The residential districts are listed in the table below. When this chapter refers to residential or "R" zoning districts, is referring to one of 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.

Single-Family Residential (R-1) District. The purpose of the Single-Family Residential District is to support the vision and policies contained within the Village's adopted Comprehensive Plan with respect to the preservation and enhancement of existing, traditional single-family neighborhoods. The intent of this district is to permit the construction and/or reconstruction of single-family detached dwellings that do not compromise the existing residential character and pedestrian-friendly setting of Honeoye Falls' neighborhoods. Future development and investment should continue the existing traditional neighborhood development pattern, generally consisting of owner-occupied, single-family detached homes, unobstructed front yards, garages set back from the primary residence, and pedestrian-scaled streetscapes (e.g., with sidewalks, streetlighting, street trees, etc.).

Transitional Residential (R-2) District. The purpose of the Transitional Residential District is to serve as a moderate-density transitional zone from the Village's single-family neighborhoods to nearby commercial corridors and activity centers. The intent of this district is to permit single- and two-family dwellings at the edge of neighborhoods where there may be increased activity due to the presence of nearby commercial, civic, and office uses. The conversion of dwellings into multifamily units, professional offices, or civic spaces may be considered by special permit in this district. The overall residential character and walkability of the neighborhood should not be negatively impacted by the introduction or change of any use. The transition from adjacent single-family neighborhoods to uses in the R-2 District should remain seamless so as not to delineate any significant change in scale, intensity of use, character, or form.

Multifamily Residential (R-3) District. The purpose of the Multifamily Residential District is to provide for a variety of housing choice as outlined in the Village's adopted Comprehensive Plan. This district is intended to permit the highest density and variety of residential development within the Village to serve the changing needs of residents regardless of age, ability, or income. The provision of multifamily dwellings in this district should be consistent with the character and design of traditional residential homes in the Village. Developments should be campus-like in design and create a sense of place, with four-sided architectural treatments on all structures, well-established internal and external pedestrian and vehicular connections, and designated areas of public open space for passive and active recreation. Care should be taken to ensure that proper landscaping and screening is provided throughout developments as a buffer to adjacent lower-density residential uses.

Village Residential (R-4) District. The purpose of the Village Residential District is to provide for growth and development in accordance with the Village's adopted Comprehensive Plan while also reflecting the traditional character of the neighborhoods which form the core of the Village. The development of the Village prior to its zoning law resulted in varying residential lot sizes and uses at its core, which is a highly valued feature of the Village today. The intent of this district is to encourage the continuation of such a unique development approach with future investment. This is achieved by permitting a mix of residential living opportunities and creating flexibility in the lot and dimensional standards. The appropriateness of future development proposals in this district will be evaluated based on their achievement of the following objectives:

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 chapter.

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.

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

All R-3 and R-4 districts shall be designed and subdivided to preserve open space, respect the physical qualities of the land, and reduce the overall development costs of a subdivision or neighborhood.

Any subdivision of land in an R-3 or R-4 district shall provide for open space. In the event that a subdivision is less than five acres, the ZBA may vary the dimensional and open space requirements of this section in accordance with the guidelines set forth herein.

"Open space" is a common area that is intended to provide light and air and is designated for either environmental, scenic, or recreational purposes. "Open space" shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel, and retention or detention ponds. In no event shall any area of a platted developable lot, nor any part of an existing or future road or right-of-way, be counted as constituting "open space."

In determining open space, any critical environmental area, any undevelopable land, or land in an Environmental Protection Overlay District may be included for such determination.

The ZBA, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such land as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this chapter must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivisions, as well as whether it is to be dedicated ultimately to the Village or other governmental body or to an approved private or conservation corporation or to a homeowners' association or otherwise under conditions meeting with ZBA approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the ZBA may require an open space easement running to the Village as a condition of approval. The dedication of any lands, by ownership or easement, to the Village of Honeoye Falls will be subject to approval and acceptance by the Board of Trustees.

Homeowners' association.

