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Town of Perinton, NY
Monroe County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
In residential districts, the regulations set forth below shall apply to the respective classes of such districts for the uses permitted under this article only.
The following regulations shall apply to the Class AA District:
A. 
Uses permitted.
(1) 
Single-family detached dwelling, which must have a two-car private garage.
(2) 
One-story accessory building. (See § 208-14G herein.)
[Amended 2-12-1992 by L.L. No. 1-1992]
(3) 
Customary home occupation. (See § 208-8, Definitions.)
(4) 
Public buildings or grounds. (See § 208-8, Definitions.)
(5) 
All uses as permitted and regulated in Townhouse Districts under § 208-34 herein.
(6) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
B. 
Size of lot.
(1) 
The minimum width of a lot shall be 100 feet, and the minimum area shall be 20,000 square feet.
(2) 
Corner lots shall have a minimum width of 150 feet and a minimum area of 30,000 square feet.
C. 
Size of building. The minimum ground area of the main structure shall be:
(1) 
One-story building: 1,400 square feet.
(2) 
One-and-one-half-story building: 1,200 square feet.
(3) 
Two- or two-and-one-half-story building: 1,000 square feet.
D. 
Setbacks.
(1) 
The minimum front setback shall be 70 feet, the minimum side setback 15 feet and the minimum rear setback 15 feet.
(2) 
On corner lots, the minimum setback from each street or highway shall be the same as the front setback from each said street or highway.
The following regulations shall apply to the Class A District:
A. 
Uses permitted. The following uses are permitted:
(1) 
Single-family detached dwelling which must have a two-car private garage.
(2) 
One-story accessory building (see § 208-14G herein).
[Amended 2-12-1992 by L.L. No. 1-1992]
(3) 
Customary home occupation (see § 208-8, Definitions).
(4) 
Public buildings or grounds (see § 208-8, Definitions).
(5) 
All uses as permitted and regulated in Townhouse Districts under § 208-34 herein.
(6) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
B. 
Size of lot.
(1) 
If the lot will not be served by sanitary sewers:
(a) 
The minimum width of the lot shall be 100 feet, and the minimum area shall be 20,000 square feet.
(b) 
Corner lots shall have a minimum width of 150 feet and a minimum area of 30,000 square feet.
(2) 
If the lot will be served by sanitary sewers:
(a) 
The minimum width of the lot shall be 90 feet, and the minimum area shall be 18,000 square feet.
(b) 
Corner lots shall have a minimum width of 135 feet and a minimum area of 27,000 square feet.
C. 
Size of building. The minimum ground area of the main structure shall be:
(1) 
One-story building: 1,200 square feet.
(2) 
One-and-one-half-story building: 1,000 square feet.
(3) 
Two- or two-and-one-half-story building: 850 square feet.
D. 
Setbacks.
(1) 
The minimum front setback shall be 70 feet, the minimum side setback 15 feet and the minimum rear setback 15 feet.
(2) 
On corner lots, the minimum setback from each street or highway shall be the same as the front setback from each said street or highway.
(3) 
If the lot will be served by sanitary sewers, the minimum side setback shall be 12 feet instead of 15 feet.
The following regulations shall apply to the Class B District:
A. 
Uses permitted. The following uses are permitted:
(1) 
Single-family detached dwelling which may have an attached or detached private garage.
(2) 
Two-family detached or semidetached dwelling with an attached or detached garage may be approved by the Planning Board if the developer applies for the same with concept subdivision approval and if the applicant has received a special permit from the Town Board, as provided for in § 208-54 of this chapter. The buildings must be in harmony with and complementary to the single-family residences provided for said subdivision. Applicants shall notify neighboring property owners within 500 feet of the boundary of these proposed subdivisions at least one week and not more than three weeks prior to the scheduled Town Board hearing for the special permit.
[Amended 10-28-1981 by L.L. No. 5-1981; 11-12-1986 by L.L. No. 6-1986; 2-11-2004 by L.L. No. 1-2004]
(3) 
The conversion of an existing dwelling from a one-family to a two-family dwelling or the construction of a two-family detached or semidetached dwelling on a preexisting lot may be permitted upon a special permit from the Zoning Board of Appeals as provided in § 208-54 of this chapter. If a special permit is granted, applicants building new units or modifying the exterior of existing structures must obtain site plan approval from the Planning Board.
[Added 11-12-1986 by L.L. No. 6-1986; amended 10-26-1994 by L.L. No. 7-1994]
(4) 
Public buildings and grounds. (See § 208-8, Definitions.)
