Article III District Regulations

Purpose.

It is hereby found and declared that:

The floodway areas of the Town of Chili are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities. Structures that are inadequately placed in the floodway also contribute to the flood loss by changing direction of flow or, when inadequately anchored, damaging uses downstream.

(c)

The floodway has been determined to be an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential.

(2)

It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a)

To protect human life and health.

(b)

To minimize expenditure of public money for costly flood control projects.

(c)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(d)

To minimize prolonged business interruptions.

(e)

To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodway areas.

(f)

To ensure that potential buyers are notified that property is in floodway areas.

(g)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(3)

In addition, these regulations shall be used to fulfill the requirements of the Department of Housing and Urban Development Federal Insurance Administration's National Flood Insurance Program for certification in that program.

Delineation of the Floodway District. There is hereby established an FW District to accomplish the purpose of this section. The boundaries of the FW District are delineated more specifically on the Zoning Map which is part of this chapter. The delineation of the FW District is based upon the likelihood of constant and frequent flooding and is intended to protect the floodway and to ensure that the floodway can function properly to carry away floodwaters as efficiently as possible. The delineation of this zone shall be considered to be in compliance with the Federal Insurance Administration's Flood Insurance Study for the Town of Chili, effective date August 28, 2008, and accompanying maps (FIRM and FBFM) on file in the Code Enforcement Officer's office. In the event that there is a discrepancy, the more stringent provisions shall prevail. This chapter does not imply that areas outside the floodway zone boundaries or land uses permitted within such district will be free from flooding or flood damages.

Permitted uses. The following uses are permitted outright:

(1)

General farming, including but not limited to the growing and raising of trees, vines, shrubs, berries, vegetables, nursery stock, hay, grains and similar food and fiber crops, pasture and grazing.

(2)

Open recreation uses (other than buildings or structures), such as parks and playgrounds; but not including such intensive commercial recreational uses as a racetrack or amusement park.

(3)

Wildlife, game and forest preserves.

(4)

Off-street parking areas.

(5)

Historic, scientific and scenic area preservation.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV and after meeting the special provisions of this zone as contained in Subsections E and F, except that this does not include residential uses:

(1)

Excavation and removal of sand, gravel, stone, loam, dirt and other earth products, subject to the provisions of Article VI, § 500-56.

(2)

Groins, jetties or docks.

(3)

Uses of a similar character but not specifically listed in Subsection C and this subsection may apply to the Planning Board for a special use permit. Such permits shall be granted upon a finding by the Board that said use is indeed of the same general character as the above-permitted uses.

Special dimensional requirements. The dimensional requirements shall be the minimum, as set forth in each underlying zoning district.

Special provisions applying to the Floodway Zone.

(1)

Structures including fencing (temporary or permanent) shall not be permitted.

(2)

Fill for any purpose, deposit, obstruction, storage of materials or equipment or other uses shall not be permitted.

(3)

No structures (permanent or temporary), fill for any purpose, deposit storage, obstruction or materials or equipment or other uses shall be permitted wherein, under any circumstances, such would increase the height of the water in the floodway.

(4)

In making a determination on special permit uses, variances and the exact location of the FWOD District boundaries, the appropriate Board should consider the following factors in addition to its normal review procedures according to Articles IV and IX of this chapter:

(a)

The danger that materials may be swept onto other lands to the injury of others.

(b)

The danger to life and property due to flooding or erosion damage.

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d)

The importance of the services provided by the proposed facility to the community.

(e)

The necessity to the facility of a waterfront location, where applicable.

(f)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(g)

The compatibility of the proposed use with existing and anticipated development.

(h)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i)

The safety of access to the property in times of flood of ordinary and emergency vehicles.

(j)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(k)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(5)

Upon consideration of the above factors and the purposes of this chapter, the Board may attach such conditions to the granting of variances or special permit uses as it deems necessary to further the purposes of this section. In addition, all provisions of § 500-10E, Special provisions applying to the FPOD, shall also be met.

(6)

The authorized official shall maintain the records of all actions, including technical information, and report any actions to the Federal Insurance Administration upon request.

Special procedures applying to the FWOD District. All construction, new uses or changes in use in FWOD Districts shall be subject to the provisions contained in Chapter 277, Flood Damage Prevention; this Chapter 500 of the Town Code and the National Flood Insurance Program. In addition to normal review procedure as part of any application, the reviewing board, department or local administrator shall do the following:

(1)

Review proposed developments to ensure that all necessary permits and reviews have been approved or completed as required by law.

(2)

The Department of Environmental Conservation and any adjacent communities shall be notified of any alterations or relocations of any waterways within the Town of Chili. Copies of notification shall also be submitted to the Federal Insurance Administrator. Maintenance easements must be a part of and provided with any alteration or relocation of any waterway so that the flood-carrying capacity is not diminished.

(3)

Maintain a record file of all affected projects and subdivisions to include:

(a)

An as-built drawing or map indicating the base flood elevation [in relation to mean sea level (MSL)] for the site, the ground elevation (mean sea level) of the exterior of the proposed construction, if any, the elevation (mean sea level) of the lowest habitable floor, including the basement, if any, and the height, elevation or special flood design or construction techniques used.

(b)

A record of all development permits, approvals, reviews and correspondence.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

§ 500-10 FPOD Floodplain Overlay District.

Purpose.

(1)

It is hereby found and declared that:

(a)

The floodplain areas of the Town of Chili are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(2)

It is, therefore, the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a)

To protect human life and health.

(b)

To minimize expenditure of public money for costly flood control projects.

(c)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(d)

To minimize prolonged business interruptions.

(e)

To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

(f)

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood-blight areas.

(g)

To ensure that potential buyers are notified that property is in an area of special flood hazard.

(h)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(3)

Delineation of the Floodplain Overlay District.

(1)

There is hereby established an FPOD District to accomplish the purpose as set forth in Subsection A of § 500-10. The boundaries of the FPOD District are delineated more specifically on the Official Zoning Map which is part of this chapter and is considered to be the same as the limits of the 100-year floodplain as delineated by the final Federal Insurance Administration's Flood Insurance Study for the Town of Chili, effective date August 28, 2008, as shown on the Flood Insurance Rate Map (FIRM) for Black Creek and the Genesee River and by the Corps of Engineers' Floodplain Information for Little Black Creek on file in the Department of Public Works and Building Department. This chapter does not imply that areas outside the FPOD District boundaries or land uses permitted within such district will be free from flooding or flood damages. Should there be a discrepancy between the boundaries illustrated on the Official Zoning Map and the boundaries illustrated in the Federal Insurance Administrations Flood Insurance Study for the Town of Chili and accompanying maps, the boundaries of the Federal Insurance Administrations Flood Insurance Study and the accompanying maps shall govern.

(2)

The FPOD District provides regulations to areas not covered in the FW Floodway District, § 500-9. The FPOD District is subject to inundation by standing water from a 100-year flood, hereinafter referred to as the "base flood." Larger floods may occur on rare occasions, the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris, and areas within these boundaries may flood to lesser degrees more often. This chapter does not imply that areas outside the overlay boundaries or land use permitted within such districts will be free from flooding or flood damages.

(3)

The provisions of this overlay district are intended to be supplementary controls over land use in addition to the controls in the mapped primary zoning districts and shall be used in combination with such districts.

Areas to which this section applies. All development and lands located within the boundaries of the FPOD District are subject to the regulations of this overlay district.

Special dimensional requirements. The dimensional requirements shall be the minimum, as set forth in each respective district or alternatively as required by the Planning or Zoning Board, to ensure the health, safety and welfare of the residents of Chili, but in no event shall they be less than that which is required in said district.

Special provisions applying to the FPOD District. Any development which becomes subject to the regulations of this district shall meet the following requirements in addition to those otherwise applicable to it under this chapter:

(1)

Site plan approval. In accordance with procedures established in Article V, the Planning Board shall render site plan approval or approval with conditions on all affected developments according to Subsection C above. Such approval shall be considered to fulfill the permit requirement as designated by the Federal Insurance Administration. In addition to requirements of Article V, the following shall be submitted for site plan review and approval:

(a)

The location of the land or structure involved showing its relationship to the floodplain, floodway and any drainageway, water body or channel.

(b)

The elevation of the lowest habitable floor level, including basements, and its relationship to the base flood elevation and the insurance risk rate established by the Federal Insurance Administration's Flood Insurance Study.

(c)

An evacuation plan for the development in periods of major flooding.

(d)

The design and placement of the water supply and on- or off-site sewage systems. Such systems shall be so designed as to minimize or eliminate infiltration of floodwaters into the systems. Discharges from the systems into floodwaters shall not contaminate surface water from disposal systems. Such systems shall be designed to avoid impairment of the system during flood periods.

(e)

The design and placement of all public utilities and facilities to minimize or eliminate flood damage.

(f)

A drainage plan to reduce exposure to flood hazards.

(2)

All structures or land subdivision shall meet the following flooding requirements:

(a)

All uses shall include floodproofing measures consistent with the base flood protection elevation and associated flood factors for the particular area in which construction is to take place.

(b)

Any structure built on pilings shall be constructed with the lowest floor elevation to at least two feet above the base flood elevation.

(c)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least two feet above the base flood elevation.

(d)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at least two feet above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

[1]

Be floodproofed below a point two feet above the base flood level such that the structure is watertight with walls substantially impermeable to the passage of water;

[2]

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

[3]

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied.

(e)

Manufactured homes. All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:

[1]

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations with mobile homes less than 50 feet long requiring one additional tie per side.

[2]

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.

[3]

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

[4]

Any additions to the manufactured home shall be similarly anchored.

(f)

For new manufactured home parks and mobile home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured home park or manufactured home subdivision, the following requirements shall apply:

[1]

Stands or lots shall be elevated on compacted fill or on pilings, so that the lowest floor of the manufactured home will be two feet above the base flood level;

[2]

Adequate surface drainage and access for a hauler shall be provided; and

[3]

In the instance of elevation on pilings, that:

[a]

Lots shall be large enough to permit steps;

[b]

Piling foundations shall be placed in stable soil no more than 10 feet apart; and

[c]

Reinforcement shall be provided for pilings more than six feet above the ground level.

(3)

A written statement shall be submitted, indicating the status of the project according to the New York State Environmental Quality Review Act (SEQRA), Section 404 of the Federal Water Pollution Control Act[1] or any other applicable review.

[1]

Editor's Note: See 33 U.S.C. § 1344.

(4)

All structures shall not cover a greater area than 25% of the total lot area.

(5)

Parking lot and paved storage areas shall not encompass more than 25% of the total area, and they shall be paved with materials and/or in such a way that water can penetrate to the soil below for groundwater storage and recharge purposes. This shall not mean that less parking than what is required in the primary district will be allowed or that normal construction practices will be waived.

(6)

Floodproofing measures shall conform to the New York State Building Code and the National Flood Insurance Program requirements. The Planning Board shall require that the applicant submit a plan certified by a registered professional engineer or architect to ensure that the floodproofing measures are consistent with the:

(a)

Flood protection elevation.

(b)

The Federal Insurance Administration requirements for floodproofing of structures.

(c)

Associated flood factors for the particular area.

(d)

The following floodproofing measures shall be required as a minimum. Other requirements may be imposed to protect life and property in the community.

[1]

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

[2]

Construction materials and methods.

[a]

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[b]

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

[3]

Utilities.

[a]

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

[b]

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems to floodwaters.

[c]

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

[4]

Subdivision proposals.

[a]

All subdivision proposals shall be consistent with the need to minimize flood damage.

[b]

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

[c]

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.

(7)

Any altered or relocated portion of any watercourse must maintain its flood-carrying capacity.

(8)

In making a determination on variances, the Zoning Board of Appeals shall consider the following factors in addition to its normal review procedures, according to Article IX of this chapter. The exact location of the FPOD District boundaries shall be as delineated by the final (FEMA) Flood Insurance Study for the Town of Chili, effective date August 28, 2008, as shown on the Flood Insurance Rate Map (FIRM) for Black Creek and the Genesee River and by the Corps of Engineers Floodplain Information for Little Black Creek on file in the Department of Public Works and Building Department.

