In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, community values, safety or other general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other applicable law, ordinance, regulation or private agreement, the most restrictive, or that imposing the higher standards, shall govern.

The Village does not enforce or maintain a record of private agreements. This zoning law is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning law impose a greater restriction than imposed by a private agreement, the provisions of this zoning law will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this zoning law, the provisions of the private agreement will control.

Applications prior to effective date. Development applications that were submitted in complete form and are pending approval before the effective date of this zoning law will be reviewed wholly under the terms of the zoning law in effect immediately before the effective date, unless a formal written request is submitted in writing by the applicant requesting review under this zoning law. The applicant's request for this zoning law to be applied, once submitted, may not be changed. All development applications submitted within a three-month grace period of the effective date may also be reviewed wholly under the terms of the zoning law in effect immediately before the effective date if requested by the applicant in writing.

Permits granted prior to effective date. Any building, development or structure for which a building permit was issued before the effective date may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning law. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this zoning law.

Continuation of violations. Any violation of the previous zoning law will continue to be a violation under this zoning law and be subject to penalties and enforcement under New York State Village Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this zoning law, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter. The adoption of this zoning law does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date of this chapter.

Continuing nonconformities. Any nonconformity under the previous zoning law will also be nonconformity under this zoning law, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

The boundaries of the zoning districts set forth herein are hereby established as shown on the Village of Churchville Zoning Map, which accompanies and is hereby adopted and incorporated into this chapter and shall be as much a part hereof as if fully set forth and described herein.

A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Village Clerk for the use and benefit of the public.

In determining the boundaries of districts shown on the map, the following rules shall apply:

The Village's residential districts are listed in Table 250-11 below. When this zoning law refers to residential districts it is referring to the following:

The residential district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

Low Density Residential (LDR) District. The purpose of the LDR District is to permit the construction of larger-lot single-family developments that do not compromise the existing pedestrian-friendly setting of the Village. Churchville's neighborhoods are typically characterized by sidewalks, streetlighting, street trees, and garages located at the side or rear portions of the lots. The intent of the LDR District is to allow for lower-density residential development while ensuring the preservation and continuation of the traditional development pattern of neighborhoods as identified in the Village's adopted Comprehensive Plan.

Traditional Village Residential (TVR) District. The purpose of the TVR District is to preserve and enhance the existing traditional residential settlement pattern of the Village. Churchville's traditional neighborhoods predominantly consist of single-family dwellings on smaller, varied lots with sidewalks, streetlighting, street trees, and garages located to the rear of the property. These neighborhood design elements create visually interesting, engaging, and walkable environments for residents. The intent of this district is to ensure that future development and investment is consistent with the traditional Village settlement pattern and the recommendations of the Village's adopted Comprehensive Plan.

Mixed Density Residential (MDR) District. The purpose of the MDR District is to provide for a greater variety of housing choice that is compatible with the Village's established residential areas. These neighborhoods may contain a mix of single- or two-family homes, townhouses, and multifamily dwellings that provide a suitable transition between existing single-family neighborhoods and the Village's activity centers. Developments within this district should reflect the traditional character and walkability of the Village and provide for a variety of housing types and densities as identified in the Village's adopted Comprehensive Plan.

Uses identified with a "P" in the table are permitted as-of-right in the zoning district, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article XVII of this chapter.

Uses not listed and those identified with a "-" are expressly prohibited.

The Village's business districts are listed in Table 250-18 below. When this zoning law refers to "business districts" it is referring to the following:

The business district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

Neighborhood Business (NB) District. The purpose of the NB District is to facilitate increased economic development opportunity in areas of the Village that are located in close proximity to established neighborhoods where limited business use access may be desirable to serve the local population. Business operations of limited scale and intensity may be permitted in addition to residential uses. New construction and/or the conversion of structures originally built for residential purposes is allowable, provided the residential character and walkability of the neighborhood are maintained.

