The uses specified in this article are hereby declared to possess unique characteristics, requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. A special use permit may be approved by the Planning Board and issued by the Code Enforcement Official (CEO) only if the following standards are met:
A. 
The proposed special use is consistent with the general intent of the Village's Comprehensive Plan and with the specific purposes set forth in this chapter.
B. 
The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it shall be compatible with the orderly development of the district.
C. 
The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.
D. 
The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.
E. 
The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Village's neighborhoods and natural resources and the value of property. The Code Enforcement Official shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Official determines that a violation of this Zoning Chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
F. 
Any structure proposed to be erected, reconstructed or structurally altered to accommodate a specially permitted use shall comply with the New York State Uniform Fire Prevention and Building Construction Code and all other applicable laws, codes and regulations.
The Planning Board may approve a special use permit for bed-and-breakfast establishments in the R-1 Single-Family Residential, R-2 One- and Two-Family Residential and R-C Residential/Offices Districts, provided that the following standards and provisions are maintained:
A. 
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Zoning Schedule of this chapter[1] for single-family dwellings.
B. 
The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.
C. 
The operator of the bed-and-breakfast establishment shall reside on the premises.
D. 
The structure proposed for use as a bed-and-breakfast establishment shall meet the requirements of the NYS Uniform Fire Prevention and Building Code.
E. 
The dwelling shall not be altered in a manner that would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.
F. 
Outbuildings detached from the principal dwellings shall not be used for the purpose of a bed-and-breakfast establishment.
G. 
No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.
H. 
No bed-and-breakfast establishment shall be permitted in an individual mobile home or mobile home park.
I. 
Each rentable unit in a bed-and-breakfast establishment shall maintain a working smoke detector, which shall meet the requirements of the NYS Uniform Fire Prevention and Building Code.
J. 
Off-street parking shall be provided as follows:
(1) 
At least two spaces shall be provided for the family residing on the premises plus not less than one additional space for each lodging room.
(2) 
No such parking space shall be located in the front yard area, outside of an approved driveway, and each space shall be not less than 9 by 20 feet in size.
K. 
The operator of the bed-and-breakfast establishment shall not provide more than one meal per day to any guest.
L. 
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
The Planning Board may approve a special use permit for car wash establishments in the General Commercial District (GC), provided that the following standards and provisions are maintained:
A. 
Coin-operated vehicle washers. These washers are intended to be those in which the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.
(1) 
The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 200 feet to any residential district and shall be separated from a residential district by another nonresidential use.
(2) 
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
(3) 
Vacuuming facilities may be located outside the building but shall not be in the front yard and shall meet the respective setback requirements as required for the specific district in which the use is proposed. Such area shall be buffered or screened as deemed necessary by the Planning Board.
(4) 
Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall plus one space per employee.
(5) 
Adequate drainage facilities shall be provided to prevent standing water on-site.
(6) 
All off-street parking areas shall be hard-surfaced and paved with asphalt or concrete.
(7) 
Any lights used to illuminate the area shall be directed away from adjacent properties.
B. 
Automatic vehicle washers. These vehicle washers are intended to be those in which the vehicle is either slowly driven through or pulled through by an automatic chain mechanism and in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.
(1) 
The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 300 feet to a residential district.
(2) 
All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property.
(3) 
There shall be provided no less than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. One parking space shall also be provided for each employee on the maximum shift.
(4) 
Vacuuming facilities may be provided outside of the building but shall meet the setback requirements as required for the specific district in which the use is proposed. Such area shall be buffered or screened as deemed necessary by the Planning Board.
(5) 
Adequate drainage facilities shall be provided to prevent standing water on-site.
(6) 
Any lighting shall be directed away from adjacent properties.
(7) 
All off-street parking areas shall be hard-surfaced and paved with asphalt or concrete.
(8) 
All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.
C. 
Operators of car wash establishments may be permitted to sell gasoline on the site of the car wash property. The Planning Board, in considering such a request, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.
The Planning Board may approve a special use permit for cluster residential developments of one-family detached dwellings in the R-1 District, provided that the following standards and provisions are maintained:
A. 
A site plan shall be submitted in conformance with the requirements of Article X of this chapter.
B. 
The minimum tract size shall be three acres.
C. 
The lot size, yard, area and height requirements shall be established on an individual-case basis which reflect the unique conditions of each site proposed for development, the potential impact on adjacent properties and to ensure consistency with the Village Comprehensive Plan.
D. 
The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.
E. 
The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.
F. 
