Town of Victor, NY Zoning Districts

Permitted uses. Uses listed as permitted uses shall be by right and shall require no special action by the Planning Board before a permit is granted by the Code Enforcement Officer.

Special permit uses. Uses listed as special permit uses shall require individual consideration in each case by the Planning Board because of their unique characteristics.

Uses in planned districts. All uses for each planned zoning district may be permitted after public hearing and rezoning by the Town Board.

Uses in overlay districts.

Permitted uses.

Within any overlay district, uses listed as permitted uses within the underlying base zone shall be by right and shall require no special action by the Planning Board before a permit is granted by the Code Enforcement Officer.

The special provisions identified in a Mixed-Use Overlay District may not eliminate a use from the permitted uses listed within the underlying base zone or otherwise modify uses listed as permitted uses within the underlying base zone.

The special provisions identified in a Mixed-Use Overlay District may list one or more additional permitted uses not listed as permitted uses within the underlying base zone.

Uses listed as additional permitted uses in the special provisions identified in a Mixed-Use Overlay District shall be by right within the Mixed-Use Overlay District and shall require no special action by the Planning Board before a permit is granted by the Code Enforcement Officer.

The special provisions identified in a Mixed-Use Overlay District may list one or more additional permitted uses already listed as special permit uses within the underlying base zone. Such uses shall then be by right within the Mixed-Use Overlay District and shall require no special action by the Planning Board before a permit is granted by the Code Enforcement Officer.

Special permit uses.

Within any overlay district, uses listed as special permit uses within the underlying base zone shall require individual consideration in each case by the Planning Board because of their unique characteristics.

The special provisions identified in a Mixed-Use Overlay District may not eliminate a use from the special permit uses listed within the underlying base zone.

The special provisions identified in a Mixed-Use Overlay District may list as a special permit use any use not listed as either a permitted use or a special permit use within the underlying base zone.

The special provisions identified in a Mixed-Use Overlay District may only modify a use listed as a special permit use within the underlying base zone by listing it as an additional permitted use.

Within a Mixed-Use Overlay District, uses listed as special permit uses in the special provisions identified in the Mixed-Use Overlay District shall require individual consideration in each case by the Planning Board because of their unique characteristics.

§ 211-18 Purposes of residential districts.

R-1 and R-2 Residential Districts. The purpose of these residential districts is to permit the construction of single-family dwellings and, where applicable, two-family dwellings for the use of the residents of the Town of Victor. The districts are to be so situated and organized as to provide the maximum privacy and quiet and low traffic volume for the residents.

R-3 Residential District. The purpose of this district is to enable the compatible existence of extractive industries, residential land uses and agricultural operations. R-3 Zones exist to provide for the transition from agricultural operations and extractive industries to residential land uses as well as to provide for the expansion of existing excavation operations.

Limited Development District. The purpose of this district is to preserve unique environmental features of an area including glacial terrain, kettle ponds, wetlands and vegetation while allowing limited development of single-family dwellings. The district is to be situated and organized as to provide the maximum privacy and quiet and low traffic volume for the residents.

[Added 5-22-1995 by L.L. No. 5-1995]

§ 211-19 R-1 District regulations.

R-1 Districts are districts created for restricted residential use.

Permitted uses shall be as follows:

Single-family dwellings.

Single-family detached residential dwellings. One single-family detached living unit is permitted per lot.

Essential services. These are services necessary for the preservation of the public health, safety and convenience, including the erection, construction, alteration or maintenance of public utility systems. This provision excludes buildings, substations, pole yards and other open areas used for the storage of utility facilities, except that fire, ambulance and police stations are included. Public utilities requiring communication towers shall be subject to the provisions of § 211-47, Communication towers.

[Amended 1-27-1997 by L.L. No. 4-1997]

Customary accessory uses. Accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building shall be permitted in each district. Such uses include swimming pools, storage facilities, home gardening, servants quarters to be occupied only by servants employed on the premises, home occupations, professional offices employing not more than one person who is not a member of the household, signs, off-street parking and loading areas, temporary tract offices and other uses customarily appurtenant to a permitted use.

Customary agricultural operations. These are the same as are herein defined. Operations involving the housing of poultry or stabling of livestock or storage of manure or odor- or dust-producing material are not permitted within 100 feet of any lot line. This setback of 100 feet also shall apply to the stabling of horses, ponies or other animals kept as pets for recreation, but the setback will not apply to the keeping of household pets such as dogs or cats.

Special use permits. The Planning Board may issue special use permits for the following:

[Amended 7-26-1999 by L.L. No. 8-1999]

Appropriate not-for-profit uses. Any public or institutional uses of an educational, recreational, religious or cultural nature, such as churches, parish houses, schools, colleges, universities, libraries, museums, cemeteries, parks and playgrounds of a noncommercial nature. This class excludes correctional institutions.

Recreational areas.

[Amended 7-26-1999 by L.L. No. 8-1999]

The Planning Board may, on special application, issue a temporary permit for a term not to exceed five years for the use of a specified area in any district for a playground, athletic field or other recreational or amusement use, with the exception of golf courses, which will secure a permanent special use permit. Issuance of a permit is subject to the following conditions:

The Board may require the applicant to submit such information as it may require and may fix the location of all structures on the premises.

A full environmental review of the premises and the proposed recreational use is required.

The proposed use of the land must be consistent with all other zoning requirements for the district in which the land is located.

Prior to issuing the special use permit, the Zoning Board of Appeals shall find, after public notice and hearing, that the contemplated use will not:

Be detrimental to adjacent property.

By any reason of its location or nature create a hazard of any nature to the public or to any adjacent owner or occupant.

Unreasonably interfere with the lawful enjoyment of the public highways or of adjacent property.

Any permit granted hereunder may be revoked by the Planning Board, after due hearing, on not less than 10 days' notice to the person holding such permit, in the event that the use thereunder violates any of the conditions of its issuance or shall have become a nuisance, and any such permit may be renewed by said Board, for such period as it shall determine, upon application in accordance with the procedure for any original permit.

Bed-and-breakfast establishments.

A bed-and-breakfast facility is not a hotel or motel but rather a dwelling in which overnight accommodations for a maximum stay of 14 days and meals are provided or offered for transient guests for compensation. Such use is secondary to the occupancy of the single-family dwelling by the owner.

No guest may be registered for a maximum continuous period in excess of 14 consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Town Code Enforcement Officer at any time.

Any meals provided and any amenities connected with the guest rooms, such as a swimming pool or tennis court, shall be solely for the use of the owner, the owner's family and the owner's registered guests. No cooking or dining facilities are to be provided in individual sleeping rooms.

The number of guest rooms for transient accommodation shall not exceed four. The minimum lot size shall be the minimum lot size designated in the applicable zoning district, plus an additional 10,000 square feet for each guest room for any lot less than one acre.

No employees associated with the bed-and-breakfast shall reside between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents of the premises shall not be considered employees, whether or not paid.

There shall be no exterior lighting, illumination, noise or any other nuisances that conflict with the neighboring property.

In issuing a special use permit, the Planning Board may require any walks, fences or landscaping or attach such conditions as it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate use of adjacent land. Any exterior alteration shall maintain the appearance of a single-family residence.

[Amended 7-26-1999 by L.L. No. 8-1999]

Smoke alarms shall be required in rented rooms in addition to those required by other codes. Smoke alarms shall also be required in each hallway, a minimum of one per floor.

(Reserved)[1]

Editor's Note: Former Subsection B(4), which permitted accessory use structures in excess of 12 feet by 12 feet and/or exceeding 12 feet in height, was repealed 10-25-1993 by L.L. No. 5-1993.

Short-term rentals, subject to the requirements of § 211-37.

[Added 2-13-2017 by L.L. No. 1-2017]

Accessory uses, generally. Accessory uses, such as storage sheds, must observe a fifteen-foot property line setback on residentially zoned property unless otherwise specified herein.

[Amended 5-28-2013 by L.L. No. 3-2013]

Accessory uses shall not be installed in violation of restrictions on real property, including, but not limited to, easements, rights-of-way, bylaws, regulations, statutes, or other Town Code provisions. All restrictions and potential restrictions shall be disclosed to the Town at the time the building permit is submitted. Failure to disclose said restrictions to the Town can result in permit denial or revocation.

[Added 3-13-2023 by L.L. No. 3-2023]

Storage sheds on reduced-sized lots. Where, as a result of clustering within a subdivision, a residential lot has a width or depth that is below the minimum required at Schedule II, Area and Height Requirements, of this Town Code,[2] a storage shed thereon (a type of accessory-use structure) may observe a lesser setback of five feet from the side and/or rear lot lines, provided the following conditions are met:

[Added 5-28-2013 by L.L. No. 3-2013]

The storage shed measures no greater than 150 total square feet in area;

The storage shed is no larger than 15 feet in width or length;

The storage shed does not exceed 10 feet in height as measured from the average grade to the top of the wall. This measurement does not apply to peaked or gabled walls;

The storage shed may not be placed in such a manner that it will interfere with any easement;

The storage shed may not be placed in any manner such that it interferes with drainage;

The storage shed must be maintained in good condition;

The storage shed must not have extensions (such as additions, shed roofs, etc.);

The storage shed cannot be placed forward of the rear line of either the house on the subject property on which it will be placed or an adjacent house;

The storage shed shall be positioned such that the doors in a closed position do not face any side or rear lot lines that are closer than 15 feet to the storage shed; and

The storage shed may not have any exterior lighting.

Editor's Note: Schedule II is included as an attachment to this chapter.

§ 211-20 R-2 District regulations.

R-2 Districts are districts created for general residential use.

Permitted uses shall be those uses permitted in the R-1 District, plus the following:

Two-family dwellings. Two-family dwellings include duplex units and semi-attached single-family dwellings.

Bed-and-breakfast establishments. The same conditions outlined in the R-1 District shall apply, except that a special use permit is not required.

Special use permits. The Planning Board may issue special use permits for those special uses allowed in the R-1 District, plus the following:

[Amended 7-26-1999 by L.L. No. 8-1999]

Health-care and institutional uses. Human service institutions, social halls, clubs, lodges, community service organizations, nursing homes, hospitals, institutions of a charitable, educational, financial, religious or social nature and medical offices for the treatment of humans by licensed medical practitioners.[1]

Editor's Note: Former Subsection B(2), regarding accessory use structures of a certain size and height, which immediately followed this subsection, was repealed 10-25-1993 by L.L. No. 5-1993. A subsequent Subsection B(2), regarding bed-and-breakfasts, was repealed 7-26-2004 by L.L. No. 9-2004.

Accessory uses, generally. Accessory uses, such as storage sheds, must observe a fifteen-foot property line setback on residentially zoned property unless otherwise specified herein.

[Amended 5-28-2013 by L.L. No. 3-2013]

[Added 3-13-2023 by L.L. No. 3-2023]

[Added 5-28-2013 by L.L. No. 3-2013]

The storage shed measures no greater than 150 total square feet in area;

The storage shed is no larger than 15 feet in width or length;

The storage shed does not exceed 10 feet in height as measured from the average grade to the top of the wall. This measurement does not apply to peaked or gabled walls;

The storage shed may not be placed in such a manner that it will interfere with any easement;

The storage shed may not be placed in any manner such that it interferes with drainage;

The storage shed must be maintained in good condition;

The storage shed must not have extensions (such as additions, shed roofs, etc.);

The storage shed cannot be placed forward of the rear line of either the house on the subject property on which it will be placed or an adjacent house;

The storage shed shall be positioned such that the doors in a closed position do not face any side or rear lot lines that are closer than 15 feet to the storage shed; and

The storage shed may not have any exterior lighting.

Editor's Note: Schedule II is included as an attachment to this chapter.

§ 211-21 R-3 District regulations.

[Amended 10-25-1993 by L.L. No. 5-1993; 2-26-1996 by L.L. No. 5-1996]

Permitted uses shall be those uses permitted in the R-2 District.

Special use permits. The Planning Board may issue special use permits for those special uses allowed in the R-2 District.

[Amended 7-26-1999 by L.L. No. 8-1999]

Special use permits for excavation operations. The Town Board may issue special use permits for excavation operations. These include the removal of sand, gravel, rock or stone, topsoil, soil or earth, turf and other similar substances from their natural location in or on the ground for any purpose other than the construction of a well, driveway, sidewalk, building, structure or part thereof for which a building permit has been issued, farm pond, wildlife marsh or other farm conservation practice or for the construction of any public utilities or infrastructure. Grading of lands pursuant to plans approved by the Planning Board for site preparation, public and private site development and site improvement is not included in this use class. Excavation operations not subject to New York State Department of Environmental Conservation (NYSDEC) regulations or the Clearing, Grading and Filling Law of the Town of Victor,[1] and not governed as appurtenant activities under either the Subdivision Regulations[2] or Zoning Code of the Town of Victor, are prohibited.

Editor's Note: See § 211-31G.

Editor's Note: See Ch. 184, Subdivision of Land.

Initial application process.

Applications for excavation operations shall include:

Name, address and telephone number of the applicant.

Name and address of each owner of the premises.

Complete description of the operation including materials to be removed, hauling routes, equipment involved, etc.

Complete copies of all currently valid NYSDEC applications and permits, including reclamation plans and bonds. No excavation license governed by NYSDEC may operate without current and complete compliance with Article 23 of the New York Environmental Conservation Law, the regulations promulgated thereunder, including reclamation bonding requirements.

A map prepared by a licensed engineer or surveyor at a scale of one inch equals 200 feet or larger showing the following:

Boundaries of the land on which the excavation will occur.

Setbacks from property lines and rights-of-way.

Barriers designed to restrict access.

Dust control plan.

Hours of operation.

Any other relevant information required by the Town Board.

Unless otherwise agreed to by the Town Board and the applicant, the Town Board shall hold a public hearing within 45 days after receipt of the initial application on the proposed permit and shall publish notice thereof at least 10 days and no more than 30 days prior to the date of the hearing. Not less than five days before such hearing, the Town shall mail, by first-class mail to each owner (according to the latest completed assessment roll) of premises adjoining the applicant's lands, a written notice of such public hearing.

Approval, approval with conditions or denial of the application by the Town Board shall be rendered within 60 days after the public hearing or the inspection described in Subsection I, whichever is later, unless the Town Board and the applicant mutually consent to a time extension. The Town Board shall notify the applicant within 30 days after the application is filed, if said application is incomplete. In the event that the Town Board determines that additional information is necessary or that the application is not complete, the sixty-day time period in which to approve or deny the application shall be extended to 60 days beyond the date when such additional information to render the application complete has been filed by the applicant or the application is otherwise deemed complete. The application shall be presumed complete if the Town Board has not made a contrary determination within the thirty-day period following the filing of an application or additional information. The application shall be presumed approved if the Town Board has not made a decision at the end of the sixty-day period following the filing of a complete application or at the end of any agreed-upon time extension.

Accessory uses, generally. Accessory uses on residentially zoned property, such as storage sheds, must observe a fifteen-foot property line setback unless otherwise specified herein. Accessory uses on non-residentially zoned property must observe a fifteen-foot property line setback from adjacent residentially zoned property. Applicants must obtain site plan approval prior to construction or expansion of any such use, except that such site plan approval shall not be required for residential storage sheds that are no taller than 15 feet and no larger than 1,000 square feet.

[Amended 5-28-2013 by L.L. No. 3-2013]

[Added 3-13-2023 by L.L. No. 3-2023]

Storage sheds on reduced-sized lots. Where, as a result of clustering within a subdivision, a residential lot has a width or depth that is below the minimum required at Schedule II, Area and Height Requirements, of this Town Code,[3] a storage shed thereon (a type of accessory-use structure) may observe a lesser setback of five feet from the side and/or rear lot lines, provided the following conditions are met:

[Added 5-28-2013 by L.L. No. 3-2013[4]]

The storage shed measures no greater than 150 total square feet in area;

The storage shed is no larger than 15 feet in width or length;

The storage shed does not exceed 10 feet in height as measured from the average grade to the top of the wall. This measurement does not apply to peaked or gabled walls;

The storage shed may not be placed in such a manner that it will interfere with any easement;

The storage shed may not be placed in any manner such that it interferes with drainage;

The storage shed must be maintained in good condition;

The storage shed must not have extensions (such as additions, shed roofs, etc.);

The storage shed cannot be placed forward of the rear line of either the house on the subject property on which it will be placed or an adjacent house;

The storage shed shall be positioned such that the doors in a closed position do not face any side or rear lot lines that are closer than 15 feet to the storage shed; and

The storage shed may not have any exterior lighting.

Editor's Note: Schedule II is included as an attachment to this chapter.

Editor's Note: This local law also provided for the redesignation of former Subsections F through M as Subsections G through N, respectively.

Reclamation using solid waste. No reclamation of any property used for any excavation facility may be Accomplished using solid waste or by any process governed by Article 27 of the New York Environmental Conservation Law.

Renewals. Existing excavation operations must renew their special use permits at the expiration of their applicable NYSDEC permit. All currently valid permits, and conditions attached thereto, shall remain in full force and effect until their expiration date or the issuance of a new special use permit.

Transfer of permits under Article 23 of the New York Environmental Conservation Law. Upon making an application to the NYSDEC for a transfer of an Article 23 permit, the special use permittee shall notify the Town Board of the proposed transfer and provide a copy of the transfer application.

Annual inspection.

At least annually the Code Enforcement Officer shall conduct an inspection of the excavation operation. Upon arrival at the site, the Code Enforcement Officer shall notify the operator of the inspection. If, at the time of renewal of a special use permit, the operation is in compliance with the regulations of this chapter and all other applicable local and state laws, the Town Board may renew the special use permit without a hearing.