(a)

The danger that materials may be swept onto other lands to the injury of others.

(b)

The danger to life and property due to flooding or erosion damage.

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d)

The importance of the services provided by the proposed facility to the community.

(e)

The necessity to the facility of a waterfront location, where applicable.

(f)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(g)

The compatibility of the proposed use with existing and anticipated development.

(h)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(j)

The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(k)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.

(9)

Upon consideration of the above factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

(10)

The Town Clerk of the Town of Chili shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Special procedures applying to the FPOD District. The Town, in addition to its normal review procedures, shall do the following:

(1)

Review proposed developments to ensure that all necessary permits and reviews have been approved or completed as required by law, including but not limited to the New York State Environmental Quality Review Law (SEQR), Section 404 of the Federal Water Pollution Control Act[2] or the New York State Freshwater Wetlands Act.

[2]

Editor's Note: See 33 U.S.C. § 1344.

(2)

The Department of Environmental Control and any adjacent communities shall be notified of any alterations or relocations of any waterways within the Town of Chili. Copies of such notification shall be submitted to the Federal Insurance Administrator. Maintenance easements must be a part of and provided with any alteration or relocation of any waterway so that flood-carrying capacity is not diminished.

(3)

Maintain a record file of all affected projects and subdivisions to include:

(a)

(b)

The approved evacuation plan as filed with the disaster preparedness authorities (civil defense, fire, police and ambulance services).

(c)

A record of all approvals, reviews and correspondence.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen plantings are permitted as set forth in Article VI, § 500-54.

§ 500-11 RA Rural Agricultural District.

Purpose. The Rural Agricultural District is intended to conserve those areas which are suitable for farm and agricultural uses and protect them against the encroachment of any incompatible uses and to maintain the openness and rural nature of the countryside and to provide areas which are appropriate for all kinds of typical rural development.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Agricultural practices as defined in Chapter 265, Farming, of the Town Code of the Town of Chili ("Right to Farm Law").

(2)

One single-family dwelling per legal lot.

(3)

Customary home occupation, as defined in § 500-101.

(4)

Ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse, provided that such structure(s) is/are a total of 192 square feet or less in floor area and is/are 12 feet or less in height above the floor level of the structure(s), per each type of structure (e.g., two sheds cannot total more than 192 square feet). Ornamental items, such as cupolas or weather vanes, are exempt from this height restriction. Such structures shall conform to the provisions of § 500-60.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Churches and similar religious institutions.

(2)

Hospitals and rest, nursing and convalescent homes.

(3)

Public and private schools.

(4)

Public and private utility buildings, structures and uses; but not including corporation, storage or repair yards, warehouses, power plants and similar uses.

(5)

Recreation uses, such as parks, playgrounds, golf courses, driving ranges, country clubs, swimming clubs and tennis clubs, but not including such intensive recreation uses as a race track or amusement park.

(6)

Wildlife preserve and the preservation of scenic, historic and scientific areas.

(7)

Boarding of horses, riding instruction and academies.

(8)

Cemeteries and related uses.

(9)

Excavation and removal of sand, gravel, stone, loam, dirt or other earth products, subject to the provisions of Article VI, § 500-56.

(10)

Private communications tower, provided that the same is for personal, not commercial, use and does not exceed the height restrictions set out in this chapter.

(11)

Private animal kennels, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any residential property line.

(12)

Yard waste processing business. Such business shall be limited to accepting and processing leaves, grasses, brush and trees and their branches and sod.

(13)

Home businesses which would otherwise meet the definition of "customary home occupation," provided that not more than one person, other than a family member residing in the dwelling, may be employed in the business.

(14)

One two-family dwelling or duplex.

Dimensional requirements. The following dimensional requirements shall be observed for the district classification designated in the chart below and on the Zoning Map, except that on major roads listed in § 500-59D dimensional requirements shall be made according to § 500-59C. The map designation RA-1 hereby creates a separate rural agricultural zoning classification as though separately listed as a district.

(1)

Required minimums.

Map Designation	Lot Area (acres)	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)
RA-1	1	150	100	30	50
RA-10	10	500	100	50	50

(2)

Any building housing livestock or any noxious commodity shall be no nearer than 100 feet to any lot line, except when abutting any other use district. Then the distance shall be no nearer than 200 feet.

(3)

The maximum building height shall be 35 feet; provided, however, that this regulation shall not apply to barns, silos, water towers or tanks or other farm buildings or structures on farms, provided that they are not less than 100 feet from every property line if they exceed said height limitation.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

§ 500-12 R-1-6 Single-Family Residential District.

Purpose. The purpose of the R-1-6 Residential District is to permit the development of lots of record in a defined area (see Subsection B below), platted years ago before the enactment of zoning. Furthermore, it is because of these existing conditions and the Town of Chili's desire to permit development consistent with the land use recommendation contained in the adopted Town of Chili Comprehensive Plan. It is further the purpose of these regulations to control development of this area which contains a unique combination of circumstances.

Defined area. The use of R-1-6 zoning is permitted exclusively in the area of Town bound by Black Creek to the North, Scottsville Road to the East, Genesee Valley Greenway to the West and the southernmost property line of the lots located on Greyson Road.

Permitted uses. The following uses and their accessory uses are permitted:

(1)

One single-family dwelling per legal lot.

(2)

(3)

Customary home occupation, as defined in § 500-101.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Churches and similar religious institutions.

(2)

Public and private utility buildings, structures and uses, but not including construction, storage or repair yards, warehouses, power plants and similar uses.

(3)

Community centers owned and operated by a government agency.

(4)

(5)

One two-family dwelling or duplex.

Dimensional requirements. The following dimensional requirements shall be observed for the district classification designated in the chart below and on the Zoning Map. The map designation "R-1-6" hereby establishes the basis for separate dimensional requirements for site development in the Single Family Residential District (R-1-6) zoning classification as follows:

(1)

Required minimums:

Map Designation	Lot Area (square feet)	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	Maximum Aggregate Lot Coverage (percent)
R-1-6	6,000	50 60*	40 75**	8	25	30

NOTES:
*	Minimum lot width only for those lots fronting along the affected major highways listed in § 500-59D of this chapter.
**	Minimum front yard setback only for those lots fronting along the affected major highways listed in § 500-59D of this chapter.

(2)

The maximum building height shall be 35 feet.

(3)

On a corner lot, both sides abutting a street shall have a front yard setback.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen plantings are permitted as set forth in Article VI, § 500-54.

Criteria For Single-Family Residential District designation. The Town Board may consider an application for rezoning a defined area of Rural Agricultural (RA) land to R-1-6 where, upon referral from the Town Planning Board, each of the following criteria have been found:

(1)

The area has been identified on the Town of Chili Comprehensive Plan for higher density residential development than that envisioned in the Rural Agricultural (RA) District.

(2)

The area is not located within the Southwestern Monroe County Agricultural District No. 5, identified in the adopted Town of Chili Agriculture and Farmland Protection Plan as strategic farmlands to be protected by the Town of Chili Agriculture and Farmland Protection Plan, nor are the lands involved being actively used for agricultural purposes.

(3)

The area is served by public water and sewer, and there is adequate capacity to accommodate the proposed increased density of development.

(4)

The area is within three highway miles of an existing fire station.

(5)

The area is not located within the delineated Floodway Overlay District (FWOD) on the Official Zoning Map.

(6)

The area does not contain major drainage problems for which solutions cannot be provided by the applicant as part of site plan approval.

§ 500-13 R-1 Residential Single-Family District.

Purpose. The R-1 Residential District is intended to promote and encourage a suitable environment for single-family living and to protect and stabilize the residential characteristics of the district and existing neighborhoods.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

One single-family dwelling per lot.

(2)

(3)

Customary home occupation, as defined in § 500-101.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Churches and similar religious institutions.

(2)

Hospitals and rest, nursing and convalescent homes.

(3)

Public and private colleges and schools, including nursery schools, kindergartens, day nurseries and parks, but not including a business, dancing, trade, technical or similar schools.

(4)

Public and private utility buildings, structures and uses, but not including construction or contractor storage or repair yards, warehouses, power plants and similar uses.

(5)

(6)

Wildlife preserve and the preservation of scenic, historic and scientific areas.

(7)

One two-family dwelling or duplex.

(8)

(9)

Sales of agricultural products, subject to the limitation that they are sold only during their local individual harvest season.

(10)

Private communications tower, provided that the same is for personal, not commercial, use and does not exceed the height restrictions set out in this chapter.

Dimensional requirements. The following dimensional requirements shall be observed for the district classification designated in the following chart and on the Zoning Map, except that on major roads listed in § 500-59D dimensional requirements shall be made according to § 500-59C. The map designations R-1-12, R-1-15, and R-1-20 hereby create separate single-family residential zoning classifications as though separately listed as districts.

(1)

Required minimums.

Map Designation	Lot Area (square feet)	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	Maximum Aggregate Lot Coverage (percent)
R-1-12	12,000	80	60 *75	10	30	25
R-1-15	15,000	90	60 *75	10	40	25
R-1-20	20,000	100	60 *75	10	60	25

NOTE:
*Minimum front yard setback only for those lots fronting along the affected major highways listed in § 500-59D of this chapter.

(2)

The maximum building height shall be 35 feet.

(3)

On a corner lot both sides abutting a street shall have a front yard setback.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

§ 500-14 RM Residential Multiple-Family District.

Purpose. It is the intent of the Town to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large scale development of these units to the extent that large areas of the Town become so devoted to such use that single-family residences would appear out of place. Accordingly, areas shall be zoned as an RM District only upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the Town, if any, and this statement of purpose.

Permitted uses. The following uses are permitted outright:

(1)

Apartment houses, multiple dwellings and dwelling groups and condominiums and cooperatives which are simply apartment houses under certain specified rules of ownership.

(2)

Normal accessory uses designed as an integral part of the development and scaled for the exclusive use of the residents of the development.

(3)

Customary home occupation, as defined in § 500-101. NOTE: Must have written approval of the property owner if a tenant.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

(2)

Single-family dwellings and duplexes.

(a)

For detached single-family dwellings and duplexes, ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse is/are permitted, provided that such structure(s) is/are a total of 192 square feet or less in floor area and is/are 12 feet or less in height above the floor level of the structure(s), per each type of structure (e.g., two sheds cannot total more than 192 square feet). Ornamental items, such as cupolas or weather vanes, are exempt from the height restriction. Such structures shall conform to the provisions of § 500-60.

(3)

Dimensional requirements. Dimensional requirements shall be as follows, except that on major roads listed in § 500-59D dimensional requirements shall be made according to § 500-59C:

(1)

Minimum size of site shall be 36,000 square feet; such lot to have a width of 150 feet at the building line and an average depth of 200 feet.

(2)

Density. The maximum number of dwelling units per gross acre shall depend upon the specific structural style used. The number of units allowed, when constructed as a linear series of noncommunicating units with no common hallways or entrances, shall be computed using a maximum density of eight units per gross acre.

(3)

Site coverage. Maximum site coverage by all buildings and structures is 30% of the lot area, such percentage to be calculated on the basis of the total project area, regardless of whether or not portions thereof need to be platted for townhouses.

(4)

Yard requirements.

(a)

No building shall be nearer than 60 feet to the street line of any dedicated street peripheral to the site, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet.

(b)

No building shall be nearer than 40 feet to the street line of any interior project road. In the case of nondedicated streets and roads, this setback shall be measured from the limits of the paved area.

(c)

No living-unit building shall be nearer than 40 feet to any interior lot line.

(d)

No living-unit building shall be nearer than 30 feet to any rear lot line.

(e)

No accessory building, including unattached garages, shall be nearer than 10 feet to any lot line in the required rear or side yard and shall not be located in any required front yard.

(f)

Side yard setbacks for lot lines on party walls of townhouses are permitted to be zero feet.

(5)

The maximum building height shall be 35 feet.

(6)

Building capacity. No building shall contain more than 12 dwelling units, and at no time shall there be more than six dwelling units in a row.