(5) 
One-story accessory building. (See § 208-14G herein.)
[Amended 2-12-1992 by L.L. No. 1-1992]
(6) 
All uses as permitted and regulated in Townhouse Districts under § 208-34 herein.
(7) 
Customary home occupation. (See § 208-8, Definitions.)
(8) 
Agriculture and agricultural structures for agricultural activity (see "farm" definition in § 208-8).
[Added 2-13-2013 by L.L. No. 1-2013; amended 3-9-2022 by L.L. No. 2-2022]
(9) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
B. 
Size of lot.
(1) 
If the lot will not be served by sanitary sewers:
(a) 
The minimum width of the lot for single-family dwellings shall be 100 feet and the minimum area shall be 20,000 square feet.
[Amended 11-9-1978 by L.L. No. 8-1978]
(b) 
Corner lots shall have a minimum width of 130 feet and a minimum area of 22,750 square feet.
(c) 
The minimum width of the lot for two-family dwellings shall be 125 feet and the minimum area shall be 21,875 square feet.
(d) 
The minimum width of a corner lot for two-family dwellings shall be 150 feet and the minimum area shall be 26,250 square feet.
(2) 
If the lot will be served by sanitary sewers:
(a) 
The minimum width of the lot for single-family dwellings shall be 90 feet and the minimum area shall be 14,400 square feet.
(b) 
Corner lots shall have a minimum width of 120 feet and a minimum area of 19,200 square feet.
(c) 
The minimum width of a lot for two-family dwellings shall be 110 feet and the minimum area shall be 17,600 square feet.
(d) 
The minimum width of a corner lot for two-family dwellings shall be 130 feet and the minimum area shall be 20,800 square feet.
C. 
Size of building.
(1) 
The minimum ground area of a main single-family structure shall be:
(a) 
One-story building: 1,000 square feet.
(b) 
One-and-one-half-story building: 850 square feet.
(c) 
Two- or two-and-one-half-story building: 750 square feet.
(2) 
The minimum ground area of a main two-family structure shall be:
(a) 
One-story building: 1,800 square feet.
(b) 
One-and-one-half-story building: 1,300 square feet.
(c) 
Two- or two-and-one-half-story building: 1,100 square feet.
D. 
Setbacks.
(1) 
The minimum front setback shall be 50 feet, the minimum side setback 15 feet and the minimum rear setback 15 feet.
(2) 
On corner lots, the minimum setback from each highway shall be the same as the front setback from each highway.
(3) 
If the lot will be served by sanitary sewers, the minimum side setback shall be 12 feet instead of 15 feet.
(4) 
Single-family semidetached dwellings may have one zero-foot side yard.
[Added 10-28-1981 by L.L. No. 5-1981]
(5) 
An agricultural structure shall have a minimum front setback of 140 feet, minimum side setback of 30 feet, and minimum rear setback of 50 feet.
[Added 2-13-2013 by L.L. No. 1-2013]
The following regulations shall apply to the Class C District:
A. 
Uses permitted. The following uses are permitted:
(1) 
Single-family detached dwelling which may have an attached or detached private garage.
(2) 
Two-family detached or semidetached dwelling with an attached or detached garage may be approved by the Planning Board if the developer applies for the same with concept subdivision approval and if the applicant has received a special permit from the Town Board, as provided for in § 208-54 of this chapter. The buildings must be in harmony with and complementary to the single-family residences proposed for said subdivision. Applicants shall notify neighboring property owners within 500 feet of the boundary of these proposed subdivisions at least one week and not more than three weeks prior to the scheduled Town Board hearing for the special permit.
[Amended 10-28-1981 by L.L. No. 5-1981; 11-12-1986 by L.L. No. 6-1986; 2-11-2004 by L.L. No. 1-2004]
(3) 
Townhouses, patio homes or other similar reduced lot size residential units, provided that:
[Added 3-28-1990 by L.L. No. 2-1990]
(a) 
Approval of Town Board is obtained per Subsection A(2) above.
[Amended 2-11-2004 by L.L. No. 1-2004]
(b) 
All lots will be served by public water and sewer.
(c) 
The area is designated for medium-density residential development in the most current Comprehensive Plan or receives such designation by the Planning Board.
(d) 
Lot widths will be reduced to 40 feet for attached townhouses and 60 feet for detached structures.
(e) 
Density shall not exceed four units per acre if townhouses, patio homes, etc., are built. All provisions of § 208-34, Townhouses, shall apply unless in conflict with this section, in which case this section controls.
