Town of Henrietta, NY Article XI Miscellaneous Regulations

§ 295-41 Fences in residential districts.

[Amended 10-7-1992; 2-18-2015 by L.L. No. 1-2015]

A. Fences shall not exceed three feet in height if present in the front yard. Fences located elsewhere on the lot shall not exceed six feet.

[Amended 10-21-2015 by L.L. No. 12-2015]

B. So-called "patio" or "privacy" fences shall not be restricted by the height limitation of this section and may exceed six feet zero inches in height, provided that they otherwise comply with all applicable ordinances and regulations and provided that the fence must be either attached or affixed to the house or at least one end of the fence shall be within eight feet of the main wall of the house; it shall be in the rear of the house; it shall have no side exceeding 24 feet in length; it shall have no side nearer than 10 feet to any existing lot line; it shall have no more than four sides; and it shall not exceed eight feet in height.

C. The provisions of this section shall not apply to hedges or fences on premises used exclusively for farm purposes.

D. Swimming pool fences shall be as required by § 295-49, notwithstanding the provisions of this section.

E. The face or finished side of any fence erected shall face the nearest abutting property. All posts or supports shall be on the inside of said fence unless said posts or supports constitute an integral part of the face of the finished side.

F. Fences shall not be placed within any municipal easement.

G. Fences shall be placed within the subject property.

[Amended 8-19-2015 by L.L. No. 10-2015]

H. Replacement. Any fence that is replaced after [insert date of adoption of amendment] shall be subject to these requirements.

I. Placement of a fence is the sole responsibility of the property owner.

§ 295-42 Animals in residential districts.

A. In any residential district no lot may be used or occupied and no structure may be erected, maintained or used for the raising or harboring of pigeons, swine, goats, rabbits, cows, horses, poultry (except as permitted in accordance with Chapter 61, in which case this section shall not apply), foxes, mink, skunk or other fur-bearing animals, unless application is made to and a special use permit is granted by the Town Board, subject to such terms and conditions as may be appropriate in the particular case and in conformity with the provisions of Article XII and the following general provisions. The Board may consider, where it is material in each case and among the other relevant factors, the following:

[Amended 4-12-2022 by L.L. No. 8-2022; 12-14-2022 by L.L. No. 22-2022]

(1) Any danger to neighboring property.

(2) Noise or offensive emission of odors or fumes.

(3) Any detriment to the health, safety, morals or the general welfare of the community.

(4) Whether such use is appropriate to the particular location.

B. Notwithstanding the foregoing, nothing herein contained shall prohibit the raising or harboring of domestic animals or poultry on any farm within the Town of Henrietta within the definition of the term "farm."

C. Dogs and cats are exempt from these provisions, provided there are not more than three of such animals, unless application is made to and a special use permit is granted by the Town Board to harbor or kennel dogs and cats as foster care or rescued animals.

[Amended 2-18-2015 by L.L. No. 1-2015; 4-12-2022 by L.L. No. 8-2022]

§ 295-43 Required lot area in residential districts.

In any residential district, the lot width and depth is regulated as provided in § 295-10. In no case, however, shall the size of the lot be smaller than the area necessary for adequate and sufficient individual sewage disposal and the safe location of water wells, where needed.

§ 295-44 Off-street parking.

A. The following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building hereafter erected, enlarged or altered for use for any of the following purposes:

[Amended 2-18-2015 by L.L. No. 1-2015]

