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Honeoye Falls City Zoning Code

PART 3

Development Standards

§ 190-73 Purpose and intent.

A. 
Purpose. The purpose of this article is to ensure that all uses and development within the Village are adequately served by off-street parking and loading areas. The standards contained herein are designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjacent properties from nuisances caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles.
B. 
Intent. This article is also intended to achieve the following objectives:
(1) 
Reduce congestion on the street network in the Village;
(2) 
Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of the property;
(3) 
Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel;
(4) 
Provide safe traveling conditions for motorists, pedestrians, and bicyclists; and
(5) 
Ensure safe, well-planned multimodal access can be made to all commercial and residential properties within the Village while minimizing potential vehicular and pedestrian conflicts.

§ 190-74 Applicability.

A. 
The term "vehicle," as used in this section, shall include but not be limited to automobiles, motorcycles, trucks, recreational vehicles, campers and trailers, including recreational and boat trailers.
B. 
Off-street parking and loading spaces shall be provided and kept available as an accessory use to all permitted and specially permitted uses of buildings, structures, and lots in amounts not less than those specified in this section.
C. 
Areas that may be considered as off-street parking space include any private garage, carport or other area available for parking other than a street, entrance and exit lanes, or driveway. No vehicle shall be parked or stored in any required fire lane. A driveway may only be used to meet the requirements of this article where it serves a single- or two-family dwelling.
D. 
Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks or other commercial vehicles used in conducting the business or use.

§ 190-75 Determination of parking requirements.

A. 
The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the table of off-street parking requirements in § 190-76E of this article, unless otherwise noted within this chapter.
B. 
The requirements for a combination of uses made up of multiple permitted or specially permitted uses (e.g. a restaurant and bar or a retail store combined with an office building) shall be determined by establishing the requirement for each individual use and adding them together, unless otherwise provided for by this article or approved by the ZBA.
C. 
If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar listed use as determined by the CEO.
D. 
When the required number of spaces result in a fraction, any fraction of less than 1/2 (0.50) is rounded down to the next lower whole number, and any fraction of 1/2 (0.50) or more is rounded up to the next higher whole number.

§ 190-76 Off-street parking requirements.

A. 
Bicycle parking shall be provided with all multifamily and nonresidential development of at least 10% of the vehicle parking requirements as outlined in the table of off-street parking requirements in Subsection E, but in no case shall be less than two bicycle spaces for any single use.
B. 
The maximum number of parking spaces allowable for any use is not to exceed 125% of the requirement as outlined in the table of off-street parking requirements in Subsection E, unless otherwise approved by the ZBA.
C. 
The ZBA may reduce the number of off-street parking spaces required if the applicant can make permanent arrangements for shared parking with other residential or nonresidential uses or can otherwise prove that the parking standards are excessive for the particular use proposed.
D. 
The ZBA may require off-street parking spaces in addition to those required by this article if it is deemed necessary to protect the health, safety, and general welfare of the public.
E. 
Parking spaces shall be provided in accordance with the following table:
Off-Street Parking Requirements
Land Use
Minimum Space Requirement
Residential
Single-family dwelling
2 per dwelling unit
Two-family dwelling
2 per dwelling unit
Multifamily dwelling
1.5 per dwelling unit
Accessory dwelling unit
1 in addition to single-family dwelling requirement
Upper-floor dwelling unit
1 per dwelling unit
Nursing home or adult care facility
0.50 per bed plus 0.50 per employee1
Bed-and-breakfast
1 per room
Home occupation
1 per employee not living on premises
Institutional
School, elementary or intermediate
2 per classroom plus 1 per employee1
School, secondary
2 per classroom plus 1 per 10 students plus 1 per employee1
School, occupational or skill training
1 per 3 students plus 1 per employee1
Religious institution
1 per 3.5 seats
Museums or libraries
2 per 1,000 square feet2
Hospital
1 per bed plus 1 per employee1
Medical clinic
3 per 1,000 square feet2
Day care or nursery
1 per 6 persons (by capacity) plus 1 per employee 1
Commercial
Retail store or shop
3 per 1,000 square feet2
Repair shop
2 per 1,000 square feet2
Grocery store
4 per 1,000 square feet2
Bar or tavern
4 per 1,000 square feet2
Hotel
1 per room plus 0.50 per employee 1
Funeral home
4 per 1,000 square feet2
Office
3 per 1,000 square feet2
Restaurant
4 per 1,000 square feet2
Vehicle sales
2 per employee1
Indoor recreation facility
2 per 1,000 square feet2
Manufacturing
All uses
1 per employee1
NOTES:
1
"Per employee" requirements shall be based on the number of employees during the maximum shift.
2
As measured by the gross floor area of the proposed use.

§ 190-77 Loading requirements.

A. 
Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading area must be provided in accordance with this section to accommodate the delivery or shipment operations in order to avoid undue interference with the public use of streets or alleys.
B. 
Loading spaces shall have a minimum clearance height of 14 feet. The related aisle shall have the same minimum clearance height.
C. 
Loading spaces shall be provided in accordance with the table below.
Loading Space Requirements
Floor Area
(Square Feet)
Minimum Spaces
Minimum Size
(feet)
Less than 4,000
0
4,000 to 15,000
1
12 by 25
15,000 to 30,000
1
14 by 50
or 2
12 by 25
30,000 or greater
1
14 by 50
and 1
12 by 25
Each additional 15,000 or fraction thereof
1
12 by 25
D. 
No parking or storage of a commercial vehicle shall be permitted in any residential district except in such case that said vehicle is used by the occupant of the premises and does not exceed three-fourths-ton rated capacity. Such vehicle may only be parked or stored behind the front building line of the principal structure.

§ 190-78 Location of parking and loading spaces.

A. 
Off-street parking and loading spaces shall be provided only in the side or rear lot areas. Front yard parking may be permitted in the General Business District with ZBA approval.
B. 
Off-street parking spaces in residential districts may be provided in any yard space except front yard space. However, parking in front yard space shall be allowed on a designated driveway for single- and two-family dwellings.
C. 
All off-street parking and loading spaces shall be on the same lot as the use they are intended to serve unless otherwise specified in this chapter. With Village Board approval, uses within 400 feet of a municipal parking lot or designated on-street parking may be wholly or partially exempt from the off-street parking requirements.
D. 
Where parking areas are provided for a mix of uses that include residential units, the parking spaces provided for such units should be clearly marked and designated for the use of residents.
E. 
Off-street parking spaces shall not be located within 10 feet of a residential district.
F. 
Loading spaces shall not be located within 50 feet of a residential district.
G. 
Parking and loading spaces may not be located within 10 feet of street frontage.

§ 190-79 Joint and shared parking.

A. 
Joint off-street parking spaces by two or more buildings or uses located on the same lot or adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately. The land upon which the joint parking spaces are located shall be owned or leased by one or more of the collective users.
B. 
Shared off-street parking spaces for two or more uses that are located on the same lot or share a common property boundary and have different peak parking demands or operating hours may be permitted, provided that:
(1) 
Parking is located within 400 feet of the buildings or uses it is intended to serve.
(2) 
The applicant demonstrates that the uses have different peak hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.
(3) 
A shared parking agreement is executed documenting the joint use and must be reflected in a deed, lease, contract, easement or other appropriate legal document.
(4) 
A maintenance agreement is executed documenting the responsibility of each user in the maintenance and upkeep of said shared parking facilities.
(5) 
Shared access agreements are created by the initial developer and/or owner of a site and are established in a continuum to adjoining properties as a contingency of site plan approval.

§ 190-80 Design requirements.

Off-street parking and loading spaces required by this article serving multifamily dwellings and nonresidential uses shall conform to the following design requirements:
A. 
All spaces shall be surfaced with asphalt bituminous, concrete, or dustless material approved by the ZBA and shall be maintained in smooth and well-graded condition. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and must be permanently marked. Pervious pavement materials are encouraged.
B. 
All spaces shall be clearly marked with a minimum painted strip of four inches in width.
C. 
All spaces and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff. Centerline gradients of aisles shall not exceed 8%.
D. 
All new or reconstructed off-street parking lots must conform to Americans with Disabilities Act standards.
E. 
All off-street parking areas that contain more than 10 spaces must include:
(1) 
A clearly identified pedestrian route from the parking spaces to the main building entrance and public sidewalk, where applicable.
(2) 
A dedicated area independent of required parking and loading spaces for the placing and storage of snow.
F. 
All parking areas shall be landscaped and screened in accordance with Article XI.
G. 
All illumination of off-street parking areas shall be in conformity with Article XIII.
H. 
Parking space and aisle dimensions shall follow the requirements of the table below.
Parking Space and Aisle Minimum Dimensions
Angle of Parking
Minimum Aisle Width
(feet)
Minimum Parking Space
(feet)
Two-Way
One-Way
Width
Length
90
24
22
9
18
60
22
18
9
18
45
20
13
8
18
Parallel parking
20
13
8
22

§ 190-81 Alternative parking arrangements.