If at the time of the annual inspection the Code Enforcement Officer determines that the excavation operation is in any manner not in compliance with all provisions of this chapter, including possession of a valid NYSDEC permit, the Code Enforcement Officer shall issue a notice of violation and serve it upon the permittee by first class mail to the address on the application. The notice of violation shall state each violation and shall constitute an order to cure each such violation. The permittee shall cure each and every violation within 30 days of the date of service by mail of the notice of violation. The Code Enforcement Officer may, but is not required to, extend the period to cure violations for no more than 30 days. If, upon reinspection, the excavation operation is in compliance with all provisions of this chapter and applicable state and local law, the permit may be renewed in accordance with Subsection I(1).

If the permittee does not cure the violations listed in the notice of violation within 30 days, the Town Board shall hold a public hearing, to determine whether the license should be revoked or modified. The hearing shall be held by the Town Board no more than 30 days from the date of the expiration of the cure period. Notice of the hearing shall be given to the permittee by mail to the address given in the application and shall be published once in a newspaper having a circulation within the Town of Victor, which publication shall be not less than seven days before the date of the hearing. At the hearing, the permittee shall be afforded an opportunity to be heard and respond to the notice of violation.

After the public hearing, the Town Board shall, within 60 days, determine whether or not the special use permit should be denied, revoked, renewed or renewed with conditions and give notice of its finding to the applicant by mail. The Town Board may grant additional time to cure violations and provide for denial or revocation of the permit upon failure to cure within that specified time period.

If a permit is not renewed, or if the Town Board denies or revokes any permit, or if a permit is deemed denied or revoked by the failure to cure violations within the period set by the Town Board, all excavation operations shall cease within 30 days of the applicable expiration or revocation date.

Nothing in this section requiring an annual inspection shall limit the right and authority of the Code Enforcement Officer or other designated Town officials to inspect any property used for excavation operations at any time, or to issue notices of violation or appearance tickets or obtain other civil or criminal remedies, as deemed necessary under the circumstances, at any time. Upon the failure of any permittee to cure any violation within the time frames set out in any notice of violation or order of the Town Board, the Town Board shall be authorized to enter the property and cure any violation constituting an immediate health hazard, at the expense of the owner. Nothing in this section limits the right of the Town Board, the Code Enforcement Agent and/or their agents to enter the property and cure any matter constituting an immediate health hazard, at the owner's expense, prior to the expiration of any cure period, when necessary to protect the health and safety of the public.

Fees. Upon filing an application for a permit or a renewal required by this section, the applicant shall pay to the Town a nonrefundable fee in such amount as the Town Board of the Town of Victor may from time to time establish by resolution.

Permit term. A special use permit for excavation operations shall be coterminous with the applicable NYSDEC permit. Requests for renewal shall be submitted no less than 60 days prior to expiration.

Reports. The Town Board may require as a condition of a special use permit that all correspondence, reports, tests, applications or other matters submitted to the NYSDEC by any special use permittee regarding the property that is the subject of the special use permit shall also be simultaneously sent in their entirety to the Town Supervisor.

NYSDEC violations. Upon receipt of a notice of violation or similar correspondence from the NYSDEC alleging noncompliance with federal, state or local law by a special use permittee, the permittee shall notify the Town Board and provide a copy of the NYSDEC notice or other correspondence.

§ 211-21.1 LD District regulations.

[Added 5-22-1995 by L.L. No. 5-1995]

Limited Development Districts are districts created for protecting environmentally sensitive areas and for restricted residential use.

Permitted uses shall be as follows:

All uses allowed in the R-1 District. However, after the effective date of adoption of this district, subdivisions in the LD District may have a maximum density of one unit per three acres, as shown in Schedule II, Area and Height Requirements, Town of Victor, Part I, Mapped Residential Districts.[1]

Editor's Note: Said schedule is included as an attachment of this chapter.

Special use permits. The Planning Board may issue special use permits for those uses allowed in the R-1 District.

[Amended 7-26-1999 by L.L. No. 8-1999]

Accessory uses, generally. Accessory uses, such as storage sheds, must observe a fifteen-foot property line setback on residentially zoned property unless otherwise specified herein.

[Amended 5-28-2013 by L.L. No. 3-2013]

[Added 3-13-2023 by L.L. No. 3-2023]

[Added 5-28-2013 by L.L. No. 3-2013[3]]

The storage shed measures no greater than 150 total square feet in area;

The storage shed is no larger than 15 feet in width or length;

The storage shed does not exceed 10 feet in height as measured from the average grade to the top of the wall. This measurement does not apply to peaked or gabled walls;

The storage shed may not be placed in such a manner that it will interfere with any easement;

The storage shed may not be placed in any manner such that it interferes with drainage;

The storage shed must be maintained in good condition;

The storage shed must not have extensions (such as additions, shed roofs, etc.);

The storage shed cannot be placed forward of the rear line of either the house on the subject property on which it will be placed or an adjacent house;

The storage shed shall be positioned such that the doors in a closed position do not face any side or rear lot lines that are closer than 15 feet to the storage shed; and

The storage shed may not have any exterior lighting.

Editor's Note: Schedule II is included as an attachment to this chapter.

Editor's Note: This local law also provided for the redesignation of former Subsection D as Subsection E.

Site plan approval is required prior to issuance of a building permit in the Limited Development District.

§ 211-22 Commercial District regulations.

C Districts are districts created for commercial uses. The purpose of establishing this district is to provide a broad range of commercial goods and services necessary to serve all elements of the community and to do so in an orderly fashion that maintains the integrity and viability of the other zoning districts.

Permitted uses shall be as follows:

Bed-and-breakfast establishments. As described in the R-2 District permitted uses when incidental to a preexisting, nonconforming single-family detached residence.

Health care and institutional uses. Human service institutions, social halls, clubs, lodges, community service organizations, nursing homes, hospitals, institutions of a charitable, educational, financial, religious or social nature and medical offices for the treatment of humans by licensed medical practitioners.

Appropriate not-for-profit uses. Any public or institutional use of an educational, recreational, religious or cultural nature, such as churches, parish houses, schools, colleges, universities, libraries, museums, cemeteries, parks and playgrounds of a noncommercial nature. This class excludes correctional institutions.

[Amended 1-27-1997 by L.L. No. 4-1997]

Retail commercial uses.

This class includes but is not limited to the following primary uses:

Shopping centers.

Stores and shops for conducting a seasonal or year-round retail business, excluding uses specifically regulated or prohibited elsewhere in this chapter.

Rental and repair services. Motor vehicle repair businesses shall meet the standards below:

All repairs of damaged or inoperable vehicles must be conducted in an enclosed building.

The facility shall be at least 1,000 feet from the boundary of any residentially zoned district.

Facility structure(s) must be at least 500 feet from any off-site structure(s) of a residential use.

All access roads to the site and all internal areas on which vehicles operate must be constructed and maintained in such a way as to prevent dust from being generated. Access roads shall be paved.

Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and 7:00 a.m. to 6:00 p.m. on Saturday.

All vehicles which are awaiting repair shall be stored inside of a building or within an area which is entirely screened from public view.

The business shall comply with all applicable rules and regulations concerning use, storage and disposal of petroleum products.

[h]

Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

[i]

Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

[j]

Waste degreasing solvents must be stored in drums or holding tanks and disposed of through a licensed waste hauler.

[k]

Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.

[l]

The storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental spills or leaks. A permanent roof to protect tanks or drums and to protect precipitation from entering dikes is required. Drums shall be sealed, and tanks or drums must be located away from floor drains.

Restaurants. Restaurants shall meet the standards below:

The food preparation and service facilities must be designed and maintained so as not to produce smoke, dust, noise, odors, excessive heat or other deleterious by-products detectable beyond the property nor to litter the premises or those of adjoining properties.

Control of solid waste. Restaurants shall maintain the premises in such a fashion that solid waste is not permitted to accumulate on the property nor to litter the premises or those of adjoining properties. To that end, the restaurant shall provide a walled or fenced enclosure for the storage of dumpster and other trash containers. The restaurant shall maintain trash receptacles for use by customers inside the restaurant and on the building lot.

Buffers. To provide effective screening and buffering for adjoining commercial property, the following provisions will be required for all restaurants. A five-foot-wide landscape area shall be provided along all property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. This landscape area shall be densely planted with a mixture of shrubs and trees. All landscape areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and with a branching habit no less than eight feet wide; further, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles. Landscape areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.

Site plan review. The site plan must be approved by the Planning Board.

Bakeries.

Businesses with on-site consumption of alcoholic beverages.

Recreational and commercial recreational services.

Entertainment uses.

Banks, theaters and book, tool and video rental and lending businesses, including those with drive-up tellers or other drive-up services.

Laundromats and dry-cleaning establishments.

[Amended 4-22-1996 by L.L. No. 8-1996]

Site plan review. The site plan must be approved by the Planning Board.

Groundwater protection measures will be reviewed.

[11]

Automobile and/or mobile equipment sales and showrooms.

Site plan review. The site plan must be approved by the Planning Board.

[12]

Hotels and motels.

[13]

Residential uses in conjunction with a principal permitted use, provided that the dwelling area is not located on the street level of the structure.

[14]

Any other business not specifically enumerated but which is judged by the Zoning Board of Appeals to be of the same general character as uses permitted in this use class and not specifically prohibited herein.

The following provisions and requirements apply to retail commercial uses:

No structure shall be located within 50 feet of the boundary of any residential property.

To the greatest extent feasible, all new construction and facade alterations shall be harmonious with existing business structures in the area.

Nonretail commercial uses. This class includes but is not limited to the following primary purposes:

Personal and professional services, including offices, office suites and consulting rooms of licensed professional workers such as attorneys, counselors, real estate brokers, clergy, architects, surveyors and engineers.

Professional offices and outpatient clinics of licensed medical, dental and other licensed health care professional practitioners.

Special use permits. The Planning Board may issue special use permits for the following:

[Amended 8-23-1993 by L.L. No. 4-1993; 12-26-1995 by L.L. No. 7-1995; 4-22-1996 by L.L. No. 8-1996; 7-26-1999 by L.L. No. 8-1999; 10-23-2017 by L.L. No. 8-2017]

Dog kennels. All dog kennels shall require two or more acres of land.

Gas stations and car washes.

The proposed structures shall be located consistent with the regulations of the district in which they are to be located. The design and type of such structure shall be in harmony with other structures in the neighborhood.

The proposed use shall not create a traffic hazard at the proposed location.

The applicant shall have, in writing, agreed to construct and operate such proposed station in strict accordance with such conditions and restrictions as imposed by site plan approval.

Site plan review. The site plan must be approved by the Planning Board.

The business shall comply with all applicable rules and regulations concerning use, storage and disposal of petroleum products.

Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

Waste degreasing solvents must be stored in drums or holding tanks and disposed of through a licensed waste hauler.

Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.

Entrances and exits shall be aligned with public streets for maximum safety and for future development access such that the intersections shall be aligned with the opposite center lines of existing public rights-of-way or shall be more than 150 feet from a street intersection.

No gas station or any commercial sale of gasoline shall be permitted to be established on any lot within a distance of 2,500 feet of any existing gasoline station, nor any lot for which a building permit or site plan approval has been issued for the erection of such a station.

(m)

Only limited-use gasoline stations which have just gasoline pumps and a building for shelter of personnel may be constructed as an integral part of a shopping center or development area. These shall not have direct access to or from public highways.

(n)

Minimarts may be developed in association with gasoline service stations, provided that:

There are separate parking areas provided for non-gas-buying consumers, out of the service lanes of the gas-buying consumers.

The minimart portion of the facility shall comply with design standards established during the site plan review and treated similarly to that of any other retail use.

(o)

Gasoline or flammable liquids in bulk shall be stored fully underground, not nearer than 20 feet to any street line nor 40 feet to any lot line.

(p)

No gasoline pumps shall be located nearer than 40 feet to any street or lot line.

(q)

No building permit shall be issued for any such establishment within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the distance where either premises are located.

(r)

The gasoline station or car wash must be occupied and operative within 60 days after completion of construction.

(s)

The dispensing of gasoline and other flammable liquids to the public shall be governed by the following additional requirements:

When the dispensing of flammable liquids is done by a person other than the regular attendant, the dispensing device nozzle shall be an Underwriters Laboratories, Inc., listed automatic-closing type without a hold-open latch. Emergency controls shall be installed at a location acceptable to the Code Enforcement Officer and Fire Marshal, but not over 100 feet from the dispensing device. Instructions for the operation of dispensers shall be conspicuously posted on the dispensing device.

(t)

Car wash facility structures must be at least 500 feet from any off-site structures of a residential use.

Open displays. The following additional conditions will govern issuance of the special use permit for open displays in any commercial district:

The placement and arrangement of the displays must not be so prominent that the display is likely to cause a traffic hazard by significantly distracting the attention of passing motorists.

The products, merchandise and other items displayed must directly reflect the products sold or services offered by the business or individual responsible for the display.

Day-care centers.

Adult entertainment uses and businesses. Adult bookstores, adult motion-picture theaters, massage establishments and adult entertainment uses and businesses shall only be located in the Commercial District as designated by the Town of Victor on its Zoning Map, as amended from time to time, shall require a special use permit and shall also be subject to the following regulations:

All provisions of this chapter applicable to any use specified in the Commercial District.

Such uses and businesses shall be a minimum of 2,000 feet from schools, churches, public parks and recreation lands, municipal boundary lines, residentially zoned lands and other specified uses and businesses set forth in this article. Measurement of distances shall be from the property lines of the uses.

In addition to any other requirements imposed by the Town of Victor or the State of New York, the following specified regulations shall apply to any adult entertainment and business use:

No exterior sign shall contain any photographic or artistic representation of the human body.

All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.

No adult entertainment use or business shall be established in any building of which any part is used for residential purposes.

No residential use shall be established in any building or which any part is used as an adult entertainment use establishment or business.

Parking.

One parking space for every 200 square feet of gross floor area devoted to the adult use shall be provided.

All adult entertainment uses and businesses shall be provided with on-site parking for all vehicles during typical peak use periods.

Self-storage facilities.

Self-storage facilities may be allowed in Commercial Districts with the approvals of both a special use permit and a site plan by the Planning Board.

There shall be no outdoor storage of materials or goods on a mini/self/public storage site except for areas designated and approved by the Planning Board.

Fencing for all self-storage facilities shall comply with Town Code.

All access roads to the site and all internal areas on which vehicles operate must be paved.

All self-storage facilities shall have lighting that is in compliance with Town Code Chapter 131.

A landscaping plan shall be submitted as part of any site plan application. The site shall comply with open space requirements.

All self-storage signage shall comply with the provisions of Chapter 165 of the Town Code with the exception of an information sign identifying telephone numbers to be called in the case of an emergency.

Snow removal from within the self-storage compound shall be required unless the owner can demonstrate an area, within said compound, where snow storage will not interfere with internal circulation of emergency vehicles and users of the facility.

All self-storage facilities shall provide internal roadway circulation designed to accommodate access throughout by emergency vehicles. The site plan shall account for access by emergency vehicles while renters are parked by the compartments.

Uses of a similar character to the permitted uses listed in Subsection A, but not specifically listed therein, upon application for interpretation to and approval by the Zoning Board of Appeals as a use similar in character. Such a use shall be permitted upon a finding by the Zoning Board of Appeals that the use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.

Any permit granted may be revoked by the Planning Board after due hearing on not less than 10 days' notice to the person holding such permit in the event that the use violates any of the conditions or restrictions imposed by the Planning Board upon the issuance of such permit or shall have become a nuisance.

Additional provisions and requirements.

All new construction, whether a new building or an addition, or any alteration or modification of a current site shall require site plan approval by the Planning Board.

All utilities serving a site shall be placed underground.

Thirty-five percent of the parcel must be green space. Parking lot landscaping and buffering areas may be included in calculating required green space.

No construction or impervious surfaces shall be permitted within 75 feet of the center line of any stream having year-round flow as delineated on a United States Geological Survey Map.

Environmental reviews pursuant to NYCRR 617 (SEQR) shall be completed prior to any project approvals.

Whenever a permitted use in the district is located adjacent to any other district, a fully landscaped buffer shall be provided along the full length of the adjacent district. A one-hundred-foot buffer shall be required adjacent to residential districts. A thirty-foot buffer shall be required adjacent to other districts. 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 commercial activity from the adjacent district. The design and maintenance plan shall be approved by the Planning Board during its review of the site plan. Fences, walls or hedge or screen plantings may be required by the Planning Board, such as may be deemed necessary to protect the residential quality of adjacent property in any residential district.

[Added 8-25-1997 by L.L. No. 10-1997]

§ 211-23 Commercial/Light Industrial District regulations.

C/LIND Districts are districts created for commercial use and limited light industrial uses. It is the intent of this district to provide areas for customary and ordinary commercial/lightindustrial uses that are environmentally compatible with the physical and natural environment of the neighborhood. This district is intended to permit a compatible blend of commercial/light industrial land uses. The integrity of the district will be maintained by restricting the district to land uses which are strictly commercial, service-related or light industrial in nature.

Permitted uses shall be those permitted in the Commercial District.

Special use permits. The Planning Board may issue special use permits for the following:

[Amended 7-26-1999 by L.L. No. 8-1999]

Heliports. Conditions shall be that the design and operation shall meet all federal and state regulations.

Residential uses in conjunction with commercial and service businesses permitted in the district. Conditions shall be as follows:

Adequate parking must be provided.

The residential use must be clearly subordinate to the principal use of the structure.

Light industrial uses, including:

Research and development facilities.

Production, processing and assembly operations, provided that such uses are conducted entirely within an enclosed building and will not produce smoke, dust, noise, odors, glare or any other deleterious by-products which can be detected beyond the property line of such an operation.

Warehousing and distribution facilities.

Bakeries or related food-preparation businesses.

Day-care centers.

Gas stations. The criteria outlined in § 211-22B(2), Gas stations and car washes, shall apply.

[Added 12-26-1995 by L.L. No. 7-1995]

Self-storage facilities.