(7)

Minimum unit size of apartments. Efficiency apartment: a minimum of 550 square feet; one-bedroom apartment: a minimum of 700 square feet; two-bedroom apartment: a minimum of 850 square feet. An additional 150 square feet for each bedroom shall be added for larger apartment sizes. No more than 10% of all units shall be in three-bedroom-or-larger units.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

Site plan approval. All construction, new uses or changes in use in RM Districts shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article V of this chapter.

§ 500-15 PRD Planned Residential Development District.

Purpose. The purpose of this Planned Residential Development District is to provide flexible land use and design regulations that indicate the Town's desire to direct new residential development within a designated area of the Town which can be planned and implemented as a unit. This district is intended to provide a variety of housing types and allows, under controlled conditions, for the nonresidential uses of land which are compatible with the residential needs of a neighborhood development mode.

Permitted uses.

(1)

The following uses and their accessory uses are permitted outright for those portions of the district fully serviced by public sewers and public water:

(a)

All residential uses, except manufactured homes are permitted within the Town.

(b)

Customary home occupation, as defined in § 500-101.

(2)

The following uses and their accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water:

(a)

Agriculture and related residential uses.

(b)

Single-family residences.

(c)

Customary home occupation, as defined in § 500-101.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Churches and similar religious institutions.

(2)

Hospitals and rest, nursing and convalescent homes.

(3)

Public and private colleges and schools, including nursery schools, kindergartens, day nurseries and parks; but not including a business, dancing, trade, technical or similar school.

(4)

Public and private utilities.

(5)

Recreation uses, such as parks, playgrounds, golf courses, driving ranges, country clubs, swimming clubs and tennis clubs.

(6)

(7)

All uses permitted or conditionally permitted within the Restricted Business or Neighborhood Business District listed in § 500-18.

(8)

Private animal kennels, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any residential property line.

Dimensional requirements.

(1)

The following dimensional requirements shall be met in order to qualify as a planned residential development proposal:

(a)

A proposal shall contain at least 50 contiguous acres.

(b)

The minimum residential lot size shall be 10,000 square feet. The maximum residential lot size shall be 20,000 square feet. All other dimensional requirements are subject to Planning Board approval under the site plan approval procedures set forth in Article V.

(c)

The maximum allowable units per acre for multifamily units shall be 10 units per acre. All other dimensional requirements are subject to Planning Board approval during site plan review.

(2)

The following dimensional requirements shall be met for areas not serviced by public sewers and public water:

(a)

The minimum residential lot size shall be five acres.

(b)

Notwithstanding the minimum lot sizes set forth herein, if the site proposed for development is not served by public sanitary sewer facilities, the lot size shall be increased as necessary to ensure the minimum separation distances between on-site disposal facilities and individual private water supplies as required by the Monroe County Department of Health.

Special provisions applying to the Planned Residential Development District.

(1)

In order to carry out the purpose of this district, the following objectives shall be met:

(a)

Maximizing choice of housing types, tenure and lot sizes for all economic levels.

(b)

Providing additional usable open space and recreational areas, while protecting the natural environment.

(c)

Creating an efficient land use pattern which will reduce the cost of public streets and other public utilities.

(d)

Developing the Town in harmony with the objectives of the Comprehensive Plan.

(e)

Offering a more innovative and desirable residential environment than would be possible through the rigid application of other provisions of this chapter.

(2)

A tract of land for a planned residential development proposal may be owned, leased or controlled either by a single person, corporation or by a group of persons or corporations. An application for site plan approval must be filed by the owner, lessee or the joint owners of all the property within the proposal. In the case of multiple ownership, the approved plan shall be binding on all parties.

(3)

Site plan review under the provisions of Article V shall be required of all proposed uses in this district (where public sewer and public water are involved). The applicant shall prepare sets of subdivision plats as required by Chapter 439, Subdivision of Land, of the Code of the Town of Chili and suitable for filing with the Monroe County Clerk.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen plantings are permitted as set forth in Article VI, § 500-54.

§ 500-16 RB Restricted Business District.

Purpose. The purpose of creating a Restricted Business (RB) District is to provide for the location of professional and administrative offices and related activities in a setting which is attractive and convenient for public uses, while establishing employment opportunities and broadening the tax base. This district is intended to act as a buffer between residential areas and the more intensively used districts, including General Business and Neighborhood Business Districts.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Licensed professionals and offices, including the following professions:

(a)

Attorneys.

(b)

Physicians, including urgent/immediate care facilities.

(c)

Architects.

(d)

Accountants.

(e)

Specialized business or commercial schools (excluding commercial driver training schools).

Employment agencies.

Credit bureaus.

Data processing.

Management consultants.

(j)

Manufacturer's agents.

(k)

Commercial artists.

Special permit uses.

(1)

The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(a)

Hospital equipment and supplies.

(b)

Medical and dental laboratories.

(2)

Uses of a similar character but not specifically listed in this subsection or Subsection B must apply to the Planning Board for a special use permit.

Dimensional requirements shall be as follows:

(1)

Lot area: no requirements.

(2)

Lot width: no requirements.

(3)

Lot depth: minimum of 250 feet.

(4)

Front yard: minimum of 60 feet, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet.

(5)

Side yard: no requirement, except when prescribed by the Planning Board pursuant to Article V. When abutting an R-1 or RM District or another street, the side yard shall be a minimum of 40 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(6)

Rear yard: no requirement, except when prescribed by the Planning Board under Article V. When abutting an R-1 or RM District or another street, the rear yard shall be a minimum of 40 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(7)

Maximum lot coverage by buildings and structures shall be 30% of the total lot area.

(8)

Maximum building height shall be 35 feet.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43, i.e., one space per two employees; one space per 200 square feet.

Signs. Signs are permitted as set for in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54, except as otherwise prohibited in Subsections D(5) and (6) above herein.

All construction, new uses or changes in use in the RB District shall be subject to site plan approval by the Planning Board, in accordance with the procedures established in Article V of this chapter.

§ 500-17 (Reserved)

§ 500-18 NB Neighborhood Business District.

Purpose. The purpose of this district is to provide areas or centers for convenient shopping to serve residential neighborhoods. These districts shall be encouraged to locate in small groups or clusters and to be generally distributed throughout the Town in proportion to the population and shall be limited both in size and proximity to one another.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Any permitted use in the RB District.

(2)

Convenience stores, convenience stores with petroleum, excluding stores which exceed 2,500 square feet.

(3)

Barbershops and/or beauty shops.

(4)

Clothes-cleaning pickup agency, including self-service cleaning establishments.

(5)

Schools for karate, dance, music, exercise, or vocational training.

(6)

Dog grooming establishments, excluding boarding facilities or kennels.

(7)

Bakeries, excluding bakeries where the preparation area exceeds 2,500 square feet.

(8)

Butcher shops, excluding butcher shops where the preparation area exceeds 2,500 square feet.

(9)

Pizzerias.

(10)

Delicatessens.

(11)

Gift shops, excluding gift shops which exceed 2,500 square feet.

(12)

Coffee shops.

(13)

Ice cream parlors.

(14)

Neighborhood pharmacies, excluding neighborhood pharmacies which exceed 2,500 square feet.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Any specially permitted use in the RB District.

(2)

Residential units not on the ground floor of a building.

(3)

Conversion of an existing dwelling unit to a permitted use.

(4)

Public and private utility buildings, structures and uses, but not including construction storage or repair yards, warehouses, power plants and similar uses.

(5)

Funeral homes and mortuaries.

(6)

Uses of a similar character but not specifically listed in this subsection or Subsection B must apply to the Planning Board for a special use permit.

(7)

Private animal kennels, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any residential property line.

(8)

Hardware stores, excluding sales of lumber.

Dimensional requirements.

(1)

Lot area: no requirements.

(2)

Lot width: no requirements.

(3)

Lot depth: minimum of 250 feet.

(4)

Front yard: minimum of 60 feet, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet.

(5)

Side yard: no requirements, except when prescribed by the Planning Board pursuant to Article V. When abutting an R-1 or RM District or another street, the side yard shall be a minimum of 40 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(6)

Rear yard: no requirements, except when prescribed by the Planning Board under Article V. When abutting an R-1 or RM District or another street, the rear yard shall be a minimum of 40 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(7)

Maximum lot coverage by buildings and structures shall be 30% of the total lot area.

(8)

The maximum building height shall be 35 feet.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

Outside storage and or sales are prohibited.

All permitted changes of use in the NB District shall require a building permit, issued by the Building Department.

§ 500-19 GB General Business District.

Purpose. The purpose of this district is to make provisions within the Town for larger concentrations of retailing and service activity in the form of unified shopping centers.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Any permitted use in the RB or NB Districts.

(2)

Photographic and artist supplies and studios, music or dancing schools and art galleries, libraries and reading rooms.

(3)

Banks and financial institutions.

(4)

Variety store and gift, notion, toy, pet, hobby, video rental/sales and bicycle shops.

(5)

Garden supply, hardware, home furnishing, health food, furniture and liquor stores.

(6)

Book-, stationery, jewelry, leather, luggage and musical instrument stores.

(7)

Department and clothing stores.

(8)

New auto parts and household appliances.

(9)

Restaurants, theaters (not to include a drive-in theater), bowling alleys and places of public assemblage.

(10)

Health and/or fitness centers.

(11)

Video stores, excluding adult video stores as further defined in Chapter 500, Article XV, of the Chili Town Code.

(12)

Pharmacies, with or without drive-through service.

(13)

Grocery stores (including grocery stores/convenience markets with petroleum stations).

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Any specially permitted use in the RB or NB Districts.

(2)

Public buildings and public utility buildings and structures.

(3)

Commercial off-street parking lots, subject to the provisions of Article VI, § 500-43.

(4)

Dwelling units not on the first floor of a building.

(5)

Hotels and motels.

(6)

Veterinary offices and animal hospitals (excluding outdoor housing and recreation for animals).

(7)

Outdoor sales, excluding outside storage.

(8)

Outdoor cafes.

(9)

Uses of a similar character but not specifically listed in this subsection and Subsection B must apply to the Planning Board for a special use permit.

Dimensional requirements. Dimensional requirements shall be as follows, except that on major roads listed in § 500-59D dimensional requirements shall be made according to § 500-59C:

(1)

Lot area: no requirements.

(2)

Lot width: no requirements.

(3)

Lot depth: minimum of 250 feet.

(4)

Front yard: minimum of 60 feet, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet.

(5)

Side yard: no requirements, except when prescribed by the Planning Board pursuant to Article V of this chapter. When abutting an R-1 or RM District or another street, the side yard shall be a minimum of 60 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(6)

Rear yard: no requirements, except when prescribed by the Planning Board pursuant to Article V of this chapter. When abutting an R-1 or RM District or another street, the rear yard shall be a minimum of 60 feet, at least 30 feet of which shall be a fully landscaped buffer along the full length of the side yard. This buffer area shall be densely planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent property. The height of any berms or raised beds shall not be included in said six-foot height. While fences and/or walls may be provided in addition to said landscaping, they shall not be substituted therefor. The treatment of the buffer area shall not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

(7)

Maximum lot coverage by buildings and structures shall be 30% of the total lot area.

(8)

Maximum building height shall be 35 feet.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

All permitted changes of use in the GB District shall require a building permit, issued by the building department.

§ 500-20 LI Limited Industrial District.

Purpose. The purpose of this district is to provide for research or development of materials, methods or products and compatible light manufacturing while preserving the natural surrounding and maximizing open space.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.

(2)

Manufacture of electric, electronic or optical instruments or devices.

(3)

Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.

(4)

Warehousing and distribution facilities.

(5)

Motor vehicle sales, parts distribution, repair and service stations intended to serve primarily large trucks, including tractor trailers and recreational vehicles and that all vehicle maintenance shall be within an enclosed building.

(6)

Public storage facilities. Outside storage shall be limited to recreation vehicles and automobiles, excluding commercial vehicles.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Public utility buildings.

(2)

Animal kennels, commercial or private, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any residential property line.

(3)

Grocery stores.

(4)

Retail warehouse and retail wholesale clubs.

(5)

Recreation uses, such as parks, playgrounds, golf courses, driving ranges, country clubs, swimming clubs and tennis clubs.

