They are two stories in height;

They are located parallel to the street;

They have balanced front facades incorporating a prominent front door facing the street;

They have porches;

They have a sidewalk connecting the front door to the public sidewalk; and

They have free-standing garages located behind the house.

General principles of design, including scale, proportion, rhythm, location and orientation, balance, massing, and materials.

Design considerations for new construction, including height, scale, width, orientation, setback, proportion and rhythm of openings, neighborhood rhythms, roof form, massing, horizontal versus vertical elements, materials, landscape treatment, and outbuildings.

Design consideration for additions, alterations, demolition, and relocation.

Parking is prohibited on grass and yard space that is not hard-surfaced and properly designated for such use.

Parking is prohibited in the front yard and shall never be located at the corner of any street. Off-street parking for single- and two-family dwellings may be permitted in the front yard, provided all spaces are located on an approved driveway.

Recreational vehicles, commercial vehicles, and other vehicles exceeding 14 feet in length or nine feet in height may be parked on an approved driveway, provided such vehicles are located behind the front building line.

The expansion of existing parking areas for nonresidential uses and buildings in the LDR, MDR, and LOR Districts shall be prohibited.

All residential properties shall be required to maintain or restore, where determined appropriate by the Historic Preservation Board, a walkway that is separate from the driveway and connects the property to the public sidewalk.

All dwellings should provide a front door or entrance that is oriented to and facing the street.

All driveways shall obtain a driveway permit in accordance with § 210-25.4.

Off-street parking for a single- or two-family dwelling may be provided on a Village-approved driveway.

Driveways for a single-car garage shall not exceed 10 feet in width.

Driveways for a multicar garage shall not exceed 18 feet in width.

No portion of any front yard area of any lot or side yard area of any corner lot having a driveway entrance from the side street shall be covered with paving, gravel, crushed stone or similar non-growing surfacing, except for not more than one walkway not exceeding five feet in width, or two walkways (one front and one side) for a corner lot not exceeding five feet in width.

The portion of any lot or parcel of land covered by paving, gravel, crushed stone or similar non-growing surfacing other than structures shall not exceed, in area, 12% of the total square footage of the entire lot. Any such non-growing surfacing shall be applied in accordance with the specifications and requirements of the Building Inspector, Superintendent of Public Works, or Village Engineer, and shall be subject to the requirements of Chapter 176, Streets and Sidewalks, of the Code of the Village of Pittsford.

The CEO, in reviewing driveway permits and upon advisement and recommendation by the Planning Board, may require driveway widths to be reduced in whole or at various points to minimize pavement, preserve neighborhood character, and avoid directing stormwater runoff onto adjacent properties.

Parking areas exceeding the permitted driveway width must be located in the side or rear yard and are subject to all other provisions of this chapter.

It is the purpose of the VGB District to establish and enhance the Village's North Main Street gateway as a vibrant, welcoming commercial area that serves as a transitional zone between the neighborhoods of the north to the Village Center and Schoen Place. Located just west of protected and actively farmed agricultural lands, there is a distinctive agrarian style and landscape present in the historic sites remaining there today (e.g., Hawley House, Pittsford Farms Dairy).

Although the character of the northern gateway has been altered over time, it is the intent of the VGB District to ensure future investment redefines the streetscape in a manner consistent with its place in the history of the Village and role as a transportation and commerce hub. This includes continued efforts to highlight local landmarks and the presence of the railroad, as well as further developing a distinctive landscape in the yard space along the street frontage.

It is the purpose of the VCB District to recognize the special significance of the four corners, Main Street and State Street commercial corridors as the central spines to the greater Pittsford community. The district is defined by the core of retail business within the Village center and the concentration of architecturally rich and historically significant structures.

As a compact commercial area bordered by Village neighborhoods, the treatment of fringe properties and properties abutting residential uses in the VCB District is paramount to the preservation of property values in these areas of transition. Future investment shall observe such transitions, in addition to the following District objectives:

The purpose of the TDD District is to provide special design and development controls to guide investment and redevelopment in the traditional downtown core of the Village center. The regulations are designed to protect the architectural integrity, scale, and treatment of the downtown area traditionally defined by multistory, mixed-use buildings built to the street.

The TDD District is intended to function as an overlay district. The overlay is to be superimposed on the VCB District, as indicated on the Village Zoning Map, and should be considered as additional design and development standards to be met in establishing a use within the underlying zoning district.

The use regulations of the underlying zoning district (VCB District) shall apply to all uses of the TDD District as provided thereto. Where specified, the dimensional, bulk, and use requirements of the TDD District shall supersede those of the underlying zoning district (VCB District).

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" may be allowed if reviewed and approved in accordance with Article 35 (Special Use Permits) of this chapter.

Uses identified with a "TP" may be allowed if reviewed and approved in accordance with Article 39 (Temporary Use Permits) of this chapter.

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

Article 24 (Additional Use Regulations) section references have been noted where applicable. Uses identified with an "NA" are not addressed in Article 24, and therefore are not subject to use specific restrictions.

Medical offices;

Industrial facilities and storage facilities;

Bowling alleys or pool halls;

Parking partially dismantled or junked motor vehicles;

Used car lots including the sale of used or new passenger vehicles and the sale of all other motor vehicles;

Automobile junkyards;

Junk dealer businesses, check cashing businesses, pawn shops/resale businesses, and precious metal exchange businesses;

Distilleries;

Smoke shops/smoking bars, and vapor establishments; and

Other businesses, otherwise objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, glare, vibration, refuse matter, water-carried waste or traffic hazards or businesses likely to cause litter to be deposited within the Village.