	Use	Minimum Number of Parking Spaces Required
	Animal hospital or "doggie day care"	1 per 200 square feet of floor area, with a maximum of 10
	Auto repair or service facility	1 per 400 square feet of floor area
	Banking facility, with drive-through	1 per 155 square feet of floor area
	Convenience store	1 per 200 square feet of floor area or 10 maximum, not including cars parked at gas pumps
	Day-care facility	1 per 5 enrolled children
	Dwelling	2 1/2 for each dwelling unit in the building or buildings
	Funeral home	1 per 50 square feet of floor area
	Garden nurseries, exterior	5 per acre of outdoor display area
	Hospital	1 for each 5 patients
	Hotel	1 per hotel room, plus 1 for each 2 employees
	Industrial or manufacturing establishment	1 for each 400 square feet of gross floor area or for each 3 workers, whichever provides the greater amount of parking space
	Medical, dental or urgent care facility	1 per 200 square feet of floor area
	Office building	1 for each 300 square feet of office floor area
	Restaurant or other eating place	1 for each 3 seats, plus 1 for each 2 employees
	Restaurant, fast-food, with drive-through	1 per 120 square feet of floor area
	Senior housing, continued care retirement community, nursing home, senior citizen residential community and senior living care facility	1 per 1.8 residents
	Store	1 for each 200 square feet of store floor area and 1 for each 2 employees
	Theater, church or other place of public assemblage	1 for each 2 seats, based on maximum seating capacity

B. All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Town Board may permit the parking spaces to be on any lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.

C. Any off-street parking area, except for a single-family dwelling, for more than five vehicles which adjoins or faces a residential district shall be effectively screened by shrubs, hedges, plantings or fencing as may be approved by the Town Planning Board.

D. All parking areas shall be properly graded and drained so as to dispose of all surface water accumulation in a safe and lawful manner without draining stormwater to neighboring property.

E. No parking areas will be allowed within the front, rear or side setbacks of any multiple dwelling.

F. Parking areas shall have a minimum aisle width of 15 feet for one-way traffic and 24 feet for two-way traffic. The minimum parking space shall be nine feet in width and 18 feet in length for ninety-, sixty- and forty-five-degree parking or 10 feet in width and 20 feet in length for parking parallel to the aisle.

[Amended 4-6-2005]

G. There shall be adequate ingress and egress to all parking areas.

H. Any parking area which is to be used during nondaylight hours shall be properly illuminated with fixtures and locations approved by the Planning Board.

§ 295-45 Dumping of refuse and other substances.

Dumping refuse, garbage and other substances is prohibited in all districts in the town.

§ 295-46 Existing uses.

The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter.

§ 295-47 Nonconforming uses.

[Amended 6-20-1990]

A. No building damaged by fire or by an act of God to the extent of more than 50% of its true value shall be repaired or rebuilt, except in conformity with the regulations of this chapter, except one- and two-family dwellings shall be permitted to be rebuilt regardless of current zoning classification. Nothing in this chapter shall prevent the replacement of any structural member to ensure the safety of a building. If a request is made to use the existing foundation, or a part thereof, written documentation from a licensed structural engineer approving this use must be presented to the Town prior to a permit being issued. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. No nonconforming use shall be extended to displace a conforming use.

[Amended 2-18-2015 by L.L. No. 1-2015]

B. Notwithstanding any provisions of the preceding subsection, upon special use permit of the Town Board as set forth below, a public garage, gasoline filling station, motor vehicle service supply station, motor vehicle showroom or sale or service facility located on any parcel of land which was used or built for such a purpose at the adoption of this amendment may be reconstructed, replaced, reinstated, modified or demolished and rebuilt within one year of demolition. Special use permit for the above may be granted only by the Town Board of the Town of Henrietta after a public hearing as provided in Article XII and in accordance with the procedures set forth in Article XII of this chapter and further upon the requirements set forth in § 295-48 of this chapter for gasoline service stations and motor vehicles service and supply stations.

[Amended 4-12-2022 by L.L. No. 8-2022]

§ 295-48 Special provisions for service stations.

A. On premises used as gasoline filling stations or for motor vehicle service or supply stations, no portion of any building shall be closer than 80 feet to the front property line or closer than 60 feet to the rear property line or closer than 20 feet to the side property line, and the maximum width of approach driveways to be separated or set off by curb or masonry shall not exceed two feet in height. All signs, structures bearing lights or lighting facilities shall be set back a minimum of 10 feet from the front property line. Lot size for gas stations shall be at least 200 feet wide and 200 feet deep.

B. No fuel pump, gasoline pump or island in any gasoline or motor fuel filling station containing the same shall be constructed closer than 35 feet to any street line.