In addition to the other ZBA requirements for final maps, upon final approval of the subdivision application by the ZBA, the applicant shall file the subdivision map in the office of the County Clerk, which map shall contain thereon:

The business districts are listed in the table below. When this chapter refers to commercial, business, or "B" zoning districts, it is referring to one of 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 Neighborhood Business District is to implement the recommendations of the Village's Comprehensive Plan (as amended) and provide for increased economic development opportunity in established neighborhoods near or adjacent to commercial activity centers. The intent of the NB District is to permit the continuation of residential uses alongside small-scale retail, service, and offices uses. The development or adaptive reuse of structures is allowed, provided the proposed structure and use is compatible with the scale, form, and level of intensity of nearby existing structures. The appropriateness of any one structure or use in the NB District will be evaluated based on the following objectives:

Central Business (CB) District. The purpose of the Central Business District is to maintain and enhance the historic character and vibrancy of the Village's multistory, mixed-use 19th Century Main Street. The CB District is characterized by its sidewalk connectivity, traditional architecture, and dense concentration of activity with a high degree of amenities that creates an inviting 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 historic character of Main Street Honeoye Falls with respect to building and site design. Existing historically significant structures shall be preserved to the greatest extent practicable. The restoration or rehabilitation of structures for reuse is encouraged.

General Business (GB) District. The purpose of the GB District is to accommodate a mix of uses that cater to Village residents, travelers and tourists, while also implementing the recommendations of the Village's adopted Comprehensive Plan. The GB District is intended to designate areas for the development of larger-scale commercial activities that depend upon relatively significant volumes of motor vehicle traffic. Development in the GB District should not be made at the expense of the Village's character and walkability, but rather be pursued in a manner that enhances the public and private realms. Future investment should include pedestrian and bicyclist access both on and off site, implement traffic-calming measures in building and site design practices, and provide ample greenery and landscaping so as to create a comfortable and inviting streetscape for all modes of travel. Special attention should be given to the design and buffering techniques of parking facilities, 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 chapter.

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.

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

The NB District shall be designed and subdivided to preserve open space, respect the physical qualities of the land, and reduce the overall development costs of a subdivision or neighborhood.

Any subdivision of land in a NB District shall provide for open space. In the event that a subdivision is less than five acres, the ZBA may vary the dimensional and open space requirements of this section in accordance with the guidelines set forth herein.

"Open space" is a common area that is intended to provide light and air and is designated for either environmental, scenic, or recreational purposes. "Open space" shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel, and retention or detention ponds. In no event shall any area of a platted developable lot, nor any part of an existing or future road or right-of-way, be counted as constituting "open space."

In determining open space, any critical environmental area, any undevelopable land, or land in an Environmental Protection Overlay District may be included for such determination.

The ZBA, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such land as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this chapter must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivisions, as well as whether it is to be dedicated ultimately to the Village or other governmental body or to an approved private or conservation corporation or to a homeowners' association or otherwise under conditions meeting with ZBA approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the ZBA may require an open space easement running to the Village as a condition of approval. The dedication of any lands, by ownership or easement, to the Village of Honeoye Falls will be subject to approval and acceptance by the Board of Trustees.

Homeowners' association.

In addition to the other ZBA requirements for final maps, upon final approval of the subdivision application by the ZBA, the applicant shall file the subdivision map in the office of the County Clerk, which map shall contain thereon:

The industrial districts are listed in the table below. When this chapter refers to industrial or "I" zoning districts, it is referring to one of 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.

Mixed-Use Industrial (MI) District. The purpose of the Mixed-Use Industrial District is to provide for the mixing of compatible light industrial and commercial land uses within the gateway corridor of West Main Street. Consistent with maintaining a high quality of life in the Village and implementing the recommendations of the Village's adopted Comprehensive Plan, the MI District is established to encourage flexibility in the use of land along with phased, efficient, and attractive growth that complements the character of the Village's traditional settlement pattern. Specifically, the intent of this district is to:

Light Industrial (LI) District. The purpose of the Light Industrial District is to provide areas which may accommodate certain low-impact industrial uses, as well as to provide local employment opportunities. This district is suitable for areas with adequate utilities, proximity to adequate transportation facilities and proper relationship to other land uses and natural features. Light industrial uses should be conducted within an enclosed structure and should be appropriately sited so as to foster a campus-style environment. Industrial uses may include those in manufacturing and production utilizing previously prepared materials, but not those utilizing raw materials or any other process or activity which would result in or cause dissemination of excessive amounts of dust, smoke, gas, fumes, odors, noise, glare, vibration or any other nuisance to adjacent buildings or land. This district specifically excludes residences, retail stores and restaurants due to the potential for conflicts between land uses.