The mass of the building is visually broken into smaller components. An example would be a building including a main block and smaller extending wings where the distribution of mass and general proportions recall historic complexes within the district or other regional construction of a similar age, design, and scale to that found in the district.

The proposed building does not block known important viewsheds or drastically change the view from the street and from the canal of important existing historic landmarks.

The proposed building is set behind existing buildings, thereby reducing its visual impact.

Exception to the height and/or footprint restrictions are necessary to allow the incorporation of architectural features that are visually compatible with and/or representative of the vernacular construction in the district. Appropriate examples include roof ventilators, cupolas, or penthouses.

General principles of design, including scale, proportion, rhythm, location and orientation, balance, massing, and materials.

Design considerations for new construction, including height, scale, width, orientation, setback, proportion and rhythm of openings, neighborhood rhythms, roof form, massing, horizontal versus vertical elements, materials, landscape treatment, and outbuildings.

Design consideration for additions, alterations, demolition, and relocation.

Purpose and intent. The purpose of the MU-EC District is to recognize and preserve the history, presence, and character of land use along the Erie Canal within Pittsford Village. The intent of this district is to achieve the following:

Conservation lands.

Maintain and enhance the District as a location for the provision of low-impact retail, office, service, and residential uses in close proximity.

Provide increased economic opportunity through the reuse and rehabilitation of existing buildings for office, residential, or limited nonresidential use.

Capitalize on already developed space by permitting an increased development density with the addition or use of upper floors.

Enhance the aesthetic character and walkability of the district through streetscape and landscaping improvements, including the maintenance of a complete sidewalk network.

Ensure infill and redevelopment opportunities are compatible with the context of the Village's traditional character, form, and scale.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" may be allowed if reviewed and approved in accordance with Article 35 (Special Use Permits) of this chapter.

Uses identified with a "TP" may be allowed if reviewed and approved in accordance with Article 39 (Temporary Use Permits) of this chapter.

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

Article 24 (Additional Use Regulations) section references have been noted where applicable. Uses identified with an "NA" are not addressed in Article 24, and therefore are not subject to use specific restrictions.

Medical offices;

Industrial facilities and storage facilities;

Bowling alleys or pool halls;

Parking partially dismantled or junked motor vehicles;

Used car lots including the sale of used or new passenger vehicles and the sale of all other motor vehicles;

Automobile junkyards;

Junk dealer businesses, check cashing businesses, pawn shops/resale businesses, and precious metal exchange businesses;

Distilleries, smoke shops/smoking bars, and vapor establishments; and

Other businesses otherwise objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, glare, vibration, refuse matter, water-carried waste or traffic hazards or businesses likely to cause litter to be deposited within the Village.

The mass of the building is visually broken into smaller components. An example would be a building including a main block and smaller extending wings where the distribution of mass and general proportions recall historic complexes within the district or other regional construction of a similar age, design, and scale to that found in the district.

The proposed building does not block known important viewsheds or drastically change the view from the street and from the canal of important existing historic landmarks.

The proposed building is set behind existing buildings, thereby reducing its visual impact.

Exception to the height and/or footprint restrictions are necessary to allow the incorporation of architectural features that are visually compatible with and/or representative of the vernacular construction in the district. Appropriate examples include roof ventilators, cupolas, or penthouses.

General principles of design, including scale, proportion, rhythm, location and orientation, balance, massing, and materials.

Design considerations for new construction, including height, scale, width, orientation, setback, proportion and rhythm of openings, neighborhood rhythms, roof form, massing, horizontal versus vertical elements, materials, landscape treatment, and outbuildings.

Design consideration for additions, alterations, demolition, and relocation.

To foster public knowledge, understanding, and appreciation of the historical and architectural character of the Village and in the accomplishments of its past;

To ensure the harmonious, orderly, and efficient growth and development of the Village;

To enhance the visual character of the Village by encouraging new design and construction that complements the Village's buildings;

To protect and promote the economic benefits of historic and architectural preservation to the Village, its inhabitants and visitors;

To protect property values in the Village;

To promote and encourage continued private ownership and stewardship of historic buildings within the Village;

To identify as early as possible and resolve conflicts between the preservation of buildings and structures in the Village and alternative land uses; and

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this zoning law.

Uses identified with a "SP" may be allowed if reviewed and approved in accordance with Article 35 (Special Use Permits) of this chapter.

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

An Article 24 (Additional Use Regulations) section reference has been noted where applicable. Uses identified with an "NA" are not addressed in Article 24, and therefore are not subject to use specific restrictions.

Create a hazard to the public, safety and general welfare.

Alter the character of the neighborhood and/or interfere with residents' normal use of their property (such as causing noise in a location where it can be heard on neighboring residential properties and/or at a time during normal sleeping hours where it would pose a nuisance to existing residents) or be detrimental to the residents thereof through the production noxious or objectionable noise, odor, glare, refuse, vibrations, unsightliness, contamination or other similar conditions.

Include fast food service, drive-through facilities, or operate in any manner as a nightclub (a use whose business includes providing entertainment, whether live, recorded or otherwise, to patrons who may be seated or standing and who may or may not be engaged in the consumption of food or beverages).

Cause a traffic hazard or unsafe conditions for motorists and/or pedestrians and bicyclists that may not be feasibly mitigated.

Damage sensitive views, landscapes, natural features, or historic features that may not be feasibly mitigated.

Due to location and/or proximity to residence(s) would result in nuisances and/or excessive negative impacts that may not be feasibly mitigated.