(4) 
The conversion of an existing dwelling from a one-family to a two-family dwelling or the construction of a two-family detached or semidetached dwelling on a preexisting lot may be permitted upon a special permit from the Zoning Board of Appeals as provided in § 208-54 of this chapter. If a special permit is granted, applicants building new units or modifying the exterior of existing structures must obtain site plan approval from the Planning Board.
[Added 11-12-1986 by L.L. No. 6-1986; amended 10-26-1994 by L.L. No. 7-1994]
(5) 
Public buildings and grounds. (See § 208-8, Definitions.)
(6) 
One-story accessory buildings. (See § 208-14G herein.)
[Amended 2-12-1992 by L.L. No. 1-1992]
(7) 
All uses permitted and regulated in Townhouse Districts under § 208-34 herein.
(8) 
Customary home occupation. (See § 208-8, Definitions.)
(9) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
B. 
Size of lot.
(1) 
If the lot will not be served by sanitary sewers:
(a) 
The minimum width of the lot for single-family dwellings shall be 100 feet, and the minimum area shall be 20,000 square feet.
[Amended 11-9-1978 by L.L. No. 8-1978]
(b) 
Corner lots shall have a minimum width of 130 feet and a minimum area of 22,750 square feet.
(c) 
The minimum width of the lot for two-family dwellings shall be 125 feet, and the minimum area shall be 21,875 square feet.
(d) 
The minimum width of a corner lot for two-family dwellings shall be 150 feet, and the minimum area shall be 26,250 square feet.
(2) 
If the lot will be served by sanitary sewers:
(a) 
The minimum width of the lot for single-family dwellings shall be 90 feet, and the minimum area shall be 14,400 square feet.
(b) 
Corner lots shall have a minimum width of 120 feet and a minimum area of 19,200 square feet.
(c) 
The minimum width of the lot for two-family dwellings shall be 110 feet, and the minimum area shall be 17,600 square feet.
(d) 
The minimum width of a corner lot for two-family dwellings shall be 130 feet, and the minimum area shall be 20,800 square feet.
C. 
Size of building.
(1) 
The minimum ground area of a main single-family structure shall be:
(a) 
One-story building: 900 square feet.
(b) 
One-and-one-half-story building: 800 square feet.
(c) 
Two- or two-and-one-half-story building: 650 square feet.
(2) 
The minimum ground area of a main two-family structure shall be:
(a) 
One-story building: 1,800 square feet.
(b) 
One-and-one-half-story building: 1,300 square feet.
(c) 
Two- or two-and-one-half-story building: 1,100 square feet.
D. 
Setbacks.
(1) 
The minimum front setback shall be 50 feet, the minimum side setback 15 feet and the minimum rear setback 15 feet.
(2) 
On corner lots, the minimum setback from each highway shall be the same as the front setback from each said highway.
(3) 
If the lot will be served by sanitary sewers, the minimum side setback shall be 12 feet.
(4) 
Single-family semidetached dwellings may have one zero-foot side yard.
[Added 10-28-1981 by L.L. No. 5-1981]
The following regulations shall apply to townhouses within the Town of Perinton:
A. 
Where permitted.
(1) 
In a residential district. In any residential subdivision in an AA, A, B or C residential district encompassing a minimum of 40 developable acres, the Planning Board may permit townhouses in an area or areas not exceeding 10% of the developable area of the proposed subdivision. Application for townhouses must be included with the application for pre-preliminary subdivision approval. The townhouses must be in harmony with and complementary to the single-family residences proposed for the subdivision, and garage requirements shall also comply with those of the district in which the townhouse is located.
[Amended 4-13-1988 by L.L. No. 2-1988]
(2) 
In a Townhouse District. Townhouses are permitted in any area zoned exclusively for townhouses under the customary zoning procedures of this Zoning Law, as amended from time to time.
(3) 
In a Residential C District as delineated in § 208-33A(3).
[Added 3-28-1990 by L.L. No. 2-1990]
B. 
Size of lot and density of development.
(1) 
There shall be at least one acre for each townhouse group.
(2) 
No group shall exceed an average density of more than eight townhouse units per acre. On small, irregular or otherwise marginal parcels, the Planning Board may further restrict average density if, in its judgment, the conditions warrant it.
C. 
Size of townhouse units.
(1) 
Residential A and AA Districts: a minimum of 1,200 square feet of enclosed living area.
(2) 
Residential B, C and Townhouse Districts: a minimum of 800 square feet of enclosed living area.
D. 
Parking spaces. Each townhouse unit shall have two parking spaces which must be related to that unit, at least one of which must be wholly enclosed. Additionally, one space (third overall) shall be provided as guest parking within reasonable proximity to the unit.
