A. 
Purpose. The purpose of this article is to provide for the review and approval of certain uses that are generally considered to be uses with a higher potential for incompatibility with adjacent uses. The individual review of certain uses is intended to determine the appropriateness of a use in its proposed location and any requirements necessary to ensure compatibility with adjacent uses. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.
B. 
Intent. The application of these regulations in connection with the review of a special use permit is intended to prohibit any use which, by reason of its nature or manner of operation, is or may become hazardous, obnoxious, or offensive owing to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried waste.
A. 
The requirements of this article are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables in Articles II, III, IV and V of this chapter.
B. 
Specially permitted uses (SP) must obtain a special use permit and site plan review approval as provided for in Articles XVII and XVIII of this chapter.
C. 
Uses permitted by right (P) shall not require the issuance of a special use permit, but must obtain site plan review approval where required and meet all applicable requirements set forth in this chapter.
D. 
Unless otherwise noted in this article, all uses must be in conformance with the development standards of the Village established in Articles IX, X, XI, XII and XIII (off- street parking and loading, landscaping, design, and signage).
A. 
Purpose. The purpose of regulating accessory dwelling units is to:
(1) 
Create new housing units while respecting the look and scale of single-family residential development;
(2) 
Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
(3) 
Allow more efficient use of existing housing stock and public infrastructure;
(4) 
Provide a broader range of affordable housing opportunities and mix of housing options that respond to changing family needs and smaller households; and
(5) 
Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services.
B. 
General requirements.
(1) 
No more than one accessory dwelling unit may be established ancillary to a single-family residential dwelling, located either in the principal dwelling structure (attached) or in an accessory structure (detached).
(2) 
An accessory dwelling unit may include no more than two bedrooms.
(3) 
Any new separate outdoor entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building lot for an accessory dwelling unit that is in or attached to the primary residential dwelling.
(4) 
Detached accessory dwelling units shall comply with all accessory structure requirements of this chapter, including, but not limited to, size, setback, lot coverage, and height restrictions. An accessory dwelling unit shall not be permitted in a nonconforming accessory structure.
(5) 
Under no circumstances may a detached accessory dwelling unit be separated from or subdivided from the parcel containing the primary residential unit.
(6) 
An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the primary residential unit. Any addition must be consistent with the existing facade, roof pitch, siding and windows of the primary residential unit. Any addition shall not exceed the height of the primary structure.
C. 
Owner-occupancy requirements.
(1) 
One of the dwelling units on the parcel shall be occupied by one or more owners of the property as a permanent residence for at least nine months out of the year and at no time may receive rent for more than one unit on the parcel.
(2) 
The property owner(s) shall sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit and submit it to the CEO.
(3) 
When a parcel containing an accessory dwelling unit is sold or ownership transferred, the new owner(s), if they wish to continue to rent or lease one of the units, must, within 30 days of the sale, submit a notarized letter to the CEO stating that they will occupy one of the dwelling units on the parcel as their primary residence, except as provided for in the provisions of this chapter.
(4) 
The individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited.
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in the use tables of Articles II, III, IV and V. All accessory uses and structures shall be in conformance with this section.
A. 
General standards. Accessory uses and structures shall:
(1) 
Not be established or constructed until the primary use or structure is constructed.
(2) 
Be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.
(3) 
Not be located in any required front yard area.
(4) 
Be in conformance with the height and setback restrictions of the applicable zoning district and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.
(5) 
Be finished with materials and/or siding that is consistent and compatible with the existing character of the principal structure and surrounding residential neighborhood.
(6) 
Maintain a separation of at least 10 feet from the principal building, in the case of a detached accessory structure or use.
(7) 
Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), porch, deck, or terrace, or vehicular or pedestrian access.
B. 
Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter:
(1) 
Decks, patios, or terraces.
(2) 
Residential garages or carports and enclosed storage structures, such as sheds.
(3) 
Fences and walls, subject to the provisions of § 250-55 of this chapter.
(4) 
Playgrounds or playhouses.
(5) 
Noncommercial nurseries, gardens, or greenhouses.
(6) 
Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.
(7) 
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(8) 
Radio or dish antennas, limited to one meter or less in diameter.
(9) 
Home solar, wind, or other alternative energy systems, provided the infrastructure for such system is not located in the front yard and does not exceed the height limitations of the district in which it is located. All systems shall be subject to the completion of an electric service application as provided by the Village Clerk.