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 chapter.

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.

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

All industrial or manufacturing processes shall take place within an enclosed building.

Incidental outdoor storage or sales areas shall be subject to the provisions of Article IX of this chapter.

All uses shall be in conformance with the provisions of the development standards within this chapter, including, but not limited to: off-street parking and loading (Article X), landscaping and screening (Article XI), nonresidential design (Article XII), Signage (Article XIV), and lighting (Article XIII).

Noise.

Smoke. The density of smoke and other atmospheric pollutants shall be measured by the Ringelmann Chart as published by the United States Bureau of Mines. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four minutes in any one hour which exceeds the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it in any way detrimental to the public health or safety or is a source of damage to property.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, to exceed one pound per hour per acre of lot area. The emission from all sources within any lot area of particulate matter containing more than 10% of particles having a diameter larger than 44 microns is prohibited.

Odor. No person, firm or corporation shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted.

Fire and explosion. The storage, utilization or manufacture of detonable materials shall not be permitted. The storage and utilization of flammable liquids or materials shall be in conformance with the applicable regulations set forth in the New York State Uniform Fire Prevention and Building Code.

Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place.

Electromagnetic radiation. No land use or operation shall be allowed which produces electromagnetic radiation which does not comply with the current requirements of the Federal Communications Commission or with the standards of the American National Standards Institute.

Heat. No emission of heat shall be permitted which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or body of water.

Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.

Radiation. No emission, discharge or storage of radioactive gases, liquids or solids shall be permitted.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects. All wastes are to be properly stored and removed weekly.

Lights. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the ZBA in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located.

Fences. The ZBA may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property. Refer also to the fencing regulations of this chapter (§ 190-50).

The ZBA may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.

In the case of any application for the establishment of a use subject to the performance standards, the ZBA may require the applicant, at the applicant's own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.

If the ZBA deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of the applicant's application. The report of any expert consultants shall be promptly furnished to the applicant.

During the course of site plan review, the ZBA will determine if the applicant's proposal will conform to the performance standards.

It is the purpose of an Environmental Protection Overlay District (EPOD) to provide special controls over land development in sensitive environmental areas to protect vital environmental features and resources. It is designed to guide land use proposals into areas where they may best enhance the general welfare of the community.

The EPOD regulations are not intended to be substituted for other zoning district provisions. The overlay districts are to be superimposed on the underlying, primary zoning districts and represent an additional level of review and regulation related specifically to the protection of identified environmental features.

Administration and enforcement of this article is intended to provide the Village with an additional level of review and regulation that controls how development permitted by the Village's primary zoning districts should occur in sensitive or unique environmental areas.

To carry out the foregoing purpose, the Village of Honeoye Falls is hereby divided into the following Environmental Protection Overlay Districts:

All overlay districts shall also be identified as critical environmental areas for purposes of state environmental quality review (SEQR). As such, they are Type I actions requiring full consideration under SEQR.

The location and boundaries of all EPODs shall be delineated on an official set of maps on file in the Village Clerk's office. These maps shall be known and may be cited as the "Official Village of Honeoye Falls EPOD Maps" and shall include the official wetland maps for the Village prepared by the New York State Department of Environmental Conservation (NYSDEC), and the official Flood Insurance Rate Maps (FIRM) for the Village prepared by the Federal Emergency Management Agency (FEMA).

The Official Village of Honeoye Falls EPOD Maps shall be used for reference purposes only and shall not be used to delineate specific or exact boundaries of the various overlay districts. Field investigations and/or other environmental analyses may be required in order to determine whether or not a particular piece of property is included within one or more of the overlay districts.

Where these districts overlay any primary zoning district delineated on the Official Zoning Map of the Village of Honeoye Falls, the requirements of these districts shall be met in addition to those requirements specified for development in the respective primary district.

The CEO shall be responsible for interpreting EPOD boundaries based on an interpretation of the Official Village of Honeoye Falls EPOD Maps, as well as the use of various criteria set forth in this article for determining such district boundaries.

