To exceed the height;

To occupy a greater percentage of lot area; or

To have narrower or smaller rear yards, front yards and side yards than are specified herein for the district in which such building is located.

The appearance of a new dwelling shall be compatible and similar to other buildings in the immediate neighborhood. While creativity and variation in architectural design is encouraged, the purpose of these requirements is to ensure compatibility of infill development with the character of nearby existing residential structures. These residential compatibility standards shall apply only to development of a new residential use (including attached garages, but not including detached garages).

Residential infill development shall meet the design criteria of Subsection E(3) through (8) below, as defined by the predominant character of the existing residential block face. The block face shall consist of all residential properties along both sides of the public or private right-of-way on which the development fronts. The block face shall be measured from intersection to intersection, to the road end, or 200 feet on both sides of the street and in either direction from the development site, whichever is nearest.

At least three of the following features in Subsection E(3)(a) through (f) must be substantially similar to the majority of the other buildings along the block face:

Building color.

Building orientation on infill lots shall match the predominant orientation of other buildings along the block face.

Unless it is the predominant existing style on the block face, flat, unadorned roofs shall not be allowed.

Horizontal facades longer than 30 feet shall be treated to reduce building mass and visual bulk using at least one of the following techniques. The applicant shall demonstrate that the selected techniques are either currently present on the block face or are not substantially incompatible with existing development.

Building height restriction. Building heights for new infill development shall not exceed five feet above the height of the existing abutting dwelling(s) located on directly abutting parcels to the new infill development, unless measures are provided to mitigate the impact of the proposed dwelling(s). Acceptable mitigation measures may utilize a combination of the following features in order to preserve and protect the livability of directly abutting properties if demonstrated to address negative impacts.

Cannabis-related land uses; including, but not limited to: i) agricultural (growing, harvesting); ii) Industrial (hemp processing, oil extraction, product manufacturing); iii) commercial (vape shops, retail CBD stores, hemp product stores, hookah bars), shall be permitted wherever similar non-cannabis-related occupancies are allowed, subject to the restrictions provided herein. Exception: Cannabis-related uses shall not be permitted as home occupations or no-impact, home-based businesses under any circumstances.

Cannabis-related land uses shall be restricted as follows:

All agricultural land uses, buildings and activities, provided that no storage of manure or any other odor or dust-producing substance be permitted within 150 feet of any property line.

Nurseries and greenhouses.

Single-family dwelling, including manufactured homes in accordance with Appendix C[1] of this chapter.

Professional offices.

Churches and parish houses and convents.

Public parks and public playgrounds.

Governmental buildings and uses, including police and fire stations and schools.

Signs, advertising subject to the restrictions hereinafter provided.

Home occupations, professions and trades.

Private garages and parking areas.

Signs.

Off-street parking and loading.

Roadside stands for the sale of products produced on the premises.

Accessory farm buildings.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

Hospitals and sanatoria.

Nursing or convalescent homes.

Fairgrounds and circus grounds.

Signs, advertising.

Cemeteries.

Planned development groups.

Public utility structures.

Private fraternities, societies and clubs.

Boardinghouse and/or rooming house.

Minimum front yards: 50 feet, except those existing side of streets where there are a majority of the principal structures fronting on the same street are closer. The minimum front yard depth shall be equal to the average of the setbacks of the majority of the principal structures on the same block. In the case of a corner lot, there shall be provided on each street a yard setback equal to the depth for the required front yard for that street.

Rear: 40 feet.

Side: 30 feet total of two, neither one of which shall be less than 10 feet.

Single-family dwellings, including manufactured homes in accordance with Appendix C[1] of this chapter.

Two-family dwellings, including modular homes in accordance with Appendix C of this chapter.

Professional offices.

Churches, parish houses and convents.

Public parks and public playgrounds.

Public schools and private schools.

Governmental buildings and uses and public libraries.

Funeral homes and mortuaries.

Home occupations, professions and trades.

Private garages and parking areas.

Signs.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

Cemeteries.

Private fraternities, societies and clubs.

Hospitals.

Boardinghouse and rooming house.

Planned development groups.

Minimum front yards: 25 feet, except those existing side of streets where there are a majority of the principal structures fronting on the same street are closer. The minimum front yard depth shall be equal to the average of the setbacks of the majority of the principal structures on the same block. In the case of a corner lot, there shall be provided on each street a yard setback equal to the depth for the required front yard for that street.

Rear: 20 feet.

Side: 10 feet each.

