Article V District Regulations

Single-family dwellings, not to exceed one principal structure per lot.

Agriculture (farming) as defined herein.

Storage, packing and sale of field, garden, orchard, nursery, and vineyard crops, but not including agricultural product processing facilities or distribution centers.

Cemeteries subject to the following regulations:

A new cemetery shall contain at least 10 acres of contiguous land. An existing cemetery may be increased in size, provided that the land being added contains a minimum of five acres, is located adjacent to the existing cemetery and is not separated from the existing cemetery by a public street, highway or other public right-of-way.

The lot width shall not be less than 300 feet.

Each cemetery shall provide a maintenance building for the storage of all equipment and materials being used for the maintenance an operation of the cemetery. Mausoleums and chapels that are incidental to the cemetery shall be permitted as accessory uses. No accessory structures shall be located closer than 50 feet to any lot line. No crematoria or caretaker's dwelling shall be permitted within or considered accessory to a cemetery. No building shall exceed 35 feet in height.

No internment shall be within 50 feet of any street or lot line.

Memorials and monuments may not exceed six feet in height.

A minimum of three off-street parking space shall be provided for each acre of land.

Each cemetery shall post the hours of operation and use by the public, including a telephone number to call for information or to report an incident.

Permitted accessory uses.

One private attached or detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises. Garages and carports shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback in compliance with the setback requirements specified in this chapter.

Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, storage buildings, greenhouses, barbecues and pet shelters for no more than two pets.

Customary farm accessory buildings for the storage or packing of products or equipment, but not including agricultural product processing facilities or distribution centers.

The keeping, breeding, and raising of farm animals in association with a residential use, subject to the following restrictions:

No stable, similar animal housing or confining areas shall be allowed on lots of less than two acres.

No structure housing such animals shall be located closer than 50 feet to any street or property line.

Not more than one adult or fully grown horse, cow, beef steer, sheep, goat or other four-legged domestic-type farm animal, or combinations thereof, may be kept per acre of land in the residential parcel.

Not more than a total of any combination of 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type may be kept per acre of land in the residential parcel.

Yard sales, provided that not more than three such sales shall occur during one calendar year, and that the duration of each such sale not exceed three consecutive days.

Off-street parking, fencing and signs in accordance with the provisions of this chapter.

Home occupations (as an accessory use only).

Family day care and group family day care.

Roadside farm stands, under the following conditions:

The stand shall be set back not less than 30 feet from the edge of the right-of-way line.

Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site.

Such stands (including signs associated with such uses) shall be removed and appropriately stored within 10 days of the end of the harvest season.

Other accessory uses not specified herein may be approved, provided that the Zoning Board of Appeals renders an interpretation indicating that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter. Accessory furnace buildings are prohibited.

Uses requiring a special permit issued by the Village Planning Board. (Subject to special permit regulations, Article VII).

Class A and Class B home businesses (as an accessory use only).

Riding stables.

Campgrounds.

Bed-and-breakfast inns (as an accessory use only).

Cluster residential development.

Assembly halls and theaters, excluding movie theaters (as an accessory use only).

Essential services and utilities.

Places of worship.[1]

Editor's Note: Original Sec. 500D(9), Private preschools, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Adult and child day-care centers.

Veterinarian offices/animal hospitals with indoor facilities only.

Alternative energy systems (as an accessory use only).

Specifications.

Requirements for agricultural uses:

Minimum setbacks:

Front: 75 feet (measured from right-of-way line).

Side: 50 feet each.

Rear: 75 feet.

Minimum lot width: 400 feet.

Minimum lot size: 5 acres.

Maximum building height: 35 feet, except agricultural storage facilities.

Maximum building coverage: 15%.

Minimum green space: 70%.

Requirements for single-family residential dwellings:

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 20 feet each.

Rear: 25 feet.

Minimum lot width: 100 feet.

Minimum lot size: 14,520 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 30%.

Minimum green space: 50%.

Exceptions.

Where a lot has a width of less than 100 feet, but more than 66 feet at the time of the enactment of this chapter, the side yard requirements shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than six feet and the other side yard shall have a width of not less than 12 feet. Where a lot has a width of less than 66 feet, at the time of the enactment of this chapter, the side yard requirements shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than four feet and the other side yard shall have a width of not less than eight feet.

For corner lots with a width of less than 100 feet, there shall be a yard along the lot line adjacent to the side street having a width from the right-of-way of not less than 12 feet and extending from the front right-of-way line to the rear line of the lot.

§ 254-25 R-1 Single-Family Residential District.

Where yards have been established to greater or lesser depths or widths than required by this section, within 300 feet of the premises for which a building permit is filed, the Zoning Board of Appeals may vary the yard depth and width requirements so as to be in harmony with the character of the development of the neighborhood.

Purpose. The purpose of the R-1 Residential District is to provide a stable residential environment for single-family residential use and development, free from incompatible uses.

Permitted uses.

Single-family dwellings.

Permitted accessory uses.

One private attached or detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises. Garages and carports shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback in compliance with the setback requirements specified in this chapter.

Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, storage buildings, greenhouses, barbecues and pet shelters/kennels for not more than two pets.

Gardens for growing produce, herbs and/or flowers for the exclusive consumption by or use of the occupants of the dwellings on the parcel.

Yard sales, provided that not more than three such sales shall occur during one calendar year, and that the duration of each such sale not exceed three consecutive days.

Off-street parking, fencing and signs in accordance with the provisions of this chapter.

Home occupations (as an accessory use only).

Family day care and group family day care.

Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).

Class A and Class B home businesses (as an accessory use only).[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Bed-and-breakfast inns (as an accessory use only).

Cluster residential development.

Essential services and utilities.

Places of worship.

Senior citizen independent living/assisted living apartment buildings.

Funeral homes.

Private schools and preschools.

Adult and child day-care centers.

Libraries and museums.

Nursing and convalescent homes.[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Specifications.

Requirements for single-family dwellings:

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 15 feet each.

Rear: 25 feet.

Minimum lot width: 80 feet.

Minimum lot size: 12,000 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 35%.

Minimum green space: 50%.

Exceptions.

Where a lot has a width of less than 80 feet, but more than 66 feet at the time of the enactment of this chapter, the side yard requirements shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than six feet and the other side yard shall have a width of not less than 12 feet. Where a lot has a width of less than 66 feet, at the time of the enactment of this chapter, the side yard requirements shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than four feet and the other side yard shall have a width of not less than eight feet.

For corner lots, there shall be a yard along the lot line adjacent to the side street having a width from the right-of-way of not less than 12 feet and extending from the front right-of-way line to the rear line of the lot.

§ 254-26 R-2 Two-Family Residential District.

Purpose. The purpose of the R-2 Residential District is to provide a higher density of development than is permitted in the R-1 District while maintaining the residential character within the district free from incompatible uses.

Permitted uses.

Single-family dwellings.

Two-family dwellings.

Permitted accessory uses.

One private attached or detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises. Garages and carports shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback in compliance with the setback requirements specified in this chapter.

Gardens for growing produce, herbs and/or flowers for the exclusive consumption by or use of the occupants of the dwellings on the parcel.

Yard sales, provided that not more than three such sales shall occur during one calendar year, and that the duration of each such sale not exceed three consecutive days.

Off-street parking, fencing and signs in accordance with the provisions of this chapter.

Home occupations (as an accessory use only).

Family day care and group family day care.

Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).

Class A and Class B home businesses (as an accessory use only).[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Bed-and-breakfast inns (as an accessory use only).

Places of worship.

Libraries and museums.

Private schools and preschools.

Adult and child day-care centers.

Funeral homes.

Essential services and utilities.

Specifications.

Single-family dwellings:

Requirements.

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 10 feet each.

Rear: 25 feet.

Minimum lot width: 70 feet.

Minimum lot size: 10,000 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 35%.

Minimum green space: 50%.

Exceptions.

Where a lot has, at the time of the enactment of this chapter, a width of less than 70 feet, but more than 66 feet, the side yard requirements for single-family dwellings shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than six feet and the other side yard shall have a width of not less than 10 feet. Where a lot has, at the time of the enactment of this chapter, a width of less than 66 feet, the side yard requirements for single-family dwellings shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than four feet and the other side yard shall have a width of not less than eight feet.

Where yards have been established to greater or lesser depths or widths than required by this section, within 300 feet of the premises for which a building permit is filed, the Board of Appeals may vary the yard depth and width requirements so as to be in harmony with the character of the development of the neighborhood.

Requirements for two-family dwellings:

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 10 feet on one side and 20 feet on the other side.

Rear: 25 feet.

Minimum lot width: 100 feet.

Minimum lot size: 14,250 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 30%.

§ 254-27 R-3 Multiple-Family Residential District.

Minimum green space: 50%.

Purpose. The purpose of the R-3 Multiple-family Residential District is to provide more affordable housing by permitting a higher density of development while maintaining the residential character within the district free of incompatible uses.

Permitted uses.

Single-family dwellings.

Two-family dwellings.

Multiple-family dwellings (nontransient).

Senior citizen independent or assisted living apartment buildings.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permitted accessory uses.

One private attached or detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises occupied by single-family and two-family dwellings. One private detached garage or carport for each dwelling on premises for each dwelling in a multiple-family dwellings for the parking of automobiles or storage of property belonging to the residents occupying the dwellings. Garages and carports shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback in compliance with the setback requirements specified in this chapter.

Gardens for growing produce, herbs and/or flowers for the exclusive consumption by or use of the occupants of the dwellings on the parcel.

Yard sales, provided that not more than three such sales shall occur during one calendar year, and that the duration of each such sale not exceed three consecutive days.

Off-street parking, fencing and signs in accordance with the provisions of this chapter.

Home occupations (as an accessory use only).

Family day care and group family dare care.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).

Home businesses: Class A (as an accessory use only).

Bed-and-breakfast inns (as an accessory use only).

Places of worship.

Funeral homes.

Adult and child day-care centers.

Libraries and museums.

Private schools and preschools.

Essential services and utilities.

Specifications for all single-family and two-family dwellings.

Single-family dwellings.

Requirements.

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 10 feet each.

Rear: 25 feet.

Minimum lot width: 70 feet.

Minimum lot size: 10,000 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 30%.

Minimum green space: 50%.

Exceptions.

For corner lots, there shall be a yard of not less than 12 feet in width along the side lot line adjacent to the side street and extending from the front right-of-way line to the rear line of the lot.

Requirements for two-family dwellings:

Minimum setbacks:

Front: 30 feet (measured from right-of-way line).

Side: 10 feet on one side and 20 feet on the other side.

Rear: 25 feet.

Minimum lot width: 100 feet.

Minimum lot size: 14,520 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 30%.

Minimum green space: 50%.

Specifications for nontransient multiple-family dwellings and senior citizen independent living and assisted living apartments.

Requirements for nontransient multiple-family dwellings:

Minimum setbacks:

Front: 50 feet (measured from right-of-way line).

Side: 15 feet on one side and 20 feet on the other side

Rear: 30 feet.

Minimum lot width: 130 feet.

Minimum lot size: 21,780 square feet (no more than nine dwellings per acre).

Maximum building height: 40 feet.

Maximum building coverage: 30%.

Maximum green space: 50%.

Requirements for senior citizen independent/assisted living apartment buildings:

Minimum setbacks:

Front: 50 feet (measured from right-of-way line).

Side: 20 feet each.

Rear: 30 feet.

Minimum lot width: 100 feet.

Minimum lot size: 3,500 square feet per dwelling (no more than 12.5 dwellings per acre).

Maximum building height: 40 feet.

Maximum building coverage: 30%.

§ 254-28 CBD Central Business District.

Maximum green space: 50%.

Purpose. The purpose of the CBD Central Business District is to provide for concentration of principally retail and personal service businesses within short walking distance of each other to serve the needs of area residents.

Permitted uses.

Retail sales establishments, including, but not limited to, the following:

Stores selling groceries, meats, baked goods, and other such food items.

Drug stores.

Stationery, tobacco and newspaper stores and confectionery stores.

