A.
Permitted uses. The following uses and their accessory uses are permitted
outright.
(1)
Single-family dwelling with at least a single car attached or detached
private garage
[Amended 2-6-1978 by L.L. No. 2-1978; 1-2-2007 by L.L. No.
2-2007]
B.
Conditional uses. Upon site approval and in accordance with Article IV, the following uses are permitted:
(1)
Public buildings, schools, parks, playgrounds, libraries and grounds.
(2)
Two-family dwelling with attached or detached garage.
[Amended 2-6-1978 by L.L. No. 2-1978]
(3)
Customary home occupation incidental to a residence, including a
professional office of a person actually residing on the premises.
C.
Dimensional requirements.
[Amended 11-2-1981 by L.L. No. 8-1981; 4-4-1983 by L.L. No.
2-1983; 5-19-1986 by L.L. No. 4-1986; 9-14-1987 by L.L. No.
5-1987; 8-1-1994 by L.L. No. 2-1994; 2-10-2012 by L.L. No.
1-2012]
(1)
All uses shall require a lot of at least 11,500 square feet, and
that on corner lots where two or more roads adjoin the property, the
minimum lot size shall be 14,200 square feet or a minimum of 135 feet
by 105 feet. The minimum width of a lot measured at the building line
shall be 85 feet.
[Amended 3-6-2018 by L.L.
No. 1-2018]
(2)
The minimum front setback for lots abutting roads and, if a corner
lot, the exterior side yards shall be 35 feet. The minimum interior
side yard and rear yard shall be eight feet.
(3)
No building shall exceed two stories or 35 feet in height.
(4)
Dwelling area. All dwellings shall have a living area computed on
the outside dimensions of the dwelling of not less than the following:
(a)
One story: ground floor, 1,120 square feet.
(b)
One-and-one-half-story dwelling: ground floor, 980 square feet,
finished.
(c)
Split-level dwelling: 1,120 square feet above ground, finished.
(d)
Two-story dwelling: 1,300 square feet total, finished, on both
floors.
(e)
Raised-ranch dwelling: 1,600 square feet, with 980 square feet
above ground, finished.
(f)
The area of porches and auto garages shall not be included in
the computation of the above square footage.
(5)
Percentage of lot coverage. All buildings, including accessory structures,
shall not cover more than 25% of the area of the lot.
[Amended 3-14-2019 by L.L. No. 1-2019]
D.
Additional requirements for all new homes built after May 1, 1986
shall be as follows:
[Added 3-17-1986 by L.L. No. 3-1986; amended 11-3-1986 by L.L. No.
5-1986; 2-3-1992 by L.L. No. 1-1992; 12-7-1992 by L.L. No.
7-1992; 12-7-1992 by L.L. No. 7-1992; 4-1-2004 by L.L. No.
2-2004; 2-10-2012 by L.L. No. 1-2012]
(1)
A minimum of a one-foot overhang on the roof on the front and rear
of all homes.
(2)
A minimum of five inches of rake on the gable roof end.
(3)
A minimum of a twelve-foot-wide single-car garage.
(4)
A sump pump connected to the Village storm sewer.
(5)
Two exit doors.
(6)
The area between the gutter and sidewalk shall be paved the width
of the driveway.
(7)
Basements shall be required for all single-family homes, apartments
and multi-residential buildings.
(8)
There shall be no more than three single-family detached homes of
substantially similar style located on three adjacent lots which front
on the same street.
E.
Accessory buildings and structures.
(1)
Any toolshed, garden shed, utility shed, cabana or similar structure,
which is not utilized for housing automobiles and trucks, is permitted,
provided that such structure is incidental to the principal or primary
residential use on the property and subject to the following restrictions:
(a)
Only one such accessory structure will be permitted on any real
property and shall not be used for housing animals or their wastes.
(b)
The footprint shall be over 25 square feet but shall not exceed
256 square feet and no wall shall exceed 20 feet in length.
[Amended 10-2-2018 by L.L. No. 6-2018]
(c)
The height of any accessory structure shall not exceed 12 feet
as measured from the average grade at the front of said accessory
building to the highest point of such accessory structure.
(d)
Must be erected behind the front main foundation line of the
principal dwelling on any lot and 10 feet from any building used for
residential purposes which is located on an adjacent lot.
(e)
A side and rear setback of no less than five feet must be maintained.
(f)
If erected on a corner lot, accessory structures must be located
behind the street main foundation lines of the principal dwelling
and behind the side foundation line on the side facing the street.
(g)
On through lots, any accessory structure shall not be located
nearer than 30 feet from either street line.
(2)
Any detached structure utilized for the storage of automobiles and
trucks is permitted, subject to the following restrictions, provided
that such structure is incidental to the principal or primary residential
use on the property:
(a)
Must be placed on an approved foundation in accordance with
the NYS Building Code.
(b)
The footprint shall not exceed 720 square feet.
(c)
The height shall not exceed 35 feet as measured from the average
grade at the front of said structure to the highest point of such
structure.
(d)
Must be erected behind the front main foundation line of the
principal dwelling and at least 10 feet from any building used for
residential purposes which is located on an adjacent lot.
(e)
A side and rear setback of no less than eight feet must be maintained.
(f)
If erected on a corner lot, accessory structures must be located
behind the street main foundation lines of the principal dwelling
and behind the side foundation line on the side facing the street.[2]
[2]
Editor's Note: Original § 24-303, R-2 Residential
District, added 10-3-1988 by L.L. No. 1-1988, which immediately followed
this subsection, was repealed 2-7-2012 by L.L. No. 3-2012.
F.
Site plan approval. Site plan approval by the Zoning Board of Appeals shall be required in a residential district for all new uses, changes in use, and new construction or alteration, in accordance with the procedures established in Article V of this chapter for all conditional uses.
[Added 6-2-2015 by L.L.
No. 1-2015]
[1]
Editor's Note: Original § 24-301, Flood hazard protection
district, which immediately preceded this section, was repealed 2-7-2012
by L.L. No. 3-2012.
A.
Purpose. It is the intent of the Village of Hilton to permit, where
appropriate, the construction and development of multiple-family residences
in the Village. At the same time, the Village does not desire the
large-scale development of these units to the extent that large areas
of the Village become so devoted to such use that single-family residences
would appear out of place. Accordingly, an area shall be zoned as
an MR District only upon application for a specific proposal in accordance
with the normal rezoning procedures. In reaching its decision, the
Village Board shall consider the general criteria set forth in this
chapter, the most current Comprehensive Plan for the Village of Hilton,
if any, and this statement of purpose.
B.
Permitted uses. The following uses are permitted outright:
(1)
Apartment houses, multiple dwellings, dwelling groups, condominiums
and cooperatives, which are simply apartment houses under certain
specified rules of ownership; provided, however, that this shall not
be construed to permit mobile homes or a mobile home park.
(2)
Normal accessory uses designed as an integral part of the development
and scaled for the exclusive use of the residents of the development.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
D.
Dimensional requirements.
