The Town of Rochester Town Board held a Workshop Meeting regarding the Zoning Revision Recommendations on May 23, 2017 at 6:15pm at the Town of Rochester Town Hall.
PRESENT:
SUPERVISOR CHIPMAN COUNCILWOMAN CHACHKIN COUNCILWOMAN FORNINO
COUNCILMAN DRABKIN COUNCILWOMAN HAUGEN-DEPUY TOWN CLERK GUNDBERG
ATTORNEY CHRISTIANA
PLEDGE:
Supervisor Chipman opened the meeting and Councilwoman Chachkin led in the Pledge of Allegiance to the Flag.
Proposed Chapter 140 Amendments
§ 140-4 Specific Definitions.
Bedroom – The definition shall be the same as it appears in the Property Maintenance Code of New York State.
Cargo storage container – Any portable, reusable metal vessel originally, specifically, or formerly designed for or used in the packing, shipping, movement, or transporting of freight by commercial trucks, trains, and/or ships. When used for any purpose other than transporting freight a cargo container is a structure.
DISCUSSION: Cargo storage container definition
Councilwoman Fornino stated that there are laws regarding movable structures, is there a setback of the size of property?
Councilman Drabkin stated that if these don’t have wheels does it make a difference?
Attorney Christiana stated this section is talking about the definition of the cargo structure.
Campground or Recreational Vehicle (RV) Park — The development or use of a lot, tract or parcel of land for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes, tents, park model recreational vehicles (as defined by the Recreational Vehicle Industry Association) or permanent cabins of less than 500 square feet footprint size that represent less than 20% of such accommodations as are offered, that is owned and managed as a resort for camping purposes. “Campsites, “campgrounds” or “recreational vehicle parks,” tent camping facilities and other similar facilities regardless whether rights to occupy a campground lot are conveyed by lease, rent, sale or any other means shall be included in this definition. Also, this definition shall include those situations where camping occurs with no specific rights of occupation offered but the use nonetheless permitted by the owner’s direct or indirect action of lack thereof.
Dwelling Unit – A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. The definition shall be the same as it appears in the Property Maintenance Code of New York State.
Existing Building or Structure – A structure erected prior to the adoption of this code, or one for which a legal building permit has been issued.
HUD – United States Department of Housing and Urban Development
ICC – International Code Council
Manufactured (Mobile) Home — A factory manufactured structure built to the federal Manufactured Home Construction and Safety Standards (HUD Code), transportable in one of more sections, which is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. Manufactured home does not include a modular home or self-propelled recreational vehicle.
Mixed Use — Any combination of residential dwellings and permitted nonresidential uses, typically residential and commercial/office, on the same lot or in the same building for use of owners, caretakers, security personnel or rented as apartments.
Mobile Home – Factory-built homes produced prior to June 15, 1976, when the federal Manufactured Home Construction and Safety Standards (HUD Code) went into effect.
Park Model Recreational Vehicle (PMRV) – As defined by the Recreational Vehicle Industry Association, a trailer-type RV that is designed to provide temporary accommodation for recreation, camping or seasonal use. PMRVs are built on a single chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set-up mode. They are certified by their manufacturers as complying with the ANSI A119.5 standard for recreational park trailers.
DISCUSSION: park model recreational vehicle definition
Councilwoman Haugen-Depuy asked who set the 400 square feet?
Attorney Christiana stated the these are structures that are on wheels and set by PMRV.
Portable storage container – A portable, weather-resistant receptacle without wheels designed specifically and used for the storage or shipment of household goods, wares, building materials or merchandise.
Railroad boxcar – A railroad car that is enclosed and generally used to carry freight. Boxcars have side doors of varying size and operation and some include end doors and adjustable bulkheads to load very large items.
Road Right-of-Way Line — The right-of-way perimeter line or plan lines of any road or street which shall establish the starting measuring point of any yard setbacks of a lot. In the case such right-of-way line cannot be established, the assumed edge of the right-of-way shall be measured from the centerline of roadway and established at a distance of 25 feet from such centerline.
Supervisor Chipman stated this is because different roadways have different widths.
Short-term Transient Rental – See §140-26A
Sign — Any device, facade, fixture, material, placard or structure that uses any color, form, graphic, picture, illumination, symbol or writing to advertise, announce, declare or identify a purpose or entity or to communicate information of any kind to the public outside of a building, including neon or fluorescent painted building outlines and similar devices.