[Added 10-23-2017 by L.L. No. 8-2017]

Self-storage facilities may be allowed in Commercial/Light Industrial Districts with the approvals of both a special use permit and a site plan by the Planning Board.

There shall be no outdoor storage of materials or goods on a mini/self/public storage site except for areas designated and approved by the Planning Board.

Fencing for all self-storage facilities shall comply with Town Code.

All access roads to the site and all internal areas on which vehicles operate must be paved.

All self-storage facilities shall have lighting that is in compliance with Town Code Chapter 131.

A landscaping plan shall be submitted as part of any site plan application. The site shall comply with open space requirements.

[Added 10-23-2017 by L.L. No. 8-2017]

[Added 10-23-2017 by L.L. No. 8-2017]

Permitted accessory uses. Permitted accessory uses shall be as follows:

Off-street parking and loading areas subject to Article IV, Provisions Applicable to All Districts.

Signs subject to Article IV, Provisions Applicable to All Districts.

Fences.

Additional provisions and requirements.

All new construction, whether a new building or an addition, or any alteration or modification of a current site shall require a site plan approval by the Planning Board.

All utilities serving a site shall be placed underground.

Thirty-five percent of the parcel must be green space. Parking lot landscaping and buffering areas may be included in calculating required green space.

No construction or impervious surfaces shall be permitted within 75 feet of the center line of any stream classified by the New York State Department of Environmental Conservation under Article 15, Title 5, of the New York State Environmental Conservation Law.

Environmental reviews pursuant to NYCRR 617 (SEQR) shall be completed prior to any project approvals.

Whenever a permitted use in the district is located adjacent to any other district, a fully landscaped buffer shall be provided along the full length of the adjacent district. A one-hundred-foot buffer shall be required adjacent to residential districts. A thirty-foot buffer shall be required adjacent to other districts. 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 commercial/light industrial activity from the adjacent district. The design and maintenance plan shall be approved by the Planning Board during its review of the site plan. Fences, walls or hedge or screen plantings may be required by the Planning Board, such as may be deemed necessary to protect the residential quality of adjacent property in any residential district.

[Added 8-25-1997 by L.L. No. 10-1997]

§ 211-24 Light Industrial District regulations.

[Amended 2-13-1995 by L.L. No. 2-1995; 4-8-1996 by L.L. No. 7-1996; 8-25-1997 by L.L. No. 10-1997; 7-26-1999 by L.L. No. 8-1999; 2-23-2015 by L.L. No. 3-2015; 7-25-2016 by L.L. No. 2-2016; 10-23-2017 by L.L. No. 8-2017; 10-26-2020 by L.L. No. 4-2020; 4-26-2021 by L.L. No. 2-2021]

LI Districts are districts created for light industrial use. It is the intent of this district to provide areas for research or development of materials, methods or products and for compatible high technology and light manufacturing uses that are environmentally compatible with the physical and natural environment of the neighborhood or such services enumerated in the special use permits section hereof. It is the intent of this district to permit industries which are compatible with those industries and businesses located in various industrial neighborhoods. The integrity of the Town's industrial base will be maintained by restricting the district to land uses which are strictly industrial in nature or which provide a service directly related to the primary administration of the industrial organization.

Permitted uses.

Research and development facilities.

Service industries of the type that provide service to other industries rather than to the needs of retail consumers.

Production, processing and assembly operations, provided that such uses are conducted entirely within an enclosed building and such operations will not produce smoke, dust, noise, odors, glare or any other deleterious by-products which can be detected beyond the property line of such operation. The following uses are typical, but uses shall not be limited to these only:

Manufacturers of electric, electronic or optical instruments or devices.

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

Graphic arts and related light printing operations.

Agricultural operations.

Warehousing and distribution facilities limited to wholesale trade. Adequate areas for fleet parking shall be provided. A minimum area of 700 square feet of storage or maneuvering space shall be required for each tractor trailer on the site. A minimum of 400 square feet of storage or maneuvering space shall be required for each truck on the site.

Office buildings.

Bakeries and related food-preparation business.

Administrative, educational and other related activities and facilities in conjunction with a permitted use.

Motor vehicle repair. Establishments for the servicing, repair and storage of self-propelled motor vehicles.

All repairs of damaged or inoperable vehicles must be conducted in an enclosed building.

The facility shall be at least 1,000 feet from the boundary of any residentially zoned district.

Facility structure(s) must be at least 500 feet from any off-site structure(s) of a residential use.

All access roads to the site and all internal areas on which vehicles operate must be constructed and maintained in such a way as to prevent dust from being generated. Access roads shall be paved.

Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and 7:00 a.m. to 6:00 p.m. on Saturday.

All vehicles which are awaiting repair shall be stored inside of a building or within an area which is entirely screened from public view.

The applicant shall comply with all applicable rules and regulations concerning use, storage and disposal of petroleum products.

Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

Waste degreasing solvents must be stored in drums or holding tanks and disposed of through a licensed waste hauler.

Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.

Heavy industrial equipment sales.

The conditions attached to motor vehicle repair establishments shall also apply to repair of heavy industrial equipment.

All repairs and service (including equipment washing) shall be conducted within an enclosed building, except for gasoline dispensing units.

All gasoline sales shall be restricted to equipment used solely in conjunction with the equipment sales facility. There shall be no sale of gasoline or oil products to the general public.

All open storage of equipment shall be located either in the side or rear yards of the site. Open storage of equipment shall be screened from adjacent properties.

(11)

Permitted accessory uses and structures. Permitted accessory uses shall be as follows:

Off-street parking and loading areas subject to Article IV, Provisions Applicable to All Districts.

Signs subject to Article IV, Provisions Applicable to All Districts.

Fences.

Minor indoor and outdoor eating and recreation facilities, provided that they are for the exclusive use of the employees of the business on which the facilities are situated.

(12)

Appropriate not-for-profit uses: any public or institutional uses of an educational, recreational, religious or cultural nature, such as churches, parish houses, schools, colleges, universities, libraries, museums, cemeteries, parks and playgrounds of a noncommercial nature. This class excludes correctional institutions.

Special use permits. The Planning Board may issue special use permits for the following:

Private landing strips or heliports. Conditions: the design and operation shall meet all federal and state regulations.

Municipal and other public service and public utility buildings.

Day-care centers.

Communication towers, subject to the provisions of § 211-47.

Special use permits shall be required to allow extended operating hours, if limited by other provisions of this chapter.

Self-storage facilities.

Self-storage facilities may be allowed in Light Industrial Districts with the approvals of both a special use permit and a site plan by the Planning Board.

There shall be no outdoor storage of materials or goods on a mini/self/public storage site except for areas designated and approved by the Planning Board.

Fencing for all self-storage facilities shall comply with Town Code.

All access roads to the site and all internal areas on which vehicles operate must be paved.

All self-storage facilities shall have lighting that is in compliance with Town Code Chapter 131.

A landscaping plan shall be submitted as part of any site plan application. The site shall comply with open space requirements.

All self-storage signage shall comply with the provisions of Chapter 165 of Town Code with the exception of an information sign identifying telephone numbers to be called in the case of an emergency.

Health and wellness uses that are intended to facilitate mind and body wellness promoting healthy lifestyles for individuals, including, but not limited to, martial arts studios, yoga studios, and fitness centers.

Prohibited uses. Prohibited uses shall be as follows:

Industries whose principal activity is the storage, production or processing of hazardous materials as defined by the United States Department of Transportation in Title 49 of the United States Code.

The slaughtering or processing of animals or fish, including the parts thereof, or the manufacture of any commodity the principal ingredient of which is animal or fish matter, provided that nothing herein contained shall be construed to prevent butchering of animals for home or farm consumption.

Airports.

Hotels and motels.

Retail establishments.

Entertainment uses.

(Reserved)

Residential uses.

Additional provisions and requirements.

All new construction, whether a new building or an addition, or any alteration or modification of a current site shall require a site plan approval by the Planning Board.

All utilities serving a site shall be placed underground.

All uses permitted in this district shall have at least 35% green space consisting of seeding, planting, retention of tree cover or other landscaping. Parking lot landscaping and buffering areas may be included in calculating required green space.

Environmental reviews pursuant to NYCRR 617 (SEQR) shall be completed prior to any project approvals.

All operations within the Light Industrial District that require the outside storage of equipment, fixed or portable, motor vehicles or materials shall observe the following:

Storage and display is not to be within 100 feet of the line of a residential district.

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

No industrial structure shall be located within 100 feet of the boundary line of any residential district.

Incidental storage outdoors shall be shielded from view by fencing, landscaping or other appropriate measures.

Maintenance. The facility must be designed and maintained so as not to produce smoke, dust, noise, odors, glare or other deleterious by-products detectable beyond the property boundaries of the facility. The facility also is forbidden to discharge into any watercourse any contaminated liquids containing either deleterious biological or chemical constituents.

All construction, new uses or changes in use within the district shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article IV, Provisions Applicable to All Districts.

(11)

Whenever a permitted use in the district is located adjacent to any other district, a fully landscaped buffer shall be provided along the full length of the adjacent district. A one-hundred-foot buffer shall be required adjacent to residential districts. A thirty-foot buffer shall be required adjacent to other districts. 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 design and maintenance plan shall be approved by the Planning Board during its review of the site plan. Fences, walls or hedge or screen plantings may be required by the Planning Board, such as may be deemed necessary to protect the residential quality of adjacent property in any residential district.

(12)

All access roads to the site and all internal areas on which vehicles operate must be paved.

(13)

Thirty-five percent of the parcel must be green space. Parking lot landscaping and buffering areas may be included in calculating required green space.

§ 211-25 Multiple-Dwelling District regulations.

The purpose of the Multiple-Dwelling District is to permit, where appropriate, the construction and development of multiple-family residences in the Town of Victor; however, the Town does not encourage widespread development of such areas at the cost of residential districts. Therefore, additional areas may be zoned as multiple-dwelling districts upon application for a specific proposal in accordance with the normal rezoning procedures. Areas proposed to be zoned multiple dwelling shall be served by sanitary sewers, storm sewers and public water.

M-D Districts are districts created for use by multiple-dwelling units. These are unmapped districts which are created by the Victor Town Board. Each planned district is created in an area which has preexisting zoning. The newly created multiple-dwelling district is drawn on the Official Zoning Map only after it has been created by the Town Board. For definitions of the terms used below, see Article II, Definitions.

Permitted uses. For land which is zoned M-D, the following uses are permitted by right:

Two-family dwellings. Two-family dwellings include duplex units and semi-attached single-family dwellings.

Multiple dwellings.

Essential services. These are services necessary for the preservation of the public health, safety and convenience, including the erection, construction, alteration or maintenance of public utility systems. This provision excludes buildings, substations, pole yards and other open areas used for the storage of utility facilities, except that fire, ambulance, and police stations are included. Public utilities requiring communication towers shall be subject to the provisions of § 211-47, Communication towers.

[Amended 1-27-1997 by L.L. No. 4-1997]

For land which is zoned M-D, no other uses are permitted.

The process necessary to create a multiple-dwelling district shall be as follows:

Rezoning is required. Before any land may be used for the purposes of this section, it must first be rezoned to Multiple-Dwelling (M-D) District.

The following information is required:

Proof of ownership of the land proposed for rezoning.

A description of the property, including a metes and bounds description of the parcel and a map to scale with contour lines prepared by a licensed engineer or surveyor.

Its present use and its proposed use as a multiple-dwelling zoning district.

Site plan. A map sketch which shows the existing and eventual plans for the property. This site plan should show the type of development proposed, including the use of buildings and their locations. This plan shall be in conformance with the subdivision regulations for the Town and shall show the method for providing access to the proposed development and shall show the internal vehicular and pedestrian circulation.

A completed long form of the environmental assessment form (EAF).

Two copies of a petition to rezone the land. The original petition is to be submitted to the Town Clerk and a copy given to the Town Supervisor.

Statement of feasibility development.

Application for a permit for all planned zoning districts shall be accompanied by a written report indicating the method and timetable for development of the district.

The written report shall substantiate the economic need and demand for the type of planned zoning district proposed.

The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.

All land which is zoned for use as a multiple-dwelling district shall have public water and sanitary sewers.

Requirements for multiple-dwelling zoning districts shall be as follows:

Landscaping. Landscaping shall be approved by the Planning Board. Lot areas which are not required for buildings, structures or parking shall be landscaped with grass, decorative trees or shrubs. A plan which shows the location and species of plant material shall be provided.

Access drives and parking space. Setback areas may be used for access drives and parking areas except for the following conditions:

No parking area shall be located in a front yard or side yard abutting a dedicated street.

Where possible, the sharing of driveways is encouraged. When new development is occurring adjacent to existing development, the number of driveways provided will be controlled. If driveways are not shared, no access drive or parking space shall be closer than 10 feet from any lot line. This ten-foot strip shall contain decorative fencing or trees and shrubbery adequate to screen parking visually from adjacent properties.

Outdoor storage. Any outdoor storage of garbage and rubbish shall be in containers which are enclosed in such a way to be concealed from public view and inaccessible to children, dogs, vermin, etc.

Open space required. At least 25% of the total project site shall be reserved as open space. These areas shall consist of seeding, planting, retention of tree cover or other landscaping.

Buffers.

A ten-foot-wide landscaped area shall be provided along all property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. This landscaped area shall be densely planted with a mixture of shrubs and trees. All of these shall be no less than six feet high, to create an opaque screen.

All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and with a branching habit no less than eight feet wide; further, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.

Landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.

Miscellaneous provisions.

All living units shall have a storage area either within the apartment or in the same building of at least 40 square feet and shall be no less than four feet wide at the smallest dimension.

All accessory buildings shall be located on the site with the same relation to side lines and other buildings as given for the principal buildings.

All exterior design and materials must be approved by the Planning Board.

(Reserved)[1]

Editor's Note: Former Subsection B(4)(f)[4], requiring full basements, was repealed 8-28-2006 by L.L. No. 6-2006.

Rule of offset. No exterior wall of any multiple dwelling shall be more than 100 feet in length unless there is a lateral offset of at least four feet in its alignment, nor shall the total length be more than 200 feet.

Site plan review. Once land is rezoned, the site plan must be approved by the Planning Board pursuant to this chapter.

In addition to any other basis available under the law, the Town Board shall have the authority to again amend the map to restore the district to its original zoning designation or any other designation if site plan approval is not granted within three years. The Town Board may extend the three-year period.

[Added 9-14-2015 by L.L. No. 9-2015]

§ 211-26 Senior Citizens Housing District regulations.

Purpose. The purpose of the Senior Citizens Housing Zoning District is to provide for specialized living quarters for elderly and retired citizens who wish to live independently but prefer the advantages to be had in living in apartments designed specifically for community living of elderly citizens.

[Amended 1-23-2012 by L.L. No. 3-2012]

S-C Districts. S-C Districts are zoning districts created for use by senior citizen housing units. These are unmapped districts which are created by the Victor Town Board. Each planned district is created in an area which has preexisting zoning. The newly created senior citizen housing district is drawn on the Official Zoning Map only after it has been created by the Town Board.

Permitted uses. For land which is zoned S-C, the following uses are permitted by right:

Senior citizens dwelling apartments for the express habitation by elderly persons.

[Amended 1-27-1997 by L.L. No. 4-1997]

Special use permits. The Planning Board may issue a special use permit for the following:

[Amended 1-23-2012 by L.L. No. 3-2012]

Health care and institutional uses. Human service institutions, community service organizations, nursing homes, hospitals, institutions of a religious nature and medical offices for the treatment of humans by licensed medical practitioners.

The process necessary to create a senior citizens district shall be as follows:

Rezoning is required. Before any land may be used for the permitted uses in this district, it first must be rezoned to Senior Citizens (S-C) Housing District.

The following information is required:

Proof of ownership of the land proposed for rezoning.

A description of the property, including a metes and bounds description of the parcel and a map to scale showing topographical features prepared by a licensed engineer or surveyor in accordance with the design and construction standards of the Town of Victor.

A letter of intent which states the land's present use and its proposed use as a senior citizens district.

A map sketch which shows the existing and eventual plans for the property.

A completed long form of the environmental assessment form (EAF).

Two copies of a petition to rezone the land. The original petition is to be submitted to the Town Clerk and a copy given to the Town Supervisor.

The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.

Requirements for a senior citizens housing district shall be as follows:

The following public services are required:

Public sewer.

Public water supply for consumption and fire protection.

Stormwater drainage facilities approved by the Engineer for the Town.

Electric service which must be placed underground.

A fire alarm system in each unit with an alarm interconnection to the entire structure and appropriate county public safety answering point, such as the Ontario County Sheriff's Department.

Cable television service, if available.

Telephone service.

Design standards. Design standards shall be as follows:

Density. There shall be no more than (50) dwelling units per structure. The minimum open space required is 40% of the total land area.

Exterior design. Architectural design shall provide that no exterior building wall shall be more than 125 feet long without a minimum six-foot offset.

A minimum of 20 square feet of public assembly area is required per apartment.

Apartment sizes and amenities. These matters shall conform to all applicable federal or New York State standards for housing for the well-elderly as may be established from time to time.

The Planning Board may modify or waive the design standards for state or federally funded projects.

Access drives and parking space. Setback areas may be used for access drives and parking areas except for the following conditions:

No parking area shall be located in a front yard or side yard abutting a dedicated street.

No access drive or parking space shall be closer than 10 feet from any lot line. This ten-foot strip shall contain decorative fencing or trees and shrubbery adequate to screen parking visually from adjacent properties.

Outdoor storage. Any outdoor storage of garbage and rubbish shall be in containers which are enclosed in such a way to be concealed from public view and inaccessible to children, dogs, vermin, etc.

Buffers.

Landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.

Site plan review. Once land is rezoned, the site plan must be approved by the Planning Board pursuant to this chapter.

§ 211-27 Planned Development District regulations.

General guidelines.

