37G(1)(g).
An acknowledgment that the owner, agent(s), and secondary emergency contact individual have read and are familiar with the regulations contained in this section; and
A certification of the accuracy of the information submitted and an agreement to comply with any and all conditions of the special use permit.
Preexisting short-term rentals. Notwithstanding any other provision of this section, short-term rentals already in existence at the effective date of this section, whether hosted or unhosted, shall be required to comply with the requirements of this section within 60 days of its effective date.
Inspection. In evaluating an application for a special use permit, the subject property shall be inspected by the Town Code Enforcement Officer to determine maximum parking capacity for the property and to verify compliance with provisions of this section and the New York State Uniform Fire Prevention and Building Code. Upon an application for renewal of a special use permit, the subject property shall be reinspected to ensure continued compliance with this section.
Public hearing notification. The Town shall notify all property owners within 1,000 feet of the subject property, in writing, that an application has been submitted for a special use permit to allow the subject property to be used as a short-term rental. This notification shall clearly state the following information:
The name of the owner, agent(s), and secondary emergency contact individual for the property and a telephone number at which those parties may be reached on a twenty-four-hour basis;
The maximum number of occupants allowed to stay overnight in the dwelling; and
The maximum number of vehicles allowed to be parked on-site on the subject property overnight.
Application fee. An application for a special use permit under this section shall be accompanied by a nonrefundable fee in such amount as the Town Board of the Town of Victor may from time to time establish by resolution.
Application review process. The application review process for the issuance of a special use permit under this section shall comply with the considerations and provisions set forth in § 211-9C(2)(a).
Conditions.
All special use permits issued pursuant to this section are subject to the following standard conditions:
The owner shall, by written agreement with the renter, limit the number of overnight occupants and their vehicles to the number approved in the special use permit application.
The owner shall demonstrate consistent efforts to ensure that the occupants of the property do not create excessive noises, as defined in Chapter 143, and/or engage in conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, or violate provisions of this section. The use of illegal drugs or controlled substances by occupants is prohibited. The owner shall promptly respond to any complaints of violations of this section by any occupants of the subject property or by any third parties.
The owner, upon notification that occupants of the property have created excessive noises and/or engaged in conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, or otherwise violated provisions of this section, shall promptly use best efforts to prevent a recurrence of such conduct.
The owner shall post a copy of the special use permit and a copy of these standard conditions set forth in this section and any other conditions imposed by the Town, in a conspicuous place within the subject property.
The subject property shall, at all times, regardless of whether the property is occupied, be in compliance with the Town Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes.
All occupants of the subject property shall observe quiet hours, which shall be between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday. Excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others shall constitute a violation of this section and may be grounds for revocation of the special use permit.
Call response availability. The owner and/or agent(s), and second emergency contact person shall be personally available by telephone on a twenty-four-hour basis to respond to calls or complaints regarding the condition or operation of the subject property. Failure to respond to calls or complaints in a reasonably timely and appropriate manner shall constitute a violation of this section and may be grounds for revocation of the special use permit. For the purposes of this section, responding in a reasonably timely and appropriate manner means that an initial call shall be responded to within one hour of the initial call, and any corrective action shall be commenced within 24 hours of the initial call. The owner shall maintain a record of each caller or complainant, details of the call or complaint, the date, and time of each call or complaint, details of the owner's response and corrective action, and any other documentation associated with such call or complaint, and shall provide such records to the Town upon demand, and/or as part of any revocation hearing or application for renewal of the special use permit.
The Planning Board shall have the authority to impose additional conditions related to the use of the subject property as a short-term rental as may be deemed necessary to achieve the objectives of this section.
Permit term. A special use permit issued under this section shall be valid for one year from the date of issuance, subject to subsequent renewal periods of one year to three years, at the discretion of the Planning Board based on the history of complaints and violations under this section relating to the subject property during the preceding permit period.
Notification requirements. Each short-term rental shall have a clearly visible and legible notice posted within the property on or adjacent to the interior of the front door, containing the following information:
The name of the owner, agent(s), and secondary emergency contact individual, and a telephone number at which each such individual may be reached on a twenty-four-hour basis;
The maximum number of occupants permitted to stay in the short-term rental;
The maximum number of vehicles allowed to be parked on the subject property;
Quiet hours shall be between the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 11:00 p.m. to 7:00 a.m. Friday, and Saturday, and that excessive noises and/or conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others shall be a violation of this section.
Rules for the disposal of refuse, including but not limited to the refuse pickup day.
Notification that occupants may be cited and fined for creating a disturbance or for violating other provisions of this section or the Town Code; and
Notification that failure to conform to the parking and occupancy requirements of the subject property is a violation of this section.
Enforcement; penalties for offenses.
Penalties imposed for offenses under this section shall be as set forth in § 211-11D, in addition to any other penalties for offenses which may be available under the Town Code.
In addition to the penalties imposed by § 211-11D, each subsequent offense after the third offense within five years shall be punishable by a fine of $1,000 or imprisonment for up to six months, or both.
