PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE VIB, MULICD Mixed-Use Light Industrial Commercial District [Added 7-16-2001 by L.L. No. 4-2001]

§ 190-45.2 MULICD Mixed-Use Light Industrial Commercial District regulations.

  1. Purposes. The Village of Honeoye Falls recognizes that a mixture of land uses with light industrial use is desirable within the gateway corridor of West Main Street. Consistent with maintaining a high quality of life in the Village, the Mixed-Use Light Industrial Commercial District, referred to here in as "MULICD" or "the district," is established to encourage a flexibility of land uses along with phased, efficient and attractive growth that reflects the character of the Traditional Village model. Specifically, the purposes of this district are: [Amended 11-16-2009 by L.L. No. 3-2009]
    1. To insure a visually appealing space at the gateway area of the Village which will serve to define and preserve Village character.
    2. To insure safe and attractive pedestrian environments.
    3. To provide developments and buildings for nonresidential and mixed purposes which reflect the scale, proportion and character of nonresidential and mixed purpose buildings in the Traditional Village model.
    4. To provide activities which compliment and are diverse to activities already available in the Village.
    5. To maintain an overall sense of community which makes the Village unique.
    6. To enhance desirability of property in the district for light industrial rise by providing for the development of retail establishments and business services for the employees of such industrial uses and others.
  2. Location, dimensional and general design requirements. [Amended 11-16-2009 by L.L. No. 3-2009]
    1. The MULICD shall be divided into three tiers as follows:
      1. Tier I shall be the area bounded as follows: on the south by the north boundary line of the West Main Street right-of-way; on the west by the easterly boundary of lands now or formerly owned by G. Brower and A. Mustardo, Tax Account No. 228-100-001.1; on the north by a line parallel to and 363 feet distant from the north boundary line of West Main Street; on the east by lands now or formerly owned by Honeoye West Main Associates, Tax Account No. 228.11-1-75.2.
      2. Tier II shall be the area bounded as follows: on the south by a line parallel to and 363 feet distant from the north boundary line of West Main Street, which line is also the north line of Tier I; on the west by the westerly boundary of lands now or formerly owned by Gleason Works, Tax Account No. 228.11-1-75.4; on the north by a line parallel to and 363 feet distant from the south line of Tier II, which line is the northerly boundary line of two parcels of land now or formerly owned by Gleason Works, Tax Account Nos. 228.11-1-75.3 and 228.11-1-75.4; on the east by lands now or formerly owned by Honeoye West Main Associates, Tax Account No. 228.11-1-75.2.
      3. Tier III shall be the parcel of land now or formerly owned by Gleason Works, Tax Account No. 228.11-1-1975.1, excepting the portion of said parcel which has become part of Tier I.
    2. At all times the district shall respect the visual appearance of the street upon which it has frontage by incorporating into any new development locational, dimensional, landscaping, and architectural elements found in the Traditional Village model. Applicants are strongly encouraged to study those elements prior to submittal of any application.
    3. A minimum of 25% of the total area of Tiers I and II must be set aside as permanent open space or parkland. 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; however, retention or detention ponds may be considered for open space depending upon its public use. In no event shall either any area of a developable area or part of an existing or future road or right-of-way be counted as constituting open space. "Developable area" means the area around a building for sidewalks, parking area, landscaping and setback from other buildings. 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. The Planning Board, as a condition of site plan 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. As part of the open space requirement, the site plan shall include a park-like area located between the buildings situate or to be situate in Tiers I and II. The open space created by the use of the provisions of this must be clearly labeled on the site plan map as to its use 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 an owners' 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.
    4. In Tiers I and II, the maximum area covered by all buildings, structures, roads, driveways, parking areas and other impervious surfaces shall not exceed 50% of the total area Tiers I and II.
    5. At any time during and after the development of the district, the total floor area of all non-light-industrial uses, including retail uses, shall not exceed 50% of the total floor area of all light industrial uses approved and/or constructed in the district of which no more than 10% of the total floor area used for light industrial uses shall be used for retail stores or shops; provided, that prior to approval and/or construction of any light industrial use in the district, up to 48,000 square feet of floor area may be approved and/or constructed for non-light-industrial uses and not more than 34,000 square feet of the said 48,000 square feet non-light-industrial floor area may be for retail stores or shops. Said 48,000 square feet shall be exempted from the calculations set forth in the first sentence of this paragraph. Applications for development (site plan and/or subdivision) in the district will not be reviewed and/or approved unless the application is in conformity with this subsection. In no event shall the total retail square footage exceed 60,000 square feet. Non-light-industrial development, including development of the aforementioned 48,000 square feet, in Tier I and/or Tier II is not permitted unless the applicant is or was the owner of land in Tier III that will permit development in accordance with the requirements of this article. If the applicant does not or did not own land in Tier III to permit development in accordance with the requirements of this article, then development in Tier I and/or Tier II shall be in accordance with Article VIA, Light Industrial District, of this chapter.