(10) 
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(11) 
Personal or home electric vehicle charging stations.
(12) 
Off-street parking areas for two-family or multifamily dwelling developments.
(13) 
Other uses and structures deemed to be similar in nature by the CEO.
C. 
Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter:
(1) 
Commercial vending machines, screened from adjacent residential property.
(2) 
Decks, patios, and terraces associated with a permitted outdoor seating or assembly area.
(3) 
Garages or carports, and enclosed storage structures, such as sheds.
(4) 
Fences and walls, subject to the provisions of § 250-55 of this chapter.
(5) 
Playgrounds or playhouses.
(6) 
Nurseries, gardens, or greenhouses.
(7) 
Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.
(8) 
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(9) 
Dish or radio antennas, limited to two meters or less in diameter when screened from public view and adjacent residential property.
(10) 
Noncommercial solar, wind, or other alternative energy systems, provided the infrastructure for such system is not located in the front yard and does not exceed the height limitations of the district in which it is located. All systems shall be subject to the completion of an electric service application as provided by the Village Clerk.
(11) 
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(12) 
Off-street parking and loading areas, including electric vehicle charging stations.
(13) 
Walkup service windows.
(14) 
Other uses and structures deemed to be similar in nature by the CEO.
In accordance with the provisions of Chapter 70, Adult Uses, of the Village Code and subject to the following conditions and criteria, which shall be in addition and supplementary to those matters which the Planning Board is to consider in reviewing special use applications, the following additional conditions shall apply.
A. 
Such a use may not be established or maintained within 500 feet of:
(1) 
A church, synagogue or regular place of worship;
(2) 
A public or private elementary or secondary school;
(3) 
Any child-care institution or day-care facility as defined herein and in the New York State Education Law;
(4) 
A residence, or the boundary of any residential zoning district; or
(5) 
A public park, playground, playing field, governmental office or facility or other similar area where large numbers of persons may travel or congregate.
B. 
Such a use may not be established or maintained within 100 feet of any other such use.
C. 
Only one such use may be established or maintained on any lot or in any building or structure.
D. 
For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use.
E. 
All such uses shall be conducted in an enclosed building, and in such manner that, regardless of location or distance, no one who is passing by or who is at any point outside of the enclosed building occupied by such a use shall be able to observe or perceive any performance, conduct, image, printed matter, visual representation, instrument, device or paraphernalia displaying, depicting or otherwise presenting any specified anatomical area or specified sexual activity regulated hereunder, including but not limited to any sign or advertisement, or any window or other opening permitting the view of the interior of the premises from the exterior of the premises.
The following shall apply to animal hospitals, veterinary clinics and kennels:
A. 
Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined by the Planning Board in site plan review.
B. 
All buildings, structures, and accessory use areas, except off-street parking areas, shall be located at least 50 feet from any property line that abuts a residential use or structure.
The following shall apply to bed-and-breakfast (B&B) establishments:
A. 
A B&B shall only be permitted in an owner-occupied single-family, detached dwelling of at least 1,800 square feet. A B&B shall not be permitted in a nonconforming single-family dwelling.
B. 
No more than one nonresident of the premises may be an employee of the operation.
C. 
There shall be no more than eight adult guests at any one time.
D. 
The maximum stay of guests shall be no more than 14 consecutive days.
E. 
Parking areas may not be located in the front yard. Such parking shall be screened from adjacent properties and the public right-of-way to the satisfaction of the Planning Board.
F. 
There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such B&B.
The following shall apply to car washes:
A. 
The site area traveled by vehicles shall be hard-surfaced with pervious or impervious paving material that does not release dust or debris.
B. 
Landscaping and screening shall be provided as determined in site plan review. In no case shall the perimeter landscaping be less than 10 feet in width along street frontages or where adjacent to a residential district or use.
C. 
Lanes or parking areas for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway.
D. 
No area of the car wash shall be used for the sale, rent, or display of automobiles, trailers, mobile homes, boats or other vehicles.
The following shall apply to licensed day-care facilities:
A. 
No day-care shall be permitted without completion of the proper license and/or registration requirements, where required by New York State or Monroe County law.
B. 
In a nonresidential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall maintain a setback of at least 15 feet from all property lines.
C. 
In a residential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., are prohibited in the front yard. Such uses shall maintain a setback of at least 30 feet from side or rear property lines.
D. 
Outdoor floodlighting or public-address systems are prohibited.
E. 
Licensed day-care facilities may be conducted as a home occupation, provided the conditions of this section and § 250-70 are met.