The following alternative arrangements may be utilized to satisfy off-street parking requirements with ZBA approval:
A. 
On-street and municipally owned parking. On-street and municipally owned parking spaces may be used to satisfy up to 25% of the requirements for off-street parking, provided such spaces are no more than 1,000 feet from the use.
B. 
Parking demand analysis. The number of off-street parking spaces required for any use may be adjusted with the completion of a parking demand analysis by the applicant. When parking will be shared with other functions, the parking demand analysis may be used to determine the sharing factor. Such analysis shall include, at a minimum:
(1) 
An estimate of the number of spaces needed to accommodate the proposed use.
(2) 
A summary and map of the proposed location and/or configuration of spaces (on site, public lots, on street, etc.).
(3) 
A market study and/or other supporting information and rationale behind the requested number of parking spaces.
(4) 
An analysis of existing parking conditions in the surrounding area, to include a radius of at least 1,000 feet.
C. 
Existing building exemption. No existing building within the Central Business District shall be required to provide additional off-street parking except when the amount of space devoted to any permitted use is expanded. In such case, the required amount of additional off-street parking required shall be based on the additional space devoted to the permitted use only.

§ 190-82 Access management.

Access road development shall apply to all districts with adjoining property boundaries where points of ingress or egress are separated by a distance of less than 500 feet and shall conform to the following standards:
A. 
The Village Engineer or their designee shall review all access roads and driveways to insure the safety and welfare of the public. The Village may engage the services of other engineers, planners, or other professionals to assist in such review, all costs at the expense of the applicant.
B. 
Shared access agreements will be required by the first developer and/or owner of a site and shall be established in a continuum to adjoining properties as a contingency of site plan approval.
C. 
All direct access driveways to public highways shall be minimized and meet or exceed the minimum spacing requirements, excluding single-family residences, listed in the table below. Minimum driveway spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway.
Minimum Driveway Spacing
Speed Limit
(mph)
Minimum Spacing
(Feet)
35 or less
150
36 to 44
250
45 or greater
500
D. 
All parking spaces, except those required for single- or two-family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.
E. 
No driveway providing access to an off-street parking area shall be located closer than 60 feet to the intersection of public streets.
F. 
The minimum width of an access driveway shall be determined by the table below.
Access Driveway Dimensions by Use
Use
Minimum Width
(Feet)
Maximum Width
(Feet)
Single-family
10
20
Multifamily
16 (combined drive)
20
All other uses
12 (one way)
20 (two way)
30

§ 190-83 Driveway permit.

A. 
The paving of new driveways or driveway expansions in any residential district shall require the issuance of a driveway permit by the Village's CEO, unless otherwise approved by the ZBA as part of the site plan review process.
B. 
Driveway permit applications shall be submitted to the CEO on forms provided by the Village Clerk and shall be accompanied by the following:
(1) 
A to-scale drawing of the parcel indicating the location and dimensions of the proposed driveway;
(2) 
A current survey map completed by a professional land surveyor depicting the proposed location and dimensions of the driveway;
(3) 
A stormwater management and drainage plan, unless the driveway or driveway expansion is to consist of permeable paving materials; and
(4) 
Any other materials deemed necessary by the CEO to conduct an adequate review of the site and proposed driveway or driveway expansion.
C. 
Driveway or driveway expansion applications must meet the following minimum requirements to be considered for approval:
(1) 
The driveway shall be at least one foot away from side and rear property lines;
(2) 
The driveway shall not cause the parcel's total lot coverage to exceed the maximum amount permitted as stated in Article IV, Residential Districts;
(3) 
The driveway width must be in conformance with the table of access driveway dimensions by use in § 190-82F; and
(4) 
The paving of said driveway shall not obscure or in any way alter existing public sidewalks.

§ 190-84 Commercial vehicles in residential districts.

One commercial vehicle may be housed or parked on a residential property, provided that such vehicle does not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length. Such commercial vehicle shall be parked on a permitted driveway behind the front building line or inside a garage building out of public view.

§ 190-85 Recreational vehicles in residential districts.

A. 
Recreational or accessory vehicles may be stored and parked on residential property in accordance with the following:
(1) 
No more than two recreational or accessory vehicles or combination thereof may be parked on a residential property at any one time.
(2) 
Only one such vehicle may exceed 10 feet in height or 25 feet in length.
(3) 
The vehicle shall be owned by a full-time resident of the property on which it is located.
(4) 
The vehicle, if required to be registered and/or inspected in order to be operated upon the roads or waterways of the state, was registered and/or issued a valid inspection certificate within the past 12 months or, if not required to be registered and/or inspected to be operated upon the roads or waterways of the state, is in operable condition.
(5) 
The vehicle shall be stored in an enclosed garage structure or parked on a permitted driveway behind the front building line and maintain a setback from property lines of five feet if less than six feet in height and a setback of 10 feet if more than six feet in height.
(6) 
The vehicle shall be screened from view, except from the street, by a solid fence or evergreen hedge at least six feet in height.
B. 
No mobile home, recreational vehicle or motor home shall be used on any property for use as sleeping or living quarters or for any other purpose in connection with such sleeping or living quarters, except that visiting guests owning or operating such vehicles may occupy them for a period of 21 days. The occupants of such vehicles must be guests of the full-time residents of the property upon which the vehicle is parked.
C. 
Recreational vehicles shall not be connected to electricity, water, or other utilities unless they are being used pursuant to Subsection B above or being prepared for use or storage by the owner.
D. 
No commercial vehicle having an overall length in excess of 18 feet, nor any semitractor, semi-tractor-trailer, semitrailer, dump truck, tow truck, bus, step van, freight van, flatbed or stake truck, or construction vehicle or equipment of any length may be parked in any residential district unless temporarily, in conjunction with a permitted construction project, service, sales, or delivery to the property.
E. 
This section shall not apply to temporary storage of a recreational vehicle. For purposes of this section, "temporary storage" shall mean the existence of a recreational vehicle, owned by a full-time resident of the property, stored out-of-doors on the property, which does not comply with this chapter for a period not to exceed 10 consecutive days, under any of the following circumstances:
(1) 
The recreational vehicle is en route to or from its permanent storage location;
(2) 
The recreational vehicle is being prepared for use or for storage; or
(3) 
The recreational vehicle is a motor home, camper trailer, or travel trailer and is either being prepared prior to a trip or being unloaded, cleaned or prepared for storage upon return from a trip.

§ 190-86 Purpose and intent.

A. 
The Village of Honeoye Falls recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of Village residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise and enhancing property values and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the Village of Honeoye Falls.
B. 
It is the purpose of this section to:
(1) 
Establish minimum standards and criteria for landscaping for multifamily and nonresidential development in the Village, including parking areas.
(2) 
Dissuade the unnecessary clearing and disturbing of land to preserve the natural and existing growth of flora.
(3) 
Ensure the replacement of removed flora, or to establish new flora, that is indigenous to the Western New York region.
(4) 
Reduce the effects of wind and air turbulence, noise and the glare of automobile lights.
(5) 
Provide unpaved areas for the absorption of stormwater runoff and prevent soil erosion and avoid the blighted appearance of parking areas.
(6) 
Conserve and stabilize property values, preserve a healthful environment, and facilitate the creation of a convenient, attractive and harmonious community environment.

§ 190-87 Applicability.

A. 
All nonresidential and multifamily development activity subject to site plan review shall meet the requirements of this article.
B. 
The Conservation Board of the Village of Honeoye Falls may review and provide recommendation on all landscape plans and requirements upon request by the ZBA. Such recommendation shall be submitted to the ZBA in writing.

§ 190-88 Landscape plan requirements.

A. 
A landscape plan shall be submitted and approved as a part of the site plan review process.
B. 
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(1) 
Existing and proposed structures and uses;
(2) 
Parking areas and access aisles;
(3) 
Refuse disposal areas/dumpsters;
(4) 
Outdoor storage areas;
(5) 
Drainage patterns; and
(6) 
Provisions for visual and noise screening.
C. 
The landscape plan shall delineate the location and description of all existing and proposed trees, shrubs and plantings. To insure proper protection of plantings and planted areas, landscape materials to be used on the site shall be identified in a planting schedule to be included on the landscape plan with the following information:
(1) 
Type;
(2) 
Common and botanical names;
(3) 
Size;
(4) 
Quantity; and
(5) 
Pit or bed treatment.
D. 
The landscape plan shall include all existing plant materials that are to be removed from the site and such other information as may be required by the ZBA or CEO.
E. 
Landscape plans should include a variety of trees, shrubs, and ornamental planting (annuals and perennials) as part of the site design. The mixing of trees and shrubs helps to avoid a uniform, unnatural appearance, and to protect against extreme loss due to disease or infestation.
F. 
The landscape plan must be prepared, signed and stamped by a professional, New York State licensed or registered landscape architect, certified nurseryman or landscape designer.
G. 
Upon approval of the landscape plan by the Village, the property owner agrees to install and perpetually maintain the approved landscape design and materials for the duration of the approved use.
H. 
All landscaped areas approved by the Village shall be preserved according to the landscape plan. Flora that dies shall be replaced within the next planting season with materials of a similar nature.

