Town of Henrietta, NY Article IXA Mixed-Use Overlay Districts

[Added 2-27-2019 by L.L. No. 3-2019]

§ 295-34.1 Purpose, intent and locations.

A. Purpose and intent. The following provides a summary of the intended purpose of each of the three mixed-use overlay districts.

(1) Mixed-Use Redevelopment Area Overlay District ("MURA").

(a) The intent of the Mixed-Use Redevelopment Area Overlay District is to provide opportunities for the redevelopment of existing vacant, underutilized and single-use properties in areas of potential transition from single-use commercial and industrial properties into more vibrant mixed-use neighborhoods. This overlay district is intended to encourage medium- to large-scale mixed-use and multi-use redevelopment at higher densities of residential, office, retail and entertainment uses than would otherwise be allowed by the underlying zoning district(s). These neighborhoods are envisioned as active areas in a pedestrian-oriented, walkable environment. These areas are typically served by public transit, which affords residents, business patrons, and visitors the ability to reduce reliance on personal vehicles.

(b) The Mixed-Use Redevelopment Area allows for the integration of residential and nonresidential uses with a compatible mix of businesses and multiple-dwelling housing opportunities of various styles and densities. Development opportunities shall provide for compatible and complementary retail, office, employment and entertainment uses with residential uses using greater design flexibility than allowed by the underlying zoning districts. The consolidation of small vacant and underutilized parcels into viable mixed-use development is encouraged.

(2) Mixed-Use Redevelopment Corridor Overlay District ("MURC"). The Mixed-Use Redevelopment Corridor Overlay District is intended to provide opportunities for property owners to reinvest, redevelop and upgrade their businesses and properties along well-established, high-volume transportation corridors in a manner that is not allowed by the underlying zoning districts. This overlay district is intended to encourage a desirable mix of compatible, small-to-medium neighborhood-scale land uses along highly traveled transportation corridors where the variety of services and the appearance of properties contribute to the character of adjacent residential neighborhoods. This overlay district is intended to encourage reinvestment in neighborhood businesses and properties by providing for a more pedestrian-friendly atmosphere, including sidewalks, enhanced streetscapes within the public right-of-way, and extensive use of well-designed landscaping of commercial properties.

(3) Mixed-Use Employment Center Overlay District ("MUEC"). The Mixed-Use Employment Center Overlay District is intended to provide a desirable mix of compatible uses that offers a variety of low-impact, office/light industrial/high-technology employment opportunities with nearby housing options for people who want to live near their workplace and necessary services. This overlay district encourages the development and expansion of office and high-technology-based businesses, many related to research and development of products and services often associated with institutions of higher education, such as nearby Rochester Institute of Technology (RIT). Commercial services and multiple-dwelling housing are intended to support these uses in a well-planned and attractively developed suburban setting where open space and environmentally sensitive resources are preserved as site amenities. Residences are intended to be within reasonable walking distances to local businesses, employment, recreational and civic uses. This mix of uses may be developed over time as Master-Planned mixed-use developments.

B. Overlay locations and boundaries.

(1) Mixed-use overlay districts are superimposed over the existing underlying zoning districts and do not replace the underlying zoning districts. Instead, both the overlay districts and the underlying zoning districts exist and apply simultaneously to the lands over which they are zoned. A parcel within a mixed-use overlay district may be developed either as a mixed use in accordance with this article, or otherwise in accordance with the underlying zoning district regulations, but not both.

(2) The locations and boundaries of the mixed-use overlay districts shall be as depicted on the Official Zoning Map of the Town of Henrietta,[1] and are described as follows:

(a) Mixed-Use Redevelopment Area. This is an area centered around the intersection of Jefferson Road (NYS Route 252) and West Henrietta Road (NYS Route 15), encompassing older, highly developed commercial and industrial areas extending north to the Town boundary with Brighton, west to John Street, south along West Henrietta Road to Bailey Road, and eastward for approximately 0.5 mile. This area includes many medium-to-large-size business parcels, including shopping plazas and other retail establishments.

(b) Mixed-Use Redevelopment Corridor: the East Henrietta Road (NYS Route 15A) corridor, which includes those properties immediately adjacent to the roadway that are currently zoned commercial (B-1 and B-2). This corridor is an older developed area extending from I-390 (Genesee Expressway) southward to approximately 700 feet south of Lehigh Station Road for a total distance of approximately 1.9 miles. This corridor contains numerous small-to-medium-size commercial parcels with a variety of service-oriented and professional businesses, and small-to-medium-size older underutilized or vacant commercial strip-style shopping plazas and other retail establishments.