The following shall apply to drive-throughs:
A. 
Drive-throughs may be permitted when associated with a primary use operating within an enclosed structure and located on the same premises.
B. 
Drive-throughs shall be located in such a way as to minimize the impact on pedestrian circulation routes and on adjoining residential districts or uses to the greatest extent practicable.
C. 
Drive-throughs shall be designed in such a way as to be visually unobtrusive and shall be lighted in such a way as to minimize the impact on adjoining properties.
D. 
Drive-throughs shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public right-of-way to the principal building.
E. 
When adjacent to residential districts or uses, drive-throughs, including both the facility and queuing lanes, shall be screened from the adjacent residential properties.
The following shall apply to gasoline service stations:
A. 
No part of any building and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district.
B. 
No gasoline or oil pump, oiling or greasing mechanism, or other service appliance shall be installed in connection with any gasoline service station within 15 feet of any street line unless contained within a completely enclosed building.
C. 
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
D. 
Premises shall not be used for the sale, rent, or display of automobiles, trailers, mobile homes, boats or other vehicles. Vehicle sales and/or service uses in conjunction with a gasoline service station shall be considered as separate uses and reviewed accordingly.
The following shall apply to home occupations:
A. 
Permitted home occupations include, but shall not be limited to, a lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.
B. 
Prohibited home occupations include those that would generate adverse impacts to or be incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, ambulance services, animal care services, and vehicle sales or repair.
C. 
The home occupation shall be owned and operated by a full-time resident of the dwelling and shall operate wholly within an enclosed structure. A home occupation may not be conducted in any accessory structure.
D. 
Employees of the home occupation shall be limited to residents of the premises.
E. 
A home occupation must be clearly incidental and secondary to the use of the dwelling and shall be permitted to occupy no more than 30% of the residence.
F. 
The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located.
G. 
There shall be no exterior display or storage of materials, goods, supplies, or equipment related to the operation of the home occupation.
H. 
No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.
I. 
On-site retail sales shall be prohibited.
J. 
Deliveries on residential streets shall be permitted by two-axle vehicles only.
K. 
Off-street parking and signage is permitted in accordance with Articles IX and XIII of this chapter.
The following requirements shall only apply to nonresidential use outdoor sales and display areas:
A. 
Such areas shall not exceed 10% of the gross floor area of the primary structure.
B. 
Such areas shall not block automotive traffic, sidewalks, fire lanes, or other travel lanes. Outdoor sales and display areas may be permitted along sidewalks within the CB District with Planning Board approval.
C. 
Such areas shall be allowed adjacent to a principal building wall and extending to a distance no greater than 10 feet from the wall.
D. 
Such areas shall not be permitted to block windows, entrances, or exits and shall not otherwise impair the use of the building.
E. 
Such areas shall be used for the sale of merchandise and not for storage purposes.
The following requirements shall only apply to nonresidential use outdoor storage areas:
A. 
Such areas are not permitted in residential districts.
B. 
Such areas shall not occupy more than 15% of the lot if located within a business district.
C. 
Such areas shall be fully screened to ensure the area is not visible from the public right-of-way and adjacent residential uses or districts.
D. 
Such areas shall not be allowed in the front yard setback.
E. 
The storage of contractor material and equipment must maintain a setback of at least 200 feet from any adjacent residential use or district.
A. 
Legislative intent. The Village of Churchville recognizes the increased demand for wireless communications-transmitting facilities and the public and private demand for the services that they provide. Often, these facilities require the construction and maintenance of communication facilities, towers and accessory support structures. The bulk and visual impact of such installations create aesthetic problems, making it appropriate to have some special conditions as to the size and placement thereof. The intent of this section is to protect the Village of Churchville's interest in maintaining its small-village residential character by properly siting towers and related facilities in a manner consistent with sound land use planning while also allowing wireless providers to competitively meet their technological and service objectives.
B. 
Special use permit required.
(1) 
Telecommunications facilities will be permitted in any district in the Village only upon issuance of a special use permit and final site plan approval by the Village of Churchville Planning Board, in accordance with the provisions of Articles XVII and XVIII of this chapter.
(2) 
No more than one telecommunications facility shall be allowed on any lot within the Village, and no existing lot may be subdivided solely for the purpose of obviating this provision.
C. 
Exemptions. The following are exempt from the application of this section:
(1) 
The repair and maintenance of existing telecommunications towers, antennas or accessory facilities or structures.