§ 190-89 Appropriate plant material.

A. 
Plant and landscape materials shall be compatible with soil conditions on site and the regional climate. Native plant species are encouraged.
B. 
All grasses, trees, and plant material shall be in accordance with those appropriate for the Plant Hardiness Zone of the Village of Honeoye Falls as defined by the United States Department of Agriculture.
C. 
Under no circumstance shall any site include plant material that is considered by the New York State Department of Environmental Conservation to be a prohibited and regulated invasive species per New York State Law 6 NYCRR Part 575.

§ 190-90 General standards and criteria.

A. 
A minimum ground cover of not less than 25% of the total lot area shall be landscaped with an appropriate balance of trees, conifers, shrubs, ornamental plantings and lawn area to create a naturalized appearance on the site.
B. 
The arrangement and spatial location of landscaped areas shall be designed as an integral part of the site development and disbursed throughout the site, and not just located around the perimeter.
C. 
Existing vegetation and trees (of all sizes and stages of maturity) shall be maintained, wherever possible.
D. 
Plastic or other artificial plantings or vegetation are not permitted.
E. 
Landscape plantings should be designed to stage blooms and have color throughout the growing season.
F. 
Indigenous species shall be utilized to the greatest extent possible, as noted on the species list.
G. 
Provisions for snow removal and snow storage must not adversely impact landscaped areas. Any area damaged as the result of snow removal or storage activities must be fully restored in accordance with the approved landscaping plan within the next planting season.
H. 
Upon approval of the ZBA, ornamental lighting and street furnishing may be incorporated within approved landscaped areas.

§ 190-91 Lawn area.

A. 
Grass areas shall be planted in a species well adapted to localized growing conditions in Monroe County, New York. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded, except that solid sod shall be used in swales or other areas subject to erosion.
B. 
In areas where other than solid sod or grass seed is used, overseeding shall be sown for immediate effect and protection until coverage is otherwise achieved.
C. 
Grass areas shall be procured from new of the year seed crops, free of foreign material or weed seeds.
D. 
Replacement or overseeding mixes shall match or complement the original installation.
E. 
Grass areas shall also provide continuous, uniform, and consistent coverage.

§ 190-92 Building foundation landscaping.

A. 
A mix of landscape plantings shall be installed around all building foundations.
B. 
Plant material shall be placed intermittently against long expanses of buildings walls, fences, and other barriers to soften the effect and to help break up walls with little to no architectural detail to the satisfaction of the ZBA.
C. 
Ornamental plant material, such as flowering trees and shrubs, perennials, and ground covers are encouraged.
D. 
Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.

§ 190-93 Off-street parking areas.

A. 
Parking lots containing 10 or more spaces shall be planted with at least one tree per eight spaces, no smaller than two-inch caliper (trunk diameter at four foot height). Each tree should be located within a landscaped island or median. Large and medium shade trees (no less than eight feet in height at maturity) are recommended. Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended.
B. 
The dimensions of all islands and medians shall be a minimum of eight feet wide at the shortest side to protect plant materials installed therein and ensure proper growth (see Figure 1). Landscaped islands shall be protected with concrete curbing, a minimum of six inches in height.
C. 
Each median or island shall include at least one tree (see Figure 1). Low shrubs and ground covers will be required in the remainder of the landscaped area. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
D. 
Landscaped islands shall be utilized in parking areas to separate parking stalls into groupings of not more than 20 stalls between islands (see Figure 1).
E. 
Parking lots shall be broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks (see Figure 1).
F. 
Parking areas must also be screened along lot lines bordering institutional or residential uses. Such screening shall consist of a landscaped area at least six feet wide, densely planted with a mixture of trees and shrubs to create an effective visual barrier. All trees shall be a minimum of two-inch caliper (trunk diameter) when planted.
G. 
In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the ZBA may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.

§ 190-94 Screening.

A. 
Where any nonresidential use abuts a residential use or district, including off-street parking areas, a buffer of at least five feet in width shall be provided along their common side and rear lot lines. Such buffer shall include at least one of the following screening methods, or any combination thereof to the satisfaction of the ZBA:
(1) 
A minimum six-foot-high stockade, wrought iron, or similar fence material compatible with the character of the area in which the fence is to be placed, to be erected and maintained by the nonresidential property owner along the property line. Fences or walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.
(2) 
A landscaped earthen berm a minimum of two feet high plus plantings for a total height of at least six feet.
(3) 
A compact hedge or other live vegetative barrier of at least six feet in height.
B. 
All dumpsters shall be screened from public view in accordance with the following:
(1) 
Dumpster screening shall include a combination of landscaping and fencing or similar enclosures.
(2) 
Dumpsters shall be secured with gates. Gates shall be kept closed when not in use.
(3) 
Dumpster enclosures must be equal to or taller than the dumpster being screened.
C. 
All mechanical equipment must be screened from public view in accordance with the following:
(1) 
Mechanical equipment located at ground level must be effectively screened with vegetation, low berms, or others measures that are equal to or taller than the equipment being screened.
(2) 
Mechanical equipment that is located on the rooftop shall be effectively screened with parapet walls, decorative fencing and/or gables to eliminate views.
D. 
Loading spaces and delivery areas, such as loading docks, shall be located so as not to be visible from the street or public right-of-way. If not practical, landscaping and buffering treatments, including but not limited to fencing, hedging, plantings, or berms, shall be provided to screen such areas from public view.

§ 190-95 Street trees.

Street trees shall be planted and maintained as provided for in the Village of Honeoye Falls Tree Ordinance.

§ 190-96 Maintenance.

A. 
The property owner, or his designated agent, shall be responsible for the proper care and maintenance and replacement, if necessary, of all landscape materials in a healthy and growing condition.
B. 
Maintenance shall include, but not be limited to: watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
C. 
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the property owner's expense. The replacement shall be of the same species and size unless otherwise approved by the CEO.
D. 
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition; and conserve water to the greatest extent feasible through proper watering techniques.
E. 
Improper maintenance shall be determined through periodic inspection by the CEO. The CEO may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the property owner's.

§ 190-97 Purpose and intent.

A. 
The purpose of this article is to protect and maintain the unique character of the Village of Honeoye Falls and enhance community identity. These standards are intended to achieve building treatments and modifications and encourage site design elements that are consistent with the traditional character of the Village.
B. 
The intent of this article is to improve resident quality of life and promote the Village as a civic space where people are attracted to work, shop and socialize. All nonresidential buildings and structures within the Village shall be designed to achieve the following objectives:
(1) 
Improve the ambience and visual quality of the Village's commercial and mixed-use areas by maintaining and increasing density, encouraging compatible building forms, and promoting consistent streetscape design;
(2) 
Promote a sense of design continuity that appropriately relates development and redevelopment to the historic context, integrity of architecture, and traditional settlement pattern of the community;
(3) 
Utilize elements, details, styles and architectural features for buildings, sites, and public spaces that complement the surrounding area and maintain a sense of place;
(4) 
Utilize predominant building materials and architectural features found in the community as a guide in determining appropriate materials for structural or site modifications and new construction;
(5) 
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program; and
(6) 
Retain, reflect, and enhance the dominant aesthetic character and visual quality of surrounding development and neighborhoods currently present within the Village.
C. 
While these standards do not mandate or prohibit any particular architectural style, the community has expressed a preference for architectural styles that relate to the original architecture found in the Village core. New construction should strive to reinforce the coherence of the development area while harmonizing with existing historic character. This can best be achieved by varying the details from building to building while emulating the range of building types exemplified by the original structures and reinforced by these standards.
D. 
Applicants should refer to these standards as a source of inspiration, innovation, and distinctive solutions when undertaking changes, modifications, or adaptive reuse of buildings and properties.

§ 190-98 Applicability.

A. 
The standards and guidelines contained within this article shall be applied to all nonresidential development and redevelopment occurring within the Village of Honeoye Falls, including multifamily dwellings.
B. 
The nonresidential design standards for the Village of Honeoye Falls are to be applied as part of site plan review (Article XVIII).
C. 
For the purposes of this article, the term "original structure" shall refer to all local landmarks and structures in the Honeoye Falls Historic District as listed on the National Register of Historic Places (NR #93NR00451).
D. 
Civic buildings are publicly and privately owned buildings that contain civic uses considered to support the common good. Civic uses may be educational, cultural, religious or governmental. Civic buildings often have a ceremonial quality and their design rarely fits into the norm of the typical commercial and residential structures that are regulated by this article. For this reason, new civic buildings may be granted waivers from the standards if deemed appropriate by the ZBA.

