[Added 2-27-2019 by L.L.
No. 3-2019]
It is the principal purpose and intent of the residential districts
in this article to provide opportunities for residential development
patterns of varying lot sizes and density, to accommodate different
suburban and rural residential lifestyles to meet the housing needs
of current and future residents. The R-1 Districts are intended for
primarily single-family development, with varying lot sizes. The R-2
Districts are intended for primarily single-family and multiple-family
development and are the primary zones where traditional multiple-dwelling
developments can occur. The RR District is intended primarily for
agricultural and low-density rural residential lifestyles that encourage
the maintenance and preservation of farmland, open spaces, natural
resources, and rural character. Agricultural uses are permitted in
all residential districts (as indicated herein) although the RR District
is specifically designed to better accommodate agriculture and is
the predominant zone south of the New York State Thruway in what has
traditionally been the agricultural/rural portion of Town.
A.
R-1 Residential Districts. The following uses are
permitted in R-1 Districts:
(1)
Single-family dwellings.
(2)
Farms, greenhouses, plant nurseries and customary
agricultural operations in connection therewith, but excluding within
100 feet of any lot line any stabling of a farm animal, storage of
manure or other odor- or dust-producing substance or use.
(3)
Public parks, playgrounds and similar recreational
areas and structures not operated for gain.
(4)
Customary home occupations as defined in § 295-2 and provided that the office or studio is located in the dwelling in which the practitioner resides and does not occupy more than 30% of the total floor area of the residence. Not more than one employee may be used. No other offices shall be located on the premises, nor shall any other profession be practiced or conducted on the premises. Any instruction given or professional services or care rendered shall be to one student, patient, client or customer at a time. Adequate off-street parking must be provided and maintained on the premises. The area of the building, exclusive of the portion used for such office, shall conform to the minimum requirements as provided in this chapter. There shall be no display of goods or advertising other than an accessory sign as provided in Chapter 224, Signs.
(5)
Private garages. Attached or detached garage buildings
for not more than three motor vehicles with maximum dimensions of
35 feet on the entrance side by 30 feet. R-1-20 Districts shall have
at least a two-car private garage; R-1-15 Districts shall have at
least a one-car private garage. RR-1 and RR-2 Districts shall have
a minimum one-car private garage. There shall not be more than one
attached or detached garage per parcel/lot in any residential district.
The minimum dimensions for private residential garages shall be as
follows:
[Amended 2-18-2015 by L.L. No. 1-2015]
|
Maximum Capacity
|
Minimum Depth/Length
(feet)
|
Minimum Width
(feet)
|
|---|---|---|
|
1 car
|
20
|
12
|
|
2 cars
|
20
|
20
|
|
3 cars
|
20
|
30
|
(6)
Churches, schools and institutions of higher education, public hospitals, public libraries and municipal and special district buildings, provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44.
(7)
Golf courses, including those operated for profit,
shall be permitted upon obtaining a special use permit therefor from
the Town Board. Miniature golf courses and driving ranges apart from
golf courses are prohibited.
[Amended 4-12-2022 by L.L. No. 8-2022]
(8)
Child-care centers, day-care centers, nursery schools,
preschool nurseries and family day-care homes shall be permitted under
the following conditions:
(a)
Child-care centers, day-care centers, nursery schools and preschool
nurseries shall be permitted when housed in an established church
facility which shall be duly licensed by the New York State Department
of Social Services and the building facilities of which shall be annually
inspected by the Building Inspector or designee for compliance with
all building and fire codes. The Building Inspector or designee shall
issue a new certificate of occupancy as evidence that the facility
is in compliance with the codes. The cost for such inspection and
certificate of occupancy shall be included in a child-care center
registration fee established by the Town Board.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(b)
Child-care centers, day-care centers, preschool nurseries and nursery schools, when not housed in an established church facility, shall apply to the Town Board for a special use permit as per the requirements of Article XII of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection A(8)(a) of this section shall apply.
