Site plan specifications. Application for multiple dwellings and planned residential development groups shall require the submission of a site plan to the appropriate board, said plan or plans as submitted to either the Planning Board or the Board of Appeals are required to show all structures, roadways, path walks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries, and any other elements as may be deemed essential by the Planning Board or the Board of Appeals. Before approving the site plan, the Planning Board and Board of Appeals shall make findings with respect to the following:

Supplemental controls. In reviewing the proposed site plan for one or more multiple-family structures, the Planning Board and Board of Appeals will be guided by the following regulations:

Such uses shall be conducted entirely within an enclosed structure.

Off-street parking areas shall be screened from adjoining residential properties in accordance with § 265-34.

A principal structure shall be not less than 50 feet from any property line.

No bowling alley, roller skating rink, amusement center, or place of recreation shall be maintained or operated within 300 feet of an entrance or exit of a public or private school, library, church, hospital, children's or old people's home or other similar public or semi-public institutions.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system shall be permitted except where such system is inaudible at any property line.

Essential services, enclosed or permanent structures. Such uses, when in R Districts, shall be subject to the following regulations:

Essential services, open. Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 265-34 shall apply.

Purpose.

Approval. Planned unit developments shall be subject to the approval of the Zoning Board of Appeals based upon a review and recommendations by the Planning Board.

Regulations governing planned unit developments.

Standards for reviewing planned unit developments. The Planning Board shall approve the planned unit development only if it finds that the planned unit development satisfies all of the following standards:

Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is erected, off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein.

Off-street loading.

Location of exits and entrances. No gasoline service station or automobile service and/or repair station shall have an entrance or exit for vehicles within 300 feet as measured along the closest edge of the nearest entrance or exit to a public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall not be closer to any intersection than 30 feet.

Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.

Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.

That the use is a permitted special use as set forth in Schedule I hereof.

That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.

That adequate landscaping and screening is provided as required herein.

That adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale developments.

Bed-and-breakfast establishments shall be subject to the requirements of this section and § 265-46 requiring a special use permit. The Zoning Board of Appeals may approve a special use permit for the bed-and-breakfast establishment in the R-1 Single-Family Residential District, R-2 Multifamily Residential District, C-1 and C-2 Commercial Districts, provided that the following standards and provisions are met and maintained:

Certificate of occupancy for transient occupants. The Building Inspector shall be authorized, after inspecting a bed-and-breakfast establishment for compliance with the requirements of the NYS Uniform Fire Prevention and Building Code and payment of the appropriate fees, to issue a certificate of occupancy for transient occupants to owners of bed-and-breakfast establishments.

Enforcement. The Building Inspector and/or the Village Attorney shall be authorized to enforce the provisions of this section. Before issuance of an appearance ticket, the enforcing officer shall notify the owner and/or operator of the bed-and-breakfast establishment of the violation applicable, and afford a ten-day period in which to remedy the violation. After failure to remedy within the ten-day period, the enforcing officer may issue an appearance ticket charging the owner and/or operator with a violation of this section.

Penalties. Operation of a bed-and-breakfast establishment without a special use permit and/or certificate of occupancy for transient occupants shall be a violation, punishable by 15 days in jail, a fine not in excess of $250, or both, for each occurrence. Each day after the ten-day grace period that the owner and/or operator shall be in violation of the provisions of this section shall be deemed a separate offense.

Extractive operations shall not be conducted closer than 300 feet to the adjacent property. A location map which shows land to be quarried or mined and the location of adjacent properties, roads, and natural features shall be filed with the Zoning Board of Appeals. A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses, or other improvements contemplated, shall be submitted to the Zoning Board of Appeals for approval.

Upon approval of the plan the Zoning Board of Appeals shall issue a use permit for a period of two years. Application for renewal of the permit shall be made to the Board. The Board shall extend the permit from year to year if it finds that restoration of the landscape is proceeding at a pace commensurate with the earth removal operations.

No person other than a member of the immediate family occupying such dwelling shall be employed full-time as part of the home occupation.

A home occupation must be conducted within a dwelling which is the residence of the principal practitioner or in an accessory building thereto which is normally associated with the residential use.

No more than 25% of the gross floor area of the residence shall be used for the conduct of a home occupation. The total gross floor area of a detached accessory structure shall be permitted for use of a home business, provided no part of the business is conducted within the primary structure.

Direct sales of products or merchandise from the home are not allowed,

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

The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Such parking shall be provided off the street and in other than a required front yard.