A.Animated, Moving, or Flashing Sign — Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
A.B. Business, Commercial, or Institutional Identification Sign — A sign advertising a business or institution or identifying the business or profession of the owner or occupant of the property on which it is placed.
C. Changeable Letter Sign – A sign where the supporting frame or structure is permanent and only the letters, displays or illustrations are changeable or temporary.
B.D. Commercial Directory — A combination, on a single structure not exceeding eight feet in height, of a sign identifying a business complex with other smaller uniform signs listing businesses on a property. Such signs shall replace freestanding signs which the advertisers would otherwise have rights to place on the property and use no more than 20 square feet in surface area on each side to identify a complex or more than 10 square feet on each side to identify a specific business or service.
C.E. Contractor Sign — A sign of a builder or contractor that is erected and maintained while such persons are working on a property and is immediately removed when the work is complete.
F. Digital or Electronic Message Sign – Any sign with changing text or graphics generated by electronic components advertising a product, service, or activity, public service message, time, and/or temperature.
DISCUSSION:
Councilwoman Haugen-Depuy asked if there was an overlap with A.?
Attorney Christiana stated that it will be differentiated later on.
D.G. Freestanding Sign — A pole sign or ground sign.
E.H. Ground Sign — A sign rising from a ground foundation and not over eight feet in height. The entire bottom of such sign is in contact with or in close proximity to the ground.
F.I. Incidental Commercial Sign — An advertising sign on which is located a simple message directed only to persons on the lot, such as a gas pump sign, credit card sign or pricing sign placed in a window or on a door.
G.J. Off-premises Advertising Sign — A sign advertising a business or service located off the premises on which the sign is located.
H.K. Pole Sign — A sign supported by a poles(s) as a structure independent of any building. Pole signs are also separated from the ground by air.
I.L. Portable Sign — A sign not permanently attached to the ground or a structure and designed to be transported, including signs on wheels, A or T frames or any other movable device or vehicle.
J.M. Real Estate Sign — A sign which advertises the availability of land, buildings or spaces within buildings as being for sale or rent.
N. Static Alpha-numeric Display Sign – A digital sign which singular function is only capable of displaying numbers and letters in static mode only. Any digital sign which retains the same stationary message for a period of 12 hours or more shall be considered a static alpha-numeric display signThese signs are restricted in operation, limited only to displaying gas/fuel prices at auto services stations, hotel room rates, time/temperature, or other fixed message use and can only operate for that specified purpose.
K.O. Temporary Sign — A nondurable sign not intended for permanent placement, including advertising pennants.
L.P. Traffic Direction Sign — An informational sign on which is located a simple traffic directive directed only to persons on the lot, such as a “no parking,” “loading in rear,” “one-way” or “office this way” sign.
M.Q. Wall Sign — A sign painted on or attached flush with a structural wall of a building, including window signs occupying more than 50% of the window or door surface and projecting signs not extending out from the structural wall surface more than 18 inches.
Truck trailer – A portable receptacle supported at the rear by its own axles and wheels, and at the front by fifth wheel from a tractor or dolly.
DISCUSSION: Truck Trailer definition
Supervisor Chipman asked if it has to be a 5thwheel?Because there are different trailers like a pindlehook.
Councilman Drabkin stated that it should state a portable receptacle supported at the rear by its own axles and wheels.
Councilwoman Chachkin stated that we should look into why we have this definition.
§ 140-10 Lot Development Standards.
A. Minimum development standards. The development standards contained in the Schedule of District Regulations are minimums and shall apply to each use, unless otherwise specifically provided.
(1) All residential use dwelling units, whether intended for primary or accessory use shall meet New York State Uniform Fire and Prevention and Building Code and ICC requirements prior to occupancy.
(1)(2)Multiple permitted uses, as defined herein, are permitted on a given lot as a Special Use, provided development standards for the combined uses are met, including the combined lot area.Yard requirements shall apply to the lot perimeter in such cases, provided building separations meet New York State Uniform Fire and Prevention and Building Code requirements.Some exceptions may apply as stated in §140-10 (A)(3).