(c) Mixed-Use Employment Center. This is an area south of the RIT campus and along East River Road extending from Bailey Road to south of Lehigh Station Road. The area is experiencing substantial new development of multiple-dwelling facilities primarily along East River Road on lands zoned for industrial and single-family residential use. This area includes major employers associated with RIT, as well as the RIT Business and Technology Park, Paychex, and University Park of Rochester. Undeveloped parcels in this area are generally large and most are existing or former agricultural lands. Considerable development interest in these parcels continues. Some of these remaining undeveloped properties contain substantial wetlands, floodplains, and woodlands, many of which should be considered valuable open space resources.

[1] Editor's Note: The Official Zoning Map of the Town of Henrietta is on file in the office of the Director of Engineering and Planning. The map can also be found in the misc. documents folder under Public Documents in eCode360®.

(3) Where definite boundaries and/or distances are not expressly indicated, the following shall define the same:

(a) Boundaries shown as approximately following the rights-of-way or center lines of roadways and highways shall be construed to precisely follow such rights-of-way or center lines;

(b) Boundaries shown as approximately following platted lot lines shall be construed as precisely following such lot lines;

(c) Boundaries shown as approximately following Town limits shall be construed as precisely following Town limits;

(d) Boundaries shown as following railroad lines shall be construed to be midway between the main tracks or railroad right-of-way;

(e) Boundaries shown as following the center lines of rivers or other surface water features shall be construed as following the center lines of such natural features;

(f) Where existing natural or cultural features, such as a stream or road, are different from those shown on the Official Zoning Map, or otherwise in disagreement, the Director of Engineering and Planning shall interpret the overlay district boundaries. The decision of the Director of Engineering and Planning may be appealed to the Zoning Board of Appeals.

(4) Where a petition is made by an applicant to rezone additional lands "mixed-use," such additional lands must abut an existing mixed-use district of the same type.

§ 295-34.2 Applicability and general requirements.

A. Pre-application meeting. All mixed-use proposals require a pre-application meeting with the Town prior to their formal consideration before any board of the Town.

B. Application. Applications for proposed mixed-use development and redevelopment within the mixed-use overlay districts shall be submitted to the Director of Engineering and Planning for distribution for review by the appropriate boards.

C. Special use permit required. No mixed use shall be constructed or altered until a special use permit has been granted by the Town Board for such mixed use after a public hearing in accordance with the procedures set forth in this article and in Article XII of this chapter. The special use permit shall be approved based upon a concept plan. The mixed use shall be developed in accord with, and shall not be developed in a manner materially inconsistent with, the concept plan submitted with the special use permit application. Should the mixed use be proposed to be developed in a manner inconsistent with the concept plan, it shall be required to first obtain an amendment to or new approval of its special use permit. Moreover, where a component use is indicated as requiring a special use permit, it, too, shall require a special use permit distinct from the mixed-use special use permit.

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

D. Site plan review required. All mixed uses shall be required to obtain site plan approval by the Planning Board pursuant to the provisions at § 295-60 of this chapter and any additional applicable provisions herein, except that site plan review shall not be required for alterations or redevelopment that do not require a building permit or do not result in a change in use (but shall nonetheless be required where there is a change in the component use category of a use or where a building permit is required for such alterations or redevelopment). No site plan approval shall be issued until a special use permit for the mixed use is approved. The site plan shall be consistent with the special use permit, including with the concept plan submitted as part of the special use permit. If the site plan proposed is inconsistent with the special use permit, including the concept plan, the Planning Board shall require the applicant to amend or apply anew for a mixed-use special use permit.

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

E. Underlying district applicability. Mixed-use overlay districts are superimposed over the existing underlying zoning districts and do not replace the underlying zoning districts. Instead, both the overlay districts and the underlying zoning districts exist and apply simultaneously to the lands over which they are zoned. A parcel within a mixed-use overlay district may be developed either as a mixed use in accordance with this article, or otherwise in accordance with the underlying zoning district regulations, but not both.

