A. 
Site plan specifications. Application for multiple dwellings and planned residential development groups shall require the submission of a site plan to the appropriate board, said plan or plans as submitted to either the Planning Board or the Board of Appeals are required to show all structures, roadways, path walks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries, and any other elements as may be deemed essential by the Planning Board or the Board of Appeals. Before approving the site plan, the Planning Board and Board of Appeals shall make findings with respect to the following:
[Amended 10-12-2004 by L.L. No. 3-2004]
(1) 
Traffic access: that all proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment and visibility, and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
(2) 
Circulation and parking: that the interior circulation system is adequate, and all required parking spaces are provided and are easily accessible.
(3) 
Disposal of usable open space: that in accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
(4) 
Arrangement of buildings: that adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures. Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises. Exterior clothes lines shall not be permitted.
(5) 
Proper landscaping: that the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings, unless the same conform in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein.
B. 
Supplemental controls. In reviewing the proposed site plan for one or more multiple-family structures, the Planning Board and Board of Appeals will be guided by the following regulations:
(1) 
Building relationship.
(a) 
Maximum length of rows. The maximum length of any group of attached structures shall not exceed 150 feet. A building group may not be so arranged as to be inaccessible by emergency vehicles.
(b) 
Distance between buildings.
[1] 
The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.
[2] 
The side of any building shall be no closer to the side, front, or rear of any other building than 30 feet.
(c) 
Distance between buildings and driveways.
[1] 
No driveway or parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building.
[2] 
In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
(2) 
Recreation space. There shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of not less than 400 square feet of space per dwelling unit. Each such recreation space shall be developed with passive and active recreation facilities.
(3) 
Off-street parking spaces. There shall be provided on the site of such development an area or areas devoted to the storage of automobiles. Two parking spaces shall be provided for each dwelling unit on the site. Parking areas shall contain a minimum of 180 square feet per space.
(4) 
Landscaping. Proper landscaping shall be provided along all walks and streets, around recreation areas and along the outside property line of the site.
[Amended 10-12-2004 by L.L. No. 3-2004]
The following apply to amusement centers, bowling alleys and similar places of amusement:
A. 
Such uses shall be conducted entirely within an enclosed structure.
B. 
Off-street parking areas shall be screened from adjoining residential properties in accordance with § 265-34.
C. 
A principal structure shall be not less than 50 feet from any property line.
D. 
No bowling alley, roller skating rink, amusement center, or place of recreation shall be maintained or operated within 300 feet of an entrance or exit of a public or private school, library, church, hospital, children's or old people's home or other similar public or semi-public institutions.
[Amended 10-7-1974 by L.L. No. 1-1974]
E. 
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
F. 
No public address system shall be permitted except where such system is inaudible at any property line.
A. 
Essential services, enclosed or permanent structures. Such uses, when in R Districts, shall be subject to the following regulations:
(1) 
Such facility shall not be located on a residential street (unless no other site is available), and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(2) 
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(3) 
Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with the provisions of § 265-34.
B. 
Essential services, open. Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 265-34 shall apply.
Drive-in eating and drinking businesses, where persons are served in automobiles, shall be not closer than 300 feet to an R District and shall provide ingress and egress so as to minimize traffic congestion. The number and location of curb cuts shall be subject to the review and approval of the Planning Board.
A. 
Purpose.
(1) 
The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.
(2) 
The procedure is intended to permit diversification in the location of structures and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience both in the use and occupancy of buildings and facilities in planned groups.
B. 
Approval. Planned unit developments shall be subject to the approval of the Zoning Board of Appeals based upon a review and recommendations by the Planning Board.
C. 
Regulations governing planned unit developments.
(1) 
Minimum area. A planned unit development shall include no less than five acres of contiguous land.
(2) 
Open space. A minimum of 25% of planned unit site area shall be developed as public open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.
(3) 
Residential density. Planned unit developments shall have densities no greater than those permitted in the R-1 Districts.
(4) 
Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the General Plan.
D. 