In addition to the penalties set forth herein, upon the fourth offense within five years, and upon each offense thereafter within the preceding five years, the special use permit may be revoked in accordance with the provisions of § 211-37K.
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this section, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.
Revocation of special use permit.
Upon the occurrence of the events identified in § 211-37K(5), the Town Code Enforcement Officer shall notify the Town Board, Planning Board, and the owner of the same, in writing, and the Planning Board may, in its discretion, hold a public hearing to determine whether the special use permit should be revoked.
Such public hearing shall be held by the Planning Board no more than 45 days from the date the notification from the Code Enforcement Officer in § 211-37K(1) is delivered to the owner. Notice of the hearing shall be delivered to the owner in person, or by mail to the address given in the application and shall be published once in a newspaper having a circulation within the Town of Victor. Said notice to the owner and publication shall be not less than 10 days before the date of the hearing. Written notice of such public hearing shall also be given, personally or by mail, to property owners within 1,000 feet at least 10 days before the date set for the public hearing; if such notice is given by mail, the ten-day period shall be deemed to commence upon deposit with the United States Postal Service.
At the time and place set for the public hearing, the Planning Board shall take the testimony, under oath, of the owner and all other persons wishing to be heard, as to why the special use permit should not be revoked, and shall receive into the record any documentary evidence submitted either for or against revocation.
After the public hearing, the Planning Board shall, within 30 days, determine in writing whether or not the special use permit should be revoked, or permitted to continue, either with or without additional conditions, and shall give notice of its determination to the owner by mail.
A special use permit may be revoked upon any of the following grounds:
Fraud, misrepresentation or false statement contained in the application for the special use permit;
Upon the occurrence of the events identified in § 211-37J(3);
Any failure or refusal to maintain the short-term rental in compliance with the Town Code and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws and codes;
Any violation of this section or any standard or additional conditions of the special use permit; or
Upon the occurrence of any conduct at the property which results in the issuance of a misdemeanor or felony complaint against the owner or any occupant of the short-term rental.
If a special use permit is revoked, all uses of the property as a short-term rental shall cease within 30 days of the date of the Planning Board's determination revoking said permit. A property for which a special use permit was previously revoked may be the subject of a new special use permit no sooner than 12 months after revocation.
[1]
Editor's Note: Former § 211-37, Illumination, as amended, was repealed 9-28-2009 by L.L. No. 13-2009.
§ 211-38 Roadside stands.
Any person within any district may erect a roadside stand on his property and sell from the same agricultural products produced on the same property. Any such stand of permanent construction shall comply with all the conditions and regulations prescribed for structures in the district in which the stand is located. Any such stand of temporary construction may be erected not nearer to a street line than 20 feet, and such stand may be erected and maintained between April 1 and November 30 of any year but must be removed on or before November 30 of the same year. There must be provided for any roadside stand an off-street parking area sufficient to accommodate vehicles of customers and to eliminate traffic hazards.
Temporary roadside stands for the purpose of the sale of Christmas trees, wreaths and Christmas decorations are permitted under the same conditions as above set forth from November 20 through December 31. No other roadside stands or sales are permitted.
§ 211-39 Temporary structures.
No structure of a temporary or nonresidential character, such as a basement, tent, shack, vehicle, garage, barn or other building, shall be used on any lot at any time as a residence unless a temporary permit has been obtained from the Zoning Board of Appeals. This shall not be construed, however, as to prevent the construction or renovation of such a structure as a permanent residence dwelling. In such cases a building permit shall be issued upon application, which shall set forth the improvements planned, including provisions for adequate heating, wiring and indoor plumbing. The provisions of this section shall not apply to portable camping equipment situated temporarily on premises of existing private dwellings, which dwellings are otherwise in full compliance with the terms and provisions of this chapter.
§ 211-40 Clear view of intersecting streets.
Structures which obstruct the view of vehicular traffic shall not be erected or maintained on land located in the angle formed by intersecting streets. This provision prohibits structures higher than 2 1/2 feet situated so as to interfere with the view of traffic approaching the intersection within 100 feet. The 100 feet shall be measured along the center line of each street from the intersection of the streets' center lines.
New intersections shall be consistent with the Town design and construction standards.
§ 211-41 Fences.
[Amended 6-8-2009 by L.L. No. 7-2009; 10-15-2024 by L.L. No. 8-2024]
Fences shall not be constructed or installed without obtaining a building permit pursuant to § 83-4 of the Victor Town Code.
Exceptions. Permits shall not be required for:
Fences in agricultural districts that are no more than six feet in height and of an open design, such as split rail or box wire.
Snow fences temporarily installed between October 31 and April 15.
Decorative fences with a maximum height of two feet, not to exceed an aggregate length of 40 linear feet.
Garden fences, not exceeding eight feet in height, which immediately enclose gardens.
Fences included on a site plan approved by the Town Planning Board.
Underground electronic fences.
Fences that are required to be installed as a permanent barrier in conjunction with swimming pools that have an approved building permit.
