Town of Chili - Land Uses

Accessory structures

ACCESSORY USE
A structure or use incidental to the main structure or the principal use of the land on the same lot. For residential accessory use, the term specifically excludes the simultaneous operation of three or more motorized vehicles, motor driving schools or training facilities, the use of motorized vehicles by nonresidents of the parcel, and the alteration of the natural topography, including, but not limited to, such items as jumps, moguls and other natural site features. For adult bookstores or adult video stores, it shall mean the sale and/or rental of the merchandise as further defined under the definitions of the terms "adult bookstore or adult video store," "sexually oriented business," and "substantial enlargement."

Districts Where Allowed Districts Allowed by Right: AC, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20 Districts where this use may be allowed with a Special Use Permit: RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is permitted outright in this district and includes private garages, and ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse, are permitted, provided that the footprint area of such structure(s) shall not cause the total footprint area of all structures, including the primary dwelling, to exceed 5% of the area of the lot.
The height of ancillary or auxiliary structure is limited to 25 feet, limited to one story, measured from the finished first floor, not including ornamental items, such as cupolas or weather vanes.
For any substandard lot less than or equal to two acres in area, ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse are permitted, provided that such structure(s) is/are a total of 192 square feet or less in floor area and is/are 12 feet or less in height above the floor level of the structure(s), per each type of structure (e.g., two sheds cannot total more than 192 square feet).
Ornamental items, such as cupolas or weather vanes, are exempt from this height restriction.
Private garages, attached, detached, or both, on substandard lots shall not exceed 1,200 square feet, nor shall they be higher than the ridgeline of the primary dwelling for that lot as measured from the floor level of the structure.
RA Rural Districts (RA-1 and RA-10), R-1-6 District, R-1 Districts (R-1-12, R-1-15, R-1-20) and RM District:
This use and its accessory uses are permitted outright in these districts.
These uses include ancillary or auxiliary structures, such as a tool- or storage shed, pump house, gazebo or picnic shelter, garden house or greenhouse, provided that such structure(s) is/are a total of 192 square feet or less in floor area and is/are 12 feet or less in height above the floor level of the structure(s), per each type of structure (e.g., two sheds cannot total more than 192 square feet). Ornamental items, such as cupolas or weather vanes, are exempt from this height restriction. Such structures shall conform to the provisions of § 500-60: Accessory uses.

Accessory uses

ACCESSORY USE
A structure or use incidental to the main structure or the principal use of the land on the same lot. For residential accessory use, the term specifically excludes the simultaneous operation of three or more motorized vehicles, motor driving schools or training facilities, the use of motorized vehicles by nonresidents of the parcel, and the alteration of the natural topography, including, but not limited to, such items as jumps, moguls and other natural site features. For adult bookstores or adult video stores, it shall mean the sale and/or rental of the merchandise as further defined under the definitions of the terms "adult bookstore or adult video store," "sexually oriented business," and "substantial enlargement."

Districts Where Allowed Districts Allowed by Right: PRD, RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RM Residential Multiple-Family District:
This use is permitted outright in this district.
Normal accessory uses designed as an integral part of the development and scaled for the exclusive use of the residents of the development.
Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

A. An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.
B. In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.

See § 500-60: Accessory uses for more detailed information on certain accessory uses.

Accountants

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Adult use entertainment establishments

ADULT USE ENTERTAINMENT ESTABLISHMENT
A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcades; adult bookstores or adult video stores; adult cabarets; adult motion-picture theaters; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use entertainment establishments customarily exclude minors by reason of age.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses, as presented below.
Uses of a similar character but not specifically listed in § 500-21B or § 500-21C must apply to the Planning Board for a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accordance with established requirements.
The Town Planning Board may approve a special use permit for an adult use entertainment establishment as first provided here in the Town Code, provided that the following standards are maintained:

A. All adult uses shall be conducted in an enclosed building.
B. Regardless of the building location or distance, no one who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
C. No building shall be painted in garish colors or such other fashion as will effectuate the same purpose as a sign without the Planning Board's approval.
D. No loudspeakers or sound equipment shall be used as part of an adult use entertainment establishment that can be discerned by the public from public and/or semipublic areas.
E. Parking of registered vehicles on the site shall be permitted only during the hours of operation.
F. No dwelling unit shall be allowed as part of any adult use entertainment establishment.

Agricultural related lot/parcel

AGRICULTURE or FARMING
The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that the above uses shall not include the operation of a feed lot or other commercial feeding of animals or the manufacturing or processing of agricultural products as a principal use.

Districts Where Allowed Districts Allowed by Right: AC, PRD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This accessory use is allowed for lots/parcels located within the AC District.
On an agricultural related lot/parcel within the AC District, those customary accessory uses to the established agricultural/farm operation are allowed.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.

Agriculture and farm operations

AGRICULTURE or FARMING
The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that the above uses shall not include the operation of a feed lot or other commercial feeding of animals or the manufacturing or processing of agricultural products as a principal use.

Districts Where Allowed Districts Allowed by Right: AC, PRD, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10):
This use and its accessory uses are permitted outright in this district as defined in Chapter 265: Farming, of the Town Code of the Town of Chili ("Right to Farm Law").
AC District:
This use is permitted outright in this district and as first defined within Article 25-AA of the New York State Agriculture and Markets Law.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.

Antique shops

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.

Apartment houses, multiple dwellings, dwelling groups, condominiums and cooperatives

DWELLING, MULTIPLE-FAMILY
A building or portion thereof designed or used as a residence by three or more families and containing three or more dwelling units.

DWELLING GROUP
A group of three or more dwellings located on a parcel of land in one ownership and having any yard or court in common.

Districts Where Allowed Districts Allowed by Right: PRD, PUD, RM

Vehicle Parking:
Apartment houses: 1 parking space for each guest accommodation, plus 1 additional parking space per 2 employees.
Multifamily dwelling: 2 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RM District:
This use is permitted outright in this district.
NOTE: Cooperatives are are simply apartment houses under certain specified rules of ownership.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district fully serviced by public sewers and public water.

Architects

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Art galleries

Districts Where Allowed Districts Allowed by Right: GB, PID

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted outright in this district.

Attorneys

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Auto parts store, new

Automobile, motorcycle, truck and equipment sales, repair and rental, all types of

MOTOR VEHICLE REPAIR STATION
A structure available to the public and operated for commercial gain which is used for the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission repair; body or frame straightening or repair; exhaust repair, painting, refinishing or undercoating; or installation or repair of tires, glass, upholstery or radio or audio equipment.

MOTOR VEHICLE SALES CENTER
A structure available to the public and operated for commercial gain which is used for the purpose of selling motor vehicles and motor vehicle repair parts.

MINOR REPAIR MOTOR VEHICLE SERVICE STATION
A building where minor repairs to motor vehicles are conducted, such as oil changes, lubrications, tire repairs, muffler and brake repairs and replacements, tune-ups and similar operations which do not, on the average, take more than two hours to complete.

Districts Where Allowed Districts Allowed by Right: GI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted outright in this district.

Bakeries

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts and excludes bakeries where the preparation area exceeds 2,500 square feet.

Banks and financial institutions

Barbershops and/or beauty shops

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 400 square feet of floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Bed-and-breakfast establishments

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
1 parking space per guest room plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.

Bicycle shops

Boarding of horses, riding instruction and academies

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.

Book and stationery stores

Bowling alleys

Butcher shops

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD Districts:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:

This use and their accessory uses are permitted outright in these districts and excludes butcher shops where the preparation area exceeds 2,500 square feet.

Cemeteries

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
This use is regulated by New York State, and the buildings and structures incidental to cemetery operations.
RA Rural Districts (RA-1 and RA-10):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.

Churches, mosques, synagogues, temples and other places of worship

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
RA Rural Districts (RA-1 and RA-10), R-1-6 District, R-1 Districts (R-1-12, R-1-15, R-1-20) and PRD District:
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.

Clothes-cleaning pickup agency

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 400 square feet of floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts and includes self-service cleaning establishments.

Coffee shops

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Cold-storage plants and ice manufacturers

College or university bookstore, student cafeteria, snack bar(s) or other food service facilities and institutional maintenance facilities

Colleges and schools, public and private

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: R-1-12, R-1-15, R-1-20

Vehicle Parking:
1 parking space for each 15 seats or student stations.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

R-1 Residential Single-Family Districts (R-1-12, R-1-15 and R-1-20) and PRD District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use includes nursery schools, kindergartens, day nurseries and parks, but not including a business, dancing, trade, technical or similar schools.

Commercial artists

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Commercial driving schools

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GI

Vehicle Parking:
1 parking space per 3 seats in classrooms.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-21B or § 500-21C must apply to the Planning Board for a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accordance with established requirements.

Commercial off-street parking lots

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Commercial off-street parking lots are subject to the provisions of Article VI: Supplementary Regulations, § 500-43: Off-street parking and loading.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for the GB District.

Commercial, service and other nonresidential uses

Districts Where Allowed Districts Allowed by Right: NB, PUD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PUD District:
These uses and their accessory or associated uses are permitted outright in this district.
These are to be scaled and located on the site, primarily to serve the residents of the planned unit development.

Community centers owned and operated by a government agency

Confined or concentrated animal feeding operation (CAFO)

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
Confined or concentrated animal feeding operation (CAFO) as may be further regulated by the New York State Department of Environmental Conservation and or New York State Agriculture and Markets.

Convenience stores, and convenience stores with petroleum

CONVENIENCE STORE
A building available to the public and operated for commercial gain which is used for the retail sales of personal service items, including but not limited to groceries, beverages (including those further regulated by the State Liquor Authority), tobacco products and health and beauty items. As used in this chapter, the term also means "mini-mart."