Standards for reviewing planned unit developments. The Planning Board shall approve the planned unit development only if it finds that the planned unit development satisfies all of the following standards:
(1) 
General standards.
(a) 
The planned unit development shall be consistent with the regulations in Subsection C.
(b) 
The planned unit development group plan shall be consistent with the Holley General Plan.
(c) 
The planned unit development shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.
(d) 
The planned unit development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(2) 
Design standards.
(a) 
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.
(b) 
Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.
(c) 
Treatment of the sides and rear of all buildings within the planned development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.
(d) 
The design of buildings and the parking facilities shall take advantage of the topography of the project site where appropriate, to provide separate levels of access.
(e) 
All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.
(f) 
All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(g) 
All buildings shall be arranged so as to be accessible to emergency vehicles.
(3) 
Landscape design standards.
(a) 
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(b) 
Primary landscape treatment shall consist of shrubs, ground cover, and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.
(c) 
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
(d) 
All streets bordering the project area shall be planted at appropriate intervals with street trees.
(4) 
Circulation system design standards.
(a) 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
(b) 
Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.
(c) 
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(d) 
Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
(e) 
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their function.
(5) 
Parking and loading design standards.
(a) 
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.
(b) 
Pedestrian connections between parking areas and building shall be via special pedestrian walkways and/or elevators.
(c) 
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.
(d) 
Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.
A. 
Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is erected, off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein.
[Amended 10-12-2004 by L.L. No. 3-2004]
(1) 
Size and access. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for fewer than three spaces.
(2) 
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule below. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Planning Board, shall apply.
OFF-STREET PARKING SCHEDULE
Use
Required Parking Spaces
Churches, schools and colleges
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
Community buildings and social halls
1 for each 200 square feet of floor area
Dwellings
1 for each family or dwelling unit
Motels
1 for each unit
Hotels, boarding and rooming houses
1 for each 3 sleeping rooms
Manufacturing plants, research or testing laboratories
1 for each 4 employees in the maximum working shift
Restaurants, bars and night clubs
1 for each 100 square feet of floor space
Retail stores, store groups, shops, etc.
1 for each 200 square feet of floor space
Wholesale establishments or warehouses
1 for each 2 employees in maximum shift; the total parking area shall not be less than 25% of the building floor area
Offices, general
First 2,000 square feet of floor area
No requirement
Floor area in excess of 2,000 square feet
1 for each 600 square feet of floor area above 2,000 square feet
Doctor's office
5 for each doctor
B. 
Off-street loading.
(1) 
In any district, in connection with every building, or building group or part thereof thereafter erected and having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:
Size of Building
(square feet)
Required Loading Spaces
4,000 to 50,000
1
For each additional 100,000
1
(2) 
The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height, and may occupy all or any part of any required yard.
[Amended 10-12-2004 by L.L. No. 3-2004]
A. 
Location of exits and entrances. No gasoline service station or automobile service and/or repair station shall have an entrance or exit for vehicles within 300 feet as measured along the closest edge of the nearest entrance or exit to a public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall not be closer to any intersection than 30 feet.
B. 
Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.
C. 
Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.
Special uses, as enumerated in Schedule I,[1] shall be permitted only upon authorization by the Zoning Board of Appeals, subsequent to review by the Planning Board, provided that such uses shall be found by the Zoning Board of Appeals to comply with the following requirements and other applicable requirements as set forth in this chapter:
A. 
That the use is a permitted special use as set forth in Schedule I hereof.
B. 
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
C. 
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D. 
That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.
E. 
That adequate landscaping and screening is provided as required herein.
F. 
That adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
G. 
That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale developments.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
[1]
Editor's Note: Former § 265-45, Telecommunications facilities, added 3-11-1997 by L.L. No. 2-1997, as amended, was superseded 11-12-2013 by L.L. No. 7-2013. See now Ch. 260, Wireless Telecommunications Facilities.
[Added 5-13-1997 by L.L. No. 5-1997]
A. 