Central Business (CB) District. The purpose of the CB District is to maintain Churchville's traditional Village center as a compact, walkable, mixed-use district with a high-quality public realm. The interface of private building frontages with public thoroughfares shapes the public realm and is a major factor in making Village streets walkable. The CB District allows for flexibility in the location, design, and use of structures and land to foster a dense concentration of activity with a high degree of amenities that creates a comfortable streetscape for visitors arriving on foot, bicycle, or by motor vehicle. Future development and investment in the CB District shall be consistent with and positively contribute to the existing pedestrian-friendly environment and traditional Village character. Critical aspects of building and site design for the CB District have been established in the Village Center Design Standards (Article XII) to ensure that the purpose of this district is achieved.

Highway Business (HB) District. The purpose of the HB District is to provide for the development of larger-scale business activity centers along major traffic arterials and expressway interchanges that are primarily highway or auto-oriented. The intent of this district is to accommodate a mix of uses that serve a greater regional area, including Village residents, travelers, and tourists. Development within the HB District should be consistent with the recommendations of the Village's adopted Comprehensive Plan and employ proper design and buffering techniques of parking facilities, bicycle racks, access points, and structures to create welcoming gateways into the Village.

Uses identified with a "P" in the table are permitted as-of-right in the zoning district, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article XVII of this chapter.

Uses not listed and those identified with a "-" are expressly prohibited.

The Village's industrial districts are listed in Table 250-25 below. When this zoning law refers to industrial districts it is referring to the following:

The industrial district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

Light Industrial (LI) District. The purpose of the LI District is to permit the operation of low-impact industrial and commercial activities within the Village in a manner that is consistent with the Village's adopted Comprehensive Plan. Development within the LI District should be campus-style in building design and layout and should facilitate internal pedestrian circulation systems that are linked to external walkways, where practicable. Unless otherwise stated in this chapter, industrial and manufacturing uses permitted within the LI District shall operate within a fully enclosed structure, with limited external operations or storage visible from the public right-of-way or adjacent residential properties.

General Industrial (GI) District. The purpose of the GI District is to permit the operation of commercial, industrial, manufacturing, and distribution activities in a manner that is consistent with the Village's adopted Comprehensive Plan. Larger industrial uses may be considered in this district due to the proximity of major thoroughfares and railway systems. All uses allowable within this district shall employ techniques to minimize negative impacts on adjacent nonindustrial districts (including, but not limited to, traffic, parking, glare, noise, dust, odor, etc.), especially established residential districts and environmentally sensitive areas.

Uses identified with a "P" in the table are permitted as-of-right in the zoning district, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article XVII of this chapter.

Uses not listed and those identified with a "-" are expressly prohibited.

The Village's special purpose districts are listed in Table 250-32 below. When this zoning law refers to special purpose districts it is referring to one of the following:

The special purpose district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

Purpose. The purpose of the RE District is to provide for the preservation and enhancement of the Village's open spaces, recreation areas, and education facilities. The intent of this district is to protect natural amenities and prevent development that would negatively impact environmentally sensitive areas, while also providing for public parks, playgrounds, athletic fields, and educational institutions in conformance with the Village's adopted Comprehensive Plan. The RE District may apply to uses including, but not limited to, private and publicly owned or accessible parks, squares, recreational areas, natural wildlife areas, creeks or streams, and schools.

District uses. Uses are allowed in the RE District in accordance with Table 250-33(B).

Lot and building requirements. The lot and building requirements listed in Table 250-33(C) shall apply to the RE District.

Purpose. The purpose of the Floodplain Overlay (FO) District is to provide special controls over land development located in sensitive environmental areas characterized by wetlands, floodplains, and watercourses. Certain areas of the Village are subject to periodic flooding that can result in loss of life, property damage, health and safety hazards, disruption of commercial and governmental services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the residents of this Village. These flood losses are caused by the cumulative effect of obstructions in the floodplain causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses that are inadequately elevated, floodproofed or otherwise protected from flood damage. It is the purpose of the FO District to prevent public and private losses due to flood conditions in certain areas by provisions designed to:

Official maps.

Interpretation of district boundaries; applicability of regulations.

Permit application procedures.

Establishment of FO Zones.

Permit process.

Areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Village of Churchville, Monroe County, New York," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, is hereby adopted and declared to be part of this section. The Flood Insurance Study and maps and amendments, and revisions thereto, are on file at the Monroe County Planning Offices.

Permit conditions. When reviewing an application for an FO District development permit for a regulated action in any zone, the CEO shall consider all technical information available, all relevant factors and standards specified in the section, and shall determine that:

Development standards. No FO District permit shall be granted for a regulated activity within any floodway or floodplain zone unless the applicant submits a plan certified by a registered professional engineer and shows evidence of the following:

Considerations. When taking action on an application for an FO District development permit for a regulated action in any Floodplain Overlay District zone, the CEO shall consider all technical information available, all relevant factors and standards specified in this section, as well as the following:

Additional standards for approval. The CEO may require that the applicant adequately demonstrate that one or more of the following conditions be met before granting a permit for land use within any of the zones:

Encroachments.

Administration. In addition to the other duties and responsibilities specified in this chapter, the CEO is authorized to administer the following provisions of this chapter. The CEO shall:

Restrictions. Where this section imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this section shall control. Where there are restrictions by any law, ordinance, regulation or private agreement greater than those imposed by this section, such greater restrictions shall control. All uses presently permitted in the zoning districts within the Village of Churchville that also fall within the FO District zones shall continue to be permitted uses for these districts, except where otherwise restricted by this section.

Appeals. Appeals for variances to the requirements of this section shall be based upon Section 80.6 (formerly Section 1910.6) of the National Flood Insurance Program Regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Degree of protection. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by person-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Churchville, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Purpose. The purpose of a PRD District is to encourage innovations in residential development for desirable future neighborhoods and to guide said development in ways that support the community's vision and goals as stated in the Village's Comprehensive Plan.

Intent. It is the intent of a PRD District to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale residential neighborhoods or portions thereof may be developed within the Village that incorporate a variety of residential types, and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is intended to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings, and by the conservation and more efficient use of land in such developments.

Objectives. PRD Districts should strive to achieve the following objectives:

Flexibility of regulations. This article recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of pre-regulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the PRD concept. Further, this article recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PRD techniques are deemed appropriate through the rezoning of land to a PRD District by the Village Board, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.

Location. A PRD District shall be applicable to any area in the Village of Churchville where the applicant can demonstrate that the characteristics of his holdings will meet the requirements and objectives of this article.

Minimum area. A PRD District shall contain an area of not less than four contiguous acres. No land shall be designated for a PRD District if it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with the purpose and objectives of this article. Where the applicant can demonstrate that the characteristics of their holdings will meet the purpose and objectives of this article and the Village's Comprehensive Plan, the Zoning Board of Appeals and Planning and Village Board may consider projects with less acreage.

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

Residential uses.

Nonresidential uses.

Unacceptable uses. The following uses are considered to be undesirable and therefore unacceptable to be located within a PRD District. The inclusion of such uses shall require Village Board approval as part of the PRD application process.

Intensity of use. Because land is used more efficiently in a PRD, improved environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Village Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions, and judgments justifying the selection of the rating or density.

Common property. "Common property" in a PRD is a parcel or parcels of land, together with the improvements thereon, which are shared by the owners and occupants for public use or enjoyment. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open space areas.

Open space.

Intent. The following items are intended to be general guidelines for the developer to follow when planning his development layout and design. Although they represent a pattern of customary requirements and restrictions, they are meant to be applied to a specific proposal open-mindedly and objectively. Specific circumstances may warrant slight changes in application if the developer can suggest alternatives which, in the opinion of the Village Board and Zoning Board of Appeals and Planning, are more in keeping with the objectives of this article.

Lot size.

Setbacks.

Lot coverage. The cumulative area of building footprints and impervious surfaces generally shall not cover more than 35% of the lot area.

Building height. No structure shall exceed 35 feet or three stories in height.

General building requirements.

Residential structures.

Nonresidential structures. The design of all nonresidential buildings shall conform to the requirements of Article 11, unless otherwise approved by the Zoning Board of Appeals and Planning and Village Board.