Districts Where Allowed Districts Allowed by Right: GB, GI, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB, GB and GI Districts:
This use and their accessory uses are permitted outright in these districts and exclude stores which exceed 2,500 square feet, but includes the sale of petroleum products.

Convents, rectories, and parish houses

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.

Conversion of an existing dwelling unit to a permitted use

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, NB, PRD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.

Credit bureaus

PROFESSIONAL OFFICE
The office of a lawyer, doctor, dentist and any activity or service licensed pursuant to the provisions of the Education Law of the State of New York.

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Customary home occupations

CUSTOMARY HOME OCCUPATION
An occupation or a profession:

A. Which is carried on wholly within the enclosed walls of the dwelling or attached garage, and does not use more than 25% of the floor area, or a maximum of 500 square feet, whichever is less;
B. Which is carried on by members of the family residing in the dwelling;
C. Which is clearly incidental and secondary to the use of the dwelling for residential purposes;
D. Which shall not change the character of the neighborhood in which it is located;
E. Which shall not be advertised by any exterior signage; and
F. In which the repair of gasoline or diesel engines or motors, not owned by one of the members of the family residing in the dwelling, is expressly excluded.

Districts Where Allowed Districts Allowed by Right: AC, PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20, RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is permitted outright in this district and is allowed as part of any non-agricultural-related residential dwelling unit.
RA Rural Districts (RA-1 and RA-10), R-1-6 District and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted outright in these districts.
RM District:
This use is permitted outright in this district.
NOTE: Must have written approval of the property owner if a tenant.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district fully serviced or not serviced by public sewers and public water.

Data processing

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted outright which includes these licensed professionals and associated offices.

Delicatessens

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Department and clothing stores

Dog grooming establishments

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts and excludes boarding facilities or kennels.

Dumpsters and recycler units

RECYCLER UNIT
An enclosure used for the temporary storage and discarding of recyclable materials that include, but are not limited to, aluminum, boxboard, corrugated material, glass bottles, paper products, used clothing and apparel, metal, newsprint, plastic and any allowable material in accordance with Monroe County recyclable waste standards.

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

This accessory use shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

A. An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.
B. In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.
C. Dumpsters and recycler units.

(1) Dumpsters and recycler units may be used as an accessory use for commercial, industrial or residential trash storage or recyclables storage upon obtaining a permit from the Director of Planning, head of the Building Department, or similar officer or designee. The fee for the dumpster permit shall be set forth by the Town Board. The dumpster permit shall run per calendar year. Dumpsters and recycler units shall comply with the following regulations:

(a) Dumpsters and recycler units shall be fully enclosed by an opaque fence or wall which shall be no lower than one foot above the top of the dumpster or recycler unit.
(b) Dumpsters and recycler units shall be locked at all times to prohibit unauthorized use.
(c) The area around the dumpster and recycler unit shall be kept clean.
(d) No trash or recyclables will be permitted to be stored outside the dumpster or recycler unit.
(e) Dumpsters and recycler units shall be promptly emptied when full.

(2) The property owner on whose property a dumpster and/or recycler unit is located shall be responsible for the removal of ground litter, garbage and refuse within a seventy-five-foot radius of the dumpster or recycler unit, whether the litter, garbage or refuse is on the property of the owner or on adjoining property.
(3) All companies and businesses that store, supply, rent, lease, sell and service dumpsters and recycler units in the Town of Chili shall comply with these regulations.

Dwelling units not on the first floor of a building

DWELLING UNIT
One or more rooms designed for occupancy by one family, or one student residence, for residential purposes with independent housekeeping facilities.

Districts Where Allowed Districts Allowed by Right: PRD, PUD Districts where this use may be allowed with a Special Use Permit: GB

Vehicle Parking:
1- and 2-family dwellings: 3 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for the GB District.

Employment agencies

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Excavation and removal of sand, gravel, stone, loam, dirt or other earth products

EXCAVATION
The removal of soil, sand, gravel or other natural deposits by excavating, stripping or other means for the principal purpose of marketing these deposits. It does not include excavation primarily for purposes other than those of marketing natural deposits, such as for grading approved subdivisions, for constructing housing or other structures or for laying out public utilities, pipes or mains, all of which require building or other permits before commencement of work.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use is subject to the provisions of Article VI: Supplementary Regulations, § 500-56: Excavations, as follows:

A. All excavations and appurtenant activities commenced henceforth shall be in conformity with provisions of this chapter and the New York State Mined Land Reclamation Law and shall be located only within areas specifically permitted according to the provisions of this section. No person or corporation shall commence operations of a new mine or engage in mining operations from which more than 1,000 tons of minerals will be removed from the earth within 12 successive calendar months unless a permit for such mining operations shall first have been obtained from the New York State Department of Environmental Conservation.
B. Purpose. It is the purpose of this section to allow for excavation of materials while providing necessary antipollution measures and assuring proper rehabilitation measures to protect the health, safety and welfare of the community.
C. Permitted areas of operations. Excavation or mining operations may be permitted in all zones, except residential zones, upon obtaining a special use permit from the Planning Board according to the provisions of this section and Article IV: Special Permit Uses.
D. Dimensional and safeguard requirements.

(1) The active excavation area shall not exceed a total of five acres at any one time.
(2) No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line, excepting that grading may be conducted within such limits in order to provide adequate access to the premises. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities, except one public notice sign for identifying use, buffer effect and those conditions stated in Subsection 7 below pertaining to top- and subsoil preservation.
(3) All equipment, structures and other operation facilities, including sedimentation ponds, shall not be closer than 200 feet to the right-of-way of the public highway or to an adjoining property line, except when the applicant demonstrates that the topography necessitates the location of a sedimentation pond elsewhere and also demonstrates that sufficient safeguards will be constructed or provided for the protection of neighboring residents. Screening from public view will be provided as required in this chapter and as may be additionally required by the Town Planning Board.
(4) Each tract of land to be granted a special permit for excavation must use only direct access to major highways and have proof of legal right to that access.
(5) All access roads shall be constructed to include a curve so as to screen the operation from public view; provided, however, that the junction of the access and the public road must be at an angle of not more than 10° deviation from a right angle.
(6) Fencing shall be required on all sides of an excavation area. Fencing no closer than 40 feet to a public right-of-way or an adjoining property line shall be at least five feet in height and of a type approved by the Planning Board.
(7) Topsoil preservation. All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the restoration plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This provision applies to all operations, except that of topsoil removal.
(8) Landscape. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of screening and noise reduction. If, however, the existing topography and natural vegetation does not lend itself to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden around the perimeter of the excavation site or create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of property boundaries. The type and design of screening shall be approved by the Town Board after referring the proposal to the Monroe County Soil and Water Conservation District and the Monroe County Department of Planning. Adequate maintenance approval of the landscape by the Town Engineer shall be required for all permit renewals.
(9) Safety. All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons; physical damage to adjacent land or improvement; or damage to any street by reason of slides, sinking or collapse.
(10) Hours of operation. The permitted hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset, prevailing local time. No operations will be allowed on Sundays. Loaded trucks may leave prescribed premises only within such hours, except in the case of a public emergency or whenever any necessary repairs to equipment are required to be made.
(11) The developer must show all or any routes to and from the site.
(12) Dust and dirt control. All haulageway routes leading to public highways shall be dust- and mud-free. All precautions, such as oiling or watering daily or more frequently if and when necessary, shall be taken to prevent dust, dirt and sand from being blown from the premises. Also, the first 200 feet of access from public roads shall be paved.
(13) Noise. Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property or interfere with airport communications.
(14) Drainage system. An adequate and comprehensive drainage system shall be provided to convey the stormwater runoff originating on and crossing the premises in accordance with the natural direction of runoff for the total watershed area. No excavation shall be allowed closer than 50 feet to a natural stream. Sediment control measures must be installed to keep all sediment damage on applicant's property. The Town Engineer shall determine whether or not the system and control measures are adequate and being used before approval of an original or renewal permit.

E. Restoration and revegetation requirements.

(1) Slope. No slope shall be left with a grade steeper than one foot on three feet; provided, however, that for quarry operations, the Town Engineer shall certify that the face of the quarry wall is safe and acceptable and may require any means necessary to reinforce unsafe faces.
(2) All debris, stumps, boulders, etc., shall be removed from the site and disposed of, or in case of inorganic material, buried and covered with a minimum of two feet of soil.
(3) Timing. Restoration shall be a continuous operation, subject to field review and approval at each annual inspection and at the end of the permit period by the Town Engineer and anyone else designated by the Town Board. Grading of topsoil or cover material and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal can be granted. Plans for reuse of a quarry that does not call for restoration shall be approved by the Planning Board and the Town Engineer.
(4) Topsoil and fertilizing. Subsoil and topsoil shall be respread over the excavation area to a minimum depth of one foot; six inches of topsoil and six inches of subsoil. This soil shall be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by the Town Engineer after conferring with the Monroe County Soil and Water Conservation District. Trees or shrubs shall be planted in order to provide screening, natural beauty and to reduce erosion. The planted area shall be protected from erosion during the establishment period, using approved conservation practices.
(5) During and upon completion of the excavation operation and within six months after completion of the excavation operation, the land shall be left so that natural storm drainage leaves the property at the original drainage points. Also, the volume of drainage to any one point shall not be increased.
(6) Within six months after termination of the excavation operation, all equipment, buildings, structures, etc., shall be removed from the premises and all restoration will have been completed.

Facilities and properties used for governmental services

Districts Where Allowed Districts Allowed by Right: PID

Vehicle Parking:
See § 500-24F for detailed information on parking in the PID District.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PID District:
These uses are permitted in the Planned Institutional Development (PID) District subject to the requirements set forth in § 500-24: PID Planned Institutional Development District; and the procedures of site plan review and approval as further set forth in Article V: Site Plan Approval of this chapter of the Town Code.
These uses include administrative offices, libraries, parks and recreational areas, highway maintenance and other public utilities.