Bed-and-breakfast establishments shall be subject to the requirements of this section and § 265-46 requiring a special use permit. The Zoning Board of Appeals may approve a special use permit for the bed-and-breakfast establishment in the R-1 Single-Family Residential District, R-2 Multifamily Residential District, C-1 and C-2 Commercial Districts, provided that the following standards and provisions are met and maintained:
(1) 
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Zoning Schedule II[1] for an R-1, R-2 or C-1 District, as applicable to the existing zoning.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
(2) 
The operator of the bed-and-breakfast establishment shall reside on the premises.
(3) 
The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire. No paying guest shall stay on one visit for more than 15 consecutive days.
(4) 
The structure proposed for use as a bed-and-breakfast establishment shall meet the requirements of the NYS Uniform Fire Prevention and Building Code. Each rentable unit in a bed-and-breakfast establishment shall maintain a working smoke detector, which shall meet the requirements of the NYS Uniform Fire Prevention and Building Code.
(5) 
The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.
(6) 
Out buildings detached from the principal dwellings shall not be used for the purpose of a bed-and-breakfast establishment.
(7) 
No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.
(8) 
Off-street parking shall be provided as follows: at least two spaces shall be provided by the family residing on the premises, plus not less than one additional space for each lodging room. No such parking space shall be located in the front yard area, outside of an approved driveway, and each space shall be not less 10 feet by 20 feet in size.
(9) 
The dwelling may display a sign not to exceed 576 square inches in size and shall be set back from the street right-of-way line a minimum of 10 feet.
(10) 
No bed-and-breakfast establishment shall be permitted in an individual mobile home or mobile home park.
(11) 
The residence in which a bed-and-breakfast establishment is operated shall not contain an accessory apartment.
(12) 
The only meals to be furnished shall be one daily morning meal per paying guest.
(13) 
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
(14) 
No permit shall be granted for a bed-and-breakfast establishment if a bed-and-breakfast establishment exists or a permit has been issued for a bed-and-breakfast establishment within 500 feet from the property for which a new permit is requested.
(15) 
Any bed-and-breakfast establishment which has not operated as such for a period of 12 months or longer must reapply for a new special use permit.
(16) 
Any applicant, after receiving a special permit from the Zoning Board of Appeals, shall obtain a certificate of occupancy from the Building Inspector prior to operating a bed-and-breakfast, which shall be valid for 12 months, at which time a new certificate of occupancy will be required at a fee of $20.
(17) 
Any special use permit application for a bed-and-breakfast establishment shall be referred to the Village Planning Board, which may require site plan review, if deemed necessary.
B. 
Certificate of occupancy for transient occupants. The Building Inspector shall be authorized, after inspecting a bed-and-breakfast establishment for compliance with the requirements of the NYS Uniform Fire Prevention and Building Code and payment of the appropriate fees, to issue a certificate of occupancy for transient occupants to owners of bed-and-breakfast establishments.
(1) 
Duration of permit. A certificate of occupancy for transient occupants shall be valid for not more than one year.
(2) 
Expiration of existing permit. Within 30 days of the expiration of an existing permit, the owner of a bed-and-breakfast establishment desiring to renew said certificate of occupancy, shall file an application for renewal with the Building Inspector. A renewal shall not require a new special use permit, unless the special use permit shall have expired under the terms of that permit.
C. 
Enforcement. The Building Inspector and/or the Village Attorney shall be authorized to enforce the provisions of this section. Before issuance of an appearance ticket, the enforcing officer shall notify the owner and/or operator of the bed-and-breakfast establishment of the violation applicable, and afford a ten-day period in which to remedy the violation. After failure to remedy within the ten-day period, the enforcing officer may issue an appearance ticket charging the owner and/or operator with a violation of this section.
D. 
Penalties. Operation of a bed-and-breakfast establishment without a special use permit and/or certificate of occupancy for transient occupants shall be a violation, punishable by 15 days in jail, a fine not in excess of $250, or both, for each occurrence. Each day after the ten-day grace period that the owner and/or operator shall be in violation of the provisions of this section shall be deemed a separate offense.
A. 