A Planned Development District containing a mixture of only civic and/or residential uses shall be at least seven acres in size.

A Planned Development District containing a mixture of industrial, commercial, civic and residential uses shall be at least 15 acres in size.

Application. Application for the establishment of a Planned Development District shall be filed with the Village Clerk, on forms prescribed by the Code Enforcement Officer.

Referral to Planning Board. Within 30 days of the filing of the application of a Planned Development District with the Village Clerk, the Village Board of Trustees shall refer the application to the Village Planning Board for a report. Only after receipt of such report may the Village Board of Trustees consider the application for a Planned Development District. In the event that the Village Planning Board does not act within 30 days after such referral and any extensions thereof, granted by the Village Board for good cause shown, the Village Board may consider the application in the absence of the Village Planning Board's report. The Village Planning Board shall appropriate opinions from all governmental departments that may be involved and shall not render a decision until receipt of their written recommendations. Any receipt of their written opinion that is not received within 30 days of the request therefor, or any extension within which to submit such written opinion, then the Village Planning Board shall consider the agency failing to submit a written opinion as having no opinion upon the subject matter requested. All actions requiring review by the Wayne County Planning Board shall be referred to the Wayne County Planning Board under §§ 190-75 and 190-76 of this chapter.

Requirements of the Planning Board. The Village Planning Board may require the applicant to furnish such preliminary drawings and specifications as may be required for an understanding of the proposed development, and shall review the proposed site plans in accordance with § 190-34 of this chapter (Uses requiring site plan review).

Approval of the Planning Board. Within 30 days of the referral or any extension thereof, the Village Planning Board shall approve, approve with modifications, or disapprove such application and shall report its decision to the Village Board of Trustees.[1]

Action by the Village Board. Upon receipt of a report from the Planning Board, or in not less than 60 days, or any extension or extensions thereof, after referral of the request for the establishment of a Planned Development District to the Planning Board, in the event the Planning Board fails to act, the Village Board may arrange for a public hearing as required by the Village Law for a change in the Zoning Map, and the Village Board, after public hearing, may amend the Zoning Map so as to provide for the Planned Development District.

Effect of Village Board approval of a Planned Development District. The effect of granting permission for the establishment of a Planned Development District by the Village Board shall be limited to the specific proposal presented for approval within the area designated, and according to the plans and specifications submitted. If, after the passage of one year from the date of approval of a Planned Development District, construction has not started, the approval given under the terms of this section shall be revoked and the land returned to the classification which it held prior to any action consummated pursuant to the provisions of this section.

An area of at least 15 acres; or which, if less than 15 acres, is of sufficient acreage to constitute a large planning unit having special attributes for integrated development.

An appropriate development of the area, in view of its natural features, location and suitability for particular uses.

A combination of structures and uses which are in reasonable association and proportion to make a harmonious unit and likely to continue to be compatible with one another.

A project adequately serviced by the necessary public utilities and services, existing or proposed.

A project consistent with an appropriate development of adjacent areas and which is not reasonably detrimental to existing structures and uses in adjacent areas.

An appropriate evolution of the Master Plan for the Village of Clyde.

Maximum residential density. For residential uses the maximum density shall not be greater than 10 dwelling units per acre.

Arrangement of buildings. Adequate provision shall be made for light, air, access and privacy in the arrangement of buildings to each other. Walls containing main window exposures or main entrances shall be oriented as to insure adequate light and air exposures. Each dwelling unit shall have a minimum of two exterior exposures. No exterior wall shall exceed 100 feet in length unless there is a lateral of at least 10 feet in its alignment.

Stairways and fire escapes. All stairways to the second or higher floor shall be located inside the building. External stairways and fire escapes shall not be located in the front of the building.

Stores and shops for the conduct of any retail business.

Professional offices.

Public parks.

Banks, offices, theaters, restaurants and similar community services.

Funeral homes and mortuaries.

Signs.

Parking garages and parking areas.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

Hotels and motels.

Automobile services and filling stations.

Railway or bus passenger stations.

Assembly hall, billiard parlor and bowling alley.

Stores and shops for the conduct of any wholesale business.

Used car sales lot.

Planned commercial development groups.

Manufactured home parks in accordance with Appendix C[1] of this chapter.

To build a cohesive, similar theme to evoke the Old Erie Canal and promote the historic integrity of the Village’s Commercial District.

To guide the rehabilitation and construction of the Commercial District in a manner which allows for the individuality of business owners, yet promote a consistent positive image of the overall streetscape, including but not limited to buildings, signs, awnings, landscaping and street furniture.