[Amended 9-14-1988 by L.L. No. 5-1988]
E. 
Yards. Each townhouse unit shall have a yard adjacent to it which shall be reasonably secluded from view from neighboring property or streets and shall have a minimum depth of 20 feet.
F. 
Front, side and rear setback. No front, side and rear setbacks are required except when units are related to dedicated streets, in which case the setback required by the residential zone in which said units are located shall prevail. In Townhouse Districts the front setback shall be 50 feet from the nearest dedicated street line. No buildings shall be closer than 40 feet to the exterior boundaries of the townhouse project.
G. 
Stairways. All stairways shall be located inside the building.
H. 
Access to public streets.
(1) 
All townhouse groups must have direct access to a dedicated highway.
(2) 
No individual unit shall have direct access to a dedicated highway.
I. 
Lot occupancy. The aggregate occupancy of townhouse buildings and all appurtenant structures shall not exceed 30% of the developable project area.
J. 
Distance between buildings in a townhouse group. The minimum distance between separate buildings in a townhouse group shall be 20 feet or shall be equal to the height of the highest adjacent building, whichever is greater.
K. 
[1]General design criteria.
(1) 
The layout of units shall not have exterior walls longer than 100 feet.
(2) 
Groups shall be arranged to make efficient, comfortable and convenient use of land and open space.
[1]
Editor's Note: Former Subsection K, Antennas, was repealed 3-24-1993 by L.L. No. 4-1993.
The following regulations shall apply to the Apartment District:
A. 
Uses permitted. The following uses are permitted:
(1) 
Apartment building containing four dwelling units but not more than 12 dwelling units.
(2) 
Apartment group consisting of two or more detached apartment buildings located on a parcel of land in one ownership and having any yard or court in common.
B. 
Size of lot. There shall be 15,000 square feet of lot area for the first dwelling unit in each apartment building and 3,000 square feet of lot area for each additional unit.
C. 
Size of unit. The following minimum apartment unit sizes shall be provided exclusive of additional building area required from common use of the tenants, such as lobbies, corridors, stairways, elevator shafts and storage space, or for other building area essential and incidental to the overall primary use:
(1) 
Efficiency apartment: 550 square feet. (Not more than 25% of the total units provided shall be efficiency apartments.)
(2) 
One-bedroom apartment: 675 square feet.
(3) 
Two-bedroom apartment: 800 square feet.
(4) 
Three-bedroom apartment: 950 square feet.
D. 
Height. No building shall exceed three stories, nor shall it exceed 40 feet in height.
E. 
Front setback. The minimum front setback from any dedicated street shall be 70 feet.
F. 
Side and rear setback. The side and rear setbacks from all property lines shall be 40 feet.
G. 
Exterior walls. No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment.
H. 
Stairways. All stairways to the second floor or higher shall be located inside the building.
I. 
Access to public street.
(1) 
All apartment groups must have direct access to a dedicated highway.
(2) 
If there are more than 12 dwelling units in an apartment building or group, direct access must be provided to a county or state highway by a private driveway or a road dedicated to the Town by the developer.
(3) 
If there are more than 50 dwelling units in an apartment group, or if in the opinion of the Planning Board the location or topography of the site indicate the need for additional access, the Planning Board may require such additional access as a condition of site plan approval. Such additional access shall not be limited to state or county highways.
J. 
Parking. Requirements for off-street parking as provided in § 208-16 of this chapter shall be met, except that the location of open parking lots may be modified to conform with the site plan, provided that such parking lots shall not be located within the front or side yards.
K. 
Lot occupancy. The aggregate lot occupancy of apartment buildings and all appurtenant structures shall not exceed 30% of the developable project area.
L. 
Distance between buildings in an apartment group. The minimum distances between separate buildings in an apartment group shall be 20 feet or shall equal the height of the highest adjacent building, whichever is greater.
[Added 4-13-1988 by L.L. No. 2-1988]
A. 
Purpose and locational criteria. The purpose of this district will be to encourage large-lot residential development in areas where conditions of the environment, availability of utilities and surrounding land use patterns dictate that residential densities and the amount of land covered by impervious surfaces remain low. Generally these are areas farther from commercial/service centers, acting as transition between conventional suburban residential development densities and rural densities, and where both sewer and water are expected.
B. 
Uses permitted. The following uses are permitted:
(1) 
A single-family detached dwelling, which must have a two-car private garage.
(2) 
One-story accessory building. (See § 208-14G herein.)