Clothing, millinery and shoe stores.

General merchandise and variety stores and specialty shops.

Hardware, appliance, computer, radio and television sales and service.

Furniture sales and furniture rental stores.

Convenience stores without gasoline sales.

Personal service establishments, including, but not be limited to, the following:

Barbershops and beauty shops, tanning salons and spas.

Shoe repair and fix-it shops/tailor shops.

Dry cleaners, laundries and laundromats.

Hospitality businesses, including, but not limited to, the following:

Hotels and motels.

Restaurants, coffee shops, luncheonettes, and ice cream shops.

Taverns and night clubs with or without entertainment.

Business and professional offices, including, but not limited to, the following:

Physician, dentist, chiropractor, psychologist and counselor offices.

Medical clinics and laboratories.

Real estate offices.

Travel agency offices.

Accounting and tax return preparation offices.

Attorney offices.

Architects, engineers and consultants offices.

Indoor recreational, fitness and entertainment businesses, including, but not limited to, the following:

Dance halls.

Assembly halls, theaters, and movie theaters, excluding drive-in theaters.

Bowling alleys and billiard halls.

Exercise and fitness clubs, dance and martial arts studios.

Custom printing and photocopying shops.

Custom shops, including, but not limited to, printing, woodworking, furniture restoration, reupholstering, and electrical, plumbing and heating system components, fabrication and sales.

[Amended 11-26-2012 by L.L. No. 4-2012]

Electrical, heating, plumbing sales and service.

Assembling, converting, altering, finishing, cleaning, or any other processing of products, provided that:

Goods so produced or processed are to be sold at retail, exclusively on the premises;

Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;

Not more than two persons shall be engaged in such production/processing at any one time.

Machine tool sales, rental or service.

Business service establishments, including, but not limited to, accounting, computer services and repairs, and consulting.

Banks, credit unions, mortgage company offices and similar financial businesses.

Bus stations and taxi cab stations.

Places of worship.

Libraries.

Civic and social clubs/membership clubs and lodges.

Governmental office and services buildings.

(18)

Fire halls and ambulance buildings.

(19)

Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

Permitted accessory uses.

Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter.

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.

Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses to hotels or motels. With the exception of an identifying sign for the restaurant, no external evidence of such internal commercial activities is permitted.

Other accessory business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above. Accessory furnace buildings are prohibited.

Uses requiring a special permit issued by the Village Planning Board (Subject to special permit use regulations, Article VII).

Drive-in business.

Essential services.

Motor vehicle, boat, and recreational vehicle sales and rentals.

Motor vehicle repair and motor vehicle service shops.

Pinball and video arcades.

Gasoline stations or convenience stores with gasoline sales (with underground fuel storage tanks only).

Off-street parking lots as an accessory use.

Residential dwelling units.

[Added 3-14-2007 by L.L. No. 2-2007]

Wineries, microbreweries, distilleries, cideries and meaderies.

[Added 6-23-2014 by L.L. No. 4-2014]

Other provisions and requirements.

Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.

Refuse containers. Commercial structures shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or stone areas and visually screened and shall provide rodent control.

Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residential district.

Off-street parking, loading and unloading facilities shall be subject to the provisions of §§ 254-40 and 254-41 of this chapter.

Signs shall be subject to the requirements of § 254-39 of Article VI of this chapter.

Specifications.

Minimum setback requirements for permitted uses:

Front: none.

Side: none.

Rear: none.

Maximum building height: 50 feet.

Minimum lot width: none.

Minimum lot size: none.

Maximum building coverage: 85%.

Minimum green space: none.

§ 254-29 GB General Business District.

Purpose. The purpose of the GB General Business District is to provide for retail and personal service business uses in areas that are more remotely located from residential neighborhoods, that are less accessible by foot and that are not in close walking distance of each other.

Permitted uses.

Preexisting single-family and preexisting two-family dwellings. The construction of new buildings designed exclusively for residential use is prohibited. Structures used exclusively for one-family and two-family residential use at the time of the enactment of this chapter may be altered or enlarged subject to the provisions of the R-2 District.

Retail sales establishments, including, but not limited to, the following:

Stores selling groceries, meats, baked goods, and other such food items.

Drugstores.

Stationery, tobacco and newspaper stores and confectionery stores.

Clothing, millinery and shoe stores.

General merchandise and variety stores and specialty shops.

Hardware, appliance, computer, radio and television sales and service.

Furniture sales and furniture rental stores.

Personal service establishments, including, but not be limited to, the following:

Barbershops and beauty shops, tanning salons and spas.

Shoe repair and fix-it shops/tailor shops.

Dry cleaners, laundries and laundromats.

Hospitality businesses, including, but not limited, to the following:

Hotels and motels.

Restaurants, coffee shops, luncheonettes, and ice cream stores without drive-in facilities.

Taverns and night clubs with entertainment.

Business and professional offices, including, but not limited to, the following:

Physician, dentist, chiropractor, psychologist and counselor offices.

Real estate offices.

Travel agency offices.

Accounting and tax return preparation offices.

Attorney offices.

Architect, engineer and consultant offices.

Indoor recreational, fitness and entertainment businesses, including, but not limited to, the following:

Dance halls.

Assembly halls and theaters, excluding drive-in theaters.

Bowling alleys and billiard halls.

Exercise and fitness clubs, dance and martial arts studios.

Custom printing and photocopying shops.

Custom shops, including, but not limited to, printing, electrical, heating, plumbing, or woodworking.

Building supply and farm equipment stores.

Electrical, heating, plumbing or woodworking sales and services.

Wholesale establishments, provided that all sales activities are conducted in a completely enclosed building.

Commercial greenhouses or nurseries.

Assembling, converting, altering, finishing, cleaning, or any other processing of products, provided that:

Goods so produced or processed are to be sold at retail, exclusively on the premises;

Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;

Not more than two persons shall be engaged in such production/processing at any one time.

Machine tool sales, rental or service.

Commercial storage buildings providing space for rent.

Business service establishments, including, but not limited to, accounting, computer services and repairs, and consulting.

Banks, credit unions, mortgage company offices and similar financial businesses.[1]

Editor's Note: Original Sec. 505B(18), Veterinary animal clinics or offices with interior operations only, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(18)

Bus stations and taxi cab stations.

(19)

Medical clinics and medical laboratories for humans only.

(20)

Hospitals and convalescent and nursing homes.

(21)

Funeral homes.

(22)

Motor vehicle, boat and recreational vehicle sales and rental.

(23)

Motor vehicle repair and motor vehicle service shops.

(24)

Farm supplies and/or farm equipment sales.

(25)

Places of worship.

(26)

Governmental offices and service buildings, fire halls and ambulance buildings, libraries.

(27)

Civic and social clubs/membership clubs and lodges.

(28)

Drive-in businesses (excluding gasoline sales).

(29)

Livestock feed stores/feed mills.

(30)

Adult and child day-care centers.

(31)

Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above. Accessory furnace buildings are prohibited.

Permitted accessory uses.

One private attached or detached garage or carport with a maximum capacity of 800 square feet for the parking of automobiles or storage of property belonging to residents on the premises occupied by single-family and two-family dwellings. One private detached garage or carport for each dwelling on premises for each dwelling in a multiple-family dwellings for the parking of automobiles or storage of property belonging to the residents occupying the dwellings. Garages and carports shall be located to the rear of the front building line of the principal building and may be located in a side yard with a minimum side yard setback in compliance with the setback requirements specified in this chapter.

Gardens for growing produce, herbs and/or flowers for the exclusive consumption by or use of the occupants of the dwellings on the parcel.

Yard sales, provided that not more than three such sales shall occur during one calendar year and that the duration of each such sale not exceed three consecutive days.

Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter.

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.

Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses to hotels and motels. With the exception of an identifying sign for the restaurant, no external evidence of such internal commercial activities is permitted.

Family day care and group family day care (in preexisting residential dwellings).

Home occupations and Class A and Class B home businesses (in preexisting single-family residential dwellings).

Other accessory business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

Uses requiring a special permit issued by the Village Planning Board. (Subject to special permit use regulations, Article VII).

Bed-and-breakfast inns (in preexisting single-family residential dwellings only).

Outdoor recreational businesses, including, but not limited to, miniature golf course, golf driving ranges, tennis courts, volleyball courts, but excluding the use of motorized vehicles.

Essential services.

Pinball and video arcades.

Gasoline stations/convenience store with gasoline sales (with underground fuel storage tanks only).

Veterinarian offices/animal hospitals with indoor facilities only.

Drive-in businesses.

[Added 5-10-2010 by L.L. No. 3-2010]

Wineries, microbreweries, distilleries, cideries and meaderies.

[Added 6-23-2014 by L.L. No. 4-2014]

Other provisions and requirements.

Off-street parking, loading and unloading facilities shall be subject to the provisions of this chapter.

Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.

Refuse containers. Commercial structures shall provide a commercial type refuse container on site. Such containers shall be placed on concrete or stone areas and visually screened and shall provide rodent control.

Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residential district.

Signs shall be subject to the requirements of § 254-39 of Article VI of this chapter.

Specifications.

Business and other nonresidential uses. The minimum dimensional requirements for lot size, lot width and lot line setback vary according to the type of use and are set forth in the Dimensional Requirements Table[2] attached hereto and in the special use permit criteria.

Editor's Note: Said table is included as an attachment to this chapter.

Residential uses: limited to alterations or expansion of preexisting residential dwellings:

Requirements:

Minimum setbacks:

Front: 30 feet.

Side: 6 feet on one side and 12 feet on the other side.

Rear: 25 feet.

Minimum lot width: 66 feet.

Minimum lot size: 8,000 square feet.

Maximum building height: 35 feet.

Maximum building coverage: 85%.

[Amended 5-10-2010 by L.L. No. 3-2010]

Minimum green space: 50%.

Exceptions.

Where a lot has, at the time of the enactment of this chapter, a width of less than 66 feet, the side yard requirements for single-family dwellings shall be modified in proportion of the lot width to the required lot width so that one side yard shall have a width of not less than four feet and the other side yard shall have a width of not less than eight feet.

§ 254-30 LI Light Industrial District.

Purpose. The purpose of the LI Light Industrial District is to provide for light manufacturing, assembly, fabrication and storage facilities that do not produce excessive noise, noxious odors or dust that would be detrimental or hazardous to the surrounding community.

Permitted uses.

Any use of an industrial or agri-industrial nature is permitted which involves only the processing, assembly, or packaging of previously manufactured, prepared or refined materials or components, provided that at no time will such use result in or cause:

Dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare or vibration shall not be discernible beyond the property lines of the industry.

Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the uses.

The following industrial uses are indicative of those that are intended to be permitted:

Scientific or research laboratories devoted to research, design and/or experimentation.

Administration, educational and other related activities and facilities in conjunction with a permitted use.

The manufacture or assembly of electric, electronic, optical or photographic instruments and devices.

Light manufacturing, assembly, fabrication or packaging of products from previously prepared materials and/or previously manufactured components, such as cloth, plastic, paper, cardboard, leather or precious or semiprecious metals or stones.

Precision machining and tool and die manufacturing.

Custom shops, including, but not limited to, printing, electrical, heating, plumbing, woodworking, machining, welding and/or metal fabrication, metal finishing, painting and/or polishing.

The manufacture, assembly or packaging of pharmaceuticals, medical supplies, medical devices or cosmetics.

The warehousing or storage of goods and products, such as building supplies and materials, farm supplies, fruits and produce and the like, which may be sold from the premises to the general public. The bulk storage of fuel, petroleum products, nuclear or radioactive products and toxic chemicals is explicitly prohibited.

Administrative and support offices for insurance companies, banks, telemarketing centers, catalog-order call centers and similar types of businesses.

Newspaper and book printers.

(k)

Industrial laundries.

(l)

Self-service storage facilities.

(m)

Motor vehicle repair shops and farm equipment sales and repair shops.

(n)

Commercial greenhouses and farm and garden supply stores.

(o)

Farm equipment sales and service.

(p)

Food processing, canning and/or packaging, commercial bakeries (see exceptions under prohibited uses below).