[Amended 4-12-2022 by L.L. No. 8-2022]
(c)
A family day-care home shall be housed in a single-family dwelling and shall be an accessory use to the principal use of the structure. The operation shall be licensed by the New York State Department of Social Services or certified by the Monroe County Department of Social Services. Such license and certification shall be available for inspection during normal daytime hours. A family day-care home shall provide child care for not more than six children based on the age formulas established in Part 458 of the regulations of the State Department of Social Services (Family Day-Care Homes). The building facilities shall be annually inspected by the Building Inspector or designee. The provisions outlined in Subsection A(8)(a) of this section shall apply.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(9)
Storage sheds, provided that each shall have a minimum side setback and rear setback of four feet, and shall not infringe on any easements. Notwithstanding the foregoing, no storage shed shall be erected within the required side yard on the street side of a corner lot, as referred to at § 295-10B(2).
[Added 4-6-2005; amended 2-18-2015 by L.L. No. 1-2015]
(10)
Open space.
[Added 7-20-2005 by L.L. No. 2-2005]
(11)
Cemeteries, upon obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article XII of this chapter.
[Added 3-1-2006 by L.L. No. 2-2006;
amended 4-12-2022 by L.L. No. 8-2022]
(12)
Rooftop
residential solar energy system.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021; 11-16-2022 by L.L. No. 21-2022]
(14)
Small-scale
solar energy systems, but where the solar energy system footprint
covers more than 1% of the area of the subject lot, a special use
permit shall be required.
[Added 9-22-2021 by L.L. No. 12-2021]
B.
R-2 Residential Districts. The following uses are
permitted in R-2 Districts:
(1)
All uses permitted in R-1 Districts, subject to all
provisions specified for such districts.
(2)
Two-family dwellings, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
(3)
Nursing homes, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
(4)
Multiple dwellings, upon issuance of a special use permit, all in accordance with § 295-13.
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
C.
Any use
not specifically enumerated in this section as a permitted use is
prohibited in the R Residential Districts.
[Added 2-18-2015 by L.L.
No. 1-2015]
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
No structure in a residential district shall exceed two stories of any kind above the basement, and no residential building shall exceed 21 feet in height from the top of the first floor of the first story to the ceiling of the second story. In the case of churches, schools and institutions of higher education, public hospitals, public libraries, municipal and special district buildings and apartment houses, no such structure, with the exception of barns and silos associated with a farm operation in a county agricultural district, shall exceed 35 feet in height, except by special use permit granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article XII of this chapter.
The ground area of the principal and accessory
buildings on any lot shall not exceed 25% of the total area of such
lot. The aggregate ground area of all accessory buildings, not including
automobile garages, shall not exceed 1% of the total area of such
lot, and the number of individual accessory buildings shall not exceed
two.
A.
Lot dimensions for R-1-20, R-1-15 and R-2-15 Districts. The minimum dimensions of any lot on which any building or structure may be hereafter erected shall be subject to the provisions of § 295-43 and the following:
[Amended 7-20-2005 by L.L. No. 2-2005]
(1)
Minimum area.
|
District
|
Minimum Lot Area
(square feet)
| |
|---|---|---|
|
R-1-20
|
20,000
| |
|
R-1-15
|
15,000
| |
|
R-2-15
| ||
|
For two-family units
|
15,000
| |
|
For single-family units
|
12,000
| |
(2)
Minimum width. (It should be noted that these represent
minimums, and that lots may exceed these minimums.)
|
District
|
Minimum Lot Width
(feet)
| |
|---|---|---|
|
R-1-20
|
100
| |
|
R-1-15
|
80
| |
|
R-2-15
| ||
|
For two-family units
|
100
| |
|
For single-family units
|
75
| |
B.
Front yard setbacks.
(1)
The minimum front yard, rear and side line setback
for any buildings or structures hereafter erected shall be as follows:
(a)
For R-1-20 Districts the minimum building front
line setback shall be 60 feet.
(b)
For all other R-1 and R-2 Districts the minimum
building front line setback shall be 40 feet if located on a Town
or private road and 60 feet if located on a county or state road.
