Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in the use tables of Articles
II,
III,
IV and
V. All accessory uses and structures shall be in conformance with this section.
A. General standards. Accessory uses and structures shall:
(1) Not be established or constructed until the primary use or structure
is constructed.
(2) Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose.
(3) Not be located in any required front yard area.
(4) Be in conformance with the height and setback restrictions of the
applicable zoning district and shall not cause the rate of overall
lot coverage to exceed the maximum rate permitted.
(5) Be finished with materials and/or siding that is consistent and compatible
with the existing character of the principal structure and surrounding
residential neighborhood.
(6) Maintain a separation of at least 10 feet from the principal building,
in the case of a detached accessory structure or use.
(7) Not obstruct, block, or force the enclosure of any structural opening
(windows, doors, etc.), porch, deck, or terrace, or vehicular or pedestrian
access.
B. Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter:
(1) Decks, patios, or terraces.
(2) Residential garages or carports and enclosed storage structures,
such as sheds.
(3) Fences and walls, subject to the provisions of §
250-55 of this chapter.
(4) Playgrounds or playhouses.
(5) Noncommercial nurseries, gardens, or greenhouses.
(6) Fire escapes or other such structures intended to maintain the health,
safety, and welfare of residents within the dwelling and the general
public.
(7) Ramps, lifts, or other such structures intended to provide an increased
level of accessibility to the structure or use.
(8) Radio or dish antennas, limited to one meter or less in diameter.
(9) Home solar, wind, or other alternative energy systems, provided the
infrastructure for such system is not located in the front yard and
does not exceed the height limitations of the district in which it
is located. All systems shall be subject to the completion of an electric
service application as provided by the Village Clerk.
(10)
Green infrastructure installations, such as rain barrels, rain
gardens, or bioswales.
(11)
Personal or home electric vehicle charging stations.
(12)
Off-street parking areas for two-family or multifamily dwelling
developments.
(13)
Other uses and structures deemed to be similar in nature by
the CEO.
C. Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter:
(1) Commercial vending machines, screened from adjacent residential property.
(2) Decks, patios, and terraces associated with a permitted outdoor seating
or assembly area.
(3) Garages or carports, and enclosed storage structures, such as sheds.
(4) Fences and walls, subject to the provisions of §
250-55 of this chapter.
(5) Playgrounds or playhouses.
(6) Nurseries, gardens, or greenhouses.
(7) Fire escapes or other such structures intended to maintain the health,
safety, and welfare of employees, patrons, and the general public.
(8) Ramps, lifts, or other such structures intended to provide an increased
level of accessibility to the structure or use.
(9) Dish or radio antennas, limited to two meters or less in diameter
when screened from public view and adjacent residential property.
(10)
Noncommercial solar, wind, or other alternative energy systems,
provided the infrastructure for such system is not located in the
front yard and does not exceed the height limitations of the district
in which it is located. All systems shall be subject to the completion
of an electric service application as provided by the Village Clerk.
(11)
Green infrastructure installations, such as rain barrels, rain
gardens, or bioswales.
(12)
Off-street parking and loading areas, including electric vehicle
charging stations.
(14)
Other uses and structures deemed to be similar in nature by
the CEO.
In accordance with the provisions of Chapter
70, Adult Uses, of the Village Code and subject to the following conditions and criteria, which shall be in addition and supplementary to those matters which the Planning Board is to consider in reviewing special use applications, the following additional conditions shall apply.
A. Such a use may not be established or maintained within 500 feet of:
(1) A church, synagogue or regular place of worship;
(2) A public or private elementary or secondary school;
(3) Any child-care institution or day-care facility as defined herein
and in the New York State Education Law;
(4) A residence, or the boundary of any residential zoning district;
or
(5) A public park, playground, playing field, governmental office or
facility or other similar area where large numbers of persons may
travel or congregate.
B. Such a use may not be established or maintained within 100 feet of
any other such use.
C. Only one such use may be established or maintained on any lot or
in any building or structure.
D. For the purposes of this section, measurement of the distances specified
above shall be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or
structure used or operated for such a use to the nearest property
line or boundary of an affected use.
