[Amended 10-26-1994 by L.L. No. 7-1994; 9-23-1998 by L.L. No. 2-1998; 7-26-2006 by L.L. No. 4-2006; 6-9-2010 by L.L. No. 4-2010; 3-9-2011 by L.L. No. 2-2011; 4-24-2019 by L.L. No. 2-2019; 3-8-2023 by L.L. No. 1-2023; 11-6-2024 by L.L. No. 5-2024]
A. 
Uses permitted in the restricted business district. The following uses shall be permitted when conducted within a completely enclosed building:
(1) 
Administrative, banking, professional or executive offices, but not including retail sales, or any use first permitted in any Commercial or Industrial District unless specifically permitted. Banks are permitted to have drive-in tellers and automated teller machines (ATMs) if at least 10 stacking spaces are provided for each. When located in a Town-designated historic district, as identified on the official Town Zoning Map,[1] drive-in tellers and drive-up automated teller machines require the granting of a special permit from the Town Board. Drive-in tellers and drive-up automated teller machines are subject to the additional standards for drive-through facilities in historic districts in § 208-54E.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
(2) 
The following uses for treatment and care of human beings, including but not limited to medical buildings consisting of offices or clinics for physicians, osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians and optometrists.
(3) 
Public buildings and grounds (see § 208-8, Definitions).
(4) 
Meeting rooms for private clubs, lodges or fraternal organizations.
(5) 
Fire station and/or ambulance service headquarters.
(6) 
Hotels or motels (see § 208-45).
(7) 
As an accessory use to any of the above, a restaurant, newsstand, barbershop, hairdresser, pharmacy, storage or other incidental personal service in connection with a permitted use, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be made of such use.
(8) 
As an accessory use to any of the above, a club swimming pool, provided that such pool is located entirely within an enclosed building. Outdoor pools may be granted by the Board of Appeals upon application for a special permit. The Board shall apply the provisions of § 208-54 hereof as well as any other standards deemed necessary or proper to protect neighboring properties.
(9) 
Veterinary office and/or kennels, provided that there is no outside keeping of animals and adequate soundproofing is provided so that the ambient sound level at the property boundaries is not elevated more than 10 decibels on the A-weighted scale as measured at a fast response with an instrument satisfying the requirements of American National Standards Institute (ANSI) S1.2-1983 and a special permit is granted by the Board of Appeals. The Board shall apply the provisions of § 208-54 hereof as well as any other standards deemed necessary or proper to protect the neighboring properties.
(10) 
All uses first permitted in a Mixed Use District, as regulated by § 208-43.
(11) 
Light manufacturing (including incidental warehousing), research and development, servicing of merchandise and product assembly entirely within an enclosed building. Such uses shall not alter the character of the building or surrounding properties and not create and emit fumes, gases, smoke, vapor, dust, noise or other nuisances to adjacent lands.
(12) 
Short-term rentals, as regulated by § 208-28.3.
B. 
Regulation of permitted uses shall be as provided in § 208-42 of this chapter.
[Amended 10-13-1977 by L.L. No. 7-1977; 2-8-1984 by L.L. No. 1-1984; 8-28-1991 by L.L. No. 6-1991; 2-12-1992 by L.L. No. 1-1992; 7-26-1995 by L.L. No. 5-1995; 3-12-2008 by L.L. No. 3-2008; 3-9-2011 by L.L. No. 2-2011; 2-24-2016 by L.L. No. 6-2016; 4-24-2019 by L.L. No. 4-2019; 3-24-2021 by L.L. No. 2-2021; 3-8-2023 by L.L. No. 1-2023; 11-6-2024 by L.L. No. 5-2024]
A. 
Uses permitted. The following uses shall be permitted in the Industrial District:
(1) 
Customary and ordinary industrial uses, including light manufacturing uses, which are conducted wholly within the enclosed walls of a building, including warehousing, are permitted. Those uses of lands, buildings, structures or processes which may or shall be noxious, injurious or in any way harmful to persons or property by reason of the production or emission of dust, smoke, refuse, odor, gas fumes, noise, radiation, vibrations or similar circumstances or conditions are expressly prohibited.
(2) 
Hotels or motels. (See § 208-45.)
(3) 
All uses first permitted in a Restricted Business District, but not including uses defined in the Mixed Use District Residential or Commercial Use categories.
(4) 
A solid waste facility may be permitted upon obtaining a permit from the Zoning Board of Appeals as provided in § 208-21 of this chapter, provided that it meets the following criteria:
(a) 
The parcel is greater than 100 acres in size.
(b) 
The facility and related improvements are set back greater than 100 feet from any property line.
(c) 
Appropriate measures are taken to minimize the visual impact of any operational activities and equipment, and dropoff facilities are provided along adjacent public roads.
(5) 
Veterinary office and/or kennels, provided that there is no outside keeping of animals and adequate soundproofing is provided so that the ambient sound level at the property boundaries is not elevated more than 10 decibels on the A-weighted scale as measured at a fast response with an instrument satisfying the requirements of American National Standards Institute (ANSI) SI.2-1983, and a special permit is granted by the Board of Appeals. The Board shall apply the provisions of § 208-54 hereof as well as any other standards deemed necessary or proper to protect the neighboring properties.