(2)(3)Lot area exceptions. (See also Article 5 of this law, “Supplementary Regulations Applicable to Particular Uses”, for additional lot area exceptions applicable to specific uses). For lots located in the AB-3, R-1, H, and B zoning districts, where a mixed use, as defined herein, ismultiple permitted uses which include a residential use are proposed in the same structure, the required lot area shall be the larger lot area required for either use as set forth in the Schedule of District Regulations. Where a mixed use, as defined herein, ismultiple permitted uses which include a residential use are proposed in separate structures, the required lot area shall be the sum of the minimum required lot area for each use as set forth in the Schedule of District Regulations.
(3)(4)Adaptive Reuse. Any applicant who proposes a project which involves the adaptive re-use of an existing building or structure shall be permitted to request a waiver from the Planning Board from any yard (setback) area, lot width, lot depth, height or lot coverage area development standards of a particular zoning district provided all the following requirements are met. In such case and area variance shall not be required.
(a) The use proposed is one which is allowed in that zoning district.
(b) Any new construction will not further violate any area development standard requirements.
(c) Board of Health requirements for water and sewer can be attained.
A. Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection.
C. Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall besubject to the front yard requirements. Other yards shall beconsidered side yards.
D. Minimum lot frontage.
(1) All lots shall have a front lot line with a minimum length of 50 feet on a public or private road either existing or proposed.
(2) Insufficient frontage with access via shared driveway. The Planning Board may grant a waiver from required lot frontage and other street requirements of this Law upon written request and application by the developer to the Planning Board to permit a subdivision which would result in access to no more than two single-family dwellings or lots which do not have the required minimum lot frontage and are proposed to gain access from a shared driveway through the establishment of a right-of-way. The shared driveway shall be utilized by no more than a total of three single-family dwellings or lots including the lot it has access over. The Planning Board shall review such application in the manner as prescribed under subsection § 140-10(D) (3), and no approval shall be granted unless a release has been given the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and the lots in question are not capable of beingsubdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the shared driveway shall also be provided in the form of deed covenants and a road maintenance agreement. See also Town of Rochester Code §125-29(R) 125-28 R
(3) Private road frontage. The Planning Board, in review of such Site Plan or Subdivision which has or proposes lot frontage on or has access by a private road, shall refer such application to the Town Highway Superintendant Superintendent for determination as to the condition of the private road and determination if such private road meets Town standards for private roadways. The Planning Board may impose conditions of approval stating the lot in question is not capable of being subdivided further or is so restricted, may impose restrictions on the issuance of building permits, may restrict the use of such parcels to single-family residential use, may require improvements be made to an existing private road, or any other conditions determined to be in the interest of health, safety, and welfare. Private road standards in this Chapter shall be the same as those set forth in Town of Rochester Code §125-29(S)125-28(S).
(4) Where any portion of access and/or infrastructure for a parcel to be developed is to be located in an adjoining municipality, final approval shall not be granted until such access and/or infrastructure is complete and approved by the adjoining municipality.
§ 140-12 Yard (Setback) Regulations.
A. Front yard determination. Front yards shall be measured from the edge of the road right-of-way, which shall be assumed to be 50 feet in width in all cases where unknown. The assumed edge of right-of-way in such instances shall be measured from the centerline of roadway and established at a distance of 25 feet from such centerline.The front yard setback shall be measured starting at the near edge of the road right-of-way which shall be established as follows in all cases:
(1) Parcels which have road frontage on a public NYS Dept. of Transportation or Ulster County Dept. of Public Works controlled roadway. The front yard setback shall be measured beginning from the lot line nearest the road as documented by the recorded survey, plat, deed, or official highway map to the satisfaction of the Code Enforcement Officer.
Supervisor Chipman Stated this is because there is such a wide variance with County, State & Town Roads.
(2) Parcels which have road frontage on a public Town of Rochester controlled roadway. The front yard setback shall be measured from a point established at 25 feet from the centerline of such roadway unless otherwise documented by the recorded survey, plat, deed, or official highway map to the satisfaction of the Code Enforcement Officer.
(3) Parcels which have road frontage on a private controlled roadway. The front yard setback shall be measured beginning from the edge of the established or traveled right-of-way unless otherwise documented by the recorded survey, plat, deed, or official highway map to the satisfaction of the Code Enforcement Officer.
(4) Parcels which have no road frontage and are accessed via a shared driveway or right-of-way. The front yard setback shall be measured from the edge of the lot line as documented by the recorded survey, plat, or deed to the satisfaction of the Code Enforcement Officer.