The Town shall require that front yard setbacks conform to those previously
existing on the same or immediately adjacent street.
(2)
In the case of a building on a through lot or corner
lot, front yard depth shall be required on both streets.
C.
Side yard setbacks. Side setbacks shall not be less
than eight feet, nor may any building or structure impermissibly infringe
on a Town easement in the side yard.
[Amended 2-18-2015 by L.L. No. 1-2015; 12-14-2022 by L.L. No. 23-2022]
D.
Rear yard setbacks. Minimum rear yard setbacks in
all residential districts shall be 10 feet.
E.
Exception
to setbacks for accessibility for the disabled. As an exception to
the above, for a duly constructed ramp required for occupant accessibility
purposes (e.g., for persons with disabilities):
[Added 12-14-2022 by L.L. No. 23-2022]
(1)
The
minimum side setback shall be four feet less than otherwise required
(such that a ramp may extend four feet further into the side yard
than would otherwise be permitted but for this exception); and
(2)
The
minimum front setback shall be 10 feet less than otherwise required
(such that a ramp may extend 10 feet further into the front yard than
would otherwise be permitted but for this exception).
[Added 7-20-2005 by L.L. No. 2-2005;
amended 2-18-2015 by L.L. No. 1-2015; 6-21-2017 by L.L. No.
4-2017; 2-27-2019 by L.L. No. 3-2019]
A.
Purpose and intent.
(1)
The purpose of the Rural Residential (RR) District is to support
creative, low-impact development patterns and land uses that conserve
natural resources and agricultural lands primarily in the area of
Town south of the New York State Thruway, while enhancing the quality
of life for residents.
(2)
The District is established to:
(a)
Maintain the rural quality of life evident in this area;
(b)
Provide and maintain large, contiguous areas of land to promote
and support ongoing agricultural uses and activities, provide animal
habitat and protect important natural resources through site design;
and
(c)
Allow for development at a medium-to-low density on a range
of lot sizes.
B.
Permitted uses.
(1)
Uses within the Rural Residential District shall be limited to those uses allowed in R-1 Residential Districts as identified in § 295-7, plus the additional uses set forth herein.
(2)
Farm and farm operations as defined under the State Agriculture and Markets Law (see § 295-2, Word usage and definitions).
(3)
Farm stands and fruit and vegetable stands.
(4)
Commercial and private stables.
(5)
Farm woodland; forest farming operation.
(6)
Agribusiness and agritourism, subject to obtaining a special
use permit. Such uses are allowed only as a subordinate use to the
primary farm operation, and such subordinate use shall terminate upon
the cessation of the farm operation.
[Amended 4-12-2022 by L.L. No. 8-2022]
(7)
Senior housing, including assisted living, nursing home and
ancillary health-related facilities, may be authorized in areas with
municipal water and sewer by a special use permit granted by the Town
Board, provided such uses are proposed and built at a density and
design that is responsive to the intent of this District, giving consideration
to the community needs for such facilities. The Town Board may impose
reasonable conditions and request incentives from the development
of such projects, including but not limited to provision of land and/or
funds for on- and off-site open space conservation. In granting such
permit for senior housing and related facilities, the Town Board may
modify the density and dimensional requirements of this District.
[Amended 4-12-2022 by L.L. No. 8-2022]
(8)
Small-scale solar energy systems.
[Amended 9-22-2021 by L.L. No. 12-2021]
(9)
Medium-scale solar energy systems, subject to obtaining a special
use permit.
[Amended 9-22-2021 by L.L. No. 12-2021]
(11)
Commercial composting, subject to obtaining a special use permit.
[Added 4-13-2023 by L.L. No. 5-2023]
C.
Preexisting buildings on lots. Buildings on lots lawfully occupied
and used as of the date of change may continue as preexisting uses
pursuant to this zoning law, and the yard and setback provisions for
the previous zoning classification as of the date of change shall
apply to these buildings. The Date of Change is defined as July 1,
2005, for those properties rezoned to Rural Residential in July 2005,
and is defined as May 1, 2024, for those properties rezoned to Rural
Residential in May 2024.