(6) 
Adult uses.
(7) 
Miniwarehouses.
(8) 
Public garages, provided that a special permit is granted by the Town Board.
(9) 
Bottle and can redemption.
(10) 
Cigar shops or cigar lounges, as regulated by § 208-28.2.
B. 
Design criteria. The architectural treatment and general appearance of all buildings and grounds shall be of such quality of design as to be a visual asset to the area in which they are located. Such determination shall be made by the Planning Board.
C. 
Landscaping. The front yard of all lots and the exterior side yard of a corner lot shall be landscaped and shall include the provision of vegetation of suitable levels of maturity to protect and enhance the overall quality of the environment. In the case of through lots where the rear or side yard is also visible from public highways or residential areas, similar requirements shall be imposed wherever appropriate.
[Amended 10-13-1977 by L.L. No. 7-1977; 8-22-1984 by L.L. No. 2-1984; 9-14-1988 by L.L. No. 5-1988; 3-28-1990 by L.L. No. 2-1990; 8-28-1991 by L.L. No. 6-1991; 2-12-1992 by L.L. No. 1-1992; 10-26-1994 by L.L. No. 7-1994; 7-26-1995 by L.L. No. 5-1995; 9-23-1998 by L.L. No. 2-1998; 4-14-1999 by L.L. No. 1-1999; 5-9-2001 by L.L. No. 4-2001; 12-30-2002 by L.L. No. 7-2002; 7-26-2006 by L.L. No. 4-2006; 6-9-2010 by L.L. No. 4-2010; 3-9-2011 by L.L. No. 2-2011; 9-12-2012 by L.L. No. 4-2012; 8-28-2013 by L.L. No. 3-2013; 4-24-2019 by L.L. No. 2-2019; 3-24-2021 by L.L. No. 2-2021; 3-9-2022 by L.L. No. 2-2022; 3-8-2023 by L.L. No. 1-2023; 11-6-2024 by L.L. No. 5-2024]
A. 
Uses permitted. The following uses shall be permitted in the Commercial District:
(1) 
Any use first permitted in a Restricted Business District, excluding light manufacturing.
(2) 
The following uses when conducted within a completely enclosed building:
(a) 
Stores and shops for the conducting of any retail business, subject to the regulations found in § 208- 41A(5)(p) and (q).
(b) 
Personal service establishments, i.e., barbershops, beauty parlors, shoe repair, laundromat, dry cleaning or laundry pickup stations.
(c) 
Restaurants, coffee shops or other places serving food or beverages inside.
(d) 
As an accessory use, shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
[1] 
All such articles manufactured or processed are sold at retail on the premises.
[2] 
Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment.
[3] 
Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.
(e) 
Vending machines, only when located wholly within the main building, except as listed below:
[1] 
Public telephones and newspaper vending machines may be located outside of a building.
[2] 
Ice dispensing machines may be located outside or next to, but not in front of, the building.
(f) 
Veterinary office and/or kennels, provided that there is no outside keeping of animals and adequate soundproofing is provided so that the ambient sound level at the property boundaries is not elevated more than 10 decibels on the A-weighted scale as measured at a fast response with an instrument satisfying the requirements of ANSI S1.2-1983, and a special permit is granted by the Board of Appeals. The Board shall apply the provisions of § 208-54 hereof as well as any other standards deemed necessary or proper to protect the neighboring properties.
(3) 
The following uses, when conducted outside of an enclosed building:
(a) 
Outdoor display and storage of plants and accessories on the same parcel of land as a garden store, hardware store or landscape gardener which is situate in a permanent structure.
(4) 
The following uses, when conducted in connection to a completely enclosed building:
(a) 
Drive-through facilities. The Planning Board shall approve drive-through facilities in a site plan approval, provided the applicant demonstrates the use will not be detrimental to on-site traffic patterns, off-site traffic and adjacent properties. When a drive-through facility is located in a Town-designated historic district, see § 208-41A(5)(r).
(b) 
Outside dining. The Planning Board shall approve outside dining through a site plan approval. Preparation of food for catering purposes for consumption off the premises is permitted as an incidental use.
(5) 
The following uses, upon obtaining a special permit from the Town Board as provided in § 208-54 of this chapter. Applicants shall obtain approval of a special permit before seeking site plan approval from the Planning Board.
(a) 
Hotels or motels (see § 208-45).
(b) 
Motion-picture theaters, theaters and auditoriums for the performing arts. Drive-in theaters are not permitted.
(c) 
New or used motor vehicle sales.
(d) 
Gasoline service stations or public garages, provided that entrances and exits are aligned with the center lines of existing intersecting public rights-of-way or are located more than 100 feet from the closest edge of a street intersection and that no service appliance is installed within 50 feet of any street or lot line. For additional requirements, see § 208-44.
