The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.

The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property.

Adequate off-street parking shall be provided.

All other applicable requirements of this chapter shall be met.

The minimum lot area for each townhouse dwelling unit shall be 3,500 square feet.

The minimum lot width at the main building line shall be 25 feet.

The minimum lot depth shall be 140 feet.

Townhouse unit, three bedrooms: 1,000 square feet.

Townhouse unit, two bedrooms: 850 square feet.

A minimum of two paved parking spaces shall be provided for each townhouse dwelling unit, one of which shall be completely enclosed and covered.

Appropriate screening at least six feet in height shall be provided as to prevent glare from headlights.

All public utilities, electric, gas, cable television and telephone lines shall be installed underground.

An adequate supply of public water shall be provided to each Townhouse dwelling unit.

All townhouse dwelling units shall be connected to public sewers.

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibrations, excessive light beyond the immediate site of the building or buildings in which such use is conducted;

Menace to neighboring properties by reason of fire, explosion, or other physical hazard, including radiation;

Harmful discharge of waste materials, including refuse and air-borne or water-borne wastes; or

Unusual traffic hazards or congestion.

The property is in full compliance with the provisions of the Village Code;

The major home occupation is determined to be clearly subordinate to the permitted principal residential use of the premises;

No other major home occupation is conducted upon the premises;

The special use permit must be issued to the owner of the premises who is an actual resident of the premises;

No more than two employees, whether full-time or part-time and whether paid or unpaid, who are not residents of the premises shall be permitted;

Noise. The Board must find that the noise produced by the major home occupation is not likely to create any potentially significant adverse impact upon the adjacent neighborhood; and that the type of noise and times of day of noise generation are not inconsistent with the primary residential use of the premises and the adjacent neighborhood.

Pedestrian traffic. The Board must find that the major home occupation is not likely to produce more pedestrian traffic to and from said premises than would exist in the case of a residence without a major home occupation and that the timing of such traffic is not inconsistent with traffic likely to be generated by the primary residential use.

Vehicular traffic. The Board must find that the major home occupation is not likely to produce significantly more vehicular traffic to and from said premises than would exist in the case of a residence without a major home occupation; and that timing of such traffic is not inconsistent with the primary residential use.

Parking. The Board must find that the major home occupation does not create a need for more than three additional off-street parking spaces. In addition, such off-street parking spaces shall not be provided on the lot in such a manner as to create the backing of vehicles onto a public highway. Furthermore, such off-street parking spaces shall be adequately landscaped so as to provide a visual buffer between the parking spaces and adjacent properties, or public rights-of-way.

Lighting. The Board must find that the major home occupation does not create light trespass onto adjacent properties or public rights-of-way which would be inconsistent with the Village's lighting standards.

Aesthetics. If any change is proposed to the exterior of the building, the Board must find that the change will not materially alter a characteristic architectural feature of the building, such as fascia, window style or roofline.

Trash. The Board must find that the major home occupation does not create additional waste products that are not properly contained within receptacles normally associated with the principal residential use of the premises. Where there is found to be additional waste products associated with a major home occupation that cannot be stored within such receptacles then there must be provision for adequately securing such waste products within a screened and landscaped facility. Such a facility should be located behind the principal dwelling unit, or behind the accessory structure used for the major home occupation and must be effectively screened from adjacent properties and the public right-of-way.

Exterior display. The Board must find that the major home occupation does not involve the exterior display or storage of goods, materials, equipment or inventory.

The size of the lot (i.e., acreage, lot width and depth, shape, etc.);

The size and/or number of vehicles (including machinery) used in connection with such major home occupation;

The density and/or character of the neighborhood and the proximity of neighboring properties and residences;

The necessity for screening and/or buffering of the major home occupation from adjacent properties or public rights-of-way; and

The size and type of highway (i.e., state, county, Village) upon which such major home occupation is located along.

A subsequent home occupation permit is issued;

There is a substantial change in the nature of the home occupation;

The home occupation is not commenced within six months of the issuance of a permit;

The home occupation ceases operation or is discontinued for a period of one year for any reason; and

The person for which the permit was issued to no longer resides on the premises.

