A.
Permitted principal uses.
(1)
Farms and related farming activities, excluding
the keeping of livestock, provided that no storage of manure or odor
or dust-producing substance shall be permitted within 100 feet of
an adjoining lot line.
(2)
Single-family dwellings.
(3)
Churches and other similar places of worship,
parish homes, convents and other such facilities of recognized religious
groups.
(4)
Public buildings, libraries, museums, public
and nonprofit private schools, accredited by the State of New York
Education Department.
(5)
Municipal parks, playgrounds, and recreation
areas deemed necessary and appropriate by the Village Board.
(6)
Landscape nurseries.
[Amended 3-12-1985 by L.L. No. 4-1985]
(7)
Mobile home parks, subject to the regulations
of § 601D.
[Amended 3-12-1985 by L.L. No. 4-1985]
B.
Permitted accessory uses.
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such
as private swimming pools, trellises, lamp posts, and the like.
(5)
Customary farm buildings and/or nursery buildings
for the storage of products or equipment located on the same parcel
as the principal use.
(8)
Satellite receiving antenna.
[Added 3-12-1985 by L.L. No. 4-1985]
(9)
Solar panels.
[Added 3-12-1985 by L.L. No. 4-1985]
D.
Regulations applicable to mobile home parks.
(1)
Mobile home parks may be permitted in Agricultural-Conservation
(A) and Low Density Residential (LR) Districts, provided that the
following standards and procedures are adhered to:
(2)
Tract requirements.
(a)
The minimum tract size shall be 10 acres and such tract shall front upon a collector street as designated in the Comprehensive Plan of the Village of Dansville and such streets shall be improved to collector street standards as set forth in Chapter 285, Subdivision of Land, of the Code of the Village of Dansville.
(b)
A front yard setback of 55 feet shall be observed
from the center line of any road bordering the site to any mobile
home in the park.
(c)
A setback of 40 feet shall be observed from
any property line not also a street line or street center line to
any mobile home in the park.
(d)
Within each setback required by Subsection D(2)(c) above, there shall be a landscape screen planted and maintained which shall consist at a minimum of the planting of two staggered rows of evergreen trees no further apart than six feet on center and at least four feet in height. The base of any such planting shall be no closer than 10 feet or more than 40 feet from the property line and shall be so arranged around entrances and exits to preclude interference with sight distance or vehicular safety. Said planting shall be posted with the Village Board in an amount equal to 25% of the estimated cost of trees and planting. Said guarantee shall be released only after the passage of the second growing season (May through September) after planting at which time a pro rata amount shall be deducted up to the full amount of the guarantee for trees not living.
(e)
The tract shall be located and laid out so that
no mobile home shall be closer than 100 feet to any existing single-family
detached or two-family dwelling.
(f)
All interior roads shall be improved to the construction standards for minor streets set forth in Chapter 285, Subdivision of Land, of the Code of the Village of Dansville.
(g)
Entrance and exits shall be so located to provide
a minimum sight distance on the adjacent public road in both directions
from the interior road at the point of intersection of not less than
300 feet.
(h)
Each mobile home park shall provide a water
reservoir or an approved water supply system for fire-protection use,
which shall be certified as adequate by the Dansville Fire Department.
(i)
Each mobile home park shall set aside 20% of
the total acreage of the site as open space and recreation area. A
portion of such area shall be set aside for and equipped as a playground.
A building shall be constructed within such area for the common use
of residents for recreational purposes. Such building shall not contain
less than 200 square feet of gross floor area or less than two square
feet for each mobile home lot created within the park.
(j)
Sidewalks shall be constructed along at least
one side of all interior streets having a minimum width of three feet
in accordance with specifications of the Village Engineer.
(k)
Appropriate streetlighting shall be installed
on the interior streets with the minimum number of lights being one
at each intersection of interior streets with each other or with abutting
public roads, and one at least every 200 feet where such intersections
are more than 200 feet apart.
(3)
Lot requirements.
(a)
Each mobile home lot or site shall have an area
of at least 7,000 square feet, with a minimum width of 65 feet.