(2) 
Antennas used solely for residential household television and radio reception.
(3) 
Satellite antennas erected and maintained in accordance with the provisions of Chapter 181, Satellite Antennas, of the Code of the Village of Churchville.
(4) 
Lawful or approved telecommunications facilities uses existing prior to the effective date of this section; provided, however, that any alteration, modification or expansion of such uses shall require compliance with this section.
D. 
Application requirements. In addition to the requirements of special use permit and site plan applications, applications for telecommunications facilities shall include:
(1) 
The location of the proposed telecommunications facility, together with guy wires and guy anchors, if applicable.
(2) 
A side elevation or sketch of the telecommunications tower showing the proposed antennas.
(3) 
The location of all structures, trees exceeding four inches in diameter, measured at a height of four feet off the ground, and other significant and/or unusual features on the property and on any adjacent property within 20 feet of the property lines.
(4) 
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(5) 
The location and nature of proposed utility easements and access driveways, if applicable.
(6) 
A grid map of all of the owner's/applicant's existing telecommunications tower site areas in the Village of Churchville and any contiguous town and of any areas proposed or projected by the owner/applicant for installations for a period of two years.
(7) 
Documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.
(8) 
All information prepared by the manufacturer of the tower and antenna for the application for which a special use permit is being sought, including, but not limited to, the following:
(a) 
Make and model of tower to be erected.
(b) 
Manufacturer's design data for installation instructions and construction plans.
(c) 
Applicant's proposed tower maintenance and inspection procedures.
(d) 
Applicant's proposed tower maintenance and inspection schedules.
(e) 
Applicant's maintenance and inspection records system.
(f) 
Anticlimb devices for the tower and any guy wires.
(9) 
A structural analysis and certification from a qualified licensed engineer certifying that the proposed tower meets or exceeds all applicable federal, state, and industrial structural design and safety standards and requirements, including but not limited to any such standards and requirements as relate to loads, wind shear and ice. Such certification shall also demonstrate that any icefall or debris from tower failure will be contained on the site.
(10) 
The Planning Board may require that the site plan include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
E. 
District location preferences.
(1) 
The Planning Board may require that the proposed facility be located on property in a district that permits a higher intensity of use in accordance with the guideline for preference listed below, provided that there is a technologically feasible and available location. The guideline for preference, from most favorable to least favorable district/property, is as follows:
(a) 
Property with an existing telecommunications facility suitable for collocation.
(b) 
Municipal or governmentally owned property.
(c) 
Industrial districts.
(d) 
Business districts.
(e) 
Residential districts.
(2) 
In the case that an applicant proposes that a telecommunications facility be located in a less preferable location based on the guideline for preference above, the burden shall be upon the applicant to show why a higher intensity use location is not feasible.
F. 
Government services. An applicant shall make adequate provisions to permit the shared use of telecommunications facilities for the collocation of antennas and other communication devices and equipment by the Village of Churchville or any other municipal, law enforcement and/or emergency services agency. These municipal and/or emergency entities shall have use of a telecommunications tower without charge, provided that the devices and equipment which are collocated do not interfere with the use and operation of an applicant's then-existing devices and equipment and do not result in the design load capability of the tower being exceeded.
G. 
Collocation.
(1) 
At all times, shared use of existing telecommunications towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers and other structures within reasonable distance of the proposed site and outlining opportunities for collocated facilities and use of other preexisting structures as an alternative to a new construction.
(2) 
An applicant proposing collocation shall be required to submit documentation indicating the agreement or consent to such shared use by the existing telecommunications facility owner. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or leases required to accommodate collocation.
(3) 
In the case of proposed new telecommunications towers, the applicant shall be required to submit a documentation demonstrating good faith efforts to secure collocation from owners of existing telecommunications towers as well as documenting capacity for future shared use of the proposed tower. Copies of written requests and responses shall be provided.
(4) 
In the interest of minimizing the number of telecommunications towers in the Village of Churchville, the Planning Board may require, as a condition of special use permit approval, that the applicant for construction of a telecommunications facility indicate in writing its commitment to permit collocation on said facility by other personal communication system (PCS) or telecommunications system companies in accordance with the following:
(a) 
Said applicant/owner will design any telecommunications tower which may be a part of said application to be placed, erected or constructed with sufficient base, height and carrying capacity to accommodate future collocation.
(b) 
Such collocation shall not involve the installation or construction of any additional tower structure.