On a form provided by the Code Enforcement Officer which has first been approved by the Village Board;

Accompanied by a complete site plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation will be conducted; and

Accompanied by an application fee, in the amount established by the Village Board, prior to the issuance of the permit.

Telecommunications facilities comprised of co-located antennas (and accessory structures) shall be permitted on an existing tower or structure in any of the zoning districts listed above, upon the approval of a site plan by the Planning Board. Where co-location antennas exist, the period of approval for the co-located antenna shall be five years or the authorized franchise period remaining on the permit from the Federal Communications Commission.

Telecommunications facilities requiring construction of a new tower shall require the following permits and/or approvals:

Describe the need in the Village for the proposed structure, its installation and use; and

Describe the appropriateness of the proposed site for meeting said need including factors such as the following:

Identify the geographic coordinates of the tower as further defined on the applicant's FCC license application using either North American Datum (NAD-27) or (NAD-83); and clearly state on the site plan and special use permit application which datum is being used.

Demonstrate that the tower is structurally sound.

Describe how many and what kind of antennas are proposed and how many and what kinds of antennas are possible on the tower.

Demonstrate that the site can contain on-site substantially all icefall or debris from tower failure.

Include a copy of the applicant's FCC construction permit, including any requirements from the Federal Aviation Administration (FAA).

Include a copy of the certificate of need issued by the Public Service Commission.

Include a letter of intent committing the tower owner to negotiate in good faith for shared use by the third parties in the future. This letter, which shall be filed with the Village Code Enforcement Officer prior to the issuance of a special use permit by the Planning Board, shall commit the tower owner and his or her successors in interest to:

Evidence that existing facilities do not have space on which planned equipment can be placed so it can function effectively. This shall include, but not be limited to, the following:

Include a complete environmental assessment and visual addendum which includes:

A site plan map shall be prepared, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:

A special use permit authorizing the expansion of a nonconforming use shall be deemed to authorize only the particular use or uses specified in the permit and shall apply only to the area specified in the permit.

A special use permit issued under this section shall expire within six months from the date of issuance if the nonconforming use is not expanded or enlarged.

To permit solar-energy-generating systems and equipment that provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through "net metering" or "net billing" or a similar program in accordance with New York State Public Service Law § 66-J or similar state or federal statutes;

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To increase employment and business development in the Village of Phelps, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources;

To create synergy between solar and other stated goals of the community pursuant to its Comprehensive Plan;

To decrease the use of fossil fuels, thereby reducing the carbon footprint of the Village of Phelps;

To invest in a locally generated source of energy and to increase local economic value, rather than importing nonlocal fossil fuels;

To align the laws and regulations of the community with several policies of the State of New York, particularly those that encourage distributed energy systems;

To become more competitive for state and federal grants and tax benefits;

To make the community more resilient during storm events;

To aid in the energy independence of the community as well as the country;

To diversify energy resources to decrease dependence on the grid;

To improve public health;

To encourage a sense of pride in the community;

To encourage investment in public infrastructure supportive of solar, such as generation facilities, grid-scale transmission infrastructure, and energy storage sites.

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Village of Phelps after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code ("Building Code"), the New York State Energy Conservation Code ("Energy Code"), and the Code of the Village of Phelps.

Site plan approval by the Planning Board of the Village of Phelps and a building permit issued by the Village of Phelps Code Enforcement Officer shall be required for installation of all solar energy systems.

The Planning Board is encouraged to condition its approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

Issuance of site plan approval by the Planning Board shall include review pursuant to the State Environmental Quality Review Act (ECL Article 8) and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

Roof-mounted solar energy systems. Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Glare. All solar panels shall have anti-reflective coating(s).

Glare. All solar panels shall have anti-reflective coating(s).

Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.

Height: Tier 2 solar energy systems shall not exceed 15 feet in height.

Screening and visibility.

Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

Increase the supply of rental housing in the Village.

Encourage the creation of alternative long-term housing that may meet the needs of persons seeking a smaller dwelling unit.

Encourage a more efficient use of existing housing stock.

Encourage our aging population to "age in place."

Create housing expansion for our local workforce.

Provide options for young and older families.

Protect and preserve property values while preserving the rural character of the Village.

No more than one accessory dwelling unit may be attached to the single-family dwelling on the premises.