(b)
No mobile home shall be closer than 30 feet
to another mobile home or other structure within the park.
(c)
Not more than one mobile home may be placed
on any lot or site and there shall be no detached accessory structures
on a lot or site.
(d)
Each lot or site shall be provided with approved
connections for water and sewer in accordance with the regulations
of the Livingston County and New York State Department of Health,
and electricity and telephone.
(e)
A surface parking pad shall be provided on each
lot or site for one mobile home and one automobile.
(f)
At least one shade tree of not less than two
inches in diameter one foot above ground level shall be planted on
each lot or site which shall be guaranteed in the manner and according
to the conditions set forth in § 601D(2)(d).
(g)
Each lot or site shall front upon an approved
interior street.
(h)
Temporary storage of trash and refuse should
be in a manner approved by the Livingston County Health Department
and in such a manner as to be shielded from public view.
(i)
No front or side yard shall be used for storage.
(4)
At the time of application for a zoning permit
for a mobile home park, the applicant shall submit to the Code and
Zoning Enforcement Officer the required plans and supporting documents
sufficient to show that each of the above requirements are met, in
accordance with § 204A.
A.
Permitted principal uses.
D.
Regulations applying to cluster residential development.
(1)
This section is intended and designed to provide
a means for the development of large tracts of land on a unit basis
by allowing greater flexibility in overall residential site design
and building location than the conventional single-lot method provided
in other sections of this chapter. It is the intent of this section
that the basic principles of an integrated system of residential and
open space development be encouraged through special zoning regulations
and Village Planning Board site review.
(2)
Permitted uses: single-family residences.
(3)
Minimum site size: 20 acres.
E.
Regulations applying to planned unit development (PUD).
The intent of the planned unit development provision is to provide
a greater degree of flexibility for the development of large tracts
of land proposed for development under a single or corporate ownership,
which proposes to provide residential, commercial, and industrial
activities on the same parcel in a planned, controlled environment.
A planned unit development proposal may contain both individual building
sites and common property which are proposed for development as an
integrated mixed land use unit. Limited retail and service commercial
uses, closely related to the residential sections of a proposed planned
unit development are encouraged to provide a limited, daily convenience
level of nearby shopping needs, in a manner blending area land uses
into an aesthetically complementary whole, within the framework of
the Comprehensive Plan.
(1)
To implement the intent of the planned unit
development provision, the following objectives must be met:
(a)
The proposed project area shall encompass a
contiguous minimum land area of 20 acres of the Village of Dansville.
(b)
In no case shall there be less than 20% of the
total land area in common open space. All such land area proposed
for common open space shall be offered for dedication to the Village
Board of the Village of Dansville.
(c)
Commercial activities shall be planned and constructed
in a manner architecturally similar and complementary to the residential
units within the proposed development.
(d)
The proposed plan shall contain no less than
150 dwelling units.
(e)
The requirements of the law, insofar as density,
minimum lot area, minimum lot width, minimum side and rear lot areas,
and maximum lot coverage are as specified in the schedule of this
chapter.[1] All other requirements of this chapter shall be adhered
to.
[1]
Editor's Note: The schedule is included as an attachment to
this chapter.
(2)
Application procedure (tentative). In order
to provide for an expeditious method of processing a proposed planned
unit development application, the application in the form of a letter
of intent and an accurate preliminary plan drawn to scale shall provided
in triplicate to the Village Board. The Village Board, upon receipt
of the proposal, shall send one copy to the Village of Dansville Planning
Board for review and recommendations. All planning, zoning and subdivision
matters relating to the platting, use and development of the proposed
plan shall be determined and established by the Village Board after
recommendation to the Village Board by the Village Planning Board.
(3)
The application shall explain and show the following
information:
(a)
Location and extent of all proposed land use
including open space.
(b)
All interior streets, roads, easements and their
planned public or private ownership, as well as all points of access
and egress from existing public rights-of-way.
(c)
Specific delineation of all uses indicating
the number of residential units and the density of each residential
housing type, as well as the overall project density.