[Amended 5-8-2024 by L.L. No. 3-2024]
D.
Preexisting (undeveloped) tax parcels that were approved building
lots but would now be substandard in the RR District are subject to
the zoning standards that were in effect for those lots prior to July
1, 2005.
E.
General requirements of the Rural Residential District. All proposed
development for subdivision within the Rural Residential District
shall be required to provide a site analysis in the sketch plan phase
of the subdivision approval process. Site analysis will help to identify
significant conservation areas or natural resources that should be
protected and conserved. Please see the Rural Development Design Guidelines.[1]
[1]
Editor's Note: The Rural Development Design Guidelines are
on file in the Town offices.
F.
Area, width and setbacks.
(1)
The following shall apply to lots served by both municipal water
and sewer, and that are not within a state-certified, county-adopted
agricultural district:
(a)
Minimum lot area: two acres (may be smaller with open space
incentive).
(b)
Minimum lot width shall be 80 feet.
(c)
Minimum front yard setbacks shall be 30 feet if located on a
Town or private road or 50 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 15
feet on the other side.
(e)
Minimum rear yard setbacks shall be 30 feet.
(f)
Each lot shall contain a minimum of 10,000 square feet of contiguous
area for building and yard area free of wetlands, surface water or
slopes over 15%.
(2)
The following shall apply to lots that are not served by both
municipal water and sewer, or are within a state-certified, county-adopted
agricultural district:
(a)
Minimum lot area: five acres (may be smaller with open space
incentive).
(b)
Minimum lot width shall be 100 feet.
(c)
Minimum front yard setbacks shall be 40 feet if located on a
Town or private road or 60 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 20
feet on the other side.
(e)
Minimum rear yard setbacks shall be 40 feet.
(f)
Each lot shall contain a minimum of 20,000 square feet of contiguous
area for building and yard area free of wetlands, surface water or
slopes over 15%.
G.
Building site area. Each lot or development site created or proposed
for use shall provide sufficient area to accommodate the proposed
structure(s) and other site improvements. An application for site
plan and/or subdivision approval shall include data sufficient for
the Planning Board to make a determination that adequate water supply,
stormwater management, and wastewater disposal facilities can be accommodated
on each proposed lot.
H.
Permissible dwelling units. The maximum number of permissible dwelling
units for any project shall be the number of dwelling units able to
be built as determined through the dimensional requirements set forth
in this chapter and through site analysis. The actual number of permissible
dwelling units may be fewer than the maximum number of potential dwelling
units.
I.
Buffers.
(2)
For new farm operations or expansion of an existing farm operation
outside of a county agricultural district, a 100-foot setback shall
be provided to any use which is materially odorous, such as manure
piles, pig pens, buildings for livestock, etc.
(3)
As part of its site plan review, the Planning Board may require
expanded buffers for any new residential subdivision proposed to be
located adjacent to an existing farm or farm operation.
[Added 5-8-2024 by L.L. No. 3-2024]
A.
"Brooks Road Rural Residential Lands" at Zoning Map designation:
R(I).
(1)
Senior housing complexes built in the Brooks Road Rural Residential
Lands District are prohibited from having an entrance or exit onto
Brooks Road or onto side streets that exit onto Brooks Road. A gated
emergency-only entrance/exit, if required, is not included in this
prohibition.
(2)
Parcel Tax ID No. 174.04-1-18.1 (located on the north side of
the western end of the rezoned land) and any subsequent subdivided
parcels that lie completely within the bounds of the original parcel,
shall be allowed the following additional uses:
(3)
The affected property is more particularly described as follows:
|
ALL THAT TRACT OF PARCEL OF LAND being part of Town Lots 20,
22 and 24 in the 6th Range of Lots and Town Lots 19, 20, 21 and 22
in the 5th Range of Lots, Township 12, Range 7 of the Phelps Gorham
Purchase, situate in the Town of Henrietta, County of Monroe, State
of New York, as shown on a drawing entitled "Brooks Road Rezoning,
To Rural Residential with Specifics" prepared by the Town of Henrietta,
dated March 22nd, 2024, and being more particularly bounded and described
as follows.
