Village of LeRoy, NY Zoning District Regulations, Zoning Map

One principal building and use per lot. There shall not be more than one principal structure and one principal use on any lot in the residential districts (R-1, R-2, R-3), other than multifamily uses which may have more than one principal building.

Yard and open space for every building. No part of any yard of other open space required about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of the yard or other open space similarly required for another structure. Also no yard or other open space on one lot shall be considered as a yard or open space for a building or structure on any other lot.

Established front yard. Where front yards in any district have been established for more than 50% of the frontage in any block at a depth greater than the minimum required for the district, the depth of the required front yard shall be increased to comply with such established depth. In no case shall the depth of the required front yard be less than that specified for the district in which it is located.

Subdivision of a lot. Where a lot is hereafter formed from part of a lot already occupied by a building, such separation shall be effected so as not to violate any of the requirements of this chapter with respect to the existing building, including yards and other required spaces in connection therewith. No zoning permit shall be issued for the erection of a building on the new lot thus created unless there is full compliance with all the provisions of this chapter.

Irregular lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel due to its size, shape or topography, as it relates to development of such lot (i.e. reduction of developable area due to severe slopes or excessive narrowness), the matter shall be referred to the Zoning Board of Appeals and dealt with in accordance with the applicable provision of § 215-14.

Required street frontage. No zoning permit shall be issued for any structure unless the lot which that structure is to be built upon has the required frontage on a street, as defined herein, which frontage provides the actual access to such structure, and which street shall have been suitably improved to Village Board standards or a bond posted therefor to the satisfaction of the Village Board and Planning Board.

Parts of lots not counted toward area requirements. No part of any lot less in width than 1/2 of the minimum lot width requirement for the district in which it is located shall be counted as part of the minimum lot area.

Adjacent lots. Where two or more adjacent lots are, at the time of the effective date of this chapter, in the same ownership, they shall not be considered a single lot, unless they are described as one parcel in a deed recorded at the Genesee County Clerk's office.

Supplementary yard regulations.

Porches/decks. A porch/deck shall be considered a part of the building in determining the yard requirements (setbacks) or amount of lot coverage. Open exterior stairways shall not be considered part of a building.

Projecting horizontal architectural features. Architectural features, such as window sills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard.

Visibility at intersections. On a corner lot in any district other than a C-3, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained with the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 20 feet distant from the point of intersection, measured along said street lines. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.

Swimming pools. All swimming pools whose capacity is 100 gallons or more shall be considered accessory buildings within the provisions this section and shall set back from lot lines at least the minimum distance required for other buildings and structures. Pools shall be fenced and protected by an appropriate gate as set forth in the New York State Uniform Fire Protection and Building Code.

(e)

Buffer strip. Wherever a buffer strip is required by this chapter, it shall meet the following standards:

Be at least 10 feet in width along any commercial or industrial lot line abutting a lot in a residential district.

Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at street level on the adjoining lot. The plan and specifications for such planting shall be filed with the approved plan for use of the lot.

[3]

A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.

Open space in industrial districts. Where an industrial district abuts a residential district, there shall be at least 100 feet of open space within the industrial district along such abutting line, which open space shall include a buffer strip.

Excavation. In any construction, open excavations shall be limited to a maximum of 30 days, with appropriate fencing, barricades or covering.[2]

Editor's Note: See also Ch. 98, Excavations.

Location of accessory building, structures and satellite dish.

Accessory buildings are permitted as follows:

A one-story accessory building having a total floor area of 150 square feet or less and a building height of not more than nine feet may be located not closer than three feet to the rear and side lot lines in the rear yard areas and shall not be located in front of the principal building, i.e., the front yard.

The location of accessory buildings having a total floor area greater than 150 square feet or a building height of greater than nine feet shall be located in compliance with the required yard areas of the respective district and shall not be located in front of the principal building, i.e., the front yard.

Accessory structures, other than buildings, are permitted as follows (for fences, see § 215-49):

Accessory structures, other than buildings, equal to or less than 15 feet in height, may be located not closer than three feet to the rear and side lot lines in the rear yard area and shall not be located in front of the principal building, i.e. the front yard.