(d)
The overall water and sanitary sewer system
with proposed points of attachment to existing systems; evidence of
preliminary discussion and approval of the New York State Department
of Health of the proposed sewer and water system or their recommended
modifications.
(e)
Description of the manner in which any areas
that are not to become publicly owned, are to be maintained, including
open space, streets, lighting and others according to the proposals.
(f)
If the development is to be phased, a description
and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed
per phase.
(g)
Evidence as required by the reviewing boards
of the applicant's ability to complete the proposed planned unit development.
(h)
A description of any covenants, grants or easements
or other restriction proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the landowner setting
forth the reasons why, in his opinion, the proposal would be in the
public interest and would be consistent with the Village goals and
objectives.
(4)
Public hearing; tentative approval.
(a)
Within 60 days after receipt of the recommendations
of the Village Planning Board, the Village Board shall hold one or
more public hearings, as needed, public notice of which shall have
been given in accordance to § 7-706 of the Village Law to
determine the advisability of the proposal. The Village Board shall,
within 45 days following the conclusion of the hearings, either (a)
grant tentative approval of the Planned Unit Development as submitted,
(b) grant tentative approval of the Planned Unit Development subject
to specified written conditions imposed by the Village Board, or (c)
deny tentative approval of the proposal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
In the event that tentative approval is granted,
either of the proposal as submitted, or with conditions, the Village
Board shall, as part of its resolution, specify the drawings, specification
and performance bond that shall be required to accompany an application
for final approval, the landowner shall within 30 days notify the
Village Board of his acceptance of or refusal to accept all specified
conditions. If the landowner refuses to accept the conditions outlined,
the Village Board shall be deemed to have denied tentative approval.
If the landowner accepts, the proposal shall stand as granted.
(c)
Tentative approval shall not qualify a proposal for recording nor
authorize development or the issuance of building permits.
(5)
Factors for consideration. The Planning Board's
review of a preliminary plot development plan shall include, but is
not limited to, the following considerations:
(a)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic
access and circulation including separation of pedestrian form vehicular
traffic, walkway structures, control of intersections with vehicular
traffic, and pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Location, arrangement, size and design of buildings,
lighting and signs.
(e)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting visual and/or noise deterring buffer
between and adjacent uses.
(f)
In case of multiple-family dwellings, the adequacy
of usable open space for playgrounds and informal recreation.
(g)
Adequacy of stormwater and sanitary waste disposal
facilities.
(h)
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(i)
Protection of adjacent properties against noise,
glare, unsightliness, or other objectionable features.
(j)
The relationship of the proposed land uses to
adjacent land uses and the use to buffer areas and open space to provide
a harmonious blending of existing and proposed uses.
(k)
Conformance with other specific recommendation
of the Village Board which may have been stated in the Board's resolution
under § 602E(4).
(6)
Application for final approval.
(a)
An application for final approval may be for
all the land included in a plan, or the extent set forth in the tentative
approval, for a section thereof. Said application shall be made to
them official of the Village Board and of the Planning Board designated
by the law and within the time or times specified by the resolution
granting tentative approval. The application shall include such drawings,
specifications, covenants, easements, conditions and form of performance
bond as were set forth by written resolution of the Village Board
at the time of tentative approval. A public hearing on an application
for final approval of the plan, or part thereof, shall be required,
unless the plan, or the part thereof, submitted for final approval,
is in the judgment of the Village Board, in substantial compliance
with the plan theretofore given tentative approval.
(b)
In the event a public hearing is not required
for final approval, and the application for final approval has been
filed, together with all drawings, specifications, and other documents
in support thereof, and as required by the resolution of tentative
approval, the Village Board shall, within 30 days of such filing and
after receipt of a report thereon by the Village Municipal Planning
Board grant such plan final approval; provided, however, that, in
the event the plan as submitted contains variations from the plan
given tentative approval but remains in substantial compliance with
the plan as submitted for tentative approval, the Village Board may,
after a meeting with the landowner, refuse to grant final approval
and shall, within 30 days from the filing of the application for final
approval, so advise the landowner in writing of said refusal, setting
forth in said notice the reasons why one or more of said variations
are not in the public interest. In the event of said refusal the landowner
may 1) file his application for final approval without the variations
objected to by the Village Board on or before the last day of the
time within which he was authorized by the resolution granting tentative
approval to file for final approval, or within 30 days from the date
he received notice of said refusal whichever date shall last occur;
or 2) treat the refusal as a denial of final approval and so notify
the Village Board.