(q)

Storage and/or retail sale of domestic or commercial liquid or gaseous fuels with aboveground or underground storage tanks.

(r)

Wineries, microbreweries, distilleries, cideries and meaderies.

[Added 6-23-2014 by L.L. No. 4-2014[1]]

Editor’s Note: This local law also redesignated former Subsection B(2)(r) as Subsection B(2)(s).

(s)

Other light industrial uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

Permitted accessory uses.

Private garages and storage buildings that are necessary to store any vehicle, equipment, component or material on the premises, and which are in conjunction with a permitted use.

Administrative offices in conjunction with a permitted use.

Uses requiring a special use permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).

Adult entertainment uses (in overlay the A Adult Entertainment Business Overlay District only).

Private schools and preschools.[2]

Editor's Note: Original Sec. 506D(3), Libraries and museums, which immediately followed this subsection, was deleted 5-10-2010 by L.L. No. 3-2010.

Essential services.

Provisions and requirements.

Residential uses shall be prohibited except for a caretaker's residence on site.

All manufacturing, assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.

Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.

The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.

All uses permitted shall set aside not less than 20% of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping. This area shall be used for no other purposes. This area shall not be used for industrial, storage, or commercial purposes.

Industrial structures and outdoor storage areas shall be located a minimum of 75 feet from any nonindustrial district. A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.

Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 30 feet from any other property line. Off-street parking and off-street loading facilities shall be subject to the additional provisions of §§ 254-40 and 254-41 of this chapter.

Specifications.

Requirements:

Minimum setbacks:

Front: 50 feet (measured from right-of-way line).

Side: 50 feet.

Rear: 50 feet.

Maximum building height: 35 feet.

Minimum lot width: 150 feet.

Minimum lot size: one acre.

Maximum building coverage: 85%.

Minimum green space: none.

Exceptions.

Light industrial uses abutting a residential district shall have a setback from the residential district boundary line of not less than 50 feet. No parking lot or accessory facilities may be constructed in the setback area.

Prohibited uses.

Acetylene gas manufacture.

Oxygen manufacture.

Celluloid manufacture.

Disinfectant or insecticide manufacture.

Asphalt manufacture or refining.

Coal, tar or petroleum distillation or processing, including manufacture or treatment.

Boiler making.

Steel furnace manufacture.

Blooming or rolling mill.

Soap and detergent manufacture.

Chlorine or hydrochloric, nitric, picric or sulfuric manufacture or the manufacture of other hazardous or pesticides.

Smelting of copper, tin, zinc, lead, bauxite or iron ores.

Manufacture of fertilizers or explosives or the storage of explosives in bulk.

Glue, size or gelatin manufacture where the process includes the refining or recovery of products from fish or animal refuse or offal.

Processing or packaging of fish, meat, dairy products or fermented foods.

Rendering of fats and oils.

Slaughterhouses.

Food processing.

Foundries.

Forging and stamping plants.

(21)

Heavy equipment manufacturing.

(22)

Junkyard/auto wrecking/auto dismantling.

§ 254-31 I Industrial District.

Purpose. The purpose of the I Industrial District is to provide for manufacturing, assembly and storage facilities of a larger scale nature than is permitted in the Light Industrial District and to ensure that these uses will not be detrimental or hazardous to the surrounding community.

Permitted uses.

Dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare or vibration shall not be discernable beyond the property lines of the industry.

Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the uses.

The following industrial uses are indicative of those that are intended to be permitted:

Scientific or research laboratories devoted to research, design and/or experimentation.

Administration, educational and other related activities and facilities in conjunction with a permitted use.

The manufacture or assembly of electric, electronic, optical or photographic instruments and devices.

Precision machining and tool and die manufacturing.

Custom shops, including, but not limited to, printing, electrical, heating, plumbing, woodworking, machining, welding and/or metal fabrication, metal finishing, painting and/or polishing.

The manufacture, assembly or packaging of pharmaceuticals, medical supplies, medical devices or cosmetics.

The warehousing or storage of goods and products such as building supplies and materials, farm supplies, fruits and produce, and the like, which may be sold from the premises to the general public. The bulk storage of fuel, petroleum products, nuclear or radioactive products and toxic chemicals is explicitly prohibited.

Administrative and support offices for insurance companies, banks, telemarketing centers, catalog-order call centers, and similar types of businesses.

Newspaper and book printers.

(k)

Industrial laundries.

(l)

Self-service storage facilities.

(m)

Motor vehicle repair shops and farm equipment sales and repair shops.

(n)

Commercial greenhouses and farm and garden supply stores.

(o)

Farm equipment sales and service.

(p)

Food processing, canning and/or packaging, commercial bakeries (see exceptions under prohibited uses below).

(q)

Storage and/or retail sale of domestic or commercial liquid or gaseous fuels with aboveground or underground storage tanks.

(r)

Wineries, microbreweries, distilleries, cideries and meaderies.

[Added 6-23-2014 by L.L. No. 4-2014[1]]

Editor’s Note: This local law also redesignated former Subsection B(2)(r) as Subsection B(2)(s).

(s)

Other light industrial uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

Permitted accessory uses.

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.

Off-street parking, loading and unloading facilities and signs, fences and landscaping subject to the provisions of this chapter.

Other industrial or commercial uses that, in the opinion of the Zoning Board of Appeals, are incidental to those permitted above.

Uses requiring a special use permit issued by the Village Planning Board. (Subject to special use regulations, Article VII.)

Telecommunications facilities.

Storage and sale of domestic or commercial fuels such as propane and fuel oil.

Forges/manufacturing involving the stamping or extrusion of materials.

Heavy equipment manufacturing.

Outdoor storage yards (as an accessory use only).

Trucking and freight terminals/delivery service distribution terminals.

Classrooms and educational facilities, occupancies and uses for courses above the 12th grade.

[Added 5-11-2004 by L.L. No. 4-2004]

Signs shall be permitted pursuant to the regulations in § 254-39 of this chapter.

Essential services.

[Added 5-10-2010 by L.L. No. 3-2010]

Provisions and requirements.

Residential uses shall be prohibited except for a caretaker's residence on site.

All manufacturing, assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.

Specifications.

Requirements:

Minimum setbacks:

Front: 50 feet (from the right-of-way line).

Side: 50 feet each.

Rear: 50 feet.

Maximum building height: 50 feet (see exceptions below).

Minimum lot width: 150 feet.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Minimum lot size: one acre.

Maximum building coverage: 85%.

Minimum green space: none.

Exceptions.

Chimneys, water tanks and towers, elevators, silos, ventilators and other accessory industrial facilities are exempt from the fifty-foot height restriction.

Industrial uses abutting a residential district shall have a setback from the residential district boundary line of not less 50 feet. No parking lot or accessory facilities may be constructed in the setback area.

Prohibited uses.

Acetylene gas manufacture.

Oxygen manufacture.

Celluloid manufacture.

Disinfectant or insecticide manufacture.

Asphalt manufacture or refining.

Coal, tar or petroleum distillation or processing, including manufacture or treatment.

Boiler making.

Steel furnace manufacture.

Blooming or rolling mill.

Soap and detergent manufacture.

Chlorine or hydrochloric, nitric, picric or sulfuric manufacture or other hazardous chemicals or materials.

Smelting of copper, tin, zinc, lead, bauxite or iron ores.

Manufacture of fertilizers or explosives or the storage of explosives in bulk.

Glue, size or gelatin manufacture where the process includes the refining or recovery of products from fish or animal refuse or offal.

Processing or packaging of fish, meat, dairy products or fermented foods.

Rendering of fats and oils.

§ 254-32 PRD Planned Residential Development District.

Slaughterhouses.

[Amended 9-25-2017 by L.L. No. 7-2017]

Purpose. The purpose of the PRD Planned Residential Development District is to accommodate, in appropriate locations in the Village, multifamily, two-family and compact single-family residential dwellings intermixed in new residential developments that are innovatively designed and laid out and to accommodate development and to repurpose existing structures for new residential uses.

Location. The Village Board of Trustees may approve rezoning to PRD Planned Residential District a parcel or group of parcels located in the AR Agricultural Residential and the R-1 Single-Family Residential Districts.

Petition for rezoning.

Petition. The owners of the subject property, or their duly appointed representatives, shall petition the Village Board of Trustees for rezoning of the subject property(ies) to the PRD Planned Residential Development District by submitting five copies of such petition to the Zoning Enforcement Officer. The petition shall be accompanied by a preliminary site plan prepared in accordance with Article X of this chapter.

Referral to the Village Planning Board. Upon receipt of the five copies of a complete petition and preliminary site plan, such petition and preliminary site plan shall be referred to the Village Planning Board for review and recommendation in accordance with the provisions of § 254-10 of this chapter.

Village Planning Board recommendation. The Village Planning Board may, in its report to the Village Board of Trustees, recommend approval, conditional approval or disapproval of the rezoning and establishment of the PRD Planned Residential Development District.

Recommendation for approval. If the recommendation of the Village Planning Board is for approval, the Village Planning Board shall state therein how the proposed zoning amendment and development complies with the intent and objectives of the Village's Comprehensive Plan and whether or not adequate utility facilities and services exist or are proposed to be constructed to serve the proposed development.

Recommendation for conditional approval. If the Village Planning Board recommends conditional approval contingent on certain conditions being met to protect the public health, safety, welfare and environment and to carry out the intent of the Comprehensive Plan, the Village Planning Board shall enumerate said conditions in its recommendation.

Recommendation for denial. If the Village Planning Board recommends denial, such report shall state clearly the reason(s) for such recommendation and, if appropriate, identify what modifications the petitioner could make to the proposed development project for the Village Planning Board to issue a report recommending approval.

Enactment of zoning amendment. After complying with the public hearing requirements, the State Environmental Quality Review (SEQR) regulation requirements and referral of the proposal to the county Planning Board, if required as set forth in § 254-96 of Article VIII of this chapter, the Village Board of Trustees may enact a local law to approve the rezoning of the subject property(ies) conditioned on the subsequent final site plan approval by the Village Planning Board.

Permitted principal uses - new construction.

Multifamily structures consisting of townhouses, apartments, garden apartments or similar residential uses. All types of ownership arrangements may be permitted, including condominium or other ownership structures that involve both private and common ownership of land, structures and interior space.

Compact single-family dwellings.

Compact two-family dwellings.

General requirements.

Density of development.

The permitted maximum residential density for multifamily dwellings shall not exceed eight dwelling units per acre.

The Planning Board may approve a site plan for a portion of the total planned residential development which includes areas of higher residential density than the permitted maximum, provided that the overall density for the entire parcel would not be increased beyond the specified maximum.

Minimum and maximum parcel size. The minimum parcel size for a planned residential development shall be five contiguous acres, the maximum size shall be 50 contiguous acres.

Frontage. The property must contain at least 66 feet of road frontage.

Services and utilities.

The property shall be served by or proposed to be served by both public water and public sewer services. All sewage and water facilities shall comply with all applicable state, county and Village standards and shall be approved by the same prior to the issuance of a building permit.

All utilities (sewer, water, electric, natural gas, cable television, etc.) shall be provided to the dwellings below grade (underground).

Landscaping and buffer areas. There shall be provided proper landscaping for screening from adjacent properties and public streets and roads.

Maintenance of common areas. Where land, structures or interior space is proposed to be owned in common by the owners of the individual residences, adequate provisions shall be made in advance of site plan approval for the continued maintenance of such common areas. All required legal agreements and approvals shall be in place before final site plan approval.

Requirements and specifications for multifamily dwellings.

Setbacks.

	Front Yard (from ROW) (feet)	Side Yard (feet)	Rear Yard (feet)
Principal buildings	30	15	30
Accessory buildings	30	10	10

NOTE:

Every multifamily building shall have a minimum setback of 30 feet from every access road, internal road and parking area.

Maximum building height shall be 35 feet and 2 1/2 stories.

Minimum distance between multifamily buildings shall be 50 feet.

Apartment buildings shall contain no more than eight dwelling units.

Townhouse buildings shall contain no more than six dwelling units.