§ 190-99 State and national historic register considerations.

A. 
Where property within the Village is located within the Honeoye Falls Historic District, it is recommended that the property owner seek guidance from the NYS Historic Preservation Office to take advantage of rehabilitation tax credit programs.
B. 
The requirements of this article may be waived by the ZBA if sufficient evidence is provided by the applicant that:
(1) 
The property is located within the Honeoye Falls Historic District;
(2) 
The proposed development is compliant with the Secretary of the Interior's Standards for Rehabilitation; and
(3) 
The project is either approved or anticipated to be approved by the National Park Service.

§ 190-100 Applicant and review procedures.

A. 
It shall be a requirement of the review process that the applicant demonstrate their compliance with these standards and guidelines to the satisfaction of the ZBA.
B. 
The ZBA reserves the right to consult with any other board, committee, department, agency, and/or official it deems advisable for the purposes of design review and considerations.
C. 
The ZBA may engage the services of engineers, planners, architects, or other design professionals to aid in the consideration of all nonresidential development. The applicant shall reimburse all costs incurred for such professional services to the Village.
D. 
The following shall be provided in addition to the application requirements of site plan review:
(1) 
Photographs of the site and building which clearly show exterior details.
(2) 
Photographs of adjacent buildings or properties.
(3) 
Architectural drawings of the proposed exterior changes which clearly illustrate exterior materials, material dimensions, colors, height, and lighting and include an accurate scale.
(4) 
Material details, specification sheets, and product literature/samples.
(5) 
Any available historical information regarding the history of construction, use, and/or modification of the building in question.

§ 190-101 Building placement and orientation.

"Placement" refers to how a building is situated on the lot. "Orientation" refers to the location of a building's main axis, or primary facade. Building placement and orientation is a crucial part of the interface of private building facades with public thoroughfares, which shape a compact, walkable public realm. The placement and orientation of nonresidential buildings shall be in accordance with the following:
A. 
The placement of buildings shall follow the minimum and maximum front yard requirements in Articles IV, V and VI of this chapter. Relief from this provision may be provided for historically appropriate architectural elements and pedestrian amenities, such as recessed entries or chamfered corners, as deemed appropriate by the ZBA.
B. 
The primary facade shall be oriented to the street, or at the same orientation as adjacent original structures.
C. 
Buildings situated at street corners shall "wrap" the corner by continuing certain facade elements (such as the cornice or horizontal accent bands) on all street elevations (see Figure 1).
D. 
All new buildings in the Central Business District with frontage along public streets shall have retail frontages along those streets. Retail uses are not required in such buildings, but the design of the building is required to be suitable for retail or other pedestrian-oriented uses.

§ 190-102 Building massing and form.

"Massing" and "form" refer to the volume and shape of a building. Buildings should provide visual interest that engages pedestrians and others to promote activity and business vitality. Wherever possible, new development should enhance the visual quality of the site on which it is located, as well as the character of the surrounding area. The massing and form of nonresidential buildings shall be in accordance with the following:
A. 
All nonresidential development shall be of a similar height and massing to those of existing original structures in the district. There should be no abrupt changes in height from adjacent structures.
B. 
All nonresidential development within the Central Business District shall be at least two stories in height so as to achieve a strong visual "street edge."
C. 
A building frontage shall have a transition line. A transition line is a horizontal architectural element, such as a cornice, balcony or change in material, which spans the full width of the facade, and creates a distinction between the first and second stories. Transition lines shall be designed in proportion to the overall height and width of the proposed building and shall relate to adjacent original structures or buildings constructed in accordance with this article. The ZBA may waive this requirement for buildings without retail frontage.
D. 
A single, large, dominant building mass shall be avoided. No facade that faces a street shall have a blank, uninterrupted length exceeding 40 feet without including architectural features such as columns, ribs, pilasters, piers, or changes in plane, in texture or masonry pattern, or an equivalent element that subdivides the wall into pedestrian-scaled proportions (see Figure 2).
E. 
All buildings shall exhibit a clearly defined base, midsection, and crown. This can be accomplished using a combination of architectural details, materials, textures, and colors (see Figure 3).
F. 
Buildings which are "squat" in proportion or which have very strong horizontal elements that dominate the facade are discouraged.
G. 
The design of new structures should avoid mimicking the architectural style and appearance of original structures, but rather complement the design by utilizing similar massing, form, fenestration, and architectural design elements.

§ 190-103 Roof styles and treatments.

Roof styles and treatments of nonresidential buildings shall be in accordance with the following:
A. 
A building frontage shall have a roofline. A roofline is an architectural element, such as a cornice, parapet or change in material, which creates a distinction between the top of the building and the lower floors. Rooflines shall be designed in proportion to the overall height and width of the proposed building and, where practicable, shall relate to existing adjoining original structures or buildings constructed in accordance with this article.
B. 
Longer buildings shall provide fluctuations in the roofline which break up the long run of the facade and which attract attention to key places such as entryways.
C. 
Flat roofs shall slope to the back of the building to provide proper drainage and shall include a historically appropriate ornamental cornice.
D. 
Peaked or gable roofs shall have historically appropriate overhangs. The use of ornamental brackets is encouraged.
E. 
Eaves shall include design detail to add visual interest.
F. 
Air-handling equipment, antennas, satellite dishes and other mechanical equipment shall be placed or screened in such a manner so as not to be visible from the street.
G. 
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.

§ 190-104 Facade composition and fenestration.

The arrangement of facade elements should be so designed to create a recognizable and consistent composition. "Fenestration" refers to the depth, spacing, and rhythm of openings on a facade. A building facade serves as the interface between the public realm and the interior space of the building and should be compatible with the character and context of the surrounding area. Proper facade composition creates visual interest and adds character to a facade, providing visibility into the building interior, particularly for retail uses, contributing to the pedestrian, bicyclist, and motorist experience throughout the Village. Nonresidential building facades and elements of fenestration shall be in accordance with the following:
A. 
All façade elements.
(1) 
New building facades facing streets, pedestrian walkways or waterways shall be active. Active building facades shall include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building frontage.
(2) 
The rhythm of openings on a facade shall observe the sizes, rhythms, and proportions of elements typical of original structures.
(3) 
Facade elements such as windows and bays shall be of a consistent proportion to each other. Elements which share a common area (e.g., all of the windows at the base level) shall be of a consistent proportion and size as well.
(4) 
The use of depth is encouraged to highlight facade openings such as windows to create a three-dimensional relief which produces shadows. Windows shall not be mounted flush to the exterior of the facade.
(5) 
Pairs of window shutters may be used if determined to be typical of the style of building. Shutters shall appear to actually cover the entire window opening when closed. Shutters shall not be mounted flush to the exterior of the facade but hung as if they were functioning on a hinge.
(6) 
Along primary facades, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finished wood, cement fiber clapboard, stucco or glass.
(7) 
The use of opaque, mirrored, or tinted glass with less than 50% light transmittance is prohibited. If screening is necessary, interior blinds or curtains are encouraged.
(8) 
No more than three exterior building materials should be used on any one facade of a building.
(9) 
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
(10) 
Buildings that are located on a street corner are considered to have two primary facades.
B. 
First floor. Includes the area of facade below the transition line.
(1) 
The first-floor levels of a facade shall provide the highest amount of facade openings and articulation.
(2) 
Along primary facades in the area between two feet and eight feet from the ground the following shall be provided as minimum levels of transparency (see Figure 4).
(a) 
Commercial or mixed uses: 60% of the wall area.
(b) 
Industrial uses: 30% of the wall area.
(c) 
Multifamily uses: 30% of the wall area.
(3) 
Awning or transom windows are encouraged at the street level.
(4) 
Street-level residential occupancies of mixed-use structures are prohibited in the Central Business District.
C. 
Upper floors. Includes all facade area above the transition line.
(1) 
The facade for the upper floors shall incorporate a minimum of 30% but no more than 40% of transparent glass openings or the average of such on nearby original structures, whichever is greater (see Figure 4).
(2) 
The spacing of upper-floor openings shall match that of the major entrance and design elements on the first floor.

§ 190-105 Storefronts and entryways.

Properly designed and maintained storefronts and entryways contribute to the positive image of a commercial or industrial district. They can attract impulse customers, contributing to the economic prosperity of the business, as well as the surrounding area. Nonresidential building storefronts and entryways shall be in accordance with the following:
A. 
Primary entrances shall face the street and be so located to afford direct access from the sidewalk, where applicable.
B. 
Corner buildings may have two separate entry points or a single-entry point at the corner.
C. 
Doors that contain at least 30% transparent glass shall be used for any new and redeveloped nonresidential building entrances on the primary facade. Opaque doors may be used for access to upper floors.
D. 
Entrances for upper floors shall be distinguished from entrances for first-floor uses.
E. 
Storefront construction should be recessed enough at the point of entry to allow the door to swing out without obstructing the sidewalk.
F. 
Awnings and canopies shall be designed to fit the window, door, or storefront openings that they are intended to cover and shall not be placed in a manner that obstructs the view of facade design elements.