Accessory structures, other than buildings, greater than 15 feet in height, shall be located in compliance with the required yard areas of the respective district and shall not be located in front of the principal building, i.e., the front yard.

Antennas, including satellite dish antennas, shall not occupy a front yard or be located any closer than three feet to any side or rear lot lines.

Nonconforming uses, structures and lots.

Lawful existing uses or structures. Except as otherwise provided in this section, the lawful use of land or structures existing at the effective date of this chapter may be continued, although such use or structure does not conform to the regulations specified in this chapter for the zone in which such land or structure is located; provided, however that:

No nonconforming lot shall be further reduced in size.

No nonconforming building be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of nonconformance.

No nonconforming use may be expanded.

No existing conforming use shall be changed to a nonconforming use.

Abandonment. A nonconforming use or uses, other than signs, shall be adjusted or abandoned when there occurs a cessation of any such use or activity and a failure on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Where multiple uses exist, partial abandonment shall take place for those specific uses which meet the aforementioned criteria. Nonconforming signs shall be considered abandoned whenever the circumstances set forth in § 215-48C(7) occur, irregardless of time limits.

Restoration and repair. No building damaged by fire or other causes to to the extent of more than 50% of its assessed valuation shall be repaired or rebuilt except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Code Enforcement Officer.

Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

Alterations. A nonconforming building may not be structurally altered during its life to an extent exceeding, in aggregate cost, 50% of the assessed value of the building, unless said building is changed to conform to the requirements of this chapter.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.

Uses not permitted. Uses which are not specifically allowed by this chapter are prohibited.

Minimum dimensional criteria. All one- and two-family dwelling units located on individual lots shall have a minimum outside width of at least 16 feet. This provision shall not prohibit the construction of smaller additions or projections from larger units (less than 16 feet wide), provided that a sixteen-foot minimum width is clearly established for the overall unit.

Minimum enclosed living area.

One-family dwellings shall have a minimum enclosed living area, not including garage but also not limited to only habitable floor area, of at least 750 square feet.

Two-family dwellings shall have a minimum enclosed living area of at least 750 square feet per unit.

Multiple-family dwellings shall have a minimum enclosed living area per unit as follows:

Number of Bedrooms Per Unit	Minimum Square Footage
Efficiency	300
1	550
2	650
3	800
4	1,000
5 or more	As determined by Planning Board

Stabling farm animals and storage of fertilizer, agriculture chemicals and manure.

There shall be no stabling of farm animals, poultry, or storage of manure within the Village.

[Amended 1-27-2021 by L.L. No. 2-2021]

There shall be no storage of bulk quantities of fertilizer, pesticides and/or herbicides, or similar odor- or dust-producing or hazardous substances within the residential or commercial districts. Bulk storage of such substances within the Industrial District is permitted only after site plan approval.

In the Central Business District (C-2 Zone) the following restrictions apply to any new construction, exterior repairs or remodeling commenced after November 13, 2002:

[Added 1-24-2003 by L.L. No. 1-2003]

New construction shall have a zero setback from the New York State right-of-way. Relief from this requirement may be granted by the Village of LeRoy Zoning Board of Appeals through the variance process for pedestrian amenities such as recessed entries or chamfered corners.

New construction shall be at least two stories or greater in height but no greater than five stories. The height and appearance of new structures should be consistent with and compliment adjacent structures. Corner buildings may be granted variances for heights due to prominent locations in the District.

New construction shall extend to both side property lines; i.e., side yard setbacks shall be zero. Any driveways shall open into the nearest side or back street or alley.

New construction or exterior remodeling shall incorporate rooflines and forms which coordinate with the style of adjacent buildings. Cornices at the tops of buildings are encouraged. The Village of LeRoy Planning Board may approve other roof types if they do not conflict with the overall style and appearance of the Central Business District.

Front entry points to buildings shall be located to afford direct access to and from the front sidewalks. Corner buildings may have entry points on both streets.

All exposed sides of buildings shall be architecturally consistent regarding building materials and architectural style with the facade of the buildings.

On site parking, if any, for buildings in the Central Business District shall be provided at the rear of the building. Any portion of parking areas that would otherwise remain visible from Main Street shall be shielded from such view by utilizing decorative walls or vegetation.