Facilities used for educational uses, clinical uses, sanitariums, research, nursing homes, supervised residential institutions, rehabilitation therapy centers, public health and convalescent uses

Districts Where Allowed Districts Allowed by Right: PID

Vehicle Parking:
See § 500-24F for detailed information on parking in the PID District.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PID District:
These uses are permitted in the Planned Institutional Development (PID) District subject to the requirements set forth in § 500-24: PID Planned Institutional Development District; and the procedures of site plan review and approval as further set forth in Article V: Site Plan Approval of this chapter of the Town Code.
These uses ar allowed as they may be integral to medical care facilities; and including residential facilities for faculty, staff and students of such institution.

Farm labor housing

Districts Where Allowed Districts Allowed by Right: AC, PRD

Vehicle Parking:
3 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is permitted outright in this district and includes detached, single-family dwelling units, as regulated by the New York State Uniform Code, the New York State Office of Housing and Urban Development and the Monroe County Department of Health, may be permitted on the same lot/parcel where other farm structures are located, provided such unit/ are occupied by a farm labor employee and their immediate family.
A detailed site plan is not required for the first farm labor employee dwelling unit to be erected on a lot/parcel of land that is related to an established farming operation. However, a detailed site plan is required to be approved by the Planning Board for a second or more farm labor employee dwelling unit(s) to be erected on land that is part of an established farming operation.
Such dwelling unit(s) shall be sited in such a manner as to cause the least disruption to established agricultural operations occurring on the farm lot/parcel.
Each such type of dwelling unit shall have a minimum of 850 square feet of habitable floor area.
Each such dwelling unit shall be an independent living unit having separate eating, living, laundry and bathroom facilities.
At least one of the farm labor housing tenants must be legally employed by the farm operator and their primary place of employment shall be the farm on which the farm labor dwelling unit either is located, or adjacent land owned by the farm labor housing tenant's employer.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.

Funeral homes and mortuaries

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, NB, PRD

Vehicle Parking:
30 parking spaces for 2 parlors, 10parking spaces per each additional parlor.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.

Garages, residential

GARAGE, PRIVATE
An accessory structure associated with dwelling units, used to shelter private passenger vehicles and/or personal property, and in which no space is leased to a nonresident of the premises or otherwise used for commercial purposes.

Districts Where Allowed Districts Allowed by Right: PRD, R-1-12, R-1-15, R-1-20, RAO-20, RM Districts where this use may be allowed with a Special Use Permit: PID, PUD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

This accessory use shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

A. An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.
B. In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.
C. A residential garage, attached, detached, or both, may not be larger than a total of 1,200 square feet, nor shall it be higher than the ridgeline of the dwelling for that lot as measured from the floor level of the structure, unless the specific zoning district where the structure is located specifically permits larger dimensions.

Garden supply store

Gift shops

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts and exclude gift shops which exceed 2,500 square feet.

Greenhouses, commercial

AGRICULTURE or FARMING
The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that the above uses shall not include the operation of a feed lot or other commercial feeding of animals or the manufacturing or processing of agricultural products as a principal use.

Districts Where Allowed Districts Allowed by Right: AC, PID

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is permitted outright in this district and includes greenhouses (that occupy not more than 30% of an actively farmed parcel of land), nurseries, forest and wildlife preserves, (on land not being used as a part of any established agricultural operation).
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.
PID District:
This use is permited as an accessory use in the Planned Institutional Development (PID) District subject further to site plan approval as set forth in Article V: Site Plan Approval of this chapter of the Town Code.
This use as an accessory use shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

A. An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.
B. In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.
C. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential district, provided that there are no sales and that its height shall not exceed 12 feet.

Grocery stores

Districts Where Allowed Districts Allowed by Right: GB Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
1. Retail store and grocery store (except supermarkets and stores selling bulky merchandise) and grocery stores 1,500 square feet gross floor area or less: 1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
2. Supermarkets, grocery store over 1,500 square feet gross: 1 parking space per 75 square feet of floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted outright in this district and includes grocery stores/convenience markets with petroleum stations.
LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Guesthouse

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PID, PRD, PUD, R-1-12, R-1-15, R-1-20, RAO-20, RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

This accessory use shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

A. An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.
B. In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.
C. A guesthouse may be maintained accessory to a dwelling, provided that there are not cooking facilities in the guesthouse, contingent upon obtaining a special use permit and site plan approval according to Article IV: Special Permit Uses and Article V: Site Plan Approval.

Hardware stores

Districts Where Allowed Districts Allowed by Right: GB Districts where this use may be allowed with a Special Use Permit: NB

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD, RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.

Health and/or fitness centers

Districts Where Allowed Districts Allowed by Right: GB

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted outright in this district.

Health food stores

Home businesses

HOME BUSINESS
An occupation or profession as defined under "customary home occupation" which will allow not more than one person, other than a family member residing in the dwelling, to be employed in the business.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20, RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC, RA Districts (RA-1 and RA-10), R-1 Districts (R-1-12, R-1-15, R-1-20) and PRD District:
This use is allowed as a special permit use on a lot/parcel located within the AC District and RA Districts, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
Home businesses, customary home occupation, as defined elsewhere in § 500-101: Definitions. of the Town Code, provided that not more than one person, other than a family member residing in the dwelling, may be employed in the business.
RM District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Home businesses which would otherwise meet the definition of "customary home occupation," provided that not more than one person, other than a family member residing in the dwelling, may be employed in the business. NOTE: Must have written approval of the property owner if a tenant.

Home furnishing and furniture stores

Hospital equipment and supplies

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, NB, PRD, RB

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.

Hospitals

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre

Vehicle Parking:
3 parking spaces per 2 beds.
See § 500-65: Height regulations for more detailed information on height regulations.

Development Requirements:

RA Rural Districts (RA-1 and RA-10), R-1 Districts (R-1-12, R-1-15, R-1-20) and PRD District:
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.

Hotels and motels

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB

Vehicle Parking:
1 parking space per guest room plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for this district.

Household appliance store, new

Ice cream parlors

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Jewelry stores

Kennels, private, animal

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, GB, GI, LI, NB, PRD, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
RA Districts (RA-1 and RA-10) Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use is allowed provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any lot being used for residential purposes.
PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
NB, RB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use is allowed provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any lot being used for residential purposes.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.
LI and GI Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use is allowed provided that no structure or area used for such purposes, including pens and exercise yards, shall be located within 200 feet of any lot being used for residential purposes.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit for the LI and GI Districts.
Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accordance with established requirements.

Leather stores

Libraries and reading rooms

Light fabrication and repair shops

Districts Where Allowed Districts Allowed by Right: GI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted outright in this district.
This use includes such uses as blacksmith, cabinet, electric motor, heating, machine, sheet metal, stone monuments, upholstery and welding.

Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials

Districts Where Allowed Districts Allowed by Right: GI, LI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI and GI Districts:
This use and its accessory uses are permitted outright in this district and includes such materials as cloth, plastic, paper, leather, precious or semiprecious metals or stones.

Lighting of outdoor recreational or stadium facilities

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PID

Vehicle Parking:
See § 500-24F for detailed information on parking in the PID District.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PID District:
These uses and their accessory uses are permitted in the Planned Institutional Development (PID) District, when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.

Liquor stores

Luggage stores

Management consultants

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Manufacture of electric, electronic or optical instruments or devices

Manufacture of food products

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Manufacture of pharmaceuticals

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Manufactured homes and manufactured home parks

MANUFACTURED HOME
Any home factory-built in the United States to the Housing and Urban Development (HUD) Title 6 construction standards (commonly known as the "HUD" standard). A manufactured home is built on a permanent chassis to ensure transportability. However, typically a manufactured home is not moved from its initial installed site.

MANUFACTURED HOME PARK
Any lot, piece or parcel of ground whereon two or more manufactured homes are parked or located.

Districts Where Allowed Districts Allowed by Right: PUD

Vehicle Parking:
2 parking spaces per unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

Regulations for manufactured homes not located in trailer home parks. No manufactured homes shall be located outside of manufactured home parks.

General standards for manufactured home parks. The Planning Board shall review each proposed manufactured home park in terms of the following standards:

(1) The park shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(2) The park shall not be hazardous or detrimental to existing or future neighboring uses.
(3) The park shall be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services.
(4) The park shall not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(5) The park shall be consistent with the intent and purpose of this chapter and the Comprehensive Plan.
(6) The park shall have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(7) The park shall not result in the destruction, loss or damage of natural, scenic or historic features of major importance.
(8) The park shall meet all the requirements of the State of New York and Town of Chili Building Codes and Health and Sanitary Codes.
(9) Before any manufactured home is placed on any lot within the park, a building permit shall be secured from the Chili Building Department by the owners of the park. A plot plan shall accompany each permit application.
(10) The New York State Insignia of Approval shall be affixed to any manufactured home brought into the park pursuant to § 400-dd(3) of Article 19-AA of the Executive Law and the State Code for Construction and Installation of Manufactured Homes of January 15, 1974.
(11) Electrical inspection and a certificate of compliance shall be required for all new installations. The owners of the park shall be responsible for ensuring that the inspection is made by an approved electrical inspection agency licensed by the Town of Chili, per Chapter 248: Electrical Inspections, of the Code of the Town of Chili.
(12) A certificate of occupancy/certificate of compliance shall be secured from the Town of Chili Building Department upon completion of the above items, pursuant to § 500-91: Certificate of occupancy/certificate of compliance required.

Manufactured home park requirements. Manufactured home parks shall meet the following requirements.