Extractive operations shall not be conducted closer than 300 feet to the adjacent property. A location map which shows land to be quarried or mined and the location of adjacent properties, roads, and natural features shall be filed with the Zoning Board of Appeals. A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses, or other improvements contemplated, shall be submitted to the Zoning Board of Appeals for approval.
B. 
Upon approval of the plan the Zoning Board of Appeals shall issue a use permit for a period of two years. Application for renewal of the permit shall be made to the Board. The Board shall extend the permit from year to year if it finds that restoration of the landscape is proceeding at a pace commensurate with the earth removal operations.
[Amended 3-11-1997 by L.L. No. 2-1997; 10-12-2004 by L.L. No. 4-2004]
An application for a home occupation shall require a special use permit. The Village of Holley Planning Board thereof shall not issue a special use permit or renewal without review and acceptance of the following conditions.
A. 
No person other than a member of the immediate family occupying such dwelling shall be employed full-time as part of the home occupation.
B. 
A home occupation must be conducted within a dwelling which is the residence of the principal practitioner or in an accessory building thereto which is normally associated with the residential use.
C. 
No more than 25% of the gross floor area of the residence shall be used for the conduct of a home occupation. The total gross floor area of a detached accessory structure shall be permitted for use of a home business, provided no part of the business is conducted within the primary structure.
D. 
Direct sales of products or merchandise from the home are not allowed,
E. 
There shall be no outdoor storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation.
F. 
The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Such parking shall be provided off the street and in other than a required front yard.
G. 
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noise, or vibration.
H. 
The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
I. 
One sign shall be allowed and shall be attached to the dwelling or accessory structure. The sign shall not exceed four inches in height and 24 inches in length.
J. 
Only one commercial-type vehicle may be used in connection with the home occupation.
K. 
Typical examples of qualifying home occupations in all zoning districts include, but are not limited to, the following:
(1) 
Dressmaking/alterations.
(2) 
Office services (typing, computer, answering services).
(3) 
Production of baked goods or other food products (with required County Health Board permit).
(4) 
Musical or academic instruction to one pupil.
(5) 
Production of crafts/gifts sold elsewhere.
[Added 10-12-2004 by L.L. No. 4-2004]
An application for a home business shall require a special use permit. A special use permit or renewal thereof shall not be issued without review and acceptance by the Village of Holley Planning Board of the following conditions:
A. 
No more than one person other than a member of the immediate family occupying such dwelling shall be employed.
B. 
There shall be no outdoor storage or display of materials, goods, supplies, or equipment related to the operation of the home business.
C. 
The use shall not generate vehicular traffic in greater volumes than that normal to the zoning district in which the use is located. Parking shall be provided off the street and in other than a required front yard. Minimum parking shall be one space per employee, plus one space for every 300 square feet of gross floor area committed to the business. A parking space shall not be less than nine feet wide by 18 feet in length.
D. 
No home business shall be permitted where access is provided by a shared driveway or shared private road.
E. 
In no way shall the appearance of the structure or accessory structure be altered or the business be conducted in a manner which would cause the premises to differ from its residential character whether by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noise, or vibrations.
F. 
The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
G. 
One sign shall be allowed and shall be attached to the dwelling or accessory structure. The sign shall not exceed six inches in height and no more than 24 inches in width.
H. 
No more than 30% of the gross floor area of a dwelling shall be used for the conduct of a home business. The total gross floor area of a detached accessory structure shall be permitted for use of a home business, provided that no part of the business is conducted within the principal structure.
I. 
No more than one commercial vehicle type shall be used in connection with the home business.
J. 
There shall be no use of utilities or community facilities beyond the normal to the use of the property for residential purposes.
K. 
Typical examples of qualifying home businesses in all zoning districts include, but are not limited to, the following:
(1) 
Professional office.
(2) 
Art and photography studios.
(3) 
Beauty or barbershop.
(4) 
Insurance or real estate agent.
(5) 
Computer/electronic repair service.
L. 
A physician, dentist, lawyer, accountant, engineer, architect or other licensed professional services of a similar nature may use a residential structure owned by such practitioner for a professional office, even if he/she does not reside in such structure, subject to the following:
(1) 
Section 265-48B, C, D, E, F, G, I and J shall apply.
