A. 
The residential districts are listed in the table below. When this chapter refers to residential or "R" zoning districts, is referring to one of the following:
Residential District Name
Abbreviation and Map Symbol
Single-Family Residential
R-1
Transitional Residential
R-2
Multifamily Residential
R-3
Village Residential
R-4
B. 
The residential district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.
A. 
Single-Family Residential (R-1) District. The purpose of the Single-Family Residential District is to support the vision and policies contained within the Village's adopted Comprehensive Plan with respect to the preservation and enhancement of existing, traditional single-family neighborhoods. The intent of this district is to permit the construction and/or reconstruction of single-family detached dwellings that do not compromise the existing residential character and pedestrian-friendly setting of Honeoye Falls' neighborhoods. Future development and investment should continue the existing traditional neighborhood development pattern, generally consisting of owner-occupied, single-family detached homes, unobstructed front yards, garages set back from the primary residence, and pedestrian-scaled streetscapes (e.g., with sidewalks, streetlighting, street trees, etc.).
B. 
Transitional Residential (R-2) District. The purpose of the Transitional Residential District is to serve as a moderate-density transitional zone from the Village's single-family neighborhoods to nearby commercial corridors and activity centers. The intent of this district is to permit single- and two-family dwellings at the edge of neighborhoods where there may be increased activity due to the presence of nearby commercial, civic, and office uses. The conversion of dwellings into multifamily units, professional offices, or civic spaces may be considered by special permit in this district. The overall residential character and walkability of the neighborhood should not be negatively impacted by the introduction or change of any use. The transition from adjacent single-family neighborhoods to uses in the R-2 District should remain seamless so as not to delineate any significant change in scale, intensity of use, character, or form.
C. 
Multifamily Residential (R-3) District. The purpose of the Multifamily Residential District is to provide for a variety of housing choice as outlined in the Village's adopted Comprehensive Plan. This district is intended to permit the highest density and variety of residential development within the Village to serve the changing needs of residents regardless of age, ability, or income. The provision of multifamily dwellings in this district should be consistent with the character and design of traditional residential homes in the Village. Developments should be campus-like in design and create a sense of place, with four-sided architectural treatments on all structures, well-established internal and external pedestrian and vehicular connections, and designated areas of public open space for passive and active recreation. Care should be taken to ensure that proper landscaping and screening is provided throughout developments as a buffer to adjacent lower-density residential uses.
D. 
Village Residential (R-4) District. The purpose of the Village Residential District is to provide for growth and development in accordance with the Village's adopted Comprehensive Plan while also reflecting the traditional character of the neighborhoods which form the core of the Village. The development of the Village prior to its zoning law resulted in varying residential lot sizes and uses at its core, which is a highly valued feature of the Village today. The intent of this district is to encourage the continuation of such a unique development approach with future investment. This is achieved by permitting a mix of residential living opportunities and creating flexibility in the lot and dimensional standards. The appropriateness of future development proposals in this district will be evaluated based on their achievement of the following objectives:
(1) 
Preserve the openness of Village gateways as they now exist and blend development into the adjacent Village and town lands;
(2) 
Protect the Village's natural environment and resources;
(3) 
Retain and enhance areas of open space as natural lands as well as areas for passive and active recreation;
(4) 
Perpetuate and preserve the character and uniqueness of the Village's traditional neighborhood settlement pattern;
(5) 
Provide a variety of housing types and sizes to increase residential living opportunities for all residents;
(6) 
Foster a walkable community that connects neighbors to neighbors and enhances Village life;
(7) 
Reduce the overall development costs of new neighborhoods; and
(8) 
Provide for more efficient delivery of Village services.
Uses are allowed in residential zoning districts in accordance with the Residential District Use Lists below.
A. 
Uses identified with a "P" in the table are permitted as-of-right in the zoning district, subject to compliance with all other applicable standards of this chapter.
B. 
Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article XVII.
C. 
Uses not listed and those identified with a "-" are expressly prohibited.
Residential District Use Lists
Zoning District
Land Use
R-1
R-2
R-3
R-4
Residential
Single-family dwelling, attached or detached
P
P
P
P
Two-family dwelling, attached or detached
—
P
P
P
**Multifamily dwelling, new construction
—
—
P
SP
**Multifamily dwelling, by conversion
—
SP
P
—
Manufactured home park
—
—
—
SP
Nursing home or assisted-living facility
—
SP
P
SP
**Bed-and-breakfast
SP
SP
—
SP
**Home occupation
P
P
P
P
**Accessory dwelling unit
SP
SP
—
SP
**Accessory use or structure, residential
P
P
P
P
Institutional
Library or museum
P
P
P
P
Municipal structure or use
P
P
P
P
Nonprofit or membership-based club
SP
P
P
SP
Place of worship
P
P
P
P
School, public or private
SP
P
P
SP
Commercial
**Day-care center, child or adult
SP
SP
P
SP
Funeral home or parlor
SP
SP
SP
—
Professional or medical office
SP
SP
SP
—
Other
Agricultural operation
P
—
—
P
Cemetery
P
SP
SP
P
Public park or playground
P
P
P
P
**Public utility
P
P
P
P
**Accessory use or structure, nonresidential
SP
SP
SP
SP
NOTE:
**
Indicates that the use is subject to additional requirements as outlined in Article IX, Regulations for Certain Uses.
The lot and yard requirements listed in the table below shall apply to the residential districts within the Village.