Fail to provide adequate parking to support the proposed use without causing a parking shortage or other problems for nearby businesses and/or residents.

A complete copy of any application filed with and license issued by the New York State Liquor Authority shall be provided with any application subject to this chapter.

A waste management plan shall be required to provide a location that has room to accommodate refuse in accordance with Village Code requirements and that will not pose a public nuisance for neighbors. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines.

Create new housing units while respecting the design and scale of single-family residential development;

Increase the housing stock of existing neighborhoods in a manner that is less intense than multifamily dwelling alternatives;

Encourage a broader range of affordable housing options that respond to changing family and household needs; and

Offer a means for residents to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.

An accessory dwelling unit (ADU) may be allowable as an accessory use to a single-family dwelling. There shall be no more than one ADU per principal use.

No ADU shall be permitted on a nonconforming lot or within a nonconforming principal or accessory structure.

ADUs may be allowed within the principal structure under the following conditions:

ADUs may be allowed in a detached garage or other accessory structure under the following conditions:

An ADU shall be a complete, separate housekeeping unit containing both a legal kitchen and bath and must meet New York State Uniform Building and Fire Prevention Code requirements. No ADU shall include more than two bedrooms.

No ADU shall be permitted if an existing approved driveway cannot accommodate at least one off-street parking space, in addition to the parking spaces required for the principal use.

The construction, modification, addition, or demolition of an ADU shall not discernably alter the single-family residential character of the lot or structure located thereon.

At least one of the dwelling units is required to be occupied by the property owner and maintained as their principal residence.

The property owner shall sign an affidavit before a notary public affirming that the property is their principal residence. Such affidavit shall be submitted to the CEO. Upon sale of the property, a new owner shall be required to sign and submit a new affidavit within 30 days of the close of sale. If at any time this condition is not satisfied, the special use permit shall be subject to revocation.

The individual sale of any ADU apart from the principal use is strictly prohibited.

Require the issuance of a certificate of appropriateness from the Historic Preservation Board, as provided for in Chapter 112 of the Village of Pittsford Code.

Be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose;

Not be located in any required front yard area, unless otherwise permitted in this chapter;

Be in conformance with the dimensional and bulk requirements of the zoning district in which they are located. No accessory use or structure shall cause the rate of lot coverage to exceed the maximum rate permitted;

Be finished with materials and/or siding that is consistent and compatible with the existing character of the principal structure and surrounding neighborhood;

Maintain a separation of at least 10 feet from the principal building, when established as a detached accessory structure; and

Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.

Decks, patios, terraces, or seating areas.

Residential garages.

Enclosed storage structures, such as sheds.

Playgrounds or playhouses.

Greenhouses.

Dish or radio antennae no more than one meter in diameter and intended for noncommercial use. Such antennae shall not extend more than 30 inches above the roofline or exceed the maximum building height of the district, whichever is less. Shall be subject to Historic Preservation Board review and approval.

Personal generators, air conditioning units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.

Solar energy systems or green infrastructure installations, such as rain barrels, rain gardens, or bioswales.

Off-street parking areas, including electric vehicle charging stations, provided all applicable parking requirements of this chapter are met.

Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Outdoor assembly or seating areas, sales or display areas, or storage areas in accordance with § 210-24.10.

Decks, patios, terraces, or seating areas otherwise not programmed for public use as part of the principal operation.

Garages or carports.

Enclosed storage structures, such as sheds.

Playgrounds or playhouses.

Nurseries, gardens, or greenhouses.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.

Dish or radio antennae no more than two meters in diameter when screened from public view and adjacent residential property. Such antennae shall not extend more than five feet above the roofline or exceed the maximum building height of the district, whichever is less.

Generators, HVAC systems, and other mechanical equipment, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.

Solar energy systems or green infrastructure installations, such as rain barrels, rain gardens, or bioswales.

Off-street parking and loading areas, including electric vehicle charging stations, provided all applicable parking and loading requirements of this chapter are met.

Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

The home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall conform to all requirements of the New York State Uniform Building and Fire Prevention Code.

The residential character of the lot and buildings located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.

The home occupation shall be operated by a full-time resident of the dwelling.

All home occupation related activities shall occur wholly within an enclosed building.

There shall be no exterior display or storage of materials, good, supplies, or equipment related to the home occupation.

No home occupation shall produce odors, noises, dust, vibrations, glare, or any other nuisance not typically found in a residential neighborhood.

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

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

No area shall be located within a residential district or within any public right-of-way.

No area shall block windows, entrances, exits, pedestrian or vehicular access, sidewalks, fire lanes, or other travel lanes.

Within the VCB District or MU-EC District, such areas may be allowable in the public right-of-way provided site plan approval is obtained to ensure the health, safety, and general welfare of the public.

All areas shall be located adjacent to the wall of the principal structure and shall not extend more than 20 feet from said wall or beyond any public right-of-way or property line, unless otherwise approved through site plan review.

All items for sales or display shall be removed, enclosed, screened, and/or secured during nonbusiness hours.

No storage area shall be permitted in any front yard or within any public right-of-way.

All storage areas shall be fully screened from public view and from adjacent residential uses or districts.

No storage area shall be located within 50 linear feet of the property line of any adjacent residential use or district.

Personal service shops and spas shall be prohibited on the first floor of any building in the TDD District.

Personal service shops and their operators shall obtain all permits and licenses required by local, county, and state law. Such permits and licenses shall be duly displayed and all operations conducted in accordance with the regulatory requirements thereof.