[Amended 10-15-2019 by L.L. No. 10-2019]

Establishment of a Planned Development District project shall require two steps: amendment of the Zoning District Map to establish a planned district; and approval of a project in a planned district.

There shall be no minimum acreage requirement, provided that the overall intents and purposes of this section are complied with.

The purpose of requiring a two-step procedure for establishment of a Planned Development District is to:

Provide the Town Board an opportunity to consider the suitability of both the mix of principal uses and the general approach proposed for development of a planned development project.

Preserve flexibility for the Town Board and the applicant to articulate and explore alternative use mixes and general approaches to the planned development as the Town Board considers the proposed rezoning.

Avoid an applicant's need to commit significant effort and expense developing unnecessary detail prior to the Town Board's decision regarding a proposed PDD rezoning.

Preserve the Town Planning Board's opportunity to consider, potentially modify, and approve the detailed site plan that will be relied upon to bring a planned development project to fruition.

Ensure that the detailed site plan approved by the Town Planning Board for development of a planned development project is consistent with the general development approach anticipated by the Town Board when approving the PDD rezoning.

The two-step procedure accomplishes the foregoing purposes by:

Providing for a Town Board decision relative to PDD rezoning based upon a development plan that is only preliminary in nature.

Avoiding the need for more detailed information until such time as the Town Board has made a decision relative to PDD rezoning and the Town Planning Board is considering approval of a detailed site plan for the planned development project.

Requiring that any detailed site plan approved by the Town Planning Board relative to a planned development project be consistent with the preliminary development plan approved by the Town Board when implementing the PDD rezoning.

Requiring the inclusion of unnecessary detail in a preliminary development plan submitted to the Town Board for their consideration in connection with a proposed PDD rezoning may frustrate the foregoing purposes by:

Increasing the time and applicant's investment required for the Town Board and the applicant to articulate and explore alternative use mixes and general approaches to the planned development.

Decreasing the flexibility and willingness to explore alternatives as a consequence of the foregoing increases in time and cost and the resulting increase in the burden imposed upon the applicant.

Requiring the applicant to risk significant effort and investment in developing detailed information before any final determination as to whether the Town Board will grant the proposed PDD rezoning.

Diminishing the Town Planning Board's opportunity to consider, potentially modify, and approve the detailed site plan that will be relied upon to bring the planned development project to fruition as a consequence of the requirement that the site plan approved by the Town Planning Board remain consistent with a very detailed preliminary development plan approved by the Town Board rather than one that is more general and truly preliminary in nature.

In complying with SEQR requirements, the Town Board or Town Planning Board, as the case may be, should consider whether the need to avoid the inclusion of unnecessary detail in a preliminary development plan submitted to the Town Board for their consideration in connection with a proposed PDD rezoning would be a sufficient circumstance to warrant segmenting the environmental reviews of the PDD rezoning step and the site plan approval step and how such segmented reviews might be conducted so as to be no less protective of the environment.

PD Districts are zoning districts created for a compatible mix of uses. The classification "planned district" is intended to hold an area of land for future development in one or more of the following categories:

Planned residential.

Planned commercial.

Planned light industrial.

Planned recreational.

General guidelines.

[Amended 2-13-1995 by L.L. No. 2-1995]

Establishment of a Planned Development District project shall require two steps: amendment of the Zoning District Map to establish a planned district; and approval of a project in a planned district.

There shall be no minimum acreage requirement, provided that the overall intents and purposes of this section are complied with.

Procedures shall be as follows:

Amendment to Zoning Map for the Planned Development District (PD).

Application for amendment of the Zoning Map for a planned district shall be made to the Town Board, which shall refer the application to the Planning Board.

The applicant shall submit a preliminary development plan, at an appropriate scale, illustrating the type, uses and design of the proposed development, including any or all of the following as required by the Planning Board:

Boundaries of the proposed district.

Topography, soil conditions and drainage.

Land uses and building locations.

Roads, parking and walks.

Open space areas.

Landscaping and screening.

The Planning Board shall review such application and may require such changes in the preliminary plans as are necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Planning Board shall consider and make findings regarding the considerations set forth below:

The need for the proposed development.

In what respects the plan is or is not consistent with the stated purposes of the Planned Development District.

The extent to which the plan departs from the zoning regulations formerly applicable to the property in question (including bulk, density and permitted uses).

The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.

The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.

The provision for pedestrian circulation and open space in the planned development.

The traffic circulation features within the site, including the amount of, location of and access to automobile parking and terminal loading areas.

The provision for storm, sanitary and solid waste disposal and other utilities on the property adjacent to the site as well as that site itself.

The proposed landscaping and signage.

[11]

The manner in which the physical design makes adequate provision for service demands (water, sewer, fire, etc.), adequate traffic control and the amenities of light, air and visual enjoyment.

All applications for creation of a planned district shall be referred to the Ontario County Planning Board, which may review and comment on the referral within 30 days.

The Planning Board shall report its findings and render its recommendation on rezoning to the Town Board within 62 days of submission of a complete application. It may recommend approval, disapproval or conditional approval subject to modifications regarding the proposed development.[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

The Town Board shall consider the report and recommendations of the Planning Board, address SEQR requirements and all other comments, reviews and statements pertaining thereto and shall hold a public hearing after proper public notice as required for any amendment to these regulations. It may amend the Zoning Map to establish and define the type and boundaries of the Planned Development District and, in doing so, may state specific conditions in addition to those provided by the regulations.

Site plan approval in a Planned Development District.

The applicant shall submit to the Planning Board final development plans, specifications and necessary supporting documents as required to detail the approved preliminary development plan submitted for rezoning, including the data listed in § 184-15 of the Town Code and any or all of the following as required by the Planning Board:

A property survey showing existing contours, buildings, structures, trees, streets, easements and rights-of-way.

Site plans with proposed building locations, streets, parking areas, grading, walks and landscaping.

Final drawings.

Final engineering plans, including street design, drainage systems, sanitary sewage, water mains and public utilities, including gas and electric.

Construction time schedule.

No site plan approval shall be issued until the Planning Board has evaluated the project based on the following considerations:

Consistency with the preliminary development plan, including:

The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.

The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.

The provision for pedestrian circulation and open space in the planned development.

The traffic circulation features within the site, including the amount of, location of and access to automobile parking and terminal loading areas.

The provision for storm, sanitary and solid waste disposal and other utilities on the property adjacent to the site.

The proposed landscaping and signage.

[h]

The manner in which the physical design makes adequate provision for service demands (water, sewer, fire, etc.), adequate traffic control and the amenities of light, air and visual enjoyment.

All conditions imposed by the Town Board in establishing the planned district and in the approval of plans and all subsequent conditions imposed by the Planning Board or Town Board in reviewing the final site plans shall run with the land and shall not lapse or be waived because of ownership or tenancy change in any or all of the designated district.

The Town Board shall have the authority to again amend the map to restore the district to its original zoning designation or any other designation if site plan approval is not granted within three years. The Town Board may extend the three-year period.

If a building permit application for the development in accordance with the approved site plans and specifications has not been filed within one year after the date of the resolution authorizing site plan approval, site plan approval shall become null and void and the approval shall be revoked and vacated.

§ 211-27.1 Route 96/251 Corridor Overlay District regulations.

[Added 9-26-1994 by L.L. No 8-1994; amended 1-22-1996 by L.L. No. 2-1996]

Intent.

The intent in creating the Route 96/Route 251 Corridor Overlay District is to improve the quality of development along the corridor. The corridor is unique in its variety of topography, including steep slopes and wetland areas. These characteristics can enhance the design of future projects. The overlay district will restrict or control site access along Route 96 and Route 251 in the Town of Victor in order to prevent potentially significant traffic congestion problems and vehicular and pedestrian conflict areas. The overlay district will also require compliance with design guidelines to enhance the character of the corridor.

The regulations contained within this overlay district are not intended to be substituted for other general zoning district provisions but can be superimposed over such district provisions and should be considered as additional requirements to be met by the applicant or developer, prior to final project approval. This overlay district is intended to provide the Town of Victor Planning Board with an additional level of review along the Route 96/Route 251 corridor.

To carry out development of the Valentown Historic Preservation District (High Street Extension area) as an historic village environment of mixed uses and pedestrian scale. Goals and objectives for historic preservation and development in the Valentown District:

[Added 4-22-2002 by L.L. No. 2-2002]

Preserve historic buildings.

Develop a unifying theme for the areas.

Use the area to relocate endangered off-site historic buildings, if possible.

Encourage a pedestrian orientation, with pedestrian connections to other areas (Eastview Mall, etc.).

Preserve trees, landscape features, and scenic views.

Encourage a "village" character.

Encourage specialty retail development (i.e., farmer's market).

Identify compatible uses of existing buildings.

Emphasize the cultural experience.

Provide space for community activities (i.e. festivals and performances).

Provide connectivity with adjacent retail areas (i.e., a trolley loop).

Encourage specialty retail/services combined with housing (i.e., first floor - specialty retail/second floor - housing; owner-occupied first and second floor).

(m)

Provide open space/green areas.

Delineation of overlay district boundaries. Any property or parcel of land designated on the Zoning Map overlay district shall be considered to be within the boundary of the Route 96/Route 251 Corridor Overlay District. These parcels shall be subject to the provisions and restrictions of this district, in addition to the provisions and restrictions of the base zoning district within which the property lies.

Uses. Permitted principal uses, accessory uses and special permit uses within the Route 96/Route 251 Corridor Overlay District shall be those allowed within the underlying or base zoning district within which the property lies and shall be subject to the appropriate principal use provisions and restrictions of that district.

Dimensional requirements. Dimensional requirements for development within the overlay district shall be those setbacks, lot size and lot coverage provisions of the underlying or base zoning district within which the subject property lies unless otherwise required or allowed in this chapter.

The Planning Board shall not allow setback reductions unless the parcel is part of a clustered subdivision. If setback reductions are allowed by the Planning Board as part of a clustered subdivision or if the Zoning Board of Appeals grants setback variances, all of the following guidelines should be considered:

[Amended 1-24-2000 by L.L. No. 2-2000; 9-25-2000 by L.L. No. 13-2000]

There is no need for a future service road or road widening.

Building frontage on Route 251 or Route 96 is less than 25% of the parcel's Route 251 or Route 96 frontage.

At least 70% of the frontage area along Route 251 or Route 96 is heavily planted and mounded.

Additional provisions and requirements.

Any property or development within the Route 96/Route 251 Corridor Overlay District shall be subject to the additional provisions and requirements applicable in the underlying or base zoning district within which such property lies.

Additional site plan/special use permit provisions and requirements. The Town of Victor Planning Board shall consider the following requirements as part of the review and approval of any site plan or special use permit required for property within the Route 96/Route 251 Corridor Overlay District:

[Amended 7-26-1999 by L.L. No. 8-1999]

Any property or development within the overlay district shall be required to minimize curb cuts to Route 96 and Route 251.

Principal buildings and site features shall be designed in accord with Route 96/Route 251 corridor design guidelines adopted by the Town Board (topography, vegetation, wetlands, highway visibility, site elements, building guidelines, utilities and public elements).

Cross easements for vehicular access between adjacent properties shall be investigated, required and developed wherever feasible within the Route 96/Route 251 Corridor Overlay District.

A reasonable reduction in the size and number of parking spaces required for a project within the overlay district shall be permitted by the Town Planning Board where it can be demonstrated that such a reduction will not create overflow parking problems and will not adversely impact the access roads and that the additional space will be used for landscaping or open space areas within the site.

The required front setback along Route 251 shall be 100 feet or 25% of the lot depth, whichever is greater.

Maximum building and parking/circulation coverage area or industrially zoned lots fronting on Route 251 shall be 40%.

High Street Extension area [Tax Map parcels 6.00-2-26.000, 275 High Street; 6.00-2-27.000, 267 High Street; 6.00-2-28.000, 7370 Valentown Square; 6.00-2-29.000, except for the northerly portion that is within the Planned Development District (High Point Business Park), 7361 Valentown Square; 6.00-2-30.00, 7353 Valentown Square; 6.00-2-8.00, 235 High Street; 6.00-2-6.110, 236 High Street]. Applicants shall comply with the following regulations prior to site plan approval and prior to issuance of a building permit:

[Added 4-22-2002 by L.L. No. 2-2002; amended 7-25-2005 by L.L. No. 4-2005]

If properties in this area are zoned other than residential R-1, permitted principal uses, accessory uses and special permit uses shall be further limited as follows:

Specialty retail: small businesses not found in the mall such as a coffee shop, bakery, florist shop, etc.

Specialty office: small businesses which don't require a large floor plan, i.e., dentist, architect, accountant, employment agency, travel agent, counselor service, etc.

Multidwelling housing: housing which provides multiple dwelling units in a single structure, i.e., townhouses, apartments, or condominiums.

Historic/cultural/interpretive: museum, visitor center, interpretive facility.

Recreation/open space (active and passive): facilities such as a band shell or amphitheater, as well as walking trails.

Small commercial and professional businesses combined with multiple-dwelling housing to provide a mixture of economic vitality and flexibility in accommodating the needs of an historic district, and to complement the historic/cultural/interpretive uses. Where possible, include multiuse facilities (i.e., commercial first floor, housing second floor) as a means of increasing density. Increased density will allow for preservation of more open space in other areas of the site.

Any other business or use not specifically enumerated but which is judged by the Zoning Board of Appeals to be of the same general character as these identified uses.

Dimensional requirements. If properties in this area are zoned other than residential R-1, these additional dimensional requirements apply:

A one-hundred-foot landscaped buffer shall be maintained between any new development and the boundary of adjoining properties in the district.

A twenty-five-foot to thirty-foot buffer zone shall be retained for each of the historic buildings in order to preserve the landscape setting for the building. There shall be no parking, driveways or accessory structures within this buffer zone. Access drives for deliveries will be allowed up to the buildings.

Landscaping requirements. If properties in this area are zoned other than residential R-1, these additional landscaping requirements apply:

Street trees shall be planted to supplement existing trees lining High Street Extension and shall follow the setback of the existing trees. In addition, street trees shall be planted at twenty- to thirty-foot intervals as part of the development of any new roads. A mixture of native species shall be utilized.

Native evergreen and deciduous shrubs and trees shall be used in combination for areas where screening is desired.

Parking areas shall contain planted islands and shall also accommodate existing healthy, mature trees.

Plant species requiring minimal maintenance shall be utilized in the historic district. If ornamental planting areas are proposed, an irrigation system is required.

Existing healthy mature trees on the properties of the historic buildings, as well as mature trees on the High Street Extension corridor, shall be retained in order to preserve the landscape character of the district. A tree survey shall be undertaken to identify and determine the health of all the major trees in these areas. Care shall also be taken so that any new development does not damage these trees, especially through soil compaction, and damage to root systems or bark, from vehicles or construction activities.

Site lighting requirements. If properties in this area are zoned other than residential R-1, these additional lighting requirements apply:

Street lighting shall be placed at fifty-foot intervals in the historic district.

Downward facing luminaires mounted on twelve-foot to fifteen-foot high posts with arms to direct light toward pedestrian and vehicular routes with minimal light spillage shall be used.

Luminaires and posts shall reflect the historic character of the district, and shall be of a consistent style throughout the district.

Circulation requirements. If properties in this area are zoned other than residential R-1, these additional requirements apply:

Vehicular.

The existing relationship of streets in the district does not form a cohesive district, nor does it allow for the growth of the district. A reconfiguration which makes Valentown Hall the entry point into the district, and which connects all the historic sites with an internal vehicular route, is required.

The development of the area around the Bonesteel House may also warrant a second access point to the district from the Cobblestone Court entry road. If such an access is developed, it shall not be a through route to High Street Extension or High Street in order to eliminate "cut-through" traffic in the district.

Pedestrian.

Streets shall be developed with sidewalks, lighting and street trees, and on-street parking on one side only, in order to create a pedestrian, village-like character in the district.

Sidewalks shall also provide a pedestrian link to Cobblestone Court and the Eastview Mall.

In addition to the provision of sidewalks, a trail system through the district is also required. This system shall make use of the vegetated buffer zones and shall link the entire historic district. This trail shall be designed in accordance with the guidelines outlined in the Route 96/251 Guidelines and Standards in the Town's Comprehensive Plan.

Public transportation. Accommodation for trolley stops shall be included in the site plan. A transportation system which links the district to more extensive parking areas of the Eastview Mall and Cobblestone Court will reduce parking needs in the district and enhance pedestrian character.

Signage requirements. If properties in this area are zoned other than residential R-1, these additional signage requirements apply:

Signage shall reflect the character of the district.

Signage attached to buildings in the historic district shall be an integral part of the building detailing and shall reflect the building in size, color, material, and style.

Lettering styles shall be consistent throughout the district.

Appropriate sign materials are wood and stone.

If illuminated, signs shall employ downlighting. Internally illuminated signs are prohibited.

Monument signs shall mark the entry points to the historic district. Locations are shown on the Conceptual Plan in the Comprehensive Plan appendix, New York State Council on the Arts Committee recommendations for the Valentown Historic Planned Development District (Figure 4).

Historic preservation easements. If properties in this area are zoned other than residential R-1, these additional historic preservation requirements apply:

The existing historic buildings in the district shall be preserved and protected. Restoration and rehabilitation of these structures shall adhere to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. These guidelines are used by the National Park Service to determine if the rehabilitation of an historic building has been undertaken in a manner that is sensitive to its historic integrity. These guidelines must be followed if applying for federal rehabilitation tax credits.

A property shall be used for its historical purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires the replacement of a distinctive feature, the new one shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

[11]

New additions and adjacent or new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

[12]

The following uses be encouraged for each of the historic structures:

Bonesteel House: bed and breakfast/inn, specialty retail/office.

Schoolhouse: specialty retail/office, visitor center.

Valentown Hall: interpretive facility.

Icabod Town homestead: interpretive facility.