C. Before granting a special use permit or variance for a gasoline station or motor vehicle service or supply station, the Board to which application for such permit is made, in addition to consideration of standards set forth in § 295-53 of this chapter, shall consider and determine the following:

[Amended 6-20-1990; 4-12-2022 by L.L. No. 8-2022]

(1) That the proposed location is consistent with the public necessity.

(2) That the design and type of the proposed structure are in harmony with other structures in such neighborhood.

(3) That the proposed use will not create a traffic hazard at the proposed location or a hazard from fire or explosion.

(4) That the applicant has in writing agreed to construct and operate such proposed station in strict accordance with the provisions of Subsection D of this section.

(5) That the applicant and the owner have in writing agreed to and, as a condition of approval, shall cause to be recorded deed covenants running with the land in the Monroe County Clerk's office, provided that the applicant shall remove any gasoline storage tanks in accordance with New York State Department of Environmental Conservation regulations (NYCRR Part 613.9 or any successor provisions), the New York State Uniform Fire Prevention and Building Code or any other applicable local, state or federal regulations in effect at the time of closure, and furthermore that the applicant and owner provide an environmental report from a licensed engineer within six months of closure indicating compliance with the aforesaid regulations and that all practicable steps have been taken to assure that the property is free from toxic waste.

D. All gasoline or motor vehicle supply stations hereafter erected or maintained pursuant to a special use permit or variance issued hereafter shall sell or dispense gasoline to the public in compliance with approved standards of safety in the handling of gasoline and flammable liquids.

[Amended 4-12-2022 by L.L. No. 8-2022]

E. Self-service stations.

(1) A self-service station shall mean all or that portion of the property where flammable and combustible liquids used as motor fuel are stored and subsequently dispensed into the fuel tank of motor vehicles by persons other than the service station attendant.

(2) Each self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispersed without the direct supervision of the qualified attendant.

(3) A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket on the dispensing unit and the switch for this dispensing unit is manually actuated. This control shall also stop the pump when all nozzles have been returned to their brackets.

(4) Each self-service station shall have the remote dispensing equipment situated in such a manner as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.

(5) Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.

(6) Self-service stations shall provide fire control devices as prescribed by Section 16.792 of the American Insurance Association Fire Prevention Code and the Fire Marshal of the Town of Henrietta.

F. No application for area variances related to a gasoline filling station or motor vehicle service and supply station shall be approved by the Zoning Board of Appeals unless and until the appropriate Board has granted special use permit or variance relief establishing the legality of the use.

[Added 6-20-1990; amended 4-12-2022 by L.L. No. 8-2022][1]

[1] Editor's Note: Original § 48, Wrecked or unlicensed vehicles, which immediately followed this subsection, was deleted 6-20-2001 by L.L. No. 3-2001. See now Ch. 205, Property Maintenance, § 205-12, Wrecked or unlicensed vehicles.

§ 295-49 Residential outdoor swimming pools.

[Amended 2-15-2006 by L.L. No. 1-2006; 2-18-2015 by L.L. No. 1-2015]

A. Private swimming pools. Outdoor swimming pools shall be permitted only in the rear yards of residential lots. A permit for such pool shall be obtained from the Building Inspector or designee. Such pool shall comply with residential setback regulations applicable to the lot. The permit shall not be issued unless the applicant shall submit plans providing for a protective fence at least four feet high, but not higher than six feet, and at least 10 feet from the pool enclosing said pool on all sides, with an access gate that is equipped with a lock. Such gate shall be locked when the pool is not in use. The pool shall be so constructed so as not to interfere with sewage, water or drainage of the lot or of other lands. In accordance with Chapter 236, Stormwater Management, dechlorinated water drained from the pool shall be discharged only into storm sewers or by other means not detrimental to other property. Lighting shall not be directed at neighboring property. The water of such pools shall be maintained at all times in a sanitary condition in accordance with the bacterial standards of the Sanitary Code of the State of New York and the Property Maintenance Code of New York State. The pool, fence, gate and drains must be constructed as required by this section and the New York State Uniform Fire Prevention and Building Code.