Fences shall be situated entirely on the fence owner's property.
Fences and supporting poles shall be limited in height as follows:
In residential districts: six feet from adjacent grade.
For fences installed on top of earth berms or hardscaped walls, fence height shall be measured from the bottom of the berm or wall to the top of the fence.
Fences serving as required barriers to swimming pools shall fully comply with the New York State Uniform Code.
Fences shall not be installed in violation of restrictions on real property, including, but not limited to, easements, rights-of-way, bylaws, regulations, statutes or other Town Code provisions. All restrictions and potential restrictions shall be disclosed to the Town at the time the building permit application is submitted. Failure to disclose said restrictions to the Town can result in permit denial or revocation.
No portion of a fence shall be closer than one inch to any property line.
Fences over two feet high shall not be erected nearer to a road than the front line of the principal building.
Fences on corner lots as defined herein may be permitted to be erected forward of the non-primary front line of the principal building but shall be no closer than five feet to any right-of-way.
Fences shall be constructed so the finished side faces toward the adjacent property.
Signs shall not be affixed to fences.
Barbed-wire fences shall not be permitted unless said fence is on a farm or in a district zoned Commercial, Commercial/Light Industrial or Light Industrial.
Fences shall be maintained in good order. In the event the fence is not maintained, the Code Enforcement Officer may order the repair or removal of the fence. If the fence is not repaired or removed as ordered, the Town will seek removal of the fence and the owner is responsible for all Town costs relating to the removal.
These provisions apply to all fences erected after October 15, 2024.
§ 211-42 Recreational areas.
[Amended 7-26-1999 by L.L. No. 8-1999]
The Planning Board may, on special application, issue a permit for a term not to exceed five years for the use of a specified area in any district for a playground, athletic field or other recreational or amusement use, with the exception of golf courses, which will secure a permanent special use permit. Publicly owned facilities shall be exempt. Issuance of the permit is subject to the following conditions:
The Board may require the applicant to submit such information as it may require and may fix the location of all structures on the premises.
A full environmental review of the premises and the proposed recreational use is required.
The proposed use of the land must be consistent with all other zoning regulations for the district in which the land is located.
Prior to issuing the permit, the Planning Board shall find, after public notice and hearing, that the contemplated use will not:
Any permit granted hereunder may be revoked by the Planning Board, after due hearing, on not less than 10 days' notice to the person holding such permit in the event that the use thereunder violates any of the conditions of its issuance or shall have become a nuisance, and any such permit may be renewed by said Board, for such period as it shall determine, upon application in accordance with the procedure for an original permit.
§ 211-43 Swimming pools.
General regulations.
All swimming pools must comply with all applicable New York State regulatory codes.
Swimming pools shall be permitted only in the rear or side yards behind the front building line of residential lots.
All swimming pools require a permit which shall be obtained from the Code Enforcement Officer. The Code Enforcement Officer, upon issuing a permit for any pool, shall at the time deliver to the applicant a copy of these provisions relating to the maintenance and use of swimming pools.
The pool shall be constructed so as not to interfere with sewage, water or drainage of the lot or of other lands.
The water of such pools shall be maintained at all times in a sanitary condition in accordance with the bacterial standards of the Sanitary Code of the State of New York.
Outdoor permanent below-grade swimming pools and aboveground pools which are more than 24 inches deep shall comply with residential side setback regulations applicable to the district. Rear setbacks shall be at least 15 feet.
The permit for the pool shall not be issued unless the applicant shall submit plans which conform to this chapter and to the New York State Uniform Fire Prevention and Building Code.
Any violation of these provisions relating to swimming pools shall require the revocation of the permit for such pool. Any use or maintenance of any pool without a permit shall constitute a violation of this chapter.
§ 211-44 Recreation courts.
Recreational activities requiring a court, such as basketball, tennis or volleyball, shall maintain a minimum setback of 25 feet or 0.1% of the lot's square footage area, whichever is greater. A grading permit, if required, shall be secured from the Building Department. Construction shall not disturb existing septic systems.
§ 211-45 Native plant requirements [1]
[Added 1-23-2012 by L.L. No. 2-2012]
All landscaping and landscaped areas required by the Victor Town Code for nonresidential districts (all districts other than R-1, R-2 and R-3) shall be consistent with the requirements set forth in this section.
All plantings used to satisfy landscaping and landscaped area requirements shall be comprised of at least seventy-percent native plant species.
The remaining 30% or less of plantings shall be comprised of nonnative plant species which are not invasive plant species. Such species include, but are not limited to, those identified at Table 4 of the Native Plant Manual.
Invasive plant species are prohibited.
§ 211-46 Open space.
[Amended 2-13-1995 by L.L. No. 2-1995]
For all major residential subdivisions of land, 50% of the gross land area of the subdivided parcel must be set aside for open space. Minor residential subdivisions will not require an open space set aside. For all other subdivisions, 35% open space shall be required. Open space set aside may be addressed by:
[Amended 7-26-1999 by L.L. No. 9-1999; 3-13-2000 by L.L. No. 6-2000; 7-24-2000 by L.L. No. 11-2000]
All uses permitted shall have at least 20% landscaped area. Commercial and industrial uses shall have at least 35% landscaped area. Landscaped area shall be indicated on site plans.