New additions to any of these historic structures are discouraged and shall never exceed 10% of the total square footage of the structure for residential or commercial use or 25% for interpretive uses.

New construction. If properties in this area are zoned other than residential R-1, these additional construction requirements apply:

Architecture. New buildings in the historic district shall reflect the overall district character as defined by the historic structures and sites. Architectural details need not be copied from the existing historic buildings, but shall reflect the size, scale and texture of the historic buildings. The following guidelines are required:

The use of natural materials, especially native stone, is required because of its historical significance to the district. Appropriate building finishes are cobblestone or wood clapboards.

Large facades are undesirable in the historic district; larger buildings shall be articulated to create a smaller sense of scale.

Buildings shall be two stories or less, with gabled roofs similar to the historic buildings in the district. Roof pitches shall be between 8:12 and 12:12. Gambrel and mansard roofs are prohibited.

Windows and doors shall be balanced in placement on the building facade. Glass area of front facades of buildings shall be between 12% and 35%. Glass area on ground floors shall be equal to or greater than glass area on upper floors.

Single-cased windows framed with a minimum 3.5-inch wide wood casing are required. Windows shall be vertical in proportions of 1:2 to 3:5 ratio of width to height.

Windows wider than three feet are prohibited except for the entry level of commercial uses, where six feet is acceptable. Sliding glass doors are prohibited on building facades.

Fenestration styles shall be consistent on the entire exterior of the building.

[h]

Proposed new buildings in the historic district shall be reviewed by the Town's Architectural Review Committee for conformance to these guidelines.

Parking. The following additional guidelines are required:

All off-street parking shall be located behind all buildings along High Street Extension to create a more pedestrian-friendly environment. Rear parking areas shall be linked by alleys in order to minimize curb cuts on High Street Extension.

Parking shall be provided for no more than 85% of peak anticipated demand for commercial uses. Appropriate parking ratios are to be achieved with a mixture of on-street and small lot parking rather than large multilane parking areas.

The use of permeable pavements and reinforced turf areas for overflow parking is required.

Parking areas shall be configured to preserve and ensure the health of existing mature trees.

Building alignment/setback.

Building groups shall use a consistent setback from the street edge. A fifty-foot "build-to" line is required along High Street Extension in order to preserve mature trees lining the street.

Building facades shall be parallel to the street with major roof ridges either parallel or perpendicular to the street.

Site amenities.

Benches, trash receptacles, bike racks, and drinking fountains shall be provided at regular intervals throughout the historic district to enhance pedestrian-friendliness and village-like atmosphere.

Site amenities shall reflect the historic character of the district. Appropriate materials are cast iron, wood and stone.

§ 211-27.2 WM Waste Management Facility District Regulations.

[Added 12-11-1995 by L.L. No. 10-1995]

The purpose of this district is to provide a means of developing those land areas within the community considered appropriate for waste management facilities in accordance with the Waste Management Facilities Law of the Town of Victor, and the purposes and findings of that statute.

To accomplish the above-stated goals and purposes, and provide protection for existing land uses, there is hereby created a Waste Management Facility District, with parcels to be hereafter located only within Light Industrial zoning districts upon approval of a permit under the Waste Management Facilities Law, approval of a zoning change by the Town Board and approval of the specific project.

General guidelines.

No premises may be employed as a waste management facility except in conformance with this section.

Establishment of a Waste Management Facility District project shall require three steps: receipt of a permit from the Town Board under the Waste Management Facility Law, amendment of the Zoning District Map to establish a Waste Management Facility District; and approval of a project in the district.

There shall be a minimum acreage requirement of 25 acres. The property must comply with all setback and location requirements of Section XIV of the Waste Management Facilities Law and the Light Industrial District. In the event of differing regulations, the stricter regulation shall apply.

Discontinuation of permitted waste management facilities. Should the use of any parcel as a waste management facility in a Waste Management Facility District cease or be discontinued for six months or more, the parcel shall revert to its underlying zoning classification.

Should any zoning variance be required for any project within the WM District, said variance shall apply only to this statute and shall not be a variance or waiver from the requirements of the Waste Management Facilities Law.

A minimum four-hundred-foot landscaped buffer shall be provided around the parcel perimeter. Internal access roads and parking shall not be within the buffer area. Nothing in this section shall prohibit the use of buffer areas as public recreation areas or conservation easements, with Planning Board approval.

Procedures shall be as follows:

All waste management facilities must be permitted by the Town Board in accordance with the Waste Management Facilities Law.

Amendment to Zoning Map for the Waste Management Facility District (WM).

Application for amendment of the Zoning Map for a WM District shall be made to the Town Board, which shall refer the application to the Planning Board.

The applicant shall submit a preliminary development plan at an appropriate scale, illustrating the type, uses and design of the proposed development, including any or all of the following as required by the Planning Board:

Boundaries of the proposed district.

Topography, soil conditions and drainage.

Land uses and building locations.

Roads, parking and walks.

Open space areas.

Landscaping and screening.

Compliance with the setback and location requirements of the Waste Management Facility Law.

The need for the proposed facility.

In what respects the plan is or is not consistent with the stated purposes of the Waste Management Facility District.

The extent to which the plan departs from the zoning regulations formerly applicable to the property in question (including bulk, density and permitted uses).

The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.

The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.

The traffic circulation features within the site, including the amount of, location of and access to truck and automobile parking and terminal loading areas.

The amount of traffic generated at peak hours and the provision for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards, such as inadequate sight distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes.

The provision for storm, sanitary and solid waste disposal and other utilities on the property adjacent to the site as well as that site itself.

The proposed landscaping and signage.

The manner in which the physical design makes adequate provision for service demands (water, sewer, fire, etc.), adequate traffic control and the amenities of light, air and visual enjoyment.

All applications for creation of a WM District shall be referred to the Ontario County Planning Board, which may review and comment on the referral within 30 days.

The Town Board shall consider the report and recommendations of the Planning Board, address SEQR requirements and all other comments, reviews and statements pertaining thereto and shall hold a public hearing after proper public notice as required for any amendment to these regulations. It may amend the Zoning Map to establish and define the type and boundaries of the Waste Management Facility District and, in doing so, may state specific conditions in addition to those provided by the regulations.

Site plan approval in a Waste Management Facility District.

The applicant shall submit to the Planning Board final development plans, specifications and necessary supporting documents as required to detail the approved preliminary development plan submitted for rezoning, including the data listed in § 184-15 of the Town Code, the complete application submitted under the Waste Management Facility Law, and any or all of the following as required by the Planning Board:

A property survey showing existing contours, buildings, structures, trees, streets, easements and rights-of-way.

Site plans with proposed building locations, streets, parking areas, grading, walks and landscaping.

Final drawings.

Final engineering plans, including street design, drainage systems, sanitary sewage, water mains and public utilities, including gas and electric.

Construction time schedule.

No site plan approval shall be issued until the Planning Board has evaluated the project based on the following considerations:

Consistency with the preliminary development plan, including:

The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.

The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.

The traffic circulation features within the site, including the amount of, location of and access to truck and automobile parking and terminal loading areas.

The amount of traffic generated at peak hours and the provisions for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards, such as inadequate sight distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes. Truck routes to and from the proposed facility shall be identified including site distances, shoulder width, lateral clearances and current capacity. Daily and hourly trip generation information shall be provided. Current traffic counts including vehicle classification and speed shall be submitted for proposed routes. Test holes may be required along Town roads to determine thickness of payment, foundation course and type of subbase.

The provision for storm, sanitary and solid waste disposal and other utilities on the property adjacent to the site.

The proposed landscaping and signage.

The manner in which the physical design makes adequate provision for service demands (water, sewer, fire, etc.), adequate traffic control and the amenities of light, air and visual enjoyment.

All conditions imposed by the Town Board in establishing the WM District and in the approval of plans and all subsequent conditions imposed by the Planning Board or Town Board in reviewing the final site plan shall run with the land and shall not lapse or be waived because of ownership or tenancy change in any or all of the designated district.

§ 211-27.3 Density Overlay Districts.

[Added 3-13-2000 by L.L. No. 7-2000; amended 10-23-2000 by L.L. No. 14-2000]

The maximum living units per acre of gross property area shall be as follows in the Residential Overlay Districts:

District	R-1	R-2	R-3
Residential Overlay District A	0.33	0.33	0.33
Residential Overlay District B	0.50	0.50	0.50
Residential Overlay District C	1.00	1.00	1.00

§ 211-27.4 Description of uses in High Point Business Park Planned Development District.

[Added 1-26-2009 by L.L. No. 1-2009; amended 3-26-2012 by L.L. No. 10-2012]

Generally applicable regulations, restrictions and conditions. Unless otherwise set forth herein at Subsection B, all lands zoned as High Point Business Park Planned Development District shall be subject to the regulations, restrictions, terms and conditions set forth at Town of Victor Resolution No. 194 (approved by the Victor Town Board on July 25, 2005),[1] which resolution is wholly incorporated herein and made a part of the Town of Victor Zoning regulations.

Editor’s Note: A complete copy of the resolution is on file in the Town offices.

Regulations, restrictions and conditions for post-2005 development. Any lands identified within this Subsection B shall not be subject to the provisions at Subsection A herein, but instead shall be subject to the provisions specifically enumerated within this subsection.

Historic High Point: The lands comprised of approximately 1.723 acres at Tax Map No. 1.02-1-13.000, said lands being more specifically identified by a metes and bounds description set forth at Section "2." of Town of Victor Local Law No. 10 -2012, and being further described on a conceptual development map/plan entitled "Final Site Plan," Project Name "Historic High Point Retail," Project No. 2022R, Drawing No. 02A, date issued February 2012 (the "Historic High Point Concept Map/Plan"),[2] said lands being commonly referred to as “Historic High Point,” shall be subject to the regulations set forth below:

All regulations, restrictions, terms and conditions set forth within the Town of Victor Resolution No. 147-2012, adopted on March 26, 2012, which resolution is on file with the Victor Town Clerk, which resolution is fully incorporated herein and made a part of the Town of Victor Zoning Regulations;

The Historic High Point Concept Map/Plan, including but not limited to the dimensional requirements, setbacks, building footprint, notes, etc., which shall constitute additional regulations, restrictions, terms and conditions applicable to Historic High Point, which map/plan is fully incorporated herein and made a part of the Town of Victor Zoning Regulations;

Any subsequent site plan approved by the Town of Victor Planning Board with respect to Historic High Point shall constitute additional regulations, restrictions, terms and conditions applicable to Historic High Point, shall run with the land, and shall be fully incorporated herein and made a part of the Town of Victor Zoning Regulations upon its approval. To the extent the site plan conflicts with the concept map/plan, the site plan shall control; and

Historic High Point shall additionally be subject to the Route 96/251 Corridor Overlay District Regulations.

Editor’s Note: Complete copies of L.L. No. 10-2012 with the metes and bounds description and of the conceptual development map/plan are on file in the Town offices.

Historic High Point Retail, Phase 3: The lands comprised of approximately 3.4 Acres at Tax Map #1.02-1-14.000, said lands being more specifically identified by a metes and bounds description set forth at Section IV of Town of Victor Local Law No. 7-2013, and being further described on a map drawn by BME Associates and entitled "Preliminary / Final Site Plan Render," Project Name "Historic High Point Retail Phase 3," Project No. 2022CR, Drawing No. [Blank], date issued May 2013 (the "Historic High Point Concept Map/Plan"), zoned as "Historic High Point Business Park Planned Development District," shall be subject to the regulations set forth below:

[Added 8-26-2013 by L.L. No. 7-2013]

Permitted uses. The permitted uses of the lands at Historic High Point Retail, Phase 3, shall be as follows:

Specialty retail: small businesses not found in the mall such as a coffee shop, bakery, florist shop, etc.

Specialty office: small businesses which do not require a large floor plan, i.e., dentist, architect, accountant, employment agency, travel agent, counselor service, etc.

Multidwelling housing: housing which provides multiple-dwelling units in a single structure, i.e., townhouses, apartments, or condominiums.

Historic/cultural/interpretive: museum, visitor center, interpretive facility.

Recreation/open space (active and passive): facilities such as a band shell or amphitheater, as well as walking trails.

Specialty and boutique restaurant: restaurants and related food service businesses which do not require a large floor plan such as cafes, ice cream shops, etc.

Specialty and boutique hotels: small hotels and inns that are typical of bed and breakfasts as opposed to larger, chain-type hotels.

Any other business or use not specifically enumerated but which is judged by the Zoning Board of Appeals to be of the same general character as these identified uses.

Area and dimensional requirements. The area and dimensional requirements, such as setbacks, building footprints, buffers, etc., shall be as set forth at the Historic High Point Concept Map/Plan, which map/plan is incorporated herein and made a part hereof, and shall constitute additional regulations, restrictions, terms and conditions herein.

Subsequent site plan. The most recent site plan approved by the Town of Victor Planning Board with respect to Historic High Point Retail, Phase 3, shall constitute additional regulations, restrictions, terms and conditions applicable herein, shall run with the land, and shall be fully incorporated herein and made a part of the Town of Victor Zoning Regulations upon its approval. To the extent the site plan conflicts with the concept map/plan, the site plan shall control.

Additional requirements. Historic High Point Retail, Phase 3, shall additionally comply with requirements for lands within the High Street Extension Area, all as set forth at the Victor Town Code § 211-27.1F(3), as follows:

Landscaping requirements at Subsection F(3)(c).

Site lighting requirements at Subsection F(3)(d).

Circulation requirements at Subsection F(3)(e).

Signage requirements at Subsection F(3)(f).

New construction requirements at Subsection F(3)(h).

Conflicts and supersession. To the extent there are conflicts between the regulations specifically enumerated herein, the concept map/plan, the site plan, and/or the High Street Extension Area regulations, conflicts shall be resolved as follows: first, in favor of the explicitly enumerated regulations set forth herein, then in favor of the site plan, then in favor of the concept map/plan and lastly in favor of the High Street Extension Area regulations.

Woods at Valentown Lot (formerly the "HOA Lot"): The lands, a part of the High Point Business Park, consisting of approximately 56.88 acres [comprising the former "HOA Lot" lands (minus dedicated roads) as well as 5.38 acres of lands formerly a part of the Conifer Village at Eastview PPD], being more specifically identified by a metes and bounds description set forth at Section IV of Town of Victor Local Law No. 10 -2018, and being further described on a preliminary development map/plan entitled "Preliminary Development Plan," Project: "Woods@ Valentown," Project No. 2022N, Drawing No. 01, by BME Associates and drawn by RR Glitch, date issued August 2017, revised March 26, 2018, with updated notes describing such plan dated July 17, 2018, (the "Woods at Valentown Preliminary Development Map/Plan" which attached hereto as Exhibit "A"[3] and expressly incorporated herein by reference) shall be subject to the regulations set forth below:

[Added 7-23-2018 by L.L. No. 10-2018]

All regulations, restrictions, terms and conditions set forth within the Town of Victor Resolution No. 423-2018, adopted on July 23, 2018, which resolution is on file with the Victor Town Clerk, and which resolution is fully incorporated herein and made a part of the Town of Victor Zoning Regulations;

Permitted uses. The permitted uses of the lands at the Woods at Valentown shall be as follows:

Multiple dwellings, which for purposes of this provision is residential housing that is comprised of multiple units in a single structure, including but not limited to apartment buildings, townhomes and condominiums, including common elements such as a clubhouse; and

Customary accessory uses. Accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building, including but not limited to swimming pools, storage facilities, home gardening, employee quarters to be occupied only by employees employed on the premises, home occupations, professional offices employing not more than one person who is not a member of the household, signs, off-street parking and loading areas, temporary tract offices, and other uses customarily appurtenant to a permitted use.

Area and dimensional requirements. The area and dimensional requirements, such as setbacks, building footprints, buffers, etc., shall be as set forth at the Woods at Valentown Concept Map/Plan, which map/plan is incorporated herein and made a part hereof, and shall constitute additional regulations, restrictions, terms and conditions herein, subject to the conditions below as identified by the Planning Board. The maximum residential density upon the site shall not exceed an absolute maximum density equivalent to 294 units. The Planning Board shall hereby have authority to exercise further discretion and flexibility during review and approval of the final development plan associated with the proposed amended zoning to further consider environmental factors and other site constraints and as such, the Board conditions the granting of the proposed zoning amendment on the following:

The Planning Board's imposition of appropriate conditions associated with the maximum density of 294 units authorized in the rezoning action by the Town Board herein concerning the visual appearance of the development in order to limit the impact of the appearance of undue density (if any), including by specifying the layout and configuration of buildings as set out below based upon the Planning Board's findings during review of the final development plan as well as during the site plan approval process except that the Planning Board shall not reduce the number of units below 294 as depicted in the amended plan attached as Exhibit "A" hereto, as long as the applicant does not seek to increase such number of units above 294;

The Planning Board making the ultimate determinations with respect to the final layout and configuration of all buildings [including certain measures to limit the impact of building height, but the Planning Board is not authorized to limit the number of stories shown on the preliminary plan approved by the Town Board as part of this amendment, such that if, for example, buildings are shown as three stories, etc., in such plan, they shall remain at the height depicted therein (Exhibit "A"[4] hereto), and such height may not be reduced as long as the applicant does not seek to increase the height of the buildings identified in the preliminary development plan as set forth in Exhibit "A"], streets, parking areas, pedestrian amenities, setbacks, open spaces, screening, buffering, easements and intersections, landscaping and tree preservation as well as signage without regard to the specific layout depicted in the preliminary development plan; and

Editor's Note: Exhibit "A" is on file in the Town offices.

The Planning Board making final determination with regard to the final development plan's impact to the Town's sanitary sewer conveyance system, and what improvements, if any, would be required by the developer.