F. Alterations to mixed uses. In addition to new construction, the standards herein shall also apply to existing mixed uses upon either construction of a new building a part of an existing mixed use or upon alteration or redevelopment of an existing mixed use requiring a building permit or resulting in changes in the component use category of a use.

G. Conversions. Conversions of existing buildings, such as former hotels, motels, industrial buildings, schools and retail establishments, into mixed-use buildings shall require full review under this chapter. Development plans for such conversions shall require certification by a licensed professional engineer that such buildings and utilities are structurally sound and of sufficient size and capacity, and safety and security will not be impaired by conversion. Any such conversions shall require both site plan and special use permit review pursuant to this article.

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

H. Multiple-dwelling requirements. Where a component of a mixed use includes multiple dwellings, such multiple-dwelling use shall be additionally subject to the multiple-dwelling requirements a part of this article, but not subject to the Article V requirements relating to multiple dwellings. Where a multiple dwelling is sought outside of a mixed-use project (in an underlying zoning district), it shall be subject to the Article V requirements but not the multiple-dwelling requirements in this article.

I. Mixed-use project and site design guidelines further articulate the intended design for specific areas of the Town contained within the boundaries of the mixed-use overlay districts. Such guidelines shall be assessed and applied by the Planning Board during its site plan review, and also by the Town Board during its special use permit review where relevant, and shall be complied with to the maximum extent feasible.

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

J. Conflicts. This article applies to mixed uses proposed in a mixed-use overlay district. If a proposal is for a non-mixed use in an underlying district, even if a mixed-use overlay is present, the underlying district regulations shall apply. If a conflict still exists between this article and any other article or section of the Henrietta Town Code or this chapter, the requirements which are more restrictive on development shall take precedence and be applied.

K. Multiple parcels. Where multiple parcels are proposed as part of a single mixed-use proposal, it is preferred that they be combined into a single parcel. Otherwise, multiple parcels a part of a single mixed use shall be treated as a single parcel (referred to as a "composite mixed-use parcel") for purposes of zoning, and together shall be required to obtain a single special use permit for the proposed mixed use, which shall bind all parcels as part of such single mixed use. Even though it comprises distinct parcels, said composite mixed-use parcel shall be treated as a single parcel for purposes of zoning and specifically for purposes of comprising a mixed use. As such, setbacks and buffers to the internal lot lines of the subparcels a part of the composite mixed-use parcel shall not apply. Cross easements and other such agreements may be required in the case of a composite mixed-use parcel.

L. Subdivision of a mixed use. A mixed use (whether fully or partially constructed) may only be subdivided where the resulting subdivided parcels are Code-compliant and would comprise either i) permissible and Code-compliant uses pursuant to the underlying zoning district and/or ii) permissible and Code-compliant mixed uses per this article, and/or iii) in the case of a composite mixed-use parcel, the resulting parcels would together comprise a Code-compliant mixed use.

M. Phasing. The development and construction of a mixed use may be phased, but only pursuant to a phasing plan approved as part of the special use permit process. The phasing plan shall detail the proposed timing and dates of construction of utilities, buildings, each component use and infrastructure, and shall also detail site work, stripping, seeding, etc., and protect against removing vegetation and/or leaving land bare for lands that will not be immediately developed. Failure to complete construction consistent with the phasing plan shall be a violation of this chapter, subject to fines and enforcement, unless the owner/applicant can provide to the Town Board justification for any delay. Upon such justification, the Town Board may approve an extension.

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

N. Security. Pursuant to the Town Code at Chapter 245, Subdivision of Land, § 245-3F, a letter of credit or other security acceptable to the Town Engineer shall be provided to secure the construction of all facilities to be dedicated to the Town, including but not limited to sewer, water and roads.

O. Composite mixed-use parcels. Any material alterations, changes or development to a subparcel a part of a composite mixed-use parcel shall require the consent of all other parcels a part of the composite mixed-use parcel, particularly if it changes the nature of the mixed use or if it changes the percentages of mixed-use components. Subparcels a part of a composite mixed-use parcel may only be altered, changed or developed in a manner such that:

(1) The composite mixed-use parcel continues to comprise a Code-compliant mixed use; or

(2) If a change would render the composite mixed-use parcel no longer a mixed use, all of the subparcels a part of the composite mixed-use parcel stand on their own as either:

(a) Code-compliant uses pursuant to the underlying zoning district; or

(b) Code-compliant mixed uses; or

(c) A combination of Subsection O(2)(a) and (b).