All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Planning Board or offered for dedication to the Village.
The Planning Board may approve a special use permit for conversion of single-family dwellings into two dwelling units in the R-2 One- and Two-Family Residential and R-3 Multifamily Residential District, provided that the following standards and provisions are maintained:
A. 
Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.
B. 
The conversion shall comply with the requirements of the New York State Uniform Fire Prevention and Building Code, this chapter and all other applicable laws, codes and regulations.
C. 
The minimum lot size, bulk requirements and setbacks for structures proposed for residential conversions shall comply with the standards specified in Article V of this chapter.
D. 
The minimum habitable floor area for living units shall be:
(1) 
Five hundred fifty square feet for efficiency units.
(2) 
Six hundred fifty square feet for one-bedroom units.
(3) 
Seven hundred fifty square feet for two-bedroom units.
(4) 
An additional one hundred twenty square feet for each additional bedroom.
E. 
Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.
The Planning Board may approve a special permit for drive-in businesses, such as drive-in photo processing, fast-food establishments, restaurants, taverns, refreshment stands and similar uses, in the Central Business District (CBD) or the General Commercial District (GC), provided that the following standards and provisions are maintained:
A. 
The following information shall be submitted as part of the application for site plan approval and for a special use permit for a drive-in business, in addition to that information required in other sections of this chapter.
(1) 
The location and dimensions of all structures, including buildings, screened trash areas, fencing and lighting. (Show direction and level of illumination.)
(2) 
The locations and dimensions of all off-street parking areas and driveways.
(3) 
Proposed landscaping of site.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, regarding the minimum distance required between drive-in businesses, was repealed 7-10-2013 by L.L. No. 4-2013.
C. 
All drive-in businesses shall provide suitable storage of trash in areas which are so designated and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or adjacent properties or public right-of-way and to permit safe, easy removal of trash by truck or hand.
D. 
The minimum distance of any driveway to a property line shall be 20 feet.
E. 
The minimum distance between driveways on the site shall be 50 feet measured from the two closest driveway curbs.
F. 
The minimum distance into the site shall be from a street intersection shall be 50 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
G. 
Drive-in businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use accessways in common with other business establishments in that center.
H. 
Exterior lighting proposed for the site shall be planned, erected and maintained so as not to cast direct light or glare upon adjacent properties or public right-of-way. The light source shall not be higher than 20 feet.
I. 
Landscaping and fencing shall be provided in accordance with § 290-46 to minimize visual impacts and minimize conflicts with adjacent land uses.
Essential services and utilities may be allowed as special permit uses in all districts by the Planning Board. Prior to approving a special permit, the Planning Board shall determine the following:
A. 
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.
B. 
The design of any building in connection with such facility shall conform to the general character of the area and shall not adversely affect the safe and comfortable enjoyment of property in the district in which it is to be located.
C. 
Adequate landscaping shall be provided to create a visual and sound buffer between such facilities and adjacent property.
D. 
All new and replacement electric distribution, telephone, cable TV and other lines shall be placed underground.
E. 
All service connections from distribution lines to consumers shall be placed underground.
F. 
All points of necessary access or transformers shall be placed in secure structures at ground level.
G. 
All major electrical transformer facilities or substations, if above ground, shall be secured by an outer and inner fence, each 10 feet from each other at any point; also, no transformer or associated switches shall be closer than 100 feet from any lot line.
H. 
Additional requirements for communications towers.
(1) 
In addition to the application requirements specified for site plan review in Article X, the site plan proposals for a telephone, radio or other communications tower shall also show:
(a) 
The location of all structures and trees on the site and on any adjacent property within 10 feet of the subject property line.
(b) 
All information prepared by the manufacturer of the antenna or tower or the applicant for which a special use permit is being sought, including but not limited to the following:
(2) 
Make and model of tower to be erected.
(3) 
Manufacturer's design data for installation instructions and construction plans.
(4) 
Applicant's proposed tower maintenance and inspection procedures and records system.
(5) 
Identification of any anticlimb device to be installed.
(6) 
Identification of the levels of radiation to be emitted by or from the communication tower.
(7) 
Identification of the effects such communication tower's operation will have on other existing communication towers or antenna within 1,000 feet of the proposed structure.
(a) 
A statement from any federal, state or county regulatory agency attesting that all other agency approvals have been obtained, including but not limited to acceptable levels for dissipate nonionizing electromagnetic radiation (NIER) as established by any regulatory agency, or by the American National Standards Institute (ANSI).
(b) 
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.