(2) 
No more than three persons, including the practitioner, shall be employed.
(3) 
Shall not apply to R-1 Districts.
M. 
Restaurants, kennels, garages or shops for the repair of motor vehicles and other trades and businesses of a similar nature shall not be deemed home businesses.
N. 
The special use permit shall be renewed every five years. The Village Code Enforcement Officer shall renew the special use permit after review for compliance.
[1]
Editor's Note: Former § 265-49, Signs, was superseded 9-14-2010 by L.L. No. 1-2011. For current provisions, see Art. VIIA, Signs.
[Added 10-7-1974 by L.L. No. 1-1974; amended 10-12-2004 by L.L. No. 3-2004]
A. 
General restrictions. No swimming pool shall hereafter be erected, constructed or excavated except in compliance with the following regulations and requirements. Swimming pools erected, constructed or excavated prior to the effective date of this chapter may continue such nonconformity as to location, drain and filling operation, if any exists, until they are destroyed, structurally altered, reconstructed, changed or moved.
B. 
Location. All swimming pools shall be located to the rear of the front line of the main structure on the premises and shall be at least five feet from the rear and side property lines of the premises. Swimming pools located on corner lots shall be located at least 15 feet from any street, alley or thoroughfare and at least five feet from the rear and side property lines.
C. 
Drain requirements. Where drainage into the storm sewer system of the Village of Holley is impracticable, the swimming pool may be drained onto a lawn or other area, or to a dry well or wells, provided that the water does not overflow onto adjoining property or otherwise provide damage to the adjoining property or cause inconvenience to the owners or occupants of such adjoining property.
D. 
Filling operation. There shall be no permanent physical connection between a potable, public or private water supply system and a swimming pool; and when a temporary physical connection is installed, it shall be operated so that no pool water can be discharged or siphoned into a potable supply system.
E. 
Fence with gate required. All swimming pools shall be completely surrounded by a fence or similar barrier at least four feet in height. All gates and said fence shall be equipped with a locking device, and all such gates shall be locked when the swimming pool is not in use. The structure adjacent to the swimming pool may serve as a portion of the fence requirement of this section. Walls or other structural components of the swimming pool may also serve as a portion or as all of the fence requirements of this section, provided that the walls or other structural components are at least four feet in height, and that any entrance, ladder or other means of structural component is equipped with a gate or similar barrier capable of being locked, and which said gate or similar barrier shall be locked when the pool is not in use. Swimming pools which are completely enclosed shall be considered as complying with this section, provided that all entrances to the pool from the exterior are capable of being locked.
A. 
Preparations prior to demolition. Before starting demolition all glass and exterior openings shall be removed. All gas, electric, water, steam and other supplied lines shall be shut off and capped. In each case, the service company involved shall be notified in advance and grant a permit for the same. All sewer and water connections shall be sealed off in a manner satisfactory to the authority responsible for sewers and water. Where it is necessary to maintain any power, water, gas or electric lines during demolition, such lines shall be so relocated or protected with substantial coverings as to protect them from injury and to afford safety to the workmen and the public. Before demolition is started, the cellar shall be thoroughly cleaned of combustible material and all fixtures and equipment which would cause voids in the fill removed. If the cellar is to be filled to grade, the existing cellar floor shall be broken up to provide ground drainage and prevent accumulation of water. If the cellar is not to be filled, adequate drainage shall be provided.
B. 
Inspection. During demolition, the municipality shall have the right to inspect the work to detect any hazards to workmen or public resulting from weakened or deteriorated floors or walls or loosened material. No employee shall be suffered or permitted to work where such hazards exist. They shall be corrected by shoring, bracing, or other effective means. In addition, all requirements of the demolition portion of the New York State Department of Labor's Rule No. 23, entitled "Protection of Persons Employed in Construction and Demolition Work," or any subsequent revision or amendment, shall be followed and observed by the owner and individual or corporation undertaking the demolition.
C. 