(c) 
The placement, installation, operation or use of any antennas, devices or equipment which is collocated shall not interfere with the placement, maintenance, operation or use of the applicant's then-existing devices and equipment.
(d) 
The applicant may require that any entity requesting to collocate pay all of the costs associated with any installation or construction, which may be required for such collocation (including the cost, if any, of reinforcing or replacing the then-existing tower or monopole), and pay its pro rata share of the operation and maintenance of the site and facilities used in common.
(e) 
Collocation shall not result in the design load capacity of the tower or monopole being exceeded. Prior to placement, installation or construction of any antennas, devices or equipment, the applicant may require that the company wishing to so collocate provide an engineering study, acceptable to the Village of Churchville and the applicant, showing that such collocation will not result in the design load capacity of the tower or monopole being exceeded.
(f) 
The applicant may require that the company requesting to collocate provide evidence of adequate liability insurance coverage.
(g) 
The company wishing to collocate shall execute and file with the Village of Churchville an agreement to be bound by all the terms and conditions of the applicant's site plan application and specifically those provisions relating to termination of use and restoration of the site.
(5) 
The Planning Board may waive the collocation requirement if it is determined that accommodation of future collocation is not feasible or imposes an unnecessary burden, based upon:
(a) 
The number of Federal Communications Commission licenses available for the area in the foreseeable future.
(b) 
The kind of telecommunications facility proposed.
(c) 
The number of existing and potential Federal Communications Commission licensees without antenna tower spaces.
(d) 
The number and location of available spaces at other existing and approved telecommunications facilities.
(e) 
Potential adverse visual impacts by a telecommunications facility which has been designed to accommodate collocation.
H. 
Height. The maximum height for telecommunications towers permitted under this section, whether freestanding or erected on or attached to an existing structure (such as a water tower or silo), and including any antennas, extensions or other devices extending above the structure of the tower measured from the ground surface immediately surrounding the location of the tower or the structure on which it is located, shall not exceed 150 feet.
I. 
Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to substantially contain on-site icefall or debris from tower failure and/or to preserve privacy of adjoining residential or public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet unless sufficient engineering detail shall be provided to warrant a lesser setback.
J. 
Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(1) 
Telecommunications facilities shall be designed, located and screened or buffered in a manner which provides, to the maximum extent possible, compatibility with surrounding land uses.
(2) 
Use of a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower.
(3) 
The use of camouflage technology in order to hide, disguise or otherwise obscure or minimize the view of an antenna or tower.
(a) 
Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be painted a galvanized finish or matte gray above the surrounding tree line and painted gray, green or black below the surrounding tree line unless other standards are required by the FAA.
(b) 
No telecommunications facility shall contain any sign or advertising device except those containing health, safety or general welfare messages intended for the protection of the public.
(c) 
Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with natural surroundings.
(d) 
All utility lines shall be underground from the roadside utility connection to the communication facility or tower base accessory structures.
K. 
Existing vegetation. Existing on-site trees and vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit.
L. 
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications facility from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all telecommunications facilities, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities or structures. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
M. 
Access and safety.
(1) 
The site plan shall detail the means of access to the telecommunications facility and all security or safety fencing proposed. Such detail shall include, but not be limited to, gate location, roadway or driveway location and design, height and type of fencing and security measures, if any, for the site. Proper gating or other measures of securing the access road or driveway so as to eliminate nuisance usage must be considered and may be required by the Planning Board as a condition of approval.
(2) 
In order to ensure adequate emergency and service access to a telecommunications facility, an access road or driveway, two parking spaces and a turnaround area, outside of any fencing, shall be provided on the premises. An access road or driveway exceeding 150 feet in length will require delineators to be placed every 50 feet as well as proof that, as designed, the access road or driveway will be capable of supporting, at a minimum, a twenty-ton load. To the maximum extent practicable, existing roads or driveways shall be used for access. In order to ensure minimal visual disturbance and reduce soil erosion potential, construction of an access road or driveway shall, at all times, minimize ground disturbance and vegetation cutting, and grades shall closely follow natural contours.
N. 
Fencing. All telecommunications facilities, including any guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism as approved by the Planning Board.
O. 