(1)
Minimum size of site: two acres. This applies to the total proposal,
including the platted area, if any.
(2)
Site coverage. The maximum site coverage of all buildings and structures
shall be 30% of the lot area, such percentage to be calculated on
the basis of total project area, regardless of whether or not portions
thereof need to be platted for townhouses.
(3)
Maximum building height: 35 feet.
(4)
Yard requirements:
(a)
No building shall be nearer than 50 feet to the right-of-way
of any major road peripheral to the site.
(b)
No building shall be nearer than 30 feet to the right-of-way
of any exterior project road. In the case of nondedicated streets
and roads, this setback shall be measured from the limits of the paved
area.
(c)
No building shall be nearer than 30 feet to any interior lot
line, other than those lot lines defining an individual unit in a
townhouse, if any.
(5)
Building capacity. No building shall contain more than eight dwelling
units and at no time shall there be more than five dwelling units
in a row.
(6)
Density. The maximum number of dwelling units per gross acre, which
acreage includes interior project roads and parking areas, depends
upon the specific structural style used. Those apartments constructed
as a linear series of noncommunicating units with no common hallways
or entrances shall not exceed 10 such dwelling units per acre. Apartments
constructed in the so-called garden-apartment style, where units are
above one another and have common hallways and/or entrances, shall
not exceed 16 such dwelling units per acre.
(8)
Basements shall be required for all multiresidential buildings.
[Added 4-1-2004 by L.L. No. 2-2004]
H.
Site plan approval. Site plan approval by the Zoning Board of Appeals shall be required in a multiple residential district for all new uses, changes in use, and new construction or alteration, in accordance with the procedures established in Article V of this chapter.
[Amended 6-6-1994 by L.L. No. 1-1994; 11-8-2011 by L.L. No.
6-2011]
I.
Commencement of development. If construction of the principal building
pursuant to a valid building permit is not diligently prosecuted within
two years from the effective date of any local law designating an
area MR, then the area shall automatically revert to the zone district
in effect prior to such designation. At any time prior to such reversion,
the Zoning Board of Appeals, by motion, may grant an extension, which
shall expire no later than three years after the effective date of
the local law designating the area MR.
[Amended 11-8-2011 by L.L. No. 6-2011]
[Amended 7-5-2005 by L.L. No. 3-2005; 11-8-2011 by L.L. No.
6-2011; 2-4-2014 by L.L. No. 1-2014]
A.
Purpose. The purpose of this district is to provide areas for retail
sales and services for the community.
B.
Permitted uses. The following uses are permitted outright when conducted
within a completely enclosed building:
(1)
Administrative, professional or executive offices, including but
not limited to real estate, lawyer, accounting and financial planning,
municipal offices, insurance, counselor, travel, psychologist and
social work offices.
(2)
Offices or clinics for the medical care and treatment of human beings.
(3)
Nursing, adult care or convalescent homes.
(4)
Churches and other places of worship.
(5)
Conference, meeting, activity and recreational rooms and facilities.
(6)
Retail and wholesale sales and, as an accessory use thereto, manufacturing
or processing of articles incidental to the conduct of such retail
or wholesale business.
(7)
Personal services, including but not limited to hair stylists, tanning
salons, nail salons, dressmaking, tailor and shoe repair.
(8)
Laundromats, dry-cleaning and/or dry cleaning and laundry pickup
stations.
(9)
Eating and drinking establishments.
(10)
Theaters.
(11)
Banks, savings and loans, credit unions and similar financial
institutions.
(12)
Veterinary offices or clinics for the treatment and care of
animals, excluding animal shelters.
(13)
Pet grooming.
(14)
Funeral homes and mortuary services.
(15)
Car washes.
(16)
Nurseries and garden stores.
(17)
Trade services, including but not limited to electrical, heating,
plumbing, carpentry, motor vehicle and electronic repair.
(18)
Vehicular fueling and service stations.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
D.
Dimensional requirements.
(1)
Front setback: minimum of 35 feet. Any property line adjacent to
a street shall be deemed a front line.
(2)
Rear and side setbacks: minimum of 10 feet each, except that where
a commercial district abuts a residential district, the setbacks shall
each be 20 feet.
(3)
Maximum building height shall not exceed 45 feet.
(5)
Maximum lot area covered by buildings, structures and all impervious
surfaces shall be 80% of the total lot area.
(6)
Driveways shall be constructed in accordance with the NYS Fire Code
and shall be no less than 20 feet in width and no more than 50 feet
in width. The area between the sidewalk and road shall be paved. If
there is no sidewalk, the first 20 feet from the road of said driveway
shall be paved.
H.
Site plan approval. Site plan approval by the Zoning Board of Appeals shall be required for all new uses, changes in use, and new construction or alteration, in accordance with the procedures established in Article V.
I.
Commencement of development. All approvals and permits must be acted
upon within two years. An extension may be applied for and issued
if approved by the issuing Board.
[Amended 2-6-1978 by L.L. No. 2-1978; 11-2-1981 by L.L. No.
8-1981; 10-4-1982 by L.L. No. 3-1982; 4-10-2000 by L.L. No.
3-2000; 11-8-2011 by L.L. No. 6-2011; 2-4-2014 by L.L. No.
1-2014]
A.
Purpose. The purpose of this district is to provide for the establishment
of industrial uses essential to the development of a balanced economic
base in an industrial environment, and to regulate such industrial
development so that it will not be detrimental or hazardous to the
surrounding community and the citizens thereof.
B.
Permitted uses the following uses and their accessory uses are permitted
outright:
(1)
Scientific research or experimental development of materials, methods
or products, including engineering and laboratory research.
(2)
Administrative educational and other related activities and facilities
in conjunction with a permitted use.
(3)
Manufacture of electric, electronic or optical instruments or devices.
(4)
Light manufacturing, assembling, fabricating or packaging of products
from previously prepared materials such as cloth, plastic, paper,
leather, precious or semiprecious metals or stones.
(5)
Manufacture of food products, pharmaceutical and the like, but not
including the production of fish, meat or dairy products; or fermented
foods such as sauerkraut, vinegar, or the like; or the rendering of
fats and oils.
(6)
Cold storage plants and ice manufacturers, including storage and
offices.
(7)
Printing, publishing and book binding.
(8)
Public and public utility buildings and yards.
(9)
Retail or combination retail wholesale lumber and building materials
yard, not including concrete mixing.
(10)
Light fabrication and repair shops such as blacksmith, cabinet,
electric motor, heating machine, sheet metal, stone monuments, upholstery
and welding.
(11)
Wholesale distribution of all standard types of prepared or
packaged merchandise, excluding, however, such uses as fertilizer,
explosives, compost and nitrocellulose.
(12)
Processing uses such as bottling, plants, creameries, laboratories,
blueprinting and photocopying, laundries, carpet and rug cleaning
plants, cleaning and dyeing plants.
(13)
All types of automobile, motorcycle, truck and equipment sales,
repair and rental.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
D.
Special provisions. In addition to the regulations set forth in Article V, the following special provisions shall apply to industrial districts:
(1)
Required off-street parking and loading, other than suitably landscaped
guest parking, shall be confined to the rear yard of the proposed
use.
