PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE VIC, General Commercial District [Added 2-18-2003 by L.L. No. 2-2003; Amended 01-2015 by L.L. No. 1-2015]

§ 190-45.3. Purpose.

In the Village of Honeoye Falls, consistent with maintaining a high quality of life in the Village, the General Commercial District purpose is 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 to:

  1. Ensure a visually appealing space in the Village which will serve to define and preserve Village character.
  2. Ensure safe and attractive pedestrian environments.
  3. Provide development and buildings for nonresidential and mixed purposes which reflect the scale, proportion and character of nonresidential buildings in the traditional Village model.
  4. Maintain an overall sense of community which makes the Village unique.
  5. Enhance desirability of property in the district by providing for the development of retail establishments and business services for residents, merchants and others.
  6. Ensure buildings and activities that are sensitive to the residential districts of the Village.

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§ 190-45.4. Permitted uses [Amended 01-2015 by L.L. No. 1-2015].

The following uses are permitted in the General Commercial District:

  1. Antique stores.
  2. Appliance stores, including radio and television.
  3. Artists' studios, art stores.
  4. Auto accessories.
  5. Bank, saving, loan and finance offices. An automated teller machine located outside of a building shall be located on the same lot on which the primary building is used by a bank.
  6. Books, magazines and newspapers.
  7. Bus passenger shelters.
  8. Clothing, clothing accessories and yard goods.
  9. Drugstores.
  10. Dry cleaning and laundry collection stores.
  11. Dry goods stores.
  12. Gift stationery and office supply stores.
  13. Hardware, lawn and garden supply stores.
  14. Park, playground or recreation areas operated by the Village, Monroe County or New York State.
  15. Printing or publishing plants.
  16. Public library, museum, community center.
  17. Repair shops for household and/or personal items or office machinery.
  18. Research institute or laboratory.
  19. Restaurants and ice cream stores that may include a drive-through or drive-up window for the purchase of food, beverages or ice cream. [Amended 2-17-2014 by L.L. No. 1-2014; 1-6-2015 by L.L. No. 1-2015]
  20. Salesrooms and outdoor sales lots and associated service for motor vehicles, motor homes, and/or boats.
  21. Shops for custom work and for making articles to be sold at retail on premises.
  22. Taverns.
  23. Wholesale salesrooms or warehouses.

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§ 190-45.5. Accessory uses and structures.

Accessory uses and structures customarily incidental to above-mentioned uses shall be permitted.

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§ 190-45.6. 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. Animal hospital, veterinarian.
  2. Bowling alley, tennis club.
  3. Funeral home.
  4. Gymnasium, physical fitness center.
  5. Indoor theater for movies, entertainment.
  6. Meeting hall.
  7. Nursery school, licensed day care.
  8. Offices for business, professional or utility company.
  9. Radio, CATV, TV broadcasting studio without antennas.
  10. Repair garage.
  11. School, elementary or secondary, denominational or private.
  12. Vocational school.

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§ 190-45.7. Lot and building requirements.

In each General Commercial District, the dimensional requirements, subject to the open space provisions set forth herein, are as follows:

  1. Buildings. The maximum floor area for any building containing an allowable use in a General Commercial District shall not exceed 17,000 square feet. The maximum floor area of a building shall be the area between the inside of the exterior walls and shall include storage areas, boiler/utility rooms, rest rooms, public areas and nonpublic areas.
  2. Building height. The maximum height of a building or structure shall be 35 feet or three stories, whichever is less.
  3. Lot coverage. The coverage of any lot by the total areas of any buildings, accessory buildings, driveways and all parking areas and sales lots shall not exceed 75% of the lot area.
  4. Setbacks for buildings and accessory buildings.
    1. The front setbacks for the main building on the lot may vary; provided, however, that the front setback shall be not less than 25 feet nor more than 40 feet from the property line. In any event, for buildings constructed between or next to an existing building, the setback shall conform to the setback of the adjoining building(s).
    2. The rear setback for all buildings shall be not less than 75 feet.
    3. The side setbacks for all buildings shall not be less than 20 feet on any side.
    4. Accessory buildings or structures shall be located in the rear yard of the lot and shall be set back not less than 20 feet from the rear and side lot lines.
  5. Accessory buildings or structures. The floor area of an accessory building or structure shall not exceed 10% of the floor area of the main building.

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§ 190-45.8. Additional requirements.

  1. Any lot in the General Commercial District shall only be used for one of the permitted uses in §§ 190-45.4 and 190-45.5 of this article. There shall only be one building and an accessory building on any lot used for one of the permitted uses.
  2. A lot used for the outdoor sale or display of merchandise shall have the merchandise located in the side and rear yards of the building or structure on the lot. All other uses permitted shall be conducted within a completely enclosed building.
  3. All off-street parking areas on any lot in General Commercial District shall be located to the side and rear of the building or structure on the lot (§ 190-77).