No more than one accessory dwelling unit detached from the single-family dwelling on the premises may be constructed on the same premises as the single-family dwelling to which such building is accessory.

No more than one accessory dwelling unit may be constructed by conversion of an existing, detached, accessory building located on the same premises as the single-family dwelling to which such building is accessory.

All accessory dwelling units must meet the dimensional standards applicable to the zoning district in which it is located, regardless of whether the building being converted is a pre-existing, non-conforming building.

One of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the lot owners. Non-individual lot owners, such as partnerships, corporations, trusts, limited-liability companies or other entities, shall be eligible to receive a special use permit for an accessory dwelling unit only if an owner of such entity, whose ownership interest in such entity is equal to or greater than all other owners of such entity, or a trust beneficiary, whose beneficiary interest in such trust is equal to or greater than all other beneficiaries, occupies one of the dwelling units on such lot containing an accessory dwelling unit as such entity owner's or trust beneficiary's principal residence. Lot ownership shall be evidenced by the last deed recorded in the Ontario County Clerk's office. Ownership of an entity shall be evidenced by a partnership agreement, corporate stock ledger or other corporate document providing such ownership information, limited-liability company operating agreement or other documentation that shows the ownership interests in such entity. Interests of trust beneficiaries shall be evidenced by the trust agreement or by a memorandum of trust executed by the trustees of such trust. Evidence that the dwelling is occupied as the person's principal residence may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish a person's principal residence for purposes of voting.

DOH approval. The single-family dwelling and all accessory dwelling units shall be in full compliance with the standards of the Ontario County Department of Health. The Code Enforcement Office shall require a New York State licensed engineer's report that shows the septic system and well on the lot are able to serve all dwelling units on the lot adequately, and that there will be no impact to adjoining properties.

Well. If any of the dwelling units on the lot will have its water supplied by a well on the lot, a water quality test shall be performed by an independent individual or entity qualified to conduct such tests and submitted to the Building Inspector to determine that the water supply is safe for domestic use. The well test shall include an analysis for coliform and residual chlorine. Should coliform be present, a test for fecal coliform shall be required. In the event that such test determines that the water supply is not safe for domestic use, any procedures necessary to make the supply safe shall be completed and a new, independent test provided prior to the issuance of the building permit.

Building code. An accessory dwelling unit shall meet all applicable building codes, including the New York State Uniform Fire Prevention and Building Code.

Parking. An accessory dwelling unit shall have an area available in which to provide adequate off-street parking for the accessory dwelling unit. A minimum of one additional space shall be provided for the accessory dwelling unit, and parking shall be allowed in a location on the lot as required by the Zoning Law, § 175-13, as amended.

Accessory dwelling unit size. Accessory dwelling units 400 square feet or less shall comply with Appendix Q of the NYS Residential Code. Accessory dwelling units between 401 square feet but no more than 720 square feet gross floor area shall comply with the NYS Residential Code construction.

Access. Separate direct access to the exterior shall be provided from the accessory dwelling unit. Access between the single-family dwelling and the accessory dwelling unit is permissible provided any doors providing such access must be "lockable" from both sides.

Lot coverage. The maximum lot coverage for the lot shall not increase by more than 10% through alterations or additions of the single-family dwelling or through the conversion of a detached building to accommodate an accessory dwelling unit. The maximum lot coverage shall not otherwise exceed that required for the zoning district within which the parcel is located.

Bedroom. An accessory dwelling unit shall not contain more than two bedrooms. An efficiency unit (zero bedrooms) with a clearly defined sleeping area but not a fully enclosed bedroom, also, shall be allowed in lieu of providing an enclosed bedroom. No other space shall, in the determination of the Building Inspector, be so configured that it could be used as a third bedroom (e.g., a den, a sewing room, etc.).

A floor plan to scale on the single-family dwelling with the location of the proposed accessory dwelling unit shown thereon. Dimensions shall be provided of the entire single-family dwelling and accessory dwelling unit to determine compliance with the standards set forth herein.