(6)

Manufacture of food products.

(7)

Manufacture of pharmaceuticals.

(8)

Travel centers.

(9)

Truck terminals.

(10)

Uses of a similar character but not specifically listed in this subsection and Subsection B must apply to the Planning Board for a special use permit.

Dimensional requirements. Dimensional requirements shall be as follows, except that on major roads listed in § 500-59D dimensional requirements shall be made according to § 500-59C:

(1)

Lot area: minimum of 62,500 square feet.

(2)

Lot width: minimum of 250 feet.

(3)

Lot depth: minimum of 250 feet.

(4)

Front yard: minimum of 60 feet, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet. This front yard shall be exclusive of and in addition to any buffer area required in Subsection F(1) of this section.

(5)

Side yard: minimum of 40 feet. This side yard shall be exclusive of and in addition to any buffer area required in Subsection F(1) of this section.

(6)

Rear yard: minimum of 80 feet. This rear yard shall be exclusive of and in addition to any required buffer area as required in Subsection F(1) of this section.

(7)

Maximum lot coverage by buildings and structures shall be 40% of the total lot area.

(8)

Maximum building height shall be 50 feet.

Special provisions applying to the LI Limited Industrial District.

(1)

All permitted changes of use in the LI District shall require a building permit, issued by the Building Department.

(2)

Wherever a permitted use in the LI District is located adjacent to any other district, with the exception of a GI General Industrial District, a fully landscaped buffer 100 feet in width must be provided along the full length of the adjacency. This buffer area shall be planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the industrial activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, as determined by the Planning Board during its review of the site plan.

(3)

All assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.

(4)

At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosion or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.

(5)

The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality of design as to be a visual asset to the area in which they are located.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

§ 500-21 GI General Industrial District.

Purpose. The purpose of this district is to provide for the establishment of heavier industrial uses essential to the development of a balanced economic base in an industrial environment and to regulate such industrial development so that it will not be detrimental or hazardous to the surrounding community and the citizens thereof.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Any use permitted in the LI District.

(2)

Cold-storage plants and ice manufacturers, including storage and offices.

(3)

Printing, publishing and bookbinding.

(4)

Public utility buildings and yards.

(5)

Retail or combination retail, wholesale lumber and building materials yard, not including concrete mixing.

(6)

Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, stone monuments, upholstery and welding.

(7)

Wholesale distribution and warehousing of all standard types of prepared or packaged merchandise, excluding, however, such uses as fertilizer, explosives, compost and nitrocellulose.

(8)

Processing uses, such as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet- and rug-cleaning plants, cleaning and dyeing plants, tire-retreading, recapping and rebuilding.

(9)

All types of automobile, motorcycle, truck and equipment sales, repair and rental.

(10)

Convenience stores, including the sale of petroleum products.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

Private animal kennels, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any residential property line.

(2)

Commercial driving schools.

(3)

Recreation uses, such as parks, playgrounds, golf courses, driving ranges, country clubs, swimming clubs and tennis clubs.

(4)

Adult use entertainment establishments as further regulated elsewhere in this chapter.

(5)

Uses of a similar character but not specifically listed in this subsection and Subsection B must apply to the Planning Board for a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accordance

Dimensional requirements.

(1)

Lot area: minimum of 50,000 square feet.

(2)

Lot width: minimum of 200 feet.

(3)

Lot depth: minimum of 250 feet.

(4)

Front yard: minimum of 50 feet, except for those lots fronting along the affected major highways listed in § 500-59D of this chapter for which the setback shall be 75 feet.

(5)

Side yard: minimum of 35 feet. This side yard shall be exclusive of and in addition to any required buffer area as required in Subsection E(2) of this section.

(6)

Rear yard: minimum of 40 feet. This rear yard shall be exclusive of and in addition to any required buffer area as required in Subsection E(2) of this section.

(7)

Maximum lot coverage by buildings and structures shall be 50% of the total lot area.

(8)

Maximum building height shall be 50 feet.

Special provisions applying to the GI General Industrial District.

(1)

All construction, new uses or changes in use in the GI District shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article V.

(2)

Wherever a permitted use in the GI District is located adjacent to any other district, with the exception of an LI Limited Industrial District, a fully landscaped buffer 100 feet in width must be provided along the full length of the adjacency. This buffer area shall be planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the industrial activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, as determined by the Planning Board during its review of the site plan.

(3)

At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.

(4)

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as set forth in Article VI, § 500-54.

§ 500-22 PUD Planned Unit Development District.

Purpose. It is the purpose of this PUD Planned Unit Development District to provide flexible land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof may be developed within the Town that incorporate a variety of residential types and nonresidential uses and contain both individual building sites and common property which are planned and developed as a unit. Where planned unit development is deemed appropriate through the rezoning of land to a PUD District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. The PUD District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this district.

Permitted uses. The following uses and their accessory or associated uses are permitted outright:

(1)

All residential types. In developing a balanced community the use of a variety of housing types shall be deemed most in keeping with this district.

(2)

Commercial, service and other nonresidential uses. These are to be scaled and located on the site, primarily to serve the residents of the planned unit development.

Dimensional requirements. The minimum area required to qualify for a planned unit development shall be 50 contiguous acres of land.

Special provisions applying to the PUD Planned Unit Development District.

(1)

In order to carry out the purposes of this district, a planned unit development shall achieve the following objectives:

(a)

A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.

(b)

More usable open space and recreation areas.

(c)

More convenience in location of accessory commercial and service areas.

(d)

The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.

(e)

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.

(f)

An efficient use of land resulting in smaller networks of utilities and streets and, thereby, lower housing costs.

(g)

A development pattern in harmony with the objectives of the Comprehensive Plan.

(h)

A more desirable environment than would be possible through the strict application of other provisions of this chapter.

(2)

The tract of land for a project may be owned, leased or controlled either by a single person, corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.

(3)

Before the consideration of any rezoning of property to planned unit development can take place by the Town Board, the developer or his authorized agent shall apply to the Planning Board for and secure sketch plan approval of such planned unit development in accordance with the sketch plan approval procedures established in Subsection E. A public hearing shall be held by the Planning Board according to Article X of this chapter. At the discretion of the Planning Board, the public hearing and the sketch plan approval proceeding may be held simultaneously, otherwise the sketch plan proceedings must be held prior to the Planning Board's public hearing on the amendment. Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct the public hearings necessary for the purpose of considering planned unit development zoning for the applicant's plan in accordance with the procedures established in Article X. The development of the planned unit development shall be conditional upon the applicant's securing of final site plan approval in accordance with procedures set forth in Article V and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the planned unit development.

(4)

The Town Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.

(5)

When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.

(6)

When required, subdivision review per Chapter 439, Subdivision of Land, shall be conducted contemporaneously with the provisions of Article V of this chapter.

(7)

Upon receipt of a complete application for sketch plan approval and preliminary site plan approval, the Planning Board shall refer said application to the Monroe County Department of Planning for its report to the Planning Board within 30 days of receipt of said referral.

(8)

For the purposes of regulating development and use of property after initial construction and occupancy and changes other than use, changes shall be processed as a special permit use request to the Planning Board. Use changes shall also be in the form of a request for special permit use, except Town Board approval shall be required. Properties lying in a PUD District are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.

Sketch plan approval. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Planning Board and a completed environmental assessment form to the Planning Board.

(1)

Requirements. A sketch plan layout shall be prepared and submitted to the Planning Board with the number of copies as required by the Town for distribution as needed to coordinate with other consultants or agencies. Before preparing a sketch plan layout, the developer may discuss with the Planning Board, Town Supervisor or the Town Engineer the general requirements as to design of streets, reservation of land, drainage, sewerage, water supply, fire protection and other improvements, as well as procedural matters. Developers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch plan layout stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. The Planning Board shall study the sketch plan layout of a proposed subdivision in relation to existing or potential development of the adjacent area, the Town and County Master Plans, if any, and, in the course of its review, consult with other interested public agencies. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:

(a)

The location of the various uses and their areas in acres.

(b)

The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

(c)

Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure; plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area.

(d)

Delineation of the various nonresidential use areas indicating for each such use its general extent, size and composition. The nonresidential use areas should also describe the type of market it will serve.

(e)

The interior open space system; only usable land shall be considered for such purposes.

(f)

The overall drainage and stormwater management system.

(g)

If grades exceed 3% or portions of the site have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.

(h)

Principal ties to the community at large with respect to transportation, water supply and sewage disposal.

(i)

General description of the provisions of other community facilities, such as schools, fire protection services, recreational facilities, and cultural facilities, and some indication of how these needs are proposed to be accommodated.

(j)

A location map showing uses and ownership of abutting lands.

(2)

In addition, the following documentation shall accompany the sketch plan:

(a)

Evidence of how the developer's particular mix of land uses meets existing community demands.

(b)

Evidence that the proposal is compatible with the goals of the official Comprehensive Plan.

(c)

General statement as to how common open space is to be owned and maintained.

(d)

If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.

(e)

Evidence of any sort in the applicant's own behalf to demonstrate his physical and financial competence to carry out the plan and his awareness of the scope of such a project.

(3)

Notification of decision. Not later than 45 days following the receipt of a complete sketch plan, as certified by the Building Department, the Planning Board shall convey a written report to the applicant containing its comments concerning the design of the proposed subdivision, including, in appropriate cases, suggestions as to coordination with the design of adjacent areas or compliance with requirements of other interested public agencies. A letter to the applicant conveying the Planning Board's comments shall be considered a sufficient written report. If the applicant does not receive such a report after the forty-five-day limit, the sketch plan shall be considered approved.

(a)

A favorable report shall include a recommendation to the Town Board that public hearings be held for the purpose of considering planned unit development zoning. It shall be based on the following findings which shall be included as part of the report:

[1]

The proposal conforms to the Master Plan.

[2]

The proposal meets the intent and objectives of planned unit development.

[3]

The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.

[4]

There are adequate services and utilities available or proposed to be made available in the construction of the development.

(b)

An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for planned unit development zoning with the Clerk of the Town Board. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.

Financial responsibility. No building permits shall be issued for construction within a PUD District until improvements are installed or a letter of credit is posted in accordance with the same procedures as provided for in § 277 of the Town Law relating to subdivisions and the requirements of Chapter 439, Subdivision of Land, of the Code of the Town of Chili. Other such requirements may also be established from time to time by the Town Board.

§ 500-23 PNOD Planned Neighborhood Overlay District.

Purpose; approval required.

(1)

The purpose of the Planned Neighborhood Overlay District (PNOD) is to provide flexible land use and design regulations that promote unified and orderly development of neighborhoods within the Town of Chili. A prerequisite to rezoning land to PNOD is the preparation of an overall development plan that allow an orderly transition of land uses, both internally and externally, to the PNOD site. PNOD land uses shall consist of a mix of residential, neighborhood commercial, restricted business and open-space uses. The PNOD is an overlay zoning district with regulations that superimpose additional permitted and special permitted uses upon the underlying zoning district in exchange for a pattern of development that integrates the existing neighborhood with the planned neighborhood. The PNOD allows flexibility in planning and development of parcels of land that are located within one of the nine study subareas defined in the adopted Town of Chili Comprehensive Plan, Figure 2-4, thereby assuring compatibility with adjacent development and the creation of a planned neighborhood.

(2)

Whenever any Planned Neighborhood Overlay District (PNOD) development is proposed, and before any permits for the erection of permanent buildings or facilities in such planned neighborhood shall be granted, and before any subdivision plat or any part thereof may be flied in the office of the Monroe County Clerk, the applicant shall apply for and secure approval of such planned neighborhood overlay development in accordance with the procedures set forth in this chapter. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the Town Code.

Permitted uses.

(1)

The following uses are permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of Subsection E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

(a)

Senior citizen dwelling units and complexes.

(b)

Single-family detached units.

(c)

Restricted business permitted and conditionally permitted uses.

(d)

Neighborhood business permitted and conditionally permitted uses.

(e)

Park and recreational areas.

(f)

Public buildings and grounds.