[Amended 6-26-2019 by L.L. No. 5-2019]

B. Public swimming pools. For swimming pools operated in connection with an apartment, a hotel or motel or otherwise available for public use, a site plan, including fencing and all safety features, shall be required and approved by the Planning Board prior to issuance of a building permit. The pool shall be required to be attended by a lifeguard when in use.

§ 295-50 Special use permit required for uses within 500 feet of educational or religious uses. [1]

[Amended 4-12-2022 by L.L. No. 8-2022]

In any commercial or industrial district, any use which would otherwise be permitted without obtaining a special use permit shall be allowed only after obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article XII of this chapter, if the premises where such use is proposed is within 500 feet of premises owned by a school, college, university or other educational institution or within 500 feet of premises occupied and used exclusively for educational or religious purposes. The five-hundred-foot distance shall be measured on a straight line between the nearest boundaries of the respective premises.

[1] Editor's Note: The title of this section was amended 10-12-2022 by L.L. No. 17-2022.

§ 295-51 Communication towers.

[Added 4-16-1997]

A. Legislative intent. The Town of Henrietta recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower. The intent of this section is to protect the town's interest in siting towers in a manner consistent with sound land use planning by minimizing visual effects of towers through careful design, siting and vegetative screening, avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures and maximizing use of any new or existing tower and encouraging the use of existing buildings and/or structures to reduce the number of towers needed, while also allowing wireless service providers to meet their technological and service objectives for the benefit of the public.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

An accessory facility or structure serving or being used in conjunction with a telecommunications facility or tower and located on the same lot as the telecommunications facility or tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, PCS and microwave communications.

COLOCATED ANTENNAS

Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.

TELECOMMUNICATIONS FACILITIES

Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.

TOWER

A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which employ camouflage technology.

C. Approvals required for telecommunications facilities.

(1) Permits required.

[Added 2-18-2015 by L.L. No. 1-2015]

(a) All telecommunications facilities require approval by the Planning Board prior to construction or colocation.

(b) In the event that a telecommunications facility is proposed to be located on a structure/building, or an accessory structure associated with the telecommunications facility is proposed, a building permit issued by the Building and Fire Prevention Department will be required, but only after having been reviewed and approved by the Planning Board. Exception: one- and two-family homes and townhouses.

(2) Colocated antennas. Telecommunications facilities comprised of colocated antennas utilizing existing buildings or structures other than towers shall be permitted in any district upon the issuance of a building permit. Colocated antennas on existing towers shall be permitted in any district upon the granting of site plan approval by the Planning Board in accordance with the standards set forth in the Town Code.

(3) New towers. Prior to requesting permission from the Planning Board to construct a new tower, the applicant must satisfy the Planning Board that there is not a technologically feasible and available location on an existing cellular tower or existing high structure or municipal, government-owned or school district property. Telecommunications facilities requiring construction of a new tower also shall be deemed a permitted use in any district, but shall require the following permits and/or approvals:

(a) On municipal or government-owned property at any height, a tower shall be permitted upon the issuance of a building permit in accordance with the standards set forth in the Town Code.

(b) In industrial districts where the proposed tower is 150 feet or less in height, or in any nonresidential district where the proposed tower location is more than 1/4 mile from any adjoining residential use and the proposed tower is 150 feet or less in height, site plan approval from the Planning Board shall be required in accordance with the standards set forth in the Town Code.

(c) In all other districts and locations, telecommunications facilities requiring construction of a new tower shall require, in addition to site plan approval, a tower permit from the Planning Board in accordance with the standards set forth in this section.

[1] For each telecommunications facility requiring only a building permit, the applicant shall submit a written application and such other supporting materials as are generally required for such permits under § 295-57 of this chapter.

[2] For each telecommunications facility requiring a tower permit, the applicant shall submit a written application for such permit to the Planning Board on a form prescribed by the Planning Board.

[3] Each applicant for a telecommunications facility, other than a telecommunication facility requiring only the issuance of a building permit, shall submit an environmental assessment form (long form), with visual addendum, and an analysis demonstrating that location of the telecommunications facility as proposed is necessary to meet the frequency re-use and spacing needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. In addition, each applicant shall submit a site plan prepared to scale in sufficient detail and accuracy showing at a minimum:

[a] The exact location of the proposed telecommunications facility and/or tower, together with any guy wires and guy anchors, if applicable.