§ 295-34.3 Permitted uses for mixed-use overlay districts.

Appendix A: Mixed-Use Overlay Component Use Table

Please click the link to view the Mixed-Use Overlay Component Use Table: Appendix A.pdf

2023-06-22

A. Permitted uses. Mixed uses shall be permitted in mixed-use overlay districts so long as they comprise at least three different component uses from at least three different component use categories.

B. Component uses. Mixed uses shall be comprised of those component uses identified in the Mixed-Use Overlay Component Use Table set forth herein at Appendix A.[1] Only those component uses indicated therein as "Allowed" shall be allowed as part of a mixed use, except those uses indicated as “S” or “S+” indicating they are "Allowed with Distinct Special Use Permit" or “Allowed with Distinct Special Use Permit as Incentive for Revitalization,” respectively, shall also be allowed as part of a mixed use, but only with an additional special use permit.

[Amended 4-12-2022 by L.L. No. 8-2022; 8-21-2024 by L.L. No. 5-2024]

[1] Editor's Note: Said table is included as an attachment to this chapter.

C. Special use permits for component uses. Component uses identified as “S” or “S+” indicating they are "Allowed with Distinct Special Use Permit" or “Allowed with Distinct Special Use Permit as Incentive for Revitalization,” respectively, on the Mixed-Use Overlay Component Use Table shall also be allowed as part of a mixed use, but only where an additional special use permit, distinct from the mixed-use special use permit, is issued by the Town Board.

[Amended 4-12-2022 by L.L. No. 8-2022; 8-21-2024 by L.L. No. 5-2024]

(1) No component use special use permit shall be issued unless the proposed component use proposal is sufficiently conceptualized such that the Town Board has adequate information to make a special use permit determination thereon. Indicia of sufficient conceptualization shall include detailed building plans, architectural renderings, parking requirements and details, etc.

(2) A mixed-use special use permit may nonetheless be issued for a proposal which includes a component use that is not sufficiently conceptualized so long as a phasing plan is approved. In this case, the mixed use may be developed per the phasing plan, but the subject component use which requires but has not yet received a special use permit may not be constructed until a special use permit thereon is issued.

(3) For those uses identified as “S+”, indicating they are “Allowed with Distinct Special Use Permit as Incentive for Revitalization,” the approval for such use must be part of an incentive zoning package for revitalization and can be approved under the same special use permit as the incentive zoning package or as an additional distinct special use permit, at the discretion of the Town Board.

D. Component use requirements. A mixed use shall only be permitted so long as it includes as its component uses at least: 1) a residential use, 2) a commercial or industrial use, and 3) a civic use, and only so long as the second- and third-largest component use categories each comprise at least 5% of the mixed use at minimum.

E. Additional permitted uses meeting intent. Uses not identified on the Mixed-Use Overlay Component Use Table but which meet the purpose and intent of this article may be allowed as a component use, but only subject to a finding by the Town Board as part of the special use permit process that 1) such proposed use meets the purpose and intent of this article, 2) such use would be compatible with the mixed-use proposed, and 3) such use is not prohibited by the Mixed-Use Overlay Component Use Table.

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

F. Prohibited uses. Unless otherwise noted elsewhere in the Town Code, uses listed as prohibited on the Mixed-Use Overlay Component Use Table are prohibited as component uses of a mixed use.

§ 295-34.4 Mixed-use overlay district area and dimensional requirements.

The following area and dimensional requirements, and not those a part of the underlying district, shall apply to mixed uses in mixed-use overlay districts.

A. Setbacks.

(1) Internal setbacks. Setbacks between buildings and structures a part of the same mixed use shall have no minimum setbacks. However, the Planning Board, during its site plan review process, may require such internal setbacks as part of its site plan review, including for purposes of ingress/egress, traffic, safety and otherwise.

(2) Minimum front, side and rear setbacks. Front, side and rear setbacks to lot lines (or the right-of-way, when measuring to a public roadway) for mixed-use buildings and structures shall be as follows:

(a) For the Mixed-Use Redevelopment Area Overlay District ("MURA"), front setbacks shall be 80 feet, and side and rear setbacks shall be those required by the underlying zoning district.

(b) For the Mixed-Use Redevelopment Corridor Overlay District ("MURC"), front setbacks shall be 20 feet, and side and rear setbacks shall be those required by the underlying zoning district.