No pond shall be constructed or maintained without obtaining site plan approval in accordance with Article 34 of this chapter. No building permit may be issued until such approval is obtained.

A site plan for a pond shall show all elements necessary to meet the requirements of this Code, including, but not limited to, a survey map of the subject and all affected properties showing the exact location of all proposed improvements including the pond, surface elevation contours for evaluating the drainage flows, both to and from the pond, the size and depth of the pond, and any other data or detail required by the reviewing board and Village Engineer.

Related permits, as applicable, must be identified and obtained from any affected county, town, and state agencies.

All ponds must be maintained as required by the Village Engineer and the CEO so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions and that they function as intended when constructed.

No pond shall interfere with or impede the natural flow of water in such a way as to adversely impact any floodplain, wetland area, public water supply, existing sewage and drainage facilities, public streets and highways, or the property of others.

All ponds shall conform to the setback restrictions for buildings in the zoning district in which the pond is located.

The site plan for a pond may be issued subject to conditions deemed necessary by the reviewing board to restrict access to the pond by neighbors, pedestrians, and other persons for their protection and safety.

The design of all ponds shall be approved by the Village Engineer and Building Inspector.

In accordance with the Village's Comprehensive Plan, it is the official purpose of the Village of Pittsford to protect the residential neighborhoods that are adjacent to its commercial districts. Great care was taken to implement operational controls that allow restaurants within the Village in a manner that protects quality of life for the residents.

Restaurants are allowed in specified business districts. Accordingly, restaurant uses are subject to the special use permit review process provided in this chapter.

The proposed site shall be located more than 100 feet from any residentially zoned and/or used property or be situated so that it may be demonstrated that existing or proposed features of the site would mitigate any potential adverse effect or nuisance to residential property.

Where a restaurant is located within 200 linear feet of a residential use or district, the Village Board may impose restrictions to the hours of operation thereof as part of the special use permit issued to ensure the greatest level of compatibility with the adjacent neighborhood.

Create a hazard to the public, safety and general welfare.

Alter the character of the neighborhood and/or interfere with residents' normal use of their property (such as causing noise in a location where it can be heard on neighboring residential properties and/or at a time during normal sleeping hours where it would pose a nuisance to existing residents) or be detrimental to the residents thereof through the production noxious or objectionable noise, odor, glare, refuse, vibrations, unsightliness, contamination or other similar conditions.

Include fast food service, drive-through facilities, or operate in any manner as a nightclub (a use whose business includes providing entertainment, whether live, recorded or otherwise, to patrons who may be seated or standing and who may or may not be engaged in the consumption of food or beverages).

Cause a traffic hazard or unsafe conditions for motorists and/or pedestrians and bicyclists that may not be feasibly mitigated.

Damage sensitive views, landscapes, natural features, or historic features that may not be feasibly mitigated.

Due to location and/or proximity to residence(s) would result in nuisances and/or excessive negative impacts that may not be feasibly mitigated.

Fail to provide adequate parking to support the proposed use without causing a parking shortage or other problems for nearby businesses and/or residents.

A complete copy of any application filed with and license issued by the New York State Liquor Authority shall be provided with any application subject to this chapter.

A waste management plan shall be required to provide a location that has room to accommodate refuse in accordance with Village Code requirements and that will not pose a public nuisance for neighbors. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines.

It shall be unlawful for any person or entity to place or permit the placement of a temporary storage unit on property located within any zoning district without registering such unit with the CEO.

Registration shall occur prior to the initial delivery of the temporary storage unit.

The registration form shall contain:

Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.

Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in unpaved front yard space.

Units shall be set back at least five feet from any lot line and five feet from any structure.

Approval from the CEO shall be required if the location of a unit meets either of these conditions:

Placement may not limit visibility of vehicles, pedestrians, or bicyclists.

Protect the health, safety and general welfare of the residents of the Village of Pittsford.

Protect the aesthetic characteristics and historic features of the Village of Pittsford.

Ensure that telecommunications equipment planned for locations within the Village of Pittsford are sited and constructed in a manner consistent with sound land use planning, the Village's comprehensive plan and other adopted goals of the Village.

No freestanding telecommunications equipment, including, but not limited to, a tower, satellite dish, antenna, or pole, shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and site plan in conformity with these regulations.

No existing structure shall be modified to serve as a transmission tower or telecommunication facility unless in conformity with this section.

Proof of the landowner's consent if the applicant does not own the property.

Location of property lines and permanent easements, including the address, property tax number, and ownership of such properties.

Location of the equipment, together with towers, dishes, antennae, guy wires, guy anchors, and accessory structures, if applicable.

Location of all structures on the property within 500 feet of the base of the equipment and all structures on any adjacent property.

Names of all adjacent landowners and other landowners within 500 feet of property boundaries where the site is proposed.

Proposed height of all equipment, including any towers or antennae, and the justification for such proposed height.

Construction detail for any towers, dishes, or antennae, including, but not limited to, monopole, guyed, freestanding or other.

Elevation illustrations, drawn to scale, of the equipment, together with all towers, dishes, or antennae.

Final grading plans for the site, including facilities and roads.

Plan of how the proposed structures will supplement, detract from or coordinate with existing equipment in the Village and contiguous jurisdictions; any changes proposed or anticipated within the following twenty-four-month period, including a build-out plan for new locations and the discontinuance or relocation of existing facilities. If granted a special use permit, this build-out plan must be updated annually.

Location, nature, and extent of proposed fencing, landscaping, and/or screening.

Location, nature, and extent of proposed utility easements and access roads, if applicable.