Where the structure is to be demolished is more than 25 feet above adjacent grade, and where the horizontal distance from the structure to the inside edge of a sidewalk or other public way is less than one-half the height of the structure, a sidewalk shed shall not be required where the sidewalk or public way is barred or closed to the public or is more than 40 feet from the building or structure which is to be demolished regardless of its height. Regardless of the height of the building, whenever any material or debris is moved or swung by means of a derrick, hoist, chute or similar device over any sidewalk or public way which is not barred or closed to the public, a sidewalk shed shall be erected over such sidewalk or public way.
D. 
Mechanical method of demolition. Whenever a swinging weight, clamshell, bucket, power shovel, bulldozer or other mechanical contrivance is used for the purpose of demolishing a building or any part thereof, no person other than workmen essential to the operation of the equipment shall be suffered or permitted to enter a zone of demolition. For purposes of this subsection a zone of demolition at least 1 1/2 times the height of the structure or portion thereof being so demolished shall be maintained around the points of impact. A further zone of demolition shall be maintained within 25 feet of the line of travel of any weight, bucket, shovel or bulldozer used in the demolition.
E. 
Site protection. After a building has been demolished, the entire site of such building shall be cleared of any and all debris or waste materials and all basements, all cellars, and all other holes or openings in or on the site shall be properly filled up to the ground level with earth, stone, masonry or other similar sanitary and noncombustible material. All grading shall be so sloped so that all water flowing on the site will not flow over any adjoining property. However, upon the presentation of definite proof that construction operations for the erection of a new building will be commenced on the site within two months after the demolition has been completed, then the filling of basements, cellars and other holes will not be necessary, provided a substantial barricade is erected enclosing the entire site.
F. 
Prevention of spread of vermin. The Code Enforcement Officer shall have the authority to inspect premises for which an application to demolish has been filed, and to require the owner to free the premises of rat infestations by extermination before proceeding with demolition.
[Added 10-12-2004 by L.L. No. 3-2004]
No nonconforming use shall be maintained, renewed, changed, or extended without a certificate of occupancy (certificate of existing use therefor) having first been issued by the Code Enforcement Officer. No existing building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered except as follows:
A. 
Restoration. Any nonconforming building or structure, which as a result of fire, explosion, or other casualty, has less than 50% of its then-existing floor area made unsafe and/or unusable, may be restored, reconstructed or used as before, provided that the bulk, height, and area requirements shall not be in excess of that which existed prior to said damage. Such restoration must be completed within two years of such occurrence or the use of such building, structure, or land as a legal nonconforming use shall thereafter be terminated.
B. 
Extension and displacement. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use. No nonconforming use shall be extended to displace a conforming use.
C. 
Unsafe structures. Any nonconforming building or structure or portion thereof declared unsafe by a proper authority may be restored to a proper condition.
D. 
Alterations and repairs. A nonconforming building or structure for other than residential purposes may not be reconstructed or structurally altered during its life to an extent that such alterations exceed in aggregate cost 25% of the full valuation of the building or structure, exclusive of the value of land, unless said building or structure is changed to a conforming use. A nonconforming building or structure containing residential use may be altered in any way to improve interior livability, provided that no structural alteration shall be made which would increase the nonconformity with regard to the number of housing units or the bulk of the building or structure. Normal maintenance repairs and incidental alteration of a building or structure containing a nonconforming use shall be permitted, provided that said repairs and alterations do not extend the volume or area of space occupied by the nonconforming use.
E. 
Change of use. A nonconforming use or structure may be changed to another nonconforming use of an equal or more restricted classification, provided that no structural change, enlargement, extension or reconstruction is made.
F. 
Abandonment. The discontinuance of a nonconforming use for a period of one year and/or the change of use to a more restrictive or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived. Intent to resume active operations shall not constitute continuance of a nonconforming use.
G. 
Partial destruction. In the case of any nonconforming building or structure, which, as a result of fire, explosion, or other casualty, has 50% or more of its then-existing floor area destroyed, the use of such building or structure, as a nonconforming use, shall thereafter be terminated and any new construction shall be in accordance with the regulations of this chapter.