*Section (4):The Board made a grammar change of is to are as highlighted above.
§ 140-13 Accessory Structures and Uses.
The location, limitation and coverage of accessory buildings and uses shall be as follows:
A. No accessory building permitted by this law shall be placed in any required side or front yard (setbacks) except as provided in sub-section C below.
B. The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 25% of the rear yard (setback) area.
C. Accessory structures not attached to a principal structure shall:
(1) Accessory structures located in a side or rear yard and not attached to a principal structure shall beBe located not less than 10 feet from any side or rear lot line or in such a fashion as to prevent emergency firefighting access or to shade a residential structure on an adjoining lot. Any structure over 200 square feet in floor area shall meet setbacks for principal structures.
DISCUSSION: Section (1)
Supervisor Chipman stated the point of this is not to infringe on neighbors.
Councilwoman Chachkin stated that the actual standards have not changed.
(2) Be no closer to the street than any principal structure on the lot, except in the case of agricultural buildings. Accessory buildings to principal structures located more than 100 feet from a lot line shall also be exempt. Accessory structures may, in these situations, be located in front ofresidences but not in required front yard setback areas. Accessory structures not attached to a principal structure located closer to the street and in front of any principal structure on the lot shall have a footprint area no greater than the principal structure area, except in the case of agricultural buildings or accessory structures located more than 100 feet from the front lot line. No accessory structure may be in the required front yard setback areas, except as may be permitted elsewhere herein.
Supervisor Chipman stated that you cannot build a structure in front of your home that is larger than your home unless you have the proper footage or are Ag exempt. This is because of emergency personnel not being able to reach the home.
D. When an accessory structure, such as a garage, carport, workshop, porch, or deck is attached to theprincipal building, it shall comply with requirements for principal buildings. All unattached structuresshall be separated by a minimum of 12 feet or one-half the average height of the two structures.
E.The use of cargo orportable storage trailers or bulk/shipping containers as an accessory use in connection with a residential, agricultural, industrial, commercial or institutional use shall be permitted with permit from the Code Enforcement Officer. Railroad boxcars, truck trailers, manufactured home units and recreational vehicles shall not be used for purposes of accessory or principalstructures in connection with any use. Cargo or portable storage containers:with Site Plan Review where the trailers or containers can be substantially screened from view with evergreen plantings, fencing or earthen berms as may be required to accomplish the purpose. The use of storage trailers or bulk/shipping containers as an accessory use in connection with agricultural production shall be permitted as an accessory use provided all accessory use setbacks are met.
(1) shall meet the setback requirements of the underlying zone.
(2)shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage.
(3) shall be limited to 2 per parcel
DISCUSSION: Section (3)
The Board discussed removing parcel and making it more specific to acreage or size of parcel.
Councilman Drabkin stated that limiting it to 2 is unfair.
Supervisor Chipman stated 2 units per acre should be fair.
Attorney Christiana suggested that they keep it the way it is and she what happens at the Public Hearing.
The topic was tabled for now.
(4) As a condition of placement, may be required by the Code Enforcement Officer or Planning Board to be fenced or screened from abutting properties and/or rights-of-way pursuant to the provisions of the underlying zoning regulations.
(5 )shall not be stacked above the height of a single container device, except in an I zoning district with Site Plan approval by the Planning Board.
DISCUSSION: Section (5)
Councilman Drabkin if it is approved by the building department and is structurally sound, there is no reason to set restrictions.
Councilwoman Chachkin state height restrictions is the issue of safety.
Councilman Drabkin stated he doesn’t see anything wrong with stacking the storage containers as long as they are structurally sound and it is approved by the CEO.
Attorney Christiana was directed to discuss the issue with the CEO and the Board will revisit the topic at the audit workshop meeting.
(6) shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing. Cargo or portable storage containers shall be painted a non-reflective earth-tone color and be maintained in a condition free from rust, peeling paint and other forms of deterioration. Exception shall be made for a portable storage container which shall be a rented unit for temporary use in preparation for shipment of contents. In such case the owning company logo may be visible.
Councilman Drabkin stated that he doesn’t object to painting the containers but it’s a burden mess of the CEO to enforce maintenance of the containers. (section 6)
(7) shall not occupy required access, off-street parking, loading or landscaping areas.