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noise, or vibration.

The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

One sign shall be allowed and shall be attached to the dwelling or accessory structure. The sign shall not exceed four inches in height and 24 inches in length.

Only one commercial-type vehicle may be used in connection with the home occupation.

Typical examples of qualifying home occupations in all zoning districts include, but are not limited to, the following:

No more than one person other than a member of the immediate family occupying such dwelling shall be employed.

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

The use shall not generate vehicular traffic in greater volumes than that normal to the zoning district in which the use is located. Parking shall be provided off the street and in other than a required front yard. Minimum parking shall be one space per employee, plus one space for every 300 square feet of gross floor area committed to the business. A parking space shall not be less than nine feet wide by 18 feet in length.

No home business shall be permitted where access is provided by a shared driveway or shared private road.

In no way shall the appearance of the structure or accessory structure be altered or the business be conducted in a manner which would cause the premises to differ from its residential character whether by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noise, or vibrations.

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

One sign shall be allowed and shall be attached to the dwelling or accessory structure. The sign shall not exceed six inches in height and no more than 24 inches in width.

No more than 30% of the gross floor area of a dwelling shall be used for the conduct of a home business. The total gross floor area of a detached accessory structure shall be permitted for use of a home business, provided that no part of the business is conducted within the principal structure.

No more than one commercial vehicle type shall be used in connection with the home business.

There shall be no use of utilities or community facilities beyond the normal to the use of the property for residential purposes.

Typical examples of qualifying home businesses in all zoning districts include, but are not limited to, the following:

A physician, dentist, lawyer, accountant, engineer, architect or other licensed professional services of a similar nature may use a residential structure owned by such practitioner for a professional office, even if he/she does not reside in such structure, subject to the following:

Restaurants, kennels, garages or shops for the repair of motor vehicles and other trades and businesses of a similar nature shall not be deemed home businesses.

The special use permit shall be renewed every five years. The Village Code Enforcement Officer shall renew the special use permit after review for compliance.

General restrictions. No swimming pool shall hereafter be erected, constructed or excavated except in compliance with the following regulations and requirements. Swimming pools erected, constructed or excavated prior to the effective date of this chapter may continue such nonconformity as to location, drain and filling operation, if any exists, until they are destroyed, structurally altered, reconstructed, changed or moved.

Location. All swimming pools shall be located to the rear of the front line of the main structure on the premises and shall be at least five feet from the rear and side property lines of the premises. Swimming pools located on corner lots shall be located at least 15 feet from any street, alley or thoroughfare and at least five feet from the rear and side property lines.

Drain requirements. Where drainage into the storm sewer system of the Village of Holley is impracticable, the swimming pool may be drained onto a lawn or other area, or to a dry well or wells, provided that the water does not overflow onto adjoining property or otherwise provide damage to the adjoining property or cause inconvenience to the owners or occupants of such adjoining property.

Filling operation. There shall be no permanent physical connection between a potable, public or private water supply system and a swimming pool; and when a temporary physical connection is installed, it shall be operated so that no pool water can be discharged or siphoned into a potable supply system.

Fence with gate required. All swimming pools shall be completely surrounded by a fence or similar barrier at least four feet in height. All gates and said fence shall be equipped with a locking device, and all such gates shall be locked when the swimming pool is not in use. The structure adjacent to the swimming pool may serve as a portion of the fence requirement of this section. Walls or other structural components of the swimming pool may also serve as a portion or as all of the fence requirements of this section, provided that the walls or other structural components are at least four feet in height, and that any entrance, ladder or other means of structural component is equipped with a gate or similar barrier capable of being locked, and which said gate or similar barrier shall be locked when the pool is not in use. Swimming pools which are completely enclosed shall be considered as complying with this section, provided that all entrances to the pool from the exterior are capable of being locked.

Preparations prior to demolition. Before starting demolition all glass and exterior openings shall be removed. All gas, electric, water, steam and other supplied lines shall be shut off and capped. In each case, the service company involved shall be notified in advance and grant a permit for the same. All sewer and water connections shall be sealed off in a manner satisfactory to the authority responsible for sewers and water. Where it is necessary to maintain any power, water, gas or electric lines during demolition, such lines shall be so relocated or protected with substantial coverings as to protect them from injury and to afford safety to the workmen and the public. Before demolition is started, the cellar shall be thoroughly cleaned of combustible material and all fixtures and equipment which would cause voids in the fill removed. If the cellar is to be filled to grade, the existing cellar floor shall be broken up to provide ground drainage and prevent accumulation of water. If the cellar is not to be filled, adequate drainage shall be provided.

