The purpose of this article is to provide for the review and approval of certain uses that are generally considered to be uses with a higher potential for incompatibility with adjacent uses. The individual review of certain uses is intended to determine the appropriateness of a use in its proposed location and any requirements necessary to ensure compatibility with adjacent uses. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.
A. 
The following requirements are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables in Articles IV, V and VI of this chapter.
B. 
Specially permitted uses must obtain a special use permit and site plan review approval as provided for in Articles XVII and XVIII of this chapter.
C. 
Uses permitted by right shall not require the issuance of a special use permit, but must obtain site plan review approval and meet all applicable requirements set forth in this section.
A. 
Purpose. The purpose of regulating accessory dwelling units is to:
(1) 
Create new housing units while respecting the look and scale of single-family residential development;
(2) 
Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
(3) 
Allow more efficient use of existing housing stock, and public infrastructure;
(4) 
Provide a broader range of affordable housing opportunities and mix of housing options that respond to changing family needs and smaller households; and
(5) 
Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services.
B. 
General requirements.
(1) 
No more than one accessory dwelling unit may be established ancillary to a single-family residential dwelling, located either in the principal dwelling structure (attached) or in an accessory structure (detached). An accessory dwelling unit may include no more than two bedrooms.
(2) 
The accessory dwelling unit shall be a complete, separate housekeeping unit containing both kitchen and bath and must meet all NYS Uniform Code requirements.
(3) 
Any new separate outdoor entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building lot for an accessory dwelling unit that is in or attached to the primary residential dwelling.
(4) 
Detached accessory dwelling units shall comply with all accessory structure requirements of this chapter, including but not limited to size, setback, lot coverage, and height restrictions. An accessory dwelling unit shall not be permitted in a nonconforming accessory structure.
(5) 
Under no circumstances may a detached accessory dwelling unit be separated from or subdivided from the parcel containing the primary residential unit.
(6) 
An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the primary residential unit. Any addition must be consistent with the existing facade, roof pitch, siding and windows of the primary residential unit. Any addition shall not exceed the height of the primary structure.
C. 
Owner-occupancy requirements.
(1) 
One of the dwelling units on the parcel shall be occupied by one or more owners of the property as a permanent residence for at least nine months out of the year and at no time may receive rent for more than one unit on the parcel.
(2) 
The property owner(s) shall sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit and submit it to the CEO.
(3) 
Upon sale of the property, a new owner shall be required to sign a new affidavit and submit it to the CEO.
(4) 
The individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited.
(5) 
When a parcel containing an accessory dwelling unit is sold or ownership transferred, the new owner(s), if they wish to continue to rent or lease one of the units, must, within 30 days of the sale, submit a notarized letter to the CEO stating that they will occupy one of the dwelling units on the parcel as their primary residence except as provided for in the provisions of this chapter.
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 IV, V and VI. 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 structure or use.
(7) 
Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.
(8) 
The erection of accessory structures shall require site plan review, as provided for in Article XVIII of this chapter.
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.
(3) 
Enclosed storage structures, such as sheds.
(4) 
Fences and walls subject to the provisions of § 190-50 of this chapter.
(5) 
Playgrounds or playhouses.
(6) 
Noncommercial nurseries, gardens, or greenhouses.
(7) 
Animal husbandry, outside of the keeping of domesticated animals as household pets, provided the following requirements are met:
(a) 
All shelters for such animals (bees, livestock, fowl, equine, etc.) are at least 100 feet from any property line; and
(b) 
The disposal of animal wastes is conducted in a manner that prevents any sanitary concerns or nuisance to adjacent property owners.
(8) 
Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.
(9) 
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(10) 
Radio or dish antennas limited to one meter or less in diameter.
(11) 
Home solar energy systems or green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(12) 
Personal or home electric vehicle charging stations.
(13) 
Off-street parking areas for two-family or multifamily dwelling developments.
(14) 
Other uses and structures deemed to be similar in nature and appropriate 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 § 190-50 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 energy systems or green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(11) 
Wind energy conversion systems located in the rear yard.
(12) 
Off-street parking and loading areas, including electric vehicle charging stations.
(13) 
Walkup service windows.
(14) 
Other uses and structures deemed to be similar in nature and appropriate by the CEO.
A. 
Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined 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.
In order to protect the residential character of the district in which it is located, a bed-and-breakfast (B&B) facility shall be limited by the following criteria:
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. 
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.
C. 
No more than two nonresidents of the premises shall be engaged as an employee of the operation.
D. 
There shall be a maximum of four guest rooms with no more than two guest rooms sharing a single bath. There shall be no more than eight adult guests at any one time.
E. 
The maximum stay of guests shall be no more than 14 consecutive days.
F. 
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 ZBA.
G. 
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.
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. 
Outdoor storage and repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
A. 
No day care shall be permitted without completion of the proper license and/or registration requirements, where required by NYS 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 25 feet from side or rear property lines.