E. All such uses shall be conducted in an enclosed building, and in
such manner that, regardless of location or distance, no one who is
passing by or who is at any point outside of the enclosed building
occupied by such a use shall be able to observe or perceive any performance,
conduct, image, printed matter, visual representation, instrument,
device or paraphernalia displaying, depicting or otherwise presenting
any specified anatomical area or specified sexual activity regulated
hereunder, including but not limited to any sign or advertisement,
or any window or other opening permitting the view of the interior
of the premises from the exterior of the premises.
The following shall apply to animal hospitals, veterinary clinics
and kennels:
A. Adjacent properties shall be adequately protected from noise, odors,
and unsightly appearances as determined by the Planning Board in site
plan review.
B. All buildings, structures, and accessory use areas, except off-street
parking areas, shall be located at least 50 feet from any property
line that abuts a residential use or structure.
The following shall apply to bed-and-breakfast (B&B) establishments:
A. A B&B shall only be permitted in an owner-occupied single-family,
detached dwelling of at least 1,800 square feet. A B&B shall not
be permitted in a nonconforming single-family dwelling.
B. No more than one nonresident of the premises may be an employee of
the operation.
C. There shall be no more than eight adult guests at any one time.
D. The maximum stay of guests shall be no more than 14 consecutive days.
E. Parking areas may not be located in the front yard. Such parking
shall be screened from adjacent properties and the public right-of-way
to the satisfaction of the Planning Board.
F. There shall be no change in the outside appearance of the building
or premises that detracts from the residential character of the residence
or from the residential character of the neighborhood, or other visible
evidence of the conduct of such B&B.
The following shall apply to car washes:
A. The site area traveled by vehicles shall be hard-surfaced with pervious
or impervious paving material that does not release dust or debris.
B. Landscaping and screening shall be provided as determined in site
plan review. In no case shall the perimeter landscaping be less than
10 feet in width along street frontages or where adjacent to a residential
district or use.
C. Lanes or parking areas for vehicles waiting for service shall be
provided on site and shall not occur on a public street or highway.
D. No area of the car wash shall be used for the sale, rent, or display
of automobiles, trailers, mobile homes, boats or other vehicles.
The following shall apply to licensed day-care facilities:
A. No day-care shall be permitted without completion of the proper license
and/or registration requirements, where required by New York State
or Monroe County law.
B. In a nonresidential district, all buildings, structures and areas
of organized activity, such as play areas, swimming pools, etc., shall
maintain a setback of at least 15 feet from all property lines.
C. In a residential district, all buildings, structures and areas of
organized activity, such as play areas, swimming pools, etc., are
prohibited in the front yard. Such uses shall maintain a setback of
at least 30 feet from side or rear property lines.
D. Outdoor floodlighting or public-address systems are prohibited.
E. Licensed day-care facilities may be conducted as a home occupation, provided the conditions of this section and §
250-70 are met.
The following shall apply to drive-throughs:
A. Drive-throughs may be permitted when associated with a primary use
operating within an enclosed structure and located on the same premises.
B. Drive-throughs shall be located in such a way as to minimize the
impact on pedestrian circulation routes and on adjoining residential
districts or uses to the greatest extent practicable.
C. Drive-throughs shall be designed in such a way as to be visually
unobtrusive and shall be lighted in such a way as to minimize the
impact on adjoining properties.
D. Drive-throughs shall be prohibited in the front yard and shall not
be located to prevent direct pedestrian access from the public right-of-way
to the principal building.
E. When adjacent to residential districts or uses, drive-throughs, including
both the facility and queuing lanes, shall be screened from the adjacent
residential properties.
The following shall apply to gasoline service stations:
A. No part of any building and no filling pump, lift, or other service
appliance shall be erected within 25 feet of any residential district.
B. No gasoline or oil pump, oiling or greasing mechanism, or other service
appliance shall be installed in connection with any gasoline service
station within 15 feet of any street line unless contained within
a completely enclosed building.
C. Entrance or exit driveways shall be located at least five feet from
any side or rear property line. Such driveways shall be so laid out
as to avoid the necessity of any vehicle backing across any right-of-way.