Any demolition of an existing building or structure in the C-2 Zone shall be deemed to be an unlisted action for purpose of complying with the New York State Environmental Quality Review Act (SEQRA).

[Added 1-24-2003 by L.L. No. 1-2003]

Any new construction, reconstruction or remodeling in the C-2 Zone which includes drive-up or drive-through service shall be permitted only upon the issuance of a specific use permit.

[Added 1-24-2003 by L.L. No. 1-2003]

Editor's Note: Zoning Schedule A is included at the end of this chapter.

§ 215-22 Zoning District classification.

The Village of LeRoy is hereby divided into the following zoning districts and overlay zone:

R-1	Residential 1 District
R-2	Residential 2 District
R-3	Residential 3 District
C-1	Neighborhood Commercial District
C-2	Central Commercial District
I	Industrial District
LC	Land Conservation District
PUD	Planned Unit Development District
FPO	Floodplain Overlay Zone

§ 215-23 Newly annexed lands.

In order to promote orderly development and the general welfare of the community, where land is newly annexed but before legislative action can be taken to zone said land designating said land as being in one of the districts referred to in § 215-22 of this article, such newly annexed land shall not be improved or developed in any manner, including the erection of any buildings or other structures or alteration of any existing buildings or other structures thereon or change of any use with respect thereto until such legislative action is taken; provided, however, that if such legislative action is not taken and such designation is not made within 180 days of the effective date of the annexation, the restrictions contained in this section shall no longer apply.

§ 215-24 Zoning Map.

The zoning districts are shown, defined and bounded on the Zoning Map accompanying this chapter, which map is made a part of this chapter. The Zoning Map is hereby made a part of this chapter and shall be on file in the Village Clerk's office.

§ 215-25 Interpretation of zoning district boundaries.

Questions concerning the exact location of district boundary lines as shown on the Zoning Map shall be resolved by the Zoning Enforcement Officer with the option of appeal of such determination to the Zoning Board of Appeals, pursuant to the provisions of § 215-14 of this chapter.

Where a district boundary line divides an existing lot of record, the regulations for the less restricted part of such lot shall extend to this lot line in the more restrictive district or 50 feet or whichever is less, provided that the lot has frontage on a street in the less restricted district.

§ 215-26 Existing lots of record.

Yard and area requirements for previously undeveloped lots of record existing prior to the effective date of this chapter, which cannot conform to existing area requirements, shall be determined by the Zoning Board of Appeals. In making their determination, the Zoning Board of Appeals shall take into consideration the yard and area requirements for the zoning district in which the undeveloped lot is located in and the existing yard and area dimensions found for other lots in the general vicinity.

§ 215-27 Residential R-1 District.

The R-1 District is designed to accommodate primarily single-family residential uses. The primary purposes of this district are to preserve the character of existing single-family neighborhoods and to encourage quality residential development in those newly developed or still undeveloped areas of the Village.

The following uses are permitted in R-1 Districts:

Single-family dwelling.

Home occupation.

Accessory building.

Swimming pool, tennis court (noncommercial).

The following uses are permitted in the R-1 District upon the issuance of a special use permit:

Educational and cultural institution.

Church and other similar places of worship.

Rectory, convent and/or cemetery.

Public park.

Funeral home.

Day-care center.

Public utility structure.

Governmental uses.

Adult care facilities.

[Added 5-27-1998 by L.L. No. 1-1998]

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-28 Residential R-2 District.

The R-2 District is designed to accommodate primarily single- and two-family dwellings. The primary purpose of this district is to encourage the retention of a positive community character within those developed residential areas of the Village.

The following uses are permitted in R-2 Districts:

Single-family dwelling.

Two-family dwelling.

Home occupation.

Accessory building.

Swimming pool, tennis court (noncommercial).

The following uses are permitted in R-2 Districts upon the issuance of a special use permit:

Educational and cultural institution.

Church and other similar places of worship.

Rectory, convent and/or cemetery.

Public park.

Funeral home.

Day-care center.

Public utility structure.

Governmental uses.