(c)
In the event the plan as submitted for final approval is not in substantial compliance with as given tentative approval, the Village Board shall, within 30 days of the date the application for final approval is filed, so notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance. The landowner may 1) treat said notification as a denial of final approval; or 2) refile his plan as tentatively approved; or 3) file a written request with the Village Board that it hold a public hearing on application for final approval. If the landowner shall elect either alternative 2) or 3) above, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of time within which he was authorized by resolution granting tentative approval to file for final approval, or 30 days from the date he received notice of said refusal, whichever date shall last occur. Any such public hearing shall be held within 30 days after request for the hearing is made by the landowner, and notice thereof shall be given and the hearings shall be conducted in the manner prescribed in § 7-706 of the Village Law. Within 45 days after the conclusions of the hearing, the Village Board shall by resolution either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under Subsection E(6)(c) be in the form and condition the findings required for a resolution on an application for tentative approval set forth in § 602E(4).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
A plan, or any part thereof, which has been
given final approval by the Village Board shall be so certified without
delay by the Village Clerk-Treasurer and shall be filed on record
forthwith in the office of the County Clerk before any development
shall take place in accordance therewith. Upon filing of record of
the plan, the zoning and subdivision regulations otherwise applicable
to the land included in the plan shall cease to apply thereto. Pending
completion within five years of said planned development or of that
part thereof, as the case may be, that has been finally approved,
no modifications of the provisions of said plan, or part thereof,
shall be made nor shall it be impaired by act of the Village, except
with consent of the landowner.
(e)
In the event that a plan, or section thereof,
is given final approval and thereafter the landowner shall abandon
said plan or section thereof that has been finally approved and shall
so notify the Village Board in writing, or in the event the landowner
shall fail to commence and carry out the planned unit development
within a reasonable period of time after final approval has been granted,
no further development shall take place on the property included in
the plan until after said property is resubdivided and is reclassified
in accordance with the applicable provisions of law.
(7)
Other review.
(a)
Review of laws and plans by county and regional
planning agencies. No section of the law enacted under provisions
of this article shall become effective or plan submitted under this
section be granted tentative or final approval until such tentative
or final plan has been referred for review and comment to the county
planning agency as prescribed herein.
(b)
Upon enactment of such law or receipt of application
for tentative or final approval of such plan, a copy shall be referred
to the county planning agency. Such planning agency or directory shall
within 30 days of receipt of the copy of such law or tentative or
final plan report its recommendations thereon to the referring Village
Board body; if such planning agency of director recommends modification
of a law or plan so referred, the Village Board shall not act contrary
to such recommendations except after adoption of a resolution fully
setting forth reasons for such contrary action.
(c)
In its review, the Planning Board may consult
with the Village Engineer, architectural or planning consultants,
and other Village and county officials, as well as with representatives
of federal and state agencies including the Soil Conservation Service[2] and the New York Department of Conservation. The Planning
Board may require that the design of all structures be made by, or
under the direction of, a registered architect whose seal shall be
affixed to the plans. The Planning Board may also require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare.
[2]
Editor's Note: The title of the "Soil Conservation Service"
has been changed to the "Natural Resources Conservation Service."
(8)
Changes in final plan after approval. No changes
may be made in the approved final plan during the construction of
the planned development except upon application to the appropriate
agency under the procedures provided below:
(a)
Minor changes in the location, siting and height,
length and width of buildings and structures may be authorized by
the Planning Board if required by engineering or other circumstances
not foreseen at the time the final plan was approved. No change authorized
by this section may increase the cube of any building or structure
by more than 10%.
(b)
All other changes in use, any rearrangement
of lots, blocks, and building tracts, any changes in the provision
of common open spaces, and all other changes in the approved final
plan must be approved by the Village Board, under the procedures authorized
by this chapter for the amendment of the Zoning Map. No amendments
may be made in the approved final plan unless they are shown to be
required by changes in the development policy of the community.