§ 190-106 Building materials, textures and colors.

All building materials, textures, and colors utilized in nonresidential developments or redevelopments are subject to the following:
A. 
Building facades shall be constructed of durable materials such as brick, stone masonry, terra cotta, stucco, fiber cement (panels, siding and trim boards) or finishing wood.
B. 
Building materials, textures, and colors shall be compatible with adjacent original structures so as not to detract from existing historic character.
C. 
The use of stucco, vinyl siding, plastic panels, sheet metal, clear-coated aluminum, stainless steel, mirrored glass, plywood panels, concrete block, or smooth concrete is prohibited.
D. 
All brick, stone, concrete, or other masonry materials shall also match the size, color, and style of existing original masonry elements.
E. 
All wooden materials shall be finished using either stain or paint to match the color and style of existing original wooden elements.
F. 
All metal materials shall be finished and colored to match original structures.
G. 
Masonry that has not previously been painted shall not be painted unless deterioration has progressed so far that a protective surface coating is needed. In such cases, a breathable masonry paint or stain shall be used. Masonry that has previously been painted shall be repainted with a breathable masonry paint or restored to unpainted masonry.
H. 
If paint is to be removed from masonry surfaces, the gentlest effective paint removal method available shall be employed so as to avoid damage to historic masonry and mortar. Sandblasting and similar methods shall never be employed.
I. 
The use of alternative energy materials and systems, such as solar panels or shingles, is encouraged. Their installation shall be incorporated into the design of the building so as not to detract from the architectural style and detailing.

§ 190-107 Rehabilitation and reuse of original structures.

The following additional regulations shall apply to the rehabilitation and reuse of existing original structures.
A. 
Each property shall be recognized as a product of its own time. Alterations that seek to create a false sense of historical development are discouraged.
B. 
Additions or alterations to structures shall be constructed in such a manner that, if removed in the future, the essential form and integrity of the structure and the site would be unimpaired.
C. 
Design elements on original structures shall not be altered or covered in a manner that would adversely impact the facade and architectural character of the structure.
D. 
Existing original structure architectural elements and features shall be retained to the greatest extent practicable. Removal of original elements must be approved by the ZBA.
E. 
Existing original structure architectural elements and features of buildings that are in need of repair or replacement shall be done so in kind by either reusing original materials or duplicating the design and materials of the original as closely as possible, unless otherwise permitted by the ZBA.
F. 
In the event that original structure architectural elements or features have previously been removed or altered from their original state, subsequent efforts to repair or replace these elements shall be done to return the structure to its original specifications as closely as possible.
G. 
Original structure window, storefront, and door openings shall not be reduced in size or covered.
H. 
Original structure window, storefront, and door openings that have been covered or filled in on a building facade shall be restored.
I. 
Lowered ceilings shall have a soffit at each window that allows retention of the full window height.

§ 190-108 Transitions to residential uses.

In addition to the design standards and guidelines of this article and requirements set forth by this chapter for landscaping, screening, and buffering of nonresidential uses, all nonresidential development shall employ building and site design standards to ensure compatibility with adjacent residential development. To the maximum extent practicable, nonresidential development shall use at least three of the following techniques when developed adjacent to a residential use:
A. 
Similar building setback;
B. 
Similar building height;
C. 
Similar roof form; and
D. 
Similar exterior materials.

§ 190-109 Purpose and intent.

A. 
Purpose. Good outdoor lighting benefits everyone. It increases safety, promotes the Village's character, and enhances security. Improperly designed or installed lighting systems can result in excessive glare, light pollution, light trespass, and lead to higher energy costs. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy. Light pollution reduces enjoyment of the night sky. Lighting systems that minimize glare and provide uniform lighting at lower illumination levels will result in pleasing environments that are safe and secure. There is a need for lighting regulations that recognize the benefits of good outdoor lighting and provides clear guidelines for its installation to allow the use of property without the interference of light.
B. 
Intent. The intent of this article is to eliminate problems created by improperly designed and installed outdoor lighting. It is intended to minimize glare and light trespass. All commercial, residential, and community exterior lighting systems shall be installed with the goal of being a "good neighbor," with no unnecessary light shining onto adjacent properties or streets. Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Village of Honeoye Falls and complement the Village's character.

§ 190-110 Conformance with applicable codes.

A. 
Outdoor illuminating systems shall be designed and installed in conformance with the latest provisions of this article, New York State Building Code, National Electrical Code, and Village of Honeoye Falls Code, as applicable.
B. 
All existing outdoor lighting systems that do not comply with the requirements of this article that were lawfully installed and operable prior to the effective date of this article shall be considered a preexisting nonconforming outdoor lighting system. Preexisting nonconforming outdoor lighting systems shall be permitted to remain in their current state without any change whatsoever. It is the intent of this provision to allow the continued use and reuse of properties with preexisting nonconforming outdoor lighting systems without mandating full compliance with the provisions of this article.
C. 
Any change to a preexisting nonconforming outdoor light's luminaire type, lamp type, whole or partial fixture replacement or any structural alteration shall require the entire fixture to conform to all applicable requirements of this article.
D. 
Any change in use to an existing property that includes renovations, alterations, additions or other modifications or improvements to the existing building and related site and cumulative modifications completed within a two-year period whose construction value exceeds 50% of the replacement value of the existing building and site improvements shall require all existing outdoor lighting systems to be replaced or modified as required to fully comply with all applicable requirements of this article.
E. 
All existing outdoor lighting at single- and two-family dwellings shall be exempt from this article. All new outdoor lighting and modifications to existing lighting systems at single- and two-family dwellings shall comply with all applicable requirements of this article.
F. 
Incandescent luminaires with lamp wattage of 100 watts or less are exempt from this article.

§ 190-111 Control of glare.

Outdoor lighting systems shall comply with the following:
A. 
The maximum height of any luminaire shall not exceed 20 feet above grade level.
B. 
The maximum candela value of all exterior luminaires shall fall within the property line.
C. 
Any luminaire facing a neighboring property shall be shielded to keep direct glare from said property.
D. 
The use of IESNA-designated full cutoff luminaires is required for lamp packages with more than 3,500 initial lumens and shielding shall be provided for all luminaires with lamps having more than 1,000 initial lumens.
E. 
Any luminaire within a distance of 2.5 times the mounting height from the property boundary shall have full shielding.
F. 
The maximum illuminance levels for outdoor lighting systems, when measured on a vertical plane at five feet six inches above grade level at the property boundary, for the Village zoning districts shall be as set forth below:
Districts
Before 11:00 p.m. or During Business Hours
After 11:00 p.m. or After Business Hours
R-1, R-2, R-3, R-4
1 lux (0.1 fc)
1 lux (0.1 fc)
NB, CB
3 lux (0.3 fc)
1 lux (0.1 fc)
GB, LI, MI
8 lux (0.8 fc)
2 lux (0.2 fc)

§ 190-112 Illumination levels.

A. 
The color temperature of lamps used in outdoor illumination shall be equal to 3,900K or less.
B. 
All exterior lighting shall contain automatic lighting controls to turn off or reduce the illuminance level of lighting for all nonresidential structures or uses.
C. 
The maximum average horizontal illuminance measured at ground level and maximum average to minimum uniformity ratios in the Village zoning districts shall be as follows:
Districts
Maximum Average Horizontal Illumination During Business Hours or Before 11:00 p.m.
Maximum Average to Minimum Uniformity Ratio
R-1, R-2, R-3, R-4
4 lux (0.4 fc)
6:1
NB, CB
5 lux (0.5 fc)
4:1
GB, LI, MI
10 lux (1.0 fc)
3:1

§ 190-113 Submission of lighting plans.

A. 
Required contents. The applicant for any permit required by any provision of the laws of the Village of Honeoye Falls in connection with proposed work involving outdoor luminaires shall submit evidence that the proposed work will comply with this article. The lighting plan shall contain but shall not necessarily be limited to the following:
(1) 
Scaled photometric plan showing iso-footcandle curves and/or a point-by-point illumination grid at grade level. Provide a calculation summary indicating average, minimum, and maximum illumination levels as well as average-to-minimum uniformity ratio. The plans shall indicate the mounting height and location of all luminaires on the premises and clearly show property boundaries.
(2) 
A luminaire schedule listing the type of luminaire, height and type of pole, and type and wattage of lamp.
(3) 
Description of the luminaire, lamps, supports, reflectors, lighting controls, and other devices and the description may include, but is not limited to, catalog cuts and photometric information for each luminaire.
(4) 
The submission provisions of this article shall not apply to outdoor lighting for single- and two-family dwellings.
B. 
Additional requirements. The ZBA may require additional documentation to ensure that the plans comply with the provisions of this article.
C. 
Subdivision certification. If any subdivision proposes to have installed street or other common or public area outdoor luminaries, the final plat shall contain a statement certifying that the applicable provisions of this article are adhered to.
D. 
Lamp or fixture substitution. Should any luminaires or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the ZBA for its approval, together with adequate information to assure compliance with this article, which must be received prior to substitution.