(1) The only type of manufactured home allowed within a manufactured home park shall be an independent manufactured home which has a toilet and bath or shower when completed. Each manufactured home placed within the manufactured home park shall have a minimum floor area of 720 square feet of living area.
(2) Dimensional requirements.

(a) A manufactured home park shall contain a minimum of five acres.
(b) The maximum density shall not exceed four manufactured homes per gross acre.
(c) The minimum width of the manufactured home development shall not be less than 250 feet. The ratio of width to depth shall not exceed 1:5.
(d) All manufactured homes or accessory buildings shall be located no closer than 40 feet to the front property lines, nor closer than 15 feet to the side or rear property line. However, if the side or rear property line abuts an arterial street, the minimum side or rear yard shall be 60 feet.
(e) The maximum height of manufactured homes and accessory buildings shall not exceed 12 feet.
(f) Each manufactured home park shall be subdivided and marked off into lots. Each manufactured home lot shall contain a minimum area of 7,500 square feet with no more than one manufactured home permitted to occupy any one park lot.
(g) The minimum width of each manufactured home lot shall be 60 feet and the minimum depth of each lot shall be 125 feet. The minimum width of corner lots, however, shall be 70 feet.
(h) The four corners of each manufactured home lot shall be marked in a manner acceptable to the Planning Board.
(i) There shall be a minimum clearance of 30 feet between individual manufactured homes.

(3) Street, parking and walkway requirements.

(a) All manufactured home parks should have access to adequate collector streets with a right-of-way not less than 60 feet in width. Marginal access roads may be required if deemed necessary for manufactured home parks that would have direct access onto an arterial or collector street.
(b) The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development. All streets shall be paved and curbs and gutters shall be installed. The pavement width of all streets shall be not less than 30 feet. The design and construction of the interior street system shall conform to the requirements of the Town of Chili. Parking on interior streets shall be permitted on one designated side only. Street width shall be measured from back of curb to back of curb.
(c) All manufactured home parks shall have paved pedestrian walkways at least four feet in width. The location of necessary walkways shall be decided by the Planning Board and may vary relative to location, intensity of use and location of recreational areas and service buildings.
(d) Each manufactured home lot shall be provided with a paved driveway to accommodate off-street parking for two vehicles. The size of the driveway shall not be less than 400 square feet.
(e) Each manufactured home lot shall be provided with a minimum three-foot walkway leading from the main entrance to the main walkway or adjacent street.
(f) Each manufactured home lot shall be provided with a stable base upon which to place the manufactured home. This base shall be approved by the Planning Board.
(g) Each manufactured home lot shall be provided with a paved patio area at least 100 square feet in area. The patio should be located on the entrance side of the manufactured home.
(h) Each manufactured home lot shall be provided with anchors and tie-downs such as cast-in-place concrete, dead-men eyelets embedded in the concrete runways, screw augers, arrowhead anchors or other devices for securing the stability of the manufactured home.

(4) Utilities and other service requirements.

(a) Within each manufactured home park, storm drainage, in addition to any other requirements of the Town, shall be provided in accordance with the following requirements:

[1] All areas of a manufactured home park shall be graded in a manner so that there will be no poorly drained areas. Grading shall not obstruct the natural drainage of surrounding properties.

(b) Within each manufactured home park there shall be installed a water supply and distribution system in conformance with the requirements of the New York State Department of Health. Each manufactured home lot shall be connected to this system.
(c) Within each manufactured home park there shall be installed a sanitary waste distribution system which shall be connected with the municipal sewer system. Each manufactured home lot shall be connected to this system.
(d) Each manufactured home shall be provided with suitable electrical equipment in accordance with the National Electrical Code and local codes to provide not less than 60 amperes of power capability. All equipment shall be grounded and weatherproofed.
(e) All interior streets and walkways shall be lighted with two-hundred-watt lamps at intervals of 160 feet located alternately on each side of street. Said lights to be placed on standard light poles. This shall apply to the enlargement of any present manufactured home park and to any manufactured home park established in the Town of Chili subsequent to the enactment of this chapter.
(f) Within each manufactured home park, all utility lines, including those for electricity and telephone service, shall be located underground.
(g) The storage and collection of garbage and refuse within each manufactured home park shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. All garbage shall be stored in flytight, rodentproof containers. These containers shall be located no more than 100 feet from any manufactured home lot and shall be collected at least once weekly.
(h) Within each manufactured home park there shall be provided a fire protection system approved by the Town of Chili Planning Board after referral to the local fire authority and an approved electrical inspection agency licensed by the Town of Chili.
(i) Service buildings may be provided by the management for offices, repair, storage, laundry facilities and indoor recreation areas. No such building shall be located closer than 50 feet to any manufactured home. Service buildings shall be well lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 65° F. during the period from October 1 through May 1. The floors of the service buildings shall be of a water-impervious material.

(5) Landscaping, recreation and open space requirements.

(a) On each manufactured home lot, at least one deciduous hardwood tree a minimum of two inches caliper shall be planted in the front yard and shall have a positive take.
(b) At least 10% of the gross land area of the manufactured home park shall be reserved for recreational and open space uses. This figure is in addition to any other open areas required by yard requirements or other sections of this chapter. A clustering of units is encouraged.
(c) The outer boundaries of a manufactured home park shall contain a buffer zone. This buffer zone shall be composed of a green strip, not less than 20 feet in width, located along all park boundaries. The type of plantings and landscaping shall be approved by the Planning Board. This buffer may be in a yard adjacent to a street or road, provided that all other provisions of the chapter are met.
(d) Each manufactured home shall be skirted, entirely enclosing the bottom section, within 90 days after its placement.

(6) Supplementary conditions and safeguards.

(a) In approving any manufactured home park, the Planning Board may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the approval, shall be deemed a violation of this section.
(b) It shall be unlawful to permanently affix any manufactured home to the ground.
(c) All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

(7) See § 500-57E(7) for information on permit renewal.
(8) Registration of manufactured home park occupants. The owner or operator of each manufactured home park shall keep a permanent record, in writing, of all persons occupying or using the facilities of each manufactured home park, which record shall include the following:

(a) Name and address of each occupant of each manufactured home.
(b) Date of arrival at and departure from said park of each occupant.
(c) Name and address of owner of each manufactured home.
(d) The owner or operator of each manufactured home park shall file in duplicate with the Town Clerk on or before the third day of January and July of each year a record of the names and addresses of all persons who shall have occupied or used the facilities of the manufactured home park during the preceding 1/2 year or any portion thereof.

Requirements applicable to all manufactured homes.

(1) No manufactured home shall park or remain upon any public highway in the Town of Chili.
(2) No manufactured home shall be permitted to park or remain in the Town of Chili outside of a manufactured home park or permitted district. No more than one such manufactured home shall be permitted to park upon any one lot or parcel of land where the owner of the manufactured home is the owner of the premises where it is parked; manufactured homes owned by guests shall not be permitted to remain upon private property for a period in excess of 72 hours in any three-month period.
(3) No person, corporation or any other legal entity shall be permitted to lease land to place a manufactured home thereon to avoid the purposes and purports of this chapter, and should any person, corporation or any other legal entity do so, both the lessor and the lessee shall be guilty of violating this chapter and subject to the penalties thereunder.
(4) None of the provisions of this section shall be applicable to any manufactured home stored or garaged within a frame or masonry building where such manufactured home is not being occupied as living or sleeping quarters. Owners of property where a manufactured home/s is/are housed must sign an affidavit of no occupancy.

See § 500-57: Manufactured homes and manufactured home parks. for complete information.

Manufacturer's agents

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of floor area plus 1 parking space per 2 employees.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Massage business

MASSAGE ESTABLISHMENT
Any business that offers massage, massage therapy or body work or similar services in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs - shall be deemed a massage establishment under this chapter. The term "massage establishment" or "massage business" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, RB

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

Licensing requirements.

(1) Except as otherwise provided in § 500-30F, Exemptions, it shall be unlawful for any individual to practice massage, massage therapy or body work for compensation as a sole proprietorship, or operator, owner or employee of a massage establishment, or in any other capacity within the Town, unless that individual is duly licensed pursuant to Article 155 (Massage Therapy) and/or Article 160 (Acupuncture) of the New York State Education Law.
(2) Massage establishments shall maintain on the premises, in a conspicuous location viewable by the public, the New York State Department of Education license held by all massage therapists, massage practitioners and all persons providing massage therapy at that business or establishment.

Permitting requirements.

(1) Special permit. All (exempt and nonexempt) massage establishments shall obtain a special permit in accordance with this section.
(2) Massage business registration permit. All massage establishments shall obtain an annual massage business registration permit and pay a massage business registration fee sufficient to cover registration costs, in accordance with the Fee Schedule established by the Town Board. The registration application for a massage business registration permit shall include all of the following:

(a) Legal name of the massage business.
(b) Address and telephone number of the massage business establishment.
(c) Legal names, residential street addresses and telephone numbers of all owners of the massage business.
(d) A list of all of the massage business's employees and independent contractors who are performing massage and their license pursuant to Article 155 and/or Article 160 of the New York State Education Law.
(e) Business address and telephone number of all owners of the massage business.
(f) The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
(g) Each owner or operator of the massage business who is not a New York State licensed massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the Town.
(h) For all owners, a valid and current driver's license and/or valid identification issued by a state or the United States Government.
(i) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy and acknowledging that failure to comply with the New York State Education Law, any local, state, or federal law, or the provisions of this section may result in revocation of the business's registration permit.