[Amended 2-12-1992 by L.L. No. 1-1992]
(3) 
Customary home occupation. (See § 208-8, Definitions.)
(4) 
Public buildings or grounds (see § 208-8, Definitions), excluding convalescent centers, hospitals and other group quarters not located in an existing single-family home.
(5) 
Agriculture and agricultural structures for agricultural activity (see "farm" definition in § 208-8).
[Added 2-13-2013 by L.L. No. 1-2013; amended 3-9-2022 by L.L. No. 2-2022]
(6) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
C. 
Dimensional requirements.
(1) 
For purposes of this district, minimum lot sizes shall be determined by the utilities available to serve the development. Dimensional requirements shall be similarly established. Lands with both public sewer and water shall be developed at a minimum conventional lot size of one acre, land without both sewer and water shall be developed with minimum lot sizes of five acres, and land with water only shall be developed with minimum conventional lot sizes of two acres.
(2) 
The following table establishes the dimensional requirements of this zone:
Utilities Available
Dimension
Sewer and Water
Water Only
No Sewer or Water
Size (acres)
1
2
5
Width at setback line
  Standard (feet)
150
200
240
  Corner (feet)
180
200
240
Setback
  Front (feet)
90
100
140
  Side (feet)
30
30
30
  Rear (feet)
30
30
50
Width at street line
  (feet)
120
160
200
(3) 
An agricultural structure shall have a minimum front setback of 140 feet, minimum side setback of 30 feet, and minimum rear setback of 50 feet.
[Added 2-13-2013 by L.L. No. 1-2013]
D. 
Use of § 278 of the Town Law (clustering).
[Amended 10-26-1994 by L.L. No. 7-1994]
(1) 
The use of § 278 of the Town Law is permissible in this zone. The following table establishes the dimensional requirements for clustered lots in this zone. Public water is required to reduce the minimum lot size below two acres. Public sewer and water are required to reduce the lot size below one acre.
Utilities Available
Dimension
Sewer and Water
Water Only
Size (square feet)
20,000*
43,560
Width at setback line
  Standard (feet)
100*
150
  Corner (feet)
150*
180
Setback
  Front (feet)
70*
90
  Side (feet)
15*
30
  Rear (feet)
15
30
Width at street line
  (feet)
100*
120
*NOTE: This dimension may be reduced by the Planning Board for near- or zero-lot-line-style housing, where the development meets the special clustering conditions and design guidelines of the zone.
(2) 
Special conditions: clustering.
(a) 
In considering the number of lots permissible under § 278, LDD (Limited Development District) lands shall be counted at a gross density of one unit per five acres, according to § 208-48.
(b) 
Clustering shall result in the reservation of land from development. Larger lots or open spaces created by the use of § 278 shall be treated in one of the following manners:
[1] 
Dedication to the public.
[2] 
Reservation from development with land held in common by a community association.
[3] 
Restrictive covenants on LDD lands and other lands designated by the Planning Board to enhance the open space or agricultural qualities of the development, to minimize land disturbance and to maintain natural open space or agricultural land values.
[Amended 2-13-2013 by L.L. No. 1-2013]
(c) 
Clustered lots shall be placed on the land such that they are visually and functionally separated from other nonclustered lots in the development or designed such that the appearance from surrounding properties is similar to nonclustered lots and achieve the design guidelines of the district.
(d) 
A maintenance and environmental management plan shall be submitted for all nonpublic reserved open space or agricultural lands.
[Amended 2-13-2013 by L.L. No. 1-2013]
(e) 
Clustering shall not be permitted where, in the opinion of the Planning Board, upon advice of the Conservation Board, the concentration of individual sewage disposal systems may impair ground- or surface waters.
(f) 
Clustered lots shall not be allowed to front on arterial or collector streets.
(g) 
If open space is intended to be used for agricultural production, adequate buffers shall be incorporated into the development design to minimize the potential for conflicts between farming uses and residential neighbors.
[Added 2-13-2013 by L.L. No. 1-2013]
E. 
Size of building. The minimum ground area of the main structure shall be:
(1) 
One-story building: 1,400 square feet.
(2) 
One-and-one-half-story building: 1,200 square feet.
(3) 
Two- or two-and-one-half-story building: 1,000 square feet.
F. 
Design guidelines: special conditions.
(1) 
Development of lots along the frontage of collector streets shall be discouraged. Larger minimum lot frontages and encouragement of lot development on the interior of the sites with access off of private drives is preferable to lots each having access onto existing or proposed Town and county roads.
(2) 
House placement on lots should consider the visual perception of the development from adjoining developments, adjoining lots and roadways.