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§ 190-45.9. Parking requirements.

The number of parking spaces for a use on any lot shall meet the requirements of § 190-80 of this chapter.

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§ 190-45.10. Signs.

Signs shall be permitted in accordance with Article X.

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§ 190-45.11. Site plan approval.

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

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§ 190-45.12. Restaurants with drive-through or drive-up windows. [Added 2-17-2014 by L.L. No. 1-2014; Amended 1-6-2015 by L.L. No. 1-2015]

  1. Definitions:

    Exit Lane - A lane or driveway contiguous and parallel to the queuing lane to circulate or exit the site.

    Queuing Lane - A lane or driveway for customers to use to purchase food and beverages.

    Restaurant, drive-through – a use which, by design of facilities or procedures, encourages or permits customers to purchase food, beverages or ice cream while remaining in their vehicle.

  2. Restaurant, drive-through requirements. A restaurant drive-through in the General Commercial District shall be permitted pursuant to the following:
    1. A site plan is reviewed and approved in accordance with the provisions of Article XIV, Site Plan Review.
    2. All requirements of the General Commercial District, Article VI C shall be complied with except as modified herein for restaurants with drive through services.
      1. Lot and Bulk requirements.
        1. The lot area shall be a minimum of 45,000 square feet.
        2. The lot width at the street or road right of way line and at the front of the building shall be a minimum of 170 feet.
        3. The front setback for the main building on the lot may vary; provided the front setback shall be not less than 25 feet and for building(s) constructed between or next to existing building(s) the setback shall either conform to the setback of the adjacent building(s) or as minimally required to meet the provisions of Section 190-45.12, Chapter 190 of the Village Code.
  3. Service area, queuing lanes and exit lanes.
    1. The drive-through service area or window shall not be located in the front yard.
    2. The drive through service shall provide a queuing lane and exit lane.
    3. All service areas, queuing lanes and exit lanes must each be set back a minimum of 10 feet from all lot lines which abut any nonresidential zone and shall be screened as determined necessary by the Planning Board.
    4. Drive-through, queuing lanes and exit lanes shall each be a minimum of 12 feet wide.
    5. A queuing and exit lane shall be at least 120 feet in length for each drive-through service area; and in any event the exit lane shall be the same length as the queuing lane.
    6. All queuing and exit lanes must be designed so that they do not interfere with parking, vehicular and pedestrian circulation on the site.
    7. All queuing and exit lanes must be clearly identified through the use of striping, landscaping and signs.
  4. Ingress and egress
    1. Only one point of ingress and one point of egress or one point of combined ingress and egress shall be provided per street frontage for each drive-through restaurant.
    2. Any point of ingress or egress for a drive-through restaurant shall be set back a minimum of 10 feet from any side lot line.
    3. A pedestrian walkway shall be provided from the public sidewalk to the building.
  5. Miscellaneous
    1. All garbage and waste material shall be placed in receptacles which are enclosed and screened as determined by the Planning Board.
    2. No more than 2 order or menu boards, no larger that 30 square feet each in size and located at the rear of the building shall be permitted.
    3. A circulation lane shall be provided to permit vehicles which have left the queuing lane to circulate around the front of the building to access parking areas on the opposite side of the building and it shall be a one-way lane, in a counterclockwise direction and shall be of the width and setback distances from the building and street as determined by the Planning Board.
    4. The Planning Board shall direct the applicant to submit a traffic study which shall demonstrate that the impact of traffic generated by the proposed drive-through restaurant shall not be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed restaurant use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.
    5. No drive-through facility shall be located on a lot directly adjacent to or across the road or street from a property used for residential purposes.
    6. Pedestrian walkways or sidewalks shall be provided within the site to facilitate pedestrian movement.
    7. A row of shrubs or other screening material of adequate density, height and width, as determined by the Planning Board, shall be provided and maintained along the outside perimeter of all parking and on-site circulation areas. However, such screening material shall not block site lines within the site.
    8. An outdoor seating area may be provided in conjunction with a drive-through restaurant, which is designated and designed in the Site Plan Review.
    9. No outdoor or indoor playgrounds or playlands shall be provided in conjunction with or accessory to a restaurant with drive through services.
    10. No drive through restaurant shall be open before 5 o’clock AM and open after 11 o’clock PM.
    11. All impervious surfaces, including curbing, shall not be less than 10 feet from any property line.
    12. There shall be no more than two sites in the General Commercial District from which a drive through restaurant may be operated.
  6. Parking. Parking spaces for vehicles shall be designed and provided for pursuant to Article IX of Chapter 190, Zoning; except no parking shall be permitted in the front yard of a drive-through restaurant.
  7. Lighting. All lighting shall be in accordance with Article XVIII of the Chapter. When the restaurant is not open, all lighting shall be extinguished except lights required for security and safety purposes.
  8. Signs. Signs for a drive-through restaurant shall be permitted in accordance with Article X.

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