(c) For the Mixed-Use Employment Center Overlay District ("MUEC"), front setbacks shall be 80 feet, and side and rear setbacks shall be those required by the underlying zoning district.

(3) Reduced setback determination. Either the Town Board, during its special use permit review, or the Planning Board, during its site plan review, may make a finding that certain or all setbacks shall be required to be less than set forth herein. Such finding shall be based upon the consideration of compatibility of adjacent buildings and structures, current setbacks of existing buildings in the area, availability of ingress and egress, including vehicle and pedestrian access, visual access, lighting, drainage and utilities, public safety, whether reduced setbacks would fulfill the intent and purpose of this article, and any other factors the Board finds relevant.

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

(4) Reduced setback relief. Either the Town Board, during its special use permit review, or the Planning Board, during its site plan review, may permit a lesser setback upon request of the applicant. Permission shall be based upon consideration of compatibility of adjacent buildings and structures, current setbacks of existing buildings in the area, availability of ingress and egress, including vehicle and pedestrian access, visual access, lighting, drainage and utilities, public safety, whether reduced setbacks would fulfill the intent and purpose of this article, and any other factors the Board finds relevant.

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

(5) Parking setbacks. Setbacks for parking shall be determined by the Planning Board during site plan review based upon current setbacks in the area, ingress and egress, including vehicle and pedestrian access, visual access, lighting, drainage and utilities, public safety, and whether the setbacks would be consistent with the intent and purpose of this article.

B. Minimum project area.

(1) There is a one-acre minimum for projects within the Mixed-Use Redevelopment Area Overlay and the Mixed-Use Employment Center Overlay Districts.

(2) There is no minimum acreage requirement for the Mixed-Use Redevelopment Corridor Overlay District.

(3) Parcels across public roadways may be combined in order to meet the one-acre minimum requirement.

(4) Pre-existing parcels smaller than one acre and which cannot be consolidated with other parcels to satisfy the minimum requirement because adjacent property is not zoned within the subject mixed-use overlay may apply to the Zoning Board of Appeals for a variance from the one-acre minimum requirement.

C. Mixed-use component use category percentages.

(1) Percentages. Component use categories of a mixed use must comply with the following minimum and maximum percentages. Such percentages shall be measured by total acreage a part of a mixed use.

(2) Calculation of percentages. All areas of a mixed use shall be designated as a particular component use. Where an area is shared by multiple uses (i.e., a building with commercial space on first floor and residential on second), the associated acreage shall be apportioned to such uses based upon their proportional share of square footage of building space assigned to each use, and/or the proportion of the acreage assigned to parking or other outdoor areas for each use.

(3) Civic space composition. Civic spaces are to be designed as usable spaces that are physically connected to and integrated as a part of a development. Areas constrained from development and set aside as undeveloped wetlands, floodplains, steep slopes, etc., do not constitute civic space.

Mixed-Use Redevelopment Area Component Percentages
Allowed Uses	Industrial	Commercial	Residential	Civic Space
Minimum	0%	30%	30%	5%
Maximum	35%	65%	65%	20%

Mixed-Use Redevelopment Corridor Component Percentages
Allowed Uses	Industrial	Commercial	Residential	Civic Space
Minimum	0%	30%	30%	5%
Maximum	35%	65%	65%	20%

Mixed-Use Employment Center Component Percentages
Allowed Uses	Industrial	Commercial	Residential	Civic Space
Minimum	30%	0%	20%	10%
Maximum	70%	20%	50%	30%

(4) Adjustments to percentages. As part of its special use permit process, and upon review and an advisory opinion by the Planning Board, the Town Board shall have the ability to increase or decrease the minimum and maximum percentage requirements stated in this section. In making such a consideration, the Town Board shall 1) consider the extent to which any such adjustments will comply with the intent and purpose of this article and 2) consider the impact of such adjustments via the special use permit factors set forth at Chapter 295, Article XII, Special Use Permits. However, in no event shall either of the second- and third-largest component use categories each comprise less than 5% of the mixed use.