§ 190-114 Special uses.

A. 
Recreational facilities. Any light source permitted by this article may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts or show areas, provided all of the following conditions are met:
(1) 
Luminaires for parking lots and other areas surrounding the playing field, court, or track shall comply with this article.
(2) 
All luminaires used for event lighting and parking areas shall be shielded as defined in § 190-111 of this article.
(3) 
All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
B. 
Outdoor display. Any luminaires permitted by this article may be used for lighting of outdoor display which are permitted by the Village Code such as, but not limited to, automobile sales or rental, recreational vehicle sales, or building material sales, provided all of the following conditions are met:
(1) 
Luminaires for parking lots and surrounding areas shall comply with this article.
(2) 
All luminaires used for display lighting shall be shielded as defined in § 190-111 of this article.
(3) 
The maximum average horizontal illumination level when measured at ground level during business hours or before 11:00 p.m. shall not exceed 10 footcandles in the first row adjacent to roadways and five footcandles in other rows and entrances. The maximum-to-minimum uniformity ratio shall not exceed 5:1 in the row adjacent to roadways and 10:1 in other rows.
(4) 
Display lot luminaires shall be turned off within 30 minutes after closing of the business. Under no circumstances shall the full illumination of the lot be permitted after 11:00 p.m.
(5) 
Under no circumstance shall the lighting system cause glare on adjacent roadways nor create nuisance glare to surrounding properties as determined by the ZBA.
C. 
Service stations. The maximum average horizontal illumination level, measured at ground level, for lighting systems for automobile service stations, including fuel dispensing areas, shall not exceed five footcandles. All canopy-mounted luminaires at the fuel dispensing area shall be turned off at 11:00 p.m.
D. 
Security lighting. Any lighting used after 11:00 p.m. shall be used as security lighting and the maximum illumination level shall not exceed 0.2 footcandle when measured on a vertical plane five feet six inches above grade level at the property boundary.

§ 190-115 Temporary exemption.

A. 
Any person may submit a written request to the ZBA demonstrating a need for a temporary exemption from the provisions of this article. A temporary exemption request shall contain the following information:
(1) 
Specific exemption or exemptions requested;
(2) 
Type and use of luminaires involved;
(3) 
Duration of time requested for the exemption;
(4) 
Type of lamp and calculated lumens;
(5) 
Total wattage of lamp or lamps;
(6) 
Proposed location on premises of the luminaries;
(7) 
Previous temporary exemptions granted;
(8) 
Physical size of luminaires and type of shielding provided;
(9) 
Such other data and information as may be required by the ZBA;
(10) 
The public and/or private benefits that will result from the temporary lighting; and
(11) 
Any annoyance or safety problems that may result from the use of the temporary lighting.
B. 
ZBA response. The ZBA shall have 30 business days from the date of submission of a request for temporary exemption to act. If approved, the exemption shall be valid for a period not greater than 30 days. An approval may be renewed, upon written request, for one additional period not greater than 30 days. The ZBA may grant only one temporary permit and one renewal within any twelve-month period.

§ 190-116 Other exemptions.

A. 
Holiday lighting. Luminaires used for holiday decorations are exempt from the requirements of this article.
B. 
State and federal facilities. Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government or the State of New York, or any department, division, agency or instrumentality thereof, are exempt from all requirements of this article. Voluntary compliance with the intent of this article at those facilities is encouraged.

§ 190-117 Purpose and intent.

A. 
Purpose. The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Village. These standards are designed to protect and promote the public welfare, health and safety of the public and to aid in the development and promotion of business, industry, and community by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.
B. 
Intent. The intent of this article is to achieve the following objectives:
(1) 
Ensure right to free speech as protected under the Constitution;
(2) 
Establish a clear and impartial process for those seeking to install signs;
(3) 
Promote the safety, comfort and well-being of the users of streets, roads and highways in the Village;
(4) 
Protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community;
(5) 
Provide structures and uses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
(6) 
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
(7) 
Discourage excessive visual competition in signage and ensure that signs aid orientation and adequately identify uses and activities to the public; and
(8) 
Enforce and encourage the objectives and goals of the Village's Comprehensive Plan.

§ 190-118 Applicability.

A. 
The regulations of this article shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation and removal of all signs within the Village visible from any street, sidewalk, public right-of-way, or public space.
B. 
The provisions of this article shall not apply to safety signs, road signs, historical markers, or highway directional signs erected by municipal or public agencies.
C. 
This article shall in no event be construed to prohibit the temporary decoration of premises in any district during religious, patriotic or holiday seasons in a customary manner.
D. 
If any portion of this article is found to be in conflict with any other provision of any zoning, building, fire safety or health law of the Village or other local or state agency, the provision which establishes the higher standard shall prevail.

§ 190-119 Permit requirements.

A. 
Permit required. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the CEO or their designee.
B. 
Permit exceptions. The following actions shall not require the issuance of a sign permit, provided such maintenance, changes, or alterations do not in any way alter the physical size, design, or nature of the sign:
(1) 
Normal maintenance and repair of a sign not involving structural or design changes, including, but not limited to, repainting, repairing, changing of parts, or cleaning.
(2) 
Changes to the content of window displays and permitted temporary signs.
(3) 
Changes in the sign user, owner, or owner of the property on which the sign is located.
C. 
Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the CEO.
D. 
Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit. The CEO may grant an extension, provided the applicant submits a written request with sufficient reason for the delay in construction.
E. 
Revocation. The CEO, at any time for a violation of this article, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice, otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.

§ 190-120 Permit applications.

A. 
Application submittal.
(1) 
Sign permit applications shall be submitted to the CEO on the appropriate forms provided by the Village of Honeoye Falls.
(2) 
Incomplete applications will not be processed. The CEO shall provide written or electronic notice of application deficiencies to applicants. If such deficiencies are not corrected within 30 days of notice, the application will be considered withdrawn.
B. 
Application requirements. The following shall be provided in all sign permit applications. The CEO may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.
(1) 
Name, address, contact information, and signature of the applicant.
(2) 
Name, address, and signature of the building and/or property owner (if not the applicant), and a statement of consent for the applicant to seek such sign permit.
(3) 
Dimensions and drawings indicating the size, shape, construct, materials, and layout of the proposed sign(s).
(4) 
Site plan and elevations indicating the proposed location and size of the sign(s) drawn to scale.
(5) 
Color illustrations and/or photographs of the proposed sign and sign area.
(6) 
Proposed illumination system, if any, and the type of lighting to be used.
(7) 
All applicable permit fee(s).
(8) 
Any additional site and/or sign information deemed necessary by the CEO for the proper review of such application.
C. 
Fees. A schedule of fees for sign permits may be established and amended from time to time by the Village of Honeoye Falls Board of Trustees.

§ 190-121 Review procedures.

A. 
Administrative review procedures.
(1) 
The CEO or their designee shall issue a decision within 30 days upon receipt of a complete application.
(2) 
Sign applications may be approved, approved with modifications, or denied based on the standards and requirements set forth in this article.
(3) 
A sign permit shall be issued only when an application therefor has been properly made and it is determined that the sign complies with this article and all other applicable local, state, and federal laws and regulations.
B. 
ZBA referral.
(1) 
The CEO may, at his or her discretion, refer any sign application to the ZBA for review and comment.
(2) 
Such review may occur at any regularly or specially scheduled ZBA meeting.
(3) 
The ZBA may issue a written recommendation to the CEO to approve, approve with conditions, or deny such sign application. A copy of the written findings shall also be mailed to the applicant.
C. 
Site plan or special permit review. Developments subject to review and approval under this chapter may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.
D. 
Appeals. Any person aggrieved by a decision for a sign permit by the CEO or their designee may submit an appeal to the Village of Honeoye Falls Zoning Board of Appeals. Such appeal must be made within 30 days of the date of decision.

§ 190-122 Measurement.