The CEO may consult with the Village Engineer, ZBA, or other Village department or review board in making such a determination. Appeals from a determination of the boundaries of overlay districts shall be made to the Village Zoning Board in accordance with the procedures of this chapter.

Lawn care;

Gardening;

Tree and shrub care;

Removal of dead or deteriorating vegetation;

Removal of structures;

Repair of structures;

Repair of faulty or deteriorating sewage facilities;

Reconstruction of structures damaged by a natural disaster; and

Agricultural operations.

Regulated activities under this article shall require the issuance of an EPOD development permit by the Village CEO.

The CEO has the authority to grant or deny a permit under the regulations of this article. No such permit shall be issued until the applicant has demonstrated their compliance with this article and other applicable requirements of this chapter.

A scale plan prepared and certified by a licensed engineer or licensed land surveyor indicating:

An application fee as determined by the Village Board.

Purpose. Certain areas of the Village of Honeoye Falls are subject to periodic flooding which 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 floodplains causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses which are inadequately elevated, floodproofed or otherwise protected from flood damage. It is the purpose of the Floodplain Overlay District to prevent public and private losses due to flood conditions in certain areas by provisions designed to:

District boundaries.

Prohibited activities. The following activities are not permitted in the EPOD:

Regulated activities. No person shall conduct any of the following regulated activities within the EPOD zone unless such person has first applied for and obtained an EPOD development permit pursuant to the requirements of this article:

Review standards. No EPOD development permit shall be issued for any regulated activity within the Floodplain Overlay District unless the applicant for such a permit has provided evidence of the following:

Additional requirements.

Purpose. The purpose of these regulations is to encourage planning and development which will preserve and protect all watercourses within the Village of Honeoye Falls.

District boundaries. The Watercourse Overlay District boundaries as shown on the Village's EPOD Map (watercourses) include:

Regulated activities. The following activities shall not be allowed when located completely or partially within the watercourse boundaries without first requesting and receiving a permit from the CEO as provided for in this article:

Review standards.

Purpose. The purpose of these regulations is to encourage planning and development which will preserve and protect all steep slopes in the Village of Honeoye Falls by regulating activities in these areas and by requiring review and permit approval prior to project commencement. The developmental impacts include soil erosion and sedimentation, destruction of vegetation, increased runoff rates and slope failure. The regulations contained in this district are designed to minimize the disturbance or removal of existing vegetation, prevent increased erosion and runoff, maintain established drainage systems, locate development where it is less likely to cause future slope failures and to retain, as much as possible, the natural character of these areas.

District boundaries. The Steep Slope District boundaries, As Shown on the Village's EPOD Map (steep slopes) includes all areas with a fifteen-percent slope or greater measured over a linear distance of 100 feet and all areas within 50 feet of said slopes.

Regulated activities. The following activities shall not be allowed when located completely or partially within the Steep Slope District boundaries indicated without first requesting and receiving a permit from the CEO as provided for in this article:

Review standards. No permit shall be granted for a regulated activity within the Steep Slope District unless the applicant adequately demonstrates that the activity will in no way at the present or in the future:

Purpose. The purpose of this section is to encourage planning and development that will preserve, conserve and protect all established wooded areas of two or more contiguous acres located within the Village for the purpose of preserving scenic beauty and maintaining natural habitat. It is the intent of this regulation to prevent the destruction of existing wooded areas by requiring review and permit approval prior to tree removal for any purpose.

District boundaries. Woodland overlay district boundaries as shown on the Village's EPOD Map include all areas of two or more contiguous acres of existing woodland, except that active orchards are excluded.

Regulated activities.

Review standards. No permit shall be granted for a regulated activity within a Woodland Overlay District boundary unless the applicant demonstrates, to the CEO's satisfaction, that the proposed activity will not now nor at any time in the future:

FMP requirements. In addition to the application requirements of § 190-40, the following requirements shall be provided for applications in the Woodland Overlay District:

Planting requirements. When replanting of trees is required, the health and survival of the planted tree specimen shall be guaranteed for three years.