Minimum habitable floor area requirements.

Townhouse dwelling unit:

One or two bedrooms: 850 square feet.

Three or more bedrooms: 1,000 square feet.

Apartment dwelling unit:

Efficiency: 550 square feet.

One or two bedrooms: 750 square feet.

Three or more bedrooms: 1,000 square feet.

Unit distribution.

No more than 30% of the dwellings in a multifamily development shall be efficiency units.

No more than 20% of the dwelling units in a multifamily development shall be three or more bedroom units.

Recreation and open space. One area equal to a minimum of 20% of the total lot area of the multifamily development shall be designated as a recreational area to be used in common by all residents of the multifamily development. Such recreational area shall be in addition to the required setbacks, parking areas, streets, roads and rights-of-way as otherwise required by this chapter.

Access.

Access to the development shall be through a sixty-six-foot-wide right-of-way dedicated to the Village of Medina or a sixty-six-foot-wide portion of the multifamily parcel leading to a public road.

The access road and any internal roads shall be constructed to the standards for dedicated roads in the Village of Medina. Pavement shall be 20 feet wide for both the access road and all internal roads in the development.

Every exterior wall of a townhouse building must be constructed with two lateral offsets of at least two feet, with each offset no closer than 20 feet to the end of the building.

All stairways to the second story must be located internally within the building and not exposed to ambient weather conditions.

Each dwelling unit must have a storage area within the unit or in the same building of at least 40 square feet and not less than four feet wide at the smallest dimension.

Space shall be provided for safe and sanitary storage of solid waste and refuse. It shall be screened from view of the residents of the buildings on the parcel and from adjoining parcels, but easily accessible to residents of the buildings.

Requirements and specifications for single-family and two-family residential dwellings.

Size of house lot, dwelling and required setbacks.

Minimum lot size:

For a single-family dwelling: 7,200 square feet.

For a two-family dwelling: 10,000 square feet.

Minimum lot width: 60 feet.

Minimum depth of lot: 80 feet.

Maximum lot coverage by a dwelling and all appurtenant structures shall not exceed 25% of the lot area.

The minimum floor area of a dwelling, exclusive of any accessory structure, shall be 575 square feet.

Front yard setback: 20 feet (from the right-of-way line).

Side yard setback: 12 feet.

Rear yard setback: 15 feet.

Setback from adjacent zoning district boundaries: 60 feet.

Streets, roads, parking and drainage.

All access roads to the compact single-family residential development shall have a pavement width of at least 20 feet, with five-foot shoulders on each side.

All internal streets shall have a pavement width of at least 20 feet, with two-foot shoulders on each side. All streets and roads shall be paved with blacktop or its equivalent. All streets and roads shall be properly maintained.

Each house lot shall have provided an off-street parking area of at least 400 square feet paved with blacktop. In addition, there shall be provided a paved common parking area for the parking of guests and accessory vehicles.

No unlicensed or unregistered motor vehicles, recreational vehicles, sport vehicles or parts thereof, junk of any nature or description shall be parked or stored outdoors within the development.

There shall be adequate drainage to handle runoff of stormwaters from streets, roads and lots. Such drainage shall not adversely affect adjacent land owners. All drainage plans shall be prepared by a licensed engineer.

Recreation areas and open space. There shall be provided designated recreational areas of at least 200 square feet for each house lot, and in no event, less than 5,000 square feet. Such recreational areas shall not include required yards, roads, streets or parking areas.

Accessory buildings. Each house lot shall have one accessory building, which may be preconstructed, not exceeding 100 square feet. Each accessory building shall be anchored down to a permanent foundation and shall be located no closer than 10 feet to the side or rear lot lines and to the rear of the front building line of the principal structure.

Flooding. No house lot shall occupy an area that is subject to periodic flooding from water from flows from any adjacent streams, waterways, drainage swales, or drainage areas and no lot shall be designed so as to collect or hold standing waters.

One service structure is permitted for each development. The uses proposed for such structure shall be specified in the application for rezoning and approved by the Village Board of Trustees. Such structure shall be intended primarily to serve residents of the compact residential development. The parking, setback requirements, etc., shall conform to the requirements specified in this chapter for the particular use.

Permitted principal uses - existing buildings.

Conversion of existing structures to multifamily structures. All types of ownership arrangements may be permitted, including condominium or other ownership structures that involve both private and common ownership of land, structures and interior space.

General requirements.

Services and utilities.

The property shall be served by or proposed to be served by both public water and public sewer services. All water and sewage facilities shall comply with all applicable state, county and Village standards and shall be approved by the same prior to the issuance of a building permit.

All utilities (water, sewer, electric, natural gas, cable television, etc.) shall be provided to the development below grade (underground) wherever possible.

Landscaping and buffer areas. If necessary, as determined by the Village of Medina Planning Board, there shall be provided proper landscaping for screening from adjacent properties and public streets and roads.

Maintenance and common areas. Where land, structures or interior space is proposed to be owned in common by the owners of the individual residences, adequate provisions shall be made in advance of site plan approval for the continued maintenance of such common areas. All required legal agreements and approvals shall be in place before final site plan approval.

Requirements and specifications for dwelling units.

Minimum habitable floor area requirements for townhouse dwelling units:

One- or two-bedroom units: 850 square feet.

Three or more bedroom units: 1,000 square feet.

Minimum floor area requirements for apartment dwelling units:

Efficiency units: 550 square feet.

One- or two-bedroom units: 750 square feet.

Three or more bedroom units: 1,000 square feet.

Unit distribution.

No more than 30% of the dwelling units in a multifamily development shall be efficiency units.

No more than 20% of the dwelling units in a multifamily development shall be three or more bedroom units.

Recreation and open space. One exterior area of the development shall be designated as a recreation area to be used in common by all residents of the multifamily development. Such recreation area shall be in addition to required parking areas.

All stairways to upper stories must be located internally within the building and not exposed to ambient weather conditions.

Each dwelling unit must have a storage area within the unit or in the same building of at least 40 square feet and not less than four feet wide at the smallest dimension.

Space shall be provided for safe and sanitary storage of solid waste and refuse. It shall be screened from view of the residents of the building on the parcel and from adjoining parcels but easily accessible to residents of the building.

All internal streets and drives shall have a pavement width of at least 20 feet, with two-foot shoulders on each side. All streets and drives shall be paved with asphalt or its equivalent. Streets and drives shall be properly maintained.

No unlicensed or unregistered motor vehicles, recreational vehicles, sport vehicles or parts thereof, junk of any nature or description shall be parked or stored outdoors within the development.

There shall be adequate drainage to accommodate runoff of stormwaters from streets, drives and parking lots. Such drainage shall not adversely affect adjacent land owners. All drainage plans shall be prepared by a licensed engineer.

§ 254-33 MR Maple Ridge Road Overlay District.

One service structure is permitted for each development. The uses proposed for such structure shall be specified in the site plan application.

Purpose. The purpose of the MR Maple Ridge Road Overlay District is to provide for superior design and aesthetics along Maple Ridge Road, a major highway bordering and serving the Village of Medina. These regulations are intended to supplement the underlying zoning regulations to provide for harmony, continuity and aesthetically pleasing development along Maple Ridge Road.

All uses require site plan approval. All principal, accessory, and special uses permitted in the underlying zoning district shall be permitted in the Maple Ridge Road Overlay District, except that all uses in the Maple Ridge Overlay District shall:

Require site plan review and approval; and

Comply with the additional requirements and provisions enumerated in this section as well as complying with all the requirements and provisions of the underlying zoning district.

General landscaping requirements.

A minimum ground area of not less than 10% of the total area to be developed shall be the landscaped area required.

The arrangements and location of a landscaped area shall be dispersed through the development site so as to prevent unsightliness and monotony of parked cars.

Landscape treatments shall be designed as an integral part of the entire development.

Vegetation shall be compatible with soil conditions on the development and the regional climate.

Existing natural features and vegetation shall be preserved and incorporated in the landscaped area. The primary emphasis shall be on preserving and integrating into the site design existing trees to the extent feasible. The preservation of existing trees shall be encouraged.

Trees shall be planted throughout the developed area at a ratio of one tree per every 10 parking spaces, with a minimum of six trees for any site. Trees may be spaced evenly or clustered. Acceptable trees shall be limited to those trees listed on the Maple Ridge Corridor District Tree List. This list is available from the office of the Village Clerk. Substitution of plant material may be approved by the Village Planning Board.

The use of plastic or other types of artificial plantings or vegetation is prohibited.

All required planting shall be maintained by the property owner in a healthy and productive condition and shall be routinely examined and replaced as necessary.

All utility services shall be underground.

Permanent outside storage or sales areas shall be screened or buffered so as to be in harmony with the building design and the appearance of the development.

Landscaping requirements for parking lots.

No less than 5% of the interior of a parking lot area designated for 10 cars or more shall be devoted to the required landscape area.

Each interior landscaped area shall be at least 100 square feet in area.

Each interior landscaped area shall be contain at least one approved tree.

Off-street loading areas, where visible from a public street, must be arranged so as to be screened from view from such public street by wooden, rock or masonry fences at least eight feet high. All refuse storage areas shall be completely surrounded by wooden, brick or masonry fences at least eight feet high.

Parking space and parking lot requirements.

There shall be at least five parking spaces for every 1,000 gross square feet of building area. The Village Planning Board may approve a reasonable reduction of the number of parking spaces required for a project if it can be demonstrated to the satisfaction of the Village Planning Board that such a reduction will not create overflow parking problems, will not adversely impact on the access roads and that the additional space not required for parking will be used for landscaping or open space within the site.

Right-angle parking is preferred. Each parking module consisting of the length of a parking space, the drive aisle and the second length of a parking space shall be a minimum of 62 feet wide. Each parking space shall be a minimum of 10 feet wide. The Village Planning Board may waive or modify the parking dimension requirements to allow angle parking.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All requirements providing for handicap parking shall be met.

Specifications.

Minimum setback requirements.

All buildings shall be set back not less than 75 feet from the street right-of-way line. This seventy-five-foot setback area shall be landscaped with grass, trees and shrubs and shall be curbed. No parking or parking lots shall be permitted in this area. Pedestrian circulation, utility facilities and accessways shall be allowed in this area.

All buildings shall be set back not less than 20 feet from the side and rear lot lines and not less than 50 feet from the lot line of any residential district.

Parking areas shall be separated from adjoining properties by a yard with a width of no less than five feet.

Minimum lot size.

No lot shall be less than one acre in size.

No lot shall have a width less than 150 feet.

Maximum building height and coverage.

No building or other structures shall exceed a height of 35 feet, except for light standards.

§ 254-34 MH Manufactured Home Parks Overlay District.

The buildings and other structures on any lot shall not cover an excess of 50% of the gross area of the lot.

The Village Planning Board may approve a special use permit for manufactured home parks in the MH Manufactured Home Park Overlay District, provided the following standards and provisions are maintained:

Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation and administration of this section:

MANUFACTURED HOME LOT

A lot within a manufactured home park for the placement of a single manufactured home and for the exclusive use of its occupants.

MANUFACTURED HOME PARK

Any site, lot, field, plot, parcel or tract of land on which two or more or group of manufactured homes are parked or located and are occupied or intended for occupancy on the premises, and for which either the said premises or manufactured home is offered to the public for a fee of any type, and includes the rental of the premises and/or the manufactured home.

MANUFACTURED HOME STAND

That part of a manufactured home lot which has been reserved for the placement of the manufactured home and appurtenant structures and/or additions.

SERVICE BUILDING

A structure housing sanitary, operational, office recreational, maintenance and other facilities within a manufactured home park.

SEWER CONNECTION

Pipes, fittings and appurtenances from the drain outlet of the manufactured home to the inlet of the corresponding sewer riser pipe of the sewer system that services the manufactured home park.

SEWER RISER PIPE

That portion of the sewer lateral which extends vertically to the ground elevation and terminates at a designated point at each manufactured home lot.

WATER CONNECTION

All pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the manufactured home.

WATER RISER PIPE

That portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point of each manufactured home lot.