(e) 
Limited-use gasoline stations which have just gasoline pumps and a building for shelter of personnel constructed as an integral part of a shopping center. The station shall not have direct access to or from public highways, nor shall there be a garage, lubrication facilities or sale or lease of parts, accessories, vehicles or trailers associated with them.
(f) 
Minimarts associated with gas stations (see § 208-44).
(g) 
Car washes, provided that no entrance or exit drive shall be located within 100 feet of any street intersection.
(h) 
Monument sales, provided that all cutting and engraving processes are conducted within an enclosed building.
(i) 
Boat or marine sales or service.
(j) 
Laundry or dry-cleaning plants.
(k) 
Custom shops, including but not limited to electrical, heating, printing, plumbing or woodworking shops.
(l) 
Miniwarehouses.
(m) 
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a suitable solid fence or wall:
[1] 
Building materials supply, including incidental millwork.
[2] 
Machine or tool sales, rental or service.
(n) 
Farm implement dealer.
(o) 
Funeral homes.
(p) 
A retail use that exceeds 8,000 square feet in gross leasable floor area (GLFA) within a stand-alone building.
(q) 
A retail use that exceeds 15,000 square feet in GLFA within or attached to an existing plaza.
(r) 
Drive-through facilities, when located in a Town-designated historic district, as identified on the official Town Zoning Map.[1] Drive-through windows are subject to the additional standards for drive-through facilities in historic districts in § 208-54E.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
(6) 
All uses first permitted in a Mixed Use District, as regulated by § 208-43.
(7) 
Cigar shops or cigar lounges, as regulated by § 208-28.2.
(8) 
Short-term rentals, as regulated by § 208-28.3.
B. 
Regulation of permitted uses. Regulation of permitted uses shall be as provided in § 208-42 of this chapter.
[Amended 5-25-1977 by L.L. No. 5-1977; 10-13-1977 by L.L. No. 7-1977; 3-28-1990 by L.L. No. 2-1990; 2-12-1992 by L.L. No. 1-1992; 7-26-1995 by L.L. No. 4-1995; 5-9-2001 by L.L. No. 4-2001; 6-9-2010 by L.L. No. 4-2010]
The following regulations shall apply to all Restricted Business, Industrial and Commercial Districts:
A. 
Development area.
(1) 
In order to prevent strip-type development, to produce more harmonious appearance and to promote public safety by reducing access cuts to and from public highways, all development must take place in areas which have a minimum frontage of public highways of 400 feet and a minimum size of 10 acres. Ownership need not be in one owner but adjacent owners similarly zoned may apply jointly if their aggregate holdings meet these requirements and agree to a coordinated development plan. Individual lots may be used within a development area. Adjacent property owners will be required to give mutual easements for vehicular traffic across their properties to permit vehicles to get to limited points of access to and from public highways.
(2) 
The frontage, area restrictions and setbacks defined below may be modified by the Planning Board if the owner can show that such modification is consistent with the intent of this section.
B. 
Size of lot.
(1) 
In a development area. The minimum width of a lot shall be 200 feet and the minimum area 40,000 square feet.
(2) 
Not in a development area. The minimum width of a lot shall be 300 feet and the minimum area 60,000 square feet.
C. 
Size of building or unit. There shall be no minimum size requirements.
D. 
Setbacks. The minimum front setback shall be 85 feet, the minimum side setback 30 feet and the minimum rear setback 30 feet, except as provided in § 208-25 of this chapter.
E. 
Lot coverage.
(1) 
Within a Restricted Business Zoning District, a minimum of 40% of the parcel shall be utilized as green space.
(2) 
Within a Commercial or Industrial Zoning District, a minimum of 35% of the parcel shall be utilized as green space.
(3) 
Within any of the above zoning districts, the maximum area of the parcel covered by buildings or structures shall not exceed 30%.
F. 
Residential uses. No residential uses are permitted except as living quarters in part of a building having a permitted use herein where such residential use is incidental to the permitted use of said building. Said living quarters shall have a minimum area of 800 square feet.
G. 
Access. Access points to public highways shall be minimized and spaced no closer together than 350 feet and entrances and exits shall be aligned with the center lines of existing intersecting public rights-of-way or be located more than 100 feet from the closest edge of a street intersection.
H. 
Landscaping. The front setback shall include an area at least 50 feet in depth along the highway or highways bordering the lot, which shall be suitably landscaped and maintained by the owner. Owners of all existing developed lots shall have three years from the effective date of this chapter to plant similar landscaped areas. Shrubs, hedges, berms, fences or walls shall be planted or constructed so as to screen parking areas from highways wherever topography will feasibly permit such screening. Additional standards are required in § 208-54E, Additional standards for drive-through facilities in historic districts.
I. 
Architectural treatment. The design of structures must be of uniform architectural style and treatment. Signs should be of a uniform style in both lettering and design. Clear, legible directional signing is encouraged. Such determinations shall be made by the Planning Board.
J. 
Site plan approval. No site preparation or construction shall commence until plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
K. 