(2)

The following accessory uses are permitted in the Planned Neighborhood Overlay District subject further to site plan approval as set forth in the Town Code.

(a)

Private recreational facilities, including but not limited to swimming pools, tennis courts, walking/jogging trails, recreation centers, etc., that are designed exclusively for use by residents (and their guests) within the Planned Neighborhood Overlay District.

Special permit uses. The following uses and their accessory uses are permitted in the Planned Neighborhood Overlay District (PNOD), subject to the requirements set forth in this section and including but not limited to the requirements of Subsection B(2), when authorized in accordance with Article IV of this chapter of the Town Code.

(1)

Residential dwelling units not on the ground floor of a building and when the ground floor part of a building is a permitted nonresidential use.

(2)

Neighborhood retail stores whose structures and site layout are designed to complement abutting residential development. Such neighborhood retail uses are intended to meet a demand as determined by a reputable market study that is to be submitted with said application for rezoning. The total gross floor area for each commercial structure shall not exceed 10,000 square feet.

(3)

Limited-alcohol restaurants, subject to the following continuing conditions, in addition to the conditions contained in any special use permit:

(a)

Limit on alcohol sales. Alcohol sales shall only be permitted as an accessory use to the limited-alcohol restaurant. Said restaurant shall not derive more than 40% of its gross sales from the use, sale or consumption of alcohol on the premises. Such restaurant shall provide the head of the Building Department, or designee, with an accounting report and documents evidencing same, prepared by a New York licensed, certified public accountant, providing proof that the restaurant derives no more than 40% of its gross sales from the use, sale or consumption of alcohol on the premises. Reports shall be provided to the head of the Building Department within 10 days of the end of each quarter (each three-month period) of each year.

(b)

Drive-through service. Drive-through service and take-out windows are prohibited.

(c)

Outdoor service of alcohol. Beverage alcohol may not be served or consumed in outdoor cafes.

(d)

Use variance. These continuing conditions are fundamental elements to the use of a limited-alcohol restaurant and may not be varied except through issuance of a use variance by the Zoning Board of Appeals and approval by the State Liquor Authority.

(4)

No-alcohol restaurant.

Dimensional requirements.

(1)

The following dimensional requirements shall be met in order to qualify as a Planned Neighborhood Overlay District (PNOD) development:

(a)

A PNOD development proposal shall contain at least 30 contiguous acres of land, of which at least 15 acres are developable, that is located along one of the major highways listed in § 500-59 of the Town Code; have a minimum frontage of 650 feet along one of the major highways listed, and be abutting to land more than 1/2 of which has been zoned for or actually developed for residential purposes. Where the applicant can demonstrate that a particular site's characteristics will meet the PNOD objectives set forth in Subsection E below, the requirement of minimum frontage along a major highway may be modified by the Planning Board. The Town Board may consider a PNOD rezoning application where said land is less than 30 acres; however, not less than 15 acres, provided further that the land fronts along one of the major highways listed in § 500-59 of the Town Code. In addition, the Town Board shall find each of the following:

[1]

That the development of the site(s) shall be served by both public water and sanitary sewer.

[2]

That an overall development plan of the site meets the long-term needs of both the PNOD site and the neighborhood; and that all development can be realized in its entirety within the dimensional constraints established elsewhere in this section.

[3]

That subsequent development of the entire site(s) will not result in any major or potentially significant adverse environmental effects on the site(s) or adjacent lands; in particular, that such development will not have significant adverse effects on the traffic-carrying capacities and traffic safety on the adjacent highways; and, finally, that any such development will not significantly increase noise levels in the neighborhood.

(b)

The minimum size for single-family residential lots used exclusively for patio homes shall be 7,200 square feet. All other types of single-family residential lots shall be 8,500 square feet.

(c)

The maximum number of attached senior citizen dwelling units shall not exceed 18 units per acre. The total number of senior citizen dwelling units shall not exceed 35% of the total number of dwelling units within the PNOD. For purposes of this section "senior citizen dwelling unit" shall mean a unit which is handicapped adaptable or handicapped accessible and the construction standards for handicapped accessible or handicapped adaptable are those defined in the Americans with Disabilities Act[1] codes and the New York State Building Codes for the physically handicapped in effect at the time of construction.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(d)

Unless otherwise specified herein, the minimum front setback shall be 75 feet along state and county highways, 60 feet along all Town highways and 35 feet for all structures fronting an internal drive.

(e)

Unless otherwise specified herein, the minimum side yard setback in a PNOD shall be 40 feet when the site being developed is adjacent to or abutting any other residential-zoned district boundary.

(f)

Unless otherwise specified herein, the minimum rear yard setback in a PNOD shall be 45 feet when the site being developed is adjacent to or abutting any other residential-zoned district boundary.

(2)

Subdivision and lot size restrictions. In the PNOD, the total acreage of all land included in the PNOD site shall be established as part of the rezoning application. Once established, no part of a PNOD site will be allowed as part of any other PNOD application. Within a zoned PNOD site the Planning Board shall have the authority under § 278 of New York State Town Law to modify applicable zoning criteria in order to achieve the most desirable pattern of development.

Special provisions applying to the Planned Neighborhood Overlay District.

(1)

In order to carry out the purpose of the PNOD, a proposed project shall achieve the following objectives:

(a)

A maximum choice of development incorporating any existing residential and nonresidential structures, buildings and facilities with proposed development.

(b)

A maximum design solution to enable development of an integrated neighborhood having a mix of residential and nonresidential types of uses with common architectural features and design to promote adequate transitional areas from the PNOD sites to the adjacent land uses located within, but not exceeding 500 feet from the PNOD site.

(c)

Assurances that all infrastructure, easements, rights-of-way and other site development approvals will be provided in the initial phase of development of a PNOD area, including but not limited to letters of credit.

(2)

The mix of permitted uses and conditionally permitted uses, scale of any such use, density and general design standards shall be determined by the Town Board, based in part upon a recommendation from the Town Planning Board made prior to any PNOD rezoning pursuant to the provisions of this chapter. The determination of the mix of permissible uses and conditionally permitted uses is intended to allow the Town Board to prohibit one or more permitted uses and/or conditionally permitted uses from the list of said uses enumerated in Subsections B and C of this section, as the Town Board determines appropriate due to the unique characteristics of the site, the proposed development, the location and impact to neighboring uses and the goals and policies contained in the adopted Town of Chili Comprehensive Plan.

(3)

Area limitations for various areas. Within a PNOD, the following percentage of the gross area shall be devoted to the specific uses:

(a)

A maximum of 60% of the total PNOD site shall be used for all permitted PNOD uses, excluding open space and recreation uses. Specifically excluded from the computation of gross area to be devoted to PNOD uses is land located within any regulated federal or state freshwater wetland area. In addition, the space devoted to streets and parking within and exclusively servicing such open space or recreation use is also excluded from consideration within the 60% criteria. Such maximum gross area shall also exclude all of the private recreational facilities that are part of a PNOD site.

(b)

A minimum of 20% of the total PNOD site shall be used for common or public open space and recreational uses. This area shall exclude all streets, roads, required yards and required parking spaces.

(c)

A maximum of 20% of the total PNOD site shall be used for conditionally permitted uses, structures or facilities. Said maximum shall include the parking and service areas exclusively servicing such facilities.

(4)

All PNOD sites shall be designed to create a use of land and related physical development, which allows an orderly transition of land uses, both internally and externally, to the PNOD sites.

(5)

All PNOD sites shall be designed to preserve mature hardwood trees, unique plant species, natural topography, historic structures and geographic features found on the site and same shall be preserved in the manner identified in the Town of Chili Open Space Index or the Town of Chili Open Space, Park and Recreation Master Plan.

(6)

All PNOD sites shall also be designed in compliance with Chapter 433, Stormwater Management, of the code of the Town of Chili.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43, and as may be further required in this section.

(1)

Basic requirements. Sufficient off-street parking shall be provided to accommodate the needs of the PNOD site. Sufficient loading facilities shall also be provided for nonresidential uses, which are separate from off-street parking facilities, to accommodate the normal activities or uses within the PNOD without blocking any street. In no instance, shall tractor-trailer trucks used for deliveries to commercial structures located in a PNOD site be allowed to be stored overnight on a PNOD site.

(2)

Location. Except as expressly provided otherwise herein, parking for uses within a PNOD site shall be screened from adjacent non-PNOD sites.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53, and as may be further restricted in this section.

(1)

A double-sided freestanding sign may be permitted along each major highway identified in § 500-59 of the Town Code. Said sign shall identify the name only of the Planned Neighborhood Overlay District (PNOD) site.

(2)

Signs identifying the names only of the services provided within the nonresidential buildings may be permitted as set forth in Article VI, §§ 500-44 through 500-53.

(3)

All signs that are to be part of a PNOD site shall be architecturally consistent with the site's overall architectural features. The Planning Board shall have the authority to grant overall sign site plan approval for all signs proposed.

(4)

Internally illuminated sign cabinets are prohibited.

Fences, walls, hedges and screen plantings are permitted as set forth in Article VI, § 500-54.

Site lighting.

(1)

All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.

(2)

All outdoor lighting fixtures for recreational facilities, public or private, shall be shielded from glare and light trespass onto adjacent non-PNOD sites.

(3)

All light fixtures shall be installed and maintained so that the shielding is effective as described in the definition of "full-shielded fixture" in § 500-101 of the Town Code.

(4)

The following lighting shall be prohibited:

(a)

All moving, revolving and flashing lights.

(b)

Mercury vapor lights.

(c)

Laser source lighting or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizon.

(5)

All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at (and glare across) the property lines and disability glare at any location on or off the property. The maintained horizontal illuminance recommendations set by the Illuminating Engineering Society of North American (IESNA) shall be observed.

(6)

All applicants shall submit a lighting plan showing conformity with standards contained in this section. Such lighting plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance and glare control options, if any, for each light source and area. Illuminance may be plotted using manufacturer's photometric charts, or the Planning Board may require iso-footcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section shall also be provided. Additions or changes to an approved lighting plan shall be considered under the site plan review provisions of this chapter.

(7)

Illuminance and uniformity. Lighting in conformance with this section is required for all parking lots within a PNOD site having five or more spaces. Light levels shall be designed to meet but not to exceed the latest recommended levels from the Illuminating Engineers Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATMs, which shall be in accordance with the New York State ATM Safety Act. Where no standard is available from IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity.

(a)

Uniform light levels shall be achieved on the PNOD site. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas. Design should establish a hierarchy of lighting to ensure a smooth transition from bright areas to those with subdued lighting.

(b)

Maximum to average light levels should be kept within a 6 to 1 ratio. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

(8)

Light source visibility. The visibility of the light source inside a luminaire is restricted to the following:

(a)

Within the PNOD site, direct light shall not be visible above six feet at the adjoining public roadway pavement edge, or 25 feet beyond the district boundary line, except no such restriction for lighting site entrances.

(b)

Adjacent to the PNOD site, direct light shall not be visible above ground level at the adjoining public roadway pavement edge, or 25 feet beyond the property line or at the dwelling unit, whichever is less, except no restriction for lighting site entrances.

(9)

Luminaires. All luminaires whose initial source lumens are greater than 1,800 must meet the following requirements:

(a)

Have a cutoff angle of 90° or less.

(b)

Wall-pack units are required to be opaque, shielded or have optics that provide a cutoff angle of 70° or less.

(c)

Canopy lights whose source lumens are greater than 20,000 must be recessed or have side shields.

(10)

Mounting heights.

(a)

Roof-mounted area lighting is prohibited in the PNOD.

(b)

Mounting heights shall be no higher than 25 feet.

(11)

Light trespass. Light trespass shall be limited to the following:

(a)

In the residential portion of a PNOD site and where an adjacent property is in a residential district: a maximum of 0.2 footcandle 25 feet beyond the property line or at the dwelling unit, whichever is less.

(b)

In the nonresidential portion of a PNOD site, at the pavement edge of adjoining public roads: a maximum of 0.5 footcandle, except for site access points, where a maximum of one footcandle at the pavement edge is permitted.

PNOD rezoning procedures.