WATER SERVICE PIPE

Consists of all pipes, fittings, valves and appurtenances from the water main of the manufactured home park distribution system to the water outlet of the distribution system within the manufactured home park.

General site conditions.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property of the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property or hazards.

Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

No part of any manufactured home park shall be used for nonresidential purposes, except as permitted by this section or this chapter.

Nothing contained in this section shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

Dimensional requirements for manufactured home parks:

The minimum parcel size for a manufactured home park shall be 10 acres.

All manufactured homes shall be located at least 40 feet from any manufactured home park boundary line that abuts upon a public street or highway and at least 20 feet from other manufactured home boundary lines.

There shall be a minimum distance of 15 feet between an individual manufactured home and adjoining pavement of a manufactured home park walkway, sidewalk, street or common parking area or other common areas.

All manufactured home parks shall be provided with screening, such as attractive and well-maintained fences or natural growth along the property boundary line separating the manufactured home park from adjacent uses.

Lot and area requirements.

No lot in any manufactured home park shall be less than 60 feet wide and have less than 7,200 square feet of total area, exclusive of easements and rights-of-way. No structure or manufactured home or any part thereof shall be located on any lot closer to any front lot line than 25 feet, or any side lot line than 15 feet nor to any rear lot line than 20 feet.

Tapered lots occurring along curvilinear roads and culs-de-sac shall have an average lot width of 60 feet. The "average lot width" is defined as the sum of the lengths of the front and back lot lines divided in half. In no case, however, shall the front lot width on such tapered lot be less than 35 feet. The minimum requirements for the total area and yard dimensions as hereinabove stated shall apply to such tapered lots.

Any accessory structure which covers an area exceeding 25 square feet and is attached to a manufactured home or is located within 10 feet of a window in such manufactured home and has an opaque top or roof that is higher than the nearest window shall be considered a part of the manufactured home for the purpose of determining its distance from lot lines.

Recreation areas.

In all manufactured home parks that accommodate or are designed to accommodate five or more manufactured homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.

The combined size of such recreation areas shall be based upon a minimum of 350 square feet per manufactured home lot. No outdoor recreation area shall be smaller than 5,000 square feet of area.

Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

Playground equipment shall be installed in each required recreation area.

Street system.

All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Alignment and gradient shall be properly adopted to topography.

Access to manufactured home parks shall be designed to minimize congestion and hazards at the entrances and exists and allow free movement of traffic on adjacent streets. The entrance road connecting the streets in the manufactured home park with a public street or road shall have a minimum road pavement width of 34 feet, where parking is permitted on both sides, or a minimum road pavement width of 27 feet, where parking is limited to one side. Where the primary entrance road is more than 100 feet long and does not provide access to abutting manufactured home lots within such distance, the minimum road pavement width may be 24 feet, provided parking is prohibited on both sides.

Internal surfaced roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the following minimum requirements:

All streets, except minor streets, shall have a width of 24 feet.

Minor streets with no parking shall have a width of 18 feet. This is acceptable only if the street is less than 500 feet long and serves fewer than 25 manufactured homes or of any length if the street is one-way and provides access to abutting manufactured home lots on one side only.

Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.

Street illumination. All manufactured home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average of maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

All parts of the street systems: 0.6 footcandle with a minimum of 0.1 footcandle.

Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individually illuminated with a minimum of 0.3 footcandle.

Street construction design standards.

All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surfaces and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes, and other hazards.

Grades of all streets shall be sufficient to ensure adequate surface drainage but be not more than 8%. Short runs with a maximum grade of 10% may be permitted, provided that traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.

Streets shall be at approximately right angles within 100 feet of an intersection. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.

Off-street parking.

Off-street parking areas shall be provided in all manufactured home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least 1 1/4 parking spaces for each manufactured home lot.

Required parking spaces shall be so located as to provide convenient access to the manufactured home, but shall not exceed a distance of 200 feet from the manufactured home that it is intended to serve.

Each manufactured home lot shall have not less than two off-street parking spaces. Such parking spaces shall be connected to the entrance of the manufactured home by a paved sidewalk having a minimum width of 36 inches.

Walkways.

All manufactured home parks shall be provided with safe, convenient, all-season, dust-free pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured park homes, the streets and all community facilities provided for the residents of the manufactured home park. Sudden changes in alignment and gradient shall be avoided.

A common walk system separated from the road system by a minimum of two feet shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of 3 1/2 feet.

All manufactured home lots shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.

Landscaping. Trees and shrubs shall be provided along all walks and streets, around recreation areas and along the outer property line of the manufactured home park. Trees shall be planted at an interval of not less than 50 feet where feasible.

Manufactured home stands. The area of the manufactured home stand shall be improved to provide adequate foundation for the placement and tie-down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation or overturning.

The manufactured home stand shall not heave, shift or settle unevenly under the weight of the manufactured home or due to frost action, inadequate drainage, vibration, or other forces acting on the superstructure. The manufactured home stand shall be either drilled piers, trench footers or concrete slabs in accordance with the specifications hereinafter set forth:

Such drilled piers shall be constructed of cast-in-place concrete having a minimum load-carrying capacity of 3,000 pounds per square inch; be a diameter of not less than 12 inches; be a depth of not less than 42 inches; and be spaced at intervals of not more than eight feet and centered on the manufactured home rails.

Such trench footers shall be constructed of cast-in-place concrete having a load-carrying capacity of not less than 3,000 pounds per square inch; be a width of not less than 16 inches; be a depth of not less than 42 inches and be spaced at intervals of not more than eight feet and be of sufficient length to accommodated the width of the manufactured home rails.

Such concrete slabs shall be constructed of cast-in-place concrete having a thickness of not less than six inches and shall be placed on top of cast-in-place concrete footer constructed along the entire perimeter of the concrete slab and shall have a width of not less than 12 inches and a below-grade depth of not less than 42 inches.

The manufactured home stand shall be provided with anchors and tie-downs such as cast-in-place "dead men," eyelets imbedded in concrete foundations or runways, sore augurs, arrowhead anchors or other devices to secure the stability of the manufactured home.

Anchors and tie-downs shall be placed at least at each corner of the manufactured home stand, and each shall be capable of sustaining a minimum tensile strength of 2,800 pounds.

Water supply.

An accessible, adequate, safe and potable supply of water shall be provided in each manufactured home park. Where a public water supply of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the New York State Department of Health.

Source of private water supply:

The water supply shall be capable of supplying a minimum of 150 gallons per day per manufactured home.

Every well or suction line of the water supply system shall be located and constructed in such manner that neither underground nor surface contamination will reach the water supply from any source. The following minimum distance between wells and various sources of contamination shall be required:

	Contamination Source	Distance from Well or Suction Line (feet)
	Building sewer	50
	Septic tank	50
	Disposal field	100
	Seepage pit	100
	Dry well	50
	Cesspool	150

No well-casings, pumping machinery or suction pipes shall be placed in any pit, room or space extending below ground level nor in any room or space above the ground which is walled in or otherwise enclosed, unless such rooms, whether above or below ground, have free drainage to the surface of the ground.

The treatment of private water supply shall be in accordance with applicable New York State laws and regulations.

Storage facilities. All water storage reservoirs shall be covered watertight and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers so as to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap.

Distribution system.

The water supply system of the manufactured home park shall be connected by pipes to all manufactured homes, buildings and other facilities requiring water.

All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the health authority.

The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back siphonage.

The system shall be designed and maintained as to provide a pressure of not less than 20 pounds per square inch under normal operating conditions at service buildings and other locations requiring potable water.

Water risers.

Individual water riser pipes shall be located within the confined area of the manufactured home stand at a point where the water connection will approximate a vertical position.

Water riser pipes shall extend at least four inches above the ground elevation. The inside pipe diameter shall be at least 3/4 of an inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.

A shutoff valve below the frost line shall be provided near the water pipe riser on each manufactured home lot.

Underground stop and waste valves shall not be installed on any water service.

Sewage disposal.

An adequate and safe sewage system shall be provided in all manufactured home parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.

All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade which will ensure a velocity of two feet per second when flowing. All sewer lines shall be constructed of materials approved by the New York State Health Department, shall be adequately vented and shall have watertight joints.

Sewer connections.

Each manufactured home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the manufactured home drain outlet will approximate a vertical position.

The sewer connection shall have a normal inside diameter of at least three inches, and the slope of any portion thereof shall be at least 1/4 inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight.

All materials used for sewer connections shall be semi-rigid, corrosive-resistant, nonabsorbent and durable. The inner surface shall be smooth.

Provision shall be made for plugging the sewer riser pipe when a manufactured home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above the ground elevation.

Treatment and discharge. Where the sewer lines of the manufactured home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the New York State Health Department prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of New York State, except with prior approval of the New York State Department of Health.

Electrical distribution.

General. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with codes and regulations governing such systems.

Power distribution lines.

Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any manufactured home, service building or other structure.

All direct-burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one foot of radial distance from water, sewer, gas or communication lines.

Electrical connections.

Each manufactured home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes.

Outlet receptacles at each manufactured home stand shall be located not more than 25 feet from the overcurrent protective devices in the manufactured home, and a three-hole, four-wire grounding type shall be used. Receptacles shall be of weatherproof construction, and configurations shall be in accordance with American Standard Outlet Receptacle C-73.1.

The manufactured home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug.

Where the calculated load of the manufactured home is more than 50 amperes, either a second outlet receptacle shall be installed.

Grounding. All exposed non-current-carrying metal parts of manufactured homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for manufactured homes or other equipment.

Community service facilities.

The requirements of this subsection shall apply to service buildings, recreation buildings and other community service facilities such as:

Management offices, repair shops and storage areas.

Sanitary facilities.

Laundry facilities.

Indoor recreation areas.

Every manufactured home park shall be provided with the following emergency sanitary facilities: For each 100 manufactured home lots, there shall be one flush toilet, one lavatory and one shower for each sex. The building containing such emergency sanitary facilities shall be accessible to all manufactured homes. Such facilities and the structure housing the same shall be constructed and operational not later than 30 days following the occupancy of each 100 lots in any such park.

Structural requirements.

All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

All rooms containing sanitary or laundry facilities shall:

Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture-resistant material.

Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than 10% of the floor area served by them.

Have at least one window which can be easily opened or a mechanical device which will adequately ventilate the room.

[d]

Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.

Illumination levels shall be maintained as follows:

General seeing tasks: five footcandles.

Laundry room work area: 40 footcandles.

Toilet room, in front of mirrors: 40 footcandles.

Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture and cold water shall be furnished to every water closet and urinal.

Cooking shelters, barbecue pits, fireplaces and wood-burning stoves shall be so located constructed, maintained and used as to avoid fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. No refuse shall be burned at any time.

Garbage, rubbish and refuse.

The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than 150 feet from any manufactured home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.

Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the manufactured home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.

Where municipal or private disposal service is not available, the manufactured home park operator shall dispose of the refuse by transporting it to the Village disposal site.

Refuse incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the manufactured home park.

(18)

Insect and rodent control.

Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the New York State Department of Health and the Orleans County Department of Health.

Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building materials shall be stored at least one foot above the ground.

Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

(19)

Fuel supply and storage.

Natural gas system.

Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

Each manufactured home lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

Liquefied petroleum gas systems.

Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the manufactured home and shall be maintained in effective operating condition.

All liquefied petroleum gas piping outside of the manufactured home shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in manufactured homes.

Liquefied petroleum gas containers installed on a manufactured home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than 12 nor more than 60 United States gallons' gross capacity.

No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, manufactured home or any other structure, unless such installation is approved by the health authority.

Fuel oil supply systems.

All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

All piping from outside fuel storage tanks or cylinders to manufactured homes shall be permanently installed and securely fastened in place.

All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any manufactured home or less than five feet from any manufactured home exit.

Storage tanks located in areas subject to traffic shall be protected against physical damage.

(20)

Fire prevention.

The manufactured home area shall be subject to fire prevention ordinances which may be adopted by the Village.

Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.

Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other locations designated by such fire prevention authority and shall be maintained in good operating conditions.

Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.