Multifamily dwelling(s).

Volunteer fire department/ambulance service.

Club, social organization.

Health, medical and related institutional use.

(13)

Adult-care facilities.

[Added 5-27-1998 by L.L. No. 1-1998]

(14)

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-29 Residential R-3 District.

The R-3 District is designed to accommodate single- and two-family dwellings, together with a mixture of multifamily dwellings. It is recognized that conversion of existing one- and two-family dwellings into multifamily dwellings will take place within this district. In order to retain a positive community character, such conversions should comply with all appropriate guidelines.

The following uses are permitted in R-3 Districts:

Single-family dwelling.

Two-family dwelling.

Home occupation.

Accessory building.

Swimming pool, tennis court (noncommercial).

The following uses are permitted in R-3 Districts upon the issuance of a special use permit.

Educational and cultural institution.

Church and other similar places of worship.

Rectory, convent and/or cemetery.

Public park.

Funeral home.

Day-care center.

Public utility structure.

Governmental use.

Multifamily dwelling(s).

Volunteer fire department/ambulance service.

Club, social organization.

Health, medical and related institutional use.

(13)

Boardinghouse.

(14)

Adult-care facilities.

[Added 5-27-1998 by L.L. No. 1-1998]

(15)

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-30 Neighborhood Commercial C-1 District.

The C-1 District is designed to accommodate primarily commercial uses. The primary purpose of this district is to provide areas for small- to medium-sized commercial uses. Site plan review is required of all uses in C-1 Districts.

The following uses are permitted in C-1 Districts:

Retail store or service.

Hotel or motel.

Warehouse/storage (enclosed, no hazardous materials).

Funeral home.

Business and professional office.

Restaurant.

Bakery.

Church and other similar places of worship.

Accessory building.

Laundromat.

[Added 3-17-2021 by L.L. No. 3-2021]

The following uses are permitted in C-1 Districts upon the issuance of a special use permit.

Gasoline station.

Gasoline station-market.

Drive-in establishments.

Motor vehicle sales and service.

Residential uses.

Night club/taverns.

Medical clinic.

Veterinary facility.

Self-service storage facility.

Governmental use.

Boardinghouse.

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-31 Central Commercial C-2 District.

The C-2 District is designed to accommodate primarily concentrated commercial development. Site plan review is required of all uses in C-2 Districts.

The following uses are permitted in C-2 Districts:

Retail store or service.

Business and professional office.

Restaurant.

Hotel or motel.

Funeral home.

Bank.

Club.

Medical clinic.

Veterinary facility.

Boardinghouse.

Church and other similar places of worship.

Laundromat.

[Added 3-17-2021 by L.L. No. 3-2021]

The following uses are permitted in C-2 Districts upon the issuance of a special use permit.

Drive-in establishments.

Arcade.

Indoor recreation.

Motor vehicle sales and service.

Night club/tavern.

Residential uses.

Self-service storage facility.

Governmental use.

Drive-up or drive-through facilities.

[Added 1-24-2003 by L.L. No. 1-2003]

Car wash.

[Added 1-13-2021 by L.L. No. 1-2021]

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-32 Industrial I District.

The I District is designed to accommodate industrial uses. Site plan review is required of all uses in the I District.

The following uses are permitted in I Districts:

Enclosed manufacturing industry.

Enclosed warehouse or wholesale use.

Public utility structure.

Enclosed service and repair.

Machinery and transportation equipment, sales, service and repair.

Enclosed industrial processes and service.

Freight or trucking terminal.

Contractor's yard.

Public garage.

Restaurant.

Retail store or service.

Greenhouse.

(13)

Accessory building.

(14)

Business and professional offices.

[Added 3-17-2021 by L.L. No. 3-2021]

(15)

Laundromat.

[Added 3-17-2021 by L.L. No. 3-2021]

The following uses are permitted in I Districts upon the issuance of a special use permit:

Manufacturing use (not enclosed).

Warehouse or wholesale use (not enclosed).

Service and repair (not enclosed).

Adult uses.

Self-service storage facility.

Drive-in establishments.

Car wash.

Governmental use.