(2)
The front yard of all lots and extension yards of a corner lot shall
be suitably landscaped and shall include the provision of vegetation
at suitable levels of maturity to protect and enhance the overall
quality of the environment. In the case of through lots where the
rear yard and/or side yards are also visible from a major road or
residential area, similar requirements shall be imposed wherever appropriate.
(3)
The architectural treatment and general appearance of all buildings
and the landscaping of the grounds shall be in keeping with the intent
of this chapter and should be of such quality of design as to be a
visual asset to the area in which they are located.
(4)
At no time shall any use result in or cause dissemination of dust,
smoke, smog, observable gas, fumes, odors, radiation or other atmospheric
pollution, objectionable noise, glare or vibrations or hazard of fire
or explosion or any other physical hazard to any adjacent buildings
or to any plant growth or any land adjacent to the site.
E.
Dimensional requirements.
(1)
The minimum lot area shall be that necessary to accommodate the necessary
structures and all loading, parking, access, setback and buffer area
regulations required elsewhere in this chapter.
(2)
Front setback: minimum of 35 feet.
(3)
Rear or interior setback: minimum of 10 feet, except that where an
industrial district abuts a residential district, the setback shall
be 20 feet. The minimum side setback on a corner lot shall not be
less than the front setback on a corner lot.
(4)
Maximum building height shall be 45 feet.
(5)
Maximum lot coverage by buildings, structures and all impervious
surfaces shall be 80% of the total lot area.
(6)
All buildings shall have a pitched roof.
(7)
Driveways shall be constructed in accordance with the NYS Fire Code
and shall be no less than 20 feet in width and no more than 50 feet
in width. The area between the sidewalk and road shall be paved. If
there is no sidewalk, the first 20 feet from the road of said driveway
shall be paved.
I.
Commencement of development. If construction of the principal building(s)
pursuant to a valid building permit in a rezoned area is not diligently
prosecuted within two years from the effective date of any local law
designating an area I Industrial, the area shall automatically revert
to the zone district in effect prior to such designation. At any time
prior to such reversion, the Zoning Board of Appeals by motion may
grant an extension which shall expire no later than three years after
the effective date of the local law designating the area I Industrial.
[Added 5-7-1990 by L.L. No. 5-1990; amended 4-10-2000 by L.L. No.
3-2000; 5-5-2003 by L.L. No. 2-2003; 4-1-2004 by L.L. No.
2-2004; 1-4-2005 by L.L. No. 1-2005; 11-8-2011 by L.L. No.
6-2011; 2-4-2014 by L.L. No. 1-2014]
A.
Legislative intent. The purpose of the Light Industrial District
is to provide areas which may accommodate certain non-nuisance industrial
uses, as well as to provide local employment opportunities. This district
is suitable for areas with adequate utilities, proximity to adequate
transportation facilities, and proper relationship to other land uses
and natural features. Industrial uses should have characteristics
which are compatible with the rural/suburban character of the Village
and should be appropriately sited, such as in industrial parks. Industrial
uses may include those in manufacturing warehouses and production
utilizing previously prepared materials, but not those utilizing raw
materials or any other process or activity which would result in or
cause dissemination of harmful waste products, dust, smoke, gas, fumes,
odors, noise, glare, vibration or any other hazard to adjacent buildings
or land. This district specifically excludes residences due to the
potential for conflicts between land uses.
B.
Permitted uses. All permitted uses are subject to Occupational Safety
and Health Act and National Fire Safety Code regulations. The following
uses and their customary accessory uses are permitted in the Light
Industrial District:
(1)
Scientific research or experimental development of materials, methods
or products, including engineering and laboratory research.
(2)
Manufacture of electronic or optical instruments or devices.
(3)
Printing, publishing and book binding.
(4)
Fabrication of paper products, including packaging materials, office
and household paper supplies, and stationery.
(5)
Light manufacturing, processing, fabrication, assembly or packaging
of products from previously prepared materials such as cloth, plastic,
paper, leather, wood products, furniture, accessories, tools and metals
produced elsewhere.
(6)
The processing and fabrication of plastics and plastic products,
including product design and development, molding, mold repairs and
alterations, finishing and packaging of plastics and plastic-related
products.
(7)
Welding and welding-related activities, provided these activities
are situated in protective rooms with adequate ventilation. Materials
shall be stored in fireproof cabinets.
(8)
Cold storage plants and ice manufacturers, including storage and
offices.
(9)
Mini storage facilities, also known as self-storage facilities.
(10)
Business and personal records storage, including offices.
(11)
Enclosed storage facilities for vehicles and equipment.
(12)
Outside storage facilities for vehicles and equipment, including
automobile, boats, campers, crates, construction equipment, etc.,
excluding such items as junk, scrap material, waste (inorganic and
organic) and other articles of such nature.
(13)
Containerized storage.
(14)
Data entry/telecommunication services.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
(1)
Retail sales.
(2)
Uses of similar character, but not specifically listed above, may
apply to the Zoning Board of Appeals for a conditional use permit.
Such permit shall be granted upon a finding by the Board that said
use is indeed of the same general character and fits into the intent
of this section.
D.
Prohibited uses.
(1)
Manufacturing of explosives, acetylene, gas, oxygen, plaster, disinfectants,
insecticides, asphalt, soap, ammonia, bleaching powder, cement, lime,
acid, tallow, grease, oils, glue, fertilizer, or chemicals emitting
corrosive or toxic fumes.
(2)
Any land use process, or activity which would result in or cause
dissemination of harmful waste products, dust, smoke, gas, fumes,
odors, noise, glare or vibration or any other hazard to adjacent buildings
or land other than those used for heating purposes.
(3)
Processing, storage or disposal of hazardous or other wastes, or
of coal, coke and fuel oils, or storage of bulk products not in containers
(i.e., stone, sand, salt, cement, fertilizer).
(4)
Fabrication methods using explosive forming shall not be allowed.
(5)
Any use which may be detrimental to the health, welfare and safety
of residents of the surrounding areas.
(6)
Any use which does not meet the performance standards as described
in this chapter.
(7)
Residential uses.
(8)
Fire and explosion. The storage, utilization or manufacture of detonable
materials, flammable solids ranging from active burning to intense
burning, flammable gases or flammable liquids shall not be permitted.
E.
Performance standards. No industrial use shall be established or
maintained unless it complies with the performance standards in this
section. Continued conformance with such standards shall be a requirement
for the continuance of any certificate of occupancy and/or zoning
permit.
(1)
Noise.
(a)
Sound levels shall be determined at the property line of the
lot from which the noise is emitted. Sound measurements shall be accomplished
through the sound-level meter having an A-weighted filter constructed
in accordance with specifications of the American National Standard
Institute.