[Amended 7-30-1998 by L.L. No. 6-1998]
A.
All uses permitted in § 602.
A.
Permitted uses.
(2)
Two-family dwellings, following a site plan
review by the Planning Board, and subsequent to the approval of that
site plan based upon its conforming with all the requirements contained
in this chapter.
[Amended 3-14-1995 by L.L. No 1-1995]
(3)
Boardinghouses and rooming houses, transient
homes.
(4)
Apartments subject to the requirements of § 604D.
D.
Additional requirements applicable to apartment projects
and two-family dwellings.
[Amended 7-30-1998 by L.L. No. 6-1998]
(1)
Apartment structures may not exceed a density
of 15 dwelling units per net acre of lot area minus street area.
(2)
Driveways for ingress and egress for apartment
developments shall connect with other than minor streets; wherever
possible; shall not be located within 200 feet of an existing street
intersection and shall have a pavement width of at least 22 feet except
where they are within a parking area in which case they shall not
be less than 25 feet in width.
(3)
The minimum yard requirements of the schedule
apply only to the entire tract, and no buildings shall be located
within such yard areas. The minimum distance between buildings in
an apartment development shall be 25 feet except that no wall containing
an entrance to an apartment shall be closer to another apartment building
than 50 feet. No apartment building shall be closer to a preexisting
single-family or two-family dwelling than 50 feet.
(4)
Parking areas may be located in any yard other
than the required front yard but not closer than 10 feet to any property
line and shall comply with all other requirements of the regulations
applicable to all zones in this chapter.
(5)
Every apartment building shall have a minimum
setback of 20 feet from all interior roads, driveways and parking
areas.
(6)
Every apartment development shall be provided
with garbage and refuse collection and storage area screened from
view and away from the fronts of apartment buildings.
(7)
In addition to any storage area within individual
apartment dwelling units, 200 cubic feet of storage area shall be
provided for each dwelling unit in a convenient centrally located
area in the basement or ground floor or elsewhere, where personal
belongings and effects may be stored under lock and separated from
the belongings and effects of other occupants.
(8)
A wall of an apartment structure or parallel
walls of adjacent apartment structures shall not continue in the same
plane for a length of more than 75 feet without an offset of at least
four feet.
(9)
Each apartment development shall provide a playground
area or areas at a standard of 500 square feet for each 10 dwelling
units. Outdoor play equipment shall be installed in each playground
in sufficient amount and variety to service the occupants of the development.
(10)
The entire area of an apartment development
not improved for driveways, parking area or covered by building or
walkways shall be attractively landscaped and seeded and properly
maintained at all times.
A.
Permitted uses.
(1)
Retail businesses and office establishments,
such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods,
and other such food items.
(b)
Drugstores, florists.
(c)
Stationery, tobacco and newspaper stores, luncheonettes,
and confectionery stores.
(d)
Hardware, radio and television stores, small
repair shops.
(e)
Clothing, accessory and jewelry and variety
stores.
(f)
Restaurants and drinking places, not including
drive-ins.
(g)
Automotive supply stores.
(h)
Financial institutions, business and secretarial
schools.
(i)
Department and general merchandise stores.
(j)
Automotive equipment; sales and service and
public garages, including major repair in an enclosed building only.
(k)
Hotels and motels.
(l)
Dry-cleaning and laundry service shops providing
only items of customer supply shall be serviced on the premises. Service
to any product or item from collection points or pickup stations (other
than retail route trucks) shall be prohibited.
(m)
Furniture and appliance stores.
(n)
Paint stores, photo shops and studios.
(o)
Indoor theaters and assembly halls.
(p)
Commercial recreation areas, billiard rooms.
B.
D.
Refer
to § 704B for enclosure requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Permitted principal uses.
(1)
Includes all uses permitted in § 605A(1)
and (2).
(2)
Drive-in eating and drinking establishments,
amusement centers.
