[Amended 4-15-2021 by L.L. No. 1-2021]
A. Permitted principal uses.
(1) One single-family home per lot.
B. Permitted accessory uses and structures.
(1) Garages for the private, noncommercial use of the residents of the
premises. Detached garages shall not exceed 15 feet in height, measured
to the peak from the highest adjacent grade, and shall not exceed
one story.
(2) Sheds, as defined in this chapter, customarily used for storage of
property maintenance equipment. Sheds shall not exceed 13.5 feet in
height, measured to the peak from the highest adjacent grade.
(3) Swimming pools for the private, noncommercial use of the residents
of the premises, in accordance with all applicable swimming pool regulations.
(5) Stands for sales of produce, flowers or other plants grown on the
premises.
(6) Greenhouses and gardens, subject to the following limitations for
gardens which are used or intended to be used principally for the
growing of fruits, vegetables, herbs, or grains and other staple crops:
(a)
In front yards, no part of such gardens shall be located farther
than 20 feet from the principal structure, nor shall any part of such
gardens be located closer than 10 feet to a lot line.
(b)
In side yards, no part of such gardens shall be located farther
than 10 feet from the principal structure, nor shall any part of such
gardens be located closer than five feet to a lot line.
(c)
In rear yards, no part of such gardens shall be located closer
than five feet to a lot line.
(d)
The limitations contained hereinabove shall not be construed
to prohibit fruits, vegetables, herbs, and grains or other staple
crops from being located closer than five feet to a side or rear lot
line, provided that such plants are physically supported by a fence,
trellis or other similar structure.
(7) Minor home occupations in accordance with the regulations established in §
211-26.
(8) Parking or storage for one commercial vehicle, provided that such
vehicle has a gross vehicle weight rating of not more than 13,500
pounds. Under no circumstances shall dump trucks, semitrailers, truck
cabs, trailers used for hauling machines and/or equipment, or other
similar vehicles be permitted.
(9) Storage of recreational vehicles which are owned by the residents
of the premises, provided that said vehicles are in a condition which
permits the safe and effective performance of the function for which
said vehicles are intended.
(11)
One in-law apartment, provided that:
(a)
The owner of the one-family dwelling in which an in-law apartment
is located shall sign a notarized affidavit or affirmation that states
that the resident occupant of such apartment is an in-law of the resident
family that occupies such dwelling.
(b)
The floor area of an in-law apartment shall not exceed 30% of
the gross floor area, exclusive of attached garages, of the one-family
dwelling in which such apartment is located or 600 square feet, whichever
is less.
(c)
No construction or remodeling of a one-family dwelling in order
to provide in-law apartment use shall be permitted without the issuance
of a building permit. An in-law apartment shall be permitted to have
an exterior door that is separate from the one-family dwelling in
which such apartment is located, provided that such one-family dwelling
and apartment are connected via an internal doorway. An in-law apartment
may be permitted to have a separate driveway or garage to accommodate
its occupant(s). Additional bays to an existing garage and expansion
of an existing driveway shall be permitted to accommodate an in-law
apartment use, subject to obtaining all applicable permits.
(d)
If an in-law apartment shall become vacant, the family occupying
the main part of the one-family dwelling shall have full use and occupancy
of such in-law apartment as if it were an integral part of such dwelling,
without further permitting by the Town.
(e)
Exterior appearance. The design of an in-law apartment and its
entry shall be such that, to the degree reasonably feasible, the exterior
appearance of the building will remain as a one-family dwelling. In
cases where alterations are proposed to be made to accommodate an
in-law apartment, the Town may require elevation drawings to be submitted
with an application for a building permit.
(f)
The occupancy or rental of an in-law apartment by persons other
than in-laws, as defined in this chapter, is expressly prohibited.
(g)
An in-law apartment shall comply with the standards of Title
19 NYCRR (Building Codes of New York State) for habitable space.
(12)
Other similar accessory structures and uses.
C. Special permit uses.
(1) The following uses may be permitted upon application to and with the approval of the Town Board pursuant to §
211-65A:
(a)
Churches or other places of worship.
(b)
Outdoor recreation facilities operated for nonprofit purposes.
(2) The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to §
211-65A:
D. Development regulations for principal structures.
(1) On any lot which adjoins, and which fronts the same side of the street
as, lots which contain buildings, the minimum front setback for principal
buildings on said lot shall be the greater of:
(a)
The setback established for the district in which said lot is
located; or
(b)
The neighborhood average.
(2) Setback, height and lot coverage regulations are contained in Table
I. Parking, fence and sign regulations are contained in Articles
V,
VI and
VII, respectively.