(b)
The following uses and activities shall be exempt from these
noise regulations:
(c)
No person, firm or corporation shall allow the emission of sound
in air which, as measured at the property lines, has a sound level
in excess of 65 decibels to 70 decibels on the A-weighted scale between
the hours of 7:00 a.m. and 8:00 p.m. and in excess of 50 decibels
on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2)
Smoke. The density of smoke and other atmospheric pollutants shall
be measured by the Ringelmann Chart as published by the United States
Bureau of Mines. No person, firm or corporation shall permit the emission
of smoke or any other atmospheric pollutant, from any source whatever,
for a period or periods aggregating more than four minutes in any
one hour which exceeds the density or equivalent opacity of No. 1
on the Ringelmann Chart as measured at the point of emission. The
emission of smoke or any other atmospheric pollutant shall not be
permitted, regardless of quantity, if it is in any way detrimental
to the public health or safety or is a nuisance or source of damage
to property.
(3)
Particulate matter. No person, firm or corporation shall permit the
emission of any particulate matter, from any source whatever, to exceed
one pound per hour per acre of lot area. The emission from all sources
within any lot area of particulate matter containing more than 10%
of particles having a diameter larger than 44 microns is prohibited.
(4)
Odor. No person, firm or corporation, shall permit the emission of
any offensive odor at the property line of the lot from which the
odor is emitted. The "odor threshold" is defined as the minimum concentration
in air of a gas, vapor, or particulate matter that can be detected
by the olfactory systems of a panel of healthy observers. The "panel
of healthy observers" is defined as a group that includes the Building
Inspector, a municipal board member, the owner of the property which
is the source of the odor, and the person(s) who filed a complaint
with the Village.
(6)
Electromagnetic interference. No land use or operation shall be allowed
which produces any perceptible electromagnetic interference with normal
radio or television reception outside the boundaries of the lot on
which such use or operation takes place.
(7)
Electromagnetic radiation. No land use or operation shall be allowed
which produces electromagnetic radiation which does not comply with
the current requirements of the Federal Communications Commission,
or with the standards of the American National Standards Institute
or the Federal Communications Commission.
(8)
Heat. No emission or heat shall be permitted which would cause a
temperature increase in excess of 1° F. along any adjoining lot
line, whether such change is in the air, in the ground or in any watercourse
or body of water.
(9)
Toxic or noxious matter. No land use or operation shall be permitted
which permits or causes the escape of any toxic or noxious fumes,
gases or other matter outside the building in which the use is conducted.
(10)
Radiation. No emission, discharge or storage of radioactive
gases, liquids or solids shall be permitted.
(11)
Glare. No person, firm or corporation shall permit any high
intensity light to cross the boundary line of the lot on which this
light source is situated.
(12)
Vibration. No activity shall cause or create a steady state
or impact vibration discernible at any lot line.
(13)
Liquid or solid wastes. The discharge of any or all wastes shall
be permitted only if in complete accordance with all standards, laws
and regulations of the County Department of Health, New York State
Department of Environmental Conservation or any other regulatory agency
having jurisdiction. Facilities for the storage of solid waste shall
be so located and designed as to be screened from the street or from
any adjoining property and so as to discourage the breeding of rodents
or insects. All wastes are to be properly stored and removed weekly.
(14)
Landscaping. The required front yard areas shall not be used
for storage or parking, but shall be lawn or landscaped. Unless used
as a parking area, the side yards shall be lawn or landscaped back
to the rear building line. The rear yard shall be fully landscaped
when the property abuts any other district. Any landscaped areas shall
be properly maintained thereafter in a sightly and well-kept condition.
(15)
Lights. All exterior lighting in connection with all buildings,
signs or other uses shall be directed away from adjoining streets
and properties and shall not cause any objectionable glare observable
from such streets or properties. Hours of lighting may be limited
by the Zoning Board of Appeals in acting on any site development plan.
No use shall produce glare so as to cause illumination beyond the
property on which it is located in excess of 5/10 footcandle.
(16)
Storage. Materials, supplies and products shall not be stored
in any front or side yard area nor in any required yard. All outside
areas shall be neatly kept, fenced, lighted and screened from any
existing or proposed road or any adjoining district.
(17)
Fences. The Zoning Board of Appeals may require the fencing
or screening, or both, of any hazardous or potentially dangerous conditions
which in the opinion of the Board might cause injury to persons or
damage to property. Refer also to the fencing regulations of this
chapter.
(18)
Edible products. All edible products or materials for human
or nonhuman consumption or used in manufacturing shall be maintained
free of all vermin and insects and their waste products.
(20)
The Zoning Board of Appeals, upon review of the proposed development,
may prescribe such additional conditions as are, in its opinion, necessary
to secure the objectives of this chapter.
F.
Performance standards procedures.
(1)
During the course of site plan review, the Zoning Board of Appeals
will determine if the applicant's proposal will conform to the performance
standards.
(2)
In the case of any application for the establishment of use subject
to the performance standards, the Zoning Board of Appeals may require
the applicant, at his/her own expense, to provide such evidence as
it deems necessary to determine whether the proposed use will conform
to said standards.
(3)
If the Zoning Board of Appeals deems it necessary, expert advice
may be obtained, with the cost of such advice paid for in advance
by the applicant as a condition of further consideration of his/her
application. The report of any expert consultants shall be promptly
furnished to the applicant.
G.
Performance standard enforcement. If, in the judgment of the Code
Enforcement Officer or of the Village Board, there is a violation
of the performance standards:
(1)
The Code Enforcement Officer shall give written notice, by registered
or certified mail, to the owner and tenants of the property upon which
the alleged violation occurs, describing the particulars of the alleged
violation and the reasons why it is believed that there is a violation
in fact, and shall require an answer or correction of the alleged
violation to the satisfaction of the Code Enforcement Officer within
10 days of the date of receipt. The notice shall state that, upon
request of those to whom it is directed, technical determinations
of the nature and extent of the violation as alleged will be made,
and that, if violation as alleged is found, costs of the determinations
will be charged against those responsible, in addition to such other
penalties as may be appropriate, and that, if it is determined that
no violation exists, costs of determination will be borne by the Village.
(2)
If, within the ten-day time limit, the alleged violation is corrected
to the satisfaction of the Code Enforcement Officer, he/she shall
note "violation corrected" on his copy of the notice and shall retain
it among his/her records.
(3)
If there is no reply within the ten-day time limit and the alleged
violation is not corrected to the satisfaction of the Code Enforcement
Officer within the time limit, he/she shall proceed to take action
in accordance with the provisions of this chapter.
H.
Additional provisions and requirements.
(1)
All processes shall take place within an enclosed building. Incidental
storage out-of-doors shall be shielded from view from public streets,
adjacent off-street parking areas and neighboring properties by fencing,
landscaping, earth berm or other appropriate measures.
(2)
All uses in this district shall set aside not less than 20% of the
lot to be devoted to seeding, planting, retention of tree cover or
other landscaping. This area shall be used for no other purpose.