Applicant responsibilities. Applicants and their contractors shall adhere to all details and requirements of the approved FMP. Should inspection reveal noncompliance with the FMP, the applicant may be subject to a fine not to exceed $250 per day for each day deemed in noncompliance.

Erosion control. Where applicable and appropriate, the CEO may require the following practices be included in the FMP or be implemented by the property owner:

Purpose. The purpose of these regulations is to preserve, protect and conserve designated wetland areas of 1/2 acre or more in the Village of Honeoye Falls pursuant to Article 24 of the New York State Environmental Conservation Law.

District boundaries. The Wetland Overlay District boundaries, as shown on the Village's EPOD Map (wetlands), are designated by the New York State Department of Environmental Conservation. Wetland map boundaries are not final and are subject to change. Upon application for a permit in the Wetland Overlay District, the site shall be referred to the New York State Department of Environmental Conservation to determine the exact wetland boundary.

Regulated activities. The following activities shall not be allowed when located in whole or in part within the Wetland Overlay District boundaries without first requesting and receiving a permit from the CEO as provided for in this article:

Review standards. No permit shall be granted for a regulated activity within the Wetland Overlay District unless the applicant adequately demonstrates that the activity will in no way at present or at any time in the future:

NYS Freshwater Wetlands Act. It is the intent of this section that, pursuant to § 24-0501 of the New York State Environmental Conservation Law, the Village of Honeoye Falls shall fully undertake its regulatory authority to administer the New York State Freshwater Wetlands Act for lands within the Village's jurisdiction.

Nothing herein contained shall restrict the height of the following:

Any building or structure exceeding the height limit for the district in which it is located, pursuant to Subsection A, shall:

The following accessory structures may be located in any required front or rear yard:

The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:

Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.

Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the CEO when placed so as not to obstruct light and ventilation.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

Building permit required. No fence, wall or other screening or enclosure type of construction shall be erected without the issuance of a building permit.

Application requirements. Applications shall be submitted, prior to commencing construction work, to the CEO on forms provided by the Village office. Said application shall include:

Issuance of permit. The CEO shall issue a permit only when the applicant demonstrates that they are in compliance with this section and all other applicable regulations of this chapter. Such permit will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.

Height limitations.

Location restrictions.

Materials and composition.

The clear sight triangle shall be determined by two points, one on each intersecting street line, each of which is 50 feet from the intersection of such street lines.

On a corner lot in any district, except the CB District, no building, structure, vehicle, planting, or other object capable of obstructing one's view shall be placed or erected within the clear sight triangle that exceeds three feet in height.

Trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted.

Applicability. A pool which is capable of containing more than 24 inches of water is a swimming pool and is subject to all applicable provisions relating to swimming pools, even if the pool is filled to a depth of less than 24 inches.

Building permit required.

Swimming pool placement.

Enclosure requirements.

Additional requirements.

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

Specially permitted uses 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 shall not require the issuance of a special use permit, but must obtain site plan review approval and meet all applicable requirements set forth in this section.

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:

Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined 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.

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.

The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.

No more than two nonresidents of the premises shall be engaged as an employee of the operation.

There shall be a maximum of four guest rooms with no more than two guest rooms sharing a single bath. 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 ZBA.

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.

Outdoor storage and repair work shall be prohibited at all times. Premises shall not 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 NYS 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 25 feet from side or rear property lines.

Outdoor floodlighting or public-address systems are prohibited.

Appropriate landscaping and screening shall be provided as determined in site plan review.

Day-care facilities may be conducted as a home occupation, provided the conditions of this section and Article IX are met.

Drive-through stacking lanes, service areas, or windows shall not be located in the front yard.

No drive-through facility shall be located on a lot directly adjacent to or across the road or street from a property used for residential purposes.

A vehicular stacking lane shall be provided on site in a manner that does not impede on- or off-site traffic movements. The stacking lane shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons.

All stacking and exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.

Drive-through facilities, including any protective canopies, signage, stacking lanes, or other associated elements, shall meet the setback requirements for the property. Such facilities shall be screened as determined appropriate during site plan review.

Drive-through facilities with illuminated elements or amplified audio/visual systems shall not be located adjacent to residential uses or districts.