(8) shall be used for storage only and shall not be used for human habitation and/or commercial business purposes involving occupancy.
(9) shall not be used to store any hazardous materials in violation of any federal, state, or local requirements.
(10) No permanent mechanical, plumbing, or electrical installations or connections shall be made to the storage unit.
(11) Any containers placed within the FEMA designated 100-year floodplain shall adhere to the Code of the Town of Rochester Chapter 81, Flood Damage Prevention, or its successors.
F. Wind Turbines. The Planning Board may approve, approve with conditions, or disapprove small windturbine applications designed for residential, agricultural, institutional and business use on the sameparcel. Such applications shall be processed as Special Uses, but may be appropriately modified bythe Planning Board to reflect the scale of the proposed facility. All small wind turbines shall comply withthe following standards and, to the maximum extent practicable, with all other requirements of this lawnot in conflict herewith except wind turbines used to supply up to 110% of the electrical needs of anyagricultural operation located within a State certified agricultural district shall be considered on-farmequipment and be exempt from these requirements, provided the equipment is located on theagricultural operation that it supplies with such electricity:
(1) A system shall be setback from any property line by a distance no less than its height.
(2) Small wind turbine shall be used primarily to reduce the on-site consumption of electricity.
(3) Total heights shall be a maximum of 155 feet.
(4) The maximum turbine power output is limited to 100 kW.
(5) Tower-climbing apparatus shall be located no closer than 12 feet from the ground, a locked anticlimbdevice shall be installed on the tower or a locked, protective fence of at least six feet in heightthat encloses the tower shall be installed to restrict tower access.
(6) Anchor points for any guy wires for a system tower shall be located within the property that thesystem is located on and not on or across any above-ground electric transmission or distributionlines.
G. Solar Energy Structures. See § 140-37 Solar Energy
H. Fences and walls. Fences, walls, or retaining walls shall be classified as accessory structures subject to the following standards:
(1) There shall be no minimum setback requirement, except in all cases, fences and walls shall be so constructed as to not impair the sight distance along any street or the sight triangle of a corner lot, as verified by the agency having jurisdiction over such street or the Town Highway Superintendent.
(2) Shall not exceed a height of four six feet when located in any front yard setback or eight feet when located in any side or rear yard setback in any zoning district.No fence may exceed eight feet in any casein any zoning district. Fence height shall be measured from the natural contour of the ground to the top of the fence. The addition of berms or raising of the ground to lessen fence height shall not be allowed.,except the
(3) The Planning Board maymodifywaive these height restrictions in the case of a commercial or industrial use or in the case of a residential property which is contiguous to a commercial or industrial use upon Site Plan review and a determination that such exception will create beneficial screening and not impact neighboring properties.
(3)(4)The use of agricultural fences, as defined herein, shall be exempt from any height restrictions. In no event shall any such fence impede highway sight distances.
§ 140-19 Home Occupation Regulations.
A. Home occupations are permitted in all districts subject to regulation by class. Classifications of home occupations and limitations applicable to each follow:
B. A Class II or III Home Occupation residential dwelling may have one non-illuminated accessory use ground sign not to exceed 12 square feet in area to identify a home occupation.
C. No home occupation, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this law and such permission or establishment shall not be a basis for a later application to establish a principal commercial use. Moreover, the conversion of a residence with a home occupation to a commercial use by the abandonment of the residence or sale, rent or transfer of the business to a party that does not reside on-site is strictly prohibited unless the business is then moved offsite, unless such commercial use is a permitted use in the given zoning district.
D. Home occupations involving the use of contractor or other heavy equipment (e.g., lawn maintenance and landscaping businesses) and similar enterprises requiring storage of materials or equipment shall provide inside storage area for all such materials and equipment. The Planning Board, may also, under site plan review, permit outside storage that is fully screened.
§ 140-21 Signs.
A. Purpose. It is the purpose of this section to help residents and visitors find what they need without difficulty; improve the appearance of the Town; and promote public safety by regulating sign construction and placement.
B. Application. All signs shall meet the standards herein and on the attached Schedule of Sign Regulations. Application for permits, where needed, shall be made to the Building Inspector together with any fees required. Written consent of property owners shall also be provided. Applications not requiring Planning Board review shall be acted upon within 30 days of receipt. Applications submitted to the Planning Board shall be acted upon within 45 days of receipt.