| |
|
BEGINNING at a point on the centerline of East River Road, said
point being the northwesterly corner of the lands now or formerly
of Graywood 1938, LLC, tax account number 174.04-1-18.1; thence
| |
|
1.
|
N 87°40'22" E, a distance of 3,895.28 feet along the
northerly boundary line of Graywood to the northeasterly property
corner of the lands now or formerly of Irish Rose Stables, LLC, tax
account number 174.04-1-17.111; thence
|
|
2.
|
S 20°25'06" W, a distance of 177.08 feet along the
easterly boundary line of Irish, to the northerly property corner
of the lands now or formerly of Glen & Irene M Flood, tax account
number 174.04-1-12.113; thence
|
|
3.
|
S 87°54'34" E, a distance of 460.94 feet along the
northerly boundary line of Flood to the northeasterly property corner
of the lands now or formerly of Joseph Giorgione, tax account number
174.04-1-12.112; thence
|
|
4.
|
S 22°37'51" W, a distance of 287.60 feet along the
easterly boundary of Giorgione, to the northwesterly property corner
of the lands now or formerly of Sylvester & Betty Ann Duhart,
tax account number 174.04-1-12.111; thence
|
|
5.
|
N 88°47'51" E, a distance of 1,413.47 feet along the
northerly boundary line of Duhart, to a point on the westerly boundary
line of the lands now or formerly of Bobbi L Rockow-Coats, tax account
number 175.03-1-28.11; thence
|
|
6.
|
Northeasterly on a curve to the left, along the westerly boundary
of Rockow-Coats, a distance of 416.22 feet and having a radius of
5,772.70 feet, to a point; thence
|
|
7.
|
N 20°24'55" E, a distance of 99.36 feet along the westerly
boundary line of Rockow-Coats, to the northwesterly property corner
thereof; thence
|
|
8.
|
N 88°11'05" E, a distance of 954.39 feet along the
northerly boundary line of Rockow-Coats to a point; thence
|
|
9.
|
N 89°59'02" E, a distance of 408.77 feet, continuing
along the northerly boundary line of Rockow-Coats to a point; thence
|
|
10.
|
N 87°56'05" E, a distance of 2,152.88 feet, continuing
along northerly boundary line of Rockow-Coats to a point on the northerly
boundary line of the lands now or formerly of 5121 West Henrietta
Road LLC, tax account number 175.03-1-16; thence
|
|
11.
|
S 20°56'39" W, a distance of 238.82 feet through the
Lands of 5121 West Henrietta Road to a point on the easterly boundary
line thereof; thence
|
|
12.
|
S 68°28'15" W, a distance of 362.67 feet along the
easterly boundary line of 5121 West Henrietta Road to a point; thence
|
|
13.
|
S 23°21'14" W, a distance of 588.84 feet, continuing
along the easterly boundary line of 5121 West Henrietta Road to a
point; thence
|
|
14.
|
S 69°44'25" E, a distance of 292.28 feet, continuing
along the easterly boundary line of 5121 West Henrietta Road to a
point; thence
|
|
15.
|
S 20°56'39" W, a distance of 1,295.66 feet, through
the lands of 5121 West Henrietta Road and across Brooks Road to a
point on the northerly highway boundary of the New York State Thruway,
Interstate Route 90; thence
|
|
The following 12 courses are along the northerly highway boundary
of the New York State Thruway, Interstate Route 90.
| |
|
16.
|
S 86°04'27" W, a distance of 735.57 feet to a point;
thence
|
|
17.
|
S 85°08'06" W, a distance of 842.82 feet to a point;
thence
|
|
18.
|
S 79°03'57" W, a distance of 646.45 feet to a point;
thence
|
|
19.
|
S 76°39'00" W, a distance of 654.29 feet to a point;
thence
|
|
20.
|
S 75°13'36" W, a distance of 1,023.90 feet to a point;
thence
|
|
21.