Off-street parking and loading. All off-street parking and loading areas shall conform to the standards of Article IX of this chapter, unless otherwise approved by the Village Board. In no case shall parking areas be permitted in the front setback, with the exception of an approved driveway for single- or two-family dwellings.

Landscaping and screening. All landscaping and screening shall conform to the standards of Article X of this chapter, unless otherwise approved by the Village Board.

Natural features and wetlands.

Site connectivity and access.

Applications for the establishment of a PRD shall be processed in accordance with Article XVI of this chapter.

For the purposes of this article, a PRD application shall include all elements of a site plan application as noted in Article XVIII of this chapter.

All PRD applications shall be subject to initial review and recommendation by the Zoning Board of Appeals and Planning. Upon recommendation by the Zoning Board of Appeals and Planning, the PRD District application shall be referred to the Village Board for review and final action.

Sketch plan conference. It is highly recommended that applicants consider a sketch plan conference in accordance with § 250-185 of this chapter prior to submitting a formal PRD application. PRD sketch plans should at a minimum include:

Zoning Board of Appeals and Planning review.

Village Board review.

The review of a PRD application under the provisions of this article shall suffice for Zoning Board of Appeals and Planning review of site plans under Article XVIII of this chapter, subject to the following conditions:

Zoning Board of Appeals and Planning recommendation for approval of a PRD application shall constitute conditional site plan approval of the same, subject to the granting of the PRD zoning amendment by the Village Board.

Site plan review under the provisions of this section shall also suffice for Zoning Board of Appeals and Planning review of subdivisions under Chapter 205, Subdivision of Land, of the Village Code, subject to the following conditions:

Within five days of approval, the Village Clerk shall file the rezoning with the Secretary of State.

Within 30 days of a decision by the Village Board, a report of the final action shall be filed with the Monroe County Planning Department.

All site plans and subdivision plats shall be so referred and filed as noted in Article XVIII of this chapter and Chapter 205, Subdivision of Land, of the Village Code.

No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, moved, altered or placed unless in conformity with the regulations for the district in which it is located.

No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of the lot area; or to have narrower or smaller front, side and rear yards, other than as specified herein for the district in which such building or use is located.

Structures such as elevator and stair bulkheads, roof water tanks, cooling towers and penthouses or other enclosed structures for mechanical equipment may exceed the maximum building height otherwise permitted in the district, provided that they occupy, in the aggregate, no more than 20% of the roof area; are not in excess of 15 feet in height above the roof upon which they are located; and are set back a minimum of 15 feet from any exterior wall.

Flagpoles; radio and television antennas, masts or aerials; or communication dishes, horns, parabolic reflectors or other similar devices may exceed the maximum building height otherwise permitted in the district, provided that they extend not more than 25 feet above the roof upon which they are located; occupy, in the aggregate, no more than 10% of the roof area; and are so located that if they were to fall, they would fall entirely within property lines. The foregoing provisions of this subsection shall not apply to telecommunications facilities, structures or devices regulated pursuant to § 250-73 of this chapter, which shall be governed by that section.

A spire, steeple, belfry, dome, chimney, tower, turret, weather vane or lightning rod, or other similar structure, or combination thereof, may exceed the maximum building height otherwise permitted in the district, provided that the Zoning Board of Appeals and Planning finds that such structure, item or feature, or combination thereof, would enhance the aesthetics and architecture of the building and would be compatible with the architecture of adjacent or nearby structures, and provided further that no such structure, item or feature, or combination thereof, shall occupy, in the aggregate, in excess of 20% of the roof area; have any sign bearing lettering or commercial advertisement of any kind; except for a spire, steeple or similar structure on a place of worship, exceed the height limit by more than 15 feet; or have a width, when viewed from any horizontal perspective, that is more than 30% of the width of the facade of the building to which it is closest.

If the Zoning Board of Appeals and Planning finds that a parapet wall, pitched roof, cornice, or similar architectural feature would enhance the aesthetics and architecture of the building, it may permit such feature to be erected to a height not in excess of six feet in height above the roof upon which such feature is located.

All fences within the Village of Churchville shall be subject to the regulations of Chapter 105, Fences, of the Village Code.