C. Sign review criteria. Discretionary signs subject to Planning Board review shall be approved, approved with modifications or disapproved based on the following design criteria:
(1) Signs should not interfere with views of other enterprises, residences or signs;
(2) Whenever feasible, multiple signs should be combined to avoid clutter;
(3) Signs should be as close to the ground as possible;
(4) Signs should be designed, sized and located to blend with buildings and landscapes.
(5) Signs should be located so as to not interfere with clear views required for public safety.
(6) Signs should not present an overhead danger or obstacle to persons below.
(7) Sign sizes should achieve ready visibility without becoming an unnecessary distraction.
(8) Large freestanding signs should be landscaped around the sign base.
D. General regulations. The following regulations shall apply to all signs:
(1) No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located. Signs shall also not extend above the roof line of the building to which they are attached.
(2) Except for official traffic signs and signs in H Districts, those signs that exceed 24 square feet in surface area shall be setback at least five feet from the front and side lot lines.
(3) No sign shall exceed a height equal to one-half its distance from a road right-of-way, regardless of other height limitations.
(4)Advertising signs shall not be designed in a manner that could be interpreted by a motorist asbeing a public safety warning or traffic sign.
(5) No sign shall be attached to a utility pole.
(6)Portable signs, except as provided herein, shall be subject to all freestanding sign regulations.
(7)Traffic directional signs shall be exempt from these regulations.
(8) Signs shall be internally lighted or illuminated only by a steady, stationary, (except for time and temperature reading),and shielded light source directed solely at the sign, except for as provided in §140-21(E) with minimal spillover of light past the sign and without causing glare for motorists, pedestrians or neighboring premises.
(9)Any sign located within the boundaries of the Catskill Park shall be subject to the provisions of the New York State Environmental Conservation Law.
E. Digital Sign Standard
(1.) Purpose. The Town of Rochester recognizes business owners and outdoor advertising companies appreciate digital signs because they are highly visible and allow sign owners to change messages easily and quickly. However, in general, safety experts recommend longer time intervals between sign face changes, which improve traffic safety and allow business owners and outdoor advertisers to still take advantage of some of the cost benefits of digital, variable-message advertising. Per a report for the National Cooperative Highway Research Project, “Of those research studies that have addressed driver distraction and roadside billboards, nearly every empirical study undertaken since 1995 hasdemonstrated that there is an adverse relationship between distraction and digital billboards”. Limitations on brightness are also important, both for driver safety and sign effectiveness. Digital signs should be clear and easy to read, without excessive text, colors, graphics, or other features that reduce their legibility. The Illuminating Engineering Society of North America and other organizations agree that luminance (nits) is the best measure for judging relative sign brightness.Determining nit levels may be best achieved by the manufacturer. However, measuring footcandles may be less expensive and easier to do in the field if a municipality is interested in field-checking digital signs. The Town has considered these reports in establishing the standards for this section.
Councilman Drabkin questioned whether this information should be in the master plan rather than the zoning?
The consensus was no.
(1) Two static alpha-numeric digital display signs shall be allowed per parcel. One digital sign which is not a staticalpha-numeric display shall be allowed per parcel.
(2) The character height of numbers or letters contained in a digital or static alpha-numeric sign cannot be less than 7 inches or exceed 15 inches. The background color of a digital or static alpha-numeric sign shall be black or other similar dark color.
(3) A digital sign may not allow the display or message to change more frequently than once every eight seconds, with a transition period of one second or less. The messages portrayed shall be complete in themselves without continuation of content to the next image, display, or to another sign. Messages and transitions may not contain the appearance of motion or animation. Special effects or operational modes such as a scroll, travel and spinning actions or the use of similar transitions and frame effects that have text, graphics or images that appear to move or change in size, or are revealed sequentially rather than all at once, are prohibited.
(4) Digital signs shall not incorporate sound or auditory components.
(5) All digital signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.
(6) A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this article. Certification must be provided to the Town demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower.
(a)Maximum brightness levels for Digital Signs shall not exceed 5000 nits or “Candelas per Square Meter” or (cd/m2) when measured from the signs face at its maximum brightness, during daylight hours. The maximum brightness levels for Digital Signs shall not exceed 500 nits or Candelas per Square Meter” or (cd/m2) when measured from the signs face at its maximum brightness, between sunset and sunrise.