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

D. Additional dimensional requirements for mixed-use projects.

(1) Maximum building area, building height and maximum density for multiple dwellings is provided in the following table:

Additional Mixed-Use Dimensional Requirements	Mixed-Use Redevelopment Area	Mixed-Use Redevelopment Corridor	Mixed-Use Employment Center
Building Height for All Buildings	50 feet	30 feet	40 feet
Maximum Building Area	45% of parcel	50% of parcel	35% of parcel
Maximum Multiple-Dwelling Residential Density (dwelling units/acre)1	18 DUs/acre	14 DUs/acre	8 DUs/acre

NOTES:

1. Density shall be calculated based on dwelling units per usable acreage that is not constrained from development by cultural or natural features such as wetlands, steep slopes greater than 15%, and floodplains.

(2) Adjustments to requirements on above table. As part of its special use permit process, and upon review and an advisory opinion by the Planning Board, the Town Board shall have the ability to increase or decrease the minimums and maximums stated in the above "Additional Mixed-Use Dimensional Requirements" table. In making such a consideration, the Town Board shall 1) consider the extent to which any such adjustments will comply with the intent and purpose of this article and 2) consider the impact of such adjustments via the special use permit factors set forth at Chapter 295, Article XII, Special Use Permits, and, if involving maximum density, 3) require a showing that public infrastructure and community services can handle the increased density.

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

§ 295-34.5 Additional site plan requirements for mixed uses.

The following additional requirements shall apply to mixed uses and shall be reviewed by the Planning Board during its site plan review process. Unless otherwise set forth herein, the Planning Board may waive or adjust any of the below requirements, but only upon a finding that such waiver or adjustment is 1) compatible with its site plan considerations, and 2) complies with the purpose and intent of this article.

A. Mixed-use site design and circulation standards:

(1) Environmentally sensitive features, such as, but not limited to, wetlands, floodplains, steep slopes (greater than 15%), unique topographic or geological landscapes, or important wildlife habitats, shall be preserved to the greatest extent practicable. These features shall be incorporated into site design as green infrastructure, greenway corridors, pedestrian trail networks, or other environmental conservation systems.

(2) Street pattern/pedestrian networks. Site design shall include an integrated street pattern with pedestrian networks consisting of enhanced streetscapes, including interconnected sidewalks, crosswalks, street trees, pedestrian lighting, and connections to trails and pathways, buildings, parking areas, and civic spaces, all in accord with the mixed-use site design guidelines.

(3) Sidewalks. Public sidewalks shall be established and maintained along all public roads fronting mixed uses and shall provide a direct connection to the mixed use. Sidewalks shall be constructed as approved by the Planning Board upon the advice of the Director of Engineering. Crosswalks may include changes in surface texture, color or materials.

(4) Pedestrian connections. Pedestrian connections shall be provided between buildings on the same lot and between buildings on adjacent lots to ensure a continuous pedestrian pathway system throughout each overlay district.

(5) Entry drives (curb cuts) shall be kept to a minimum in mixed-use developments and shall be sufficient to provide for efficient flow of traffic and emergency access while preserving traffic operations on primary public roadways. Access to multiple properties shall consider the use of shared driveways or service or loop roads.

(6) Snow removal. Mixed uses shall be designed to accommodate snow removal and storage.

B. Additional mixed-use site planning standards.

(1) Mixed-use project and site design guidelines further articulate the intended design for specific areas of the Town contained within the boundaries of the mixed-use overlay districts. Such guidelines shall be assessed and applied by the Planning Board during its site plan review, and also by the Town Board during its special use permit review, where relevant, and shall be complied with to the maximum extent feasible.

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

(2) Landscaping shall be detailed in a landscaping plan and shall be installed and maintained along and adjacent to all buildings, and along pedestrian walkways, parking areas, and service and access roads. Landscape plantings shall be a mix of native canopy and ornamental trees and shrubs consisting of deciduous species and native evergreens planted to provide year-round effect.

(3) Transitional buffers. Buffers shall be in accordance with minimum transitional buffer requirements set forth in this chapter.

(4) Stormwater management shall utilize green infrastructure practices consistent with the New York State Stormwater Management Design Manual. Reductions in impervious surfaces shall be reviewed, considered and implemented to the maximum extent feasible for all redevelopment sites currently occupied by large structures and paved parking areas.

(5) Ponds. Retention and detention ponds shall be designed in such a way as they also act as a visual amenity that is integrated into the overall appearance and design of the site. These areas may include fountains to maintain water quality and prevent the stagnation of water.