Fire hydrants.

Fire hydrants shall be installed if the park water supply system is capable of serving them in accordance with the following requirements:

The water supply system shall permit the operation of a minimum of two one-and-one-half-inch hose streams.

Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.

Fire hydrants, if provided, shall be located within 500 feet, measured along or through roads or other open public areas, of any manufactured home, service building or other structure of the park.

(21)

Responsibilities of park management.

The person to whom a license for a manufactured home park is issued shall operate the park in compliance with this section and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

The park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section and regulations issued hereunder.

The park management shall supervise the placement of each manufactured home on its manufactured home stand, which includes securing its stability and installing all utility connections.

The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.

The park management shall notify the State Health Department immediately of any suspected communicable or contagious disease within the park.

(22)

Responsibilities of park occupants.

The park occupants shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain their manufactured home lots, facilities and equipment in good repair and in a clean and sanitary condition.

The park occupant shall be responsible for proper placement of his manufactured home on its manufactured home stand and proper installation of all utility connections in accordance with the instruction of the park management.

No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance within the limits of any manufactured home lot.

(23)

Conditions required prior to occupancy. A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home stand and connected to water, sewerage and electrical utilities.

(24)

License required. It shall be unlawful for any person to construct, alter or extend any manufactured home park within the Village of Medina or to locate a manufactured home therein without a valid license issued by the Zoning Enforcement Officer. Licenses are issued and valid for a twelve-month period, but may be renewed as provided for in this section.

(25)

Preexisting manufactured home parks. Manufactured home parks operating under a valid license issued prior to the effective date of this chapter may continue to operate under the terms of such license until the expiration of such license. Before renew of the license, such manufactured home park shall be brought into compliance with the provisions of this section.

(26)

License application requirements.

All applications for licenses or for renewal of licenses shall be submitted to the Zoning Enforcement Officer and shall contain the following:

The name and address of the applicant; if the applicant is a partnership, the names and addresses of the partners; and if the applicant is a corporation, the names and addresses of the officers and directors.

The name and address of the owner of the property.

A copy of a current lease agreement between the applicant and the owner of the property if the applicant is not the property owner.

The location and legal description of the manufactured home park.

Plans and specifications for the water supply and refuse and sewage disposal facilities to be constructed, altered or extended within the manufactured home park.

Plans and specifications for all buildings to be constructed, altered or extended within the manufactured home park.

[7]

All applications for licenses or renewals or licenses shall be accompanied by application fee which shall be set from time to time by a resolution of the Village Board of Trustees.

Upon review of the application and evidence that the manufactured home park meets the minimum requirements of the New York State Department of Health and subject to the Village Planning Board approving a special use permit, the Zoning Enforcement Officer shall issue or renew a license when a review of the application and inspection of the site demonstrates that the proposed or existing manufactured home park satisfies the requirements of this chapter and any provisions imposed by the Village Planning Board as conditions to the approval of the special use permit.

(27)

Inspections.

The Zoning Enforcement Officer is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.

The Zoning Enforcement Officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.

The Zoning Enforcement Officer shall have the power to inspect the register containing a record of all residents of the manufactured home park.

(28)

Revocation of licenses. Any license for a manufactured home park may be revoked when it is found to be in violation of the provisions of this section.[1]

Should the Zoning Enforcement Officer find a violation of any provision of this chapter or the special use permit, the Zoning Enforcement Officer shall give notice, in writing, to the licensee, that unless such violations are corrected within 10 days, the license shall be revoked.

If, at the end of the 10 days, a further inspection reveals that the violation(s) have not been corrected, the Zoning Enforcement Officer shall revoke the license and give notice of such revocation, in writing, to the licensee. Upon notice of revocation, the licensee shall cease operation of the manufactured home park.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(29)

Appeals.

Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Village Board of Trustees, provided such person shall file in the office of the Village Clerk a written petition to request such hearing and setting forth a brief statement of the grounds therefore within 10 days after the notice was served. The filing of the request for a hearing shall operates as a stay of the notice and suspension, except in the case of an order issued in accord with Subsection F of this section. Upon receipt of such petition, the Village Board of Trustees shall set a time and place for such hearing and shall give the petitioner written notice thereof.

Hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be held not later than 10 days following the day on which the petition was filed, provided that, upon application of the petitioner, the governing body may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in the judgment of the governing body, the petition has submitted good and sufficient reasons for such postponement.

§ 254-35 A Adult Entertainment Business Overlay District.

Order of the Village Board of Trustees. After such hearing, the Village Board of Trustees shall make findings as to compliance with the provisions of this section and regulations issued hereunder and shall issue an order to sustain, modify or withdraw the notice of violation, which shall be served in writing on the petitioner. Upon failure to comply with any order sustaining or modifying the notice of violation within 10 days following the service of said order, the license of the manufactured home park affected by the order shall be revoked.

(30)

Emergency conditions. Whenever the Zoning Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, the Zoning Enforcement Officer may, without notice or hearing, issue an order reciting the existence of such emergency and require that such action be taken as the Zoning Enforcement Officer may deem necessary to address or remedy the emergency, including the suspension of the license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Village Board of Trustees, shall be afforded a hearing as soon as its is practicable for the Village Board of Trustees to schedule such hearing. The provisions of Subsection A(29) of this section shall be applicable to such hearing and the order issued thereafter.

(31)

Higher standards to prevail. In any case where a provision of this section is found to be in conflict with a provision of any other ordinance or code of the Village of Medina existing on the effective date of this section, the provision which establishes the higher standard shall prevail.

An Adult Entertainment Business Overlay District is hereby established in portions of the Light Industrial District as identified on the Zoning Map. All such uses shall require a special use permit and shall comply with the provisions of Chapter 55, Adult Businesses, of the Code of the Village of Medina.

§ 254-36 WDO Waterfront Development Overlay District.

Purpose. The purpose of the WDO Waterfront Development Overlay District is to enable property owners to take advantage of the Erie Canal and Glenwood Lake as tourist generators by allowing for the development of tourist and tourist-related businesses on property that abuts or is in close proximity to the Erie Canal or Glenwood Lake.

Permitted uses.

All uses permitted in the underlying zoning district.

Public uses which depend on proximity, access and/utilization of the water, including, but not limited to, the following:

Public recreation and swimming.

Flood and erosion protection structures.

Permitted accessory uses. All accessory uses permitted by the underlying zoning district, subject to the requirements of the underlying zoning district.

Conditional uses requiring a special use permit:

Any use allowed with a special use permit in the underlying zoning district.

Hotels and motels.

Campgrounds.

Conference/resort complex.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Restaurants other than drive-in and fast food restaurants.

Boat marinas, boat rental businesses and charter boat services.

Public or semipublic tourist facilities, such as rest rooms, information centers, museums, places of public assembly.

Neighborhood businesses and professional offices that are enhanced by a waterfront location and proximity to water-dependent uses, including, but not limited to, the following:

Restaurants and eating establishments.

Sales or rental of fishing and tackle equipment.

Marina service, repair, rental and accessories.

Self-service laundries.

Other uses as determined by the Village Planning Board to be consistent with the intents and purpose of this section.

Prohibited uses. The following uses are expressly prohibited:

Amusement parks and carnivals.

Flea market sales.

§ 254-37 HP Historic Preservation District.

Motorized amusements, e.g., go-carts, motorcycles, snowmobiles, etc.

Dimensional specifications. Dimensional specifications are stated in the requirements of the underlying zoning district, unless specific requirements area included in the criteria for individual special use permit uses.

Purpose. It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks, buildings, properties and historic districts is necessary to promote the economic, cultural, educational and general welfare of the public. In as much as the identity of a people is founded on its past, and in as much as the Village of Medina has many significant landmarks, buildings and properties as well as historic, architectural and cultural resources which constitute its heritage, the purpose of this section is to preserve historic and architecturally significant structures and sites within the Village of Medina by establishing historic preservation districts and identifying historic and architecturally significant landmarks, buildings and properties in order to:

Protect and enhance landmarks, buildings and properties significant to the historic and cultural heritage of the Village of Medina.

Stabilize and improve property values.

Foster civic pride in the accomplishments of the past.

Strengthen the economy of the Village of Medina.

Promote educational and cultural opportunities for the inhabitants of the Village of Medina.

Protect and enhance historic landmarks, buildings and properties to promote tourism for the stimulus and support thereby provided to local business.

CERTIFICATE OF APPROPRIATENESS

Ensure the harmonious, orderly and efficient growth and development of the Village of Medina.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ALTERATION

Any act or process which changes one or more of the exterior architectural features or elements of a structure designated as a landmark or any structure or building in an historic preservation district.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior or party walls and a roof, affording shelter to persons, animals or property.

BUILDING PERMIT

A permit issued by the Code Enforcement Officer which is necessary before any work may be started which will occasion a material change in the use or appearance of a landmark or a structure or a site within an historic preservation district.

A document evidencing approval by the Village of Medina Planning Board of a proposal to make a material change of appearance, which document must be obtained before a building permit may be issued. The Village Board of Trustees shall, from time to time, establish by resolution a fee for such certificate.

EXTERIOR FEATURE

The design and general arrangement of the exterior of a structure open to view from a public way, public property or any exterior element of a public building, including kind, color and texture of building materials, number, proportion, type and spacing of windows, doors, walls, roofs, murals, projections and signs. Exterior features shall also include all earthworks, sidewalks, driveways, fences, trees, landscaping and other features visible from a public way, public property or any part of a public building.

HISTORIC PRESERVATION DISTRICT

An area which contains landmarks, structures and or sites which:

Cause such area, by reason of such factors, to constitute a distinct section of the Village of Medina.

Have special character or special historical or aesthetic interest or value.

Represent one or more periods or styles of architecture typical of one or more eras in the history of the Village of Medina.

LANDMARK

Any place, structure or building of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the Village, and which meets the criteria for listing on the New York State and or National Register of Historic Places, and which is deemed worthy of preservation by reason of its value to the Village of Medina as:

One of the few remaining examples of a past architectural style that embodies the characteristics of said style; or

An example of the work of a designer who has significantly influenced an age; or

An outstanding example of a structure or site representative of its era; or

A place where an historical event of significance to the Village of Medina, the region, state or the nation or representative activity of a past era took place or any structure or site which has a special character, special historical or aesthetic interest and value as part of the development, heritage and cultural characteristics of the Village of Medina; or

LANDMARK AND HISTORIC PRESERVATION DISTRICT MAP

A unique location or singular physical characteristic which represents an established and familiar visual feature of a neighborhood or area.

A map to be prepared and maintained by the Building Department, identifying the location of all landmarks, landmark sites and historic preservation districts.

LANDMARK SITE

A parcel on which is situated a landmark, and which may include all structures, features or archaeological resources within the parcel boundary and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated.

MATERIAL CHANGE OF APPEARANCE

Includes:

Any change in the appearance of a structure or land.

Change, reconstruction or alteration of the size or external appearance of a structure or site.

Demolition of part or all of a structure.

Commencement of excavation.

Commencement of or change in the location of advertising on the external part of any structure.

STRUCTURE

Any assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.

STYLES OF ARCHITECTURE

Style recognized by one of the following organizations:

The National Register of Historic Places.

The Historic American Buildings Survey.

The Historic American Engineering Record, U.S. Department of the Interior, National Parks Service.

The Bureau of Historic Preservation Field Services, New York State Office of Parks, Recreation and Historic Preservation.

The National Trust for Historic Preservation.

The Society of Architectural Historians.

Administration. This section shall be administered by the Village of Medina Planning Board.

Historic preservation districts established. The following historic preservation districts are established:

The Main Street District. All those structures abutting the east and west sides of Main Street, bounded on the south by the railroad tracks and on the north by the intersection of Main Street and Eagle Street; all those structures abutting the north and south sides of Center Street, bounded on the west by West Avenue and on the east by Church Street; and those structures abutting the east side of Proctor Place, bounded on the north by Pearl Street and on the south by Center Street.

Powers and duties.