Tennis courts, volleyball courts, basketball courts or other recreational facilities in confined areas which are found by the Planning Board to be not incompatible with the other industrial uses in the area or residential uses in adjacent zones.

[Added 5-23-1995 by L.L. No. 2-1995]

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

§ 215-33 Land Conservation LC District.

The purpose of the Land Conservation District is to delineate those areas where substantial development of the land in the way of building or structures is prohibited because of the following:

Special or unusual conditions of topography, drainage, floodplain or other natural conditions whereby considerable damage to the buildings or structures and possible loss of life may occur due to the processes of nature.

The lack of proper facilities or improvements resulting in the land not being suitable for development at the present time and where such facilities or improvements must be undertaken on an area-wide rather than individual-parcel basis in order to adequately serve the area at a reasonable cost to the Village.

To promote this purpose, in Land Conservation Districts no building or structure shall be erected, altered or extended, and no land, building, structure or part thereof shall be used, for other than one or more of the following uses, all of which will require a special use permit within the Land Conservation District:

Farm and other agricultural operations, including gardens, nurseries and usual farm accessory buildings, not including dwellings.

Park, playground, athletic field, golf course, hiking trails and other similar uses, including usual accessory buildings.

Municipal or public utility structures or facilities.

Detention/Retention pond.

[Added 1-27-2021 by L.L. No. 2-2021]

Whenever it is shown that the special or unusual conditions causing the land to be placed in the Land Conservation District have been corrected or otherwise taken care of, such land may then be rezoned as provided in § 214-18.

§ 215-34 Planned Unit Development PUD District.

Purpose. The purpose of the Planned Unit Development District is to permit greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities; to provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities; to permit a variety of residential types, including mobile home parks, and/or nonresidential uses; and to preserve natural and scenic qualities of the site during the development process.

General requirements.

Minimum area. The minimum area required to qualify for a planned unit development shall be two contiguous acres of land.

Ownership. The tract of land for a planned unit development may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner, or jointly by owners, of all property included in a project. In the case of multiple ownership, the approved planned unit development plan is binding on all owners.

Location. The Planned Unit Development District shall be applicable to any zoning district or parts of zoning districts where the applicant can demonstrate that the characteristics of his holdings and plan will meet the objectives of this section.

Common open space. Common open space in a planned unit development may be one or more sites for use in common by all of the occupants within the project area or by the residents of the Village as a whole, depending upon dedication of such sites. Such common open space may be retained in private ownership or received in dedication by the Village. If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Village Board. No common open space, so designated by the proposal and approved by the Village Board, may be thereafter developed or disposed of except with the approval of the Village Board.

Permitted uses. Any uses identified as permitted uses or uses allowed by special permit as set forth in this chapter may be permitted in a planned unit development.

Mix of uses. The mix of permissible uses shall be determined by the Village Board.

Application procedure and approval process.

Conceptual review. Before submission of a petition for rezoning as a planned unit development, the developer is encouraged to meet with the Village Planning Board to determine the feasibility and suitability of his proposal before entering into any binding commitments or incurring substantial expenses of site plan preparation and the required documentation.

Rezoning procedure.

Submission of petition. All petitions for the establishment of Planned Unit Development Districts shall be submitted to the Village Clerk. (See Subsection C(2)(d) of this section.)

Notification and referral. Within five working days, the Village Clerk shall notify the Village Board of the petition and shall refer the petition and all supporting documentation to the Village Planning Board for their review and recommendations.

Planning Board review. Within 45 days of receipt of the application, the Village Planning Board shall review the petition and shall recommend approval, approval with modifications or disapproval. Failure to act within 45 days or such longer period as may be consented to shall cause such application to be forwarded to the Village Board without a recommendation.

Submission requirements. The applicant shall submit a minimum of four sets of such plans and drawings; additional sets may be required. These four sets shall be submitted to the Village Clerk. The preliminary plans shall be accompanied by such maps, charts and written material necessary for the Boards to make a preliminary judgment on the suitability and impact of the proposed planned unit development on the Village. Preliminary plans should include the following:

A preliminary site plan of the property covered by the petition showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.); the number and type of residential structures and dwelling units within each residential area; the approximate square footage of nonresidential use within each nonresidential area; the amount of open space; traffic circulation; and the surrounding land uses.