(3)
Fences, walls, hedges, and screen plantings may be required by the Zoning Board of Appeals in accordance with § 275-38 to protect the quality of adjacent property in any other district, and shall be installed and perpetually maintained so as to visually and audibly screen the activity from the adjacent district. The front yard of all lots and extension yards of a corner lot shall be suitably landscaped and shall include the provision of vegetation at suitable levels of maturity to protect and enhance the overall quality of the environment. In the case of through lots where the rear yard and/or side yards are also visible from a major road or residential area, similar requirements shall be imposed by the Zoning Board of Appeals wherever appropriate.
(4)
Site plan approval by the Zoning Board of Appeals shall be required
in the Light Industrial District for all new uses, changes in use,
and construction or alteration which would increase the gross floor
area by 15% from the original final site plan. The performance standards
listed in this section shall be considered during site plan review,
in addition to the standard criteria.
(5)
Mini storage facilities and outside storage facilities must be fenced so that access to the storage area is impeded by the fence. Refer to fencing regulations as set forth in Article VI, § 275-38. A security gate must be used to control access to the storage area and must close and lock automatically. The grounds outside of the storage facility must be lighted and the roadside landscaped as directed by the Zoning Board of Appeals. Refer to lighting and landscaping regulations as set forth in Article III, § 275-17.
(6)
The grounds outside of any storage facility must be lighted and the
roadside landscaped as directed by the Zoning Board of Appeals.
(7)
Outside storage of vehicles and equipment shall be provided directly
to the rear of any building fronting the property. If no such building
exists, appropriate screening is required as an alternative. In addition,
appropriate screening shall be provided to block visual evidence of
the stored vehicles and/or equipment from any road directly adjacent
to the light industrial zone and/or any institutional property such
as schools, churches, etc., or property zoned residential or commercial
directly adjacent to the light industrial zone.
(8)
All storage facilities shall be in conformance with the applicable
regulations as set forth in the New York State Uniform Fire Prevention
and Building Code.
I.
Dimensional requirements.
(1)
Lot area: minimum of 62,500 square feet.
(2)
Lot width: minimum of 250 feet.
(3)
Lot depth: minimum of 250 feet.
(4)
Front setback: minimum of 35 feet on internal or subdivision streets.
Minimum of 40 feet on existing arterial or collector highways.
(5)
Side setback: minimum 10 feet, except that where a Light Industrial
District abuts a residential or commercial district, the setback shall
be 40 feet.
(6)
Rear setback: minimum of 50 feet.
(7)
Maximum lot coverage by buildings, structures and all impervious
surfaces shall be 80% of the total lot area.
(8)
Maximum building height shall be 45 feet.
(9)
All building shall have a pitched roof.
(10)
Driveways shall be constructed in accordance with the NYS Fire
Code and shall be no less than 20 feet in width and no more than 50
feet in width. The area between the sidewalk and road shall be paved.
If there is no sidewalk, the first 20 feet from the road of said driveway
shall be paved.
J.
Off-street parking and loading requirements. The following standards
shall be used as a guide for the provision of off-street parking and
loading facilities. The Zoning Board of Appeals may, during site plan
review, increase or decrease these standards for specific uses.
[Amended 9-12-1983 by L.L. No. 3-1983; 1-30-1995 by L.L. No.
1-1995; 11-8-2011 by L.L. No. 6-2011; 12-6-2011 by L.L. No.
8-2011; 2-10-2012 by L.L. No. 1-2012]
A.
Purpose. It is the purpose of the Planned Residential Development
(PRD) to provide flexible land use and design regulations through
the use of performance criteria so that small to large neighborhoods
or portions thereof may be developed within the Village that incorporate
a variety of residential uses. These areas will contain both individual
building sites as well as common property which will be planned and
developed as a unit. Where a PRD is deemed appropriate through the
rezoning of land to become a PRD District by the Village Board, the
set of use and dimensional specifications elsewhere in this chapter
are herein replaced by an approval process in which an approved plan
becomes the basis for continuing land use controls. The PRD District
shall be applicable to any area of the Village where the applicant
can demonstrate that the characteristics of his holdings will meet
the objectives of this district.
B.
Permitted uses. The following uses and their accessory uses are permitted
outright:
(1)
All residential types. In developing a balanced community, the use
of a variety of housing types shall be deemed most in keeping with
this district. Specifically included are all senior citizen residential
types, adult homes, nursing home communities and similar residential
facilities.
(2)
Recreation and open space uses which are scaled primarily to serve
the residents of the PRD District. The open space shall comprise at
least 25% of the development area unless deemed inappropriate or impractical
by the Zoning Board of Appeals in connection with the site plan approval
required hereinafter. Open space is defined as land that is available
and is accessible for public recreational use and no other. There
shall be no permanent occupancy allowed on land designated as open
space.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following nonresidential uses are permitted:
(1)
Nonresidential uses, scaled primarily to serve the specific needs
of the residents of the district, rather than provide additional general
commercial usage. Space allocated for such nonresidential uses shall
comprise not more than 0.3 acre of the entire PRD District, including
space for off-street parking, unless more or less extensive use is
deemed appropriate or advisable by the Zoning Board of Appeals in
connection with the site plan approval as required hereinafter. Nonresidential
uses within a PRD District shall be consolidated into a single area
within the district but not along the periphery. In recognition of
the unique restrictions and limitations which impact nonresidential
uses within a PRD District, various requirements which are otherwise
imposed upon commercial use within the Village may be modified or
waived, upon good cause shown, including but not limited to requirements
regarding off-street parking.
(a)
Buildings engaged in approved nonresidential use activity within
a PRD District shall be of similar or complimentary architecture to
the approved architectural scheme of the district. Signage shall be
limited to a single sign per building or business, may be either attached
or projecting, and limited to a maximum of four square feet in sign
area.
(b)
Additions and/or changes to structures, landscaping, and signage
related to a nonresidential use within a PRD District shall be submitted
and approved in accordance with the same requirements as structures
located in an architectural district.
(2)
Permitted nonresidential uses are the following:
D.
Requirements.
(3)
All dwelling units within a PRD District shall have a living area
computed on the outside dimensions of the dwelling unit of not less
than 1,120 square feet.
(4)
The PRD District in total shall have a maximum of eight dwelling
units per acre. Calculation of such dwelling unit density shall not
include areas designated as open space.
(5)
All dwelling units must have a full basement.
(6)
Effective buffering areas shall be provided where a PRD District
borders any properties within R District. Such buffers shall be in
the form of either single-family residences or its equivalent in open
space. Such single-family residences shall be in character and features
similar to or exceeding that of the adjacent residential properties.
A roadway, street or alley shall not be used in such buffer area.
Trailways may be provided within such buffer areas of open space.
The Zoning Board of Appeals shall determine any additional landscape
features as may be necessary to provide an effective buffer area.[1]
(7)
Any property less than 15 acres in area cannot be considered for
PRD zoning.
(8)
All dwelling units must have a minimum twelve-foot-wide single-car
garage.
E.
Special provisions.
(1)
The following objectives shall be considered in the development of
a PRD District:
(a)
Provide for a maximum choice in the types of environment, occupancy,
tenure, types of housing, lot sizes and community facilities available
to existing and potential Village residents.