Residential District Lot and Yard Requirements
Zoning District
Land Use
R-1
R-2
R-3
R-4
Minimum Lot Size
Single family dwelling (square feet)
10,000
10,000
10,000
SPR1
Two-family dwelling (square feet)
—
12,000
12,000
SPR1
Multifamily dwelling (SF/DU2)
—
4,000
5,000
SPR1
Mobile home park (acres)
—
—
—
5
Nonresidential use (square feet)
12,000
12,000
12,000
20,000
Without public sewers (square feet)
24,000
24,000
30,000
30,000
Minimum Lot Width (feet)
Residential use
45
45
65
SPR1
Multifamily dwelling
—
65
80
SPR1
Nonresidential use
65
65
80
80
Front Yard3 (feet)
Primary Use
15 minimum
15 minimum
20 minimum
SPR1
40 maximum
Minimum rear yard (feet)
Residential use
20
20
20
20
Nonresidential use
25
25
25
25
504
504
504
504
Accessory use/structure
3
3
10
3
Minimum side yard (feet)
Residential use
10/
10/
12/
12/
25 total
25 total
30 total
30 total
Nonresidential use
15
15
15
15
Accessory use/structure
3
3
10
3
NOTES:
1
Lot sizes to be approved in subdivision and site plan review. A variety of lot sizes shall be required.
*Deleted small, medium, and large lot size requirements*
2
SF/DU indicates square feet per dwelling unit.
3
Or the most common front yard space (within +/- 2-foot margin) on the block.
4
When adjacent to a residential use, the larger yard requirement shall apply.
The bulk requirements listed in the table below shall apply to all uses within the residential districts of the Village.
Residential District Bulk Requirements
Zoning District
Land Use
R-1
R-2
R-3
R-4
Maximum Building Height (feet)
Primary structure
35 (2.5 stories)
35 (2.5 stories)
35 (2.5 stories)
SPR1
Accessory structure
241
241
241
241
Maximum Lot Coverage
Residential use
35%
35%
35%
35%
Nonresidential use
30%
30%
35%
35%
Minimum Open Space
—
—
35%
45%
NOTES:
1
Such requirement shall be subject to approval in subdivision and site plan review.
2
Accessory structure height may not exceed the height of the principal structure on the lot.
The Board of Trustees of the Village of Honeoye Falls hereby adopts the provisions of § 7-738 of NYS Village Law and elects to exercise the powers granted in said section. The Board of Trustees hereby grants to the ZBA all of the powers and authority under § 7-738 and as specified herein for subdivision approval in the Village Residential District. Accordingly, all development in the R-3 and R-4 districts shall provide for clustering and open space, pursuant to the provisions stated herein.
A. 
All R-3 and R-4 districts shall be designed and subdivided to preserve open space, respect the physical qualities of the land, and reduce the overall development costs of a subdivision or neighborhood.
B. 
Any subdivision of land in an R-3 or R-4 district shall provide for open space. In the event that a subdivision is less than five acres, the ZBA may vary the dimensional and open space requirements of this section in accordance with the guidelines set forth herein.
C. 
"Open space" is a common area that is intended to provide light and air and is designated for either environmental, scenic, or recreational purposes. "Open space" shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel, and retention or detention ponds. In no event shall any area of a platted developable lot, nor any part of an existing or future road or right-of-way, be counted as constituting "open space."
D. 
In determining open space, any critical environmental area, any undevelopable land, or land in an Environmental Protection Overlay District may be included for such determination.
E. 
The ZBA, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such land as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this chapter must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivisions, as well as whether it is to be dedicated ultimately to the Village or other governmental body or to an approved private or conservation corporation or to a homeowners' association or otherwise under conditions meeting with ZBA approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the ZBA may require an open space easement running to the Village as a condition of approval. The dedication of any lands, by ownership or easement, to the Village of Honeoye Falls will be subject to approval and acceptance by the Board of Trustees.
F. 
Homeowners' association.
(1) 
If the open space or an open space easement therein is not to be dedicated to the Village or other governmental authority or to an approved private conservation corporation, the applicant must either simultaneously with the filing of the map create a homeowners' association or neighborhood corporation embracing all homeowners within the map and providing for adequate contributions for maintenance of said open space or otherwise satisfy the ZBA with regard to the maintenance of said open space.
(2) 
If a homeowners' association is selected by the ZBA as the method of maintenance of the open space to be preserved, the following must be adhered to:
(a) 
The homeowners' association must be established before the lots are sold.
(b) 
Membership must be mandatory for each lot buyer or owner, any successive buyer or owner or each lot created and must be legally required, by duly filed covenants and restrictions, to pay to the homeowners' association a yearly fee to be used for maintenance of the open space.
(c) 
The open space restrictions must be in perpetuity, not just for a given period of years.
(d) 
The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
(e) 
Homeowners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property.
(f) 
The association must be able to adjust the assessment to meet changing needs.
(g) 
The applicant shall make a conditional offer of dedication binding upon the homeowners' association for all open space to be conveyed to the association, such offer to be accepted by the Village, should it choose, upon the failure of the homeowners' association to take title to the open space from the applicant or other current owner or upon dissolution of the association at any future time.
(h) 
The association must comply with the laws of the State of New York and the Attorney General's rules and regulations for creation of homeowners' associations.
G. 
In addition to the other ZBA requirements for final maps, upon final approval of the subdivision application by the ZBA, the applicant shall file the subdivision map in the office of the County Clerk, which map shall contain thereon:
(1) 
A statement that the subdivision has been approved pursuant to the provisions of this chapter.
(2) 
The number and type of units which can be erected thereon.
(3) 
The areas in which said units may be constructed.
(4) 
The areas which are to remain open space and under what conditions.