Site plan. The most recent site plan approved ultimately approved by the Town of Victor Planning Board with respect to the Woods at Valentown shall constitute additional regulations, restrictions, terms and conditions applicable herein, shall run with the land, and shall be fully incorporated herein and made a part of the Town of Victor Zoning Regulations upon its approval. To the extent the site plan conflicts with the concept map/plan, the site plan shall control and supersede it (including for purposes of determining area and dimensional requirements).

Conflicts and supersession. To the extent there are conflicts between the regulations specifically enumerated herein, the concept map/plan, and/or the site plan, conflicts shall be resolved as follows: first, in favor of the explicitly enumerated regulations set forth herein, then in favor of the site plan, and lastly in favor of the concept map/plan.

The provisions as part of this Subsection B(3) shall supersede and replace those provisions applying to the lands referred to as the "HOA Lot" set forth at Resolution 194 of 2005 of the Victor Town Board (adopted July 25, 2005). These lands shall now be referred to as part of the "Woods at Valentown" lands and shall be subject to the regulations set forth in this Subsection B8(3).

Editor's Note: Exhibit A is on file in the Town offices.

Lot 1 of the High Point Business Park Planned Development District, and Historic High Point, shall have the following permitted uses, including customary accessory uses, and special permit uses:

Permitted uses are as follows:

Bed-and-breakfast establishments;

Medical offices for the treatment of humans by licensed medical practitioners;

Appropriate not-for-profit uses: any public or institutional use of an educational, recreational, historical or cultural nature, such as schools, colleges, universities, libraries, museums, historical district interpretive facility or visitor center, parks and playgrounds of a noncommercial nature. This class excludes correctional institutions.

Customary accessory uses. Accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building shall be permitted. Such uses include swimming pools, storage facilities, home gardening, servants quarters to be occupied only by servants employed on the premises, home occupations, professional offices employing not more than one person who is not a member of the household, signs, off-street parking and loading areas, temporary tract offices and other uses customarily appurtenant to a permitted use.

Retail commercial uses. This class includes but is not limited to the following primary uses:

Stores and shops conducting a seasonal or year-round retail business, excluding uses specifically regulated or prohibited elsewhere in the Town of Victor Zoning Code;

Restaurants;

Bakeries;

Businesses with on-site consumption of alcoholic beverages;

Recreational and commercial-recreational services;

Entertainment uses;

Banks, theaters and book, tool and video rental and lending businesses, including those with drive-up tellers or other drive-up services;

Laundromats and dry-cleaning establishments;

Residential uses in conjunction with a principal permitted use, provided that the dwelling area is not located on the street level of the structure; and

Nonretail commercial uses. This class includes but is not limited to the following primary purposes:

Professional offices and outpatient clinics of licensed medical, dental and other licensed health-care professional practitioners.

Single-family dwellings;

Two-family dwellings;

Multiple-family dwellings;

Office buildings; and

Administrative, educational and other related activities in conjunction with a permitted use.

Special permit uses are as follows:

Open displays;

Recreation areas; and

Municipal and other public service and public utility buildings.

Lot 2 of the High Point Business Park Planned Development District has the following permitted uses, including permitted accessory uses, and special permit uses:

Permitted uses are as follows:

Commercial office uses, such as Class A offices and associated ancillary services, including, but not limited to, a restaurant use, which includes both a convenience restaurant use and regular restaurant use, that is open to the occupants of the commercial office uses within Lots 2, 3 and 4 of the High Point Business Park Planned Development District and to the general public;

Permitted accessory uses, as follows:

Off-street parking and loading areas, subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts;

Signs, subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts;

Fences; and

Customary accessory uses.

Essential services;

Service industry uses;

Not-for-profit uses;

Administrative, educational and other related activities in conjunction with a permitted use; and

Medical offices.

Special permit uses are as follows:

Heliports;

Residential uses in conjunction with commercial and service businesses;

Light industrial uses, including:

Research and development facilities;

Production, processing and assembly operations;

Warehousing and distribution facilities; and

Bakeries or related food-preparation businesses.

Day-care centers;

Recreation areas;

Health care/institutions;

Communication towers; and

Municipal and other public service and public utility buildings.

Lot 3 of the High Point Business Park Planned Development District has the following permitted uses, including permitted accessory uses, and special permit uses:

Permitted uses are as follows:

Commercial office uses, such as Class A offices and associated ancillary services;

Permitted accessory uses, as follows:

Off-street parking and loading areas, subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts;

Signs, subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts,

Fences; and

Customary accessory uses.

Essential services;

Service industry uses;

Not-for-profit uses;

Administrative, educational and other related activities in conjunction with a permitted use; and

Medical offices.

Special permit uses are as follows:

Heliports;

Residential uses in conjunction with commercial and service businesses;

Light industrial uses, including:

Research and development facilities;

Production, processing and assembly operations;

Warehousing and distribution facilities; and

Bakeries or related food-preparation businesses.

Day-care centers;

Recreation areas;

Health care/institutions;

Communication towers; and

Municipal and other public service and public utility buildings.

Lot 4 of the High Point Business Park Planned Development District has the following permitted uses, including permitted accessory uses, and special permit uses:

Permitted uses are as follows:

Commercial office uses, such as Class A offices and associated ancillary services;

Permitted accessory uses, as follows:

Off-street parking and loading areas subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts;

Signs subject to Town of Victor Zoning Code Article IV, Provisions Applicable to All Districts;

Fences; and

Customary accessory uses.

Essential services;

Service industry uses;

Not-for-profit uses;

Administrative, educational and other related activities in conjunction with a permitted use; and

Medical office.

Special permit uses are as follows:

Heliports;

Residential uses in conjunction with commercial and service businesses;

Light industrial uses, including:

Research and development facilities;

Production, processing and assembly operations;

Warehousing and distribution facilities; and

Bakeries or related food-preparation businesses.

Day-care centers;

Recreation areas;

Health care/institutions;

Communication towers; and

Municipal and other public service and public utility buildings.

The High Point Business Park Homeowners Association (HOA) Lot has the following permitted uses, including customary accessory uses, and special permit uses:

Permitted uses are as follows:

Single-family dwellings;

Two-family dwellings. Two-family dwellings include duplex units and semi-attached single-family dwellings;

Multiple dwellings. Multiple dwellings include, but are not limited to, two- and three-family shared-wall residential buildings such as townhomes;

Customary accessory uses: accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building, including but not limited to swimming pools, storage facilities, home gardening, servants quarters to be occupied only by servants employed on the premises, home occupations, professional offices employing not more than one person who is not a member of the household, signs, off-street parking and loading areas, temporary tract offices, and other uses customarily appurtenant to a permitted use; and

Administrative, educational and other related activities in conjunction with a permitted use.

Special permit uses are as follows:

Not-for-profit;

Recreation areas;

Bed-and-breakfasts; and

Municipal and other public service and public utility buildings.

Lot 81 has the following permitted uses, including customary accessory uses, and special permit uses:

Permitted uses shall be those permitted in an R-1 District of the Town of Victor, as in the Zoning Code, plus the following:

Single-family dwellings;

Two-family dwellings;

Bed-and-breakfast establishments;

Preexisting barn that can be used to store maintenance equipment;

Stormwater overflow pond;

Essential services;

Customary accessory uses (including decks); and

Customary agricultural uses.

Special permit uses are as follows:

Not-for-profit uses;

Recreation areas; and

Municipal and other public service and public utility buildings.

§ 211-27.5 Conifer Village at Eastview Planned Development District.

[Added 6-28-2010 by L.L. No. 4-2010; amended 6-25-2012 by L.L. No. 14-2012; 7-24-2023 by L.L. No. 4-2023]

The Conifer Village at Eastview Planned Development District is hereby created. The regulations, restrictions and conditions of said Planned Development District are set out in their entirety on a site plan submitted by Passero Associates, dated May 2012, Drawing SP-1, Project No. 20121253.01, a site plan dated May 2010, Drawing SP-1, Project No. 20101100.0003, and a site plan dated June 2023, Drawing C101, Project No. 20101100.0006, which site plans are on file with the Town of Victor. Said site plans and the regulations, restrictions and conditions set out thereon are fully incorporated herein and constitute the zoning regulations for the Conifer Village at Eastview Planned Development District.

§ 211-27.6 Affronti at McMahon Road Planned Development District regulations.

[Added 5-29-2012 by L.L. No. 13-2012]

The Affronti at McMahon Planned Development District is hereby created. The regulations, restrictions and conditions of said Planned Development District shall be as follows:

Permitted uses. Permitted uses shall be the same as those uses permitted in the R-2 District.

Special use permits. Special use permits may be issued for those special uses allowed in the R-2 District.

Density. This PDD shall not be subject to Density Overlay Districts. Instead, the permissible density shall be no greater than 1.34 living units per acre of gross property.

The Affronti at McMahon Planned Development District shall be subject to the following additional rules, regulations, restrictions, terms and conditions:

The maximum residential density upon the site shall not exceed an absolute maximum density equivalent to 80 single-family residences;

The final development plan shall set aside no less than 50% of the site as open space;

The final development plan shall include improvements, acceptable to the Town Planning Board, along the initial street segment via which all traffic will have to access the site, intended to reduce the likelihood for that access to become blocked in the event of an emergency;

The final development plan shall include provisions, acceptable to the Town Planning Board, for access to any adjoining "land-locked" parcel to the extent the Town Planning Board finds such provisions advisable;

The final development plan shall locate the intersection with McMahon Road at a location determined by the Town Planning Board to best provide for safe access to the site; and

The Planned Development District shall be subject to additional, further conditions which may be imposed by the Planning Board, as follows:

Further limitations upon the maximum density of 80 single-family homes authorized in the rezoning action based upon its findings during review of the final development plan and preliminary subdivision plat;

A final determination relative to the issuance of a Planning Board waiver that would allow the development of more than 25 single-family residences upon a dead-end street;

Final determinations with respect to the final layout and configuration of all streets, lots, setbacks, open spaces, screening, buffering, easements and intersections without regard to the specific layout depicted in the preliminary development plan;

Final determinations with respect to the need for sidewalks of an appropriate width or other amenities within the development; and

Final determinations with respect to the need for and placement of garages within the development to provide adequate off-street parking.

§ 211-27.7 Pinnacle Athletic Campus Planned Development District regulations.

[Added 4-8-2013 by L.L. No. 1-2013; amended 11-27-2017 by L.L. No. 12-2017]

Approval process and modifications to the Pinnacle Athletic Campus PDD.

All construction, whether a building or an addition, meeting the conditions and established thresholds of these regulations as well as the most recently approved PAC PDD preliminary development plan, shall require site plan approval by the Planning Board, as well as a building permit where required by the Victor Town Code, except as identified below:

Exemptions from site plan approval include:

Athletic field installations within areas labeled temporary active recreation areas per the most recently adopted preliminary development plan.

Construction of temporary or semipermanent structures within temporary active recreation areas shall be referred to the Planning Board for review. This shall not require a formal site plan review but shall be added to the agenda as a Miscellaneous item for discussion. Review comments shall be provided by the Fire Marshal and Code Enforcement at a minimum. Formal determination of the Planning Board shall be documented in the meeting minutes. Building and operating permits as required by Town Code are to be obtained prior to use of any outdoor temporary or semipermanent structures, including, but not limited to, special event tents.

Where a building as approved and depicted on the most recently approved preliminary development plan is proposed to be changed so that its size in square feet differs by 20% or less than what is depicted on the most recently approved preliminary development plan, then such change shall be permitted only upon approval by the Planning Board (generally, pursuant to site plan review). In such case, neither Town Board approval nor a change to these PDD regulations shall be required.

Modifications that would be inconsistent with these PAC PDD regulations shall require Town Board approval amending these regulations.

Permitted uses shall be as follows:

Retail commercial uses.

Stores and shops for conducting a seasonal or year-round retail business consistent with the purpose of the Pinnacle Athletic Campus PDD.

Restaurants. Restaurants shall meet the standards established in the current Code § 211-22A(7)(a)[4].

No more than one separate commercial restaurant business is permitted in the Pinnacle Athletic Campus PDD (does not include concessions).

No drive-up window is permitted in the restaurant.

Maximum restaurant size shall be 5,000 square feet of net usable customer floor space and shall be located in one of the proposed retail buildings numbered 1 through 5 on the most recently approved preliminary development plan.

The main purpose of a restaurant shall be the sale of food. Alcohol consumption shall be allowed on site only.

Cafe, delicatessen, bakeries and ice cream store.

Entertainment uses, including occasional outdoor movie and community theater.

Hotels and motels.

In the aggregate, the total guest rooms for all hotel buildings shall not exceed 150.

No one hotel building shall exceed 100 total guest rooms.

Nonretail commercial uses.

Permanent indoor and outdoor athletic facilities which may include related appurtenant or accessory uses such as concessions, bleachers, equipment storage, bathrooms, locker rooms, dugouts, temporary retail vendor uses, first aid, temporary medical treatment uses, pool, ice rink, electrical/mechanical rooms and commentator/press box. Other specifically permitted uses include a community theater, indoor concerts, high school or college commencement, business convention, auto/recreational vehicle/boat shows or trade shows.

Indoor athletic facility uses shall be permitted only at Buildings 2 and 6 as shown on the most recently approved preliminary development plan. The aggregate size of all indoor athletic facility buildings shall not exceed 160,000 square feet total.

No one building used for indoor athletic facilities shall exceed 135,000 square feet.

Outdoor temporary or semipermanent athletic facilities appurtenant or accessory uses noted in section (2.a) within the temporary active recreation areas on the most recently approved preliminary development plan shall comply with Subsection A(1)(a)(2) above.

The following additional conditions will apply for outdoor open displays, temporary structures, and special events in any Pinnacle Athletic Campus PDD.

[i]

The placement and arrangement of the displays or structures must not be so prominent that the display is likely to cause a traffic hazard by significantly distracting the attention of passing motorists.

[ii]

The products, merchandise and other items displayed must directly reflect the intent of the products sold or services offered by the businesses within the Pinnacle Athletic Campus PDD.

[iii]

Outdoor special events shall be permitted for no more than a three-consecutive-day duration.

[iv]

Outdoor concerts shall not extend beyond 11:00 p.m.

Health care and institutional uses. Human service institutions, social halls, clubs, lodges, community service organizations, institutions of a charitable, educational, financial, or social nature, and health and wellness offices for the treatment of humans by licensed medical practitioners.

Professional offices and outpatient clinics of licensed medical, dental and other licensed health care professional practitioners.

Child care services including day-care centers and before- and after-school care programs.

Personal and professional services, including offices, office suites and consulting rooms of licensed professional workers, such as attorneys, counselors, real estate, accountants, brokers, clergy, architects, surveyors and engineers.

Public and other not-for-profit uses. Any public or institutional uses for office and operations, parks and playgrounds of a noncommercial nature. This class excludes correctional institutions. Fire, ambulance and police stations are included. Public utilities requiring communication towers shall be subject to the provisions of § 211-47, Communication towers.

Customary accessory uses. Accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building shall be permitted. This includes signs (subject to the Sign Code[1]), off-street parking and loading areas, temporary offices and other uses customarily appurtenant to a permitted use.

Editor's Note: See Ch. 165, Signs.

Any other uses not specifically enumerated herein which are not specifically prohibited herein may be approved upon a determination by the Town Board that such proposed use is consistent with the purpose of this PAC PDD.

Building placement and the preliminary development plan/site plan.

All uses shall additionally comply with the associated development and/or site plan most recently approved by the Town of Victor Planning Board.

Such most recently approved development and/or site plan shall be kept on file for review by Town officials and the public.

Medical/commercial/retail uses:

In total may be situated in a maximum of five distinct buildings as depicted on the more recently approved site/development plan.

The total aggregate square feet of such five buildings cannot exceed 150,000 square feet.

Where building number 2 on the most recently approved site/development plan is used as an indoor athletic facility, only four buildings (not five, as stated above) may be used as medical/commercial or retail, and the aggregate square feet shall be 125,000 square feet (not 150,000 square feet).

Outdoor recreational uses:

Traditional outdoor sports. As depicted on the most recently approved site/development plan, six multipurpose athletic fields (F-1 through F-6) and four baseball diamonds (BB-1 through BB-4) will be situated on approximately 24 acres.

Accessory and appurtenant related uses are permitted within such areas depicted on the most recently approved site/development plan, including a mixture of uses such as dugout, bleachers, concessions, lockers, restrooms, sports retail sales, first aid, electrical/mechanical room and equipment storage.

Temporary active recreation areas. As depicted on the most recently approved preliminary development plan, temporary active recreation areas will be situated on approximately 8.00 acres.

Temporary accessory and appurtenant related areas are permitted within such areas depicted on the most recently approved preliminary development plan, including a mixture of temporary uses such as those listed in Subsection B(2)(a.2).

Alternative outdoor sports. Areas for alternative outdoor sports shall be allowed as depicted on the site/development plan, which areas shall comprise approximately 15 acres. Uses permitted in these areas shall be those uses permitted in traditional outdoor sports areas, plus the following additional uses: ice skating, skateboarding, SWMA, BMX, volleyball, bike racing, open area for team building, and recreational tent camping, seasonal recreation and sports day camp, sledding hill, target archery, paint ball, geocaching and other similar activities.

Pedestrian transportation systems, including private and dedicated sidewalks, walking and hiking trails and walking and running paths.

Additional provisions and requirements.

Off-street parking and loading areas shall be subject to Town Code Chapter 211-32, Article IV, Provisions Applicable to All Districts.

Signs are subject to Town Code Chapter 165 as applicable to commercial districts. With the exception of the signs approved on the most recently approved preliminary development plan, all signs shall conform to Chapter 165 or will otherwise require relief in the form of a variance from the Town of Victor Zoning Board of Appeals.

Fences are subject to Town Code Chapter 211-41 (fences associated with athletic fields are addressed in site plan approval), and no further permit is required.

Engineering design standards shall comply with the current version of the Town of Victor Design and Construction Standards for Land Development.