No new or extensions or additions to preexisting fences, walls, shrubs, trees, hedges or other installations of a similar nature shall be built, planted, installed at or nearer to existing or subsequently constructed public sidewalks than four feet from the nearest edge of said sidewalk, wherever said sidewalk presently or in the future abuts property within the corporation limits of the Village of Churchville.

Purpose. The purpose of this article is to provide for the review and approval of certain uses that are generally considered to be uses with a higher potential for incompatibility with adjacent uses. The individual review of certain uses is intended to determine the appropriateness of a use in its proposed location and any requirements necessary to ensure compatibility with adjacent uses. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.

Intent. The application of these regulations in connection with the review of a special use permit is intended to prohibit any use which, by reason of its nature or manner of operation, is or may become hazardous, obnoxious, or offensive owing to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried waste.

The requirements of this article are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables in Articles II, III, IV and V of this chapter.

Specially permitted uses (SP) must obtain a special use permit and site plan review approval as provided for in Articles XVII and XVIII of this chapter.

Uses permitted by right (P) shall not require the issuance of a special use permit, but must obtain site plan review approval where required and meet all applicable requirements set forth in this chapter.

Unless otherwise noted in this article, all uses must be in conformance with the development standards of the Village established in Articles IX, X, XI, XII and XIII (off- street parking and loading, landscaping, design, and signage).

Purpose. The purpose of regulating accessory dwelling units is to:

General requirements.

Owner-occupancy requirements.

General standards. Accessory uses and structures shall:

Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter:

Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter:

Such a use may not be established or maintained within 500 feet of:

Such a use may not be established or maintained within 100 feet of any other such use.

Only one such use may be established or maintained on any lot or in any building or structure.

For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use.

All such uses shall be conducted in an enclosed building, and in such manner that, regardless of location or distance, no one who is passing by or who is at any point outside of the enclosed building occupied by such a use shall be able to observe or perceive any performance, conduct, image, printed matter, visual representation, instrument, device or paraphernalia displaying, depicting or otherwise presenting any specified anatomical area or specified sexual activity regulated hereunder, including but not limited to any sign or advertisement, or any window or other opening permitting the view of the interior of the premises from the exterior of the premises.

Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined by the Zoning Board of Appeals and Planning in site plan review.

All buildings, structures, and accessory use areas, except off-street parking areas, shall be located at least 50 feet from any property line that abuts a residential use or structure.

A B&B shall only be permitted in an owner-occupied single-family, detached dwelling of at least 1,800 square feet. A B&B shall not be permitted in a nonconforming single-family dwelling.

No more than one nonresident of the premises may be an employee of the operation.

There shall be no more than eight adult guests at any one time.

The maximum stay of guests shall be no more than 14 consecutive days.

Parking areas may not be located in the front yard. Such parking shall be screened from adjacent properties and the public right-of-way to the satisfaction of the Zoning Board of Appeals and Planning.

There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such B&B.

The site area traveled by vehicles shall be hard-surfaced with pervious or impervious paving material that does not release dust or debris.

Landscaping and screening shall be provided as determined in site plan review. In no case shall the perimeter landscaping be less than 10 feet in width along street frontages or where adjacent to a residential district or use.

Lanes or parking areas for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway.

No area of the car wash shall be used for the sale, rent, or display of automobiles, trailers, mobile homes, boats or other vehicles.

No day-care shall be permitted without completion of the proper license and/or registration requirements, where required by New York State or Monroe County law.

In a nonresidential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall maintain a setback of at least 15 feet from all property lines.

In a residential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., are prohibited in the front yard. Such uses shall maintain a setback of at least 30 feet from side or rear property lines.

Outdoor floodlighting or public-address systems are prohibited.

Licensed day-care facilities may be conducted as a home occupation, provided the conditions of this section and § 250-70 are met.

Drive-throughs may be permitted when associated with a primary use operating within an enclosed structure and located on the same premises.

Drive-throughs shall be located in such a way as to minimize the impact on pedestrian circulation routes and on adjoining residential districts or uses to the greatest extent practicable.