Additional site plan requirements. All open space (including easements relating thereto), natural resources and landscaping shall be clearly indicated on the applicable site plan.
[Added 8-27-2012 by L.L. No. 15-2012]
§ 211-46.1 Incentive zoning.
[Added 3-25-2019 by L.L. No. 4-2019]
Purpose and intent. The general purpose and intent of this section is to offer incentives to applicants who provide amenities that assist the Town to implement specific physical, cultural and social policies in the Comprehensive Plan as supplemented by the local laws and ordinances adopted by the Town Board. Such amenities shall be limited to only those identified in Subsection F of this section.
Definitions. As used in this section, the following terms shall have the meanings indicated:
The total number of living units anticipated within the Town at a future time when all parcels within the Town zoned for residential use shall have been developed. The anticipated build-out shall be calculated by adding, for each vacant parcel within the Town that is zoned for residential use, the maximum number of living units permitted upon that parcel given both the acreage of the parcel and the number of units per acre permitted upon that parcel and then increasing that sum further by adding to it that number of living units presently within the Town. The anticipated build-out distinguishes between developed and vacant parcels and takes into account both the presence of existing living units and the number of living units per acre present on parcels already developed.
An adjustment to the permissible population density, area, height, open space, use or other provisions of a zoning ordinance or local law for a specific purpose authorized by the Town Board. See also the definitions herein of the terms "density bonus" and "incentive."
Open space or other physical, social or cultural amenity, or cash in lieu thereof, of benefit to the residents of the Town of Victor. See also the definition herein of the term "community benefit."
Open space or other physical, social or cultural amenity, or cash in lieu thereof, of benefit to the residents of the Town of Victor. See also the definition herein of the term "community amenity."
An adjustment to the maximum number of living units that could be approved under the Victor Town Code for development upon a specific parcel of land. See also the definitions herein of the terms "bonus" and "incentive."
A reduction in the total number of developable living units that could be approved for development upon a parcel.
The number of living units that could reasonably be developed upon a parcel under the Victor Town Code taking into account the acreage and frontage of the parcel, zoning district designations, other zoning or subdivision requirements, and the presence of applicable environmental constraints such as topography, surface waters, floodplains, and natural resources.
A single living unit permitted upon a specific parcel of land.
The total number of living units permitted throughout the Town. The hypothetical build-out shall be calculated by adding, for each parcel within the Town that is zoned for residential use, the maximum number of living units permitted upon that parcel given the acreage of the parcel and the number of living units per acre permitted upon that parcel. The hypothetical build-out does not distinguish between developed and vacant parcels and does not take into account the presence of existing living units or the number of living units per acre present on parcels already developed.
An adjustment to the permissible population density, area, height, open space, use or other provisions of a zoning ordinance or local law for a specific purpose authorized by the Town Board. See also the definitions herein of the terms "bonus" and "density bonus."
The system by which specific incentives or bonuses are granted, pursuant to this section, on condition that specific physical, social, or cultural benefits or amenities would inure to the community.
A density reduction upon a specific parcel or parcels of land in which the decrease in the number of developable living units equals the number of units by which the maximum number of living units approvable upon a different parcel or parcels of land would be adjusted by an associated density bonus.
A municipal fund in which cash contributed in lieu of providing some other community amenity is segregated and held in reserve for use in funding a specific municipal program or undertaking.
Districts designated for incentives. All zoning districts where residential uses are authorized as a permitted use or where the Planning Board may issue special use permits for residential uses are eligible for zoning incentives under this section. Incentives may be offered to applicants who offer an acceptable amenity to the Town in exchange for the incentive.
Incentives permitted under this section. An increase in residential unit density may be granted by the Town Board as an incentive to the applicant on a specific site determined by the Town Board to be appropriately located for a density increase. The Town Board shall consider relevant information and guidance in the Comprehensive Plan and in the Natural Resource Inventory in making this determination. In making this determination, the Town Board shall consult with the Town Planning Board and may also consult with the Town Conservation Board.
Cash payment in lieu of amenity. Under this section, if the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or is otherwise not practical, the Town Board may require, in lieu thereof, a payment to the Town of a sum to be determined by the Town Board. If cash is accepted in lieu of another community benefit or amenity, provision shall be made for such sum to be deposited into a trust fund to be used by the Town Board exclusively for specific community benefits authorized by the Town Board.
Amenities for which incentives may be offered under this section.