D. 
Outdoor floodlighting or public-address systems are prohibited.
E. 
Appropriate landscaping and screening shall be provided as determined in site plan review.
F. 
Day-care facilities may be conducted as a home occupation, provided the conditions of this section and Article IX are met.
The following requirements shall apply to all drive-through facilities:
A. 
Drive-through stacking lanes, service areas, or windows shall not be located in the front yard.
B. 
No drive-through facility shall be located on a lot directly adjacent to or across the road or street from a property used for residential purposes.
C. 
A vehicular stacking lane shall be provided on site in a manner that does not impede on- or off-site traffic movements. The stacking lane shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons.
D. 
All stacking and exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.
E. 
Drive-through facilities, including any protective canopies, signage, stacking lanes, or other associated elements, shall meet the setback requirements for the property. Such facilities shall be screened as determined appropriate during site plan review.
F. 
Drive-through facilities with illuminated elements or amplified audio/visual systems shall not be located adjacent to residential uses or districts.
G. 
Only one point of ingress and one point of egress or one point of combined ingress and egress for a drive-through shall be permitted per street frontage.
H. 
All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any property line.
I. 
Designated pedestrian walkways or sidewalks, delineated by striping, landscaping, pavers, curbing, or other such material, shall be provided within the site to facilitate pedestrian movement and shall connect from the public sidewalk to the building entrance.
J. 
No more than two signs for use by patrons of the drive-through are permitted. Such signs shall be located at the rear of the building and shall each be no more than 30 square feet in area.
K. 
The applicant may be required to submit a traffic study demonstrating the impact of traffic generated by the proposed drive-through restaurant as part of site plan review. No drive-through shall be permitted that is anticipated to be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed restaurant use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.
L. 
An outdoor seating area may be provided in conjunction with a drive-through restaurant, which is designated and designed in site plan review.
A. 
No gasoline service station shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, of a public or semipublic use including, but not limited to, schools, places of worship, and parks or playgrounds.
B. 
Appropriate landscaping and screening shall be provided as determined in site plan review. Such screening shall be at least six feet in height when adjacent to a residential district or use.
C. 
No part of any building and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district.
D. 
No gasoline or oil pump, no oiling or greasing mechanism, or other service appliance shall be installed in connection with any gasoline service station or repair garage within 10 feet of any street line unless contained within a completely enclosed building.
E. 
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.
F. 
Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
The purpose of regulating home occupations is to allow home office or small business development within homes in a residential neighborhood, while still preserving the value and character of the existing residential properties. Operation of a home occupation shall be limited by the following:
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 are 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. 
A home occupation shall only be permitted in a single-family dwelling.
D. 
The home occupation shall be owned and operated by a full-time resident of the dwelling and shall operate wholly within an enclosed structure.
E. 
No more than one person not residing in the household may report to work at the dwelling.
F. 
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.
G. 
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.
H. 
There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.
I. 
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.
J. 
Activity involving on-site retail sales is prohibited, except the sale of items that are clearly incidental to a permitted home occupation.
K. 
Deliveries to home occupations on residential streets shall be permitted by two-axle vehicles only.
A. 
By conversion. The conversion of an existing single- or two-family dwelling to three or more units shall be required to comply with the following:
(1) 
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2) 
No dwelling unit conversion shall be permitted in a structure with less than 2,000 square feet of gross floor area. No dwelling unit conversion shall be permitted which results in more than five bedrooms.
(3) 
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single- or two-family residential character.
(4) 
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, can comply with all off-street parking requirements of this chapter. Landscaping and screening of off-street parking areas shall be provided as determined necessary in site plan review.
(5) 
Conversions of dwellings that decrease the number of units or combine units shall be required to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.
B. 
New construction. Newly constructed multifamily dwellings shall be in conformance with the following regulations and design standards:
(1) 
Building designs are encouraged to take the form of single- or two-family dwellings in a manner that is visually compatible with the architectural detailing of the Village's traditional residential character.
(2) 
Buildings shall not have uninterrupted or undefined continuous wall or roof planes in excess of 50 feet. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger building facades to produce a scale that is compatible with and complementary to adjacent residential development.
(3) 
Buildings shall maintain a distance of at least 20 feet from other structures on the lot.
(4) 
Detached garages shall be located in the side or rear yard only and shall maintain a minimum setback of 10 feet from the front building line.
(5) 
Buildings shall be laid out so that the primary entrances face the street. Each entrance shall be connected by sidewalk to the Village's public sidewalk system. Garage entrance or exit doors are prohibited on the front facade of buildings.
(6) 
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).
(7) 
Off-street parking areas shall be located in the side or rear yard only and shall maintain a minimum setback of 20 feet from all property lines and 10 feet from the front building line.
(8) 
Developments of 10 or more units shall provide recreational open space at a standard of 500 square feet per dwelling unit. Each recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment.