Drive-throughs shall be designed in such a way as to be visually unobtrusive and shall be lighted in such a way as to minimize the impact on adjoining properties.

Drive-throughs shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public right-of-way to the principal building.

When adjacent to residential districts or uses, drive-throughs, including both the facility and queuing lanes, shall be screened from the adjacent residential properties.

No part of any building and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district.

No gasoline or oil pump, oiling or greasing mechanism, or other service appliance shall be installed in connection with any gasoline service station within 15 feet of any street line unless contained within a completely enclosed building.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

Premises shall not be used for the sale, rent, or display of automobiles, trailers, mobile homes, boats or other vehicles. Vehicle sales and/or service uses in conjunction with a gasoline service station shall be considered as separate uses and reviewed accordingly.

Permitted home occupations include, but shall not be limited to, a lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.

Prohibited home occupations include those that would generate adverse impacts to or be incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, ambulance services, animal care services, and vehicle sales or repair.

The home occupation shall be owned and operated by a full-time resident of the dwelling and shall operate wholly within an enclosed structure. A home occupation may not be conducted in any accessory structure.

Employees of the home occupation shall be limited to residents of the premises.

A home occupation must be clearly incidental and secondary to the use of the dwelling and shall be permitted to occupy no more than 30% of the residence.

The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located.

There shall be no exterior display or storage of materials, goods, supplies, or equipment related to the operation of the home occupation.

No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.

On-site retail sales shall be prohibited.

Deliveries on residential streets shall be permitted by two-axle vehicles only.

Off-street parking and signage is permitted in accordance with Articles IX and XIII of this chapter.

Such areas shall not exceed 10% of the gross floor area of the primary structure.

Such areas shall not block automotive traffic, sidewalks, fire lanes, or other travel lanes. Outdoor sales and display areas may be permitted along sidewalks within the CB District with Zoning Board of Appeals and Planning approval.

Such areas shall be allowed adjacent to a principal building wall and extending to a distance no greater than 10 feet from the wall.

Such areas shall not be permitted to block windows, entrances, or exits and shall not otherwise impair the use of the building.

Such areas shall be used for the sale of merchandise and not for storage purposes.

Such areas are not permitted in residential districts.

Such areas shall not occupy more than 15% of the lot if located within a business district.

Such areas shall be fully screened to ensure the area is not visible from the public right-of-way and adjacent residential uses or districts.

Such areas shall not be allowed in the front yard setback.

The storage of contractor material and equipment must maintain a setback of at least 200 feet from any adjacent residential use or district.

Legislative intent. The Village of Churchville recognizes the increased demand for wireless communications-transmitting facilities and the public and private demand for the services that they provide. Often, these facilities require the construction and maintenance of communication facilities, towers and accessory support structures. The bulk and visual impact of such installations create aesthetic problems, making it appropriate to have some special conditions as to the size and placement thereof. The intent of this section is to protect the Village of Churchville's interest in maintaining its small-village residential character by properly siting towers and related facilities in a manner consistent with sound land use planning while also allowing wireless providers to competitively meet their technological and service objectives.

Special use permit required.

Exemptions. The following are exempt from the application of this section:

Application requirements. In addition to the requirements of special use permit and site plan applications, applications for telecommunications facilities shall include:

District location preferences.

Government services. An applicant shall make adequate provisions to permit the shared use of telecommunications facilities for the collocation of antennas and other communication devices and equipment by the Village of Churchville or any other municipal, law enforcement and/or emergency services agency. These municipal and/or emergency entities shall have use of a telecommunications tower without charge, provided that the devices and equipment which are collocated do not interfere with the use and operation of an applicant's then-existing devices and equipment and do not result in the design load capability of the tower being exceeded.

Collocation.

Height. The maximum height for telecommunications towers permitted under this section, whether freestanding or erected on or attached to an existing structure (such as a water tower or silo), and including any antennas, extensions or other devices extending above the structure of the tower measured from the ground surface immediately surrounding the location of the tower or the structure on which it is located, shall not exceed 150 feet.

Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Zoning Board of Appeals and Planning to substantially contain on-site icefall or debris from tower failure and/or to preserve privacy of adjoining residential or public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet unless sufficient engineering detail shall be provided to warrant a lesser setback.

Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, the Zoning Board of Appeals and Planning may impose reasonable conditions on the applicant, including the following:

Existing vegetation. Existing on-site trees and vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications facility from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all telecommunications facilities, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities or structures. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access and safety.

Fencing. All telecommunications facilities, including any guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism as approved by the Zoning Board of Appeals and Planning.

Structural safety. Any tower shall be designed, erected and maintained in such manner that it meets or exceeds all applicable federal, state and industry structural design and safety standards and requirements, including but not limited to any such standards and requirements as relate to loads, windshear and ice. Any icefall or debris from tower failure shall be contained on the site. At intervals of not more than once in any three-year period, the Zoning Board of Appeals and Planning may make a written request to the applicant that it provide a structural analysis and certification from a qualified licensed engineer certifying that the tower, as constructed and maintained, complies with the foregoing requirements or, in the event that it does not comply, specifying the repairs or maintenance recommended in order to result in compliance. If any repairs or maintenance is recommended, then such analysis and report shall be accompanied by a letter from the tower owner or operator setting forth a reasonable schedule for the performance of such repairs or maintenance. Upon completion of such repairs or maintenance, certification shall be submitted from a qualified licensed engineer certifying that such repairs or maintenance have been satisfactorily performed and that the tower is in compliance with the foregoing requirements.

Radiofrequency effects. Radio emissions from any telecommunications facility shall conform to applicable Federal Communications Commission (FCC) regulations on emissions, and telecommunications facilities shall be operated only at FCC-designated frequencies and power levels.

Insurance. Prior to the issuance of any building permit, and on a yearly basis thereafter, the owner or operator shall submit evidence that liability and property damage insurance is in effect covering any injury or damage which may result from tower failure or any other condition or hazard relating to the construction or maintenance of the tower.

Lease agreements. In the event that an applicant intends to site any telecommunications facility pursuant to a lease or occupancy or use agreement of any type, a copy of such lease or agreement shall be submitted with the special use permit application. Copies of any modification, renewal, extension or termination of such lease or agreement shall be submitted within 30 days of execution.

Maintenance. The applicant shall submit, as part of its application, a detailed cost analysis and estimate of annual costs associated with the maintenance of any proposed telecommunications facility, access road or driveway and all other improvements as depicted upon the site plan. Such estimates shall be reviewed by the Village Engineer, and upon establishment of the annual costs of such maintenance, the applicant shall post a letter of credit or other financial security acceptable to the Zoning Board of Appeals and Planning so as to assure the performance of such annual maintenance services.

Removal.

Security required. Failure of the applicant to continuously maintain in full force and effect required letters of credit or other financial security shall automatically terminate all permits or approvals granted with respect to such site or sites and shall constitute a violation of the provisions of this section.

The sales area shall be suitably graded and drained, and maintained in a neat and orderly manner. The use of pervious paving materials is encouraged.

The number of vehicles that may be for sale on the premises must be specified on the special use permit. An increase in the number of vehicles to be sold shall require a new permit.

Sufficient screening shall be provided along all lot lines abutting or adjacent to a residential use or district to block any view of operations from such residential property when viewed from ground level.

No repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.

No vehicles shall be displayed for sale within 10 feet of any property line that abuts a residential district or use.

Perimeter landscaping shall be provided at a minimum width of 10 feet along street frontages.

A gasoline service station or vehicle service shop on site shall require compliance with the associated regulations of this article and be so noted on the special use permit.

No repair work may be performed outside of an enclosed structure, unless such activity is performed in a paved rear yard and fully screened from adjacent residential properties and public view.

No vehicle parts or supplies or dismantled or disabled vehicles may be stored outside a building, unless such storage is located in a paved rear yard and fully screened from adjacent residential properties and public view.

No part of any building used as a vehicle service or repair shop and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district or use.

Storage areas for vehicles shall be provided on site and shall not occur on a public street or highway. Not more than five vehicles shall be stored outdoors overnight.