|
S 76°37'32" W, a distance of 1,215.27 feet to a point;
thence
|
|
22.
|
S 82°19'05" W, a distance of 196.01 feet to a point;
thence
|
|
23.
|
S 72°36'40" W, a distance of 1,277.91 feet to a point;
thence
|
|
24.
|
S 75°10'41" W, a distance of 850.42 feet to a point;
thence
|
|
25.
|
S 75°11'34" W, a distance of 364.55 feet to a point;
thence
|
|
26.
|
S 77°47'24" W, a distance of 1,081.80 feet to a point;
thence
|
|
27.
|
S 84°19'10" W, a distance of 923.12 feet to a point
on the centerline of East River Road; thence
|
|
28.
|
N 16°09'06" E, a distance of 2,258.34 feet, along the
centerline of East River Road to a point; thence
|
|
29.
|
N 16°16'16" E, a distance of 1,762.32 feet, continuing
along the centerline of East River Road to the POINT AND PLACE OF
BEGINNING.
|
|
Intending to describe an enclosed area of 598.782 acres, more
or less, proposed for rezoning to Rural Residential with Specifics
in the Town of Henrietta.
| |
A.
No single-family residential dwelling shall contain
a square-foot area less than that which is indicated in the following
chart. In determining such area, the measurements shall be made along
the exterior of the main foundation walls of one-story ranch, one-and-one
half story and two-story dwellings. Raised Ranch A and B dwellings
shall be the sum of the length and width of the floor above grade,
and Split-Level A and B dwellings shall be the sum of the total habitable
floor area on each level. These measurements shall exclude any portion
thereof occupied by a porch or areaway and any area occupied by a
garage attached to or forming a part of such building.
[Amended 4-6-2005; 7-20-2005 by L.L. No. 2-2005; 2-18-2015 by L.L. No. 1-2015]
|
Minimum Area
(square feet)
| ||||
|---|---|---|---|---|
|
Dwelling Type
|
R-1-20 District
|
R-1-15 and RR Districts
|
R-2-15 District
| |
|
One-story ranch
|
1,400
|
1,040
|
810
| |
|
Raised Ranch A
|
1,200
|
850
|
672
| |
|
Raised Ranch B
|
1,400
|
1,040
|
810
| |
|
One-and-one half story A
| ||||
|
First floor
|
1,200
|
850
|
672
| |
|
One-and-one half story B ("Cape Cod")
|
1,200
|
850
|
672
| |
|
First floor
|
1,200
|
850
|
672
| |
|
Second floor
|
The habitable area shall be less than 2/3 the area of the first
floor.
| |||
|
Split-Level A
|
1,200
|
850
|
672
| |
|
Split-Level B
|
1,400
|
1,040
|
810
| |
|
Two-story
| ||||
|
First floor
|
1,000
|
660
|
480
| |
|
Second story
|
600
|
264
|
192
| |
|
Total building
|
2,000
|
1,320
|
960
| |
B.
ONE-AND-ONE-HALF-STORY
ONE-STORY
RAISED RANCH A
RAISED RANCH B
SPLIT-LEVEL A
SPLIT-LEVEL B
TWO-STORY
For the purpose of this section the following definitions
will apply to the various types of single-family dwellings:
The habitable area being the first floor above grade and
in the second floor, the habitable area of the second floor being
not less than 2/3 of the area of the first floor.
A dwelling in which the only habitable area is one floor
area above grade.
A dwelling in which there is one habitable floor above grade
and a habitable basement both of approximately the same area, the
living area of the basement to be not less than 2/3 of the area of
the first floor.
A dwelling in which there is one habitable floor above grade
and a habitable basement both of approximately the same area, the
living area of the basement to be less than 2/3 of the area of the
first floor.
A dwelling in which part of the basement and all of the floor
areas above grade are habitable.
A dwelling in which none of the basement is habitable but
all of the over floor area above grade is habitable.
A dwelling in which there are two full habitable stories
above grade, each of approximately the same size.
C.