(b) Written certification from the sign manufacturer must be provided at the time of application for a sign permit certifying that the light intensity of the sign has been preset not to exceed the illumination levels established by this section, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method.
(c) Re-inspection and recalibration may be periodically required by the TownCEO in its reasonable discretion to ensure that the specified brightness levels are maintained at all times. The sign owner shall be responsible for the cost of testing. When it is determined it is necessary to measure brightness digital signs shall be measured as follows:
DISCUSSION: Section (c)
Supervisor Chipman asked who pays for the foot -candle testing? How are we going to determine when a test needs to be completed?
Attorney Christiana stated that the sign owner shall be responsible for testing.
Supervisor Chipman’s concern is the recalibration may be periodically required by the Town. What is the tripping mechanism for us to ask them to have this test completed?Should we put a specific time frame in the law or at the discretion of the CEO?
Board agreed to change required by the Town to; required by the CEO.
Attorney Christiana stated that she will speak with Jerry on how this will be determined.
[1]At least 30 minutes following sunset, a foot-candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.
[2]The sign shall then be turned on to full white copy to take another reading with the meter at the same location.
[3]If the difference between the readings is 0.2 foot candles or less, the brightness is properly adjusted.
(7)The use, size and location of digital signs must comply with all other relevant regulations and laws of the Town.
E. F.Non-conforming signs. Existing non-conforming signs may be repaired or reconstructed on the same site, but shall not be relocated or increased in size except as provided herein. A non-conforming sign shall be considered a nonconforming structure.
F.G. Sign maintenance. No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Town Board following referral by the Code Enforcement Officer.
§140-26A Short Term Transient Rentals
A. Purpose. With the increase in tourism over the past several years in the Town of Rochester and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short term transient basis. The following local lawThis sectionimposes mandatory regulations and requirements on all Town of Rochester property owners that desire to rent on a short term transient basis. The purpose of such regulations and requirements are to assure that the properties being rented meet certain minimum safety and regulatory requirements thereby protecting both the property owners, occupants of such housing and the residents of the Town of Rochester.
The Board replaced the following local law with “this section”and removed “both”
( highlighted)
B. Authorization. The Town Board authorizes the Code Enforcement Officer to processapplications and issue permitsissue permitsto property owners to operate short term transient rental units per the provisions of this local lawsection. Applications for a permit to operate a short term transient rental unit shall be processed under the procedures set forth in this local law.
The Board removed highlighted areas above and added “ to process and issue application permits”
C.Definitions – As specifically apply to this subsection
Local manager – The person specifically named on the application and permit that is responsible for the day to day operation of the Short-Term Rental Unit,and who may be contacted, day or night, if there is a problem at the Unit. The local manager may be either the owner or an agent of the owner. The local manager must reside or have a personal place of business in the confines of Ulster County or within thirty (30) miles of the Town of Rochester Town Hall.
Non-resident owners – Owners that reside outside of Ulster County.
DISCUSSION: LOCAL MANAGER
Supervisor Chipman stated that complaints have been regarding local managers because many of the owners renting out the home live in NYC and this is their second home.
Councilman Drabkin statedif someone that can be contacted day or night it shouldn’t matter where they located.
Supervisor Chipman stated that the local manager has to be available in a timely manner if there is an emergency situation. Somebody needs to be there to respond. This is where we are going to run into problems. This isn’t like a bed and breakfast where someone is there.
The designee could be contracted or even a neighbor. The people who are renting don’t have the authority to allow emergency personnel to enter property.
Councilman Drabkin asked within the permit the people who are renting become responsible?
The answer is no.
Supervisor Chipman stated that the application will list who the contact person or responsible party would be.
Councilwoman Chachkin stated that this protects the renters too.
Renewal Applications – The process by which an individual who received a short term transient rental permit the previous year may apply for the short-term rental permit for the next consecutive year. A renewal application will be accepted only when the applicant can document receipt of a short term transient rental permit the previous year.
DISCUSSION: RENEWAL APPLICATIONS
Supervisor Chipman stated that it’s unfair to have a yearly renewal application. We should have it every 2 years, because it is important to look at the work load of the CEO and his secretary &It’s also putting an un-do burden on the owner. He continued with having a renewal every 2 years and incumbent on the permit holder to report any changes to the CEO.