Structural safety. Any tower shall be designed, erected and maintained in such manner that it meets or exceeds all applicable federal, state and industry structural design and safety standards and requirements, including but not limited to any such standards and requirements as relate to loads, windshear and ice. Any icefall or debris from tower failure shall be contained on the site. At intervals of not more than once in any three-year period, the Planning Board may make a written request to the applicant that it provide a structural analysis and certification from a qualified licensed engineer certifying that the tower, as constructed and maintained, complies with the foregoing requirements or, in the event that it does not comply, specifying the repairs or maintenance recommended in order to result in compliance. If any repairs or maintenance is recommended, then such analysis and report shall be accompanied by a letter from the tower owner or operator setting forth a reasonable schedule for the performance of such repairs or maintenance. Upon completion of such repairs or maintenance, certification shall be submitted from a qualified licensed engineer certifying that such repairs or maintenance have been satisfactorily performed and that the tower is in compliance with the foregoing requirements.
P. 
Radiofrequency effects. Radio emissions from any telecommunications facility shall conform to applicable Federal Communications Commission (FCC) regulations on emissions, and telecommunications facilities shall be operated only at FCC-designated frequencies and power levels.
Q. 
Insurance. Prior to the issuance of any building permit, and on a yearly basis thereafter, the owner or operator shall submit evidence that liability and property damage insurance is in effect covering any injury or damage which may result from tower failure or any other condition or hazard relating to the construction or maintenance of the tower.
R. 
Lease agreements. In the event that an applicant intends to site any telecommunications facility pursuant to a lease or occupancy or use agreement of any type, a copy of such lease or agreement shall be submitted with the special use permit application. Copies of any modification, renewal, extension or termination of such lease or agreement shall be submitted within 30 days of execution.
S. 
Maintenance. The applicant shall submit, as part of its application, a detailed cost analysis and estimate of annual costs associated with the maintenance of any proposed telecommunications facility, access road or driveway and all other improvements as depicted upon the site plan. Such estimates shall be reviewed by the Village Engineer, and upon establishment of the annual costs of such maintenance, the applicant shall post a letter of credit or other financial security acceptable to the Planning Board so as to assure the performance of such annual maintenance services.
T. 
Removal.
(1) 
Prior to issuance of a building permit and based upon the recommendation of the Planning Board, the owner and/or operator of any telecommunications facility shall provide the Village with a letter of credit or other financial security for removal and site restoration acceptable to the Village Board. The estimate shall be prepared by the applicant's licensed engineer, verified by the Village Engineer (or engineer hired by the Village to evaluate the application, if different from the Village Engineer) and approved as to form by the Village Attorney.
(2) 
In the event that a telecommunications facility is no longer used for the purpose specified in the application, or the telecommunications facility ceases operations or the special use permit is canceled or terminated for a period of 90 calendar days, the applicant or its successor shall remove any tower, antenna and/or other accessory facility or structure, as well as site improvements (such as but not limited to fences), except for the driveway, and shall restore the property to substantially the same condition as existed prior to the installation and/or construction of the facility within 30 calendar days of receipt of a written notice from the CEO.
U. 
Security required. Failure of the applicant to continuously maintain in full force and effect required letters of credit or other financial security shall automatically terminate all permits or approvals granted with respect to such site or sites and shall constitute a violation of the provisions of this section.
The following shall apply to vehicle sales:
A. 
The sales area shall be suitably graded and drained, and maintained in a neat and orderly manner. The use of pervious paving materials is encouraged.
B. 
The number of vehicles that may be for sale on the premises must be specified on the special use permit. An increase in the number of vehicles to be sold shall require a new permit.
C. 
Sufficient screening shall be provided along all lot lines abutting or adjacent to a residential use or district to block any view of operations from such residential property when viewed from ground level.
D. 
No repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.
E. 
No vehicles shall be displayed for sale within 10 feet of any property line that abuts a residential district or use.
F. 
Perimeter landscaping shall be provided at a minimum width of 10 feet along street frontages.
G. 
A gasoline service station or vehicle service shop on site shall require compliance with the associated regulations of this article and be so noted on the special use permit.
The following shall apply to vehicle service or repair shops:
A. 
No repair work may be performed outside of an enclosed structure, unless such activity is performed in a paved rear yard and fully screened from adjacent residential properties and public view.
B. 
No vehicle parts or supplies or dismantled or disabled vehicles may be stored outside a building, unless such storage is located in a paved rear yard and fully screened from adjacent residential properties and public view.
C. 
No part of any building used as a vehicle service or repair shop and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district or use.
D. 
Storage areas for vehicles shall be provided on site and shall not occur on a public street or highway. Not more than five vehicles shall be stored outdoors overnight.