Use. The following use may be conducted in any of said districts: a landscape architect or garden nursery situated in a permanent structure. Said use shall include the outdoor planting, display and storage of plants, trees and accessories, but shall not include retail sales unless in a commercial district.
L. 
The Planning Board may, at its discretion, waive or modify requirements pertaining to provisions in § 208-42A through K during site plan approval if the applicant provides rationale for the relief requested, and the Planning Board agrees that the request will result in optimal planning practices.
[Added 3-28-1990 by L.L. No. 1990; amended 2-12-1992 by L.L. No. 1-1992; 10-26-1994 by L.L. No. 7-1994; 3-12-2008 by L.L. No. 3-2008; 3-9-2011 by L.L. No. 2-2011; 5-9-2011 by L.L. No. 4-2011; 10-23-2013 by L.L. No. 4-2013; 9-23-2015 by L.L. No. 4-2015; 3-9-2022 by L.L. No. 2-2022; 3-8-2023 by L.L. No. 1-2023; 11-6-2024 by L.L. No. 5-2024]
A. 
Intent. The intent of the district is as follows:
(1) 
To foster a combination of appropriately scaled land uses and activities that support the goals and objectives contained in the Town's Comprehensive Plan as well as other land use and design plans.
(2) 
To provide areas within the Town for locating a mix of commercial, office, civic, and residential uses serving the day-to-day convenient shopping and personal service needs of neighborhood areas and to assure the compatibility of such areas with nearby residential development.
(3) 
To create lively, pedestrian-friendly and attractive buildings, sites, open spaces and streetscapes where residents and visitors will enjoy walking, biking, driving, and shopping. It is the intent of the Mixed-Use District to ensure that typical, strip commercial development is avoided and that future private development will actively and positively engage the public realm.
B. 
Uses and restrictions. The following uses shall be permitted in the Mixed-Use District:
(1) 
All uses first permitted in Restricted Business District with the exception of hotels and motels, provided that such uses do not exceed 6,000 square feet in area.
(2) 
The uses in Table 1, when conducted within a completely enclosed building. Such uses are to be in accordance with the following:
Lot Size
(acres)
Maximum Building Area
(square feet)
Maximum Single Use Size for Commercial Use Category
(square feet)
Maximum Total Gross Floor Area Permitted for Residential Use Category
More than 3
N/A
8,000
66%
1 to 3
N/A
5,000
50%
Less than 1
10,000
2,500
N/A
Table 1
Use Group
Use Category
Mixed-Use
District
P = Permitted by right
SP = Special use permit required
TB = Special use permit by Town Board
ZBA = Special use permit by Zoning Board of Appeals
PB = Waiver/modification/approval by Planning Board with detailed rationale supporting decision identified in PB motion
Residential
Live/work space
P
Dwelling units
P
Public and Civic
Public buildings and grounds
SP (TB)
Commercial schools
P
Commercial
Grocery store
P
Apparel store
P
Drugstore
P
Antique and/or consignment store
P
Bookstore
P
Laundromat
P
Beauty parlor, barbershop
P
Apparel repair and alteration
P
Bakery
P
Florist shop
P
Artist studio/gallery
P
Restaurants, coffee shops or other similar places principally serving food and drink for inside consumption, provided that occupancy does not exceed 90 persons
P
Sporting goods store
P
Bicycle sales and repair
P
Bed-and-breakfast
SP (ZBA)
Veterinary office and/or kennels, provided that there is no outside keeping of animals and adequate soundproofing is provided so that the ambient sound level at the property boundaries is not elevated more than 10 decibels on the A-weighted scale as measured at a fast response with an instrument satisfying the requirements of ANSI S1.2-1983.
SP (TB)
Drive-through facility (SP by TB if in Historic District)
P
Cigar shops or cigar lounges, as regulated by § 208-28.2
P
Short-term rentals, as regulated by § 208-28.3
P
Other
Outdoor entertainment
SP (ZBA)
Any combination of permitted residential or nonresidential uses
P
Permitted uses exceeding the thresholds established in Subsection B
PB
Uses which are consistent with the intent of this district (see § 208-43A) and which are similar to uses permitted in § 208-43B(2).
SP (TB)
(3) 
All principal and accessory uses shall be conducted within completely enclosed structures, except for an outdoor eating area associated with a restaurant, provided that:
(a) 
All structures and uses are contained within the setbacks.
(b) 
Total number of outdoor seats is approved by the Planning Board.
(4) 
No business establishment in any Mixed-Use Zone shall be open to the public, except during the hours of 5:00 a.m. to 12:00 midnight.
(5) 
Site plan approval. No site preparation or construction shall commence until site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. Site plan approval shall not be required for the expansion or modification of any existing single-family residential use as long as the proposed expansion or modification remains solely a single-family use.
(6) 
No nonresidential use shall be established by the conversion of any structure or premises originally designed for a residential use unless the existing residential character of the building shall be retained. No design or structural changes, additions or extensions shall be made to the front of any such structure, except as necessary to provide required means of ingress, egress, light and ventilation. No additions or extensions shall be made to the side(s) of any such existing residential structure unless the residential character of the whole shall be retained and upon approval of a detailed site plan.