The Village Planning Board shall have the powers and duties granted herein in this subsection and shall have the power to recommend places, sites, structures or buildings for designation as landmarks, historic preservation districts or as additions to an existing historic preservation district, subject to the approval of the Village Board of Trustees.

In addition, the Village Planning Board shall have the power to retain consultants, including, but not limited to, technical experts, engineers, architects and historians to advise in the preparation of any plans or projects to fulfill the duties of this section. Any contract to retain such consultants, which involves the expenditure of Village funds, shall be subject to the approval of the Village Board of Trustees. The Village Planning Board shall also have the power to retain such consultants as part of an applicants site plan or permit review, the cost of which shall be paid by the applicant.

The Village Planning Board shall also draft rules necessary for the conduct of its business subject to this section.

The Village Planning Board shall adopt criteria for the identification of significant historic, architectural and cultural landmarks and for the delineation of historic preservation districts.

The Village Planning Board may, in the course of its duties, conduct surveys of significant historic, architectural and cultural landmarks and historic preservation districts.

The Village Planning Board shall increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.

The Village Planning Board shall make recommendations to Village government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic preservation districts within the Village of Medina.

The Village Planning Board may recommend acquisition of historic properties by the Village government where its preservation is essential to the purposes of this section and where private preservation is not possible.

The Village Planning Board shall approve or disapprove applications for certificates of appropriateness pursuant to this section.

Meetings.

Frequency of meetings. The Village Planning Board shall meet at least monthly to conduct the business of this section, but meetings may be held at any time on written request of any two Village Planning Board members or on the call of the Chairman or the Mayor.

Quorum. For the transaction of the business of this section, not less than a majority of the full-authorized Board membership shall constitute a quorum.

Designation of landmarks.

Upon recommendation of the Village Planning Board, the Village Board of Trustees may designate an individual property, structure, building or site as a landmark if it meets the definition of a "landmark" set forth in Subsection B of this section.

Notice of the proposed designation shall be sent by certified mail, at least 10 days prior to a hearing, to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Village Planning Board to consider the designation. Notice shall also be published once in the official newspaper of the Village of Medina at least 10 days prior to the hearing. Once the Village Planning Board has issued notice of a proposed designation, no building or demolition permits shall be issued by the Code Enforcement Officer until the Village Board of Trustees has made its final decision.

The Village Planning Board shall hold a public hearing prior to recommendation for designation of any landmark. The Village Planning Board, property owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, cultural or architectural importance of the proposed landmark. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.

Notification of landmark designation.

Within 10 days of a public hearing to consider recommendation for landmark designation, the Village Planning Board shall notify the owner of its decision by certified mail. Such notification shall list all obligations the owner shall adhere to regarding the landmark designation status.

The Village Planning Board shall then submit the landmark designation recommendation and the property record to the Village Board of Trustees. The Village Board of Trustees shall hold a public hearing to consider granting landmark status at a duly constituted meeting with proper notice. The Board shall then either accept or deny the landmark status based upon previous proceedings and the property record. Upon acceptance of the property as a landmark, the Village Board of Trustees shall order the landmark designation to be recorded at the Village Clerk's office.

Upon recording of said landmark designation, the owner has the obligation to conform to the terms imposed by this section.

The recording of said landmark designation at the Village Clerk's office binds not only the parties thereto but their heirs, grantees and successors in interest.

Requests for landmark designation. The Village Planning Board may initiate recommendation of a property for landmark status or the owner of any property may apply for landmark status by making a written request with a duly authorized signature to the Village of Medina Village Planning Board that such property be considered for landmark status. The request by the property owner shall include documentation that the property meets the criteria for designation. Upon determination that the request is complete, the Village Planning Board shall then hold a public hearing to consider the proposed designation and proceed as per Subsection G of this section with all required review, recommendation and notification.

Designation of historic preservation districts.

Upon recommendation of the Village Planning Board, the Village Board of Trustees may designate a group of properties as an historic preservation district if the proposed district meets the definition of an "historic preservation district" as set forth in Subsection B of this section.

The Village Planning Board shall specify in detail the boundaries of any proposed historic preservation district. Notice of a proposed designation shall be sent by certified mail, at least 10 days prior to a hearing, to the owner of any property included in such proposal, describing the property proposed and announcing a public hearing by the Village Planning Board to consider the designation. Notice shall also be published once in the official newspaper of the Village at least 10 days prior to a hearing.

The Village Planning Board shall hold a public hearing prior to recommendation for designation of any district. The Village Planning Board, property owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed historic preservation district. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.

The Village Planning Board shall notify, by certified mail, the owner of any property located in a proposed historic preservation district that the Village Planning Board has found the area worthy to be recommended for designation as an historic preservation district.

The Village Planning Board shall then make a written recommendation to the Village Board of Trustees. The Village Board of Trustees shall then hold a public hearing to consider the recommendation at a duly constituted meeting with proper notice. The Board shall then either accept or deny the historic preservation district status based upon previous proceedings and the record presented at the public hearing.

If accepted, detailed specifications of the boundaries of the historic preservation district so designated shall be filed in the Village Clerk's office.

Certificate of appropriateness required. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, painting or moving of a landmark, building or property within an historic preservation district, or any designated landmark not within an historic preservation district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic preservation district or designated landmark without first obtaining a certificate of appropriateness from the Village of Medina Village Planning Board.

Criteria for approval of a certificate of appropriateness.

In passing upon an application for a certificate of appropriateness, the Village Planning Board shall not consider changes to interior spaces.

The Village Planning Board's decision shall be based on the following principles:

Architectural features that contribute to the character of historic buildings and properties that contribute to the character of the historic preservation district shall be retained, with their historic features altered as little as possible.

Any alteration of existing properties shall be compatible with their historic character, as well as the surrounding district or area.

New construction shall be compatible with the district in which it is located.

In applying the principle of compatibility, the Village Planning Board shall consider the following factors:

The general design, character and appropriateness to the property of the proposed alteration or new construction.

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.

Texture, materials and color and their relation to the property itself, surrounding properties and the neighborhood.

Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setback.

The importance of historic, architectural or other features to the significance of the property.

Application procedure for a certificate of appropriateness.

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Code Enforcement Officer who shall immediately forward the application to the Village Planning Board. The application shall contain:

The name, address and telephone number of the applicant.

The location and photographs of the property.

Elevation drawings of proposed changes, if applicable.

Perspective drawings, including relationship to adjacent properties, if applicable.

Samples of materials and or colors to be used.

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, description of materials to be used, method of illumination, if applicable, and a plan showing the sign's location on the property.

Any other information which the Village Planning Board may deem necessary in order to visualize the proposed work.

No zoning permit, building permit or demolition permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Village Planning Board. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any zoning, building or demolition permit that may be required by any other local law of the Village of Medina.

The Board shall approve, deny or approve with modifications the application for the certificate of appropriateness within 45 days of receipt of a complete application. Any such application shall be deemed received for purposes of this section when a complete application is first presented to a duly called meeting of the Village Planning Board. The Village Planning Board may hold a public hearing on the application at which all persons interested in the application shall be heard.

Criteria for relief due to hardship.

An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief to the Village Planning Board on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply to the Village Planning Board for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

Hardship application procedure.

After having received written notification from the Village Planning Board of the denial of a certificate of appropriateness, an applicant may commence the hardship process. The applicant shall file a petition seeking relief due to hardship, stating the grounds for such relief, within 20 days of the date of the mailing of the decision from which the applicant seeks relief. Such application shall be heard at the next regular meeting of the Village Planning Board; provided, however, that the applicant for good cause shown maybe granted reasonable postponements to prepare for such hearing. No building permit or demolition permit shall be issued unless the Village Planning Board makes a finding that a hardship exists.

The Village Planning Board may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. Notice of such public hearing shall be published in the official newspaper of the Village at least 10 days prior to such hearing.

The applicant shall consult in good faith with the Village Planning Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

All decisions of the Village Planning Board shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed in the Village Clerk's office for public inspection. The Village Planning Board's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Village Planning Board shall approve only such work as is necessary to alleviate the hardship.

Enforcement. All work performed pursuant to a certificate of appropriateness issued under this section shall conform to any requirements included therein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Village Planning Board, the Code Enforcement Officer shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as the stop-work order is in effect. It shall be the duty of the Code Enforcement Officer to enforce all provisions of this section.

Maintenance and repair required.

Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or a property within an historic preservation district, which does not involve a change in design, color, material or outward appearance.

No owner or person with an ownership interest in real property designated as a landmark or included within an historic preservation district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would in the judgment of the Village Planning Board, produce a detrimental effect upon the character of the historic preservation district as a whole or the life and character of the property itself.

Examples of such deterioration include:

Deterioration of exterior walls or other vertical supports.

Deterioration of roofs or other horizontal members.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Deterioration of exterior paint.

Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows and doors.

Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.

Historic property exemption.

In order to encourage alteration and rehabilitation that will result in the preservation of designated historic properties, the Village of Medina will delay the imposition of new property taxes attributable to such improvements. Historic property shall be exempt from taxation to the extent of any increase in value attributable to such alteration or rehabilitation pursuant to the following schedule:

	Year of Exemption	Percent of Exemption
	1 through 5	100%
	6	80%
	7	60%
	8	40%
	9	20%
	10	0%

No such exemption shall be granted for such alterations or rehabilitation unless:

Such property exists within a designated historic preservation district or has been designated as a landmark.

Alterations or rehabilitation must be made for means of historic preservation.

Such alterations or rehabilitation of historic property must meet the requirements and review standards of this section.

Such alterations or rehabilitation of historic property are approved by the Village Planning Board prior to commencement of work.

Such exemption shall be granted only by application of the owner or owners of such historic real property on a form prescribed by the Village Clerk. The application shall be filed with the Village Clerk to assess property for taxation on or before the appropriate taxable status date of the Village.

Such exemption shall be granted where the Code Enforcement Officer is satisfied that the applicant is entitled to an exemption pursuant to this section. The Code Enforcement Officer shall approve such application, and such property shall thereafter be exempt to the extent mentioned in Subsection P(1) of this section from Village of Medina taxation and special ad valorem levies above as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in Subsection P(3) above. The assessed value of any exemption granted pursuant to this section shall be entered by the Village Clerk on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.

Civil proceedings. Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

Appeals. Any person aggrieved by a decision of the Village Planning Board relating to hardship or a certificate of appropriateness under this § 254-37 may, within 15 days of the filing of the decision in the Village Clerk's office, file a written application with the Village Board of Trustees for review of the decision. Reviews shall be conducted based on the same record that was before the Village Planning Board and using the same criteria. After review, the Village Board of Trustees may reverse or affirm or modify and affirm the action of the Village Planning Board.

Mural regulations.

[Added 2-22-2021 by L.L. No. 1-2021]

Purpose and intent: The purpose of this subsection is to set forth the Village of Medina requirements regarding the establishment, permitting and location or exterior murals in a way that promotes original works of art while preserving the natural historic architectural features of buildings in the Downtown Historic District, fostering a positive community identity and appearance and attracting tourism in the Village of Medina.

HISTORIC PRESERVATION DISTRICT

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

BUILDING

For the purpose of this chapter and section only, any structure built for the support, shelter, or enclosure of persons, animals, or movable property of any kind.

DISREPAIR

Poor condition of a mural, building or structure due to neglect; this is to include but not be limited to peeling, cracking, fading, graffiti and building repairs.

GRAFFITI

Writing or drawings scribbled, scratched, or sprayed illicitly on a wall or other surface in a public place.

An area which contains landmarks, structures and or sites which:

Cause such area, by reason of such factors, to constitute a distinct section of the Village of Medina.

Have special character, special historical or aesthetic interest or value.

Represent one or more periods or styles of architecture typical of one or more eras in the history of the Village of Medina.

MURAL

A visual depiction and/or works of art including mosaic, painting, fresco, or graphic art technique applied, painted or placed directly onto the exterior of any wall of a building or structure. Such depictions shall not contain words, logos, emblems, trademarks or other similar devices which identify or advertise any product, service or business. A mural shall not be considered an accessory or nonaccessory sign; a mural shall comply with the applicable standards set forth in the following chapter and sections.