    6. No application for a light industrial use in the district shall be approved unless the light industrial use is in conformity with Article VIA, Light Industrial District, Chapter 190, Zoning, of the Village of Honeoye Falls Code, except as modified by this article.
    7. All provisions of the Village Code applicable to nonresidential uses shall be applicable to the nonresidential uses permitted in the MULICD District, except as modified by this article.
    8. Off-street parking and loading shall be provided in accordance with the provisions in this article and Article IX of this chapter. The Planning Board may modify parking requirements to reflect the needs of a particular use to be developed, provided that the Board is satisfied that the site may be able to accommodate future uses with more intensive parking requirements. Said area shall be identified and set aside on an approved site plan.
    9. If any other provisions of this chapter are inconsistent with the MULICD provisions, the provisions of the MULICD shall control.
    10. The erection of signage in the district shall be in accordance with Article X of this chapter except as changed or modified herein. The erection of one freestanding sign is permitted for Tier I and Tier II.
  3. Permitted uses and accessory uses.
    1. In Tier I, the permitted uses are: [Amended 11-16-2009 by L.L. No. 3-2009]
      1. Banking.
      2. Conference center and conference facility.
      3. Day-care center as licensed by the New York State Department of Family Assistance or through other applicable state regulations.
      4. Education or government facility.
      5. Essential and public utility services.
      6. Health clubs, fitness clubs and related indoor or outdoor recreation facility.
      7. Hotel/motel.
      8. Office.
      9. Professional service, including medical.
      10. Restaurants without drive-thru facilities.
      11. Retail store or shop.
      12. Any mix of the above uses.
    2. In Tier I the permitted accessory uses are:
      1. Communications equipment necessary for the conduct of a permitted use.
      2. Directional and locational signage, including shared sign facilities consistent with all applicable sign standards of the Village Code.
      3. Storage and garage structure that is architecturally consistent with and does not exceed 25% of the floor area of the principal building to which it is accessory.
      4. Other uses customarily accessory to uses permitted.
    3. In Tier II the permitted uses are:
      1. All uses permitted in Tier I.
      2. All uses permitted in the Light Industrial District pursuant to Article VIA of this chapter.
    4. In Tier III the permitted uses are:
      1. All uses permitted in the Light Industrial District pursuant to Article VIA of this chapter.
    5. In Tier II and III the permitted accessory uses are:
      1. Cafeteria, clinic or recreation facility located within a light industrial use building for use by employees of said light industrial use building,
      2. Communications equipment necessary for the conduct of a permitted use.
      3. Directional and locational signage, including shared sign facilities consistent with all applicable sign standards of the Village Code.
      4. Storage and garage structure that is architecturally consistent with and does not exceed 25% of the floor area of the principal building to which it is accessory.
      5. Other uses customarily accessory to uses permitted.
  4. Lot and building requirements.
    1. In Tier I, the requirements are as follows: [Amended 9-19-2005 by L.L. No. 6-2005; 11-16-2009 by L.L. No. 3-2009]
      1. The height of any building or structure shall not exceed 1 ½ stories or 25 feet, whichever is less, except that any building (which is entirely) located more than 181.5 feet from the north line of West Main Street shall not exceed two stories or 35 feet, whichever is less.
      2. The total floor area of all buildings, including storage areas, boiler rooms and rest rooms, which are located wholly or partially within 181.5 feet of the north line of West Main Street shall not exceed 53,500 square feet. The maximum total floor area of any building shall not exceed 7,500 square feet, except one building may have total floor area not to exceed 20,000 square feet.
      3. The total floor area of all buildings which are located entirely more than 181.5 feet but less than 363 feet from the north line of West Main Street shall not exceed 30,000 square feet, and the maximum total floor area of any building shall not exceed 15,000 square feet; provided, however, that no footprint shall be greater than 7,500 square feet.
      4. Any building located on West Main Street with a maximum floor area of 7,500 square feet or less shall be set back from the West Main Street right-of-way line a minimum of 25 feet and a maximum of 40 feet, and any building with a floor area greater than 7,500 square feet and not more than 20,000 square feet shall be set back from the West Main Street right-of-way line a minimum of 100 feet and a maximum of 175 feet.
      5. All buildings shall be set back from each other a minimum of 15 feet.
      6. There shall be no more than three uses permitted in any one building.
      7. All parking shall be located at the rear of all buildings that front on a public street. There shall be no parking between West Main Street and any buildings.
      8. The area to the front and rear of any building shall be used for sidewalks and landscaping. The developer shall provide the Village with sidewalk easements for these areas.
      9. A lot used for the outdoor sale or display of merchandise shall have the merchandise located only on the side of the building or structure where parking is permitted. All other uses permitted shall be conducted within a completely enclosed building. Outdoor displays or sales of merchandise shall not be permitted between West Main Street and any buildings.
    2. In Tier II, the requirements are as follows:
      1. The height of any building or structure shall not exceed two stories or 35 feet, whichever is less.
      2. The total floor area of any building, including storage areas, boiler rooms and rest rooms, located more than 363 feet but less than 544.5 feet from the north boundary line of West Main Street used for non-light-industrial purposes shall not exceed 16,000 square feet, except that the total floor area of any building or part of a building used for retail purposes shall not exceed 7,500 square feet, and the total floor area of any building used for light industrial purposes shall not exceed 18,000 square feet.