C. 
Dimensional regulations.
(1) 
Lot areas greater than one acre shall require a special use permit issued by the Town Board.
(2) 
Lot size. The minimum width of a lot shall be 80 feet, and the minimum area shall be 10,000 square feet.
(3) 
There shall be no minimum size requirements for buildings or structures.
(4) 
Setbacks shall be as follows:
Setback for Principal and Accessory Structures
(feet)
Yard
Minimum
Maximum
Front, from right-of-way
10
30
Side, abutting nonresidential district*
15
—
Rear, abutting nonresidential district*
15
—
Side and rear, abutting residential* district
50
—
*
Common wall buildings excluded.
On corner lots, both yards abutting streets shall be considered front yards. See § 208-25 for buffer requirements.
(5) 
Maximum overall building height shall not exceed 40 feet (see § 208-14P).
(6) 
Minimum building height shall be 22 feet.
(7) 
Lot coverage. Total lot coverage, including structures, parking areas and other impervious surfaces, shall not occupy more than 75% of the total lot area. The remainder of the lot shall be landscaped area.
(8) 
No more than three delivery vehicles shall be used in the operation of said business.
(9) 
Parking, landscaping, buffering, signing and other special provisions shall be established per other sections of this chapter and constructed in accord with the design criteria and construction specifications of the Town of Perinton.
(10) 
The Planning Board may, at its discretion, waive or modify requirements pertaining to provisions in Subsection C(2) through (10).
D. 
Building placement, orientation, and frontage.
(1) 
To the maximum extent practicable, buildings shall be arranged to orient to the streets and to frame the corner at the intersection of two streets.
(2) 
All applications shall include a list of building materials with identified colors and dimensions to be approved by the Planning Board.
(3) 
Common-wall buildings are encouraged.
(4) 
Street frontage.
(a) 
A minimum of 50% of the street frontage shall be occupied by one or more of the following design elements:
[1] 
Building frontage;
[2] 
Landscaped entryway signage or features; and/or
[3] 
Site amenities, including, but not limited to, public sitting and/or gathering space, decorative walls, art, clocks, etc.
(b) 
Prohibited design elements.
[1] 
Motor vehicle parking;
[2] 
Motor vehicle access drives, drive lanes or aisles, except those which are necessary to provide direct access to a public street.
(5) 
Building composition.
(a) 
The design of the structure and signs shall be of a compatible architectural style and treatment with surroundings.
(b) 
Buildings shall exhibit a clearly defined base, midsection, and crown. This can be accomplished using a combination of architectural details, materials and colors.
(c) 
Architectural details or features such as dormers, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.
A well-articulated base, midsection, and crown can be achieved in all building types and sizes, including multistory buildings, as depicted in the illustration to the right, and single-story buildings, as depicted directly below.
(6) 
Facade composition.
(a) 
All buildings shall have a prominent street level entrance visible and accessible from the public sidewalk.
(b) 
Buildings located on corner lots shall have a building entrance located on the corner that faces the intersection of two public streets, to the extent practicable.
(c) 
Varied building designs that avoid long, flat facades are required.
[1] 
The vertical plane of the building facade shall be broken up with a high level of articulation (e.g., projecting entry or window features, recessed elements, transparent storefronts, identifiable retail spaces, and awning/entrance canopies) especially at ground level.
[2] 
No facade shall exceed 60 feet in horizontal length without a change in facade plane. Changes in facade planes shall be no less than 1.5 feet in depth and no less than eight feet in length.
[3] 
Any changes in exterior building material shall occur at interior comers.
[4] 
All facades shall be designed to be consistent in regard to architectural style, materials, and details.
(d) 
Transparency.
[1] 
A minimum of 50% of the street-facing, ground floor facades for nonresidential uses shall be comprised of clear windows that allow views into the interior of the building.
[2] 
Ground floor facades for residential uses shall provide a minimum transparency of 20%.
[3] 
Ground floor transparency shall be measured between two feet and 10 feet above the adjacent sidewalk.
[4] 
The Planning Board may, at its discretion, waive or modify the above requirements pertaining to transparency.
E. 
Mechanical equipment and dumpsters. Air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, and other similar mechanical equipment and refuse storage containers and facilities shall be thoroughly screened from view from the public right-of-way and from adjacent properties. Screening shall be architecturally compatible with the style, materials, colors, and details of the building.
F. 
Pedestrian access and circulation. An on-site system of pedestrian walkways shall be designed to provide direct access and connections to and between the following:
(1) 
The primary entrance or entrances to each building, including pad site buildings;
(2) 
Any sidewalks or walkways on adjacent properties that extend to the boundaries shared with nonresidential development;
(3) 
The public sidewalk system along the perimeter streets adjacent to the development;
(4) 
Where practicable and appropriate, adjacent land uses and developments, including but not limited to adjacent residential developments, retail shopping centers, office buildings, or restaurants; and
(5) 
Where practicable and appropriate, any adjacent public park, greenway, hiking trail, or other public or civic use, including but not limited to schools, places of worship, public recreational facilities, or government offices.