The following amenities may be either on or off the site of the subject application and shall be in addition to any mandated requirements pursuant to other provisions of the Victor Town Code or State Environmental Quality Review Act:
An offsetting density reduction of a number of residential development units equivalent to the additional number of residential development units granted as an incentive. The offsetting reduction in residential density shall be on a site or sites determined by the Town Board to be in an area where preservation of open space, rural character and/or agriculture would be of benefit to the Town. The Town Board shall consider relevant information and guidance in the Comprehensive Plan, in the Natural Resource Inventory, and in the Open Space Index in making this determination. In making this determination, the Town Board may also consult with the Town Planning Board and/or the Town Conservation Board.
A payment to the Town, in lieu thereof, of a sum determined by the Board to be equivalent to the cost of the reduction in residential density described immediately above in Subsection F(1)(a), but only if the Town Board has first determined that the reduction in residential density described immediately above in Subsection F(1)(a) is not immediately feasible, or is otherwise not practical. Such sum shall be deposited in a trust fund or funds to be used by the Town Board exclusively for the following community benefits:
Reductions in residential density on a site or sites determined by the Town Board to be in an area where preservation of open space, rural character and/or agriculture would be of benefit to the Town; or
Infrastructure improvements in areas determined by the Town Board to be otherwise appropriate for increased residential density but where the Town Board is unable, after evaluating the effects of any potential incentives which are possible by virtue of the provision of community amenities, to find adequate public facilities, including adequate transportation, water supply, waste disposal and fire protection, in the absence of such improvements.
Criteria and procedure for approval.
Applications for incentives in exchange for amenities under this section shall be submitted to the Town Board, together with proof of payment of the application fee. The amount of such fee shall be set from time to time by resolution of the Town Board. In order to preliminarily evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be provided by the applicant:
The requested incentive.
The proposed amenity that would reduce the residential density on another site or sites.
The cash value of the proposed amenity.
A narrative which:
Describes the benefits to be provided to the community by the proposed amenity.
Explains how the amenity helps implement the physical, social or cultural policies of the Comprehensive Plan as supplemented by the local laws and ordinances adopted by the Town Board.
Gives preliminary indication that there is adequate sewer, water, transportation, waste disposal and fire protection facilities in the zoning district in which the proposal is located to accommodate the additional demands the incentive and amenity, if it is an on-site amenity, may place on these facilities beyond the demand that would be placed on them if the district were developed to its fullest potential.
Gives preliminary information regarding features described in the Natural Resource Inventory as being present on the site(s) being proposed for utilization of the requested incentive.
Gives preliminary indication whether circumstances exist that would suggest that the community benefit or amenity may not be immediately feasible or may otherwise be impractical.
The Town Board shall review the applicant's proposal and inform the applicant whether or not the proposal is worthy of further consideration. If it is deemed worthy of further consideration, the applicant shall submit four sketch plans to the Town Board, which shall then refer the same to the Town Planning Board for review and comment.
Incentive Sketch Plan 1. Incentive Sketch Plan 1 shall show how the site(s) upon which the incentive would be utilized will be developed with the incentive and in compliance with all other applicable provisions of the Victor Town Code. The plan shall also show existing development, property owners' names and Tax Map numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
Incentive Sketch Plan 2. Incentive Sketch Plan 2 shall also show how the site(s) upon which the incentive would be utilized would be developed in compliance with all applicable provisions of the Victor Town Code and shall also show existing development, property owners' names and Tax Map numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board. Incentive Sketch Plan 2, however, shall only show how the site would be developed exclusive of any incentive.
Amenity Sketch Plan 1. Amenity Sketch Plan 1 shall show how the site(s) encompassing the proposed amenity would likely be developed with the proposed amenity and in compliance with all other applicable provisions of the Victor Town Code. The plan shall also show existing development, property owners' names and Tax Map numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
Amenity Sketch Plan 2. Amenity Sketch Plan 2 shall show how the site(s) encompassing the proposed amenity would likely be developed without the proposed amenity and in compliance with all other applicable provisions of the Victor Town Code. The plan shall also show existing development, property owners' names and Tax Map numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
The applicant shall also submit such additional information and plans as may be required by either the Town Board or the Planning Board which, in their judgment, are necessary in order to complete a thorough evaluation of the proposal.
The Planning Board will review the proposal and report to the Town Board with its evaluation of the adequacy with which the incentive fits the site and how it relates to adjacent uses and structures. The Planning Board's review shall be limited to the planning design and layout considerations involved with project review or such other issues as may be specifically referred by the Town Board. The Planning Board's report shall be submitted to the Town Board within 70 days from the date of the Planning Board meeting at which the proposal first appears on the agenda. The time period may be extended or suspended for good cause by the Town Board.
The Town Board will review the Planning Board's report. The Town Board will then notify the applicant as to whether it is willing to further consider the proposal and hold a public hearing thereon. For Town Board public hearings on incentive zoning requests, notice of the public hearing shall be given in the same manner and time as would be required were the request instead a petition to rezone property to a different district.