(3)
Personal services establishments such as but
not limited to:
(a)
Barbershops and beauty shops.
(b)
Shoe and other repair shops.
(c)
Tailor shops, dry-cleaning pickup stations and
self-service laundries.
(d)
Business and professional offices, banks and
financial institutions.
(e)
Funeral homes.
(f)
Establishments servicing uses such as those
permitted under § 605A(1).
(g)
Animal hospitals and clinics.
(h)
Auto, truck and farm equipment sales and service.
(i)
Used car sales, trailers and camper sales.
(j)
Motor vehicle service stations by special use
permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Other business uses which are similar in nature
and scale to those permitted above.
D.
Refer
to § 704B for enclosure requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Permitted principal uses.
(1)
Any use of light industrial nature is permitted
which involves only the processing, assembly, packaging or storage
of previously or refined materials, provided that at no time will
such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes, or odors, or other atmospheric pollution, electrostatic
interference, objectionable noise, glare or vibration.
(b)
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 use.
(2)
The following uses are indicative of those which
are intended to be permitted:
(a)
Manufacture of machinery such as, but not limited
to, small machine parts, office and household machinery, tool and
die products, etc.
(b)
Fabrication of metal products such as but not
limited to metal foil sheet metal products and household furnishings.
(c)
Fabrication of paper products such as but not
limited to packaging material, office and household supplies, stationery,
toys, etc.
(d)
Fabrication of wood products such as but not
limited to boats, boxes, home cabinets, and woodworking, furniture
and toys, etc.
(e)
Food and associated industries such as but not
limited to bakeries, bottling of food and beverage, food and cereal
mixing and milling, food processing, food sundry manufacturing, etc.
(f)
The manufacturing and processing of pharmaceutical
and cosmetic products.
(g)
The manufacturing and processing of plastics
and chemical products.
(h)
Landscape nurseries, including retail and wholesale
distribution.
(i)
Office buildings for executive, engineering
and administrative purposes.
(j)
Scientific or research laboratories devoted
to research, design and/or experimentation and processing and fabricating
incidental thereto.
(k)
The warehousing of storage of goods and products
such as building materials, farm supplies, and the like, which may
be sold from the premises to the general public. The bulk storage
of fuel for resale is specifically excluded from the intent of the
above.
(l)
Dry-cleaning plants and industrial laundries.
(m)
Airports and related general aviation industrial
operations including maintenance shops.
D.
Other provisions and requirements.
(1)
Each use established in this zone shall set
aside a minimum of 15% of the tract for seeding and landscaping and
use this area for no other purpose.
(2)
Other requirements.
(a)
All industrial processes shall take place within
an enclosed building. Incidental storage of materials out of doors
shall be permitted. Industrial uses shall be located so as to be a
minimum of 25 from any property line abutting a nonindustrial district.
This twenty-five foot buffer strip shall be perpetually maintained
with landscape plant material to provide a visual screen between the
industrial use and the adjoining nonindustrial use. Said buffer strip
to be exclusive of required yard setbacks as prescribed in the Zoning
Schedule, § 609A.
(b)
No use shall be permitted except as approved
by the Village Board after public hearing, and after report and recommendations
by the Planning Board of the Village of Dansville. In its determination
upon the particular uses at requested location, the Village Board
shall consider all of the following provisions:
[1]
That the proposed locations, designs, construction
and operation of the particular use adequately safeguards the health,
safety and general welfare of persons residing or working in adjoining
or surrounding property;
[2]
That such use shall not impair an adequate supply
of light and air to surrounding property;
[3]
That such use shall not unduly increase congestion
in the streets, or public danger of fire and safety; and
[4]
That such use shall not diminish or impair established
property values in adjoining or surrounding property.
E.
Refer
to § 704B for enclosure requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Added 8-14-1990 by L.L. No. 3-1990[1]]
D.
Other provisions and requirements.
(1)
All industrial processes shall take place within
an enclosed building. Incidental storage of materials out of doors
shall be permitted. Industrial uses shall be located so as to be a
minimum of 25 feet from any property line abutting a nonindustrial
district. This twenty-five foot buffer strip shall be perpetually
maintained with landscape plant material to provide a visual screen
between the industrial use and the adjoining nonindustrial. Said buffer
strip shall be exclusive of required yard setbacks as prescribed in
the Zoning Schedule, § 609A.