C. Off-street parking requirements.

(1) Parking shall be provided per Town Code requirements, including Chapter 273, Article III, and § 295-44, except as otherwise set forth herein. Any conflicts between parking requirements outside of this article and those parking requirements a part of this article shall be resolved in favor of those requirements in this article for mixed uses.

(2) Land banking of future parking areas is allowed and encouraged, provided that a showing is made that full parking is not required at the time of development and areas set aside for future use remain as open space with permeable surface conditions until such parking need arises.

(3) As part of its site plan application, the applicant may request reductions to minimum parking requirements or alternative methods for meeting the amount of required parking, but must make an objective showing based upon a parking study that lesser parking fully satisfies parking needs. Available parking strategies include, but are not limited to, the following:

(a) Shared on-site parking.

[1] Noncompeting component uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Parking may be reduced if the applicant can demonstrate that the peak demands for two or more uses do not overlap.

[2] Competing component uses. In mixed-use developments, applicants may propose for approval a reduction in parking requirements where peak demands do overlap. Parking requirements may be reduced if the applicant can demonstrate a reason that less parking is required even though peak demands for two or more uses do overlap.

(b) Off-site parking. Separate from, or in conjunction with shared on-site parking provisions, an applicant may use off-site parking to satisfy their parking requirements in accordance with the following:

[1] Off-site parking shall be within 500 feet of the property for which it is being requested.

[2] Off-site parking spaces provided by a separate property owner or on a separate property shall require a legally binding agreement that will be presented to the Town as a condition of the site plan approval.

(c) Parking for multiple dwellings. In regard to parking for a mixed use including multiple dwellings, the applicant shall provide information showing adequate pedestrian and transit access and estimated use of the same, including any additional private shuttle bus or private transit service provided on site, to support a showing that lesser parking is required.

D. Mixed-use building design. Architectural drawings and/or visual renderings shall be provided to show compliance with the below requirements:

(1) Where existing buildings and structures of historic architectural value are to remain in use, the architectural integrity of these buildings and structures and the features that contribute to their importance shall not be adversely altered through inappropriate use or placement of signage, building materials, windows and doors, or other architectural features.

(2) All mixed-use buildings shall have their principal front facade and main entryway facing a primary public street.

(3) Long featureless or blank walls adjacent to public streets, alleys or open spaces that exceed 50 feet in length shall not be permitted. Where windows are not possible or appropriate to the intended use, vertical articulation in the form of projecting or recessed facade surfaces, or other architectural details, shall be used to break up blank walls.

(4) New commercial retail buildings shall have features along the front facade at intervals sufficient to provide a sense of visual continuity to pedestrians along public sidewalks through use of awnings, canopies, marquees, arcades, colonnades or similar elements.

(5) Residential uses in multi-use buildings shall be restricted to the upper second and third (or higher) floors. This restriction may be waived in certain instances, for example, in live-work buildings where residential uses may be located on the first floor if a separate entranceway to the dwelling is provided.

(6) Building entrances shall include separate doorways to individual shops, businesses, residences and storefronts.

(7) All commercial floor space on the ground floor shall have a minimum floor-to-ceiling (as measured from the floor to the bottom of the structural elements of the ceiling) height of no less than 11 feet to accommodate retail uses and displays and provide flexibility of vertical space for future uses.

§ 295-34.6 Additional development standards for residential uses within mixed-use overlay districts.

In addition to the other applicable requirements set forth herein, the following shall additionally apply to residential components' use of a mixed use.

A. The requirements of § 295-13, Multiple dwellings, shall not apply to multiple dwellings a part of a mixed use.

B. Multiple-dwelling housing may be in the form of townhouses, row houses, apartments, brownstone apartments, or similar configuration of attached units.

C. Commercial and residential uses may occupy the same building, provided that:

(1) Except for legal home occupations, and except as otherwise stated herein, a commercial use may not be on the same floor as a residential use.

(2) No floor located directly above a floor used for residential may be used in whole or in part for commercial.

(3) Where there are nonresidential and residential uses in a common building, the residential uses shall be provided with separate, private entrances.

(4) Nonresidential uses shall not be permitted as part of a building containing multiple dwellings if they would create excessive odor, noise or other nuisances that would not be consistent with residential uses in the building.

D. Mixed uses containing residential uses shall contain sufficient open and recreational space to adequately serve the people residing therein.

§ 295-34.7 Application procedures.