All applicable requirements of the State Environmental Quality Review Act and its regulations promulgated at 6 N.Y.C.R.R. Part 617 shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of an environmental assessment of the proposal, the assessment shall also include:
Verifications that the zoning district in which the proposal is to be located has adequate sewer, water, transportation, waste disposal and fire protection facilities to:
First, serve both the developed land as well as the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal; and
Second, serve the on-site incentive given the development scenario referenced immediately above in Subsection G(5)(a)[1]; and
Third, with respect to transportation in particular, serve those traveling within the district regardless of whether they have a direct association with land within the district.
In instances where the Town Board is considering a determination that a suitable community benefit or amenity is not immediately feasible, or is otherwise not practical, and that the Town Board may therefore require, in lieu thereof, a payment to the Town of a sum to be determined by the Town Board, an evaluation of the adverse impacts of the density bonus to:
Either the anticipated build-out or the hypothetical build-out; and
The program goal of moving development units or rights from one area to another without increasing either the anticipated or hypothetical build-out; and
The effectiveness of the incentive zoning program in general to facilitate such movements without increasing either the anticipated or hypothetical build-out.
Following the hearing and in addition to compliance with all SEQRA requirements, the Town Board shall, before taking further action, refer the proposal for review and comment to other governmental agencies as may be required. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on such other applications as may be required. Both the Planning Board and the Code Enforcement Officer shall take the incentive approved by the Town Board into account in determining the project's compliance with the Victor Town Code.
§ 211-47 Communication towers.
[Added 2-13-1995 by L.L. No. 2-1995; amended 7-26-1999 by L.L. No. 8-1999; 11-27-2000 by L.L. No. 16-2000; 6-9-2014 by L.L. No. 5-2014]
Legislative intent. The Town of Victor recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a telecommunications tower and related facilities. The intent of this section is to protect the Town's interest in siting such towers in a manner consistent with sound land use planning by minimizing visual effects of towers through careful design, siting and vegetative screening, avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of towers and maximizing use of any new or existing tower and encouraging the use of existing buildings and/or structures to reduce the number of towers needed, while also allowing wireless service providers to meet their technological and service objectives for the benefit of the public. This section is intended to comply with the Federal Telecommunications Act of 1996.
Definitions. As used in § 211-47 only, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction with a telecommunications facility or tower and located on the same lot as the telecommunications facility or tower. Examples of such structures include utility or transmission equipment, base stations, storage sheds or cabinets.
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication services and microwave communications.
Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.
Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.
An uninhabitable structure on which antennas are designed to be located. It includes, without limit, freestanding towers, guyed towers, monopoles and other similar structures which may employ camouflage technology.
Approvals required for telecommunications facilities.
No telecommunications facilities shall hereafter be used, erected, modified, or reconstructed except after the granting of a special use permit by the Town Planning Board and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.
New telecommunications facilities shall be permitted in any zoning district upon the issuance of a special use permit and the granting of site plan approval, in accordance with § 211-9.
In reviewing an application for a special use permit for a new telecommunications facility, the Planning Board shall, at a minimum, require that the following criteria be met:
Site location. A proposed location shall receive approval from the Planning Board following satisfaction of the following requirements:
Documentation of the need for the use of the site proposed, an analysis demonstrating that proposed location is necessary to meet the needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. For new towers, that there is not a technologically feasible and available location on an existing cellular tower or existing high structure or municipal, government-owned or school district property.
A completed environmental assessment form (EAF) along with documentation regarding visual impacts, including a simulated photographic visualization of the site, with particular attention to visibility from key viewpoints identified in the EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the EAF.
Location preference.
Preference shall be given that the proposed facility be located in a higher-use district or on higher-intensity-use property. Such preference, from most favorable to least favorable, is as follows:
The applicant shall provide an explanation as to how this provision was considered and applied in selecting a site and why a lower-preferred site was selected over a higher-preferred site, if a lower-preferred site was selected.
A site plan prepared to scale in sufficient detail and accuracy showing at a minimum:
The exact location of the proposed tower, together with any guy wires and guy anchors, if applicable.
The maximum height of the proposed tower.
A detail of tower type (monopole, guyed, freestanding or other) including any appendages.
The location, type and intensity of any lighting on the property.
Property boundaries and names of adjacent landowners.
Proof of the landowner's consent if the applicant does not own the property.
The location of all other structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of those structures to any proposed tower.
The location, nature and extent of any proposed fencing, landscaping and/or screening.
The location and nature of proposed utility easements and access road, if applicable.
A grid or map of all of the applicant's existing telecommunications facility site areas in the Town.
All information regarding the tower and antenna prepared by the manufacturer of the tower or antenna or the applicant, including but not limited to the following:
The make and model of the tower to be erected.
The manufacturer's design data for installation instructions and construction plans.
The applicant's proposed tower maintenance and inspection procedures and records system.
Identification of any anticlimb device to be installed.
Confirmation that the antennas to be mounted on the tower will be operated only at FCC-designated frequencies and power levels.
All proposed signage, provided that no tower or facility shall contain any advertising signs or advertising devices except signage identifying a health or general welfare message and owner(s) name and contact information intended solely for the protection of the general public.
Certification by a licensed NY engineer confirming the structural integrity of the tower.
Height.