[b] The maximum height of the proposed telecommunications facility and/or tower.

[c] A detail of tower type (monopole, guyed, freestanding or other).

[d] The location, type and intensity of any lighting on the tower.

[e] Property boundaries and names of adjacent landowners.

[f] Proof of the landowner's consent if the applicant does not own the property.

[g] The location of all other structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of those structures to any proposed tower.

[h] The location, nature and extent of any proposed fencing, landscaping and/or screening.

[i] The location and nature of proposed utility easements and access road, if applicable.

[j] A grid or map of all of the applicant's existing telecommunications facility site areas in the Town of Henrietta and site areas proposed or projected by the applicant for installations for a period of two years.

D. Additional requirements and standards.

(1) The following criteria and additional requirements shall apply to each application for site plan approval for a telecommunications facility:

(a) Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property in order to contain on site substantially all ice fall or debris from tower failure. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent residential property line equal to the tower height plus 25 feet and a setback of at least 50 feet from any other adjacent property line shall be deemed adequate. The required setbacks may be decreased in those instances when the applicant has submitted plans for a tower designed to minimize damage to adjacent properties in the event of a structural failure. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.

(b) Future shared use of new towers. In the interest of minimizing the number of new towers, the Planning Board may require, as a condition of either site plan or tower permit approval, that the applicant indicate in writing its commitment to colocation of telecommunications facilities and that the applicant will design the tower to have a minimum height and carrying capacity needed to provide future shared usage. The condition for colocation may not be required if the applicant demonstrates that the provisions of future shared usage are not feasible or impose an unnecessary burden based upon the number of Federal Communications Commission (FCC) licenses foreseeably available for the area, the kind of tower site and structure proposed, the number of existing and potential licensees without tower spaces, available spaces on other existing and approved towers and potential adverse visual impacts by a tower designed for shared usage.

(c) Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:

[1] Existing on-site vegetation shall be preserved to the maximum extent possible. A tree survey showing all trees of four-inch caliper or greater shall be conducted and mapped and submitted as part of the development plan.

[Amended 2-18-2015 by L.L. No. 1-2015]

[2] The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. All parcels with a tower located thereon shall have a fifty-foot buffer zone planted with such landscaping or other form of buffering as the Planning Board shall reasonably require.

[3] The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that towers should not be artificially lighted, except as required by the FAA.

[4] The tower shall be of a galvanized finish or painted matte grey unless otherwise required by the FAA, and accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.

[5] No tower or facility shall contain any advertising signs or advertising devices except signage identifying a health or general welfare message and owner(s) name and contact information intended solely for the protection of the general public.

[6] All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.

(d) Traffic, access and safety.

[1] A road turnaround and two parking spaces shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting, and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

[2] All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism.

[3] The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.

[4] Upon written request from the town, the applicant shall provide a certification from a qualified, licensed engineer certifying that the tower or telecommunications facility meets applicable structural safety standards.

[5] Applicant must provide to the Town an intrusion plan.

(e) Removal of obsolete/unused facilities. The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for six consecutive months. Removal of such obsolete and/or unused towers or antennas and restoration of the site to its original condition shall take place within six days of receipt of written notice from the Town Board. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to colocate on the tower or telecommunications facility.

(2) The following criteria and additional requirements shall apply to each application for a tower permit:

(a) Height. The building height regulations otherwise applicable in the underlying district shall not apply to towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives. In no event, however, shall any tower (including those requiring only site plan approval) exceed a height of 250 feet without first obtaining a height variance from the Zoning Board of Appeals.

(b) Shared use of existing towers and/or structures. At all times, shared use of existing towers and/or structures, e.g. municipal water tank, buildings, towers, etc., shall be preferred to the construction of new towers. An applicant for a tower permit shall present a report inventorying existing towers within a reasonable distance (two to four miles) of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower. The applicant shall submit documentation demonstrating good faith efforts to secure shared use on existing towers or structures as well as financial reasons why shared usage is not proposed. Written requests for shared use shall be provided where applicable. The applicant shall also demonstrate efforts to locate a new tower on the same site as an existing tower or structure, if it is not colocating on the existing tower or structure. Emergency service use colocated on a tower shall be rent free.