(8) 
The minimum setback for each communication tower from any property line shall be the height of the tower to be erected plus 20 feet.
(9) 
No communications tower shall exceed 200 feet above finished grade level.
(10) 
All communications towers more than 150 feet in height above finished grade level shall be marked and lighted in accordance with Federal Aviation Agency (FAA) Part 77 standards.
(11) 
A minimum radius of 8,000 feet shall be maintained between any proposed tower and any existing tower, whether located in the Village of Albion or any adjacent municipality.
(12) 
No communications tower shall contain any signage except that identifying a health, safety or general welfare message intended solely for the protection of the general public.
(13) 
All commercial communications towers shall be enclosed by a fence not less than eight feet in height above ground level.
(14) 
The applicant shall demonstrate that feasible options for colocating communications facilities on other towers have been thoroughly investigated and that the proposed tower is necessary to provide adequate communications services.
(15) 
The applicant shall provide assurance that the proposed tower will be made available for colocating additional communications devices.
(16) 
Exceptions. The following communications towers are excepted from the provisions of this section:
(a) 
Facilities under the control or ownership and used exclusively by a governmental agency.
(b) 
Satellite dish antennas as regulated elsewhere in this chapter.
(c) 
Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height less than 15 feet above existing grade or if attached to a structure 35 feet above existing grade.
(17) 
Removal. In the event that a communications tower is no longer used for the purpose specified in the application or the communication facility ceases operations for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 30 days of receipt of written notice from the Village Board and based upon the Village Board's declaration to the effect specified herein.
(18) 
Assurances. The Planning Board may, as a condition of special use permit approval, require the applicant to provide a letter of credit, performance bond or other financial guaranty to the Village that funds will be available for the Village's use to remove said structure in the event of noncompliance with the provisions of this section.
The Planning Board may approve a special use permit for kennels and animal hospitals with outdoor facilities in the General Commercial District (GC), provided that the following standards and conditions are maintained:
A. 
Adequate landscaping and/ or fencing shall be provided to create a visual, sound and smell buffer between such facilities and adjacent properties.
B. 
All buildings, structures or other accessory uses shall be at least 75 feet from any property line.
C. 
All animals shall be kept within a totally enclosed building between 8:00 p.m. and 7:00 a.m.
D. 
Lot coverage shall not exceed (50%.
E. 
One parking space shall be provided for each employee and one space for every three kennel runs at all kennels and animal hospitals.
The Planning Board may approve a special use permit for motor vehicle service stations, including filling stations and auto repair shops, in the General Commercial District (GC), provided that the following standards and conditions are maintained:
A. 
In addition to the information required in the special permit application and site plan and enumerated in Article X herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks shall be placed below the ground and the number and location of fuel pumps to be installed. Such site development plans, including the location of tanks and fire suppression equipment, shall comply with the requirements of the NYS Uniform Fire Prevention and Building Code and all other applicable laws, codes and regulations.
B. 
Such uses shall be screened from adjacent uses by a buffer area, including screening and fencing to be determined by the Planning Board, so as to prevent the transmission of headlight glare across the property line. The Planning Board shall determine on an individual-case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall be a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Official shall direct the property owner to replace said shrubs.
C. 
The entire area of the site traveled by motor vehicles shall be hard-surfaced and of asphalt or concrete construction.
D. 
Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.
E. 
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
F. 
No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. Entrance and exit driveways shall have an unrestricted width of not less than 20 feet and not more than 30 feet and shall be designed as to avoid the necessity of any vehicle backing out into any public right-of-way. No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line. No driveway shall be closer than 50 feet to another driveway on the same lot, as measured between the two closest curbs.
G. 
No building or structure, including gasoline pump or automotive service appliances, shall be erected within 30 feet of any street line.
H. 
All repair of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No more than two partially dismantled motor vehicles shall be stored outside of an enclosed building at any one time.
I. 
No more than 10 licensed motor vehicles being serviced or repaired shall be stored or parked outdoors for more than 48 hours, and these shall be in areas effectively screened from all property lines. All such vehicles shall be stored in a neat, orderly manner.
J. 
No more than two motor vehicles shall be offered for sale on the premises, outside of an enclosed building, at any one time.
K. 
No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of a residence, cemetery, school, church, hospital, nursing home, senior citizen housing or other place of public assembly designed for occupancy by more than 50 persons or within 500 feet of another motor vehicle repair shop or gasoline station on the same side of the street. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.
The Planning Board may approve a special use permit for public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature in the R-1, R-2, R-3 and R-MH Districts, provided that the following standards and provisions are maintained:
A. 