(3) In any approved subdivision, any section of said subdivision for
which a map, plat or deed has not been filed or recorded in the office
of the Monroe County Clerk prior to the effective date of this chapter
shall conform to the preliminary plat approved for said subdivision
by the Planning Board. Said subdivision section shall also comply
with all applicable zoning regulations in force and effect at the
time that said preliminary plat was approved.
E. Area, setback and height regulations for accessory structures, swimming
pools and tennis courts.
(1) All lots. Area, setback and height regulations are contained in Table
I.
(2) Waterfront lots.
(a)
Sheds are prohibited in waterfront yards on interior lots smaller
than 18,000 square feet and corner lots smaller than 22,500 square
feet.
(b)
Detached garages are prohibited within waterfront yards; however,
they may be permitted in rear or side yards.
(c)
Accessory structures and fences are not allowed within waterfront
buffers, except for erosion-control features, boat launches and boat
lifts, grade-level walks and patios, in accordance with all applicable
federal and state rules and regulations.
(3) Accessory structures are permitted in rear yards only. However, detached
garages may be permitted in side and rear yards only.
[Amended 4-15-2021 by L.L. No. 1-2021]
A. Professional Office District (BP).
(1) Permitted principal uses.
(a)
Offices of health care professions licensed by the State of
New York, including but not limited to those of veterinarians, physicians,
dentists or other health care professionals.
(b)
Offices, including but not limited to those of lawyers, architects,
engineers, accountants, real estate brokers, insurance agents, travel
agents or sales or manufacturer's representatives.
(c)
Data processing or computer service centers which do not include
retail sales.
(d)
Research or testing laboratories.
(e)
Group instruction facilities, provided that not more than 10
clients are present at said facilities at any one time.
(2) Permitted accessory uses.
(a)
Electric vehicle charging points in accordance with the provisions of §
211-38.
(3) Special permit uses.
(a)
The following uses may be permitted upon application to and with the approval of the Town Board pursuant to §
211-65A:
[1]
Group instruction facilities for more than 10 clients at any
one time.
(b)
The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to §
211-65A:
[1]
Churches or other places of worship.
[3]
Funeral homes, including floor space for residential occupancy
by a custodian or mortician.
(4) Development regulations. Area, setback, lot coverage and landscaping
regulations are contained in Table III. Parking, fence and sign regulations are contained in Articles
V,
VI and
VII, respectively.
B. Restricted Business District (BR).
(1) Permitted principal uses.
(a)
All permitted principal uses specified for the BP District.
(b)
Service uses, including, but not limited to, salons, laundromats
or dry-cleaning pickup stations, banks, tailors, and other similar
uses.
(c)
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(d)
Group instruction facilities.
(f)
Commercial recreation facilities.
(g)
Galleries, museums, and other similar uses.
(2) Permitted accessory uses.
(a)
Outdoor storage or display of goods, merchandise or materials in accordance with the regulations established in §
211-28.
(b)
Electric vehicle charging points in accordance with the provisions of §
211-38.
(3) Special permit uses.
(a)
The following uses may be permitted upon application to and with the approval of the Town Board pursuant to §
211-65A:
[2]
Bars, taverns and nightclubs.
(b)
The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to §
211-65A:
[2]
Churches or other places of worship.
[3]
Funeral homes, including floor space for residential occupancy
by a custodian or mortician.
[4]
Fuel dispensing stations as defined in §
211-5, and in accordance with the regulations established in §
211-37.
[5]
Motor vehicle service stations in accordance with the regulations established in §
211-39.
(4) Development regulations. Area, setback and lot coverage regulations
are contained in Table III. Parking, fence and sign regulations are contained in Articles
V,
VI and
VII, respectively.
C. General Business District (BG).
(1) Permitted principal uses.
(a)
All permitted principal uses specified for the BP and BR Districts.
(c)
Funeral homes, including floor space for residential occupancy
by a custodian or mortician.
(2) Permitted accessory uses.
(a)
Outdoor storage or display of goods, merchandise or materials in accordance with the regulations established in §
211-28.
(b)
Electric vehicle charging points in accordance with the provisions of §
211-38.
(3) Special permit uses.
(a)
The following uses may be permitted upon application to and with the approval of the Town Board pursuant to §
211-65A:
[2]
Bars, taverns and nightclubs.
(b)
The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to §
211-65A:
[2]
Churches or other places of worship.
[3]
Fuel dispensing stations as defined in §
211-5, and in accordance with the regulations established in §
211-37.
[4]
Motor vehicle service stations in accordance with the regulations established in §
211-39.
[5]
Motor vehicle dealerships as defined in §
211-5.
[6]
Outdoor storage or display of motor vehicles or trailers.
[7]
Outdoor storage of disabled, unlicensed or dismantled vehicles.
[8]
Self-service storage facilities, provided such facilities are
located within existing buildings, do not exceed 25% of the total
gross floor area on a lot or business center, and meet the following
criteria:
[a] Storage units shall be climate-controlled.