G. 
Vehicular access and circulation.
(1) 
Joint access with contiguous parcels shall be encouraged. Access points to public highways shall be spaced no closer than 150 feet (edge to edge).
(2) 
To the extent practicable, nonresidential and mixed-use sites shall be designed to provide cross access and a unified circulation pattern with adjacent sites. Techniques to achieve this include, but are not limited to, shared driveways, shared access roads and cross-access easements.
(3) 
To the extent practicable, common or shared service and delivery access shall be provided between adjacent parcels and/or buildings.
(4) 
Access easements may be required so that pad sites or adjacent parcels have adequate access if ownership patterns change.
(5) 
Drive-up facilities and associated drive lanes shall be located in either the side yard or rear yard.
H. 
Off-street parking areas.
(1) 
Location.
(a) 
No parking shall be permitted in the front yard.
(b) 
Off-street parking may be located in the rear yard or side yard. Side yard parking shall be located a minimum of 10 feet behind the front façade.
(c) 
Parking, or access to parking, shall not exceed 50% of lot frontage.
(2) 
Number of spaces.
(a) 
Retail businesses shall provide three spaces per 1,000 square feet of gross floor area.
(b) 
All other uses shall be subject to the requirements in § 208-16.
(c) 
The maximum number of off-street parking spaces for any building or use shall not exceed 150% of the minimum parking requirement as indicated in § 208-16.
(3) 
Parking blocks. In order to reduce the scale of parking areas, the total amount of parking provided shall be broken up into parking blocks containing not more than 40 spaces.
(a) 
Each parking block shall be separated from other parking blocks by buildings, access drives with adjacent landscaped areas at least 10 feet wide, a landscaped median or berm at least 10 feet wide, or by a pedestrian walkway or sidewalk within a landscaped median at least 10 feet wide.
(b) 
Each parking block shall have consistent design angles for all parking within the block. Parking blocks should be oriented to buildings to allow pedestrian movement down and not across rows (typically with parking drive aisles perpendicular to customer entrances).
(4) 
Pedestrian walkways. All parking blocks which contain more than 25 stalls, including access lanes and driveways, must include clearly identified pedestrian routes from the parking stalls to the main building entrance, public sidewalk along the street and/or central location. At a minimum, walkways shall be provided between every parking block and meet the following standards:
(a) 
Shall be designed and built in accordance to the Town's Design Criteria;
(b) 
Shall be distinguishable from vehicular ways by pavement material, texture, or raised in elevation;
(c) 
Shall have adequate lighting for security and safety;
(d) 
Shall comply with the Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5) 
Shared parking. Shared parking is encouraged in the Mixed-Use District to promote efficient use of land and resources by allowing users to share off-street parking facilities for uses located within close proximity to one another with different peak parking demands or different operating hours.
(a) 
General. The Planning Board may approve shared use of parking facilities located on the same property or on separate properties if, in the opinion of the Planning Board:
[1] 
A convenient pedestrian connection between the properties exists; and
[2] 
The properties are within 1,000 feet of each other on the same side of the street; and
[3] 
The availability of parking for all affected properties is indicated by approved directional signs.
[4] 
The contractual agreement is approved between involved property owners.
(b) 
Number of spaces required.
[1] 
Where the uses to be served by shared parking do not overlap their hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.
[2] 
Where the uses to be served by shared parking have overlapping peak hours of operations, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements. If the following criteria are met, that total may be reduced by 10%:
[a] 
The parking areas share a property line; and
[b] 
A vehicular connection between the lots exists; and
[c] 
A convenient, visible pedestrian connection between the lots exists; and
[d] 
The availability of parking for all affected properties is indicated by approved directional signs.
(6) 
Bicycle parking.
(a) 
Bicycle parking shall be provided at 10% of the motorized vehicle parking requirements but not less than two bicycle spaces and not more than 20 bicycle spaces for any use.
(b) 
Bicycle parking shall be located and clearly designated in a safe and convenient location. Accessibility to bicycle parking shall be equivalent to the motor vehicle spaces provided.
(c) 
Bicycle parking facilities shall be sufficiently separated from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles.
(d) 
A bicycle parking sign shall be visible from the main entrance of the structure or facility.
I. 
Multibuilding developments. The following provisions are intended to ensure that traditional, strip commercial centers are avoided in the Mixed-Use District.
(1) 
Overall site layout and building orientation. All primary and pad site buildings shall be arranged and grouped so that their primary orientation, typically the facade containing the primary customer entrance, complements adjacent development and frames and/or encloses on at least two sides:
(a) 
The corner of an adjacent street intersection;
(b) 
A primary pedestrian and/or vehicle access corridor within the development site; or
(c) 
A public sidewalk, space or other public site amenity.
In the development pattern above, out-buildings front directly on the street and define a clear edge. The pad sites on the corners make a strong architectural statement and provide a sense of arrival to the development center. Parking is on the interior of the block and does not dominate the street frontage.