(c) The Town may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.

E. Annual report. The applicant or its successors or assigns shall file annually with the Town on the second day of January following approval of the telecommunications facility a written report certifying that the applicant or its successors or assigns are complying with its maintenance and inspection procedures and records system and that the telecommunications facility is not a hazard or a threatened hazard to the health and safety of the public.

F. Exemptions.

(1) The following types of telecommunications facilities are not subject to the provisions of this section:

(a) Antennas used solely for residential household television and radio reception and involving a structure with a height less than 15 feet above existing grade or, if attached to a structure, 15 feet above the maximum height of the building.

(b) Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location. (Note: FCC rule regarding preemption of local zoning regulations for satellite antennas, 47 CFR Part 25.)

(c) Facilities under the control or ownership of and used exclusively by a public or governmental agency.

(d) Lawful or approved use and existing prior to the effective date of this section; however, no telecommunications facility shall be modified unless in conformity with this section.

(2) In addition, telecommunications facilities may be repaired and maintained without restrictions.

§ 295-52 (Reserved) [1]

[1] Editor's Note: Former § 295-52, Air-supported dome structures, added 4-16-1997, was repealed 4-12-2022 by L.L. No. 9-2022. See now § 295-54.1.

§ 295-52.1 (Reserved) [1]

[1] Editor's Note: Former § 295-52.1, Open space incentive option, added 7-20-2005 by L.L. No. 2-2005, as amended, was repealed 6-30-2021 by L.L. No. 7-2021. See now Art. IXB, Incentive Zoning.

§ 295-52.2 Food trucks.

[Added 10-16-2013 by L.L. No. 1-2013]

A. General provisions.

(1) It shall be unlawful for any person to operate a mobile food vehicle within the public rights-of-way or on public property anywhere within the Town of Henrietta.

(2) It shall be unlawful for any person to operate a mobile food vehicle on private property without first having obtained a valid mobile food vending license as prescribed in this section. Operation of a mobile food vehicle on private property shall be regulated in accordance with all applicable provisions of the Town Code.

(3) Mobile food vehicles with a valid mobile food vending license as prescribed by this section shall be allowed to operate on private property within an area that has been designated by the Town of Henrietta as an approved location.

B. Approved locations.

(1) To be considered an approved location for mobile food vehicles, owners of private land zoned commercial or industrial must make application to the Town Board of the Town of Henrietta for a special use permit, according to the provisions of Article XII of this chapter. The application for such license shall be on forms provided by the Department of Building and Fire Prevention.

[Amended 6-26-2019 by L.L. No. 5-2019]

(2) Approved locations may not be adjacent to or within a radius of 100 feet of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons. This requirement may be waived if the application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment.

(3) Approved locations may not conflict with any parking and vehicle and traffic laws, ordinances, rules and regulations of the Town of Henrietta, County of Monroe or State of New York.

(4) Neither the vendor nor the property owner may provide seating intended primarily to accommodate patrons of the food vehicle, except that the property owner may provide a reasonable amount of seating to be used by employees of a business that is located on that property.

(5) A license for the operation of a food truck in the Town of Henrietta, or changes thereto, shall be subject to the approval of, and issuance by, the Town of Henrietta Building Inspector, the Town of Henrietta Fire Marshal, or designee.

[Amended 8-19-2015 by L.L. No. 8-2015]

C. Vendors.

(1) To operate in an approved location, the vendor must have written permission of the owner of the property specifying the days, times and specific location(s) for which permission has been granted. Such written permission must be in a form acceptable to the Town Attorney.

(2) Mobile food vehicles may only be parked in areas indicated on the permit application submitted to the Town by said property owner and approved by the Building Inspector or designee.