D. Premises shall not be used for the sale, rent, or display of automobiles,
trailers, mobile homes, boats or other vehicles. Vehicle sales and/or
service uses in conjunction with a gasoline service station shall
be considered as separate uses and reviewed accordingly.
The following shall apply to home occupations:
A. Permitted home occupations include, but shall not be limited to,
a lawyer, accountant, author, doctor, engineer, dentist, architect,
consultant, realtor, insurance agent/broker, counselor, artist, photographer,
teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.
B. Prohibited home occupations include those that would generate adverse
impacts to or be incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, ambulance
services, animal care services, and vehicle sales or repair.
C. The home occupation shall be owned and operated by a full-time resident
of the dwelling and shall operate wholly within an enclosed structure.
A home occupation may not be conducted in any accessory structure.
D. Employees of the home occupation shall be limited to residents of
the premises.
E. A home occupation must be clearly incidental and secondary to the
use of the dwelling and shall be permitted to occupy no more than
30% of the residence.
F. The operation of a home occupation shall in no way change or alter
the residential appearance or character of the premises or neighborhood
in which it is located.
G. There shall be no exterior display or storage of materials, goods,
supplies, or equipment related to the operation of the home occupation.
H. No home occupation shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
I. On-site retail sales shall be prohibited.
J. Deliveries on residential streets shall be permitted by two-axle
vehicles only.
K. Off-street parking and signage is permitted in accordance with Articles
IX and
XIII of this chapter.
The following requirements shall only apply to nonresidential
use outdoor sales and display areas:
A. Such areas shall not exceed 10% of the gross floor area of the primary
structure.
B. Such areas shall not block automotive traffic, sidewalks, fire lanes,
or other travel lanes. Outdoor sales and display areas may be permitted
along sidewalks within the CB District with Planning Board approval.
C. Such areas shall be allowed adjacent to a principal building wall
and extending to a distance no greater than 10 feet from the wall.
D. Such areas shall not be permitted to block windows, entrances, or
exits and shall not otherwise impair the use of the building.
E. Such areas shall be used for the sale of merchandise and not for
storage purposes.
The following requirements shall only apply to nonresidential
use outdoor storage areas:
A. Such areas are not permitted in residential districts.
B. Such areas shall not occupy more than 15% of the lot if located within
a business district.
C. Such areas shall be fully screened to ensure the area is not visible
from the public right-of-way and adjacent residential uses or districts.
D. Such areas shall not be allowed in the front yard setback.
E. The storage of contractor material and equipment must maintain a
setback of at least 200 feet from any adjacent residential use or
district.
The following shall apply to vehicle sales:
A. The sales area shall be suitably graded and drained, and maintained
in a neat and orderly manner. The use of pervious paving materials
is encouraged.
B. The number of vehicles that may be for sale on the premises must
be specified on the special use permit. An increase in the number
of vehicles to be sold shall require a new permit.
C. Sufficient screening shall be provided along all lot lines abutting
or adjacent to a residential use or district to block any view of
operations from such residential property when viewed from ground
level.
D. No repairs, other than minor repairs, shall be performed on the premises.
All maintenance, service, and repairs of motor vehicles shall be performed
within an enclosed structure. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed structure
or screened area.
E. No vehicles shall be displayed for sale within 10 feet of any property
line that abuts a residential district or use.
F. Perimeter landscaping shall be provided at a minimum width of 10
feet along street frontages.
G. A gasoline service station or vehicle service shop on site shall
require compliance with the associated regulations of this article
and be so noted on the special use permit.
The following shall apply to vehicle service or repair shops:
A. No repair work may be performed outside of an enclosed structure,
unless such activity is performed in a paved rear yard and fully screened
from adjacent residential properties and public view.
B. No vehicle parts or supplies or dismantled or disabled vehicles may
be stored outside a building, unless such storage is located in a
paved rear yard and fully screened from adjacent residential properties
and public view.
C. No part of any building used as a vehicle service or repair shop
and no filling pump, lift, or other service appliance shall be erected
within 25 feet of any residential district or use.
D. Storage areas for vehicles shall be provided on site and shall not
occur on a public street or highway. Not more than five vehicles shall
be stored outdoors overnight.