(9) 
Developments shall be adequately landscaped and screened as determined in site plan review.
A. 
Adequate toilet facilities for employees and patrons shall be provided on site.
B. 
No outdoor recreational facilities shall be located closer than 200 feet to any adjacent residential use or district.
C. 
Such facilities shall be screened and landscaped in a manner approved during site plan review.
The following requirements shall apply to outdoor sales and display areas related to nonresidential uses only:
A. 
Such display areas shall not exceed 10% of the gross floor area of the primary structure.
B. 
Such display areas shall not block automotive traffic, sidewalks, fire lanes, or other travel lanes. Outdoor display areas may be permitted along sidewalks within the CB District with site plan review approval.
C. 
Such display areas shall be allowed adjacent to a principal building wall and extending to a distance no greater than 15 feet from the wall.
D. 
Such display areas shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building.
E. 
Such display areas are used for the sale of merchandise and not for storage purposes.
The requirements of this section shall apply to outdoor storage areas of nonresidential uses only. Outdoor storage areas are not permitted in residential districts.
A. 
Such storage areas shall not occupy more than 10% of the lot if located within a business district.
B. 
Such storage areas shall be fully screened to ensure the area is not visible from the public right-of-way and adjacent residential uses or districts.
C. 
Such storage areas shall not be allowed in the front yard setback.
D. 
Contractor material and equipment storage must be a minimum of 200 feet from a residential district.
A. 
Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such streets. The location, design, and operation of such facility shall not adversely affect the character of the surrounding residential area.
B. 
Such facility shall be surrounded by a fence approved during site plan review.
C. 
Such facility shall be landscaped in a manner approved during site plan review.
D. 
To the greatest extent practicable, equipment shall be stored and screened so as not to be visible from surrounding properties and the public right-of-way.
E. 
Such facility may be subject to additional requirements determined to be necessary to protect the public's health, safety, and welfare through site plan review.
A. 
Vehicular ingress and egress will be provided so as to minimize on- and off-site traffic congestion.
B. 
When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during site plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.
A. 
Purpose. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the character of the Village, as well as to promote the health, safety, and welfare of the general public.
B. 
Registration required.
(1) 
It shall be unlawful for any person or entity to place or permit the placement of an enclosed temporary storage unit on property located within any zoning district without registering such unit with the Code Enforcement Officer.
(2) 
Registration shall occur prior to the initial delivery of the temporary storage unit.
(3) 
The registration form shall contain:
(a) 
The name of the registrant to whom the enclosed temporary storage unit is supplied;
(b) 
The registrant's property status: owner, renter, lessee, etc.;
(c) 
The address at which the enclosed temporary storage unit will be placed;
(d) 
The delivery date and removal date;
(e) 
The active building permit number, if applicable;
(f) 
A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and
(g) 
Signature of the parcel owner or other legal occupant with the written permission of the parcel owner.
(4) 
Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.
C. 
Placement of units.
(1) 
Units shall only be placed in the driveway or, if access exists, at the side or rear of the lot. The unit may not be placed in unpaved front yard space.
(2) 
Units shall be set back at least five feet from any lot line and five feet from any structure.
(3) 
Approval from the Code Enforcement Officer shall be required if the location of a unit meets either of these conditions:
(a) 
There is no driveway; or
(b) 
The location is on a corner lot.
(4) 
Placement may not limit visibility of vehicles, pedestrians, or bicyclists.
D. 
Allowable number of units. Only one enclosed temporary storage unit may be placed upon any lot at one time.
E. 
Unit size. Units shall not have a footprint exceeding 150 square feet or a height of more than eight feet.
F. 
Duration. The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 30 days upon request to and approval by the Code Enforcement Officer.
G. 
Maximum number of registrations. Each lot is limited to a maximum of four registrations per calendar year. A minimum of 15 days shall elapse between the end of one registration and the beginning of another.
H. 
Maintenance. The registrant shall be responsible for ensuring that the enclosed temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
I. 
Prohibited materials and uses. The storage of solid waste, chemical substances, and illegal or hazardous material is prohibited.
J. 
Inspection. Upon reasonable notice to the registrant, the Code Enforcement Officer may inspect the contents of any enclosed temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by this section.
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 residentially zoned or developed property to block any view of operations from all points on 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 of 10 feet in width along the street frontage(s).
G. 
The retail sales of fuel or operation of a vehicle service station on site shall require compliance with Article IX and be so noted on the special use permit.
A. 
No repair work may be performed outside of an enclosed structure, unless such activity may be performed in a paved rear yard 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 may be located in a paved rear yard and fully screened from adjacent residential properties and public view.
C. 
The premises shall be screened from adjacent property with landscaped screening at least six feet in height, unless otherwise approved by the ZBA.
D. 
No part of any building used as a vehicle service station or repair garage, and no filling pump, lift, or other service appliance, shall be erected within 25 feet of any residential district.
E. 
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.