To encourage restoration or renovation effects which will return portions or features of building to its original design in a practical and business friendly manner.

Glasgow Street (both sides) from the south end of Glasgow Street to the municipal parking lot entrance on the east side and from the south end of Glasgow Street to and including 128 Glasgow Street on the west side of Glasgow Street.

Columbia Street (both sides) from Glasgow Street to Sodus Street.

Sodus Street east side from Columbia Street to South Park Street.

South Park Street south side from Sodus Street to Glasgow Street.

Ford Street (both sides) from Glasgow Street to Galen Street.[2]

North Park Street corner of North Park and Glasgow Streets.

All structures shall have a store front or professional office on the first floor. Upper floors shall be permitted to be used for businesses and/or dwelling units.

Dwelling units shall be permitted to have one, two, three, or four bedrooms.

For new construction and conversions, not more than a total of four bedrooms or sleeping areas shall be permitted within any building. Preexisting dwelling units shall conform to the Property Maintenance Code of New York State.

The maximum occupancy of dwelling units shall otherwise conform to the Property Maintenance Code of New York State.

Storefronts as principal permitted uses are limited to stores and shops for the conduct of any retail business, banks, offices, theaters, restaurants and similar community services.

Storefronts must be maintained in their original style and/or restored to their earlier style.

Any exterior color or color scheme shall be consistent with the theme of "Clyde on the Erie" with a commercial area consistent with the early 1900s and shall be approved by the Planning Board.

Any floors deemed unsuitable for occupancy shall have closed shutters to cover the windows.

Windows shall be maintained consistent with the above theme and no signs, designs, photos, light source, sound speakers or any other object shall be allowed to be placed in nor protrude from any windows except as specified in § 190-54E(1).

Personal property shall not be allowed to be sold either upon the sidewalks or upon any street. Sidewalk business use is covered under § 157-2.

Signs.

Parking areas.

Other accessory uses and structures customarily appurtenant to a principal permitted use.

Hotels and motels.

Automobile service and filling stations.

Railway or bus passenger station.

Assembly halls, billiard parlors and bowling alleys.

Stores and shops for the conduct of any wholesale business.[3]

Car lots new and used.

Planned commercial development groups.

Nonconforming corporate colors.

Each building has been divided into two horizontal zones. The first and most important zone is the pedestrian streetscape within the first 10 feet of vertical height. This zone should be strictly monitored. The second zone includes everything above the first 10 feet of height. This zone may be addressed under a different and more lenient time frame.

All effects shall be made to maintain or restore the historic character of a building. Existing materials shall be retained wherever possible by repairing or matching them with compatible new materials. Missing architecture elements shall be recreated wherever feasible.

New buildings constructed in the historic district shall conform to the intent and spirit of the Commercial District; i.e.: "Clyde on the Erie." This includes, but is not limited to, gas stations, laundromats, fast-food stores, convenience stores, video stores, and similar occupancies. Applicants shall demonstrate conformance with these guidelines to the Planning Board before approval is given for construction or reconstruction. New structures shall evoke, through style, color, materials and texture, the theme.

Parking:

The primary facade shall not be covered or screened with materials, which obscure any of the building’s original materials and details.

Different architecturally styled buildings shall be renovated such that each conforms to its own unique architectural style. For example, different architecturally styled buildings should not be painted the same color in order to make them appear homogenous.

It is recommended to restore any features of a facade or roof where feasible. Removal of stucco parging, and asphalt shingle siding where encountered, is recommended; remove paint chemically without sandblasting.

Reveal original brick whenever possible. Where brick is considered for use, use molded brick to resemble existing adjacent brick units. Never sandblast brick since it removes the water-resistant glaze.

Do not use contemporary, manufactured wrought iron (open design) porch columns or plain four inches by four inches treated porch columns, as they are not in keeping with the historical context. Use fiberglass or wood Doric, Ionic or Corinthian columns as appropriate for the historic building style.

Do not apply Texture 1-11 plywood, aluminum, plastic, applied flagstones, sheet metal, vinyl, or other inappropriate material to a historic building.

Do not cover or destroy original architectural features, including but not limited to metal columns and storefronts, cornices, brick dentils, original transom window openings, brick, etc.

Encourage the display of historic, period artifacts to help inculcate a sense of theme and place.