(3) Issuance. Before issuance of the massage business registration permit, the foregoing documentation shall be reviewed and approved by the Building Department Manager or his designee. Business registration shall be valid from the date of issuance and shall automatically expire on December 31 of the calendar year in which it was issued. No permit shall be granted to any owner, operator, establishment or person if that owner, operator, establishment, co-owners, employees, independent contractor, lessee or person has previously had a permit revoked by the Town of Chili.
(4) Modifications. If at any time the content of the registration application for which a permit has been issued shall change, a new registration application shall be required pursuant to this section and a new fee shall be paid.
(5) Renewal. A massage business shall apply to the Town to renew its business permit at least 30 calendar days prior to the expiration of said business registration. Failure to renew a business permit shall be grounds for the Town to revoke any business permit.
(6) Revocation. A massage business establishment's registration may be revoked for violations of the Code of the Town of Chili, any governing law of the County of Monroe, State of New York or federal statute.

Health and safety requirements. The following health and safety requirements shall be applicable to all massage establishments within the Town of Chili:

(1) The Town business permit(s) as well as the New York State license of each and every massage practitioner engaged in the practice of massage therapy shall be displayed in the reception area or similar open public place on the premises during working hours and at all times when the massage practitioner is inside a massage establishment or providing outcall massage.
(2) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m. Off-premises, in-home massage hours shall be at the discretion of the client.
(3) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, operator, establishment, co-owners, employees, independent operator, lessee or person shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for service other than that on the list of services.
(4) All massage establishments, including but not limited to owners, operators, co-owners, employees, independent operator, lessee or person, massage practitioners, and those engaged in acupressure or acupuncture, shall wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest.
(5) No massage establishment shall operate as a sexual encounter center or sexually oriented business as defined in § 500-101: Definitions of the Code of the Town of Chili.
(6) All signs shall be in conformance with the current Sign Code of the Town of Chili.
(7) Any massage practitioner and/or massage establishment shall operate only under the name specified in his or her massage business registration permit and New York State license.

See § 500-30: Massage business. for complete information.
See Business Application for more details.

Medical and dental laboratories

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, NB, PRD, RB

Vehicle Parking:
1 parking space for each 15 seats or student stations.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.

Modular dwellings

MODULAR DWELLING
A dwelling unit which must be transported to a building site in at least two sections, each of which must be transported separately, which may or may not have a complete heating system or applied siding at the time of transit and shall become a fixed dwelling on rigid supports upon the completion of construction. This does not mean to include precut-section construction techniques.

Districts Where Allowed Districts Allowed by Right: R-1-12, R-1-15, R-1-20, RAO-20, RM Districts where this use may be allowed with a Special Use Permit: PRD, PUD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

The following are regulations for modular dwellings not located within manufactured home parks. Modular dwellings may be allowed in residential districts, provided that they meet the following requirements:

A. There shall be only one dwelling per legal lot.
B. All modular dwellings shall meet all of the requirements of the New York State Uniform Fire Prevention and Building Code ("Uniform Code"), State Energy Conservation Construction Code ("Energy Code") and the Code of the Town of Chili applicable to single-family homes.
C. The minimum size for a modular dwelling shall be consistent with requirements for a single-family dwelling.
D. An electrical inspection and a certificate of compliance shall be required for all modular dwellings. The inspection shall be made by an approved electrical inspection agency licensed by the Town of Chili.
E. Upon completion of construction, the modular dwelling shall be similar in appearance to that which presently exists in the area.
F. A certificate of occupancy/certificate of compliance must be issued by the Building Department before the modular dwelling is occupied.

Motor vehicle sales, parts distribution, repair and service stations

MOTOR VEHICLE REPAIR STATION
A structure available to the public and operated for commercial gain which is used for the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission repair; body or frame straightening or repair; exhaust repair, painting, refinishing or undercoating; or installation or repair of tires, glass, upholstery or radio or audio equipment.

MOTOR VEHICLE SALES CENTER
A structure available to the public and operated for commercial gain which is used for the purpose of selling motor vehicles and motor vehicle repair parts.

MOTOR VEHICLE SERVICE STATION
A structure available to the public and operated for commercial gain which is used for the sale of automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts not defined under "motor vehicle repair station."

Districts Where Allowed Districts Allowed by Right: GI, LI

Vehicle Parking:
1 parking space per 400 square feet of floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI and GI Districts:
This use and its accessory uses are permitted outright in this district.
This use is intended to serve primarily large trucks, including tractor trailers and recreational vehicles and that all vehicle maintenance shall be within an enclosed building.

Musical instrument stores

Neighborhood business permitted and conditionally permitted uses

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
These uses are permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Neighborhood retail stores

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PNOD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use and its accessory uses are permitted in the Planned Neighborhood Overlay District (PNOD), subject to the requirements set forth in this section and including but not limited to the requirements of § 500-23B(2), when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.
This use is permitted as a special permit use providing the structures and site layout are designed to complement abutting residential development. Such neighborhood retail uses are intended to meet a demand as determined by a reputable market study that is to be submitted with said application for rezoning. The total gross floor area for each commercial structure shall not exceed 10,000 square feet.

Nonagricultural single-family residential lot

DWELLING, SINGLE-FAMILY
A building designed or used for residence purposes by not more than one family, containing one dwelling unit only and meeting the following floor area standards: one-bedroom: 850 square feet; two-bedroom: 1,000 square feet; three bedroom: 1,150 square feet; and four-bedroom: 1,300 square feet.

Nursing, convalescent and rest homes

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre

Vehicle Parking:
1 parking space per 3 beds for patients or residents, 1 parking space for each 2 employees or staff doctors.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10), R-1 Districts (R-1-12, R-1-15, R-1-20) and PRD District:
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.

Off-street parking for institutional buildings, uses and events

Outdoor cafes

OUTDOOR CAFE
Those exterior facilities adjacent to and a part of establishments selling food and/or drink, entirely located on private property, open to the elements except for awnings and/or low walls or fences and temporary or permanent in nature, such as rooftop cafes and those at street level.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for the GB District.

Outdoor motorized recreational vehicle off-road tracks

OFF-ROAD TRACK
An open area of land used for the operation of motorized vehicles, at any speed, on the same parcel of land, regardless of whether or not the vehicles are involved with any aspect of racing. An off-road track is defined by the absence of natural vegetation caused by the operation of motorized vehicles.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
1. This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
2. Motorized recreational vehicle outdoor off-road tracks are subject to conditions provided for in § 500-34: Motorized recreational vehicle outdoor off-road track standards and subject to Article IV: Special Permit Uses. Outdoor motorized recreational vehicle off-road tracks shall only be located on a lot where the operator's single-family dwelling exists.
3. Motorized recreational vehicle outdoor off-road track standards.
The Town Planning Board may approve a conditional (or special) use permit for a motorized recreational vehicle outdoor off-road track, provided that the following criteria are met and maintained:

A. The applicant shall submit a site plan, prepared in accordance with the provisions of Article V of this chapter, of the property where the motorized recreational vehicle outdoor off-road track is to be located.
B. The applicant shall submit a written statement which sets forth the details of the motorized recreational vehicle off-road track.
C. The minimum lot size for a motorized recreational vehicle off-road track shall be 50 acres, which shall be exclusive of any other portion of the site.
D. No portion of a motorized recreational vehicle off-road track shall be located closer than 100 feet to a property line.
E. No portion of a motorized recreational vehicle off-road track shall be allowed where the noise level exceeds the noise levels described in Chapter 352: Noise, of the Code of the Town of Chili.
F. No motorized recreational vehicle off-road track shall be allowed to operate before 9:00 a.m. or after 7:00 p.m., prevailing time, or sunset, whichever shall first occur. On Sunday, the hours of operation shall be limited to 11:00 a.m. to 7:00 p.m., prevailing time, or sunset, whichever shall first occur.
G. Access shall be provided for emergency vehicles to all portions of the motorized recreational vehicle off-road track by an approved route shown on the site plan.
H. There shall be no lighting permitted of a motorized recreational vehicle outdoor off-road track that does not meet the Town lighting standards contained elsewhere in this chapter.
I. Any alteration of the land shall be clearly shown on the site plan. Upon termination of the track, the land shall be returned to its previous condition within six months. A performance bond, in an amount specified by the Town Engineer and in a format acceptable to the Town Board to permit the reclamation of the land, shall be filed with the Town.
J. A forty-foot-wide densely planted landscape buffer strip shall be provided along any portion of the property that is adjacent to a residential site or public highway.
K. Not more than two motorized vehicles may operate on an outdoor track at any one time.

Outdoor sales

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use excludes outside storage.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for the GB District.

Park and recreational areas

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use is permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Pet stores

Pharmacies, neighborhood

PHARMACY, NEIGHBORHOOD
A retail business primarily for the sale of medicines, drugs, cosmetics, medical supplies, health products and similar goods where the foregoing use occupies no less than 70% of the floor area of said business and where the revenues from sales of the foregoing equal or exceed 70% of gross revenues. Neighborhood pharmacies shall exclude drive-through service, and they shall exclude the sale of refrigerated foods.

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD Districts:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB and NB Districts:
This use and their accessory uses are permitted outright in these districts and excludes neighborhood pharmacies which exceed 2,500 square feet.
GB District:
This use and its accessory uses are permitted outright in this district and is allowed with or without a drive-through service.

Photographic and artist supplies and studios

Physicians, including urgent/immediate care facilities

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space for every 200 square feet of floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.

Pizzerias

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Places of public assemblage

Printing, publishing and bookbinding

Districts Where Allowed Districts Allowed by Right: GI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted outright in this district.

Private communications towers

COMMUNICATION TOWER, PRIVATE
A privately owned residential tower such as amateur radio antennas used strictly for personal use.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10) and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use is allowed provided that the same is for personal, not commercial, use and does not exceed the height restrictions set out in this chapter.