(1)

Concept proposal discussion.

(a)

An applicant shall arrange to meet with the Town Planning Board to discuss any PNOD zoning proposal regarding design, mix and density of uses, location, layout, procedural requirements and other matters acquired by the Planning Board prior to submittal of a PNOD zoning application to the Town Board. A concept sketch shall be known as the overall development plan for the PNOD site and shall be submitted to the Planning Board for its review and recommendation. The overall development plan shall distinguish existing and proposed buildings, structures, off-street parking, recreational areas and any community-oriented uses. In addition, said plan shall set forth the petitioner's known ideas and design intent for the planned growth and development of the neighborhood. Such plan need not include engineering details but must include topographic treatment, general utility locations, pertinent natural features and general locations of all land uses, including common open space.

(b)

Upon favorable report by the Planning Board, the developer may proceed to prepare a Planned Neighborhood Overlay District (PNOD) zoning application and environmental record for submission to the Town Board. In the event that the overall development plan is not recommended by the Planning Board, the petitioner may request a review by the Town Board to determine whether to proceed with the PNOD rezoning process.

(2)

Contents of PNOD zoning application. The application shall contain the overall development plan, identifying the following information:

(a)

Evidence of how the proposed mix of residential and nonresidential land uses meets the demand for the particular neighborhood.

(b)

Evidence that the proposal is compatible with the requirements of this chapter.

(c)

The location and extent of all existing and currently proposed land uses, including open space and an area map showing the parcel(s) under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the PNOD site.

(d)

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.

(e)

A specific definition of existing and planned uses, indicating the number of buildings and dwelling units and the footprint of each residential housing type, as well as the overall project density.

(f)

A description of (but not necessarily detailed engineering plans) the overall water and sanitary sewer system with proposed points of attachment to existing systems; the proposed stormwater drainage system and its relation to existing systems.

(g)

A description of the manner in which all areas are to be maintained, including open space, streets, off-street parking, signage, fences and site lighting.

(h)

Documentation of any other governmental agency's involvement with or required approval of the project.

(i)

If a staged project, then assurances from the developer that the project is consistent with the overall development plan and that construction will occur within the time frame specified elsewhere in this chapter.

(j)

Sufficient renderings which shall show the PNOD as it shall appear when fully constructed. The architectural elevations shall include sufficient architectural detail at least as thorough as that found in the sketch entitled "Generic Architectural Template," a copy of which is on file in the office of the Town Clerk. Upon approval, subsequent construction on the PNOD site shall conform with the architectural elevation(s).

(k)

A complete long-form environmental assessment and any additional information as necessary to enable the lead or responsible agency to make the necessary determination of significance under the provisions of the State Environmental Quality Review (SEQR) Act.

(3)

PNOD zoning application procedure.

(a)

In order to provide for an orderly method of processing a proposed PNOD zoning application, the number of copies of a complete application as required by the Town shall be provided to the Town Board, along with the required application fee. The Town Board, upon receipt of the proposal, shall send copies to the Planning Board, Conservation Board, and Town Engineer for review and recommendation. All zoning matters relating to the proposed PNOD shall be determined and established by the Town Board after recommendations have been received from these three groups.

(b)

Before consideration of any rezoning of property to PNOD can take place by the Town Board, the Planning Board shall conduct a public hearing on the overall development plan within 62 days of the receipt of the complete application. The Planning Board shall also consider the adequacy of the environmental record and the appropriateness of the rezoning application within 60 days of the receipt from the Town Board. Within 45 days after the close of the public hearing, the Planning Board shall submit its written report to the Town Board. If no report is rendered within these time frames, or unless such time limit has been extended by formal action of the Town Board, the applicant may proceed on the basis that the report is favorable.

(c)

Upon receipt of a report from the Planning Board, at a regularly scheduled Town Board Meeting, the Town Board shall consider the application for the PNOD as any other application for amendment after the Zoning Map and schedule a public hearing within 62 days of its receipt of said report. The Town Board shall refer said application to the Monroe County Department of Planning and Economic Development for its advisory report in accordance with the provisions of §§ 239-l and 239-m of the New York State General Municipal Law.

(d)

Upon approval of the requested rezoning by the Town Board, the applicant may proceed with applications for specific site plan approval of any subsequent development in accordance with the provisions of Article V, Site Plan Approval.

Request for changes in the PNOD overall development. If in the development of the Planned Neighborhood Overlay District site it becomes apparent that certain elements of the PNOD overall development plan, as it has been approved by the Town Board, are in need of modification, the applicant shall then present a modified overall development plan to the Planning Board as a preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified overall development plan is still in keeping with the intent of the zoning resolution. If a negative recommendation is reached, the revised overall development plan shall be considered disapproved. The applicant may then continue development of the site in conformance with the approved PNOD overall development plan or appeal the Planning Board's recommendation to the Town Board. If an affirmative recommendation is reached, the Planning Board shall also notify the Town Board stating all of tile particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval of a modified overall development plan may only be given with the consent of the Town Board.

Staged development. If the applicant wishes to stage the PNOD development, then the applicant may submit for site plan approval only those stages proposed to be developed, in accordance with an overall development plan which identifies the staging of the PNOD development plan. Any overall development plan that requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this chapter that individual stages of the PNOD will have an integrity of use in their own right so that, if for any reason the entire PNOD would not be completed, those portions of the PNOD already constructed will be an asset to the community by themselves. Staging plans must take into account this objective.

Other regulations applicable to Planned Neighborhood Overlay District.

(1)

Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes shall be processed as a special use permit request to the Planning Board when evaluating these requests, and maintenance of the intent and function of the Planned Neighborhood Overlay District shall be of primary importance.

§ 500-24 PID Planned Institutional Development District.

Purpose; approval required.

(1)

The purpose of this Planned Institutional Development (PID) District is to provide flexible land use and design regulations that permit the creation of defined areas for the unified and orderly development of major cultural, educational, medical and governmental institutions in order to support and enhance their benefit to the community. The district allows flexibility in planning and development and provides a process for evaluating and accommodating incremental growth and change, thereby assuring compatibility with adjacent noninstitutional districts.

(2)

Whenever any planned institutional development is proposed, before any permits for the erection of permanent buildings or facilities in such planned institutional development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Monroe County Clerk, the institution shall apply for and secure approval of such planned institutional development in accordance with the procedures set forth in this chapter. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the Town Codes.

Permitted uses.

(1)

The following uses are permitted in the Planned Institutional Development (PID) District subject to the requirements set forth in this section; and the procedures of site plan review and approval as further set forth in Article V of this chapter of the Town Code.

(a)

Universities, colleges, technical and theological schools, including their buildings, owned or leased, for administrative and faculty offices, classrooms, laboratories, churches, auditoriums, lecture halls, museums, galleries, libraries, student and faculty centers, athletic facilities (indoor and outdoor), dormitories, fraternities and sororities and other residential facilities for faculty, staff and students, but not including the use of any building or other facility for professional athletics or other commercial purposes.

(b)

Facilities used for educational uses, clinical uses, sanitariums, research, nursing homes, supervised residential institutions, rehabilitation therapy centers, public health and convalescent uses as may be integral to medical care facilities; and including residential facilities for faculty, staff and students of such institution.

(c)

Facilities and properties used for governmental services, including administrative offices, libraries, parks and recreational areas, highway maintenance and other public utilities.

(2)

The following accessory uses are permitted in the Planned Institutional Development (PID) District subject further to site plan approval as set forth in Article V of this chapter of the Town Code.

(a)

Off-street parking for institutional buildings, uses and events.

(b)

College or university bookstore, student cafeteria, snack bar(s) or other food service facilities and institutional maintenance facilities.

(c)

Greenhouses.

Special permit uses. The following uses and their accessory uses are permitted in the Planned Institutional Development (PID) District, when authorized in accordance with Article IV of this chapter of the Town Code:

(1)

Support uses or structures, including retail, hotel and restaurant facilities, owned or operated by, leased by or to or otherwise controlled by one of the aforesaid institutions, but not necessarily an essential part of it, which provide service to both the institution and the community primarily as a result of physical proximity to the institution and as distinguished from accessory uses intended to serve only the institution, when such support uses or structures are physically integrated into a master plan for the institution.

(2)

Stadium facilities.

(3)

Lighting of outdoor recreational or stadium facilities.

Dimensional requirements.

(1)

The following dimensional requirements shall be met in order to qualify as a Planned Institutional Development (PID) District proposal:

(a)

A proposal shall contain at least 50 contiguous acres. Where the applicant can demonstrate that a particular site's characteristics will meet the PID District objectives set forth in Subsection E below, the Town Board may consider a PID rezoning application where said land is adjacent to an existing PID District or where said site consists of a minimum lot area of 20 contiguous acres and 500 feet of frontage. In making such determination, the Town Board shall find each of the following:

[1]

That the applicant does not own or have a legal interest in any other land in the Town of Chili which contains at least 50 contiguous acres.

[2]

That there is proof of no reasonable opportunity for the applicant to acquire any other land acreage contiguous to the subject parcel.

[3]

That there has been shown that alternative sites were considered for the proposed PID use prior to the purchase of the subject site.

[4]

That development of the subject site can be served by both public water and sewer.

[5]

Evidence that the institution's governing board has approved of a master plan of development which will serve in turn as the concept site plan for the requested PID development; that said plan meets the long-term needs of the institution and that all development can be realized in its entirety within the dimensional constraints established elsewhere in this section.

[6]

That subsequent development of the site will not result in any major or potentially significant adverse environmental effects on the site or adjacent lands.

(b)

The minimum single-family residential lot size shall be 6,000 square feet. All residential lots shall be served by public water and sewer.

(c)

The maximum number of apartment units per acre for multifamily dwellings shall be 18 units per acre. All apartment units shall be served by public water and sewer.

(d)

Unless otherwise specified herein, the minimum front setback for all structures shall be 75 feet along state and county highways, 60 feet for all structures fronting a Town highway and 35 feet for all structures fronting an internal institutional drive.

(e)

Unless otherwise specified herein, the minimum side yard setback for all structures located in a PID District shall be 40 feet when adjacent to or abutting any other zoned district boundary.

(f)

In no event shall a structure be erected having a height greater than 1 1/2 times the horizontal distance between said structure and any adjacent building, structure, property line, street or drive.

Special provisions applying to the Planned Institutional Development (PID) District.

(1)

In order to carry out the purpose of the Planned Institutional Development (PID) District, a proposed project shall achieve the following objectives:

(a)

A maximum choice of development incorporating any existing institutional structures, buildings and facilities with proposed institutional structures, buildings and facilities.

(b)

A maximum design solution to enable development of a sound institutional facility based on established site planning principles; and to promote adequate transitional areas between the institutional development and adjacent land uses.

(2)

The mix of permissible uses and conditionally permitted uses, scale of any such use, density and general design standards shall be determined by the Town Board prior to any PID rezoning pursuant to the provisions of this chapter.

(3)

Area limitations for various areas. Within a planned institutional development, the following percentage of the gross area shall be devoted to the specific uses:

(a)

A maximum of 70% for all permitted institutional uses, excluding open space and recreation uses, and the space devoted to streets and parking within and exclusively servicing such open space or recreation use. Said maximum shall exclude all of the recreational and athletic activity areas which are part of a planned institutional development site.

(b)

A minimum of 20% for common or public open space and recreational uses. This area shall exclude all streets, roads, required yards and required parking spaces.

(c)

A maximum of 10% for conditionally permitted support uses, structures or facilities. Said maximum shall include the parking and service areas exclusively servicing such facilities.

(4)

All planned institutional developments shall protect, to the greatest extent practical, trees, outstanding natural topography and geographic features.

(5)

All planned institutional developments shall, to the greatest extent possible, result in a creative use of land and related physical development which allows an orderly transition of land uses, both internally and externally, to the institutional site.

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43, and as may be further required in this section.

(1)

Universities, colleges and theological schools.

(a)

Basic requirements. Sufficient off-street parking facilities shall be provided to accommodate the usual needs of the faculty, staff and student body without requiring such persons to park in any area outside the PID District. Sufficient loading facilities shall also be provided, separate from off-street parking facilities, to accommodate the normal activities or uses within the PID District without blocking any street.