All utility services shall be placed underground.

To the greatest extent feasible, all new construction and facade alterations shall be harmonious with existing business structures in the area.

A minimum of 35% of the parcel must be open space. Parking lot landscaping and buffering areas may be included in calculating required open space.

No lateral construction or impervious surfaces shall be permitted within 50 feet of the center line of any stream having year-round flow as delineated on a United States Geological Survey Map (excepting bridges for pedestrians, roads and utility crossings).

Outdoor mass gathering is subject to Town Code Chapter 135 which requires mass gathering permits for groups larger than 2,000 people gathered outside within a twelve-hour period. Mass gathering permits are administrated through the Town Clerk's office.

Crowd control measures are subject to New York State Fire Code § 403.12.3. Crowd control measures are required for events of 1,000 people or more. Crowd control measures of fewer than 999 people shall be included in the Fire Safety Evacuation Plan. Events of 1,000 people or more require an additional operating permit.

(11)

Tents and inflatable structures over 400 square feet are required to obtain an operating permit per New York State Fire Code Chapter 31.

(12)

Building permits are required for any structure, including temporary and accessory structures, defined as a roof supported by walls per Town Code Chapter 83. This includes any storage containers.

(13)

Environmental reviews pursuant to 6 NYCRR 617 (SEQR) shall be completed prior to any approvals as required by law.

(14)

Whenever a permitted use in the PAC district is located adjacent to any other district, a fully landscaped buffer shall be provided along the full length of the adjacent district. A one-hundred-foot buffer shall be required adjacent to residential districts. A thirty-foot buffer shall be required adjacent to other districts. 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 commercial activity from the adjacent district. The design and maintenance plan shall be approved by the Planning Board during its review of the site plan. Fences, walls or hedge or screen plantings may be required by the Planning Board, such as may be deemed necessary to protect the residential quality of adjacent property in any residential district.

(15)

Lighting.

Lighting shall be provided along the public roadway and parking areas with dark-sky-compliant fixtures as per the Town of Victor Code § 131-11.

Outdoor lighting for sports facilities shall be per the Town of Victor Town Code § 131-11J.

In both Subsection (a) and (b), engineered lighting plans shall be submitted and must be approved by the Town of Victor Planning Board pursuant to site plan review. Said lighting plans shall be subject to any additional conditions that may be imposed by the Planning Board during such site plan review, including conditions that may be more restrictive than those set forth in Chapter 131 of the Victor Town Code.

(16)

Any applicable provisions in the Route 96/251 Overlay District shall apply to the Pinnacle Athletic Campus PDD.

(17)

All provisions of the Pinnacle Athletic Campus PDD shall conform to New York State Uniform Fire Prevention and Building Code.

Bulk area requirements.

Setbacks		Buildings (feet)	Parking (feet)
Front:
From Phillips Road and Main Street Fishers		100	75
From proposed road right-of-way		50	25
Minimum from PDD for nonresidential adjacent		50	40
Minimum from PDD for residential adjacent lots		100	100
Interior lot setbacks:
	Side	15	15
	Rear	40	25
	Front	50	25
Building height
Hotel and athletic building		Lessor of 50 feet maximum or 3 stories
Office/retail building		Lesser of 30 feet maximum or 2 stories
Lot coverage* (total)		40% maximum
Total open space		Greater than 35%
*Includes buildings and all impervious surfaces.

§ 211-27.8 Eastgate Square Planned Development District regulations.

[Added 5-13-2013 by L.L. No. 2-2013; amended 9-23-2013 by L.L. No. 8-2013]

The rules, regulations, restrictions and conditions of the Eastgate Square Planned Development District are set forth in Local Law No. 3-1998 of the Town of Victor, which local law incorporates a number of requirements and conditions that also comprise the rules, regulations, restrictions and conditions of the Eastgate Square Planned Development District. Such further requirements and conditions include, but are not limited to, those set forth in Victor Town Board Resolution No. 193 of 1998. Said Local Law No. 3-1998 and Resolution No. 193 of 1998 are fully incorporated herein and are made a part of these Eastgate Square Planned Development District regulations.

A map filed with the Victor Town Clerk and entitled "Eastgate Square Expansion," drawn by T.Y. Lin International, Project No. 40.6197, dated October 17, 2012, revised July 3, 2013, shall comprise further regulations of this PDD, and such PDD shall fully comply and be consistent with all aspects of said map. Said map is also fully incorporated herein and made a part of these Eastgate Square Planned Development District regulations.

A map filed with the Victor Town Clerk and entitled "Eastgate Square - 10K Addition," drawn by T.Y. Lin International, Project No. 43.5569.02, dated March 16, 2017, shall comprise further regulations of this PDD and such PDD shall fully comply and be consistent with all aspects of said map. Said map is also fully incorporated herein and made a part of these Eastgate Square Planned Development District regulations.

[Added 6-26-2017 by L.L. No. 5-2017]

§ 211-27.9 7200 Rawson Road Planned Development District regulations. [1]

[Added 12-18-2023 by L.L. No. 2-2024]

Site layout.

The Rawson Road Planned Development District is a multiuse planned development district with permitted uses comprising residential on 18.47 acres and light industrial on 4.03 acres. The site layout of this PDD is depicted on the concept plan (dated April 2023, last revised October 17, 2023, Project No. 2397A, Drawing 01), filed with the Town, which concept plan may be superseded, in whole or in part, by the most recently approved site plan for the site to the extent the most recently approved site plan conflicts with the concept plan (the most recent plan, be it concept or site, is hereinafter referred to herein as the "plan"). The plan is made a part of these Town of Victor Zoning Regulations and the lands subject to this PDD shall comply with the plan in all respects.

Generally, this district as mapped comprises one ± 22.5 acre site with two discernible sections. The first is the section westerly of the northeast/southwest row of trees depicted on concept plan (the "tree row"), which shall be referred to as the westerly section and as depicted on the original PDD rezoning conceptual plan, comprises of multifamily, for-sale townhome units. The second section is easterly of the tree row and is referred to as the easterly section and, as depicted on the original concept plan, originally comprises an industrial building.

Modification. So long as any future proposed changes remain consistent with these permitted PDD regulations, such proposed changes may be addressed and approved by the Planning Board via site plan and/or subdivision review without any further need to come before the Town Board for modification of these PDD regulations.

Permitted uses. Permitted uses shall be as follows:

For the westerly section, those uses permitted within an MD District and Townhouses.

For the easterly section, any uses permitted within a C/LIND and/or LI District.

No special uses are permitted.

Accessory uses and setbacks.

For residential lots within the minimum required dimensions at Schedule II, Area and Height Requirements, accessory structures such as storage sheds shall have fifteen-foot setbacks from all property lines.

For residential lots smaller than the minimum required dimensions at Schedule II, Area and Height Requirements (by reason of alternative bulk requirements permitted by this PDD and the associated plan), lot line setbacks for accessory structures shall have a reduced setback requirement of five feet, provided that the following conditions are met:

The storage shed measures no greater than 150 total square feet in area.

The storage shed is no larger than 15 feet in width or length;

The storage shed does not exceed 10 feet in height as measured from the average grade to the top of the wall. This measurement does not apply to peaked or gabled walls;

The storage shed may not be placed in such a manner that it will interfere with any easement;

The storage shed may not be placed in any manner such that it interferes with drainage;

The storage shed must be maintained in good condition;

The storage shed must not have extensions (such as additions, shed roofs, etc.);

The storage shed cannot be placed forward of the rear line of either the house on the subject property on which it will be placed or an adjacent house;

The storage shed shall be positioned such that the doors in a closed position do not face any side or rear lot lines that are closer than 15 feet to the storage shed; and

The storage shed may not have any exterior lighting.

Bulk/dimensional requirements.

Density. This PDD shall not be subject to any Density Overlay Districts. Instead, the permissible density is as follows:

With respect to residential uses, the density of westerly section shall be 3.2 residential units per acre;

With respect to LI uses, the density permitted and applicable to LI Districts, as further specified in Chapter 211 and schedules thereto.

Dimensional requirements.

With respect to the westerly section, the dimensional requirements shall be those permitted and depicted on the PDD rezoning conceptual site plan, i.e., single-unit residential lots shall be developed and implemented consistent with the plan, such that setbacks, green space, etc., for each lot are as depicted on the plan. For those dimensional requirements not indicated, depicted or otherwise decipherable by the plan, dimensional requirements shall be those of the MD District.

With respect to the easterly section, the dimensional requirements shall be those permitted by the C/LIND District for C/LIND uses and shall be those permitted by the LI District for LI uses, except that the building depicted on the easterly section in the PDD rezoning conceptual plan shall also be considered to be within permissible dimensional requirements (without regard to LI and/or residential dimensional requirements), as long as it remains as depicted.

The Official Zoning Map of the Town of Victor, on file in the Office of the Town Clerk, and the Town of Victor Zoning Code (located at Chapter 211 of the Victor Town Code), inasmuch as the Zoning Map is incorporated into the Town of Victor Zoning Code, shall be amended as it pertains to the parcels specifically identified as and by (as of the date of adoption of this section) Tax Map Parcel #27.00-1-28.000, so that said parcel is rezoned to "7200 Rawson Road Planned Development District." The metes and bounds description of said parcel and complete L.L.No. 2-2024 are on file in the Town offices.

Editor's Note: Former § 211-27.9, 7200 Rawson Road Planned Development District regulations, added 12-22-2014 by L.L. No. 1-2015, was repealed 7-22-2019 by L.L. No. 5-2019.

§ 211-27.10 Eastview Commons Planned Development District regulations.

[Added 7-25-2016 by L.L. No. 3-2016]

The rules, regulations, restrictions and conditions of the Eastview Commons Planned Development District are set forth in Local Law No. 14 of 1997 of the Town of Victor and Resolution No. 310 of 1997 of the Town of Victor, which documents incorporate a number of requirements and conditions that also comprise the rules, regulations, restrictions and conditions of the Eastview Commons Planned Development District. Said local law, resolution, all amendments thereto and all related documents are fully incorporated herein and are made a part of these Planned Development District Regulations.

A map filed with the Victor Town Clerk and entitled “Site Plan, Victor Self Storage East, 7606 Commons Blvd, Victor, NY 14564” drawn by Mitchel Design Build, Project No. 15.031, dated February 23, 2016, shall comprise further regulations of this PDD applicable to the lands depicted thereon, said lands being commonly known as 7606 Commons Boulevard, Lot #8, Tax #6.00-1-3.100, comprising approximately 6.983 acres (the “Victor Self Storage Lands”). The Victor Self Storage Lands (which are a part of the Eastview Commons PDD) shall fully comply and be consistent with all aspects of said 2016 map. Said 2016 map is fully incorporated herein and made a part of these Eastview Commons Planned Development District regulations. To the extent said 2016 map conflicts with the prior regulations formerly established via the aforementioned local law and resolution, the 2016 map shall control.

§ 211-27.11 Royal Car Wash at Cole and Parks Planned Development District regulations.

[Added 4-27-2017 by L.L. No. 13-2017; amended 10-26-2020 by L.L. No. 5-2020]

The lands, a part of the Royal Car Wash at Cole and Parks Planned Development District consisting of approximately 1.10 acres, commonly known as and referred to as 607 Rowley Road (Tax Map No. 6.00-2-76.100) and being more specifically identified by a metes and bounds description set forth below of the Town of Victor Local Law No. 13-2017, and being further described on a conceptual development map/plan entitled "PDD Plan Royal Car Wash" Project No. 20162301.0001, Drawing No. PDD 1, by Passero Associates, dated May 2017 (the "Royal Car Wash at Cole and Parks PDD Concept Map/Plan"); and the additional lands, conditioned upon the filing of the deed, consisting of a portion of land approximately 0.537 acre, adjacent to 607 Rowley Road (Tax Map No. 6.00-2-76.100) and being more specifically identified by a metes and bounds description set forth below of the Town of Victor Local Law No. 5-2020, and being further described on site plans/site development plans entitled "Royal Car Wash" Project No. 20162301.0001, Drawings Nos. C101 and C102, by Passero Associates, dated September 2020, shall be subject to the rules, regulations, restrictions and conditions set forth below:

All regulations, restrictions, terms and conditions set forth within the Town of Victor Resolution No. 492-2017, adopted on November 27, 2017, which resolution is on file with the Victor Town Clerk, and which resolution is fully incorporated herein and made a part of the Town of Victor zoning regulations.

Permitted uses. The permitted uses shall be as follows:

Car wash, including associated infrastructure necessary as part of the car wash operation; and

Office, limited to office space for those serving the on-site car wash, in the historic "Cole and Parks" building, as preserved and set forth in the Royal Car Wash at Cole and Parks PDD Map/Plan, which Map/Plan is incorporated herein and made a part hereof. The continued existence and integrity of said historic "Cole and Parks" building is made a condition of the continued adoption of the PDD, without which this PDD is subject to revocation by the Town Board and return to a Commercial District.

Customary accessory uses, including accessory uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use of the principal building.

Area and dimensional requirements. The area and dimensional requirements, such as setbacks, building footprints, buffers, etc., shall be as set forth at the Royal Car Wash at Cole and Parks PDD Map/Plan as follows:

Modification — building separation:

Project has building separation of 23 feet or greater.

Modification — front setback:

Project has a front setback of 53 feet or greater.

The existing Cole and Parks building is an existing and nonconforming structure. The front setback for this building will not be modified as part of the project.

Modification — front parking setback:

The project has a front parking setback of four feet or greater.

Modification — side parking setback:

Project has a side parking setback of seven feet or greater.

Clarification — rear parking setback:

An existing variance is in place which reduces the parking setback to the rear of the property to zero feet.

Modification — rear setback:

Project has a rear setback of 38 feet or greater.

Modification — parking requirement:

Project shall have four stalls, including an accessible parking space and loading zone, for employees only.

Modification — signage:

The project has a pole-mounted sign. Royal Car Wash has a sign brand of a lollypop-style pole-mounted sign. This type of sign is in keeping with the existing Cole and Parks pole-mounted sign.

The project has a Royal Car Wash brand lollypop-style pole-mounted sign, 20 feet in height and 36 square feet in area (each face). This is in keeping with the existing pole-mounted Cole and Parks sign which is 20 feet in height and 55 square feet in area (each face).

The project has one 62 square-foot sign facing Rowley, one 32 square-foot sign facing Route 96, and one 32 square-foot sign on the east face of the building (car wash exit). The existing Cole and Parks building has a 20 square-foot sign facing Rowley Road and a 10 square-foot sign facing Route 96.

The map/plan is incorporated herein and made a part hereof, and shall constitute additional regulations, restrictions, terms and conditions herein.

Site plan. The most recent site plan approved by the Town of Victor Planning Board with respect to the Royal Car Wash at Cole and Parks PDD shall constitute additional regulations, restrictions, terms and conditions applicable herein, shall run with the land, and shall be fully incorporated herein and made a part of the Town of Victor zoning regulations upon its approval. To the extent the site plan conflicts with the concept map/plan, the concept map/plan shall control and supersede the site plan (including for purposes of determining area and dimensional requirements).

Performance bond. The Planning Board shall require, prior to the issuance of a demolition permit and prior to the start of construction, that the applicant post a performance bond issued by a surety or guaranty company having a minimum rating of "A" by A.M. Best or a similar credit rating company in an amount sufficient to secure the complete and satisfactory upgrades to Pump Station 28, as well as to protect the integrity of those historic structures located within the PDD and/or complete repairs to such historic structures due to damages sustained during the construction activities completed by the applicant. The performance bond estimate shall be prepared by the Town Engineer. The Planning Board shall review the performance bond estimate as prepared by the Town Engineer and shall approve or modify the estimate in its sole discretion. The performance bond shall comply with all of the applicable statutory requirements of § 277 of the New York State Town Law. The applicant shall submit the performance bond to the Town Attorney for approval as to form, sufficiency and manner of execution. No surety bond shall be accepted by the Planning Board unless the bond includes a provision guaranteeing payment of the Town of Victor's legal fees for the enforcement of the bond in an amount not less than 10% of the bond amount or $10,000, whichever is greater. The Town of Victor Building Department shall not issue a demolition or building permit until written notification by the Town Clerk of the filing of the performance bond. In its sole discretion, the Planning Board may accept, in lieu of a performance bond, a written performance guaranty in the form of an irrevocable letter of credit from a banking institution acceptable to the Planning Board, cash, a certified check drawn on a national or state bank payable on sight to the Town of Victor, or any other written obligation guaranteed as to interest and principal having a value at least equal to the full amount of the security required. The duration of the period and/or estimated amount specified in the performance bond or guaranty agreement may be modified by resolution of the Planning Board in its sole discretion, upon written request of the applicant, setting forth in detail the reasons for the requested modification. Termination of the performance bond or guaranty shall be granted by the Planning Board in its sole discretion upon the Town's inspection and confirmation that the improvements set forth in the final site plan have been satisfactorily completed, the integrity of the historic buildings has been preserved, and any and all necessary repairs to such historic buildings have been completed.

§ 211-27.12 Highline Park Planned Development District regulations.

[Added 6-22-2020 by L.L. No. 2-2020]

The lands, being the Highline Park Planned Development District, consisting of approximately 18.6 acres, commonly known as and/or referred to as "7652 County Road 42," having Tax Map No. 6.00-1-58.310 and the adjacent parcel having Tax Map No. 6.00-1-58.320 and being more specifically identified by a metes and bounds description set forth below in the Town of Victor Local Law No. 2-2020, and being further described on a preliminary development plan entitled "Highline Park," dated July 5, 2019, last revised June 10, 2020, by Marathon Engineering (the "Highline Park Preliminary Development Plan"), shall be subject to the rules, regulations, restrictions and conditions set forth below:

An application for site plan and/or subdivision approval in relation to at least one, or a portion of, a parcel identified as 7652 County Road 42, Tax Map No. 6.00-1-58.310 and County Road 42, Tax Map No. 6.00-1-58.320 must be submitted to the Town within one year of the effective date of this section. If an application for site plan and/or subdivision approval is not filed with the Town within one year of the effective date of this section, the Town Board may repeal this section and revert the project site back to the previous zoning district classification of Light Industrial. The one-year time frame within which a site plan and/or subdivision approval must be filed may be extended upon written approval of the Victor Town Board for one six-month extension.