Private recreational facilities

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This accessory use is permitted in the Planned Neighborhood Overlay District subject further to site plan approval as set forth in the Town Code and includes, but not limited to swimming pools, tennis courts, walking/jogging trails, recreation centers, etc., that are designed exclusively for use by residents (and their guests) within the Planned Neighborhood Overlay District.

Processing uses

Districts Where Allowed Districts Allowed by Right: GI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GI District:
This use and its accessory uses are permitted outright in this district and includes such uses as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet- and rug-cleaning plants, cleaning and dyeing plants, tire-retreading, recapping and rebuilding.

Public and private utility buildings, structures, uses and public buildings

Districts Where Allowed Districts Allowed by Right: GI Districts where this use may be allowed with a Special Use Permit: GB, LI, NB, PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10), R-1-6 District and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use does not include corporation, construction or contractor storage or repair yards, warehouses, power plants and similar uses.
PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB District.
This use does not include corporation, construction or contractor storage or repair yards, warehouses, power plants and similar uses.
LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.
GI District:
This use and its accessory uses are permitted outright in this district and includes storage or repair yards.

Public buildings and grounds

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use is permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Public storage facilities

Districts Where Allowed Districts Allowed by Right: GI, LI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI and GI Districts:
This use and its accessory uses are permitted outright in this district.
Outside storage shall be limited to recreation vehicles and automobiles, excluding commercial vehicles.

Recreation uses

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, GI, LI, PRD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RM

Vehicle Parking:
1 parking space for each 5 persons plus 1 for each 4 seats.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC, RA Districts (RA-1 and RA-10), R-1 Districts (R-1-12, R-1-15, R-1-20) and RM District:
This use is allowed as a special permit use on a lot/parcel located within the AC District and RA Districts, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
This use includes such uses as playgrounds, golf courses, golf driving ranges, country clubs, swimming clubs and tennis clubs, but not including such intensive outdoor recreation uses as a race track or amusement park.
PRD, LI and GI Districts:
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use includes such uses as playgrounds, golf courses, golf driving ranges, country clubs, swimming clubs and tennis clubs.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit for the LI and GI Districts.
Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accordance with established requirements.

Residential type uses

Districts Where Allowed Districts Allowed by Right: PRD, PUD

Vehicle Parking:
1- and 2-family dwellings: 3 parking spaces per dwelling unit.
Multifamily dwellings: 2 parking spaces per dwelling unit.
Apartments, hotels, rooming houses or boardinghouses: 1 parking space for each guest accommodation, plus 1 additional parking space per 2 employees.
Mobile homes: 2 parking spaces per unit.
Dormitories or other housing for single students, including fraternity and sorority houses: 1 parking space for each 3 beds.

Development Requirements:

PUD District:
These uses and their accessory or associated uses are permitted outright in this district.
In developing a balanced community the use of a variety of housing types shall be deemed most in keeping with this district.

Residential units not on the ground floor of a building

Districts Where Allowed Districts Allowed by Right: PUD Districts where this use may be allowed with a Special Use Permit: GB, NB, PNOD, PRD

Vehicle Parking:
1- and 2-family dwellings: 3 parking spaces per dwelling unit.
Multifamily dwellings: 2 parking spaces per dwelling unit.
Apartments, hotels, rooming houses or boardinghouses: 1 parking space for each guest accommodation, plus 1 additional parking space per 2 employees.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-16B or § 500-16C must apply to the Planning Board for a special use permit for the RB, NB, and GB Districts.
PNOD District:
This use and its accessory uses are permitted in the Planned Neighborhood Overlay District (PNOD) are subject to the requirements set forth in this section and including but not limited to the requirements of § 500-23B(2), when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.
This use is permitted as a special permit use providing the residential dwelling units are not on the ground floor of a building and when the ground floor part of a building is a permitted nonresidential use.

Restaurant, limited-alcohol

RESTAURANT, LIMITED-ALCOHOL
A restaurant which serves alcoholic beverages (including beer, wine and/or liquor) for on-premises consumption as an accessory use to the restaurant operation. Annual gross receipts from the sale of beverages containing alcohol may not exceed 40% of the combined total receipts from food and beverages. Such restaurant shall have a full food menu, a fully equipped kitchen and a kitchen run by a chef. A restaurant with a bar area exceeding 500 square feet or 30% of the dining area shall be classified as a tavern.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PNOD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use and its accessory uses are permitted in the Planned Neighborhood Overlay District (PNOD), subject to the requirements set forth in this section and including but not limited to the requirements of § 500-23B(2), when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.

Limited-alcohol restaurants are subject to the following continuing conditions, in addition to the conditions contained in any special use permit:

(a) Limit on alcohol sales. Alcohol sales shall only be permitted as an accessory use to the limited-alcohol restaurant. Said restaurant shall not derive more than 40% of its gross sales from the use, sale or consumption of alcohol on the premises. Such restaurant shall provide the head of the Building Department, or designee, with an accounting report and documents evidencing same, prepared by a New York licensed, certified public accountant, providing proof that the restaurant derives no more than 40% of its gross sales from the use, sale or consumption of alcohol on the premises. Reports shall be provided to the head of the Building Department within 10 days of the end of each quarter (each three-month period) of each year.
(b) Drive-through service. Drive-through service and take-out windows are prohibited.
(c) Outdoor service of alcohol. Beverage alcohol may not be served or consumed in outdoor cafes.
(d) Use variance. These continuing conditions are fundamental elements to the use of a limited-alcohol restaurant and may not be varied except through issuance of a use variance by the Zoning Board of Appeals and approval by the State Liquor Authority.

Restaurant, no-alcohol

RESTAURANT, NO-ALCOHOL
A restaurant which does not serve alcoholic beverages.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PNOD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:

This use and its accessory uses are permitted in the Planned Neighborhood Overlay District (PNOD), subject to the requirements set forth in this section and including but not limited to the requirements of § 500-23B(2), when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.

Restaurants

RESTAURANT
A permanent building used for the serving of meals with table or counter chair facilities. A restaurant with a bar area exceeding 500 square feet or 30% of the dining area shall be classified as a tavern.

Districts Where Allowed Districts Allowed by Right: GB Districts where this use may be allowed with a Special Use Permit: PNOD

Vehicle Parking:
1 parking space per table or 1 parking space for each 200 square feet of floor area or 1 parking space per 4 seats whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

GB District:
This use and its accessory uses are permitted outright in this district.

Restricted business permitted and conditionally permitted uses

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
These uses are permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Retail or combination retail, wholesale lumber and building materials yard

Retail warehouse and retail wholesale clubs

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
1 parking space per employee plus 1 parking space per 700 square feet of patron serving area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Sales of agricultural products

AGRIBUSINESS
Agriculture or farming engaged in as a large-scale business operation including the production, processing, and/or distribution of agricultural products.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: R-1-12, R-1-15, R-1-20

Vehicle Parking:
1 parking space per 200 square feet of gross floor area but not less than 4 parking spaces.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

R-1 Residential Single-Family Districts (R-1-12, R-1-15 and R-1-20):

This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use is subject to the limitation that they are sold only during their local individual harvest season.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.

Schools for karate, dance, music, exercise, or vocational training

Districts Where Allowed Districts Allowed by Right: GB, NB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright in these districts.

Schools, public and private

Schools, specialized business or commercial

Districts Where Allowed Districts Allowed by Right: GB, NB, RB Districts where this use may be allowed with a Special Use Permit: PRD

Vehicle Parking:
1 parking space per 3 seats in classrooms.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PRD District:
This use and their accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
RB, NB and GB Districts:
This use and their accessory uses are permitted outright which includes these licensed professionals and associated offices.
This use excludes commercial driver training schools.

Scientific research or experimental development of materials, methods or products

Districts Where Allowed Districts Allowed by Right: GI, LI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI and GI Districts:
This use and its accessory uses are permitted outright in this district and includes engineering and laboratory research.

Senior citizen dwelling units and complexes

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
1 parking space per 3 beds for patients or residents, 1 parking space for each 2 employees or staff doctors.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use is permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Single-family detached units

DWELLING, SINGLE-FAMILY
A building designed or used for residence purposes by not more than one family, containing one dwelling unit only and meeting the following floor area standards: one-bedroom: 850 square feet; two-bedroom: 1,000 square feet; three bedroom: 1,150 square feet; and four-bedroom: 1,300 square feet.

Districts Where Allowed Districts Allowed by Right: PNOD

Vehicle Parking:
3 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PNOD District:
This use is permitted in the Planned Neighborhood Overlay District (PNOD) subject to the requirements set forth in this section, including but not limited to the requirements of § 500-23E(2), and the procedures of subdivision and site plan approval as further set forth in the Town Code.

Single-family dwellings

DWELLING, SINGLE-FAMILY
A building designed or used for residence purposes by not more than one family, containing one dwelling unit only and meeting the following floor area standards: one-bedroom: 850 square feet; two-bedroom: 1,000 square feet; three bedroom: 1,150 square feet; and four-bedroom: 1,300 square feet.

Districts Where Allowed Districts Allowed by Right: AC, PRD, PUD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20 Districts where this use may be allowed with a Special Use Permit: RM

Vehicle Parking:
3 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is permitted outright in this district.
A maximum of five single-family resident dwelling lots may be located upon land delineated within the Strategic Farmland Protection Area [as described in § 500-27C(1).
Said dwelling lots may be subdivided from an original lot/parcel existing at the time of the enactment of these regulations, which contains a minimum total of 30 acres of land.
An existing lot/parcel having less than 30 acres of land at the time the time of enactment of these regulations may be further subdivided, provided each lot(s) being created shall have a maximum of two acres of land and/or the total acreage being subdivided does not exceed 30% of the existing lot/parcel acreage.
Furthermore, each lot/parcel being subdivided that is that is located upon prime soils and/or unique classified soils (e.g., soils classification Groups 1 through 4, as are delineated upon a Soils Classification Map approved by the Monroe County Soil and Water Conservation District) may be permitted upon a showing that no lower classified soils (Groups 5 through 9) exist on the original lot/parcel which would be feasible for development.
Finally, all approved lots and dwellings shall be located in such a manner as to create the least disruption from established agricultural operations occurring on the original lot/parcel.
RA Rural Districts (RA-1 and RA-10), R-1-6 District and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted outright in these districts providing there is one single-family dwelling per legal lot.
RM District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Accessory structures shall conform to the provisions of § 500-60: Accessory uses.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district not serviced by public sewer and public water.