Inventory of other existing and proposed equipment within the Village and adjacent communities.

Proposed maintenance and inspection procedures, including records systems.

Certification that the NIER levels at the proposed site are within threshold levels adopted by the FCC.

Certification that the proposed equipment will not cause interference with existing communication devices, including, but not limited to, radio, television, telephone, cellular, or wireless reception.

Certification that the equipment meets all state and federal structural requirements for loads, wind, ice, fall-down specifications, etc.

A copy of the applicant's FCC license.

Certification that the applicant has utility status from New York State and the Public Service Commissioner.

Verification that the proposed facility will comply with all applicable FCC rules and regulations.

A description of how the equipment can be blended with the viewshed, including any plans for camouflage, such as simulating the appearance of a tree or other structure depending on the context of the proposed location.

A Zone of Visibility Map that identifies locations from which the equipment, including all towers, dishes, or antennae, may be seen.

Pictorial representations of "before and after" views from key viewpoints both inside and outside the Village, including but not limited to state and Village streets, local parks, New York State Thruway Authority lands and waterways, other public lands, preserves and historic sites, viewsheds that are important to the community, and from any other location where the site is visible to a large number of visitors or residents. The reviewing board may assist the applicant in determining appropriate key sites.

Assessment of the visual impact of the equipment, including all towers, dishes, antennae, guy wires, and accessory facilities or structures from abutting properties and streets, and viewsheds that are important to the community.

An applicant shall be required to present an inventory report of existing equipment within the Village of Pittsford and adjacent municipalities, and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.

Where shared use is unavailable, location of equipment on preexisting structures shall be considered the next preferable location.

An applicant intending to share use of existing equipment shall be required to document consent from the existing equipment and property owner for the shared use.

The applicant shall pay all reasonable fees and costs of adapting existing equipment to a new shared use. Those adaption costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate the shared use.

In the case of new equipment, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from owners of existing equipment. Copies of written requests and responses for shared use shall be provided.

All telecommunications equipment and accessory facilities or structures shall be sited to have the least adverse visual effect on the environment.

A freestanding tower instead of a guyed tower.

Existing on-site vegetation shall be preserved. The cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) may be allowed with review board approval.

Evergreen tree plantings shall be required to screen equipment from nearby property, as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, at least one row of evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to screen the equipment, as well as any tower base or accessory facilities. In the case of poor soil conditions, planting may occur on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

The applicant shall show that it has made good-faith efforts to co-locate on existing equipment and/or to construct new facilities near existing equipment in an effort to consolidate visual disturbances.

Equipment should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. The equipment shall not be artificially lighted except as required by the FAA. Any lighting utilized shall not result in glare on adjacent properties. Equipment is to be of a galvanized finish or painted matte gray unless otherwise approved by the review board or required by the FAA.

No equipment or accessory facilities or structures shall contain any signs or devices displaying a commercial message. Safety warning signs shall not be considered a commercial message; the size and type shall be determined and approved by the reviewing board.

All communication cable and utilities, including water, gas, electric and sewer leading to and away from any new telecommunications equipment shall be installed underground and in compliance with all the laws, rules and regulations of the Village.

All freestanding telecommunications towers, dishes, antennae, and accessory structures shall be set back from abutting parcels, public property or right-of-way lines a distance sufficient to substantially contain on-site all ice fall or debris from equipment failure, or 200 feet, whichever is greater. In no case shall such equipment be located less than 200 feet from a residential property.

All appurtenances and attachments, such as guy wires, must be located at a minimum setback from any property line a distance of at least 200 feet. The minimum setback requirement of this subsection may be increased at the discretion of the reviewing board as part of the site plan approval procedures, or it may be decreased in those instances where the owner/applicant has submitted plans for a tower design in such a manner as to collapse within a smaller area. Such tower design and collapse zone shall be reviewed by and must be acceptable to the Village Engineer and the reviewing board.

An applicant who proposes new telecommunications equipment in the Village of Pittsford shall notify in writing the Towns of Pittsford, Penfield, Perinton and Brighton, and the Town/Village of East Rochester.

Notification shall include the exact location of the proposed equipment and a general description of the project, including, but not limited to, the height of all proposed equipment and its capacity for future shared use.

Documentation of this notification shall be submitted to the reviewing board at the time of application.

A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with Village standards for private roads and shall at all times minimize ground disturbance and vegetation cutting. Construction of previous roadways (crushed stone, gravel, etc.) is preferred. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.

All telecommunications equipment and guy anchors, if applicable, shall be enclosed by climb-proof fencing of not less than eight feet to protect it from trespassing or vandalism.

The applicant must comply with all applicable state and federal regulations including but not limited to FAA and FCC regulations.

The applicant and the owner of record of the premises shall be required to execute and file with the Village Clerk of the Village of Pittsford a letter of credit acceptable to the Village Attorney as to form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this section, the conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances to cover the maintenance of the equipment during its lifetime, and provide for its removal and restoration of the site to its original condition.

The amount required shall be determined by the Village Engineer and shall be not less than 150% of the cost of removal of the equipment, and shall be reviewed and adjusted at five-year intervals.

In the event of default upon the performance of any such conditions, the letter of credit or security shall be forfeited to the Village of Pittsford, which shall be entitled to maintain an action thereon.

The letter of credit or security shall remain in full force and effect until the removal of all equipment and site restoration. Further, the applicant and owner shall be required to furnish evidence of adequate insurance, the adequacy of which shall be determined by the Village's insurance consultant.