Inspection. During demolition, the municipality shall have the right to inspect the work to detect any hazards to workmen or public resulting from weakened or deteriorated floors or walls or loosened material. No employee shall be suffered or permitted to work where such hazards exist. They shall be corrected by shoring, bracing, or other effective means. In addition, all requirements of the demolition portion of the New York State Department of Labor's Rule No. 23, entitled "Protection of Persons Employed in Construction and Demolition Work," or any subsequent revision or amendment, shall be followed and observed by the owner and individual or corporation undertaking the demolition.

Where the structure is to be demolished is more than 25 feet above adjacent grade, and where the horizontal distance from the structure to the inside edge of a sidewalk or other public way is less than one-half the height of the structure, a sidewalk shed shall not be required where the sidewalk or public way is barred or closed to the public or is more than 40 feet from the building or structure which is to be demolished regardless of its height. Regardless of the height of the building, whenever any material or debris is moved or swung by means of a derrick, hoist, chute or similar device over any sidewalk or public way which is not barred or closed to the public, a sidewalk shed shall be erected over such sidewalk or public way.

Mechanical method of demolition. Whenever a swinging weight, clamshell, bucket, power shovel, bulldozer or other mechanical contrivance is used for the purpose of demolishing a building or any part thereof, no person other than workmen essential to the operation of the equipment shall be suffered or permitted to enter a zone of demolition. For purposes of this subsection a zone of demolition at least 1 1/2 times the height of the structure or portion thereof being so demolished shall be maintained around the points of impact. A further zone of demolition shall be maintained within 25 feet of the line of travel of any weight, bucket, shovel or bulldozer used in the demolition.

Site protection. After a building has been demolished, the entire site of such building shall be cleared of any and all debris or waste materials and all basements, all cellars, and all other holes or openings in or on the site shall be properly filled up to the ground level with earth, stone, masonry or other similar sanitary and noncombustible material. All grading shall be so sloped so that all water flowing on the site will not flow over any adjoining property. However, upon the presentation of definite proof that construction operations for the erection of a new building will be commenced on the site within two months after the demolition has been completed, then the filling of basements, cellars and other holes will not be necessary, provided a substantial barricade is erected enclosing the entire site.

Prevention of spread of vermin. The Code Enforcement Officer shall have the authority to inspect premises for which an application to demolish has been filed, and to require the owner to free the premises of rat infestations by extermination before proceeding with demolition.

Restoration. Any nonconforming building or structure, which as a result of fire, explosion, or other casualty, has less than 50% of its then-existing floor area made unsafe and/or unusable, may be restored, reconstructed or used as before, provided that the bulk, height, and area requirements shall not be in excess of that which existed prior to said damage. Such restoration must be completed within two years of such occurrence or the use of such building, structure, or land as a legal nonconforming use shall thereafter be terminated.

Extension and displacement. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use. No nonconforming use shall be extended to displace a conforming use.

Unsafe structures. Any nonconforming building or structure or portion thereof declared unsafe by a proper authority may be restored to a proper condition.

Alterations and repairs. A nonconforming building or structure for other than residential purposes may not be reconstructed or structurally altered during its life to an extent that such alterations exceed in aggregate cost 25% of the full valuation of the building or structure, exclusive of the value of land, unless said building or structure is changed to a conforming use. A nonconforming building or structure containing residential use may be altered in any way to improve interior livability, provided that no structural alteration shall be made which would increase the nonconformity with regard to the number of housing units or the bulk of the building or structure. Normal maintenance repairs and incidental alteration of a building or structure containing a nonconforming use shall be permitted, provided that said repairs and alterations do not extend the volume or area of space occupied by the nonconforming use.

Change of use. A nonconforming use or structure may be changed to another nonconforming use of an equal or more restricted classification, provided that no structural change, enlargement, extension or reconstruction is made.

Abandonment. The discontinuance of a nonconforming use for a period of one year and/or the change of use to a more restrictive or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived. Intent to resume active operations shall not constitute continuance of a nonconforming use.

Partial destruction. In the case of any nonconforming building or structure, which, as a result of fire, explosion, or other casualty, has 50% or more of its then-existing floor area destroyed, the use of such building or structure, as a nonconforming use, shall thereafter be terminated and any new construction shall be in accordance with the regulations of this chapter.