[b] Storage units shall only be accessible to customers
from a common point of controlled building access.
[c] Hours of operation shall be subject to approval
by the Board of Zoning Appeals.
[9]
Manufacture, assembly or processing of the following products,
provided such use is located within existing buildings and does not
exceed 25% of the total gross floor area on a lot or business center:
[a] Scientific, medical, dental, optical, photographic,
electronic, electrical, mechanical or tool and die equipment or instruments,
or components thereof.
[b] Medical, dental or pharmaceutical supplies.
[c] Plastic products, but not including manufacture
of plastics.
[d] Business and office equipment.
[f] Food or beverage products, but not including canning
or freezing of food products, or slaughtering and packing of meat.
(4) Development regulations. Area, setback and lot coverage regulations
are contained in Table III. Parking, fence and sign regulations are contained in Articles
V,
VI and
VII, respectively.
[Added 3-24-2022 by L.L. No. 2-2022]
A. Intent and purpose. In accordance with the recommendations of the
Town of Greece 2020 Comprehensive Plan Update and 2022 Bicentennial
Historic Resources Survey, the Historic Preservation Overlay District
(HPOD) is intended to promote the protection and enhancement of local
landmarks by providing opportunities for adaptive reuse where deemed
appropriate by the Town Board, and where such adaptive reuse does
not detract from the agricultural, cultural, social, economic, political
or architectural heritage or character of such local landmark.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
LOCAL LANDMARK
A structure designated by the Planning Board as an official landmark pursuant to Chapter
128 of the Town of Greece Code (Historic Preservation).
C. Applicability. This overlay may be enacted at the discretion of the Town Board where a local landmark has been designated pursuant to Chapter
128 of Town of Greece Code. The local landmark designation is separate and distinct from any state or federal landmark designation. The provisions of this section shall only be applicable to local landmarks as defined herein.
D. Special permit uses. Where the HPOD has been enacted by the Town
Board, the Planning Board may grant a special use permit allowing
the following uses or mix of uses where such uses are not already
permitted in the underlying zoning district.
(1) Low-intensity retail and service uses.
(3) Group instruction facilities for 10 participants or less.
(4) Art galleries, museums, and studios.
E. Standards for special permit applications to the Planning Board.
No special permit shall be granted by the Planning Board unless and
until the applicant has demonstrated to the satisfaction of the Board
that:
(1) Access to the site and the size of the site are adequate for the
proposed use.
(2) The proposed use will not adversely affect the orderly pattern of
development in the area.
(3) The nature, duration and intensity of the operations which are involved
in or conducted in connection with the proposed use will be in harmony
with nearby uses and will not alter the essential character of the
neighborhood nor be detrimental to the residents thereof.
(4) The proposed use will not create a hazard to health, safety or the
general welfare.
(5) The proposed use will not be detrimental to the flow of traffic in
the vicinity.
(6) The proposed use will not place an excessive burden on public improvements,
facilities, services or utilities.
(7) The proposed use and any related site improvements do not diminish
the historic character of the local landmark.
(8) The proposed use positively contributes to ongoing maintenance and
protection of the local landmark.
(9) Site accommodations, such as parking, pedestrian access, utilities,
lighting, and landscaping, are adequate for the proposed use.
F. Site improvements.
(1) Where site improvements are necessary, such improvements shall be minimal and may be subject to site plan or minor improvement plan approval in conjunction with the special permit, pursuant to the provisions of §
211-65C and
D.
(2) Site improvements shall be subject to the area, setback, height and
lot coverage requirements of the underlying zoning district.
(3) The number and location of required parking spaces shall be established
by the Planning Board.
G. Additional requirements.
(1) Special permit uses must principally occupy the local landmark structure.
Structures which are accessory to a local landmark, and which are
located on the same property as the local landmark, may be used in
conjunction with a special permit so long as the use is incidental,
secondary or subordinate to the primary use.
(2) Special permits granted pursuant to this section shall not be transferable.
Upon sale or transfer of the property, a new special use permit or
waiver shall be required.
(3) In enacting the HPOD, granting a special permit, site plan, or minor
improvement plan approval, the Town Board and Planning Board may impose
such conditions as are reasonably necessary to protect the local landmark
and mitigate any potential impacts to the community resulting from
such approvals.
(4) The proposed use must comply with the requirements of the New York
State Uniform Fire Prevention and Building Code, and all other local,
state or federal requirements which may apply.
(5) No approvals shall be granted under the provisions of this section unless and until the subject property has been designated as a local landmark pursuant to Chapter
128 (Historic Preservation).
(6) Proposed changes to the exterior of a local landmark shall be subject to review by the Planning Board and issuance of a certificate of appropriateness pursuant to Chapter
128 (Historic Preservation).