(b)
Provide for usable open space and recreation areas and other
facilities serving the community, such as trail ways to neighboring
properties, sitting benches and the like.
(c)
Provide for access to trail ways, open space and other community
services through clearly designated pathways and the designation of
such pathways as part of project development.
(d)
Provide for convenient location of accessory commercial and
service areas.
(e)
Provide for safe and convenient pedestrian access to public
transportation facilities.
(f)
Provide for auxiliary parking as may be necessary; such parking
areas to be treated with appropriate landscaping or structural features
to allow a more aesthetic presentation to the entire district.
(g)
Provide for the preservation of trees, outstanding natural topography
and geologic features and the preservation of soil erosion.
(h)
Provide for a creative use of land and related physical development
which allows orderly transition of land from rural to urban uses.
(i)
Provide for an efficient use of land resulting in smaller networks
of utilities and streets and thereby lowering housing costs.
(j)
Provide for service alleys to allow safe and adequate access
to structures in the district for purposes of refuse removal, emergency
access and other public or private services.
(k)
Provide for a development pattern consistent with the objectives
of the Comprehensive Plan.
(l)
Provide for special security needs of persons and property within
such district as deemed necessary by the nature of the development.
(m)
Provide for a more desirable environment than would be possible
through the strict application of other provisions of this chapter.
(n)
Promote community housing in an unique setting, appropriate
to the anticipated residents of each such community, utilizing homeowners'
associations, deed restrictions and other regulatory procedures where
appropriate.
(2)
The tract of land for a project may be owned, leased or controlled
either by a single person, corporation, or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by owners of all property included in a project. In the case of multiple
ownership, the approved plan shall be binding on all owners.
(3)
Before the consideration of zoning of any property to a PRD can take place by the Village Board, the owner or his authorized agent shall apply for and secure preliminary site plan approval of such PRD in accordance with the site plan approval procedures established in Article V. Upon receipt of a favorable report from the Zoning Board of Appeals covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board shall set a date for and conduct the public hearings necessary for the purpose of considering PRD Districting for the applicants plan in accordance with the procedures established in Article V. PRD Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article V and compliance with all additional conditions and requirements as may be set forth by the Village Board in its resolution granting the PRD District.
(4)
The Zoning Board of Appeals shall determine in each case the appropriate
land use intensity or dwelling unit density for individual projects.
The determination of land use or dwelling unit densities shall be
completely documented, including all facts, opinions and judgments
justifying the selection of the rating or density.
(5)
When common property exists, the ownership of such common property
may be either public or private. When common property exists in private
ownership, satisfactory arrangements must be made for the improvements,
operation and maintenance of such common property and facilities,
including private street, drives, service and parking areas and recreational
and open space areas.
(6)
Site plan review under the provisions of Article V shall suffice for Village Board of Trustees review of subdivisions under Village Subdivision Regulations, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable
for filing with the office of the Monroe County Clerk, in addition
to those drawings required for site plan review.
(b)
The developer shall plat the entire development as a subdivision;
however, PRDs being developed in stages may be platted and filed in
the same stage.
(c)
Final site plan approval under Article V shall constitute final plat approval under the Village Subdivision Regulations.
(d)
Proposals for structures and/or landscaping must be submitted
and approved in accordance with the same requirements as structures
located in an architectural district.
(7)
For the purposes of regulating the development and use of property after initial construction and occupancy, any changes proposed shall require review and approval by the Zoning Board of Appeals in accordance with Article V. Any changes other than changes in use shall be processed as a conditional use request to the Zoning Board of Appeals. Changes of use shall also be processed as a conditional use request, except that Village Board approval shall be required. Properties lying in a PRD District are unique and shall be so considered when evaluating these requests and maintenance of the intent and function of the planned unit shall be of primary importance.
F.
Financial responsibility. No building permits shall be issued for
construction within a PRD District until improvements are installed;
or cash is deposited with the Village Treasurer in an amount sufficient
to cover the cost of installing such improvements, together with an
agreement executed by the builder or developer authorizing the Village
to use such deposited funds to complete the improvements if not completed
by an agreed date; or a letter of credit or bond is posted in accordance
with the same procedures as provided for in the Village Law relating
to subdivisions.
[Added 3-17-1998 by L.L. No. 2-1998; amended 12-4-2007 by L.L. No.
6-2007; 8-5-2008 by L.L. No. 3-2008; 11-8-2011 by L.L. No.
6-2011]
A.
Purpose. It is the purpose of the Planned Residential Development
- S (PRD-S) to provide flexible land use and design regulations through
the use of performance criteria so that small to large neighborhoods
or portions thereof may be developed within the Village that incorporate
a variety of residential uses. These areas will contain both individual
building sites as well as common property which will be planned and
developed as a unit. The PRD-S shall be applicable to any area of
the Village where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this district.
B.
Permitted uses. The following uses and their accessory uses are permitted
outright:
(1)
All residential types. In developing a balanced community, the use
of a variety of housing types shall be deemed most in keeping with
this district. Specifically included are all senior citizen residential
types, adult homes, nursing home communities and similar residential
facilities.
(2)
Recreation and open space uses which are scaled primarily to serve
the residents of the PRD-S. The open space shall comprise at least
25% of the development area unless deemed inappropriate or impractical
by the Zoning Board of Appeals in connection with the site plan approval
required hereinafter. Open space is defined as land that is available
and is accessible for public recreational use and no other. There
shall be no permanent occupancy allowed on land designated as open
space.
C.
Conditional uses. Upon site plan approval and in accordance with Article IV, the following nonresidential uses are permitted:
(1)
Permitted nonresidential uses shall be scaled primarily to serve
the specific needs of the residents of the district, rather than provide
additional general commercial usage. Space allocated for such nonresidential
uses shall comprise not more than 0.3 acre of the entire PRD-S, including
space for off-street parking, unless more or less extensive use is
deemed appropriate or advisable by the Zoning Board of Appeals in
connection with the site plan approval as required hereinafter. Nonresidential
uses within a PRD-S shall be consolidated into a single area within
the district but not along the periphery. In recognition of the unique
restrictions and limitations which impact nonresidential uses within
a PRD-S, various requirements which are otherwise imposed upon commercial
use within the Village may be modified or waived, upon good cause
shown, including but not limited to requirements regarding off-street
parking.
(a)
Buildings engaged in approved nonresidential use activity within
a PRD-S shall be of similar or complimentary architecture to the approved
architectural scheme of the district. Signage shall be limited to
a single sign per building or business, may be either attached or
projecting, and limited to a maximum of four square feet in sign area.
(b)
Additions and/or changes to structures, landscaping, and signage
related to a nonresidential use within a PRD-S shall be submitted
and approved in accordance with the same requirements as structures
located in an architectural district.
(2)
Permitted nonresidential uses are the following:
D.
Dimensional requirements.
[Amended 2-7-2012 by L.L. No. 1-2012]
(1)
All single-family dwelling units within a PRD-S District shall have
a living area computed on the following outside dimensions of the
dwelling unit:
(a)
One-story dwelling with one and two bedrooms on the ground floor
shall not be less than 1,020 square feet.