Solar energy systems

See § 500-124: Definitions for terms associated with solar energy systems.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, GB, GI, LI, NB, PID, PRD, PUD, R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20, RB, RM

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

Purpose.

A. This article is adopted to advance and protect the public health, safety, and welfare of the residents of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:

(1) To benefit from a safe, abundant and renewable energy resource;
(2) To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.
(3) To create synergy between solar energy and the goals and objectives of the latest edition of the Town's Comprehensive Plan and Agriculture and Farmland Protection Plan.
(4) To align the laws and regulations of the Town of Chili with policies of the State of New York, that encourage distributed energy systems.

Applicability.

A. The requirements of this section of the Town Code shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair.
B. Solar energy systems constructed or installed prior to the effective date of this article shall not be required to meet these requirements.
C. Modifications to an existing solar energy system that increase the solar energy system area (exclusive of moving any fencing) shall be subject to these requirements.
D. All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards.

General requirements.
A building permit shall be required for installation of all solar energy systems.

Safety.

A. Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
B. Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local Fire Department and, if the Tier 3 solar energy system is located in an ambulance district, the local Ambulance Corps.
C. If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with any applicable federal, state, or county laws or regulations.

Height requirements.

The following table displays the maximum height allowed for each type of solar energy systems. The height of systems will be measured from the highest natural grade below each solar panel.

Zoning District	Tier 1 Roof-Mounted	Tier 2 (feet)	Tier 3 (feet)
Residential	2 feet above roof	10	----
Neighborhood Business	4 feet above roof	15	----
Restricted Business	4 feet above roof	15	----
General Business	4 feet above roof	15	----
Limited Industrial	4 feet above roof	15	15
General Industrial	4 feet above roof	15	15
Agricultural Conservation	2 feet above roof	15	15

Key: ----: Not allowed.

See Article XIX: Solar Energy Systems for more information.

Stadium facilities

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PID

Vehicle Parking:
1 parking space per 4 seats or 8 feet of bench length.
Community-oriented facilities:
The required number of spaces for facilities such as stadiums, churches and auditoriums shall be as set forth in Article VI: Supplementary Regulations.
However, such number may be reduced by the number of spaces provided for other permitted uses which are located within 1/2 mile of the facility to be served, and provided further that said permitted use(s) demands for parking do not conflict with the demands for community-oriented facilities; or within one mile of the facility from an approved existing site from which mass transportation to the community-oriented facility is provided.
See § 500-24F for detailed information on parking in the PID District.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PID District:
These uses and their accessory uses are permitted in the Planned Institutional Development (PID) District, when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code.

Support uses or structures

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: PID

Vehicle Parking:
See § 500-24F for detailed information on parking in the PID District.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

PID District:
These uses and their accessory uses are permitted in the Planned Institutional Development (PID) District, when authorized in accordance with Article IV: Special Permit Uses of this chapter of the Town Code and includes retail, hotel and restaurant facilities, owned or operated by, leased by or to or otherwise controlled by one of the aforesaid institutions, but not necessarily an essential part of it, which provide service to both the institution and the community primarily as a result of physical proximity to the institution and as distinguished from accessory uses intended to serve only the institution, when such support uses or structures are physically integrated into a master plan for the institution.

Tack shops

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.

Telecommunications facilities and communications transmission towers

See § 500-109: Definitions associted with telecommunications facilities.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
This use is subject to the provisions of Article XVII: Telecommunications Towers, as follows:

1. Enabling authority.
The Planning Board of the Town of Chili is hereby authorized to review and approve, approve with modifications or disapprove special use permits and site plans for telecommunications towers consistent with the provisions of Town Law §§ 274-a and 274-b.
2. Purpose.
The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Chili while providing a unified and uniform procedure to process and establish a telecommunications network within the Town of Chili consistent with applicable federal and state regulations, giving due regard for the need to protect the natural features and aesthetic characteristics of the Town.

See Article XVII: Telecommunications Towers for more detailed information on permitting.

Theaters (not to include a drive-in theater)

Travel centers

TRAVEL CENTER
An integrated group of stores, shops and similar establishments contained within a building or buildings, all of which may be deemed to provide services to the traveling public, including but not limited to petroleum sales, motor vehicle repairs, restaurant, hair care, laundry facilities, showers and personal care facilities, professional offices related to the travel center, convenience store, etc. This term shall also include a rest stop for truckers.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Truck terminals

TRUCK TERMINAL
A parcel of land with buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal, driver training and support functions and washing and refueling of fleet vehicles.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: LI

Vehicle Parking:
1 parking space per employee on the maximum shift or 1 parking space per each 400 feet of gross floor area, whichever is greater.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

LI District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Uses of a similar character but not specifically listed in § 500-20B or § 500-20C must apply to the Planning Board for a special use permit.

Two-family dwellings or duplexes

DWELLING, TWO-FAMILY or DUPLEX
A building designed or used for residence purposes by not more than two families and containing two dwelling units that individually meet the floor area requirements established for single-family dwellings.

Districts Where Allowed Districts Allowed by Right: PRD, PUD Districts where this use may be allowed with a Special Use Permit: R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre, RAO-20, RM

Vehicle Parking:
3 parking spaces per dwelling unit.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10) and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use is allowed providing there is one two-family dwelling or duplex per lot.
RM District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
Accessory structures shall conform to the provisions of § 500-60: Accessory uses.
PRD District:
This use and its accessory uses are permitted outright for those portions of the district fully serviced by public sewers and public water.

Universities, colleges, technical and theological schools

Districts Where Allowed Districts Allowed by Right: PID

Vehicle Parking:
1. Basic parking requirements:
Sufficient off-street parking facilities shall be provided to accommodate the usual needs of the faculty, staff and student body without requiring such persons to park in any area outside the PID District.
Sufficient loading facilities shall also be provided, separate from off-street parking facilities, to accommodate the normal activities or uses within the PID District without blocking any street.
2. Community-oriented facilities:
The required number of spaces for facilities such as stadiums, churches and auditoriums shall be as set forth in Article VI: Supplementary Regulations.
However, such number may be reduced by the number of spaces provided for other permitted uses which are located within 1/2 mile of the facility to be served, and provided further that said permitted use(s) demands for parking do not conflict with the demands for community-oriented facilities; or within one mile of the facility from an approved existing site from which mass transportation to the community-oriented facility is provided.
3. Parking for residence facilities shall be located as follows:
[1] Faculty, staff and married student housing: as required for single-family, two-family or multiple-family dwellings, as appropriate.
[2] Fraternity and sorority houses: as required for dormitories.
[3] Dormitories and single student housing: Required off-street parking facilities may be located anywhere within the PID District, except that three spaces shall adjoin the facility for loading and unloading of passengers and student property.
See § 500-24F(1)(d) and § 500-43: Off-street parking and loading for more detailed information on parking.

Development Requirements:

PID District:
These uses are permitted in the Planned Institutional Development (PID) District subject to the requirements set forth in § 500-24: PID Planned Institutional Development District; and the procedures of site plan review and approval as further set forth in Article V: Site Plan Approval of this chapter of the Town Code.
These uses include associated buildings, owned or leased, for administrative and faculty offices, classrooms, laboratories, churches, auditoriums, lecture halls, museums, galleries, libraries, student and faculty centers, athletic facilities (indoor and outdoor), dormitories, fraternities and sororities and other residential facilities for faculty, staff and students, but not including the use of any building or other facility for professional athletics or other commercial purposes.

Variety store and gift, notion, toy and hobby stores

Veterinarian's offices or animal hospitals

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: AC, GB

Vehicle Parking:
1 parking space for each 400 square feet of gross floor area.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

AC District:
This use is allowed as a special permit use on a lot/parcel located within the AC District, provided that the specially permitted use shale be wholly located on the soils in Classifications 5 through 9 only (Soils Classification Map approved by the Monroe County Soil and Water Conservation District). The approval of a special use permit is subject to the criteria contained in Article IV: Special Permit Uses of this chapter.
GB District:
This use and its accessory uses are permitted when authorized in accordance with Article IV: Special Permit Uses.
This use excludes outdoor housing and recreation for animals.
Uses of a similar character but not specifically listed in § 500-19B or § 500-19C must apply to the Planning Board for a special use permit for the GB District.

Video rental/sales

Video stores

Warehousing and distribution facilities

Wholesale distribution and warehousing of all standard types of prepared or packaged merchandise

Wildlife preserve

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: R-1-12, R-1-15, R-1-20, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10) and R-1 Districts (R-1-12, R-1-15, R-1-20):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
This use includes preservation of scenic, historic and scientific areas.

Wind energy conversion systems

WIND ENERGY CONVERSION DEVICE (WECD)
A machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy, commonly known as a "wind turbine" or "windmill."

WIND ENERGY CONVERSION FACILITY (WECF)
Any installation of one or more WECDs including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction. Such towers are temporary fixtures which are used to test the appropriateness of a site for the use of a WECD and then removed after testing is complete.