The agreement shall include the use by the county of any and all equipment space, tower space, structure space, rights-of-way, and utility easements.

Installation of the county's equipment shall not cause the existing equipment to exceed its permitted weight capacity or cause interference with the radio frequency transmission of the applicant's equipment.

There shall be no cost to the county for its use of the applicant's equipment.

The county shall have access to the equipment and premises at any time.

The failure to commence active operation of the telecommunications equipment and/or accessory facilities or structures within six consecutive months of the date of approval.

The discontinuance of the active and continuous operation of the telecommunications equipment and/or accessory facilities for six consecutive months, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations. Upon such abandonment or cessation of use the applicant shall remove the equipment and all related facilities and structures.

The repair and maintenance of existing telecommunications equipment, facilities, towers, antennas, and accessory structures or facilities.

Antennas used solely for the residential household television and radio reception which do not exceed the maximum height permitted for principal structures within the zoning district.

Satellite antennas measuring one meter (39.37 inches) or less in diameter, building-mounted, installed according to manufacturer's recommendations, adequately secured and meeting all electrical code requirements regardless of the zoning district in which it is located. For safety reasons, no such satellite antenna shall be placed on an ingress or egress to a building or placed within 10 feet of a power line.

Reduce congestion on the street network in the Village;

Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of the property;

Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel;

Provide safe traveling conditions for motorists, pedestrians, and bicyclists;

Ensure safe, well-planned multimodal access can be made to all nonresidential and residential properties within the Village while minimizing potential vehicular and pedestrian conflicts; and

Minimize additional impervious surfaces and loss of green space.

Parking and loading spaces shall be prohibited in the front yard and shall never be located at the corner of any street or in front of any building.

All spaces shall be hard surfaced and 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.

All parking and loading areas shall include a designated snow removal plan.

Newly created or resurfaced parking and loading spaces shall be required to utilize permeable paving material. The Planning Board may waive this requirement should the applicant satisfactorily prove a significant financial hardship.

All spaces and their driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff. Stormwater management systems must be designed to keep stormwater and runoff on-site and provide for the absorption of such into the soil, unless it is satisfactorily demonstrated to the Planning Board that such stormwater management system is not possible.

Pavement slopes shall be shown on site plans or profiles. The following minimum slopes shall apply:

New or reconstructed parking areas must conform to the standards of the Americans with Disabilities Act.

External lighting of parking areas. All external and outdoor lighting used to illuminate off-street parking and loading areas shall:

All spaces shall be delineated by painted pavement markings. Each intersection of an aisle and interior driveway shall be marked by traffic flow direction signs or by pavement marking flow direction arrows. Each intersection of an interior driveway and a public street shall be marked by a stop sign and traffic flow direction signs. Handicapped spaces shall be provided and clearly identified by signs and by pavement markings and shall be located in that portion of the parking facility nearest to the entrance of the building or use which it serves.

End spaces restricted on one or both sides by curbs, walls, fences or other obstructions shall have maneuvering space at the aisle end of at least five feet in depth and nine feet in width.

Maneuvering aisles providing access to parking and/or pavement markings for one-way traffic flow shall have minimum dimensions as follows:

Off-street parking spaces shall be provided as noted in the following table.

The maximum number of parking spaces allowable for any use is not to exceed 125% of the minimum requirement.

Off-street parking spaces shall be sized as noted in the following table.

Where parking spaces head into a curb where bumpers can overhang, the length of the space may be reduced by two feet from the required depth, provided that such overhang distance shall not be used to meet the screening or interior landscaping requirements below. Bumper overhang areas shall be treated with stone, wood chips, low plantings or other materials that will not be easily damaged by overhanging bumpers or the drippings of oil or other similar fluids.

Shared parking areas that extend across property lines are encouraged as they can be more efficiently organized, resulting in more parking capacity with less land devoted to parking.

Shared parking areas for two or more uses that are located on the same lot or adjacent lots is permitted, provided the parking area is no more than 1,000 linear feet from each use it is intended to serve.

The minimum required spaces of a shared parking area shall include the sum of all minimum parking requirement per use, unless it is demonstrated to the satisfaction of the Planning Board that the uses have alternate peak parking demands or operating hours.

A shared parking agreement shall be required and must be reflected in a deed or easement. In the event that a shared parking agreement is proposed to be satisfied by a lease, such agreement will require special use permit review and approval.

A maintenance agreement shall be required documenting the responsibility of each user in the maintenance of said parking facilities.

Shared access agreements shall be created by the initial developer and/or owner of a parking area and shall be established in a continuum to adjoining properties as a contingency of site plan approval.

No lawful use existing as of the date of the adoption of this chapter within any nonresidential zoning district shall be required to provide off-street parking in excess of what is currently provided except when the amount of space devoted to such use is expanded or the use devoted to the space is altered.

In the event that a space devoted to a use existing as of the date of the adoption of this chapter is expanded, or in the event that an existing use is altered, and such expansion and/or alteration requires additional off-street parking pursuant to the provisions of Subsection B of this section, the number of additional required off-street parking spaces shall be equal to the total number of parking spaces required by this chapter for the entire expanded or altered use less the amount of off-street parking spaces currently provided by the preexisting use.

At the discretion of the Planning Board, bicycle parking may be required at a rate of at least 10% of vehicle parking requirements. However, in no case shall a use provide less than two spaces or be required to provide more than 10 spaces.

Parking areas of five or more spaces shall include a clearly identified pedestrian route from the parking spaces to the main building entrance and public sidewalk, where applicable.

Where there are public sidewalks, the area between the public sidewalk and the curb or street pavement, as the case may be, shall be designed, constructed and maintained as a greensward.

Where public sidewalks are constructed of concrete or cement, no asphaltic paving shall be applied over any such public sidewalk.

The parking of vehicles is prohibited in any area between a public sidewalk and the curb or street pavement or on the sidewalk or on any unpaved portion of the public right-of-way.

Loading spaces shall be provided as noted in the following table.

For each loading space, there shall be an approach apron of at least 60 feet in length.

Shared access roads and driveways may be required where vehicular ingress and egress can be more efficiently organized and result in fewer potential pedestrian and vehicle traffic conflicts.

Direct vehicular access driveways and curb cuts to public streets shall be minimized to the greatest extent practicable. Curb cuts and driveways to nonresidential uses shall be spaced a minimum of 50 feet apart. Minimum spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway on the same side of the street.

No access road or driveway shall be located closer than 40 feet to the intersection of public streets.

All driveways, access roads, and buildings shall have designated pedestrian walking paths providing connections between entrances and existing sidewalks.

A to-scale drawing of the parcel indicating the location and dimensions of the proposed driveway;

A current survey map completed by a professional land surveyor depicting the proposed location and dimensions of the driveway;

A stormwater management and drainage plan, unless the driveway or driveway expansion is to consist of permeable paving materials; and

Any other materials deemed necessary by the CEO to conduct an adequate review of the site and proposed driveway or driveway expansion.

The driveway shall be at least three feet away from side and rear property lines.

The driveway shall not cause the parcel's total lot coverage to exceed the maximum amount permitted.

The driveway shall be no less than 10, but no more than 20 feet in width. The CEO, in reviewing driveway permits and upon advisement and recommendation by the Planning Board, may require driveway widths to be reduced in whole or at various points to minimize pavement, preserve neighborhood character, and avoid directing stormwater runoff onto adjacent properties.

The paving of said driveway shall not obscure or in any way alter existing public sidewalks.

Notice to the New York State and/or Monroe County Department of Transportation has been made and all necessary approvals obtained.

Establish minimum standards and criteria for landscaping for multifamily and nonresidential development in the Village, including parking areas.

Dissuade the unnecessary clearing and disturbing of land to preserve the natural and existing growth of flora.

Ensure the replacement of removed flora, or to establish new flora that is indigenous to the region.

Reduce the effects of wind and air turbulence, noise, and the glare of automobile lights.

Provide unpaved areas for the absorption of stormwater runoff, prevention of soil erosion, and improvement of parking area aesthetics.

Conserve and stabilize property values, preserve a healthful environment, and facilitate the creation of a convenient, attractive and harmonious community environment.

Provide a visual buffer between properties and dissimilar uses.

Existing and proposed buildings and uses;

Parking areas and access aisles;

Refuse disposal areas/dumpsters;

Outdoor storage areas;

Drainage patterns; and

Provisions for visual and noise screening.

Type;

Common and botanical names;

Size;

Quantity; and

Pit or bed treatment.

Off-street parking and loading spaces shall be screened from public view from the Erie Canal, conservation easement lands, and streets.

Parking and/or loading facilities shall be screened from abutting streets and properties by a solid wall, fence, compact evergreen hedge or planting screen consisting of one or a combination of the following:

Such wall, fence, hedge or planting screen shall be located at least five feet distant from the side lot line of the adjoining lot in any residence district; provided, however, that at a point at least 60 feet back of the street line of such adjoining lot or as far back of the street lot line as the rear wall of any dwelling on such adjoining lot, whichever distance is greater, a fence or hedge may be located up to three feet distant from such lot line, and an unpierced masonry wall may be located not less than six inches from such side lot line.

Where properties abut lands protected by conservation easement, historically appropriate landscaping (e.g., rows of sugar maples) shall be provided to protect viewsheds and the historic integrity of the rural landscape.

Parking areas must also be screened along side and rear lot lines bordering residential uses or districts. Such screening shall consist of fencing, landscaping, or some combination thereof which is densely planted with a mixture of trees and shrubs to create an effective visual barrier. Such screening shall maintain a height of at least six feet.

Outdoor parking facilities containing 15 or more spaces shall contain interior landscaping equivalent to at least 5% of the paved area of the parking facility.

An interior planting area shall consist of at least 20 square feet, with no dimension of less than four feet. Interior planting areas shall be distributed within the parking facility.

At least one tree shall be provided for each 10 parking spaces, located within an island or median in conformance with this section. Such tree shall have a caliper of at least 3 1/2 inches at the time of planting, be of a species characterized by rapid growth and hardiness for location within a parking area, and shall have a height at maturity of over 30 feet.

Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended.

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.

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.

Landscaped islands shall be utilized in parking areas to separate parking stalls into groupings of not more than 20 spaces between islands (see Figure 1).

No more than 20 spaces shall be provided in a row without separation by an interior driveway and by a landscaped area. In the case of double rows, this section shall mean 20 spaces on each side of the designated parking area.

Promote the success of the businesses and the overall health of the Village's retail business districts.

Encourage an active and lively streetscape.

Maintain the historic aesthetic character of the Village's retail business districts.

Storefront display windows shall be clear glass.

Storefront window areas shall be reserved for seating or the display of store merchandise, promotional material or artwork. Displays shall be designed to maintain the transparent appearance of the storefront.

Storefront signs, promotion signs, and artwork shall conform to the requirements of Chapter 168.

Storefront areas shall be kept clear of equipment, desks, stored materials, or other nonpromotional objects.