A written preliminary description of the proposal, including the total number of acres in the site; the estimated number and type of housing units; the estimated residential and nonresidential density; the major planning assumptions and objectives; the probable effect on adjoining properties; and the effect on the overall Village development plan and the effect on this chapter.

(e)

Review considerations. In review of the preliminary plans, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this chapter and the impact on the established land uses in the area, overall density of development, traffic circulation, the provision of open spaces and the effect on schools and other municipal facilities.

(f)

Village Board review and approval. Upon receipt of the Planning Board's recommendation, the Village Board may, after a public hearing and review of the proposed zone change by the County Planning Board, amend this chapter so as to establish and define the boundaries of the planned unit development. If the rezoning request is approved for the planned unit development, such action does not authorize improvements to the rezoned land.

Final plan.

Ownership. Before final approval of the planned unit development, the applicant must show evidence of the full legal ownership in the land.

Submission of final plan. Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Village Clerk.

(e)

Submission requirements. The applicant shall submit a minimum of four complete sets of the final plan and drawings; additional sets may be required. These four sets shall be submitted to the Village Clerk. The applicant shall submit detailed site plans comparable to the requirements for final approval of a subdivision plat. The final plan shall be accompanied by a detailed justification for the proposal, including such maps, charts and written material necessary for the Village to make an impartial judgment on the suitability and impact of the proposed planned unit development on the Village. Such material shall include, but not be limited to, the following:

A mapped development plan of the property covered by the petition, showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.), the number of residential structures and dwelling units within each residential area, the approximate square footage of nonresidential use within each nonresidential area and the amount of open space.

A written description of the proposal, including the major planning assumptions and objectives, the probable effect on adjoining properties, the effect on overall Village development plan and the effect on this chapter.

[3]

Such additional written material, graphs or charts as are necessary to present the total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units and square feet of nonresidential floor area, including the approximate selling and/or rental price, the development schedule expressed in units per month (or year or any other appropriate time sequence), the phasing plan (if any), the approximate completion date of the entire project and the estimated total construction cost of the project upon completion.

[4]

Such other written or graphic material as is necessary for the Planning Board to judge the impact of the proposal on the Village. Such material shall include, but not be limited to: the need for new public facilities and the adequacy of existing facilities, including a statement of the extent to which the applicant intends to provide needed facilities, a fiscal impact statement, including a summary of new costs and revenues to the Village due to the development, the projected new population and the method of assuring that all open spaces will be permanently maintained and devoted to open space uses.

(f)

Review considerations. In review of the final plan, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by this chapter and the protection of the established and permitted uses in the area. It shall consider: the location of main and accessory buildings and their relation to one another; the circulation pattern of the site and the amount, locations and access of parking and off-street loading space facilities; the height and bulk of buildings; the provision of open spaces, landscaped areas, signs and similar features of the site plan; and the safeguards provided to minimize possible detrimental effects of the proposed development on adjacent property and the surrounding neighborhood; the manner of conformance with the official development policies of the Village; the effect on schools and other municipal facilities; and the manner in which natural and scenic characteristics of the site are preserved.

(g)

Village Board review and approval. Upon receipt of the Planning Board's recommendation, the Village Board may, after a public hearing and review of the final plan by the County Planning Board, approve, approve with modifications or disapprove the final plan. The Village Board shall make final decision in accordance with official Village development policies and may impose conditions relating to that plan.

Design standards.

Area requirements. Overall area, yard, coverage, height, density and supplementary regulation requirements shall be comparable to minimum requirements in appropriate zoning districts for each specific use, except where the Planning Board finds that it is in the public interest to modify these requirements, and the Village Board approves such modifications.

Traffic and circulation.

All proposed public roads shall meet the design and construction specification set forth by the Village.

Special consideration should be given to pedestrian movement from the standpoint of safety, convenience and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system.

Common open space. All common open space should be preserved and maintained for the intended purpose through one or more of the following methods:

Public dedication.

Establishment of a homeowners' association.

Retention of responsibilities, control and maintenance by the developer.