A site plan, prepared in accordance with § 175-11, Site plan review, of this chapter, showing at a minimum the lot boundaries, all structures located on the lot, the location and dimensions of the proposed accessory dwelling unit(s) and all lot dimensions to enable the Village to verify that all lot dimensions for the applicable zoning district will be met. Parking locations shall also be shown on the survey.

Documents acceptable to the Code Enforcement Officer and the Planning Board showing, if applicable, the location and size of the existing and/or proposed septic system and well, that the lot is in full compliance with the standards of the Ontario County Department of Health and showing that the water supply is safe for domestic use.

Proof that one of the dwelling units on the lot that will contain an accessory dwelling unit will be the principal residence of at least one of the lot owners, one of the owners of a non-individual lot owner, as provided in this section, such as partnerships, corporations, limited-liability companies or other entities, or a trust beneficiary, as provided in this section. Evidence that the dwelling is occupied as the person's principal residence may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish a person's principal residence for purposes of voting, copies of utility bills, tax bills or proof that the owner does not have his or her mail forwarded to a different address.

A completed application on a form to be provided by the Village and application fee.

A parcel location map.

A drawing, drawn to scale, indicating the portion of the parcel to be developed in the regulated use, as well as all required appurtenances.

A clear and concise description of the proposed use.

All plans and documents required by § 175-11 (Site plan review).

Subject to applicable law, copies of all information and documentation submitted to the State of New York as part of its application for a license to operate under the Cannabis Law.

Traffic access. All proposed site traffic accessways are adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.

Circulation and parking. The interior circulation system is adequate and all required parking spaces are provided and are easily accessible.

Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust.

Disposal of usable open space. In accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.

Arrangement and design of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other, and the layout, design and placement provide a visually and physically integrated development.

Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings unless the same conform in all respects to such site plan, and unless all facilities included in the site plan have been constructed in accordance therewith.

Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent resident districts.

Size of access. Each off-street parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles, and each parking space shall have a minimum width of 10 feet. Except in the case of one and two-family residences, no parking area provided hereunder shall be established for less than three spaces. There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall not be less than 10 feet wide.

Parking for churches, synagogues and houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of the church, synagogue or house of worship public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table 1. The church, synagogue or house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table 1. Any spaces provided in public or private lots must be shown to be legally available for worshipers on the day or days of greatest use.

In any B-O Districts, all parking and loading areas on a premises shall be located on an impervious surface.

In any B-O Districts, all exit and entrance lines to parking and service areas shall be clearly marked.

Minimum required off-street parking spaces shall be as set forth below:

Minimum off-street loading requirements shall be as follows:

Size and location. Each loading space shall be not less than 10 feet in width and 35 feet in length and have a minimum clearance of 14 feet and may occupy all or any part of any required yard.

Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as required space for more than one use unless otherwise approved by the Planning Board in accordance with the purposes and procedures set forth herein.

Lot frontage. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district in which it is located. No building shall project beyond the front building line of any existing principal structure in the block in which it shall be located.

Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their point of intersection.

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.

Minimum lot sizes where there is no public water or sewer. Unless the regulations of the district in which they are located require greater lot areas or widths, the following regulations shall apply:

General application. No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.

Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to open amusement uses, church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials; nor to parapet walls, except that no parapet wall may extend more than four feet above the limiting height of the building; nor to farm buildings or structures on farms, provided that such farm buildings are not less than 40 feet from each lot line.

Side yard of corner lot. The side street setback line of any corner lot shall not be less than 1/2 of the depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.

Projections into required yards. Certain architectural features may project into required yards as follows:

Additional yards required where commercial and industrial uses abut residential districts. All uses permitted in commercial or industrial districts which abut, at the lot line or on the same street, a residential district shall provide yards, where they abut, in accordance with the Schedule of Regulations.[1]

Fences, hedges and walls.

No principal building shall be placed on a lot in a residential district so that the front line of said building falls behind the rear line of neighboring principal buildings.

Minimum yard regulations.

Aboveground and in-ground swimming pools.

Conformance to codes. Any sign hereafter erected shall conform to the provisions of this section and of any other ordinance or regulations within this jurisdiction.

Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction.

Traffic visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

Noncommercial speech signs may be placed on a lot up to 30 days prior to an event and must be removed within 48 hours after the event.