Window treatments such as shades, blinds or curtains are not allowed in storefront windows unless they are primarily decorative and do not obstruct interior views.

Interior promotional banners shall not be hung for duration longer than one month. Banners and promotional signs shall be sized and hung in manner that maintains the overall transparent visual character of the storefront and shall conform to the requirements of Chapter 168.

Preserve historic resources;

Protect environmentally sensitive areas and natural features;

Preserve aesthetic features and important viewsheds;

Ensure walkable design;

Ensure new construction and development is compatible in design, scale, and orientation with the Village and surrounding district.

The project proposes a lower overall density and/or intensity of use and more open land or amenities than would be permitted or required by the underlying zoning;

The project proposes a use that is compatible with the surrounding context but is otherwise not permitted by the underlying zoning. In determining compatibility, the reviewing board will consider traffic generation, noise, truck traffic, scale, density, intensity of use, impact to historic resources, viewsheds, aesthetics, and impacts on existing infrastructure.

The project preserves natural resources, historic resources, and/or important views to a greater degree than would be possible than the underlying zoning herein.

Relief of underlying zoning regulations is necessary to maintain an existing agriculture-related use.

For projects deemed eligible, the reviewing board may waive Village zoning regulations that would ordinarily apply to a property where the applicant demonstrates relief from said regulations is necessary to meet the purposes described herein.

It is not the intent of this article to arbitrarily dispense with underlying zoning regulations, but rather to grant the minimum relief necessary to achieve the objectives of this article.

Residential uses may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed in keeping with the objectives of this article. The maximum density permitted shall be determined through the PD District review process.

Commercial service, office, and retail uses may be permitted where such uses are intended to primarily serve planned development area and where such buildings are scaled appropriately for the context of the neighborhood.

Public and semipublic uses may be permitted such as passive and active recreational areas, community centers, or civic gathering space.

Accessory uses such as private garages may also be permitted.

The reviewing board may require that the applicant reserve natural areas, open spaces, environmentally sensitive or significant areas, or lands suitable for the development of a park, playground, or other recreational purpose as part of a proposed PD District.

Designation and use of such open space and parkland shall be based upon the review board's consideration of the following factors:

Lands to be preserved as open space may be dedicated in fee to the Village or other such public agency or may remain in private ownership. For public open space that remains in private ownership, the Village may require the granting of an easement or the recording of a restrictive covenant guaranteeing the public's right of access and use.

The Village may require the property owner and/or developer to maintain all public open spaces and related facilities (and may require that bonding or other security be posted with the Village to guarantee maintenance) or may require payment of an in-lieu fee if the Village maintains the public open space and related facilities.

If the applicant or their designee is to maintain public open spaces, prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

Preservation and maintenance of all public open spaces and recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land as described in the approved PD District and site plan.

A special permit from the Board of Trustees is required for the short-term unhosted rental of a single-family dwelling or the short-term unhosted rental of any upper floor dwelling unit as limited by Subsection C(3).

Only the owner of a single-family dwelling or an upper floor dwelling unit may apply for a short-term rental special permit.

The number of special permits available to be issued by the Board of Trustees shall be limited to the following number in the following districts:

Owners seeking to utilize a dwelling unit as a short-term rental property as limited by the preceding subsection must submit a special use permit application to the Board of Trustees, including an application fee as required by the Board of Trustees, containing the following information:

An owner of more than two single-family dwellings and/or dwelling units located in the Village of Pittsford shall be entitled to have only two such properties specially permitted and used for short-rental at any time.

Any special use permit issued under this section shall be in effect for three years from the date of the signed Board of Trustees approval letter. The special permit holder must obtain a renewal of the special use permit no later than the third anniversary of the original granting of such special permit or any triannual renewal thereof. The owner(s) of the dwelling must request the renewal in writing by submitting a renewal request application to the Code Enforcement Officer at least 90 days prior to such anniversary. Failure to do so may result in the lapse of the special use permit. Within 30 days after receipt of a renewal request by the Code Enforcement Office, the Code Enforcement Officer shall forward to the Board of Trustees any violations of the Village Code or any other applicable code at the dwelling. The Board of Trustees shall have the discretion to amend the special use permit or deny renewal for good cause shown, which may include but is not limited to considerations of open violations as noted by the Code Enforcement Officer at the dwelling as well as considerations of noise, disorderly conduct, or public safety at the dwelling and whether there has been a public nuisance resulting from the specially permitted short-term rentals. For the purpose of this article, the term "public nuisance" shall mean noise, light, traffic, and/or odors which under the time, place, and manner in which they occur would annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities.

In addition to the required application fee, an annual fee, due upon each annual renewal of the special use permit, must be paid to the Village in an amount to be set by resolution of the Board of Trustees. The failure to pay the required fees shall be a violation of this section.

If the ownership of a specially permitted dwelling used as an unhosted short-term rental changes, the new owner(s) must inform the Code Enforcement Officer, in writing, of the ownership change before continuing to use the dwelling as a short-term rental. The name(s), address(es), phone number(s) and email address(es) of the new owner(s), along with that of their duly authorized agent(s), must be promptly provided to the Code Enforcement Officer. The new owner(s) may apply for renewal at the expiration of the current special use permit.

All applications referred to the Board of Trustees for a non-owner-occupied, unhosted single-family dwelling or an upper floor dwelling unit short-term rental special permit or the renewal thereof shall be subject to a public hearing held before the Board of Trustees, as more fully set forth in Article 31 of the Zoning Code of the Village of Pittsford.

Special permit conditions.