A. 
Area of signs.
(1) 
Single sign face. The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or geometric combination thereof that will encompass the extreme limits of the writing, representation, emblem, graphic, and/or other display, together with any material, backdrop, or structure on which it is placed. See Figures 1 and 2.
(2) 
Multifaced signs. In the case of a multifaced sign only one side of the sign is considered in determining sign area if the sides of the sign are back-to-back or diverge at an angle of 45° or less.
(3) 
Structural support. The supporting structure or bracing of a sign shall not be computed as part of the sign area unless such supporting structure or bracing is made a part of the message with the inclusion of any text or graphics. If such is the case, a combination of regular geometric shapes which can encompass the area of said text or graphics shall be included as part of the total sign area computation. See Figures 3 and 4.
B. 
Height of signs.
(1) 
Freestanding sign. The height of a freestanding sign (such as a ground sign or pole sign) shall be calculated by measuring the vertical distance between the topmost edge of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. See Figures 3 and 4.
(2) 
Other signs. The height of an awning, projecting, suspended, wall, or window sign shall be determined by measuring the vertical distance between the topmost edge of the sign face to the bottommost edge of the sign face. See Figures 1 and 2.

§ 190-123 Safety provisions.

All signs shall be designed, constructed, and located in accordance with the following criteria to protect the general health, safety, and welfare of the public:
A. 
No sign shall be erected, constructed, or maintained so as to obstruct free egress from a window, door or fire escape, to interfere with any opening required for ventilation, or to become a menace to life, health or property.
B. 
No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.
C. 
No sign shall be of a shape, color, or design that may be confused with any federal, state, or locally authorized traffic control sign or device.
D. 
No rotating beam, beacon, or flashing illumination shall be used with any sign.
E. 
Signs shall maintain clearance from high-voltage power lines.
F. 
The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with the requirements of the NYS Uniform Code and National Electrical Code, as applicable.
G. 
The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the Village CEO or their designee.

§ 190-124 Location.

A. 
No sign may be posted on public property or within a public right-of-way unless otherwise provided for by this article or approved by the Village Board.
B. 
No sign may be affixed to any tree, shrub, rock, or other natural object.
C. 
No sign shall cover or cause the removal of architectural details such as, but not limited to, arches, sills, moldings, cornices, and transom windows.
D. 
All signs shall be located on the site being promoted, identified, advertised, or otherwise associated with the message of the sign.
E. 
All signs shall maintain a setback of at least six feet from all property lines, unless otherwise noted within this article.
F. 
No signage shall be permitted over three feet in height within the sight triangle of any intersection or driveway. The sight triangle shall have dimensions of six feet from the intersection of the right-of-way or property lines at such corner or driveway. See Figure 5.

§ 190-125 Design and construction.

A. 
All signs shall be constructed of permanent, weather resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this article.
B. 
Where applicable, signs shall be supported by structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the NYS Uniform Code. Sign support structures may be subject to review and approval by the Village CEO or their designee.
C. 
No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted metal. All wood components of signs must be sealed and protected from the elements.
D. 
DayGlo and fluorescent colors are prohibited. Signs are encouraged to utilize light-colored lettering on dark backgrounds to maximize legibility and use no more than three colors to reduce visual clutter.

§ 190-126 Illumination.

A. 
In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
B. 
All lighting fixtures shall be shielded and directed so as not to cast an illumination of more than two footcandles on adjacent nonresidential properties or more than 0.1 footcandle on adjacent residential properties.
C. 
Intermittent illumination or illumination which involves movement, or causes the illusion of movement resulting from the arrangement of lighting, is prohibited.
D. 
The use of internal illumination or channel lettering shall be prohibited. Reverse channel lettering may be utilized as permitted by this article for certain sign types and districts.
E. 
External lighting fixtures for freestanding signs may be mounted on the ground or on the sign, but shall be so directed and shielded to illuminate the sign face only.
F. 
Overhead wires or exposed wires on a sign or its supporting structure are prohibited.

§ 190-127 Prohibited signs.

The following signs are prohibited within the Village:
A. 
Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.
B. 
Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.
C. 
Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on or over any public street unless otherwise permitted by this article.
D. 
Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located.
E. 
Any sign that is located off-premises from the use and/or structure to which it serves, unless otherwise permitted by this article.
F. 
Any sign that contains words or pictures of an obscene or pornographic nature.
G. 
Any sign that emits audible sounds, odor, or visible matter.
H. 
Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.
I. 
Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflective material.
J. 
Any internally illuminated sign, except signs utilizing reverse channel lettering.
K. 
Any sign that is mounted on wheels or mounted on any structure on wheels.
L. 
Any sign that is painted directly on a wall, fence, or other structure.
M. 
Any sign erected upon or projecting above the roof of a structure.
N. 
Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is utilized as temporary signage subject to the regulations of § 190-130G.

§ 190-128 Signs authorized without a permit.

The following types of signs may be erected in the Village without obtaining a sign permit. Although permits are not required for these signs, they shall conform to the requirements of this article or may be subject to removal by the CEO.
A. 
Directional signs. Signs that provide direction to pedestrians, bicyclists, or motorists shall not require a sign permit, provided the following conditions are met. Such signs may include but are not limited to signs providing direction to parking, restrooms, walkways, entrances, or exits.
(1) 
Directional signs shall be located entirely on the property to which they pertain and shall not contain a commercial message (e.g., business name).
(2) 
The total of directional signs on any one property shall not exceed an area of six square feet in a residential district, or 16 square feet in a nonresidential district.
(3) 
Directional signs shall not exceed three feet in height.
(4) 
Directional signs may not extend above the first floor of any given structure or project beyond property lines.
(5) 
Illumination of directional signs shall require the issuance of a sign permit.
B. 
Gasoline pump signs. Signs attached to a gasoline pump shall not require a permit, provided they do not exceed six square feet in area and are not illuminated.
C. 
Governmental signs. Any official sign, public notice, or warning sign supported by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: NYS inspection station or authorized repair shop identification.) There are no size requirements or time limits for governmental signs.
D. 
Internal signs. Signs within a building or structure not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.
E. 
Lawn signs. Lawn signs shall be allowed on any lot without a permit, provided it is in conformance with the following:
(1) 
No single sign exceeds three feet in height and six square feet in area.
(2) 
No sign is displayed for more than 60 days in a ninety-day period.
(3) 
No sign is illuminated.
(4) 
The cumulative area of all signs on the lot does not exceed 12 square feet.
F. 
Neon signs. Neon signs are permitted in nonresidential districts, provided they conform to the following:
(1) 
No more than one neon sign per window, covering no more than 10% of the window area.
(2) 
No more than two neon signs per use.
G. 
Noncommercial signs. Any sign that does not contain a commercial message shall not require the issuance of a sign permit, provided such sign is in conformance with the following:
(1) 
There is no more than one sign per use.
(2) 
The sign does not exceed three feet in height and six feet in area.
(3) 
The sign is not illuminated.
H. 
Sandwich board signs. Sandwich board signs shall not require a permit, provided the following conditions are met:
(1) 
There is no more than one per use.
(2) 
The sign is not illuminated.
(3) 
The sign does not exceed three feet in height and two feet in width.
(4) 
The sign is not located in the public right-of-way, unless such use is located within the Central Business District, and does not impede visibility or access of pedestrians, bicyclists, or motorists.
(5) 
The sign is brought in each day at the close of business.

§ 190-129 Regulations by zoning district.

A. 
The following table indicates the number and types of signs permitted in the Village of Honeoye Falls zoning districts, as established by this chapter.
(1) 
A fully filled dot indicates that the sign type is permitted and may be illuminated.
(2) 
An outline of a dot indicates that the sign type is permitted but may not be illuminated.
(3) 
A "-" indicates that the sign type is not permitted.
Maximum Number
Awning
Ground
Pole
Projecting or Suspended
Wall
Window1
Temporary1
Digital
Residential Districts (R-1, R-2, R-3, R-4)
Per use
1
Business Districts (NB, CB, GB)
Per use
3
GB •
Industrial Districts (LI, MI)
Per use
2
Requirements by sign Type see § 190-34.14
A
B
C
D
E
F
G
H
NOTE:
1
Window and temporary signs shall not count towards the allotted signage for any given use.
B. 
The following table indicates the permitted number of signs and sign types for certain development and building configurations. Unless noted as additional signage, these regulations supersede that of the previous Subsection A, regardless of zoning district.
Maximum Number
Permitted Sign Type and Standards
Single-Family or Multifamily Residential Development
Per street entrance
1 (maximum 2)
Ground sign, maximum height 4 feet and maximum area 24 square feet
Mixed-Use or Multitenant Commercial Development
Per use or tenant
3
As permitted in zoning district, except ground signs shall be prohibited
Additional per lot
1
Ground or pole sign, maximum height 15 feet and maximum area 32 square feet
Multistory, Mixed-Use or Multitenant Commercial Building
Per first-floor entrance
2
As permitted in zoning district
Per upper-floor entrance
1
As permitted in zoning district, sign shall be shared by upper-floor uses
Corner Building
Per primary facade or entrance
1 additional
As permitted in zoning district

§ 190-130 Regulations by sign type.