[Amended 6-26-2019 by L.L. No. 5-2019]

(3) Mobile food vehicles with a valid mobile food vending license may be operated by the vendor during hours as approved by the property owner. However, vendors may not operate mobile food vehicles:

(a) Before 9:00 a.m.; or

(b) After 9:00 p.m., Sunday through Thursday; or

(c) After 10:00 p.m. on Friday and Saturday.

(4) Mobile food vehicles must be parked within the boundaries of the designated area of the approved locations, as approved by the Town Board. The Town Board designates the Building Inspector (or his designee) as the person authorized to make the determination of whether the mobile food vehicle is in compliance.

[Amended 6-26-2019 by L.L. No. 5-2019]

(5) Each and every mobile food vehicle must at all times carry on the vehicle a "measuring wheel" with a measuring capability of no less than 500 feet as a condition of its licensure. The failure of any mobile food vehicle to carry such a measuring wheel or abide by the proximity distance restrictions included in this section shall constitute a violation of this section pursuant to Subsection H.

(6) All mobile food vehicle vendors must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times.

(7) It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event.

(8) All signage must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle.

(9) All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity and shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by Chapter 234, Solid Waste, Part 1, of this Code, any violation of which shall be punished in accordance with § 234-12 of this Code.

(10) No alcohol may be sold or dispensed from mobile food vehicles.

D. License required; application.

(1) Any person desiring to operate a mobile food vehicle shall make a written application for such license to the Building Inspector or designee. The application for such license shall be on forms provided by said Director or the Director's designee, and shall include the following:

[Amended 6-26-2019 by L.L. No. 5-2019]

(a) Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation.

(b) A valid copy of all necessary licenses, permits or certificates required by the County of Monroe, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle operators.

(c) A signed statement that the vendor shall hold harmless the Town and its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the license.

(d) Insurance.

[1] The vendor shall furnish a certificate of insurance evidencing that the vendor possesses and maintains such public liability, food products liability, and damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 30 days' written notice served upon the Town of Henrietta Office of Licenses. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the Town of Henrietta.

[2] In addition to the above-required certificate of insurance, the vendor shall also endorse, maintain and include the Town as an additional named insured on its underlying business commercial general liability policy.

(2) All license applicants and applicants for renewals thereof shall present each vehicle to the Fire Marshal or designee to determine that the vehicle meets all applicable New York State Fire Codes.

[Amended 6-26-2019 by L.L. No. 5-2019]

(3) The initial license shall be subject to approval by the Town Board of the Town of Henrietta.

E. Form and condition of license. Every mobile food vehicle vending license shall contain the following conditions:

(1) Each mobile food vehicle vending license shall expire on April 1 of every year.

(2) The license shall not be transferable from person to person.

(3) The license is valid only for the vehicle for which it was issued.

F. License fee.

(1) All vendors shall pay an initial application fee in an amount set from time to time by the Town Board, which shall include the first year's license fee.

(2) All vendors holding a license that has been revoked or permitted to lapse shall pay an annual renewal fee as set by the Town Board.

G. Compliance with other regulations.

(1) The owner/operator of any mobile food vehicle licensed by the Town of Henrietta shall comply with all provisions of federal, state and local laws and ordinances.

(2) The owner/operator of any mobile food vehicle licensed by the Town of Henrietta shall comply with all notices, orders, decisions and rules and regulations made by the Henrietta Department of Building and Fire Prevention, the Monroe County Sheriff's Office, the Monroe County Health Department, or any other Town of Henrietta department and/or agency.

[Amended 6-26-2019 by L.L. No. 5-2019]

H. Penalties for offenses.

(1) Any person, firm or corporation violating the provisions of this section shall, upon conviction or a plea of guilty, be subject to the penalties set forth in § 295-66 of this chapter.

(2) Closure for operation without license. Any mobile food vehicle operating without the required Town of Henrietta license shall be immediately closed by order of the Town of Henrietta. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1,500 per violation.

§ 295-52.3 Non-farm residential chicken coops.