The Planning Board shall approve, subject to the limitations set forth in Subsection D(1)(a) below, the height of each proposed telecommunications tower. In reviewing such issue, the Planning Board shall consider the minimum height necessary for the applicant's needs and may also take into consideration the potential for co-location in approving or requiring additional height above the minimum necessary for the applicant's needs.
The maximum height for telecommunications towers permitted under this section, including any antennas, extensions or other devices extending above the tower, measured from the ground surface immediately surrounding the site, shall be the lower of 200 feet or a height below which lighting is required by the FAA.
Applicants are encouraged to provide their towers for use by other carriers at a reasonable fair market value. Additionally, where such co-location is unavailable, location of antennas on preexisting towers shall be considered by the applicant. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for co-location with existing facilities and the use of other preexisting structures as an alternative to a new construction, or, if no such existing facilities or preexisting structures are viable, the reasons therefor.
The applicant shall be required to submit a report demonstrating good faith efforts to secure co-location with existing towers as well as documenting capacity for future co-location for the proposed tower. Written requests and responses for co-location shall be provided.
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities. This requirement may be waived by the Planning Board, provided that the applicant demonstrates that future shared usage of the proposed facility is not feasible and an unnecessary burden, based upon:
The number of Federal Communications Commission (FCC) licenses foreseeably available for the area.
The number of existing and potential licenses without tower spaces/sites.
Available spaces on existing and approved towers.
Potential adverse visual impact by a tower designed for co-location.
Not more than one communication tower shall be permitted on any parcel of land. Telecommunications facilities under the exclusive control or ownership of a municipal corporation are exempt from this subsection.
Modifications. Modifications to existing telecommunications facilities are permitted and shall require a special use permit upon application to the Planning Board. The Planning Board shall issue such special use permit upon the following criteria:
That the proposed modification involves the co-location of new transmission equipment, or the removal or replacement of transmission equipment.
That the proposed modification does not substantially change the physical dimensions of any tower or base station, and does not exceed the height restrictions set forth in Section C(3)(c)[2], herein.
An applicant intending to co-locate with an existing tower shall be required to document permission from an existing tower owner to co-locate.
The Planning Board shall have the authority to impose such reasonable conditions as are directly related to and incidental to the proposed modification.
Additional requirements and standards.
The following criteria and additional requirements shall apply to each application for site plan approval for a new telecommunications facility:
Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property in order to contain on site substantially all ice fall or debris from tower failure. A setback of the tower from any adjacent property line shall be equal to the tower height plus 20 feet. Accessory structures must comply with the minimum setback requirements for such structures as defined in the underlying district.
Aesthetics.
Telecommunications facilities shall be located and their visual effects minimized through careful design and buffering via vegetative screening to the maximum extent which is practical and feasible to help ensure compatibility with surrounding land uses. The following provisions shall serve as guidelines or examples for the Planning Board in considering to how to screen towers:
Native plants and vegetation consistent with the Town Native Plan Manual is recommended. To screen the base of the tower and accessory structures, a row of deciduous trees capable of forming a continuous hedge at 10 feet in height within two years of planting and not more than 20 feet apart and within 25 feet of the tower base and accessory structures, or other landscaping or buffering as the Planning Board shall reasonably require.
Within 50 feet of the boundary, at least one row of evergreen trees, shrubs or other landscaping or buffering as the Planning Board shall reasonably require, at least four feet high when planted and spaced not more than 15 feet apart.
All trees, plantings, and landscaping shall be maintained and replaced if needed.
Existing on-site vegetation shall be preserved to the maximum extent possible.
The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that towers should not be artificially lighted, except as required by the FAA.
The tower shall be of a galvanized finish or painted matte grey unless otherwise required by the FAA, and accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.
All towers and accessory facilities shall be sited to have the least adverse visual effect on the environment.
Traffic, access and safety.
Access may be required to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Construction of pervious roadways (crushed stone, gravel, etc.) is preferred and shall be permitted notwithstanding underlying zoning district regulations which may provide otherwise. Road construction shall, at all times, minimize ground disturbance and vegetation cutting, and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism.
The Planning Board shall have the authority to require appropriate camouflaging and to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications tower special use permit and/or site plan.
Removal of obsolete/unused telecommunications facilities.
The applicant shall agree, in writing, to remove all telecommunications facilities (including tower or antennas) and restore the site to its original condition and shall incur all expenses therefor if the facility becomes obsolete or ceases to be used for its intended purpose for 120 days. Removal of such obsolete and/or unused facilities and restoration of the site to its original condition shall take place within 30 days of receipt of written notice from the Town Board. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete facilities upon any person subsequently securing rights to co-locate on the tower or telecommunications facility.