The habitable area in the second story of one-and-one-half-story
dwellings and the habitable basement area of Split-Level A and Raised
Ranch A dwellings need not be finished at the time the dwellings are
built, provided that no further structural work will be needed to
complete the finishing work.
D.
Garages are not to be considered as living area.
E.
As an additional requirement of Planning Board review,
it shall be a requirement that residential subdivisions be comprised
of dwelling types and/or exterior architecture and/or housing models/floor
plans that are sufficiently varied so as to avoid a uniform or monotonous
appearance in the proposed neighborhood.
[Added 11-2-1988; amended 6-22-2022 by L.L. No. 13-2022]
A.
Uses. No business, occupation, service or residence
shall be permitted. However, an attached garage made an integral part
of a residence building may provide living quarters on the second
floor.
B.
Parking of commercial vehicles. No commercial vehicles
with a rating of over 10,000 pounds gross vehicle weight, including
tractors, trailers or any other type of commercial vehicles, shall
be stored or parked overnight in any street or right-of-way of any
street or on any lot, land or premises in a residential district of
the Town of Henrietta, except in an enclosed structure. No display
vehicle for commercial purposes shall remain in any district or in
any public road for longer than a twenty-four-hour period. For the
purpose of this subsection, "overnight" shall be construed to mean
between the hours of 9:00 p.m. and 7:00 a.m.
C.
Exceptions. The foregoing provisions shall not apply
to recreation vehicles, boats and camping trailers, nor to construction
vehicles and equipment while actually and necessarily used in connection
with construction or other real property improvement projects.
[Amended 2-15-2006 by L.L. No. 1-2006; 2-27-2019 by L.L. No. 3-2019]
A.
Purpose and intent. It is the purpose of districts allowing multiple-dwelling
development to provide alternative housing opportunities of a greater
density than those of the other residential districts in the form
of multiple-dwelling development, such as apartments and townhouses.
Multiple dwellings are intended to meet the varied housing needs of
current and future residents. It is intended that multiple dwellings
be established only where public infrastructure and community services
are available to accommodate such uses and consistent with applicable
design guidelines.
B.
No multiple dwelling or group of multiple dwellings shall be erected or altered until a special use permit has been granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article XII of this chapter. Where a multiple dwelling is constructed or altered such that it is not in compliance with an applicable special use permit, then the special use permit may be revoked and the certificate of occupancy may be also thereby be revoked.
[Amended 4-12-2022 by L.L. No. 8-2022]
C.
Multiple-dwelling facilities shall only be allowed upon the issuance
of a special use permit by the Town Board, and only within the following
zoning districts:
[Amended 4-12-2022 by L.L. No. 8-2022]
(1)
R-2-15 Residential Districts;
(2)
B-2 Commercial Districts;
(3)
Mixed-use overlay districts, but only as a component use a part of a mixed use. In this case (the multiple dwelling), the additional requirements herein shall not apply (Instead, those requirements in Article IXA shall apply.), but a special use permit for the multiple dwelling will still be required; and
(4)
As senior housing only (no other types of multiple dwellings) in
the Rural Residential District.
D.
Multiple dwellings in commercial districts shall be limited to 50
feet in height. In residential districts, multiple dwellings shall
be limited to 35 feet in height. Where more than one multiple dwelling
is constructed or exists on a single site or plot so as to form a
group of apartment dwellings, each separate building shall conform
to the requirements for a single multiple dwelling and to such additional
requirements as are hereinafter stated. Townhouses, whether for sale
or rent, are permitted as multiple dwellings.
E.
Additional requirements.
(1)
Density and green space.
(a)
Multiple-dwelling structures in residential and commercial zones
shall occupy no more than 35% of the square footage of the parcel
on which they are constructed.
(b)
Additionally, the maximum density per acre for multiple dwellings
shall be no greater than six dwelling units per acre in the Rural
Residential District (for senior housing) and 12 dwelling units in
R-2-15 and Commercial B-2. A greater density shall only be permitted
upon approval by the Town Board as part of its special use permit
review.