Councilman Drabkin stated that the big issue is having local contact. Is there a way to pull the permit if they aren’t in compliance.
Councilwoman Chachkin stated that the renewal application isn’t as involved as the initial application and believes that G. Application Process Section 4. Renewal Permits would cover this.If there is any change then it has to be reported to the CEO.
Supervisor Chipman in regular rentals there are inspections every two years in the Town of Rochester.
There was a discussion of requiring homeowners insurance but it was agreed that there is no liability to the Town if something was to happen on private property.
Short-term Transient Rental – The rental or lease of any dwelling unit, for a period of thirty (30) days or less, to one entity. Any dwelling unit which is rented or leased for a period of thirty (30) days or more to individuals or families who then allow others to occupy the dwelling for periods of less than thirty (30) days shall be considered a short-term rental unit and will require a permit for such use. Motels, hotels, inns, and bed & breakfasts are excluded from this definition.
Attorney Christiana stated she will work on language for Short-term Transient Rental
Sleeping Room – An interior room other than a bedroom having at least one operable window and furnishings that may serve to afford sleep to a person, however, sleep shall not be the primary function of the room. Examples include a living room, family room, den or great room furnished with a futon or convertible couch.
A. Application. All property owners desiring to rent on a short term transient basis must comply with the regulations of thislocal lawsection. However, nothing in thislocal lawsectionshall alter, effect, or supersede any regulations or requirements of the Town of Rochester Zoning Ordinance, any regulations or requirements imposed by the County of Ulster, or any State or Federal regulations or requirements, and all property owners must continue to comply with such regulations or requirements.
A. Application: the Board replaced “this local law” with “this section”.
B. Fee. A nonrefundable permit fee shall be established by resolution, made by the Town Boardwhich may be amended from time to time by the Town Board for each short term transient rental unit. Such permit fee shall be submitted with each new application and each annual renewal application.
Regarding fees it was agreed that the Board will look in to the Town of Woodstock’s law regarding transient rental applications for samples of their fee schedule and applications.
Councilman Drabkin stated an annual renewal will make all of this much easier rather than half expiring one year from another.
Attorney Christiana was directed to discuss this issue with Jerry as well.
C. Application Forms. Applications for a permit to operate a short term transient rental unit shall be available from the Code Enforcement Office. Applicants must file a separate application and tender a separate application fee and obtain a separate permit for each dwelling unit to be used as a short term transient rental unit.
D. Application Process.
(1) The initial permit application to operate a short term transient rental unit shall be submitted to the Code Enforcement Officer along with the applicable application fee.
(2) The initial permit application must include the following:
(a) Contact information. The names, addresses and day/night telephone numbers of the property owners and local managers must be included on the application.
(b) Fire and safety compliance. The applicant shall attach a true and complete copy of the current and valid certificate of compliance issued by the Code Enforcement Office to the application.
(c) Parking. The number of off street parking spaces will be indicated on the application. Off street parking shall be provided to accommodate the occupancy of the structure, one parking space for each bedroom in the dwelling plus other parking as required in the Town of Rochester Zoning Ordinance. Vehicles shall not be parked on front lawns. There shall be no on street parking allowed.
DISCUSSION: D. APPLICATION PROCESS (C)
The Board discussed in length issues at hand with adequate parking.
Councilwoman Fornino stated that the parking area and driveway need to be maintained as well and parking on a private road is not acceptable.
Supervisor Chipman suggested accommodating 1 vehicle per bedroom/ sleeping room.
All were in agreement that the parking should depend on the lot size.
It was also discussed to have parking removed and have it placed in with general permit regulations.
Attorney Christiana was directed to speak with CEO regarding this topic.
(d) Occupancy. The occupancy level will be indicated on the application. The Code Enforcement Officer shall establish the maximum occupancy limit the number of occupants based on the number, size, configuration, and furnishings of the bedrooms and/or sleeping rooms, and per the provisions of state laws.
(e) Water and septic. The source of the domestic water shall be stated on the application and the permit. The septic system must be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation from the Ulster County Health Department, a licensed engineer or a New York State licensed home inspector, indicating that the septic system has been inspected and found to be currently working properly.
The Board removed highlighted area above in (e) regarding water and septic.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:15pm.
Seconded by: Councilwoman Fornino 5-0aye, motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK