PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE V, Mixed Residential Districts [Added 5-30-1991 by L.L. No. 8-1991]

§ 190-25. Purpose.

It is the intent and purpose of the Board of Trustees of the Village of Honeoye Falls that the Residential Mixed Districts (RM and RM-G) be created to provide for growth and development of the RM Districts in a manner similar to the growth and development of the residential areas which form the core of the Village. The Board of Trustees recognize and acknowledge that the growth and development of the core of the Village prior to a zoning law resulted in various size residential lots and uses. The Board of Trustees recognize and acknowledge that this type of growth and development forms the character and uniqueness of the Village. The RM-G District (Mixed Residence Gateway) is a mixed residential district applicable to those areas which are gateways or entrances to the Village. As such, the gateway areas, in addition to the foregoing, are to be developed with the intent to preserve, within a reasonable degree, the openness of the gateway areas as they now exist and to blend development into the adjacent Village and town lands. Accordingly, RM and RM-G Districts have been created to, among other things, protect the environment, retain open space, perpetuate and preserve the character and uniqueness of the Village, reduce overall development costs of a subdivision and provide for more efficient delivery of Village services.

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§ 190-26. Cluster development.

The Board of Trustees of the Village of Honeoye Falls hereby adopts the provisions of § 7-738 of the Village Law and elects to exercise the powers granted in said section. The Board of Trustees hereby grants to the Planning Board all of the powers and authority under § 7-738 and as specified herein, for subdivision approval in RM and RM-G Districts. Accordingly, all development in RM and RM-G Districts shall provide for clustering and open space, pursuant to the provisions stated herein.

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§ 190-27. Permitted uses.

The following uses and their accessory uses are permitted in all RM and RM-G Districts.

  1. Single-family dwellings.
  2. Multifamily dwellings in accordance with § 190-30F.
  3. Home occupations.
  4. Churches or similar places of worship, parish houses, seminaries and convents.
  5. Licensed or accredited nursery schools, new structures.
  6. Parks, playgrounds or recreational areas operated by the municipality, Monroe County or New York State.
  7. Public libraries, museums and community centers.
  8. Schools, elementary or high, public, denominational or private, having a curriculum the same as ordinarily given in public schools.
  9. Cemeteries.
  10. Licensed day-care centers, new structures.EN

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§ 190-28. Special exception uses.

The following uses and their customary accessory uses are permitted upon issuance of a special use permit pursuant to Article XIII.

  1. Bus passenger shelters.
  2. Accredited colleges or universities.
  3. Country clubs.
  4. Nonprofit membership clubs.
  5. Nursing homes or rest homes.
  6. Public utility structures or rights-of-way, including sewage treatment plants or water supply facilities, necessary to serve the local community, but excluding business offices, repair or storage of equipment.
  7. Customary agricultural operations.
  8. Customary accessory structures, including homes, farms and garden operations or uses.
  9. Home professional offices.
  10. Licensed day-care centers, existing structures.
  11. Licensed or accredited nursery schools, existing structures.
  12. Accredited bed-and-breakfast facilities in accordance with § 190-57.EN
  13. Accessory apartments in accordance with § 190-56.EN

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§ 190-29. Density.

  1. In order to determine the number of lots that can be subdivided in an RM District, the lot area shall be a minimum of 30,000 square feet. In order to determine the number of lots that can be subdivided in an RM-G District, the lot area shall be a minimum of 36,000 square feet. An applicant shall submit a standard plat conforming to the applicable minimum lot size and density requirements and all other applicable requirements.
  2. The Planning Board shall then allow the number of dwelling units or lots which could be permitted, in its judgment, conforming to said applicable minimum lot size, density requirements and all other applicable requirements.
  3. In its review of any plat hereunder involving two or more detached dwelling units, the Planning Board shall also approve a proposed site plan showing areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan. Said site plan shall be subject to review and public hearing by the Planning Board.
  4. After the Planning Board determines the number of dwelling units or lots which will be permitted, the applicant shall submit a plat for approval which conforms to the number of dwelling units or lots allowed by the Planning Board, the open space and dimensional requirements of this section, site plan review and all other applicable provisions of the laws of the Village and State of New York.

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§ 190-30. Lot and bulk requirements.

In each RM and RM-G District, the dimensional requirements, subject to § 190-35, are as follows:

  1. Lot areas. The lot areas shall be of varying size and apportioned as follows:
    1. Twenty percent of the lots shall have a minimum lot area of 12,000 square feet (small lot).
    2. Sixty percent of the lots shall have a minimum lot area of 17,000 square feet (medium lot).
    3. Twenty percent of the lots shall have a minimum lot area of 21,000 square feet (large lot).
  2. Lot widths. The minimum lot width shall be as follows:
    1. Eighty feet for twelve-thousand-square-feet-minimum lot areas.
    2. Not less than 81 feet nor more than 99 feet for seventeen-thousand-square-feet-minimum lot areas.
    3. One hundred feet or more for twenty-one-thousand-square-feet-minimum lot areas.
  3. Setbacks. The setback distances are as follows:
    1. The front setback for all lots may vary; provided, however, that for small and medium lots, as defined herein, the setback shall be not less than 25 feet nor more than 35 feet; and for large lots, as defined herein, the setback shall be not less than 35 feet. [Amended 6-15-1998 by L.L. No. 4-1998]
    2. The side setback shall be a minimum of 12 feet on any side with a total of 30 feet for both sides on interior lots. For a corner lot, the setback shall be the same as the front setback for the side street. However, the setback from any side or rear lot lines for accessory buildings or structures shall be three feet. [Amended 7-21-1997 by L.L. No. 4-1997]
  4. Floor areas. The minimum floor area requirements shall be as provided in § 190-55B.
  5. Building height. The maximum height of a building or structure shall be 35 feet and, in any event, no more than two stories.
  6. Additional requirements. Multifamily dwellings are permitted; provided, however, that the subdivision contains a minimum of 20 lots; there are no more than four units per dwelling; the number of multifamily dwelling units is not less than 5% nor more than 7% of the potential dwelling units in a district at time of application for subdivision approval; and it is situated on a lot having a minimum area of 17,000 square feet.

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§ 190-31. Off-street parking.

Off-street parking shall be required as provided in § 190-80.

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§ 190-32. Signs.

Signs shall be permitted in accordance with Article X.

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§ 190-33. Site plan approval.

Site plan approval shall be obtained as required in Article XIV.

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§ 190-34. Applicability.

All of the provisions of this article shall be applied to all RM and RM-G Districts, unless otherwise specified. All provisions of this Article referring to RM-G Districts shall be applied to said district only and shall not be applied to an RM District.

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§ 190-35. Open space.

  1. Purpose. All RM and RM-G Districts shall be designed and subdivided to preserve open space, respect the physical qualities of the land and reduce the overall development costs of a subdivision.
  2. Land area. Any subdivision of land in a RM or RM-G District shall provide for open space. In the event that a subdivision is less than five acres, the Planning Board may vary the dimensional and open space requirements of this section in accord with the guidelines set forth herein.
  3. "Open space" is an area that is intended to provide light and air and is designated for either environmental, scenic or recreational purposes. "Open space" shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel, and retention or detention ponds. In no event shall any area of a developable lot, nor any part of an existing or future road or right-of-way be counted as constituting "open space."
  4. Required open space. In a subdivision in a RM District, no less than 35% of the gross area shall be designated as common open space. In a subdivision in a RM-G District, no less than 45% of the gross area shall be designated as common open space. In determining open space, any critical environmental area, any undevelopable land, or land in an Environmental Protection Overlay District will be included for such determination.
  5. Approvals. In addition to the requirements of this section, the applicant shall abide by the rules and regulations of the Planning Board, this chapter and Village Law of the State of New York.
  6. Ownership of open space; dedication and easement subject to Board of Trustees approval. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such land as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this chapter must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivisions, as well as whether it is to be dedicated ultimately to the Village or other governmental body or to an approved private or conservation corporation or to a homeowners' association or otherwise under conditions meeting with Planning Board approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the Planning Board may require an open space easement running to the Village as a condition of approval. The dedication of any lands, by ownership or easement, to the Village of Honeoye Falls will be subject to approval and acceptance by the Board of Trustees.
  7. Homeowners' association.
    1. If the open space or an open space easement therein is not to be dedicated to the Village or other governmental authority or to an approved private conservation corporation, the applicant must either simultaneously with the filing of the map create a homeowners' association or neighborhood corporation embracing all homeowners within the map and providing for adequate contributions for maintenance of said open space or otherwise satisfy the Planning Board with regard to the maintenance of said open space.
    2. If a homeowners' association is selected by the Planning Board as the method of maintenance of the open space to be preserved, the following must be adhered to:
      1. The homeowners' association must be established before the lots are sold.
      2. Membership must be mandatory for each lot buyer or owner, any successive buyer or owner or each lot created and must be legally required, by duly filed covenants and restrictions, to pay to the homeowners' association a yearly fee to be used for maintenance of the open space.
      3. The open space restrictions must be in perpetuity, not just for a given period of years.
      4. The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
      5. Homeowners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property.
      6. The association must be able to adjust the assessment to meet changing needs.
      7. The applicant shall make a conditional offer of dedication binding upon the homeowners' association for all open space to be conveyed to the association, such offer to be accepted by the Village, should it choose, upon the failure of the homeowners' association to take title to the open space from the applicant or other current owner or upon dissolution of the association at any future time.
      8. The association must comply with the laws of the State of New York and the Attorney General's rules and regulations for creation of homeowners' associations.
  8. Filing of subdivision map. In addition to the other Planning Board requirements for final maps, upon final approval of the subdivision application by the Planning Board, the applicant shall file the subdivision map in the Office of the County Clerk, which map shall contain thereon:
    1. A statement that the subdivision has been approved pursuant to the provisions of this chapter.
    2. The number and type of units which can be erected thereon.
    3. The areas in which said units may be constructed.
    4. The areas which are to remain open space and under what conditions.

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