(b)

Community-oriented facilities. The required number of spaces for facilities such as stadiums, churches and auditoriums shall be as set forth in Article VI. However, such number may be reduced by the number of spaces provided for other permitted uses which are located within 1/2 mile of the facility to be served, and provided further that said permitted use(s) demands for parking do not conflict with the demands for community-oriented facilities; or within one mile of the facility from an approved existing site from which mass transportation to the community-oriented facility is provided.

(c)

Residence facilities. Parking for residence facilities shall be located as follows:

[1]

Faculty, staff and married student housing: as required for single-family, two-family or multiple-family dwellings, as appropriate.

[2]

Fraternity and sorority houses: as required for dormitories.

[3]

Dormitories and single student housing: Required off-street parking facilities may be located anywhere within the PID District, except that three spaces shall adjoin the facility for loading and unloading of passengers and student property.

(d)

Location. Except as expressly provided otherwise herein, parking for uses within a PID District may be located anywhere within such district, provided further that there is adequate landscaping, screening or buffering of parking areas from adjacent noninstitutional uses.

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen plantings are permitted as set forth in Article VI, § 500-54.

Procedures.

(1)

Concept proposal discussion.

(a)

An applicant shall arrange to meet with the Town Planning Board to discuss any PID rezoning proposal regarding design, mix and density of uses, location, layout, procedural requirements and other matters required by the Planning Board prior to submittal of a PID zoning application. A concept sketch shall be known as the institution's "master plan" distinguishing existing and proposed buildings, structures, off-street parking, recreational areas and any community-oriented uses. The institution's master plan, as defined in this chapter, shall be submitted to the Planning Board. In addition, said plan shall set forth the petitioner's known ideas and design intent for the institution's planned growth and development. Such plan need not include engineering details but must include topographic treatment, general utility locations, pertinent natural features and general location of all land uses, including common open space.

(b)

Upon favorable report by the Planning Board, the developer may proceed to prepare a Planned Institutional Development (PID) District zoning application and environmental record for submission to the Town Board. In the event that the institution's proposed master plan is disapproved by the Town Planning Board, the petitioner may request a review by the Town Board to determine whether to proceed with the PID rezoning process.

(2)

Contents of PID zoning application. The application shall contain the institution's master plan, identifying the following information:

(a)

Evidence of how the proposed mix of institutional land uses meets the demands requested of the institution.

(b)

Evidence that the proposal is compatible with the requirements of this chapter.

(c)

The location and extent of all existing and currently proposed land uses, including open space, and an area map showing the parcel under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the parcel.

(d)

All interior streets, roads, easements and their planned public or private ownership, as well as all points of access to and egress from existing public rights-of-way.

(e)

A specific definition of existing and currently planned uses, indicating the number of buildings and dwelling units and the footprint of each residential housing type, as well as the overall project density.

(f)

(g)

A description of the manner in which all areas are to be maintained, including open space, streets and lighting.

(h)

Documentation of any other governmental agency's involvement with or required approval of the project.

(i)

If a staged project, then assurance from the institution's governing body that the project is consistent with the institution's master plan and that construction will occur within the time frame specified elsewhere in this chapter.

(3)

PID zoning application procedure.

(a)

In order to provide for an orderly method of processing a proposed PID zoning application, the number of copies of a complete application as required by the Town shall be provided to the Town Board with the required application fee. The Town Board, upon receipt of the proposal, shall send one copy to the Town of Chili Planning Board, one copy to the Town Conservation Board and one copy to the Town Engineer for review and recommendation. All zoning matters relating to the proposed Planned Institutional Development (PID) District shall be determined and established by the Town Board after recommendations by the Town Planning Board, Town Conservation Board and Town Engineer.

(b)

Before the consideration of any rezoning of property to the Planned Institutional Development (PID) District can take place by the Town Board, the Planning Board shall conduct a public hearing on the institution's master plan, environmental record and PID rezoning application within 62 days of the receipt of the complete application referenced above and as received from the Town Board. Within 62 days of the public hearing date, the Planning Board shall submit its written report to the Town Board. If no report is rendered within these time frames, or unless such time limit has been extended by formal action of the Town Planning Board, the applicant may proceed on the basis that the report is favorable.

(c)

Upon receipt of a report from the Planning Board, the Town Board shall consider the application for the PID District as any other application for amendment of the Zoning Map. The Town Board shall refer said application to the Monroe County Department of Planning for its advisory report in accordance with the provisions of §§ 239-l and 239-m of the New York General Municipal Law.

(d)

Upon approval of the requested rezoning by the Town Board, the institution may then proceed to make application for specific site plan approval of any subsequent development in accordance with the provisions of Article V, Site Plan Approval.

Request for changes in PID Zoning Master Plan. If in the development of the institution it becomes apparent that certain elements of the PID Master Plan, as it has been approved by the Town Board, are in need of significant modification, the applicant shall then present a modified master plan to the Planning Board as a preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the revised site plan shall be considered as disapproved. The applicant may then continue development of the site in conformance with the Approved PID Master Plan, or appeal the Planning Board's decision to the Town Board. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.

Staged PID development. If the applicant wishes to stage the PID development, then the applicant may submit only those stages proposed to be developed for site plan approval in accordance with a staging plan. Any institutional master plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this chapter that individual stages of the PID will have an integrity of use in their own right so that, if for any reason the entire PID would not be completed, those portions of the PID already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PID shall present convincing evidence that such a stage is in keeping with this section.

Other regulations applicable to Planned Institutional Development (PID) District.

(1)

Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes shall be processed as a special use permit request to the Planning Board. Properties lying in a Planned Institutional Development (PID) District are unique and shall be so considered by the Planning Board when evaluating these requests, and maintenance of the intent and function of the planned institution shall be of primary importance.

§ 500-25 AOD Airport Overlay District.

Purpose. The purposes of this district are to promote the safe and efficient flight operations connected with the Frederick Douglas Greater Rochester International Airport by limiting the heights of structures within the vicinity of the airport and assuring that land use and land subdivision in the vicinity of the airport will be of such character as not to subject undue concentrations of people to aircraft crash hazards, aircraft noises or other adverse impact of airport operations.

Delineation of the district. The Airport Overlay District shall be specified on an overlay to the Zoning Map and shall be based on the area of airport review jurisdiction as delineated in Article Five, Section 504 A, of the Monroe County Charter. This overlay to the Zoning Map shall be placed on file with the Town of Chili.

Regulations applying to this district. Before any building permit can be issued by the municipal Director of Planning, head of the Building Department, or similar officer or designee, review and approval by the Monroe County Director of Planning must be granted in accordance with Article Five, Section 504 A, of the Monroe County Charter. In addition, all other district requirements of this chapter also apply within the Airport Overlay District.

§ 500-26 AUO Adult Use Entertainment Establishment Overlay District.

Purpose. It is the purpose of the AUO Adult Use Entertainment Establishment Overlay District to establish supplemental regulations to the underlying GI General Industrial zoned districts that recognize the specified purpose and particular needs for the Town to regulate this use as has been established by Local Law No. 6 of 1995, and as may be amended from time to time.

Establishment of Overlay District. The Town of Chili Official Zoning Map shall delineate the location of those site(s) for which the Town Board has approved the AUO District zoning.

Interpretation of AUO District boundaries. The Director of Planning, head of the Building Department, or similar officer or designee shall be responsible for interpreting the AUO District boundaries delineated on the Official Zoning Map or a site inspection. Anyone aggrieved by this interpretation may appeal to the Zoning Board of Appeals.

AUO District requirements. Where the AUO District zoning has been established, the requirements of the overlay district shall be met in addition to any requirements specified for site development as contained in either the respective zoning districts, through site plan approval or a special use permit approved by the Planning Board.

Rezoning procedure. Anyone desiring to establish an adult use entertainment establishment shall apply to the Town Board for rezoning of any parcel of land zoned GI General Industrial on the Official Zoning Map to the Adult Use Overlay (AUO) District. In the event that the Town Board decides to hear the application for rezoning, it shall follow all procedures set forth elsewhere in this Chapter 500, Zoning, of the Town Code for rezoning.

AUO District rezoning criteria. The following criteria shall be met before the Town Board may entertain an application for rezoning of GI General Industrial land to the AUO Adult Use Entertainment Establishment Overlay District:

(1)

The property lines of any adult use entertainment establishment must be at least 500 feet from the boundary line of any adjacent municipality.

(2)

The property lines of any adult use entertainment establishment must be at least 500 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other religious places of worship), parks, playgrounds, places or other open space areas where large numbers of minors may congregate or governmental facilities.

(3)

No adult use entertainment establishment shall be allowed on the same parcel with another such establishment or within 500 feet of another parcel having an adult use entertainment establishment.

(4)

Each adult use entertainment establishment shall have direct access to a public street or highway.

(5)

Each adult use entertainment establishment overlay zone shall be in effect only for the time limits established by the Planning Board for such use as a condition of any special use permit that may be issued by said Planning Board. Upon the termination of such special use permit, the Town Board shall commence action, within 30 days, to amend the Official Zoning Map by eliminating the specified AUO District delineation.

Application for AUO rezoning. Applications to be considered by the Town Board shall be made, in writing, to the Director of Planning, head of the Building Department, or similar officer or designee on forms provided by the Town. Such application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Director of Planning, head of the Building Department, or similar officer or designee, including but not limited to a scaled site plan prepared by and certified by a licensed engineer or land surveyor that contains the following minimum information:

(1)

A parcel location map and boundary line survey of the property.

(2)

The portion of the parcel proposed to be developed for the adult use entertainment establishment.

(3)

An area location map identifying the locations of all uses specified in Subsection F above.

(4)

The location of all existing or proposed buildings, site access, off-street parking, signage, site lighting, landscaping, drainage and other features as may be required for the applicant to obtain site plan approval from the Planning Board.

(5)

A completed environmental assessment form.

AUO rezoning conditions. All AUO zoning, prior to being placed on the Official Zoning Map, shall be conditioned upon the applicant obtaining from the Planning Board a special use permit based on the criteria specified in § 500-33 of the Town Code and site plan approval as further specified in § 500-37 et seq. of the Town Code.

AUO permitted uses.

(1)

Adult theaters and adult motion-picture theaters are prohibited.

(2)

All other adult use entertainment establishments as defined herein may be created, opened, commenced or operated within only the GI General Industrial District upon the Town Board rezoning and mapping of said site to the AUO District Overlay and subject further to the requirements set forth in this Chapter 500, Zoning, of the Town Code.

§ 500-27 AC Agricultural Conservation District.

Purpose. The purpose of the AC Agricultural Conservation District is to encourage a proper environment to sustain customary agricultural operations and to locate rural residential land uses in such a manner as to minimize adverse impacts upon said operations; to maintain an open rural character; to protect viable agricultural soils; and to coordinate residential densities with the availability of utilities. The district regulations contain incentives to encourage landowners to maintain lands in permanent open space and/or agricultural use. In exchange for owners agreeing to maintain lands in open space or agricultural use, the Town Board may approve an incentive that would increase the number of single-family lots that would be otherwise permitted. The Town will strive to achieve attractive and functional site development plans consistent with the rural residential objectives of the Town's Comprehensive Plan and the Town's Agriculture and Farmland Protection Plan. Strip single-family roadside development fronting along highways will be discouraged and subdivisions should be designed to maintain open space and to minimize the disruption of viable farming activities.

Intent. The intent of the AC Agriculture Conservation District (hereinafter referred to as the "AC District") is to implement development regulations for meeting the objectives contained within the Town of Chili Right to Farm Law, § 265-4 of the Chili Town Code, by declaring agricultural operations as the principal land use within the Strategic Farmland Protection Areas contained in the adopted Town of Chili Agriculture and Farmland Protection Plan. The AC District regulations as established to minimize land use conflicts from occurring between agricultural land use operations/practices and nonagricultural single-family residential development upon the Town's irreplaceable natural resource base, its prime and unique classified soils, that are deemed essential for sustaining the Town's agricultural sector. Within the AC District, any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets, pursuant to Article 25-AA, § 308, of the New York State Agriculture and Markets Law, including but not limited to the practices necessary for an on-farm production, preparation and marketing of agricultural commodities operation and storage of farm equipment, proper use of agricultural chemicals and other crop protection methods, direct sale of agricultural commodities or foods produced on-farm to consumers. Established harvesting operations and the construction and use of farm structures shall not constitute a private nuisance.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Agriculture and farm operations as first defined within Article 25-AA of the New York State Agriculture and Markets Law.

