A. 
The business districts are listed in the table below. When this chapter refers to commercial, business, or "B" zoning districts, it is referring to one of the following:
Business District Name
Abbreviation and Map Symbol
Neighborhood Business
NB
Central Business
CB
General Business
GB
B. 
The business 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. 
Neighborhood Business (NB) District. The purpose of the Neighborhood Business District is to implement the recommendations of the Village's Comprehensive Plan (as amended) and provide for increased economic development opportunity in established neighborhoods near or adjacent to commercial activity centers. The intent of the NB District is to permit the continuation of residential uses alongside small-scale retail, service, and offices uses. The development or adaptive reuse of structures is allowed, provided the proposed structure and use is compatible with the scale, form, and level of intensity of nearby existing structures. The appropriateness of any one structure or use in the NB District will be evaluated based on the following objectives:
(1) 
Nonresidential buildings are located in close proximity to the roadway, with parking at the side or rear of the buildings only;
(2) 
Pedestrian access is provided to and from all buildings, parking areas, and site amenities;
(3) 
Architectural features of new structures achieve harmony in scale, design, and detail with adjacent structures;
(4) 
Landscaped buffers and screening between residential and nonresidential activities is provided, preserving the integrity of each activity;
(5) 
Existing trees, shrubs, and other natural features are preserved to the greatest extent practicable; and
(6) 
Existing historically significant structures are preserved.
B. 
Central Business (CB) District. The purpose of the Central Business District is to maintain and enhance the historic character and vibrancy of the Village's multistory, mixed-use 19th Century Main Street. The CB District is characterized by its sidewalk connectivity, traditional architecture, and dense concentration of activity with a high degree of amenities that creates an inviting streetscape for visitors arriving on foot, bicycle, or by motor vehicle. Future development and investment in the CB District shall be consistent with and positively contribute to the existing pedestrian-friendly environment and historic character of Main Street Honeoye Falls with respect to building and site design. Existing historically significant structures shall be preserved to the greatest extent practicable. The restoration or rehabilitation of structures for reuse is encouraged.
C. 
General Business (GB) District. The purpose of the GB District is to accommodate a mix of uses that cater to Village residents, travelers and tourists, while also implementing the recommendations of the Village's adopted Comprehensive Plan. The GB District is intended to designate areas for the development of larger-scale commercial activities that depend upon relatively significant volumes of motor vehicle traffic. Development in the GB District should not be made at the expense of the Village's character and walkability, but rather be pursued in a manner that enhances the public and private realms. Future investment should include pedestrian and bicyclist access both on and off site, implement traffic-calming measures in building and site design practices, and provide ample greenery and landscaping so as to create a comfortable and inviting streetscape for all modes of travel. Special attention should be given to the design and buffering techniques of parking facilities, access points, and structures to create welcoming gateways into the Village.
Uses are allowed in business zoning districts in accordance with the Business 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.
Business District Use Lists
Zoning District
Land Use
NB
CB
GB
Residential
Single-family dwelling
P
SP
—1
Two-family dwelling
P
SP
—1
**Multifamily dwelling
SP
SP
SP
Nursing home or assisted-living facility
SP
SP
SP
Upper floor dwelling unit
P
P
P
**Bed-and-breakfast
SP
P
—
**Home occupation
P
P
P
**Accessory dwelling unit
SP
SP
SP
**Accessory use or structure, residential
P
P
P
Institutional
Municipal structure or use
P
P
P
Museum or library
P
P
P
Nonprofit or membership-based club
P
P
P
Place of worship
P
P
P
School, public or private
P
P
P
Commercial
Animal grooming shop
SP
P
P
**Animal hospital or veterinary clinic
SP
SP
SP
**Brewery or distillery
—
P
P
Broadcasting studio
—
P
P
**Car wash
—
—
SP
Conference center
—
—
P
Dance, art, music, or photo studio
P
P
P
**Day-care center, child or adult
P
P
P
Financial institution
SP
P
P
Funeral home or parlor
SP
SP
P
**Gasoline service station
SP
—
P
Health or fitness club
P
P
P
Hotel or inn
SP
P
P
Laundromat or dry-cleaner
P
P
P
Personal service establishment
P
P
P
Professional or medical office
P
P
P
Recreation facility, indoor
SP
P
P
**Recreation facility, outdoor
—
—
SP
**Restaurant or tavern
SP
P
P
Retail store, repair or service shop
SP
P
P
Self-storage facility
SP
—
—
**Telecommunications facility
SP
SP
SP
**Vehicle sales, service, or repair shop
SP
—
P
Other
Agricultural industry or business use
—
—
SP
**Drive-through, stand alone or ancillary to primary use
—
—
SP
Mix of permitted uses in a single structure
SP
P
P
**Outdoor sales and display, ancillary to primary use
—
—
P
**Outdoor storage, ancillary to primary use
—
—
P
Parking lot (not on same lot as use it serves)
SP
SP
SP
Public park or playground
P
P
P
**Public utility
P
P
P
**Accessory use or structure, nonresidential
P
P
P
NOTES:
**
Indicates that the use is subject to additional requirements as outlined in Article IX, Regulations for Certain Uses.
1
Single-family and two-family dwellings established prior to the date of adoption of this chapter shall be considered permitted uses. New construction of or conversion to such uses shall not be permitted.
The lot and yard requirements listed in the table below shall apply to the business districts within the Village.
Business District Lot and Yard Requirements
Zoning District
Land Use
NB
CB
GB
Minimum Lot Size
Single- or two-family dwelling (square feet)
10,000
10,000
10,000
Multifamily dwelling (SF/DU1)
4,000
2,500
4,000
Nonresidential use (square feet)
12,000
SPR2
12,000
Minimum lot width (feet)
Residential use
45
45
45
Nonresidential use
45
SPR2
—
Front yard3 (feet)
Residential use
15 minimum
0 minimum
15 minimum
30 maximum
10 maximum
30 maximum
Nonresidential use
0 minimum
0 minimum
10 minimum
30 maximum
5 maximum
30 maximum
Minimum rear yard (feet)
Residential use
20
20
20
Nonresidential use
15 or
SPR2
20 or
304
404
Accessory use/structure
3
3
5
Minimum side yard (feet)
Residential use
10
10
15
Nonresidential use
15
SPR2
20
Accessory use/structure
3
3
5
Parking setback (feet)
5 minimum5
Rear yard area
10 minimum5
NOTES:
1
SF/DU indicates square feet per dwelling unit.
2
Such requirement shall be subject to approval in subdivision and site plan review.
3
Or the most common front yard space (with +/- two-foot margin) on the block.
4
When adjacent to a residential use, the larger yard requirement shall apply.
5
To be measured behind the front building line of the principal structure.
The bulk requirements listed in the table below shall apply to all uses within the business districts of the Village.
Business District Bulk Requirements
Zoning District
Land Use
NB
CB
GB
Maximum Building Height (feet)
Primary structure
35 (2.5 stories)
45 (3 stories)
45 (3 stories)
Accessory structure
251
251
251
Minimum building height (feet)
Primary structure
—
25 (2 stories)
—
Maximum building footprint (square feet)
Primary structure
—
—
12,000
Maximum lot coverage
Residential use
35%
35%
35%
Nonresidential use
50%
80%
50%
NOTE:
1
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 for 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 NB District shall provide for clustering and open space pursuant to the provisions stated herein.
A. 
The NB District 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 a NB 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.