Noncommercial speech signs not relating to an event may be erected and remain for an indefinite period as long as the sign is maintained in a safe manner and a good state of repair.

Repair and maintenance vs. replacement. Signs must be constructed of durable materials, maintained in good condition, in a safe manner and in a good state of repair. Repair and maintenance would consist of the sign remaining the same in dimension and material with re-lettering or resurfacing. A change in dimension or material would constitute a replacement.

Projecting signs. Attached signs shall not project from any building more than three feet in the direction of the street, provided further that no such sign shall extend over the public street or public sidewalk area.

Height of signs. No building mounted sign shall be higher than the building height limit in the district where such sign is located, except in any B-O District where no sign shall be higher than 15 feet.

Height limit of freestanding signs shall not exceed 15 feet.

Exempt signs. No permit required:

Institutional signs. Signs of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:

Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

Development signs. May be erected and maintained, provided that:

Private driveways. Signs indicating the private nature of a driveway or trespassing signs, provided that the size of any such sign shall not exceed two square feet.

Height and projection of signs. No sign in an R District shall project into the public way or project higher than one story or 15 feet, whichever is lower.

Size of signs. No sign shall have a sign surface area of more than 100 square feet in any C or B-O Districts or more than 150 square feet in any M-1 District, except where only one surface of such signs is visible, the sign surface area shall be reduced by 50%.

Number of signs.

Sign surface area. Total square feet of multiple signs shall not exceed the maximum square footage allowed in Subsection E(1). Multiple signs shall require a special use permit.

Location of signs. In C-1, C-2, M-1 or B-O Districts, all signs shall be securely attached to a building. Freestanding signs shall be permitted in C-1, C-2, M-1 and B-O Districts only upon receipt of a special use permit.

Illumination of signs. Flashing signs, animated signs and revolving illuminated signs shall be considered as a special use permitted in M-1 Districts, provided that such signs shall not create any traffic hazards or abut or face any residential property or any residential district lot. Flashing signs, animated signs and revolving illuminated signs shall not be permitted in any C-1, C-2 or B-O Districts.

Other allowed signs.

Roof sign.

Billboard.

Outdoor advertising sign.

Portable signs shall be removed within 15 days of receipt of the written notice described above.

Other nonconforming signs that include features prohibited under this section shall be modified to comply or must be removed within one year after receipt of the written notice described above.

All other signs that are structural or a removable part of a structure shall be made to comply with all provisions of this section or be removed within one year of receipt of the written notice as described above.

Any nonconforming sign that was installed, erected, or constructed prior to the effective date of this local law shall be allowed to remain in place, as long as it was in compliance with the previous version of this code. Signs that were not in compliance with the previous version of this code will be required to be brought in compliance with the new version of this code. Any changes to existing sign(s) will be considered as a new sign and shall then be required to be in compliance with the foregoing sections of this chapter.

The Building Official (Code Enforcement Officer) shall have the authority to enforce the removal of any signs that are in violation of this chapter. Notification of noncompliance will be sent registered mail to the property owner of record. Notification can also be served personally or by posting a copy of the notice on the premises and sending a copy of the notice by regular, first-class mail to the owner. Failure to comply with this written order within 10 days of receipt of such written notice, or such notice being posted on the property, shall be considered a violation.

Any sign placed in a public right-of-way so as to cause a traffic hazard may be removed without notice by any Village of Phelps officer or employee.

Nonconforming use of lot or land. The following regulations shall apply when no buildings are involved:

Nonconforming uses of buildings or structures.

No structure shall be erected, constructed, placed, altered or enlarged in any residence district which shall be excessively similar to any neighboring structure, as hereinafter defined, whether said neighboring structure is then in existence or whether a building permit has been issued or applied for. Said structure shall not be inappropriate to its neighborhood with respect to the elements of exterior design affecting the character of the neighborhood, such as size, height and materials used in construction, with particular attention to:

Structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other.

Any lot on the street upon which the structure would front, which is the first, second or third lot next along said street in either direction, without regard to intervening street lines.

Any lot on which any part of the street line frontage lies across the street from said premises or from a lot referred to in Subsection B(1) above.

Any lot which is located directly around the corner from and adjacent to a lot referred to in Subsection B(1) above.