(2) 
Pad sites and buildings.
(a) 
The number, location, and design of independent pad sites shall reinforce, rather than obscure, the identity and function of the primary development.
(b) 
To the maximum extent practicable, pad sites shall be clustered together to define street edges and entry points or to enclose and create usable places between buildings. The even dispersal of pad sites in a widely spaced pattern within the development, even if along the street edge(s), is discouraged.
(c) 
Wherever practicable, spaces between adjoining pad site buildings should be improved to provide small pockets of customer parking, pedestrian connections, small-scale site amenities, or focal points. Examples include but are not limited to:
[1] 
A landscaped pedestrian walkway linking customer entrances between two or more pad site buildings;
[2] 
A public seating or outdoor eating area;
[3] 
An area landscaped with a variety of plant materials emphasizing four-season colors, textures, and varieties; or
[4] 
Public art, fountains, or other special features.
(d) 
Pad site buildings shall incorporate the same materials and colors as those on the primary building(s) in the development or center. Significant departures from off-the-shelf standardized building design may be required to meet this standard.
(e) 
Pad site entrances are appropriate locations to express individual building character or identity. Customer entrances shall be emphasized through incorporation of a building recess, projection, canopy, or similar design elements.
(3) 
Freestanding kiosks and automated teller machine (ATM) structures.
(a) 
All kiosk-type buildings and structures shall be integrated with the overall commercial or center development, and shall be subject to the same guidelines as all other buildings within the development.
(b) 
Freestanding kiosks and drive-up ATM structures shall not be located along the primary access street frontage.
(c) 
Access to a freestanding kiosk or drive-up ATM structure shall not be from the adjacent public streets. Access shall be from drives and streets internal to the development.
(d) 
Freestanding kiosks and drive-up ATM structures shall comply with the building design standards applicable to pad sites set forth in Subsection I(2).
J. 
Landscaping.
(1) 
Building setback landscaping.
(a) 
Building setback areas along streets, accessways, or along private drives shall be landscaped with a minimum of one shade tree per 40 feet of linear frontage.
(b) 
Building setback areas shall include compact massings of ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers.
(c) 
Plantings should decrease in size and increase in detail, color, and variety near entryways into developments.
(2) 
Building foundation landscaping.
(a) 
Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers.
(b) 
Plantings shall be massed and scaled as appropriate for the entryway size and space.
(c) 
Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.
(3) 
Interior parking lot landscaping.
(a) 
The interior of all uncovered parking blocks containing 10 or more spaces shall be landscaped according to the provisions in this subsection.
(b) 
The primary landscaping materials used in parking lots shall be trees, which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
(c) 
One shade tree shall be planted for every five parking spaces.
(d) 
Landscaped berms shall be at least 10 feet wide, a maximum of three feet high, and include a maximum slope of 3:1.
K. 
Lighting. These provisions are intended to limit the adverse impacts of light through spillover; provide attractive lighting fixtures and layout patterns that complement the architectural and landscape character of the development and contribute to unified exterior lighting design; and provide exterior lighting that promotes safe vehicular and pedestrian access to and within a development.
(1) 
Applicants shall submit a unified lighting plan and cut sheets of proposed lighting fixtures for review and approval by the Planning Board.
(2) 
Fully shielded and full cutoff light fixtures are required. The following outdoor lighting applications shall be illuminated by fixtures that are both fully shielded and full cutoff:
(a) 
Public street and pedestrian lighting;
(b) 
Parking lots;
(c) 
Pathways;
(d) 
Buildings and structures;
(e) 
Recreational areas;
(f) 
Billboards;
(g) 
Product display area lighting; and
(h) 
Building overhangs and open canopies.
(3) 
Building-mounted lighting. Lighting may be used only to highlight specific architectural features or primary customer or building entrances. General floodlighting of building facades is not permitted.
(4) 
Parking area lighting.
(a) 
Parking areas shall include the minimum lighting necessary to ensure adequate vision and comfort, and to not cause glare or direct illumination onto adjacent properties or streets or public/private rights-of-way.
(b) 
No lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed adjacent to a residential district. All such lighting shall be approved by the Planning Board.
(c) 
Lighting shall not exceed 16 feet high as measured to the top of the fixture from grade.
(d) 
See § 208-16C for additional provisions.
(5) 
Pedestrian area lighting.
(a) 
Lighting fixtures for pedestrian walkways, outdoor plazas and similar public gathering places shall be decorative and compatible with the architectural and landscape character in the development.
(b) 
Lighting fixtures should be color-correct types such as halogen or metal halide to ensure true color at night and ensure visual comfort for pedestrians.
(c) 
Lighting shall be either low-level fixtures and/or a combination of bollards and uplighting in order to create a human-scale environment.
[1] 
Pedestrian area lighting shall be between 12 feet and 14 feet high as measured to the top of the fixture from grade.
[2] 
Bollard-type lighting shall be no more than four feet high.
[Added 3-28-1990 by L.L. No. 2-1990]
The following regulations shall apply to gasoline service stations within the Town of Perinton:
A. 