A. 
Awning sign: a sign that is part of or attached to a roof-like protective cover of canvas or other flexible material over a door, entrance, window or outdoor service area that projects from the facade of a structure.
(1) 
All awning signs shall be in conformance with the standards of the following table:
Zoning District
NB
CB
GB
LI, MI
Maximum number (per awning)
1
1
1
Maximum area
Maximum height (inches)
15
15
24
Minimum clearance (feet)
8
8
8
Illumination
Not permitted
Not permitted
Not permitted
(2) 
Awning signs shall be flat against the surface of the awning and may not extend beyond the valence area or be located on the underside of the awning.
B. 
Ground sign: a sign not attached to any building or structure, which may be supported by one or two columns or posts, provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
(1) 
All ground signs shall be in conformance with the standards of the following table:
Zoning Districts
R-1, R-2, R-3, R-4
NB
CB
GB
LI, MI
Maximum number (per lot)
1
1
1
1
1
Maximum area (square feet)
6
12
16
32
32
Maximum height (feet)
3
4
4
8
8
Illumination
Not permitted
External
External
External
External
(2) 
No ground sign shall be permitted on any lot where the principal structure is not set back at least 20 feet from the front property line.
(3) 
The use of reverse channel lettering is permitted in districts allowing illumination of signs.
(4) 
A landscaped area extending at least one foot beyond the width and depth of the sign shall be required at the base of all ground signs.
C. 
Pole sign: a sign not attached to any building or structure supported by one or two columns or posts with a distance exceeding three feet between the ground and the bottommost edge of the sign.
(1) 
All pole signs shall be in conformance with the standards of the following table:
Zoning Districts
R-1, R-2, R-3, R-4
NB
CB
GB
LI, MI
Maximum number (per lot)
1
Maximum area (square feet)
12
Maximum height (feet)
10
Illumination
External
(2) 
No pole sign shall be permitted on any lot where the principal structure is not set back at least 20 feet from the front property line.
(3) 
The use of reverse channel lettering is permitted in districts allowing illumination of signs.
(4) 
A landscaped area of at least four square feet in area shall be required at the base of all pole signs.
D. 
Projecting or suspended sign:
(1) 
A projecting sign is a sign which is wholly dependent upon a building for support and which projects more than six inches but less than 39 inches from such building.
(2) 
A suspended sign is a sign attached to and supported by the underside of a horizontal plane.
(3) 
All projecting and suspended signs shall be in conformance with the standards of the following table:
Zoning Districts
NB
CB
GB
LI, MI
Maximum number (per use)
1
1
1
Maximum area (square feet)
10
10
16
Maximum height (feet)
3
3
4
Minimum clearance (feet)
8; 13 over driveways
8; 13 over driveways
8; 13 over driveways
Illumination
External
External
External
(4) 
Signs which overhang a public right-of-way, including sidewalks, shall be covered by a public liability insurance policy satisfactory to the Village and which names the Village as an insured party.
(5) 
The top of the sign may be suspended in line with one of the following, whichever is the most successful application of scale, linear continuity and visibility as determined by the CEO:
(a) 
Suspended between the bottom sills of the second story windows and the top of the doors and windows of the ground floor; or
(b) 
The lowest point of the roof of a one-story building.
E. 
Wall sign: a sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than six inches from such building or structure.
(1) 
All wall signs shall be in conformance with the standards of the following table:
Zoning Districts
R-1, R-2, R-3, R-4
NB
CB
GB
LI, MI
Maximum number (per use)
1
2
2
3
3
Maximum area (square feet)
6
12
16
1 per linear foot of building frontage or 20% of facade, whichever is less
1 per linear foot of building frontage or 20% of facade, whichever is less
Maximum height (feet)
2
4
4
6
6
Illumination
Not permitted
External
External
External
External
(2) 
Where two or more wall signs are affixed to one wall, the maximum area shall be the sum total of all sign areas.
(3) 
The use of reverse channel lettering is permitted in districts allowing illumination of signs.
F. 
Window sign: a sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within three feet of the window, but shall not include graphics in connection with customary window display of products.
(1) 
All window signs shall be in conformance with the standards of the following table:
Zoning Districts
NB
CB
GB
LI, MI
Maximum number
N/A
N/A
N/A
N/A
Maximum area
25% of window
30% of window
30% of window
30% of window
Illumination
Not permitted
Not permitted
Not permitted
Not permitted
(2) 
Window signs shall be limited to first-floor windows only.
G. 
Temporary sign: a sign which is not intended to be used for a period of time exceeding 30 days and is not attached to a building, structure, or ground in a permanent manner; such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
(1) 
All temporary signs shall be in conformance with the standards of the following table:
Zoning Districts
R-1, R-2, R-3, R-4
NB
CB
GB
LI, MI
Maximum number (per use)
1
1
1
1
1
Maximum area (square feet)
12
24
24
36
36
Maximum height (feet)
3
4
4
6
6
Illumination
Not permitted
Not permitted
Not permitted
Not permitted
Not permitted
(2) 
Temporary signs shall require the issuance of a permit from the CEO.
(3) 
Temporary signs shall not be displayed for more than 30 days in a ninety-day period. The display of a temporary sign may be extended for up to two additional thirty-day periods upon written request to the CEO setting forth the special circumstances requiring such extension.
H. 
Digital sign: a sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs may include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
(1) 
Digital signs shall be permitted only as part of a legal ground or pole sign. The use of digital signs is prohibited in residential districts and the Central Business District.
(2) 
The digital sign component of any ground or pole sign shall not exceed 30% of the total sign area.
(3) 
Digital signs shall display static messages with no animation, no effects simulating animation, and no video.
(4) 
Changes in copy, message, or graphics shall occur no more than once every 12 hours.
(5) 
Each transition shall be accomplished immediately with no fade, scroll, travel, flash, spin, revolve, shake or include any other type of movement or motion.
(6) 
Digital signs shall be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.
(7) 
The illuminance of a digital sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the digital sign off, and again with the digital sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign. All measurements shall be taken at a height of at least five feet and a distance determined by the following calculation. All fractions shall round up to the nearest foot.
(8) 
The difference between the digital sign measurements when off and when displaying a solid-message (using the digital sign measurement criteria) shall not exceed 0.3 footcandle, regardless of ambient lighting conditions.
(9) 
All digital signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.
(10) 
Digital signs shall be programmed or set in such a manner that the display will turn dark and emit no light in case of malfunction.
(11) 
No digital sign shall be located within 50 feet of a residentially zoned property as measured in a straight line from the location of the sign to the nearest residential property line.

§ 190-131 Maintenance and repair.

A. 
All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this article at all times.
B. 
Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of lettering, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the CEO may require its removal.

§ 190-132 Removal of signs.

A. 
Where required by this article, the removal of signs shall be the sole responsibility of the owner of the property upon which the sign is located.
B. 
Signs requiring removal in accordance with this article shall be removed within 30 days of the date of written notice by the CEO. Failure to remove such signs upon notice hereby authorizes the CEO or their designee to effect their removal.
C. 
The CEO may remove any sign that is found to be in violation of this article. The property owner shall subsequently be given written notice of such removal. If the sign is not claimed within 30 days of the written notice, it may be recovered by the owner upon paying the Village for cost of removal and storage and upon payment of any imposed fine. If not recovered within the thirty-day period, the sign or sign structure is hereby declared abandoned and title thereto shall be vested in the Village for disposal.
D. 
Any costs incurred by the Village for the removal of a sign shall be fully reimbursed to the Village of Honeoye Falls by the owner of the property upon which the sign is located. Such costs may be assessed to the property for collection by the Village.

§ 190-133 Nonconforming signs.

A. 
Other than sign maintenance, a sign which does not conform to the sign law shall not be replaced, reconstructed, remodeled, relocated or changed in size unless such action will make the sign conforming in all respects to this article.
B. 
Nothing in this section shall be construed to prevent or discourage repair and maintenance of a nonconforming sign, including sign maintenance, repainting and replacement of broken or deteriorated parts of the sign itself. Supporting structures of nonconforming signs shall not be replaced, unless such replacement will make the sign and sign structure conforming in all respects to this article.
C. 
A nonconforming sign or sign structure which is destroyed or damaged by any casualty may be restored within six months after such destruction or damage only after the owner has shown that the damage did not exceed 50% of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding 50% of the appraised value of the sign, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming in all respects to said sign law.

§ 190-134 Penalties for offenses.

A. 
Violation of any provision of this article or any lawful order of the CEO or their designee shall be subject to a fine of not more than $250 per offense. Each day that such violation continues shall constitute a separate offense. A second violation will result in a fine of $500 per offense. A third violation will result in a fine of $1,000 per offense.
B. 
In the event that the Village Board makes a determination that the property and/or sign owner in violation is actively working with the Village to remedy any and all offenses and has an identified action plan, the Village Board may waive the consideration of each day as a separate offense.