(2)
No use shall be permitted except as approved
by the Village Board after public hearing, and after report and recommendations
by the Planning Board of the Village of Dansville. In its determination
upon the particular uses at requested location, the Village Board
shall consider all of the following provisions:
(a)
That the proposed locations, designs, construction
and operation of particular use adequately safeguards the health,
safety and general welfare of persons residing or working in adjoining
or surrounding property;
(b)
That such use shall not impair an adequate supply
of light and air to surrounding property;
(c)
That such use shall not unduly increase congestion
in the streets, or public danger of fire and safety; and
(d)
That such use shall not diminish or impair established
property values in adjoining or surrounding property.
E.
Refer
to § 704B for enclosure requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[1]
Editor's Note: This local law also redesignated original § 608
as § 609.
A.
The Schedule of Area, Lot and Bulk Requirements enclosed
herein is part of this chapter. The regulations included in said schedule
are hereby established in minimum regulations of this chapter; municipal
facilities deemed necessary and appropriate by the Village Board are
hereby exempted from such bulk area requirements. (See schedule.[1])
[1]
Editor's Note: The schedule is included as an attachment to
this chapter.
[Added 6-11-2013 by L.L. No. 3-2013]
A.
Findings and legislative intent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
It is recognized that there are some uses which,
because of their very nature, have serious objectionable operational
characteristics under certain circumstances, produce an unfavorable
effect upon certain adjacent areas. Special regulation of these uses
is necessary to ensure that adverse effects will not contribute to
the blighting or downgrading of the surrounding neighborhood. The
Village of Dansville finds it in the public interest to enact these
regulations. The purpose is to prevent or lessen the secondary effects
of adult entertainment uses and not to inhibit freedom of speech.
(2)
The unrestrained proliferation and inappropriate
location of such business is inconsistent with existing development
and future plans for the Village in that they often result in influences
on the community which increase the crime rate and undermine the economic
and social welfare of the community. The unfavorable effects of these
businesses change the economic and social character of the existing
community and adversely affect existing businesses and community and
family life.
B.
As defined in Article XIV of this chapter, adult entertainment uses shall be permitted in Adult Entertainment (AE) Zoning Districts, subject to the following restrictions:
(1)
Adult entertainment uses are prohibited within:
(a)
Five hundred feet of any zoning district that
is zoned to allow residential uses.
(b)
Five hundred feet of any single-family, two-family,
or multiple-family dwelling.
(c)
Five hundred feet of any public or private school.
(d)
Five hundred feet of any church or other religious
facility or institution.
(e)
Five hundred feet of any public park, bike path,
playground or playing field, cemetery or recreational facility.
(2)
No adult entertainment use shall be allowed
within 500 feet of another existing adult entertainment use.
(3)
No more than one adult entertainment use shall
be located on any lot.
(4)
The distances provided hereinabove shall be
measured by following a straight line, without regard to intervening
buildings, from the nearest point of the property parcel upon which
the adult entertainment use is to be located to the nearest point
on the parcel of property or the land use district boundary line from
which the adult use is to be separated.
C.
Other restrictions.
(1)
No adult entertainment use shall be conducted
in any manner that allows the observation of any material depicting,
describing or relating to specified sexual activities, or specified
anatomical areas from any public way or from any property not containing
an adult entertainment use. This provision shall apply to any display,
decoration, sign, show, window or other opening.
(2)
Signage shall comply as defined in Article XI of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Adult entertainment uses shall obtain site plan
approval in accordance with this code.
D.
Adult Entertainment Overlay description. Based on
the foregoing restrictions, there is only one area in which an adult
entertainment use may be permitted within the Village of Dansville:
the industrial/business park area northwest of the intersection of
Route 63 and Zerfass Road. Specifically, such business use will be
restricted to the northwest corner of that portion of the park in
an area 300 feet wide and 100 feet deep.