(3) 
Lots less than five acres in size should be able to meet the minimum lot size, setback and width requirements without encroaching upon LDD lands.
(4) 
Shared driveways and private roads may be favorably considered where they result in the wider spacing of houses on the lots and less impervious surfaces for public roadways.
(5) 
Open space linkages shall be provided to adjoining designated open space lands to maintain continuity, wherever possible.
(6) 
The Planning Board may reduce front setbacks on two-acre or larger lots where construction of the access driveways would unnecessarily disturb the landscape and other design guidelines of this district can still be met.
G. 
Preexisting nonconforming lots. Nonconforming lots in existence or having received preliminary subdivision approval by the Planning Board shall be eligible for development. The setbacks applied to these lots shall be those of the residential district lot size which most closely approximates the size of the preexisting nonconforming lot.
[Added 4-13-1988 by L.L. No. 2-1988]
A. 
Purpose and locational criteria. The purpose of this district will be to encourage large-lot residential development in areas where conditions of the environment, availability of utilities and surrounding land use patterns dictate that residential densities and the amount of land covered by impervious surfaces remain low. Generally these are areas farther from commercial/service centers, acting as transition between conventional suburban residential development densities and rural densities, and where public water but not sanitary sewers are expected.
B. 
Uses permitted. The following uses are permitted:
(1) 
A single-family detached dwelling, which must have a two-car private garage.
(2) 
One-story accessory building. (See § 208-14G herein.)
[Amended 2-12-1992 by L.L. No. 1-1992]
(3) 
Customary home occupation. (See § 208-8, Definitions.)
(4) 
Public buildings or grounds (see § 208-8, Definitions), excluding convalescent centers, hospitals and other group quarters not located in an existing single-family home.
(5) 
Agriculture and agricultural structures for agricultural activity (see "farm" definition in § 208-8).
[Added 2-13-2013 by L.L. No. 1-2013; amended 3-9-2022 by L.L. No. 2-2022]
(6) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
C. 
Dimensional requirements.
(1) 
For purposes of this district, minimum lot sizes shall be determined by the utilities available to serve the development. Dimensional requirements shall be similarly established. Lands with both public sewer and water or public water only shall be developed at a minimum conventional lot size of two acres, and land without both sewer and water shall be developed with minimum lot sizes of five acres.
(2) 
The following table establishes the dimensional requirements of this zone:
Utilities Available
Dimension
Sewer and Water
Water Only
No Sewer or Water
Size (acres)
2
2
5
Width at setback line
  Standard (feet)
160
200
240
  Corner (feet)
200
200
240
Setback
  Front (feet)
100
100
140
  Side (feet)
30
30
30
  Rear (feet)
30
30
50
Width at street line
  (feet)
160
160
200
(3) 
An agricultural structure shall have a minimum front setback of 140 feet, minimum side setback of 30 feet, and minimum rear setback of 50 feet.
[Added 2-13-2013 by L.L. No. 1-2013]
D. 
Use of § 278 of the Town Law (clustering).
[Amended 10-26-1994 by L.L. No. 7-1994]
(1) 
The use of § 278 of the Town Law is permissible in this zone. The following table establishes the dimensional requirements for clustered lots in this zone. Public water is required to reduce the minimum lot size below two acres. Public sewer and water are required to reduce the lot size below one acre.
Utilities Available
Dimension
Sewer and Water
Water Only
Size (square feet)
30,000
43,560
Width at setback line
Standard (feet)
100
150
Corner (feet)
150
180
Setback
  Front (feet)
70
90
  Side (feet)
15
30
  Rear (feet)
15
30
Width at street line)
  (feet)
100
120
(2) 
Special conditions: clustering.
(a) 
In considering the number of lots permissible under § 278, LDD (Limited Development District) lands shall be counted at a gross density of one unit per five acres, according to § 208-48.
(b) 
Clustering shall result in the reservation of land from development. Larger lots or open spaces created by the use of § 278 shall be treated in one of the following manners:
[1] 
Dedication to the public.
[2] 
Reservation from development with land held in common by a community association.
[3] 
Restrictive covenants on LDD lands and other lands designated by the Planning Board to enhance the open space or agricultural qualities of the development, to minimize land disturbance and to maintain natural open space or agricultural land values.
[Amended 2-13-2013 by L.L. No. 1-2013]
(c) 
Clustered lots shall be placed on the land such that they are visually and functionally separated from other nonclustered lots in the development or designed such that the appearance from surrounding properties is similar to nonclustered lots and achieve the design guidelines of the district.