Only one point of ingress and one point of egress or one point of combined ingress and egress for a drive-through shall be permitted per street frontage.

All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any property line.

Designated pedestrian walkways or sidewalks, delineated by striping, landscaping, pavers, curbing, or other such material, shall be provided within the site to facilitate pedestrian movement and shall connect from the public sidewalk to the building entrance.

No more than two signs for use by patrons of the drive-through are permitted. Such signs shall be located at the rear of the building and shall each be no more than 30 square feet in area.

The applicant may be required to submit a traffic study demonstrating the impact of traffic generated by the proposed drive-through restaurant as part of site plan review. No drive-through shall be permitted that is anticipated to be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed restaurant use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.

An outdoor seating area may be provided in conjunction with a drive-through restaurant, which is designated and designed in site plan review.

No gasoline service station shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, of a public or semipublic use including, but not limited to, schools, places of worship, and parks or playgrounds.

Appropriate landscaping and screening shall be provided as determined in site plan review. Such screening shall be at least six feet in height when adjacent to a residential district or use.

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, no oiling or greasing mechanism, or other service appliance shall be installed in connection with any gasoline service station or repair garage within 10 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.

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 are 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.

A home occupation shall only be permitted in a single-family dwelling.

The home occupation shall be owned and operated by a full-time resident of the dwelling and shall operate wholly within an enclosed structure.

No more than one person not residing in the household may report to work at the dwelling.

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, good, 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.

Activity involving on-site retail sales is prohibited, except the sale of items that are clearly incidental to a permitted home occupation.

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

By conversion. The conversion of an existing single- or two-family dwelling to three or more units shall be required to comply with the following:

New construction. Newly constructed multifamily dwellings shall be in conformance with the following regulations and design standards:

Adequate toilet facilities for employees and patrons shall be provided on site.

No outdoor recreational facilities shall be located closer than 200 feet to any adjacent residential use or district.

Such facilities shall be screened and landscaped in a manner approved during site plan review.

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

Such display areas shall not block automotive traffic, sidewalks, fire lanes, or other travel lanes. Outdoor display areas may be permitted along sidewalks within the CB District with site plan review approval.

Such display areas shall be allowed adjacent to a principal building wall and extending to a distance no greater than 15 feet from the wall.

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

Such display areas are used for the sale of merchandise and not for storage purposes.

Such storage areas shall not occupy more than 10% of the lot if located within a business district.

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

Contractor material and equipment storage must be a minimum of 200 feet from a residential district.

Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such streets. The location, design, and operation of such facility shall not adversely affect the character of the surrounding residential area.

Such facility shall be surrounded by a fence approved during site plan review.

Such facility shall be landscaped in a manner approved during site plan review.

To the greatest extent practicable, equipment shall be stored and screened so as not to be visible from surrounding properties and the public right-of-way.

Such facility may be subject to additional requirements determined to be necessary to protect the public's health, safety, and welfare through site plan review.

Vehicular ingress and egress will be provided so as to minimize on- and off-site traffic congestion.

When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during site plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.

Purpose. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the character of the Village, as well as to promote the health, safety, and welfare of the general public.

Registration required.

Placement of units.

Allowable number of units. Only one enclosed temporary storage unit may be placed upon any lot at one time.

Unit size. Units shall not have a footprint exceeding 150 square feet or a height of more than eight feet.

Duration. The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 30 days upon request to and approval by the Code Enforcement Officer.

Maximum number of registrations. Each lot is limited to a maximum of four registrations per calendar year. A minimum of 15 days shall elapse between the end of one registration and the beginning of another.

Maintenance. The registrant shall be responsible for ensuring that the enclosed temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.

Prohibited materials and uses. The storage of solid waste, chemical substances, and illegal or hazardous material is prohibited.

Inspection. Upon reasonable notice to the registrant, the Code Enforcement Officer may inspect the contents of any enclosed temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by 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 residentially zoned or developed property to block any view of operations from all points on 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 of 10 feet in width along the street frontage(s).

The retail sales of fuel or operation of a vehicle service station on site shall require compliance with Article IX and be so noted on the special use permit.

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

The premises shall be screened from adjacent property with landscaped screening at least six feet in height, unless otherwise approved by the ZBA.

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

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.