PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE VI, Traditional Village District [Added 4-20-1992 by L.L. No. 2-1992]

§ 190-36. Purpose.

  1. It is the Board's intent and purpose in creating this district that residential use shall be continued and allowed along with professional business services and retail establishments which take into consideration the varied uses of the lots within the district when constructing and modifying the uses of the buildings. Buildings to be used for nonresidential and mixed purposes shall reflect the scale, proportion and character of nonresidential and mixed purpose buildings in the Village Business District; and/or any residential buildings in the Traditional Village District. The Board of Trustees has created the Traditional Village District to allow for the development of structures or the adaptive reuse of existing structures which will provide the opportunity for multiple residential, professional services and small retail endeavors compatible with the existing structures and uses in the District at the time of its creation. This district should be viewed as a natural extension of the existing centralized Village Business District and as a transition between the Village Business District and residential districts.
  2. Accordingly, it is the Board's intent that development in this district adhere to the following:
    1. Trees, shrubs and existing significant structures should be preserved;
    2. New activities should compliment and be diverse to activities already available in the Village;
    3. Nonresidential buildings should be, when appropriate, located in close proximity to the roadway, with parking at the side and rear of the buildings only;
    4. Pedestrian access should be provided to all nonresidential buildings;
    5. Architectural features of new structures should fit the Nineteenth Century character of the Village and achieve harmony in scale with existing structures; and
    6. The use of screening between residential and nonresidential activities shall be required to preserve the integrity of each activity.

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§ 190-37. 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 use in Traditional Village Districts.

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§ 190-38. Permitted uses.

The following uses and their accessory uses are permitted in all Traditional Village Districts:

  1. One-family detached dwellings.
  2. Two-family detached dwellings.
  3. Multiple dwellings per § 190-41F.
  4. Conversion of existing one-family detached dwellings for two families.
  5. Park, playground or recreational area operated by the municipality, Monroe County or New York State.
  6. Public libraries, museums, community centers.
  7. Bus passenger shelters.
  8. Professional, business or utility offices, including medical arts offices.
  9. Home occupations.
  10. Home professional offices.
  11. Private garages or private off-street parking areas pursuant to Article IX.
  12. Signs pursuant to Article X.
  13. Dwelling units over first floor nonresidential uses.
  14. Banks.
  15. Gymnasiums, physical fitness centers or similar commercial recreational establishments.
  16. Personal service shops, such as a barbershops, beauty parlors, dry cleaning or laundry services of less than 4,000 square feet, professional studios, travel agencies or similar shops.
  17. Radio, CATV or TV broadcasting studios.
  18. Repair shops for household and/or personal appliances.
  19. Restaurants.
  20. Retail stores or shops.
  21. Shops for custom work and/or repair and for making articles to be sold at retail on premises.
  22. Vocational schools; cultural art schools/studios.
  23. Office machinery repair services.
  24. Caretaker's or owner's dwelling units.
  25. Customary accessory uses, buildings or structures to a permitted use.

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§ 190-39. 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. Nursery schools, licensed day care.
  2. Accredited bed-and-breakfast facilities.
  3. Accessory apartments.
  4. Customary accessory structures, including homes, farms, and garden operations or uses.
  5. Private swimming pools.
  6. Water conservancy and fire protection ponds.
  7. Fire stations, municipal offices or other governmental buildings of similar character.
  8. Theaters or motion-picture theaters, other than an outdoor drive-in theater.
  9. Customary accessory uses, buildings or structures to a special exception use.
  10. Repair garages.
  11. Light industry. [Amended 6-15-1998 by L.L. No. 4-1998]

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§ 190-39.1. (Reserved).EN

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§ 190-40. Density.

  1. In order to determine the number of lots that can be subdivided in an TV District, the lot area shall be the following minimums and maximums:
    1. Single-family dwellings: 10,000 square feet minimum, 15,999 square feet maximum.
    2. Two-family dwellings: 16,000 square feet minimum, 21,499 square feet maximum.
    3. Three-family units: 21,500 square feet minimum, 26,999 square feet maximum.
    4. Four-family units: 27,000 square feet or larger.
    5. Nonresidential: no minimum.
  2. An applicant shall submit a standard plat conforming to the applicable minimum lot size and density requirements and all other applicable requirements.
  3. 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.
  4. 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.
  5. 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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§ 190-41. Lot and bulk requirements.

In each TV District, the dimensional requirements, subject to § 190-45, are as follows:

  1. Lot areas. The lot areas shall be of varying size and apportioned as follows:
    1. Single-family dwellings: 7,500 square feet to 11,999 square feet.
    2. Two-family dwellings: 12,000 square feet to 16,124 square feet.
    3. Three-family dwellings: 16,125 square feet to 20,249 square feet.
    4. Four-family dwellings: 20,250 square feet and larger.
    5. Nonresidential use lots: no minimum.
  2. Lot widths. The minimum lot width shall be as follows:
    1. Sixty-five feet for 7,500 square feet of minimum lot area.
    2. Not less than 66 feet nor more than 80 feet for 12,000 square feet minimum lot area.
    3. Not less than 81 feet nor more than 99 feet for 16,125 square feet minimum lot area.
    4. One hundred feet or more for 20,250 square feet minimum lot area.
    5. No minimum lot width for nonresidential use lots.
  3. Setbacks. The setback distances are as follows:
    1. The front setback for all lots may vary; provided, however, that the setback shall be not less than one foot nor more than 10 feet. In any event, the setbacks shall conform to the buildings on the adjoining properties;
    2. The side setback shall be a minimum of 12 feet on any side with a total of 24 feet for both sides on interior lots. For a corner lot, the side setback shall be the same as the front setback for the side street. [Amended 7-21-1997 by L.L. No. 4-1997; 6-15-1998 by L.L. No. 4-1998]
  4. Floor areas. The minimum floor area requirements shall be as provided in § 190-55B, except every floor of a building used for nonresidential purposes, including, but not limited to, storage areas, boiler rooms, rest rooms, etc., shall not exceed 4,000 square feet in total area; provided, however, that the floor area of a building used for a controlled industry shall not exceed 6,500 square feet per floor area.
  5. Building height. The maximum height of a building or structure shall be 35 feet and, in any event, no more than three stories.
  6. Additional requirements. Multifamily dwellings are permitted; provided, however, that:
    1. There are no more than four dwelling units per building;
    2. The dwelling have the appearance of a single-family residence;
    3. There be no more than two entrances on any one facade;
    4. The parking and garaging of vehicles shall be at the rear of the building and dispersed if possible, with driveways to the side of the building;
    5. If it is more than a two-family dwelling, at least one-third (1/3) of the floor space shall be located on the second floor; and
    6. The multiple dwelling shall meet all the other rules and regulations of the Village of Honeoye Falls and State of New York.

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§ 190-42. Off-street parking.

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

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§ 190-43. Signs.

Signs shall be permitted in accordance with Article X.

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§ 190-44. Site plan approval.

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

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§ 190-45. Open space.

  1. Purpose. All TV 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 development or subdivision of land containing one acre or more shall provide for open space. In the event that a parcel of land to be subdivided or developed is less than one acre, 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" shall include 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 any development or subdivision of land in a TV District, 25% of the gross area shall be designated as common open space. In determining open space, any critical environmental area 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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