(2)

Commercial greenhouses (that occupy not more than 30% of an actively farmed parcel of land), nurseries, forest and wildlife preserves, (on land not being used as a part of any established agricultural operation).

(3)

Single-family residences. A maximum of five single-family resident dwelling lots may be located upon land delineated within the Strategic Farmland Protection Area [as described is Section C(1) above]. Said dwelling lots may be subdivided from an original lot/parcel existing at the time of the enactment of these regulations, which contains a minimum total of 30 acres of land. An existing lot/parcel having less than 30 acres of land at the time the time of enactment of these regulations may be further subdivided, provided each lot(s) being created shall have a maximum of two acres of land and/or the total acreage being subdivided does not exceed 30% of the existing lot/parcel acreage. Furthermore, each lot/parcel being subdivided that is that is located upon prime soils and/or unique classified soils (e.g., soils classification Groups 1 through 4, as are delineated upon a Soils Classification Map approved by the Monroe County Soil and Water Conservation District) may be permitted upon a showing that no lower classified soils (Groups 5 through 9) exist on the original lot/parcel which would be feasible for development. Finally, all approved lots and dwellings shall be located in such a manner as to create the least disruption from established agricultural operations occurring on the original lot/parcel.

(4)

Farm labor housing. Detached, single-family dwelling units, as regulated by the New York State Uniform Code, the New York State Office of Housing and Urban Development and the Monroe County Department of Health, may be permitted on the same lot/parcel where other farm structures are located, provided such unit/ are occupied by a farm labor employee and their immediate family. A detailed site plan is not required for the first farm labor employee dwelling unit to be erected on a lot/parcel of land that is related to an established farming operation. However, a detailed site plan is required to be approved by the Planning Board for a second or more farm labor employee dwelling unit(s) to be erected on land that is part of an established farming operation. Such dwelling unit(s) shall be sited in such a manner as to cause the least disruption to established agricultural operations occurring on the farm lot/parcel. Each such type of dwelling unit shall have a minimum of 850 square feet of habitable floor area. Each such dwelling unit shall be an independent living unit having separate eating, living, laundry and bathroom facilities. At least one of the farm labor housing tenants must be legally employed by the farm operator and their primary place of employment shall be the farm on which the farm labor dwelling unit either is located, or adjacent land owned by the farm labor housing tenant's employer.

(5)

Customary home occupation, as defined in § 500-101 of the Town Code, are allowed as part of any non-agricultural-related residential dwelling unit.

(6)

Accessory structures, private garages, and ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse, are permitted, provided that the footprint area of such structure(s) shall not cause the total footprint area of all structures, including the primary dwelling, to exceed 5% of the area of the lot. The height of ancillary or auxiliary structure is limited to 25 feet, limited to one story, measured from the finished first floor, not including ornamental items, such as cupolas or weather vanes. For any substandard lot less than or equal to two acres in area, ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse are permitted, provided that such structure(s) is/are a total of 192 square feet or less in floor area and is/are 12 feet or less in height above the floor level of the structure(s), per each type of structure (e.g., two sheds cannot total more than 192 square feet). Ornamental items, such as cupolas or weather vanes, are exempt from this height restriction. Private garages, attached, detached, or both, on substandard lots shall not exceed 1,200 square feet, nor shall they be higher than the ridgeline of the primary dwelling for that lot as measured from the floor level of the structure.

Accessory uses. The following accessory uses are allowed for lots/parcels located within the AC District.

(1)

On a nonagricultural single-family residential lot, those uses allowed in other residential districts are also allowed in the AC District.

(2)

On an agricultural related lot/parcel within the AC District, those customary accessory uses to the established agricultural/farm operation are allowed.

Special permit uses. The following uses are allowed on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only. The approval of a special use permit is subject to the criteria contained in Article IV of this chapter.

(1)

Cemeteries, as regulated by New York State, and the buildings and structures incidental to cemetery operations.

(2)

Churches, mosques, synagogues, temples and other places of worship, convents, rectories, and parish houses.

(3)

Communications transmission towers and telecommunications facilities, subject to provisions of Article XVII of this chapter.

(4)

Recreational uses, such as playgrounds, golf courses, golf driving ranges, country clubs, swimming clubs and tennis clubs, but not including such intensive outdoor recreation uses as a race track or amusement park.

(5)

Veterinarian's offices or animal hospitals.

(6)

Private animal kennels, provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any lot being used for residential purposes.

(7)

Antique shops.

(8)

Bed-and-breakfast establishments.

(9)

Tack shops.

(10)

Notwithstanding the provisions contained elsewhere in § 500-27C(2) of this chapter, motorized recreational vehicle outdoor off-road tracks subject to conditions provided for in § 500-34 and subject to Article IV. Outdoor motorized recreational vehicle off-road tracks shall only be located on a lot where the operator's single-family dwelling exists.

(11)

Home businesses, customary home occupation, as defined elsewhere in § 500-101 of the Town Code, provided that not more than one person, other than a family member residing in the dwelling, may be employed in the business.

(12)

Confined or concentrated animal feeding operation (CAFO) as may be further regulated by the New York State Department of Environmental Conservation and or New York State Agriculture and Markets.

Dimensional requirements.

(1)

The minimum lot area for a farm, forest or wildlife preserve within the AC Agricultural Conservation District shall be 10 acres.

EXCEPTION: Land under 10 acres that will qualify as land used in agricultural production, provided an annual gross sales or $50,000 or more of agricultural products [§ 304(4) Agriculture and Markets Law]. Minimum acreage for an equine operation shall be seven acres.

(2)

The minimum lot size required for single-family nonagricultural land use shall be that specified in § 500-27C(3).

(3)

Notwithstanding the minimum lot sizes set forth herein, if the site proposed for development is not served with public sanitary sewer facilities, the lot size shall be increased as necessary to ensure the minimum separation distances between on-site disposal facilities and individual private water supplies as required by the Monroe County Department of Health.

(4)

The following minimum restrictions shall apply for farms and single-family dwellings in the AC Agricultural Conservation District:

	Single-Family Dwellings	Farms
Lot size (acres)	2	10
Lot width (feet)	275	500
Front setback (feet)	75	100
Side setback (feet)	50	50
Rear setback (feet)	50	50
Maximum aggregate lot coverage (percent)	5%	25%

(5)

Any building housing livestock or any noxious commodity shall not be located closer than 100 feet to any lot line, except when abutting another use district. In such instances, the minimum distance shall be 200 feet.

(6)

The maximum building height shall be two stories or 35 feet, whichever is the lesser. Barns, silos, water towers or tanks or other farm buildings or structures may exceed the thirty-five-foot limitation, provided that they are set back not less than 100 feet from all property lines.

Application of incentive zoning provisions. If the site proposed for development contains amenities to advance the Town's physical, cultural and social policies in accordance with the objectives of the Comprehensive Plan, the Town Board may implement the incentive zoning regulations as set forth in Article XVI of this chapter as follows:

(1)

The Town Board may approve an increase in the number of single-family residential lots that would otherwise be permitted in this district and may reduce the minimum lot size if the owner or owners of a proposed development site were to offer to set aside a specific portion of the proposed development site for either permanent open space and/or for agricultural use. The number of additional lots (incentive) that may be created shall be determined by the percentage of the total site that it is proposed for designation as permanent open space and/or agriculture (amenity) according to the following formula:

Percent of Site Designated for Open Space and/or Agricultural Use (Amenity)	Percent Increase in the Number of Single-Family Lots that May Be Created (Incentive)
20 to 30	20
31 to 40	25
41 to 50	30
51 to 60	35
61 to 70	40
71 to 80	45
More than 80	50

(2)

The following additional regulations shall govern the use of the incentive/amenity procedures in this district:

(a)

The minimum size of a parcel of land to be eligible for consideration under these regulations shall be 10 acres.

(b)

In order to be eligible for consideration under these regulations, the minimum percentage of a parcel of land that may be designated for permanent open space and/or agricultural use shall be 20%.

(c)

The computation of the number of incentive lots that may be permitted shall be rounded to the nearest whole number.

(d)

The Town Board shall determine the area and yard requirements, including setbacks and maximum lot coverage, for single-family residential lots to be created under the provisions of these regulations on an individual case basis. Prior to making such a determination, the Town Board shall request an advisory recommendation from the Planning Board.

(e)

Lands proposed to be included as part of an amenity package to be set aside for permanent open space and/or agricultural use shall, in the opinion of the Planning Board, be suitable for development and shall generally not include bedrock outcroppings, wetlands, lands within the 100-year floodplain, sites with slopes that exceed 15% or any combination of factors that would limit the development of these areas.

(f)

Prior to the approval of any proposal under this section, the owner or owners shall enter into a recordable agreement with the Town in a form approved by the Town Attorney that guarantees that the lands included in the amenity package shall not be developed for any purpose other than a permitted agricultural use consistent with the provisions of this chapter.

Other provisions and requirements within the AC Agricultural Conservation District.

(1)

Except as noted, site plan approval shall be obtained from the Planning Board as required in Article V of this chapter.

(2)

Site development plans shall be encouraged to minimize the number of lots that will have direct access to an existing roadway and to maximize the number of lots that will have access from an interior subdivision street.

(3)

Off-street parking. Off-street parking shall be provided as required in Article VI, § 500-43.

(4)

Signs. Signs are permitted as set forth in Article VI, §§ 500-44 through 500-53.

(5)

Fences, walls, hedges and screen planting. Fences, walls, hedges and screen planting are permitted as forth in Article VI, § 500-54.

§ 500-28 (Reserved)

§ 500-28.1 R-SO Student Residence Overlay District.

Purpose. The purposes of this district are to protect the single-family, owner-occupied residential character of the immediate neighborhood surrounding an institution of higher learning while permitting the residence of students off campus proximate to the institution, to protect the character of the area, and to diminish those influences which infringe on the quiet enjoyment of single-family, owner-occupied residences, such as noise, litter, overcrowding, additional parking needs, and lack of maintenance of structures and their grounds.

R-SO requirements. Where the R-SO zoning has been established, the requirements of the RS-O Overlay District shall be met in addition to any requirements specified in the underlying district.

Rezoning procedure.

(1)

The rezoning procedure shall comply with the provisions of Article X of this chapter. However, no application for rezoning will be accepted unless the property being considered for R-SO is already located in a permitted underlying district.

(2)

Permitted underlying district. The permitted underlying districts for consideration of an R-SO rezoning are:

(a)

R-1 Residential Single-Family District.

(b)

RA Rural Agricultural District.

Permitted uses. The following uses and their accessory uses are permitted outright:

(1)

Any use permitted in the underlying district.

(2)

One student residence per legal lot.

Special permit uses. The following uses and their accessory uses are permitted when authorized in accordance with Article IV:

(1)

One student residence duplex per legal lot.

Additional requirements.

(1)

Each student residence shall comply with the dimensional requirements of a single-family dwelling, and each student residence duplex shall comply with the dimensional requirements of a two-family dwelling.

(2)

These regulations shall apply in addition to the regulations of the underlying district. Where both the underlying district and the R-SO Overlay District regulate the same specific matter, the provision that is most restrictive upon the use shall apply.

(3)

In addition to these regulations, all student residences and student residence duplexes must comply with the occupancy restrictions and all other applicable requirements of the NYS Uniform Fire Prevention and Building and Energy Code.

(4)

The residents of a student residence shall live in a dwelling unit as a single housekeeping unit, doing their cooking on the premises.

(5)

Student residence and student residence duplex uses are only provided as uses within the R-SO Overlay District. Outside of the R-SO District, the applicable dwelling and family regulations shall apply.