Where located. Gasoline service stations may be located in the Commercial District.
B. 
Special permit. Permission to construct a gasoline service station may be secured only by application to Town Board for a special permit under § 208-54 of this chapter.
[Amended 10-26-1994 by L.L. No. 7-1994]
C. 
All gasoline or motor vehicle service stations shall sell or dispense gasoline to the public in compliance with all applicable health and safety regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code (§ 1164.3 and others) and the Code of the Town of Perinton.
D. 
All vehicles at gasoline or motor vehicle service station facilities shall be stored within a building when the facilities are not open for business; however, licensed vehicles at motor vehicle service stations for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereto be outside of a building. At no time shall any vehicles for sale be displayed outside of a building.
E. 
There shall be no outside storage or display of accessories or portable signs when gasoline or motor vehicle service station facilities are not open for business.
F. 
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station facility building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
G. 
No repair work may be performed out-of-doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers, incidental changing of tires or other similar simple repairs normally performed in conjunction with the sale of gasoline.
H. 
Snow must be piled on a gasoline or motor vehicle service station facility site so that it does not interfere with the internal circulation and parking or driver vision when entering or leaving the facility.
I. 
During the hours that a gasoline or motor vehicle service station facility is open, all cars of employees, customers and tow trucks must be parked only in areas designated on the site plan for such vehicles.
J. 
All landscape areas designated on the gasoline or motor vehicle service station facility site plan and/or landscaping plan must be maintained in a neat and healthy condition.
K. 
There is to be no more than one tank truck on the premises at any one time. While making any deliveries to underground tanks, the driver shall remain at the point of delivery to prevent spillage and overflow. In case of any overflow or spill, fire authorities and the Town Fire Marshal are to be notified immediately.
L. 
The premises are to be maintained in a neat and clean condition without the accumulation of used materials, automobile parts, dismantled cars or cars left by their owners over 30 days. Used rags are to be kept in covered metal containers. Grease and other filters and/or traps shall be approved as required by the Monroe County Health Department and Department of Public Works for the purpose of protection of the public sewer system and public bodies of water.
M. 
Gasoline, diesel fuel and all Class I and Class II flammable liquids shall be stored in approved underground storage tanks.
(1) 
All accidental spillage or leakage of a flammable liquid in quantities of two gallons or greater, whether or not it may enter sewers, shall be immediately reported to the Fire Department and Town Fire Marshal.
(2) 
Five fifty-pound bags of stay-dry absorbent, or equivalent, must be kept on the premises at all times for flammable liquid spills and should be used for this purpose. Spills shall not be flushed with water.
(3) 
The telephone number of the owner, lessee or station operator shall be posted on the door in a conspicuous location so that proper notification can be made in the event of an emergency.
N. 
A nearby exterior door of the service area or wash rack shall be open when a car motor is running, unless the exhaust gases of the car are carried directly to the outside by means of a vent system or flexible tube designed for this purpose.
O. 
No service appliance shall be installed within 50 feet of any street or lot line.
P. 
Entrances and exits shall be aligned with public streets for maximum safety and for future development access such that the intersections shall be aligned with the center lines of existing public rights-of-way or shall be more than 100 feet from a street intersection.
Q. 
Only limited use gasoline stations which have just gasoline pumps and a building for shelter of personnel may be constructed as an integral part of a shopping center or development area. These shall not have direct access to or from public highways, nor shall there be garage, lubrication facilities, sale or lease of parts, accessories, vehicles or trailers associated with them.
R. 
Minimarts may be developed in association with gasoline service stations, provided that:
(1) 
There are separate parking areas provided for non-gas-buying consumers, out of the service lanes of the gas-buying consumers.
(2) 
There are no outside or drive-through sales of products other than gasoline.
[Amended 10-26-1994 by L.L. No. 6-1994]
(3) 
The minimart portion of the facility shall comply with design standards established during site plan review and treated similarly to that of any other retail use.
[Amended 3-28-1990 by L.L. No. 2-1990; 10-26-1994 by L.L. No. 7-1994; 4-24-2019 by L.L. No. 2-2019]
The following regulations shall apply to hotels and motels within the Town of Perinton:
A. 
Where located. Hotels and motels may be located in the following three districts:
(1) 
Restricted Business.
(2) 
Industrial.
(3) 
Commercial.
B. 
Special permit. Permission to construct a hotel or motel may be secured only by application to the Town Board for a special permit under § 208-54 of this chapter.
C. 
Size of parcel. The lot must contain at least four acres of land and have a minimum frontage of 250 feet on a state highway or arterial highway. These restrictions shall not apply to motels existing in the Town of Perinton as of April 1, 1971, on lots that do not meet these minimum standards.
D. 
Front setback. The minimum front setback shall be 100 feet, which shall include an area 25 feet in depth, which shall be devoted only to suitable landscaping.
E. 
Side and rear setbacks. The side and rear setbacks from all property lines shall be 40 feet, which shall include an area 25 feet in depth to be devoted only to suitable landscaping.