A statement setting forth the details of the operation of the use shall be submitted with the application.
B. 
The applicant shall provide the Planning Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulatory agencies.
C. 
Landscaped areas at least 10 feet in depth or other suitable screening shall be provided for the entire length of any lot line adjacent to any residence or adjacent street.
D. 
No structure or use shall be located within 15 feet of any adjacent property line.
E. 
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs and accessways.
F. 
The Planning Board, in considering the request for a special use permit, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Village.
The Planning Board may approve a special use permit for townhouse developments in the R-1, R-2, R-3, R-C and P-C Districts, provided that the following standards and provisions are maintained:
A. 
General requirements. No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site plans for townhouse developments:
(1) 
Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.
(2) 
Each individual dwelling unit in a townhouse shall be separated from other such dwelling units by a fire wall or fire separation as required by the NYS Uniform Fire Prevention and Building Code.
(3) 
Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.
(4) 
All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.
(5) 
Plans submitted for townhouse developments shall identify areas proposed for dedication to the Village, areas to be held in common ownership and property to be owned by individuals.
(6) 
Common property shall, except when accepted by the Village Board for dedication, be privately owned. If property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Planning Board. Common property shall not be changed from its status or use as common property without specific authorization of the Village Board.
(7) 
In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Planning Board shall consider and determine the adequacy of:
(a) 
The timetable for the creation of the organization.
(b) 
The requirements for membership in the organization by residents.
(c) 
The safeguards to ensure the continuance of the common property as common property.
(d) 
The liability of the organization for insurance, taxes and maintenance of all facilities.
(e) 
The provision for pro rata sharing of costs and assessments.
(f) 
The financial capacity of the organization to maintain and administer common facilities.
(g) 
The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.
B. 
Minimum standards for townhouse developments.
(1) 
Area. The minimum land area for townhouse developments shall be two acres.
(2) 
Densities. The maximum density of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation and off-street parking areas, open areas and all nonresidential areas) for townhouse developments shall not exceed six units per acre in the R-1 Residential District, eight units per acre in the R-2 Residential District and ten units per acre in the R-3 Multifamily Residential District.
(3) 
Open space. Not less than 25% of the land area within a townhouse development, excluding parking areas and vehicle access facilities, shall be developed and maintained as open space for the use and enjoyment of residents of said development and their guests.
(4) 
Lot coverage. The coverage of all buildings and structures within a townhouse development shall not exceed 25% of the area of the tract.
(5) 
Building height. No townhouse building shall exceed 32 feet in height.
(6) 
Distance between buildings. The minimum distance between two townhouse dwelling buildings shall be 60 feet. The minimum distance between a townhouse dwelling building and any other structure, including a swimming pool, shall not be less than 25 feet.
(7) 
Setbacks. No minimum front, side or rear setbacks shall be required within a townhouse development except for those instances in which dwelling units are positioned relative to a public street. If a structure faces or abuts a public street, no part of the structure shall be located closer than 60 feet to the public right-of-way. No structure shall be set back less than 20 feet from any common parking area.
C. 
Building standards.
(1) 
No more than eight townhouse dwelling units shall be included in a single building.
(2) 
No building shall exceed a maximum length of 240 feet on any exterior facade.
(3) 
Townhouse buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.
(4) 
The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complimentary in architectural design to adjacent residential structures.
(5) 
Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the interior rooms.
(6) 
Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.
(7) 
Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.
(8) 
Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.
(9) 
All townhouse dwelling units shall include ground-floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.
D. 
Townhouse parking standards.
(1) 
No less than two off-street parking spaces shall be provided for each townhouse dwelling unit.
(2) 
The requirements for off-street parking may be met by providing parking spaces in an enclosed garage plus any combination of spaces on private driveways and/or in a common parking lot.
(3) 
No common off-street parking lot or outdoor storage area shall be located closer than 25 feet to any adjacent property.
(4) 
All off-street parking areas shall be privately owned and maintained.
(5) 
Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate the unsightliness of parked cars.
(6) 
Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of the overall site development plan.
(7) 
Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse development and adjacent properties.
E. 
Minimum habitable floor area requirements:
(1) 
One-bedroom unit: 650 square feet.
(2) 
Two-bedroom apartment unit: 750 square feet.
(3) 
For each additional bedroom: an additional 120 square feet per bedroom.
F. 
Landscape site design standards.
(1) 
Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated and installed in accordance with the site development plan approved by the Planning Board.
(2) 
Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.