(d) 
A maintenance and environmental management plan shall be submitted for all nonpublic reserved open space or agricultural lands.
[Amended 2-13-2013 by L.L. No. 1-2013]
(e) 
Clustering shall not be permitted where, in the opinion of the Planning Board, upon advice of the Conservation Board, the concentration of individual sewage disposal systems may impair ground- or surface waters.
(f) 
Clustered lots shall not be allowed to front on arterial or collector streets.
(g) 
If open space is intended to be used for agricultural production, adequate buffers shall be incorporated into the development design to minimize the potential for conflicts between farming uses and residential neighbors.
[Added 2-13-2013 by L.L. No. 1-2013]
E. 
Size of building. The minimum ground area of the main structure shall be:
(1) 
One-story building: 1,400 square feet.
(2) 
One-and-one-half-story building: 1,200 square feet.
(3) 
Two- or two-and-one-half-story building: 1,000 square feet.
F. 
Design guidelines: special conditions.
(1) 
Development of lots along the frontage of collector streets shall be discouraged. Larger minimum lot frontages and encouragement of lot development on the interior of the sites with access off of private drives is preferable to lots each having access onto existing or proposed Town and county roads.
(2) 
House placement on lots should consider the visual perception of the development from adjoining developments, adjoining lots and roadways.
(3) 
Lots less than five acres in size should be able to meet the minimum lot size, setback and width requirements without encroaching upon LDD lands.
(4) 
Shared driveways and private roads may be favorably considered where they result in the wider spacing of houses on the lots and less impervious surfaces for public roadways.
(5) 
Open space linkages shall be provided to adjoining designated open space lands to maintain continuity, wherever possible.
(6) 
The Planning Board may reduce front setbacks on two-acre or larger lots where construction of the access driveways would unnecessarily disturb the landscape and other design guidelines of this district can still be met.
G. 
Preexisting nonconforming lots. Nonconforming lots in existence or having received preliminary subdivision approval by the Planning Board shall be eligible for development. The setbacks applied to these lots shall be those of the residential district lot size which most closely approximates the size of the preexisting nonconforming lot.
[Added 4-13-1988 by L.L. No. 2-1988]
A. 
Purpose and locational criteria. The purposes of this district are to:
(1) 
Assure that lands identified in the Comprehensive Plan as having exceptional environmental values are developed with minimal disturbance to the environment.
(2) 
Maintain low density in areas with poor transportation networks and physical constraints to development.
(3) 
Assure compatible types and densities of development.
(4) 
Encourage innovation in subdivision design.
B. 
Uses permitted. The following uses are permitted:
(1) 
One single-family dwelling per lot which must have a two-car garage.
(2) 
One-story accessory building to single-family dwelling.
(3) 
Customary home occupations.
(4) 
Agriculture and agricultural structures for agricultural activity (see "farm" definition in § 208-8).
[Amended 2-13-2013 by L.L. No. 1-2013; 3-9-2022 by L.L. No. 2-2022]
(5) 
Public buildings and grounds, as defined in this chapter, shall not be permitted, except in accordance with § 208-12 or 208-13.
(6) 
The following uses, upon obtaining a special permit from the Town Board as provided in § 208-54.
[Added 3-9-2011 by L.L. No. 2-2011]
(a) 
Kennels, provided that there is at least five acres and that there is no outside keeping of animals.
(7) 
Bed-and-breakfast establishment.
[Added 7-11-2018 by L.L. No. 6-2018; amended 4-24-2019 by L.L. No. 2-2019]
C. 
Dimensional requirements.
(1) 
The following table establishes the dimensional requirements of the zone:
Dimension
Requirement
Size (acres)
5
Width at setback line
  Standard (feet)
240
  Corner (feet)
240
Setback
  Front (feet)
140
  Side (feet)
30
  Rear (feet)
50
Width at street line
  (feet)
200
(2) 
An agricultural structure shall have a minimum front setback of 140 feet, minimum side setback of 30 feet, and minimum rear setback of 50 feet.
[Added 2-13-2013 by L.L. No. 1-2013]
D. 
Use of § 278 of the Town Law (clustering).
[Amended 10-26-1994 by L.L. No. 7-1994]
(1) 
The use of § 278 of the Town Law is permissible in this zone. Public water is required to reduce the minimum lot size below five acres. The minimum lot size allowed under these provisions is one acre, with density for the overall development being computed at one unit per five acres.