A. Pre-application meeting. To facilitate review of a proposed mixed-use project and requirements for a special use permit at the pre-application stage, applicants must attend a pre-application meeting to assess feasibility. They shall submit the information below and are encouraged to use readily available GIS information or other mapping resources, such as USGS quadrangles and aerial photography where available. Information need not be developed at this preliminary stage by a qualified design professional. At a minimum, an applicant shall submit the following:

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

(1) Site context map. This map shall illustrate the parcel in connection to its surrounding neighborhood and adjacent properties. Based upon existing data sources and field inspections, the map or accompanying drawings and photos shall show various kinds of major natural resources or developed features that cross parcel lines or that are located on adjoining lands.

(2) Existing conditions/site analysis map. Based upon existing data sources and field inspections, this map shall locate and describe noteworthy site conditions, including existing buildings, roadways, utilities, parking areas, and cultural and natural features, such as historic sites, streams or wooded areas.

(3) Any maps, plans, narratives, etc., detailing the mixed-use proposal.

B. Application requirements.

(1) Where the area proposed for the mixed use comprises more than one site or otherwise has multiple owners, the application shall be authorized by all owners.

(2) Applicants for a special use permit within a mixed-use overlay district shall provide, at a minimum, the information below:

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

(a) A completed special use permit application form.

(b) A letter of intent, describing the proposal, including describing how it meets the intent and purpose of this article and how it satisfies the special use permit factors.

(c) An existing conditions plan, including:

[1] The name and address of the owner or owners of record, the applicant, and the design engineer, landscape architect and/or land surveyor that prepared the plan;

[2] The names, approximate location, and widths of adjacent streets;

[3] The underlying zoning district(s) and applicable mixed-use overlay;

[4] Existing topography at two-foot contour intervals;

[5] All on-site local, state, and federal regulatory resource boundaries and buffer zones, clearly identified, including all mapped wetland locations, if available;

[6] The location and results of any test pit investigations for soil profiles, percolation rates, and determination of seasonal high groundwater levels;

[7] A description of any environmental site assessment activities that have taken place on known contaminated sites and a summary of those activities and findings;

[8] Identification of buildings and structures to be restored, rehabilitated, or constructed;

[9] Identification of buildings and structures to be removed.

(d) Concept plan:

[1] A site plan application, including a draft/preliminary site plan detailing parking, proposed setbacks, and any of the below which may be detailed in map format. The preliminary site plan is subject to review, refinement and modifications by the Planning Board. However, should the proposed mixed use and/or final approved site plan materially conflict with the concept plan and/or preliminary site plan submitted with the special use permit application, the applicant shall be required to amend or reapply for a special use permit for the mixed use;

[2] Detailing the proposed uses, including the density per acre, scale or intensity of the proposed uses;

[3] Detailing the component uses, component use categories, percentages of the same, etc.;

[4] Detailing plans for civic space;

[5] Proposed internal and external traffic and circulation patterns for both vehicles and pedestrians, including sidewalks;

[6] Proposed parking, including provisions for shared parking between uses, if applicable;

[7] Proposed setbacks;

[8] Proposed location and, where applicable, sizing of utilities, including water supply, sewer, electrical and communications service, stormwater management (including green infrastructure), and solid waste containment and disposal;

[9] Proposed landscaping, exterior lighting and signage features;

[10] Detailing any requests for proposed waivers, adjustments or variances;

[11] Architectural elevations for proposed new buildings and structures; and

[12] Unless the transportation agency with jurisdiction determines otherwise, a traffic analysis showing the impact of the proposed development on the surrounding area shall be provided where more than 15,000 square feet of new development or redevelopment is proposed. The traffic analysis shall include existing and expected volumes at phased and full build-out, the expected directional distribution of vehicles to and from the site, and existing and expected levels of service at all affected intersections located within approximately 1/2 mile of the development site or as directed by the transportation agency;

[13] Where subdivision is proposed, a subdivision map and application.

(e) A completed consultant fee reimbursement form.

(f) A completed SEQR EAF Part 1 form.

(g) The applicant shall relay in narrative form consistencies or inconsistency issues with the Town of Henrietta Comprehensive Plan, the Agricultural Development and Farmland Protection Plan, and the Active Transportation Plan.

(h) The required submittals set forth herein shall be in addition to any other requirements of Town Code.