STRUCTURE

Anything constructed with a fixed location, including, but not limited to, walls, fences, bridges and billboards.

Design standards:

Murals shall be an original work of art.

Murals shall be designed and constructed under the supervision of a qualified artist/muralist or other qualified professional who has sufficient knowledge in the design and execution of such projects, as well as with the application of the selected medium.

Murals must exhibit excellence in design, content, material, and application while incorporating high-quality materials that will enhance the overall development and appearance of the site.

Murals materials shall be securely attached to the building or structure to which it is applied.

Mural materials shall be durable and weather-resistant to prevent premature deterioration or other unintended change in appearance.

Mural materials must be appropriate for its outdoor location and climate, with special considerations for longevity, and if possible graffiti-resistant.

Murals must stay within the confines of the building or structure and must not protrude outside or above the height of any building or structure.

Mural materials used may be, but are not limited to, paint and other artistic mediums such as tile or mosaic.

Mural design, location, scale and content should be in keeping with and enhance the building, wall, windows, fence or other surface on which it is located, as well as the local environment, and mural imagery shall be appropriate for viewing by all audiences.

Window openings with glass panes may not be covered over by any mural nor may any window pane be removed to be replaced with wood and/or brick to be painted over to accommodate such a mural.

(k)

No murals may be placed over any exhaust vents.

(l)

The mural artist's signature may appear, provided that it is not so prominent as to detract from the mural display.

Prohibitions:

Murals shall not be applied to any surface that was unlawfully established.

Murals shall not be on any sandstone or any other type of natural stone.

Murals shall not obscure or detract from the significant architectural features of the said structure or have an adverse effect on adjacent properties or facing properties, nor shall the building's architecture be altered to accommodate any mural.

Murals shall not compromise the proper function of any building or use or diminish public safety.

Murals shall not contain logos, emblems or trademarked symbols.

Murals shall not include commercial text or products displaying, mimicking or construed as symbolizing a specific brand.

Murals shall not incorporate recognized signs of hatred or discrimination against any race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, gender identity or expression, or sexual orientation.

Murals shall not consist of any reproduction, copy or mass- produced work of visual art of any type.

Murals shall be located in a manner that is visually and physically accessible to the public.

No murals may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

Vintage or original art murals:

Any vintage original art mural installed prior to the effective date of this subsection shall have legal preexisting nonconforming status until such time the existing mural is either removed or replaced with another, at which time the new mural must follow the current regulations set forth.

Schedule:

All murals must be completed within six months of the final design application approval. In the event that a mural is not completed within the six-month time frame, it is at the discretion of the Code Enforcement Officer to either grant an extension or cancel the existing permit. A one-time request for an extension of an additional 60 days may be granted if a renewal form is filed with the Code Enforcement Officer along with the appropriate fee. In the event that the work is not completed or an extension is not granted, the unfinished work will be covered over by the artist and/or owner, who shall incur all associated expenses.

Maintenance:

Routine maintenance of an artwork becomes the responsibility of the building owner where the artwork is located. As part of the contractual requirements, the artist shall develop a maintenance program in cooperation with the building owner or manager for the proper long-term care of the artwork.

if, for whatever reason, the mural fails into disrepair, the building owner will be notified in writing and required to make necessary repairs within 30 days.

Application process:

An application must be obtained from the Code Enforcement Officer.

A signed permission form is required from the building owner.

Artists will be required to sign a waiver to the Visual Rights Act of 1990.[1]

Editor's Note: See 17 U.S.C. § 106A.

All documents must be turned in to the Code Enforcement Officer, with the appropriate fee, who will then submit to the Village of Medina Planning Board for approval. Documents must be deemed as complete and submitted at least 10 days prior to the Planning Board meeting.

Color pictures or renderings of the proposed mural must be submitted.

Decommissioning.

When a mural is at the end of its life span, or if mural is to be removed without a replacement mural, the surface of the building or structure must be restored and repainted with appropriate colors to the Historic Preservation District, which must be approved in advance by the Village of Medina Planning Board. Upon such approval, a certificate of appropriateness will be issued, after which time work may begin.

Penalties for offenses.

Any person, firm, corporation or group who violates, disobeys, neglects or refuses to comply with any provision of this subsection, including any terms or requirements stipulated by the Village Planning Board as conditions issued by such Board or any terms or requirements stipulated by the Village Board of Trustees as conditions on any murals authorized by such Board, shall be guilty of an offense, and upon conviction thereof, shall be subject to a fine not less than $125 and not more than $250 per day as long as the violation exists.

Fees.

All appropriate fees must be paid at the time the application is submitted, according to the permit fee schedule.

Building facade lighting standards.

[Added 2-22-2021 by L.L. No. 2-2021]

Purpose and intent.

All exterior up-light illumination design proposals, including but not limited to landscape lighting, in-ground, and all similar sources of lighting, shall be subject to review and approval of the Village Planning Board.

Structures having symbolic (i.e., churches and/or public buildings) or historical significance in the community may be considered for illumination.

An illumination design proposal shall be submitted where an outdoor lighting plan is required for all new outdoor lighting installations or other types of projects as necessary.

Plan content. An outdoor lighting plan shall include at least the following:

Manufacturer specification sheets, cut sheets or other manufacturer-provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels.

The proposed location, mounting height and aiming point of all outdoor lighting fixtures.

If building elevations are proposed for illumination, drawings for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance level of the elevations, and the aiming point for any remote light fixture,

Additional information.

If needed to review the proposed outdoor fighting fixture installation, the Planning Board may require additional information following the initial outdoor lighting plan submittal, including a written narrative to demonstrate the objectives of the lighting, photometric data, and other descriptive information on the fixtures, computer-generated photometric grid showing foot-candle readings every 10 feet within the property or site and 10 feet beyond the property lines (an iso footcandle contour line style plan may be acceptable) and/or landscaping information to describe potential screening.

Exterior up-light illumination requirements. All exterior up-light illumination shall meet the following provisions:

Lighting fixtures shall be shielded and directed onto the building facade. Lighting fixtures shall not be directed toward adjacent streets, roads or properties.

Lighting fixtures mounted on the building and designed to "wash" the facade with light are recommended.

To the extent practicable, lighting fixtures shall be directed downward (i.e., below the horizontal) rather than upward.

The use of RGB, color-changing LED lights, and color filters are prohibited.

Color temperature of all lighting shall fall in the range of 2,700 K to 3,000 K max.

Applicant shall provide all necessary specifications for both the proposed fixture and installation, as well as a rendering illustrating the proposed illumination in context.

Facades of buildings without symbolic or historical significance may be illuminated if approved by the Village Planning Board subject to the following criteria and meeting the performance standards contained in this section.

Lighting does not cast light and glare on adjacent properties and rights-of-way.

The lighting is needed to ensure the safety of employees and/or customers.

In applying the principle of compatibility, the Village Planning Board shall consider the following factors:

The general design, character and appropriateness to the property of the proposed lighting.

The scale and effect of proposed lighting in relation to the property itself, surrounding properties and the neighborhood.

Visual compatibility with surrounding properties, including proportion of the property's front facade and general character of the building.

The importance of historic, architectural or other features to the proposed lighting design.

§ 254-38 MSO Medical Services Overlay District.

The Village Planning Board reserves the right to require substantial design alterations to the lighting designs that it deems to be inconsistent with the design guidelines or is otherwise inappropriate to the general aesthetic character of the neighborhood.

[Added 8-28-2007 by L.L. No. 4-2007]

Purpose. The purpose of the MSO Medical Services Overlay District is to allow the development of health care facilities in the vicinity of the existing hospital to provide expanded services to the residents of the Village of Medina and the surrounding area.

Permitted uses.

All uses permitted in the underlying zoning district.

Permitted accessory uses.

All accessory uses permitted in the underlying zoning district, subject to the requirements of the underlying zoning district.

Conditional uses requiring a special use permit.

Any use allowed with a special use permit in the underlying zoning district.

Hospitals.

Medical offices.

Medical treatment facilities.

Medical research facilities.

Parking lots.

Helicopter landing facilities.

Medical outreach and educational facilities.

Dimensional specifications.

Minimum setback requirements shall be the same as the R-1 District.

Maximum building height shall be the same as the R-1 District.

Maximum building coverage on a lot shall be 70%.

Minimum green space on a lot shall be 20%.

General development standards.

The design of improvements and landscaping along the boundaries of the overlay district should be visually harmonious and functionally compatible with adjoining residential areas. Extensive parking areas, service areas and other features likely to have adverse effects on surrounding property due to noise, lights and view shall be screened against impact on the surrounding properties.

Landscaping shall provide screening between properties with visual, noise and air quality factors considered. Trees to be planted shall include both deciduous and coniferous species in adequate density and design to provide year round benefit of such plantings. Trees shall be of numerous species to minimize the impact and spread of disease.

Exterior wall surfaces of buildings shall be of masonry, wood, glass or metal or a combination of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential property or semipublic area shall consist of the same facing material as the building front.

New public and private utilities and those relocated or replaced shall be generally underground.

Pedestrian connection between parking areas and buildings shall be along walkways to the extent necessary to assure pedestrian safety.

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

Any abovegrade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness and should be separate from private vehicles and pedestrians where feasible.

Signs.

Freestanding signs in the overlay district shall be limited to traffic and pedestrian directional and control signs and street signs.

Pole signs shall be prohibited in the overlay district.

One identification sign shall be permitted for each nonresidential use, identifying the use on the premises as permitted on the site plan, of not more than 20 square feet, not projecting from the building and designed as an integral part of the site plan.

Any illuminated sign visible from any public street or from adjoining property used for residential purposes shall be so shaded, shielded, directed or maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect neighboring premises nor the safe vision of operators of vehicles moving on public streets.

Parking.

§ 254-38.1 Central Business District Overlay.

Parking facilities shall comply with Article VI, § 254-40, of this chapter.

[Added 9-25-2017 by L.L. No. 6-2017]

Purpose. The purpose of the CBDO Central Business District Overlay is to create a contiguous, walkable expansion of the existing CBD through identified uses of principally low-impact retail and personal service businesses while preserving the municipality's historic character and the integrity of the neighborhood through adaptive reuse of existing structures to serve the needs of area residents.

Permitted uses.

Retail sales establishments, including, but not limited to, the following:

Stores selling groceries, meats, baked goods, and other such food items.

Drugstores.

Stationary, tobacco, newspaper and confectionary stores.

Clothing, millinery and shoe stores.

General merchandise and variety stores and specialty shops.

Frame shops.

Personal service establishments, including, but not limited to, the following:

Barbershops, beauty shops and spas.

Shoe repair and fix-it/tailor shops.

Hospitality businesses, including, but not limited, to the following:

Boutique hotels.

Cafes, coffee shops, and ice cream parlors.

Businesses and professional offices, including, but not limited to, the following:

Physician, dentist, chiropractor offices.

Travel agency offices.

Accounting and tax return preparation offices.

Attorney offices.

Architect, engineer and consultant offices.

Places of worship.

Libraries.

Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

Permitted accessory uses.

Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter and other applicable regulations of the Village of Medina.

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises which are used in conjunction with a permitted business use.

Other accessory business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above. Accessory furnace buildings are prohibited.

Other provisions and requirements.

Setback and other dimensional requirements shall be those of the underlying zoning district.

Buffer strip. Structures used for a commercial purpose shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.

Refuse containers. Commercial uses shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or stone areas, visually screened, and shall provide rodent control.

Off-street parking, loading and unloading facilities shall be subject to the provisions of §§ 254-40 and 254-41 of this chapter.

Signs shall be subject to the requirements of Article VI, § 254-39, of this chapter.

Certificate of appropriateness required.

No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, painting or moving of a landmark, building or property within the Central Business District Overlay, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other elements visible from a public street or alley which affect the appearance and cohesiveness of the Overlay or designated landmark without first obtaining a certificate of appropriateness from the Village of Medina Planning Board.

Criteria for approval of certificate of appropriateness shall be the same as that required for the HPD — Historic Preservation District.