[Added 11-6-2013 by L.L. No. 2-2013; amended 6-26-2019 by L.L. No. 5-2019; 6-10-2020 by L.L. No. 1-2020]

A. License required. Chickens may be kept at residentially zoned property, but only in a chicken coop and only pursuant to a backyard chicken license issued in accordance with the Town of Henrietta Backyard Chicken License Law.[1] The keeping of chickens on a farm is exempt from the Backyard Chicken License Law.

[1] Editor's Note: See Ch. 61, Chickens.

B. Setbacks and dimensions.

(1) A chicken coop requires a building permit and certificate of compliance.

(2) The coops or cages housing such chickens must be situated at least 20 feet from any dwelling other than the applicant's dwelling and at least 10 feet from the applicant's dwelling.

(3) The coops or cages housing such chickens may not be located in front or side street yard areas and shall not be located closer than five feet to a side yard lot line nor within five feet of a rear yard lot line. No chickens shall be kept in front yard or side street yard areas.

(4) The total area of all coops, cages, fenced areas and runs designated for chickens on a lot shall not be greater than 108 square feet of floor/ground space for up to six chickens, 216 square feet for up to 12 chickens, and 324 square feet for up to 18 chickens. The chicken coop shall be a covered, predator-resistant, well-ventilated structure providing a minimum floor/ground space of at least two square feet per allowed chicken, with a maximum of five square feet per allowed chicken. Coops and cages, singly or in combination, shall not exceed seven feet in height. A fenced run area outside the coop shall have a minimum area of 10 square feet of floor/ground space for each chicken, with a maximum area of 15 square feet per allowed chicken.

C. Preexisting chicken coops. Preexisting chicken coops which were active, properly licensed and otherwise in compliance with the Town Code immediately prior to the implementation of this section are permitted to continue, so long as in compliance with such preexisting law, including the setbacks and inspections required thereunder, so long as they have no more than six chickens, hens only. Otherwise, the preexisting nonconforming status under this subsection shall become void, and the chicken coop must come into compliance with this section, including the licensing for keeping of chickens. Moreover, any enlargement or material improvement of an otherwise valid preexisting chicken coop, cage or run shall require that the entire chicken coop and associated cage and/or run come into compliance with this section, including the licensing for keeping of chickens.

§ 295-52.4 (Reserved) [1]

[1] Editor’s Note: Former § 292-52.4, Self-storage facilities, was repealed 8-8-2018 by L.L. No. 6-2018.

§ 295-52.5 (Reserved) [1]

[1] Editor's Note: Former § 295-52.5, Solar energy systems, added 6-21-2017 by L.L. No. 4-2017, was repealed 9-22-2021 by L.L. No. 12-2021.

§ 295-52.6 Comfort care homes.

[Added 10-18-2017 by L.L. No. 8-2017]

A. Comfort care homes in R-1 Districts. Given the typical size and intensity of use of a comfort care home, the Town of Henrietta finds and determines that such home is not typical of a traditional single-family home. As a result, comfort care homes will be allowed as transitional uses in R-1, as follows:

(1) A comfort care home shall be required to share a side yard property boundary line with at least one non-R-1 parcel in order to demonstrate its nature as a transitional use. Where it does not, it shall not be allowed on an R-1 parcel.

(2) A comfort care home shall not be allowed on a parcel bounded on both sides by parcels with R-1 zoning.

(3) As a transitional use typified by a large building footprint, significant parking requirements, and potentially substantial traffic as compared to other R-1 uses, a comfort care home shall not be permitted in an approved residential subdivision.

(4) Wherever a comfort care home shares a property boundary line with a residentially zoned parcel containing a single-family home:

(a) It shall be required to provide double the required setback(s) from such parcel.

(b) It shall have no greater than six parking spaces.

(c) It shall be designed and constructed for no more than two people to reside there and to receive care at any one time.

(5) A comfort care home shall require site plan approval.

B. Comfort care homes in R-2 Districts. A comfort care home shall require site plan approval. Further, a comfort care home in the R-2 District shall comply with the following additional requirements where it shares a property boundary line with a parcel containing a single-family home:

(1) It shall be required to provide double the required setback(s) from such parcel.

(2) It shall have no greater than six parking spaces.

(3) It shall be designed and constructed for no more than two people to reside there and to receive care there at any one time.