(b)
One-story dwelling with three bedrooms or more on the ground
floor shall not be less than 1,120 square feet.
(c)
Split-level dwelling: not less than 1,120 square feet above
ground, finished.
(d)
Two-story dwelling: not less than 1,300 square feet total, finished,
on both floors.
(e)
Raised-ranch dwelling: not less than 1,600 square feet, with
980 square feet above ground, finished.
(f)
The area of porches and auto garages shall not be included in
the computation of the above square footage.
(2)
All multiple residential dwelling units within a PRD-S shall have
a living area computed on the outside dimensions of the dwelling unit
based on the following criteria:
|
Type of Apartment
|
Minimum Unit Size
(square feet)
| |
|---|---|---|
|
Efficiency
|
550
| |
|
One-bedroom
|
700
| |
|
Two-bedroom
|
850
| |
|
Three or more bedrooms
|
1,120
|
(3)
Additional requirements for both residential and multiple residential
dwelling units shall be as follows:
[Amended 2-10-2012 by L.L. No. 1-2012]
(a)
A minimum of a one-foot overhang on the roof on the front and
rear homes.
(b)
A minimum of five inches of rake on the gable roof end.
(c)
A minimum of a twelve-foot-wide single-car garage, either attached
or detached.
(d)
A sump pump connected to the Village storm sewer.
(e)
Two exit doors.
(f)
The area between the gutter and sidewalk shall be paved the
width of the driveway.
(g)
Full basements shall be required for all single-family homes
and apartments.
(h)
There shall be no more than three single-family detached homes
of substantially similar style located on three adjacent lots which
front on the same street.
(i)
For single-family dwelling units, a tree must be planted for
each parcel except on a corner lot which shall require two trees to
be planted, one on each side of the lot facing the road.
(4)
The PRD-S density in total shall not exceed eight dwelling units
per acre. Calculation of such dwelling unit density shall not include
areas designated as open space.
(5)
Effective buffering areas shall be provided where a PRD-S borders
on any properties within R District. Such buffers shall be in the
form of either single-family residences or its equivalent in open
space. Such single-family residences shall be in character and features
similar to or exceeding that of the adjacent residential properties.
A roadway, street, or alley shall not be used in such buffer area.
Trail ways may be provided within such buffer areas of open space.
The Zoning Board of Appeals shall determine any additional landscape
features as may be necessary to provide an effective buffer area.[1]
[Amended 3-6-2018 by L.L. No. 1-2018
[1]
Editor's Note: Former Subsection D(6), which provided that
any property less 15 acres could not be considered for PRD-S zoning,
and which immediately followed this subsection, was repealed 8-4-2020
by L.L. No. 1-2020.
E.
Special provisions.
[Amended 12-6-2011 by L.L. No. 8-2011]
(1)
The following objectives shall be considered in the development of
a PRD-S:
(a)
Provide for a maximum choice in the types of environment, occupancy,
tenure, types of housing, lot sizes and community facilities available
to existing and potential residents.
(b)
Provide for usable open space and recreation areas and other
facilities serving the community, such as trail ways to neighboring
properties, sitting benches and the like.
(c)
Provide for access to trail ways, open space and other community
services through clearly designated pathways as part of the project
development.
(d)
Provide for convenient location of accessory commercial and
service areas.
(e)
Provide for safe and convenient pedestrian access to public
transportation facilities.
(f)
Provide for auxiliary parking as may be necessary; such parking
areas to be treated with appropriate landscaping or structural features
to allow a more aesthetic presentation to the entire district.
(g)
Provide for the preservation of trees, outstanding natural topography
and geologic features and the preservation of soil erosion.
(h)
Provide for a creative use of land and related physical development
which allows orderly transition of land from rural to urban uses.
(i)
Provide for an efficient use of land resulting in smaller networks
of utilities and streets and thereby lowering housing costs.
(j)
Provide for service alleys to allow safe and adequate access
to structures in the district for purposes of refuse removal, emergency
access and other public or private services.
(k)
Provide for a development pattern consistent with the objectives
of the Comprehensive Plan.
(l)
Provide for special security needs of persons and property within
such district as deemed necessary by the nature of the development.
(m)
Provide for a more desirable environment than would be possible
through the strict application of other provisions of this chapter.
(n)
Promote community senior housing in an unique setting, appropriate
to the anticipated residents of each such community, utilizing homeowners
or condominium associations, deed restrictions and other regulatory
procedures where appropriate.
(2)
The tract of land for a project may be owned, leased or controlled
either by a single person, corporation, or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by owners of all property included in a project. In the case of multiple
ownership, the approved plan shall be binding on all owners.
(3)
Before the consideration of zoning of any property to a PRD-S can take place by the Village Board, the owner or his authorized agent shall apply for and secure preliminary site plan approval of such in accordance with the site plan approval procedures established in Article V. Upon receipt of a favorable report from the Zoning Board of Appeals covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board shall set a date for and conduct the public hearings necessary for the purpose of considering PRD-S Districting for the applicants plan in accordance with the procedures established in Article V. PRD-S Districting shall be conditional upon securing of final site plan approval by the applicant in accordance with procedures set forth in Article V and compliance with all additional conditions and requirements as may be set forth by the Village Board in its resolution granting the PRD-S.
(4)
The Zoning Board of Appeals shall determine in each case the appropriate
land use intensity or dwelling unit density for individual projects.
The determination of land use or dwelling unit densities shall be
completely documented, including all facts, opinions and judgments
justifying the selection of the rating or density.
(5)
When common property exists, the ownership of such common property
may be either public or private. When common property exists in private
ownership, satisfactory arrangements must be made for the improvements,
operation and maintenance of such common property and facilities,
including private street, drives, service and parking areas, recreational
and open space areas.
(6)
Site plan review under the provisions of Article V shall suffice for Village Board of Trustees review of subdivisions under Village Subdivision Regulations, subject to the following conditions:
[Amended 12-6-2011 by L.L. No. 8-2011]
(a)
The developer shall prepare sets of subdivision plats suitable
for filing with the office of the Monroe County Clerk, in addition
to those drawings required for site plan review.
(b)
The developer may either plat the entire development as a subdivision
or as a single property; however, PRD-S being developed in stages
may be platted and filed in the same stage.
(c)
Final site plan approval under Article V shall constitute final plat approval under the Village Subdivision Regulations.
(d)
Proposals for structures and/or landscaping must be submitted
and approved in accordance with the same requirements as structures
located in an architectural district.
(7)
For the purposes of regulating the development and use of property after initial construction and occupancy, any changes proposed shall require review and approval by the Zoning Board of Appeals in accordance with Article V.
(8)
Any changes other than changes in use shall be processed as a conditional
use request to the Zoning Board of Appeals. Changes of use shall also
be processed as a conditional use request, except that Village Board
approval shall be required. Properties lying in a PRD-S are unique
and shall be so considered when evaluating these requests and maintenance
of the intent and function of the planned unit shall be of primary
importance.