      3. All buildings shall be set back from each other a minimum of 15 feet.
      4. There shall be no more than four occupants in any building for which a building permit has been issued and construction is started or completed prior to September 19, 2005. Each occupant shall use the occupied space for one business. After September 19, 2005, there shall be no more than three occupants in any building for which a building permit is issued and construction is started or completed. Each occupant shall use the occupied space for one business. [Amended 9-19-2005 by L.L. No. 6-2005]
      5. All parking shall be located at the rear of all buildings that front on a public street. Parking for buildings not fronting on public streets may be located at the rear and side of the buildings.
      6. The area to the front and rear of any building shall be used for sidewalks and landscaping. The developer shall provide the Village with sidewalk easements for these areas.
    3. In Tier III, the requirements arc as follows:
      1. Except as changed or modified by this article, development in Tier III shall be in accordance with Article VIA, Light Industrial District, rules and regulations. The provisions of said Article VIA are incorporated herein and made a part of this article.
    4. In Tiers I and II, the lot requirements are as follows: [Added 7-21-2003 by L.L. No. 8-2003; amended 11-16-2009 by L.L. No. 3-2009]
      1. There is no requirement for a minimum lot area or lot width.
      2. The building or structure on a lot cannot cover more than 75% of the total area.
      3. The front setback shall be a minimum of 25 feet and a maximum of 40 feet from the right-of-way line of a public street, except for a building with a footprint greater than 7,500 square feet and not more than 20,000 square feet, the front set back shall be a minimum of 100 feet and a maximum of 175 feet.
      4. The side setback shall be a minimum of 7.5 feet on each side.
      5. The rear setback shall be of a size to allow for a five-foot-wide sidewalk across the rear of the lot and landscaping as determined in site plan approval by the Planning Board.
    5. In Tier III, the lot requirements are as set forth in Article VIA, LI Light Industrial District, of this chapter. [Added 7-21-2003 by L.L. No. 8-2003]
  5. Procedure for developing in a Mixed-Use Light Industrial Commercial District. Development in the Mixed-Use Light Industrial Commercial District requires Planning Board approval. To obtain approval for development of the MULICD, an applicant must submit a plan with all of the following elements:
    1. Objectives. The plan shall include a plat and a narrative description of the proposal, its uses and design and layout, and how it will serve to implement the purposes of this section as well as the objective to be achieved by the plan including such factors as gateway and neighborhood protection, historic preservation, pedestrian and vehicle interconnection with the Village and adjoining sites, utilities, and any common lands, recreation lands and open spaces.
    2. Uses and functions. The plan must include a plat and a description for present uses, accessory uses, proposed uses and possible future uses. The description must provide information on the general amount and type of each use, likely hours of operation, approximate numbers of employees, visitors, and special events.
    3. Plan approval. Any project in the district shall obtain site plan approval from the Planning Board pursuant to the provisions and procedures of Article XIV, Site Plan Review, Chapter 190, Zoning, of the Village of Honeoye Falls Code. In the site plan review process, the Planning Board shall pay particular attention to design standards, which insure consistency with this section. In addition to the requirements of Article XIV, Site Plan Review, the site plan shall include parking, screening, landscaping and architectural features, location, scale and dimension of buildings and any standards needed to protect adjacent land uses and the neighborhood character of the gateway corridor of West Main Street as an entrance to the Village.
    4. Phasing. Conceptual layouts for future uses should be included along with any project phasing. To help ensure that any phasing of improvements including infrastructure provides a positive fiscal return to the taxing jurisdiction during the life of the district, the likely sequence of construction and ratios of industrial, nonindustrial and retail uses will be defined, and a standard fiscal impact model, such as described in the Center for Urban Policy Research publication "The Fiscal Impact Handbook," may be used to describe fiscal impacts.
    5. Environmental elements. An environmental site analysis shall be included identifying at a minimum all wetlands, streams and water bodies, aquifers and recharge areas, steep slopes, trees and plantings, active or prime farmlands, historic, archaeological and scenic resources, and any other landmark features. Development of a MULICD is a Type I action. Environmental reviews pursuant to New York State law and the Village of Honeoye Falls Code shall be completed prior to any project approvals.
    6. Traffic and parking. The site plan shall include a calculation of the expected number of vehicle trips (peak and daily) and mitigation measures that could limit any projected negative impacts on traffic and parking. Additionally, peak-parking demand will be defined with on-street and off-street measures to meet such demand. Parking standards shall be determined using references in common use, such as the most recent edition of the Institute of Transportation Engineer's "Parking Generation Manual." Any physical improvements related to traffic and parking shall insure a high quality of appearance of the public street corridor West Main Street.
    7. Other reviews and permits. The applicant shall submit a listing of all governmental reviews and permits which can be reasonably expected to be necessary prior to all anticipated construction activity.

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