Use approved Commercial District colors, such as the primary colors of blue, green, mauve, and beige, which evoke the "Clyde on the Erie" theme. Secondary historic colors, such as white, light brown, gray, red and black may be used. Nonconforming corporate colors painted on buildings, pumps and pavilions will not be allowed. An application for a special permit may be submitted for consideration. Refer to Appendix A and its attached brochure, which represents the approved colors for the Commercial District.[4]

Color schemes on block buildings shall be consistent across the entire front facade.

Do not leave wood unpainted, especially pressure-treated lumber.

Each building should be appreciated for its own style; do not paint or construct exterior finishes of differently architecturally styled buildings the same color in order to make them appear the same.

Wherever feasible, windows and doors shall be maintained in their original size, shape, configuration and material.

Replacement windows may be clad wood windows that contain thermopane glass conforming to the NYS Energy Code. The use of applied glass dividers provided by most manufacturers is encouraged to resemble smaller panes where appropriate.

Use gray, clear glass for all windows; tinted glass is not allowed.

Do not use exterior mounted storm windows; use interior type storm windows when remodeling.

Shutters of wood or other materials will be allowed if they are aesthetically pleasing. All shutters shall have the appearance of wood-like material.

Any floors deemed unsuitable for occupancy shall have closed shutters to cover the windows; do not paint over second and third story windows. Either restore windows or provide closed wood shutters; shutters should be operable.

Avoid ranch-type, modern style exterior doors and screen doors. Paneled hollow metal insulated doors may be used; install paneled exterior wood doors with half-light glass in keeping with the original doors.

It is recommended to provide a rear customer entrance to any commercial establishment whenever feasible.

In-filling a window and door opening may be considered so long as in-fill material matches the exterior wall material in type, color and size.

Awning colors shall conform to the Commercial District primary colors of blue, green, mauve and beige. Refer to the attached Appendix A Color Brochure, which represents the approved colors for the Commercial District.[5]

Any awnings on the secondary facade shall match in color and shape to any awning installed on the primary facade.

When feasible, awnings may have the building’s name and/or address on them.

The use of shed type awnings is encouraged to unify the pedestrian streetscape where modern buildings abut older buildings. All awnings should project out from the building the same dimension as the next building. In no case shall the awning project out more than eight feet from the building. Awnings shall be canvas, or resemble canvas, not plastic.

The fabric and shape of the awning shall be historically consistent with the building type and style. Barrel type awnings should be avoided.

Colors of signs shall be historically appropriate to the building’s type and style. It should also compliment the facade color of the building.

Signs should not normally contain more than three different colors.

Avoid plastic, backlighted store signs. Use carved solid wood signs or painted signs suspended from or flush mounted on the building. Light from above onto the sign is recommended. Lettering styles should be in keeping with historic lettering types, such as Times Roman lettering, shadowed, raised or painted; no plastic letters.

Signs on awning valances are encouraged.

Lettering should be compatible with the style of the building.

Messages should be brief and as simple as possible.

Signs shall be made of historically appropriate material.

Signs shall not be internally illuminated. Any illumination used shall be external and directed downward toward the sign.

Neon window signs shall not be permitted except in Modern Broad Front, Art Deco and any post 1950s where they shall be limited to two square feet.

Utilize lighting fixtures consistent with the theme. Avoid colonial carriage lights; Clyde was founded 50 years after the colonial era ended. (The only colonial building in Clyde is the Blockhouse.) If in doubt, use a simple global fixture. A gaslight era type fixture is more appropriate for Clyde.

All vacant lots must be level, clean and empty.

Chain link fences are not allowed; use simple wood fencing or vertical wrought iron style pickets.

Gates shall be simple, utilitarian design and not detract or dominate from the building’s features and details.

Where feasible, provide handicapped accessibility to Commercial District buildings. All new structures shall be handicapped accessible.

Sidewalks shall continue over driveways or shall be properly designated as pedestrian right-of-way, such as painted lines.

All central HVAC systems, dumpsters, garbage receptacles, fuel tanks and other similar equipment located at ground level should be screened from adjoining properties and rights-of-way by an opaque-type fence or shrubbery/tree (evergreen) wall not less than four feet in height, or be located in an enclosed structure.

Lumber, building materials and other similar storage yards but not salvage or junkyards.

Manufacturing, business, storage or wholesaling activities which do not usually constitute a fire or explosive hazard or emit smoke, glare, noise, odor or dust or in other ways constitute a nuisance or be detrimental to neighboring properties defined as follows:

Signs.

Parking and loading areas.