(3) 
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
(4) 
All landscaping, except for trees, shrubs and grasses either existing or to be installed within the public right-of-way, shall be privately owned and maintained.
G. 
Site circulation system design standards.
(1) 
An adequate, safe and convenient circulation system shall be provided.
(2) 
The arrangement of streets and common parking areas shall be designed as integral parts of an overall site development plan. These features shall be properly related to existing and proposed buildings and appropriately landscaped.
H. 
Miscellaneous townhouse regulations.
(1) 
No home occupations and no business activities of any type shall be permitted within a townhouse development.
(2) 
Signage shall comply with the provisions of Article XI.
(3) 
All fencing of common areas shall be shown on the site development plan approved by the Planning Board.
(4) 
Individual owners may erect privacy fences to enclose outdoor areas of individual dwelling units. Such fences may be up to six feet above ground level, provided that such fencing is located not less than 15 feet from a public street, common off-street parking or storage area or vehicular accessway thereto. Fencing closer than 15 feet to a public street or common off-street parking or storage area or vehicular accessway thereto shall not exceed three feet above ground level.
(5) 
Except for land which is owned in common, no property owner shall erect or place an accessory building or structure on the premises.
(6) 
The storage of any unregistered vehicles or other similar equipment out-of-doors overnight shall be prohibited, except in a common parking area.
I. 
Special accessory uses. The following special accessory uses may be established for the common and exclusive use of the occupants of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board.
(1) 
Recreational facilities, such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools as regulated herein.
(2) 
One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.
(3) 
Common space for the exclusive use and convenience of residents of the townhouse development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.
Adult bookstores and adult entertainment establishments, as defined herein, may be approved in the Light Industrial District (LI) by the Village Planning Board, following a public hearing and provided that the standards and provisions specified below are maintained:
A. 
Purpose.
(1) 
In the execution of this chapter, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or land uses.
(2) 
It is further declared that the location of adult bookstores or adult entertainment establishments in areas where youth may regularly assemble and the general atmosphere encompassing their operations is of great concern to the Village of Albion.
(3) 
These special regulations are intended to accomplish the primary purpose of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. 
General regulations.
(1) 
The proposed use shall be operated in a manner that is consistent with the New York State Penal Law relating to exposure, obscenity or lewdness.
(2) 
An adult bookstore or adult entertainment establishment use shall not be operated within 1,000 feet of:
(a) 
A church, synagogue or place of worship.
(b) 
A public or private elementary or secondary school, day care, preschool or other uses of a similar nature.
(c) 
A boundary of any R-1, R-2, R-3, R-MH or R-C Zoning District.
(d) 
A public park, municipal building or community center.
(3) 
An adult bookstore or adult entertainment establishment shall not be operated within 1,000 feet of another adult bookstore or adult entertainment establishment or on the same lot or parcel of land.
(4) 
An adult bookstore or adult entertainment establishment shall not be operated in the same building, structure or portion thereof containing another adult bookstore or adult entertainment establishment.
(5) 
For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures as part of the premises where an adult bookstore or adult entertainment establishment is conducted to the nearest property line of the premises of any of the uses specified in Subsection B(2)(a) through (d) identified above or to another adult bookstore or adult entertainment establishment.
(6) 
All adult bookstores or adult entertainment establishments shall be conducted in an enclosed building, regardless of location.
(7) 
No exterior sign shall contain any photographic or artistic representation of the human body.
(8) 
All building openings, entries, windows, doors, etc., associated with an adult bookstore or adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
(9) 
No adult bookstore or adult entertainment use shall be established in any building which is used, in part, for residential purposes.
(10) 
No residential use shall be established in any building which contains an approved adult bookstore or adult entertainment use.
(11) 
No more than one of the adult uses as defined above shall be located on any lot.
C. 
Waiver of restrictions. The restrictions enumerated in Subsection B above may be waived by the Village Planning Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article VIII of this chapter:
(1) 
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed;
(2) 
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
(3) 
That 51% or more of the property owners within the restricted area as defined in Subsection B(2) of this chapter have signed a petition stating that they have no objection to the establishment of the uses defined above.
D. 
Amortization. By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment*
As of Effective Date of This Chapter
Date Before Which Use Shall Terminate
$0 to $5,000
January 1, 1998
$5,001 to $8,000
January 1, 1999
$8,001 to $15,000
January 1, 2000
$15,001 to $22,000
January 1, 2001
$22,000 or more
January 1, 2002
*NOTE: The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of this chapter, exclusive of the fair market value of the structure in which the use is located.