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: GB, GI, LI, PID, RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

Purpose.
The Town of Chili recognizes the increased demand for alternative-energy-generating devices and facilities, the need for the reduced pollution and less expensive power that wind energy devices and facilities can provide. Often wind turbine facilities require the construction of single or multiple wind turbines. The purpose of these regulations is to protect the community's interest in properly locating wind energy devices and facilities in a manner consistent with sound land planning, while also allowing private and commercial providers to meet their power generating objectives.

Permitted and prohibited uses.

A. A SWECD maybe constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
B. An MWECD maybe constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
C. An LWECD may be constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
D. No WECFs shall be located within any Airport Overlay District without the approval of the Federal Aviation Administration (FAA) and Monroe County Airport Authority.
E. No WECD shall be installed in any location along the major axis of an existing microwave communications link where its operation has a likely potential to produce electromagnetic interference in the link's operation.
F. No WECD shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna (including residential reception antenna) for radio, television, navigational, wireless phone or other wireless communications systems would produce electromagnetic interference with signal transmission or reception. The applicant may be required to submit acceptable documentation as part of the special use permit to determine if the project would in any way cause interference with microwave transmissions, residential television reception, or radio reception.
G. WECDs with a maximum component height greater than 400 feet above the ground surface shall not be permitted in any zoning district.

Additional standards.
No special use permit shall be granted for a WECD facility unless it is determined by the Planning Board that the proposed use meets all of the following criteria, in addition to the site plan and special use permit review criteria found in the Town of Chili Code:

A. No experimental, homebuilt or prototype WECD shall be allowed without acceptable documentation from a New York State licensed professional engineer estimating the probable radius of tower collapse and probable blade or ice throw distance in the event of failure, a submittal of the complete design specifications and calculations and an acceptance by the Planning Board of setbacks which the Planning Board may require to be greater than the minimums established elsewhere in the Code.
B. Minimum lot area. The minimum lot area for the erection of any WECDs shall be as follows:

(1) SWECD: minimum of 3.5 acres.
(2) MWECD: minimum of 95 acres.
(3) LWECD: minimum of 270 acres.

C. Setbacks.

(1) Each SWECD shall be set back, as measured from the center of the SWECD, a minimum distance of:

(a) One and one-half times the maximum height of any SWECD component above ground surface from any other SWECD, overhead utility lines, public roads, any on-site dwelling or other on-site building or structures that can be occupied, or any agricultural building, with the exception that SWECD designed for installation on the roof of a building shall have the setback to that building waived, provided that the facility is designed and stamped by a New York State licensed professional engineer. A New York State licensed professional engineer or his or her designated representative must observe the design and installation of the SWECD and provide documentation to the Town that the installation was performed in accordance with the design.
(b) Three times the maximum height of any SWECD component above ground surface from any neighboring property line.

(2) Each MWECD shall be set back, as measured from the center of the MWECD, a minimum distance of:

(a) One and one-half times the maximum height of any MWECD component above ground surface from: any other MWECD, on-site dwelling or other on-site building or structure than can be occupied, agricultural building, overhead utility lines or public roads;
(b) One thousand feet from any adjacent property line;
(c) One hundred feet from state wetland buffers, state wetlands and federal wetlands.

(3) Each LWECD shall be set back, as measured from the center of the LWECD, a minimum distance of:

(a) One and one-half times the maximum height of any LWECD component above ground surface from any other LWECD, on-site dwelling or other on-site building or structure than can be occupied, agricultural building, overhead utility lines or public roads;
(b) One thousand seven hundred feet from any adjacent property line;
(c) One hundred feet or 1.5 times the height of any WECD, whichever is greater, from state wetland buffers, state wetlands and federal wetlands.

D. No WECD tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. If lighting is required, the lighting alternatives and design chosen shall be the lowest intensity allowable under the Federal Aviation Administrations regulations. Minimum security lighting for ground-level facilities shall be allowed, provided that no such lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or that creates a public safety hazard due to glare. No lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.
E. Signs.

(1) No advertising signs are allowed on any part of the WECF, including fencing, support structures, and wind turbines. No lettering, brand names, logo, company insignia, advertising, or graphics shall be on any part of the tower, hub, rotor, blades, generator or tail vane.
(2) A sign no more than four feet square in area shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing the following:

(a) "Warning: high voltage."
(b) Manufacturer's name.
(c) Operator's name.
(d) Emergency phone number (with twenty-four-hour, seven-days-a-week coverage).

(3) The Planning Board may require additional signs based on safety needs.

F. WECFs shall be finished with an unobtrusive, nonreflective, matte finished color or camouflage scheme. WECDs in an established wind farm system that are located within 1,000 feet of each other must be of uniform design, including tower type, color, number of blades and direction of blade rotation, unless a variance is obtained.
G. Noise.

(1) The sound pressure level generated by a WECD shall not exceed a six A-weighted decibel (dBA) increase over ambient noise level measured at the adjacent property lines. Ambient noise shall be measured as the lowest LEQ(60) dBA observed over a twenty-four-hour period, during which wind speed is below the cut-in speed of the proposed WECD. Multiple sets of twenty-four-hour measurements may be combined to obtain a set of twenty-four-hour measurements for which the wind speed is below the WECD cut-in speed, provided that the lowest ambient noise level of the data set is picked for each individual hour.
(2) The WECD operating sound pressure level used for comparison to the ambient noise level shall be the maximum sound pressure level generated by the WECD.
(3) For MWECDs and LWECDs, independent measurements and certification shall be provided before and after construction demonstrating compliance with this requirement according to a noise study whose methods are approved by the Town as part of the special use permit.
(4) For SWECDs, a noise assessment based on manufacturer's noise data as certified by the Small Wind Certification Council or other documentation acceptable to the Town and conducted in conformance with the guidance provided by the New York State Department of Environmental Conservation's Program Policy "Assessing and Mitigating Noise Impacts," DEP-00-1, shall be provided unless the Town requests additional measurements. For this assessment, ambient noise levels can be measured or can be assumed to be LEQ(60) 25 dBA in residential zoning districts and LEQ(60) 50 dBA in other zoning districts. Regardless of the results of such analysis, SWECDs are required to comply after construction and during operation with the requirements of Subsection G(1).
(5) In the event audible noise due to WECD operations contains a steady pure tone, such as a whine, screech, or hum, the noise generated by the WECD, as measured at the adjacent property lines, shall not exceed the ambient noise level.
(6) Ambient noise levels shall be measured at adjacent property lines. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone.
(7) The noise limits specified in this Subsection G shall apply to the combined noise levels generated by all WECDs constructed on a single parcel or by a single owner.

H. No WECDs shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
I. The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
J. Power transmission lines from the WECD or other components of a WECF to on-site substations or the property boundaries shall be underground to the maximum extent practicable.
K. A digital viewshed map showing the impact of topography upon the visibility of the project from locations throughout the region, to a distance of five miles from the center of the project shall be provided for LWECDs. The viewshed map shall be constructed in accordance with the New York State Department of Environmental Conservation guidance document "Assessing and Mitigating Visual Impacts - DEP-00-2." The scale used shall depict a three-mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks.
L. Color photographs, at least eight inches by 10 inches, taken from locations selected by the Town within a three-mile radius of the boundaries of the facility site shall be provided for all WECDs (not including SWECDs). Said photographs shall simulate the appearance of the as-built aboveground site facilities as such would appear from said locations. The number of photographs to be submitted shall be determined by the Town, but shall be in no event less than the number of proposed individual wind turbines plus three. All WECDs shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads and trails). To the greatest extent feasible, WECFs shall use natural landforms and vegetation for screening from public viewing areas and neighboring residential areas.
M. WECD Towers shall have either:

(1) Tower-climbing apparatus located no closer than 12 feet from the ground;
(2) A locked anticlimb device installed on the tower;
(3) Tower-climbing apparatus located internally to the tower and accessible only through a locked door; or
(4) A gated and locked, protective fence at least six feet high.

N. No MWECD or LWECD shall be supported with guy wires. MWECDs and LWECDs shall be of a monopole design.
O. The applicant shall conduct an assessment of potential shadow flicker due to any WECD in the area defined as a circle centered on the location of the WECD up to and including a distance of 10 times the WECD blade diameter. The study shall identify locations where shadow flicker maybe caused by the WECD and the expected durations of the flicker at these locations. The assessment shall identify areas where shadow flicker has the potential to interfere with the use of residences or other habitable structures and describe measures that shall be taken to mitigate the effects of shadow flicker.
P. For LWECDs, a preconstruction study shall be conducted to establish the likely impacts on birds, bats, and other wildlife as well as possible mitigations. The applicant shall provide surveys of the biological resources, migration patterns and determination of the protection status in an area where turbines are being considered. Data shall be commensurate with the size of the proposed project and reflect loss of habitat and vegetation, including potential bird and bat collisions with any LWECD components.
Q. WECD construction or ground disturbance involving land in agricultural districts shall comply with the New York State Department of Agriculture and Markets publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."

Standards for wind measurement towers.

A. The distance between a wind measurement tower and the property line shall be at least the total height of the tower. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.
B. Special use permits for wind measurement towers may be issued by the Planning Board for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.

See Article XVIII: Wind Energy Conversion Systems for more detailed information.

Yard waste processing business

Districts Where Allowed Districts where this use may be allowed with a Special Use Permit: RA 10-acre, RA 1-acre

Vehicle Parking:
For uses not specifically listed in § 500-43C the parking requirements shall be furnished by the Planning Board.
The Planning Board shall use the list in § 500-43C as a guide for determining requirements for said other uses.
See § 500-43: Off-street parking and loading for more detailed information on parking requirements.

Development Requirements:

RA Rural Districts (RA-1 and RA-10):
This use and its accessory uses are permitted as a special permit use when authorized in accordance with Article IV: Special Permit Uses.
Such business shall be limited to accepting and processing leaves, grasses, brush and trees and their branches and sod.

Town of Chili, NY

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