(2) 
The following table establishes dimensional requirements for § 278 developments:
Dimension
Requirement
Size (acres)
1
Width at setback line
  Standard (feet)
150
  Corner (feet)
180
Setback
  Front (feet)
100
  Side (feet)
30
  Rear (feet)
30
Width at street line
  (feet)
120
E. 
Size of buildings. The minimum ground area of the main structure shall be:
(1) 
One-story building: 1,400 square feet.
(2) 
One-and-one-half-story building: 1,200 square feet.
(3) 
Two- or two-and-one-half-story building: 1,000 square feet.
F. 
Special conditions: clustering.
[Amended 10-26-1994 by L.L. No. 7-1994]
(1) 
In considering the number of lots permissible under § 278, LDD (Limited Development District) lands shall be counted at a gross density of one unit per five acres.
(2) 
Clustering shall result in the reservation of land from development. Larger lots or open spaces created by the use of § 278 shall be treated in one of the following manners:
(a) 
Dedication to the public.
(b) 
Reservation from development with land held in common by a community association.
(c) 
Restrictive covenants on LDD lands and other lands designated by the Planning Board to enhance the open space or agricultural qualities of the development to minimize land disturbance and to maintain natural open space or agricultural land values.
[Amended 2-13-2013 by L.L. No. 1-2013]
(3) 
Clustered lots shall be placed on the land such that they are visually and functionally separated from other nonclustered lots in the development or designed such that the appearance from surrounding properties is similar to nonclustered lots and achieves the design guidelines of the district.
(4) 
A maintenance and environmental management plan shall be submitted for all reserved nonpublic open space or agricultural lands.
[Amended 2-13-2013 by L.L. No. 1-2013]
(5) 
Clustering shall not be permitted where, in the opinion of the Planning Board, upon advice of the Conservation Board, the concentration of individual sewage disposal systems may impair ground- or surface waters.
(6) 
Clustered lots shall not be allowed to front on arterial or collector streets.
(7) 
If open space is intended to be used for agricultural production, adequate buffers shall be incorporated into the development design to minimize the potential for conflicts between farming uses and residential neighbors.
[Added 2-13-2013 by L.L. No. 1-2013]
G. 
Design guidelines: special conditions.
(1) 
Development of lots along the frontage of collector streets shall be discouraged. Larger minimum lot frontages and encouragement of lot development on the interior of the sites with access off of private drives is preferable to lots each having access onto existing or proposed Town and county roads.
(2) 
House placement on lots should consider the visual perception of the development from adjoining developments, adjoining lots and roadways.
(3) 
Lots less than five acres in size should be able to meet the minimum lot size setback and width requirements without encroaching upon LDD lands.
(4) 
Shared driveways and private roads may be favorably considered where they result in the wider spacing of houses on the lots and less impervious surfaces for public roadways.
(5) 
Open space linkages shall be provided to adjoining designated open space lands to maintain continuity, wherever possible.
(6) 
The Planning Board may reduce front yard setbacks on two-acre or larger lots where construction of the access driveways would unnecessarily disturb the landscape and other design guidelines of this district can be met.
(7) 
All grading and drainage plans for development in this district and tree cutting for purposes other than routine landscape maintenance shall be reviewed by the Town Engineer and Conservation Board to ensure that disturbance of the landscape is minimized, in accord with Chapter 119, Sediment Control, of the Perinton Town Code.
H. 
[1] Site plan approval. Site plan approval, as defined in § 208-53J, shall be obtained when any of the following occur within this district::
[Amended 5-12-1993 by L.L. No. 7-1993; 1-22-2020 by L.L. No. 1-2020]
(1) 
Construction of a new dwelling unit.
(2) 
Enlargement of an existing structure by greater than 500 square feet.
(3) 
Any construction requiring an area variance, except that a variance for an accessory building not more than 400 square feet will not require a site plan.
[Amended 8-11-1993 by L.L. No. 10-1993]
(4) 
Any construction or activity which will encroach upon a Limited Development District.
(5) 
Construction of a deck or addition to an existing deck when the new construction is greater than 500 square feet.
[1]
Editor's Note: Former Subsection H, Critical environmental area designation, was repealed 3-28-1990 by L.L. No. 2-1990.
I. 
Preexisting nonconforming lots. Nonconforming lots in existence or having received preliminary subdivision approval by the Planning Board shall be eligible for development. The setbacks applied to these lots shall be those of the residential district lot size which most closely approximates the size of the preexisting nonconforming lot.[2]
[2]
Editor's Note: Former Subsection J, Preexisting nonconforming lots, which duplicated the provisions of Subsection I and which followed this subsection, was repealed 2-12-1992 by L.L. No. 1-1992.