As security for the performance of the requirements set forth above, the applicant shall, upon the granting of approval under this section and prior to the installation of any facilities, execute and file with the Town Clerk a bond or other undertaking which shall be approved as to form, manner of execution and sufficiency for surety by the Town Board and Town Engineer and shall be with a solvent surety corporation. Such bond or undertaking shall be conditioned upon the faithful performance of the provisions of subsections above, and in the event of default, the bond or undertaking shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or undertaking shall remain in full force and effect until the removal of the facilities, tower, antennas and/or accessory structures, and site restoration. The value of the bond shall be equal to 125% of the cost of demolition and restoration of the site.
All essential emergency services will be given access to obtain necessary space or service on the tower at no cost (other than installation and maintenance).
Reimbursement for expenses. Each application shall include application fees, engineering review fees and legal fees, as outlined in the Town Fee Schedule. The Town may also retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.
Annual report. The applicant or its successors or assigns shall file annually with the Town on the second day of January following approval of the telecommunications facility a written report certifying that the applicant or its successors or assigns are complying with its maintenance and inspection procedures and records system and that the telecommunications facility is not a hazard or a threatened hazard to the health and safety of the public.
Exemptions.
The following types of telecommunications facilities are not subject to the provisions of this section:
Antennas and satellite antennas used solely for on-site residential household television and radio reception and involving a structure with a height less than fifteen (15) feet above existing grade or, if attached to a structure, 35 feet above existing grade.
Satellite antennas measuring two meters or less in diameter and located in commercial districts.
Radio antennas for personal use regulated by the FCC for licensed amateur radio operation.
Lawful or approved use and existing prior to the effective date of this section; however, no telecommunications facility shall be modified unless in conformity with this section.
Telecommunications facilities may be repaired and maintained without restrictions.
§ 211-48 Compliance with Town Design and Construction Standards and Chapter 55.
[Amended 8-26-2019 by L.L. No. 9-2019]
All development shall be consistent with the current Town Design and Construction Standards and the access management standards of Chapter 55 unless specifically waived by the Planning Board. In waiving any standards or requirements of Chapter 55, the Planning Board shall comply with the requirements and procedures contained therein.
§ 211-49 Certificate of compliance.
[Added 2-13-1995 by L.L. No. 2-1995; amended 4-8-1996 by L.L. No. 7-1996]
Any change of use or occupancy shall require a certificate of compliance from the Code Enforcement Officer. The premises must conform to the requirements of the Town Code or, in the alternative, be established as a nonconforming use. Changes in use shall require site plan approval by the Planning Board.
§ 211-50 Appurtenant activities; topsoil removal.
[Added 12-11-1995 by L.L. No. 12-1995]
Appurtenant activities may only be conducted on such properties that are the subject of an approved subdivision and/or site plan, and in accordance with the provisions of the Town of Victor Design and Construction Standards for Land Development.[1]
[1]
Editor's Note: Said Standards are on file in the Town offices.
Permanent removal of topsoil requires prior permission of the Planning Board as part of the permit required by this chapter. Prior to said removal authorization the applicant shall demonstrate that sufficient topsoil will remain. A minimum of six inches of topsoil must remain for portions of the site not covered by structures, sidewalks, parking areas, roadways or driveways.
§ 211-50.1 Demolition permit review.
[Added 5-8-2017 by L.L. No. 3-2017]
Prior to issuing a permit for the demolition of any structure, whether in whole or in part, the Code Enforcement Officer shall determine whether the structure is 50 years old (or older) or is listed on the Town Historic Resources Inventory. Nothing in this subsection shall limit the demolition of unsafe structures in accordance with § 83-9.
If the structure is both less than 50 years old and not listed on the Town Historic Resources Inventory, the Code Enforcement Officer shall issue the demolition permit in accordance with § 83-4F.
If the structure is 50 years old (or older) or listed on the Town Historic Resources Inventory, the Code Enforcement Officer shall refer the application for said demolition to the Planning Board for its review and recommendation.
For such applications referred to the Planning Board, the Planning Board shall hold a public information meeting and its review shall include the impact of the demolition on the Town's historic resources, including but not limited to the following considerations:
If the structure is 50 years old (or older) or is listed on the Historic Resources Inventory as having "high" significance, the following considerations:
Recommendations, if any, from the Town Historic Advisory Committee and/or Town Historian.
Whether the structure can be preserved or incorporated into the future design or plan for the parcel.
Whether there are alternative sites for the applicant's project.
Whether the structure can be relocated without undue hardship to the applicant.
Whether the parcel or structure can be sold to a buyer willing to rehabilitate the structure.
Whether architectural features of the structure can be documented and/or salvaged prior to demolition.
Whether other alternatives for preserving all or a portion of the structure exist without imposing an undue hardship upon the applicant.
If the structure is listed on the Historic Resources Inventory as having "medium" significance, the Planning Board's review shall include the recommendations, if any, from the Town Historic Advisory Committee.
If the structure is listed on the Historic Resources Inventory as having "low" significance, the Planning Board's review shall include the recommendations, if any, from the Town Historian.
After reviewing the application for demolition and hearing all comments submitted in writing and/or at the public information meeting, the Planning Board shall issue nonbinding recommendations to the applicant and shall authorize the Code Enforcement Officer to issue the permit.