All regulations, restrictions, terms and conditions set forth within the Town of Victor Resolution No. 226-2020, adopted on June 22, 2020, which resolution is on file with the Victor Town Clerk, and which resolution is fully incorporated herein and made a part of the Town of Victor Zoning Regulations.

Permitted uses. The permitted uses shall be as follows:

Single-family dwellings (not necessarily on separate lots).

Townhouses.

Duplexes (not necessarily on separate lots).

Multiple dwellings.

Swimming pool for the exclusive use of Highline Park residents and their guests.

A community building, commonly known as a "clubhouse," providing amenities and/or services to residents of Highline Park and their guests, including, without limitation, the following: shower facilities, exercise facilities, locker room, community/gathering room, kitchen facilities, leasing office, maintenance facilities, storage areas, personal service retail, and similar services.

All uses permitted in the R-2 District.

Area and dimensional requirements shall be as follows:

Maximum building height:

Within 100 feet of a residential district: one story or 35 feet.

Multiple-dwelling buildings with more than six units shall be three stories.

All other locations: maximum two stories or 45 feet.

Principal building minimum setbacks:

From Main Street Fishers: 60 feet.

From all other property lines: 25 feet.

Minimum no-build buffer from Saurer Farms Drive residential properties: 100 feet.

Minimum combined open space/green space: 35%.

Parking requirements shall be as follows:

Single-family, townhouse, duplex and multiple dwellings up to six units per building: minimum of two spaces per dwelling unit, including garage spaces.

Multiple dwellings containing six units or more: minimum of 1.5 spaces per dwelling unit.

Clubhouse or similar buildings: minimum of one space per employee plus one space per 1,000 square feet interior floor space.

The residential density to be developed shall be 146 dwelling units.

The Highline Park preliminary development plan is incorporated herein and made a part hereof, and shall constitute additional regulations, restrictions, terms and conditions of this section.

Site plan. The most recent site plan approved by the Town of Victor Planning Board with respect to Highline Park PDD shall constitute additional regulations, restrictions, terms and conditions applicable herein, shall run with the land, and shall be fully incorporated herein and made a part of the Town of Victor Zoning Regulations upon its approval.

Conflicts and supersession. To the extent there are conflicts between the regulations specifically enumerated in this section, the preliminary development plan, and/or the site plan, conflicts shall be resolved as follows: first, in favor of the explicitly enumerated regulations set forth in this section, then in favor of the site plan, and lastly in favor of the preliminary development plan.

§ 211-27.13 Mixed-Use Overlay District regulations.

[Added 10-15-2019 by L.L. No. 11-2019]

The purpose of this district is to provide additional flexibility to authorize a mix of multiple principal uses on land areas within the community considered appropriate for a satisfactory combination of residential, recreational, commercial and/or light industrial use without departing from the spirit and intent of these zoning regulations and in the absence of a plan for development.

Mixed-Use Overlay Districts are overlay districts designated for a compatible mix of uses in one or more of the following categories:

Residential.

Commercial.

Light Industrial.

Recreational.

General guidelines.

Mixed-Use Overlay Districts shall only be established over the following underlying base zones: Commercial, Commercial/Light Industrial and Light Industrial Districts. The overlay district can share common boundaries with the underlying base zone or cut across base zone boundaries. The existence of another overlay zoning district or districts in the same location shall not preclude establishment of a Mixed-Use Overlay District.

No Mixed-Use Overlay District shall be established over any underlying residential base zone including the R-1, R-2, R-3 or LD Districts. No Mixed-Use Overlay District shall be established over any underlying planned zoning base zone including the following planned zoning districts: MDD, S-C, MHD, PDD, or WM.

Establishment of a Mixed-Use Overlay District shall require two steps: Town Board amendment of the Zoning District Map to establish or expand a Mixed-Use Overlay District; and the Town Board's approval of a Mixed-Use Plan for a parcel or parcels of land within the district.

The Town Board may impose conditions in establishing a Mixed-Use Overlay District. All conditions imposed by the Town Board in establishing a Mixed-Use Overlay District or incorporated in the approval of an associated Mixed-Use Plan shall run with the land and shall not lapse or be waived because of an ownership or tenancy change in any or all of the designated district.

The Mixed-Use Plan approved by the Town Board shall describe, at a minimum:

The site to which the Mixed-Use Plan is applicable.

The mix of uses to be made of the site.

For each of the uses included in the mix of uses, whether the use is:

A use listed as a permitted use within the underlying base zone.

A use listed as a special permit use within the underlying base zone.

A use listed as special permit use within the underlying base zone but also listed as a permitted use in the special provisions identified in the applicable Mixed-Use Overlay District.

A use not listed as either a permitted use or a special permit use within the underlying base zone but listed as a permitted use in the special provisions identified in the applicable Mixed-Use Overlay District.

A use not listed as either a permitted use or a special permit use within the underlying base zone but listed as a special permit use in the special provisions identified in the applicable Mixed-Use Overlay District.

An accessory or other use not described in one of the foregoing categories.

For each of the uses included in the mix of uses listed as a special permit use within the special provisions identified in the applicable Mixed-Use Overlay District, the conditions governing Planning Board approval of such use.

Conditions imposed by the Town Board when amending the Zoning District Map to establish or expand the Mixed-Use Overlay District and how the Mixed-Use Plan would comply with any such conditions.

Conditions to be imposed by the Town Board when approving the Mixed-Use Plan to ensure that the mix of uses described in the Mixed-Use Plan would be appropriate for a satisfactory combination of residential, recreational, commercial and/or light industrial use in the absence of a plan for development and how the mix of uses would remain consistent with the spirit and intent of these zoning regulations.

Although the Town Board may establish a Mixed-Use Overlay District in response to an application, no application is required and the Town Board may establish such a district on its own initiative.

Establishment of a Mixed-Use Overlay District shall affect only the uses to which land may be put. All other requirements described in this or other chapters of the Victor Town Code, including those regarding Planning Board approval of site plans, requirements described in regulations applicable to the underlying base zone, requirements described in regulations applicable to other overlay districts, and requirements described in provisions applicable to all districts shall remain unchanged and in force.

Procedures to establish or expand a Mixed-Use Overlay District shall be as follows:

Any application to the Town Board proposing establishment or expansion of a Mixed-Use Overlay District shall include, at a minimum:

A description of the nature, extent, characteristics and present zoning of the proposed site.

A draft Mixed-Use Plan including the content described in the foregoing Subsection C(5) or, in specific instances, why the indicated information cannot be provided and why its absence should not delay action relative to the proposed amendment to the Zoning District Map.

A completed State Environmental Quality Review ("SEQR") Environmental Assessment Form Part 1 describing the proposed establishment or expansion of a Mixed-Use Overlay District.

The Town Board shall refer the potential establishment or expansion of any Mixed-Use Overlay District and/or the potential approval of any Mixed-Use Plan to the Town Planning Board for their consideration and recommendation. The Town Planning Board shall report its findings and render its recommendation on rezoning to the Town Board within 62 days of submission of a complete application. It may recommend approval, disapproval or conditional approval subject to modifications regarding the proposed development.

The Town Board shall refer the potential establishment or expansion of any Mixed-Use Overlay District and/or the potential approval of any Mixed-Use Plan to the Ontario County Planning Board for their review and comment within 30 days and as required under the provisions of the General Municipal Law of the State of New York.

The Town Board shall consider the report and recommendations of the Planning Board, address SEQR requirements and all other comments, reviews and statements pertaining thereto and shall hold a public hearing after proper public notice as required for any potential amendment to the Zoning District Map and/or potential approval of a proposed Mixed-Use Plan.

When amending the Zoning Map to establish and define the type and boundaries of any Mixed-Use Overlay District, the Town Board may impose specific conditions in addition to those provided by other regulations.

When approving any Mixed-Use Plan relative to sites within a Mixed-Use Overlay District, the Town Board may impose specific conditions in addition to those provided by other regulations.

The Town Board shall retain the authority to again amend the map to abolish the established or expanded Mixed-Use Overlay District if approval of an associated Mixed-Use Plan is not granted within three years. The Town Board may also choose to extend the three-year period.

§ 211-27.14 Eastview Mall Mixed-Use Overlay District.

[Added 10-15-2019 by L.L. No. 12-2019]

The Zoning District Map shall be amended to depict the Eastview Mall Mixed-Use Overlay District.

Extent of the Eastview Mall Mixed-Use Overlay District. The Eastview Mall Mixed-Use Overlay District is comprised of approximately 160.9 acres and multiple contiguous parcels identified by the following tax map numbers, street addresses and acreages:

Tax Map No. 6.00-1-12.100, 100 - 1020 Eastview Mall Drive, 89.59 acres.

Tax Map No. 6.00-1-12.500, 70 Eastview Mall Drive, 14.1 acres.

Tax Map No. 6.00-1-11.000, 100 Eastview Mall Drive, 15.9 acres.

Tax Map No. 6.00-1-10.200, 300 Eastview Mall Drive, 8.4 acres.

Tax Map No. 6.00-1-12.600, 700 Eastview Mall Drive, 8.4 acres.

Tax Map No. 6.00-1-12.700, 600 Eastview Mall Drive, 10.8 acres.

Tax Map No. 6.00-1-9.000, 200 Eastview Mall Drive, 13.7 acres.

The underlying base zone is: Commercial District.

For a site within the Eastview Mall Mixed-Use Overlay District, in addition to uses listed as a permitted use or as a special permit use within the underlying base zone, the mix of uses to be made of sites within the overlay district shall include other permitted uses and special permit uses identified in a Mixed-Use Plan for the site(s), approved by a resolution of the Town Board.

§ 211-27.15 Cobblestone Court Plaza Mixed-Use Overlay District.

[Added 9-28-2020 by L.L. No. 3-2020]

The Official Zoning Map shall be amended to depict the Cobblestone Court Plaza Mixed-Use Overlay District.

Establishment and extent of the Cobblestone Court Plaza Mixed-Use Overlay District. The Cobblestone Court Plaza Mixed-Use Overlay District, comprised of approximately 34.98 acres and the two contiguous parcels identified by the following tax map numbers, street addresses, and acreages, is hereby established:

Tax Map No. 1.02-1-8.000/PLZA, 100 - 190 Cobblestone Court Drive, 12.34 acres.

Tax Map No. 1.02-1-9.100, 10 - 80 Cobblestone Court Drive, 22.64 acres.

The underlying base zone is: Commercial District.

For a site within the Cobblestone Court Plaza Mixed-Use Overlay District, in addition to uses listed as a permitted use or as a special permit use within the underlying base zone, the mix of uses to be made of sites within the overlay district shall include other permitted uses and special permit uses identified in a Mixed-Use Plan for the site(s) approved by a resolution of the Town Board. The Mixed-Use Plan submitted for the Town Board's consideration and approval shall include a rigorous analysis of the potential for conflict among uses developed at the site pursuant to either an approved Mixed-Use Plan or the underlying base zoning. The required analysis shall also include the potential for conflict between uses on other surrounding sites and uses developed at the site pursuant to either an approved Mixed-Use Plan or the underlying base zoning. The required analyses shall consider all potential conflicts with particular focus on those that could develop between industrial (or light industrial), residential, and commercial uses.

§ 211-27.16 Cannabis Retail Dispensary Overlay District.

[Added 2-13-2023 by L.L. No. 2-2023]

Purpose. The purpose of the Cannabis Retail Dispensary Overlay District is to establish a zoning district for adult-use cannabis retail dispensaries to operate in the Town in accordance with the Cannabis Law.

General guidelines.

The Cannabis Retail Dispensary Overlay District shall be established in the Commercial District, a portion of the High Point Business Park Planned Development District (Retail Phases), and a portion of the Eastview Commons Planned Development District.

The Zoning District Map shall be amended to depict the Cannabis Retail Dispensary Overlay District.

The Cannabis Retail Dispensary Overlay District is comprised of multiple parcels, or portions of parcels, by the following Tax Map numbers, street addresses and acreages:

Tax Map No. 6.04-1-80.000, Commerce Drive, 0.89 acre.

Tax Map No. 6.04-1-78.000, portion of 400-441 Commerce Drive, 37.62 acres.

Tax Map No. 6.00-1-10.200, 300 Eastview Mall Drive, 8.45 acres.

Tax Map No. 6.00-1-11.000, 100 Eastview Mall Drive, 15.86 acres.

Tax Map No. 1.02-1-8.000/PLZA, 100-190 Cobblestone Court Drive, 12.34 acres.

Tax Map No. 6.00-1-16.110, 7637 State Route 96, 5.31 acres.

Tax Map No. 6.00-1-7.131, 8055 State Route 96, 4.46 acres.

Tax Map No. 6.00-1-7.110, State Route 96, 0.83 acre.

Tax Map No. 6.04-1-79.000, 7620 State Route 96, 1.08 acres.

Tax Map No. 6.00-1-67.000, 7651 State Route 96, 1.95 acres.

Tax Map No. 6.00-1-12.700, 600 Eastview Mall Drive, 10.78 acres.

Tax Map No. 6.02-2-49.000, 300 High Street, 4.32 acres.

(m)

Tax Map No. 1.02-1-9.100, 10-80 Cobblestone Court Drive, 22.64 acres.

(n)

Tax Map No. 6.00-1-12.400, 50-52 Eastview Mall Drive, 20.16 acres

(o)

Tax Map No. 6.02-2-51.000, 7720 State Route 96, 2.99 acres.

(p)

Tax Map No. 6.00-1-12.210, 40 Eastview Mall Drive, 3.56 acres.

(q)

Tax Map No. 6.02-2-48.000, 7724 State Route 96, 1.67 acres.

(r)

Tax Map No. 6.00-1-7.210, 8045 State Route 96, 8.50 acres.

(s)

Tax Map No. 6.00-1-12.600, 700 Eastview Mall Drive, 8.45 acres.

(t)

Tax Map No. 6.00-1-66.100, 7635 State Route 96, 3.45 acres.

(u)

Tax Map No. 6.00-1-12.500, 70 Eastview Mall Drive, 14.20 acres.

(v)

Tax Map No. 6.00-1-8.000, 8025 State Route 96, 1.05 acres.

(w)

Tax Map No. 6.00-1-12.800, State Route 96, 1.86 acres.

(x)

Tax Map No. 6.00-1-7.120, 8053 State Route 96, 1.32 acres.

(y)

Tax Map No. 6.00-1-66.200, 7633 State Route 96, 4.16 acres.

(z)

Tax Map No. 6.00-1-12.310, 38 Eastview Mall Drive, 0.83 acre.

(aa)

Tax Map No. 6.00-1-9.000, 200 Eastview Mall Drive, 13.66 acres.

(bb)

Tax Map No. 6.00-1-12.100, 100-1020 Eastview Mall Drive, 93.55 acres.

(cc)

Tax Map No. 6.00-1-3.310, 7550-7560 Commons Boulevard, 7.14 acres.

(dd)

Tax Map No. 6.00-1-3.410, 7500 Commons Boulevard, 8.77 acres.

(ee)

Tax Map No. 6.00-1-3.500, Commons Boulevard, 2.26 acres.

(ff)

Tax Map No. 1.02-1-13.ooo/RETL, 240 High Street Extension, 1.38 acres

(gg)

Tax Map No. 1.02-1-13.000/COBL, 236 High Street Extension, 0.44 acre.

(hh)

Tax Map No. 1.02-1-14.000, 235-237 High Street Extension, 3.52 acres.

(ii)

Tax Map No. 1.02-1-12.100/REST, 204 High Point Drive, 1.72 acres.

(jj)

Tax Map No. 1.02-1-12.100/RETL, 202 High Point Drive, 0.67 acre.

(kk)

Tax Map No. 1.02-1-12.100/COBL, 200 High Point Drive, 0.92 acre.

(ll)

Tax Map No. 1.02-1-9.200, High Point Drive, 0.62 acre.

For a site within the Cannabis Retail Dispensary Overlay District, in addition to those uses listed as a permitted use within a planned development district or as a special permit use within the underlying Commercial District base zone, the types of uses to be made of sites within the Overlay District shall include cannabis retail dispensaries approved by a resolution of the Town Board.

Special conditions. All cannabis retail dispensaries are subject to the requirements of the Cannabis Law and with the additional special conditions:

A cannabis retail dispensary shall not open or conduct any business prior to 9:00 a.m. nor remain open or conduct any business after 9:00 p.m. Mondays through Saturdays and shall not open or conduct any business prior to 12:00 noon nor remain open or conduct any business after 6:00 p.m. on Sundays.

No portion of a cannabis retail dispensary or the real property (lot) on which it is sited shall be located closer than 1,500 feet from any other cannabis retail dispensary, such distance measured on a straight line from the nearest property line of the lot on which any other existing cannabis retail dispensary to the nearest property line of the lot to be occupied by the proposed cannabis retail dispensary.

Consistent with buffering provisions in § 211-22C(6) of this chapter, whenever a cannabis retail dispensary is located adjacent to a residential zoning district, a fully landscaped 100-foot buffer shall be provided along the full length of the adjacent residential district. 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 commercial activity from the adjacent residential district. The design and maintenance plan shall be approved by the Planning Board during its review of the site plan. Fences, walls or hedge or screen plantings may be required by the Planning Board, such as may be deemed necessary to protect the residential quality of adjacent property in any residential district.

Subject to applicable law, a cannabis retail dispensary shall provide to the Town copies of all information and documentation submitted to the State of New York in application for a license to operate under the Cannabis Law.