F.
Financial responsibility. No building permits shall be issued for
construction within a PRD-S until improvements are installed; or cash
is deposited with the Village Treasurer in an amount sufficient to
cover the cost of installing such improvements, together with an agreement
executed by the builder or developer authorizing the Village to use
such deposited funds to complete the improvements if not completed
by an agreed date; or a letter of credit or bond is posted in accordance
with the same procedures as provided for in the Village Law relating
to subdivisions.
[Added 12-7-1987 by L.L. No. 6-1987; amended 3-17-1998 by L.L. No.
2-1998; 7-5-2005 by L.L. No. 3-2005; 12-4-2007 by L.L. No.
6-2007; 11-8-2011 by L.L. No. 6-2011; 2-7-2012 by L.L. No.
1-2012; 2-4-2014 by L.L. No. 1-2014]
A.
Purpose and objectives. The purpose of this district is to provide
an area of mixed residential, commercial and noncommercial uses in
buildings that appear residential in design and in a fashion that
is consistent with the distinct and historical character of the district
to act as a compatible transitional area.
B.
Permitted uses. The following uses are permitted outright when conducted
within a completely enclosed building:
(1)
Administrative, professional or executive offices, including but
not limited to real estate, lawyer, accounting and financial planning,
municipal offices, insurance, counselor, travel, psychologist and
social work offices.
(2)
Offices or clinics for the medical care and treatment of human beings.
(3)
Churches and other places of worship.
(4)
Conference rooms.
(5)
Funeral homes and mortuary services.
(6)
Personal services, including but not limited to hairstylists, tanning
salons and nail salons, dressmaking, tailor and shoe repair.
(7)
Laundromats, laundry and/or dry-cleaning pickup stations.
(8)
Banks, savings and loans, credit unions and similar financial institutions,
not including any drive-up services or facilities.
(9)
Bed-and-breakfast.
(10)
Art and photo studios.
(11)
Pet grooming.
C.
D.
Conditional use permits. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
E.
Dimensional requirements:
(1)
Building height. All buildings must be two stories, with total height
not to exceed 45 feet.
(2)
Front setback: minimum of 10 feet. Any property line adjacent to
a street shall be deemed a front line.
(3)
Rear and side setbacks: minimum of eight feet each, except that where
a Limited Commercial District abuts a residential district, the setbacks
shall each be 20 feet.
(4)
All buildings shall have the following:
(a)
At least one entrance facing the street.
(b)
A pitched roof.
(c)
A minimum of a one-foot overhang on all sides of the roof.
(d)
A single-story garage of no less than 12 feet wide, no more
than 36 feet wide, and no more than 24 feet in depth.
(e)
A sump pump connected to the Village storm sewer.
(f)
A minimum of two exit doors.
(g)
A full basement of no less than eight feet below grade.
(5)
There shall be no more than three detached structures of substantially
similar style located on three adjacent lots which front on the same
street.
(7)
All development shall employ building and site design standards to
ensure compatibility with adjacent residential development.
(9)
Driveways shall be constructed in accordance with the NYS Fire Code
and shall be no less than 12 feet in width and no more than 24 feet
in width. The area between the sidewalk and road shall be paved. If
there is no sidewalk, the first 20 feet from the road of said driveway
shall be paved.
I.
Site plan approval. Except as otherwise provided in this article, site plan approval by the Zoning Board of Appeals shall be required for changes in use, new construction or alterations, in accordance with the procedures established in Article V. Notwithstanding the foregoing, no structure originally designed for residential use shall be altered or converted in whole or in part to a nonresidential use permitted under this section prior to review and approval of plans therefor by the Zoning Board of Appeals.
J.
Commencement of development. All approvals and permits must be acted
upon within two years. An extension may be applied for and issued
if approved by the issuing Board.
K.
Performance standards. No limited commercial use shall be established or maintained unless it complies with the performance standards as set forth in § 275-17E. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy and/or zoning permit.
[Added 7-5-2005 by L.L. No. 3-2005; amended 11-8-2011 by L.L. No.
6-2011; 2-4-2014 by L.L. No. 1-2014]
A.
Purpose and objectives. The purpose of this district is to establish
mixed-use areas for convenient shopping and services to serve the
community and to regulate the location, design and use of structures
and land therein in a fashion that is consistent with the distinctive
and historical character of the district.
B.
Permitted uses. The following uses are permitted outright only when
conducted within a completely enclosed building:
(1)
Administrative, professional or executive offices, including but
not limited to real estate, lawyer, accounting and financial planning,
municipal offices, insurance, counselor, travel, psychologist and
social work.
(2)
Offices or clinics for the medical care and treatment of human beings.
(3)
Retail sales and, as an accessory use thereto, manufacturing or processing
of articles incidental to the conduct of such retail business and
not including any drive-up services or facilities.
(4)
Personal services, including but not limited to hair stylists, tanning
salons and nail salons, dressmaking, tailor and shoe repair.
(5)
Laundromats, laundry and/or dry-cleaning pickup stations.
(6)
Eating and drinking establishments, not including any drive-up services
or facilities.
(7)
Banks, savings and loans, credit unions and similar financial institutions,
not including any drive-up services or facilities.
(8)
Theaters.
(9)
Pet grooming.
(10)
Conference rooms only on the second floor.
C.
Conditional use permits. Upon site plan approval and in accordance with Article IV, the following uses are permitted:
(1)
Drive-up teller windows and or/automatic teller machines in conjunction
with a bank, savings or loan, credit union, or similar financial institution.
(2)
Eating and/or drinking establishments with drive-through facilities.
(3)
Apartments above the first floor.
(4)
Retail sales, eating or nonalcoholic drinking to the extent not conducted
entirely within a completely enclosed building.
D.
Dimensional requirements.
(1)
Front setback. All buildings must be constructed to the edge of the
sidewalk. Any property line adjacent to a street shall be deemed a
front line.
(2)
Side setback. All buildings shall be constructed to the side property
lines.
(3)
Rear setback. Minimum of five feet.
(4)
Building height. All buildings must be at least two stories and not
exceed 35 feet.
(5)
All buildings must have a full basement of no less than eight feet
below grade.
(6)
At least 60% of that portion of the first floor of a building which
faces a street shall be transparent. Reflective glass, heavily tinted
glass and any type of opaque window treatments are prohibited. Light
transmission shall be at least 90%. Where visibility into the interior
is not desired, showcase windows with at least three feet of depth
shall be permitted.
(7)
All buildings shall have flat roofs. Elements may protrude along
the facade above the roof line for aesthetic purposes, provided the
flat roof line remains predominant.
(8)
All buildings must have a sump pump connected to the Village storm
sewer.
(9)
All buildings must have at least one entrance facing the street.
H.
Site plan approval. Except as otherwise provided in this article, site plan approval by the Zoning Board of Appeals shall be required for changes in use, new construction or alterations, in accordance with the procedures established in Article V.
I.
Commencement of development. All approvals and permits must be acted
upon within two years. An extension may be applied for and issued
if approved by the issuing board.