[Amended 4-12-2022 by L.L. No. 8-2022]
(c)
At least 35% of a parcel containing a multiple dwelling shall
be set aside as green space.
(2)
Size of unit. No multiple dwelling as defined in this chapter shall
be erected, or existing structure altered or reconstructed to become
such, unless each unit thereof shall contain the following minimum
habitable area, exclusive of additional building area required for
common use of the tenants, such as lobbies, corridors, stairways,
elevator shafts and storage space, or for other common building areas
essential and incidental to the overall primary purpose:
(a)
Efficiency or studio dwelling units. An "efficiency" or "studio
dwelling unit" is defined as one which has no separate sleeping area
and consists of one room combining both living and sleeping space
and a kitchenette or kitchen and a bathroom. The area shall be not
less than 500 square feet. In residential zones not more than 25%
of the dwelling units in any multiple-dwelling building shall be of
the efficiency or studio type, and in commercial zones the proportion
shall not be over 50%.
(b)
A one-bedroom dwelling unit shall have an area of not less than
600 square feet.
(c)
A two-bedroom dwelling unit shall have an area of not less than
800 square feet.
(d)
A three-bedroom dwelling unit shall have an area of not less
than 950 square feet.
(3)
Content of unit. All dwelling units must contain at least one habitable
room and also a kitchenette or kitchen and bathroom with complete
bathroom facilities.
(4)
Setbacks. The front, side and rear setbacks from all property lines
to all multiple-dwelling buildings, parking areas and driveways shall
be not less than 60 feet, except that when adjoining property is commercial,
the setback may be not less than 30 feet.
(5)
Parking. All premises occupied by multiple dwellings shall have thereon at the site of the structure and completely off the limits of any street or highway improved and usable parking areas in compliance with § 295-44.
(6)
Distance between buildings in a dwelling group. No part of the main
foundation wall of any multiple dwelling in a group of multiple dwellings
occupying the same lot or site shall be closer than 40 feet to the
main foundation wall of any other apartment building in such group.
(7)
Preliminary hearing. Fourteen preliminary building and site development
plans, the latter showing locations of proposed buildings, drives,
parking facilities and type of screening as may be required, shall
be presented to the Building Inspector or designee for staff review
and distribution with the application for multiple dwelling or dwelling
group development. There may be a preliminary hearing before the Town
Board, and the Town Board may require such additional provisions and
conditions as appear essential to the promotion of the public health,
safety and general welfare.
[Amended 6-26-2019 by L.L. No. 5-2019]
(8)
Garbage and trash.
(a)
Adequate provisions must be made on the premises for such safe
and convenient storage and removal of garbage as will best promote
the public health, safety and general welfare.
(b)
Areas for the storage of garbage shall be readily accessible
for removal and clearing, suitably protected from rodent infestation
and visually shielded and shall meet all requirements of the Monroe
County Department of Health.
(9)
All multiple-dwelling applications shall be subject to an initial
pre-application meeting for purposes of undergoing a preliminary concept
plan review with the Director of Engineering and Planning and appropriate
reviewing board members and staff to discuss overall project feasibility.
(10)
All multiple-dwelling facilities shall be adequately served
by municipal public water and sewer.
(11)
All utilities shall be placed underground, including, but not
limited to, sewer, water, electric and communication lines.
(12)
All multiple dwellings shall provide safe and convenient pedestrian
amenities, including sidewalks for internal site circulation and connections
to public sidewalks where available or planned to be available.
(13)
All off-site mitigation and improvements necessitated by the
proposed development shall be the responsibility of the developer
and shall be completed prior to the issuance of a certificate of occupancy
(unless a phasing plan approved as part of the special use permit
provides otherwise).
(14)
The scale, massing, and height of multiple-dwelling buildings
shall be consistent with the existing or planned character of the
adjacent neighborhood and not dominate local views or visual character.
(15)
The architectural theme of buildings, use of building materials,
and extensive use of site landscaping shall be in harmony with the
residential character of the neighborhood. Existing site features
which add value to the development or to the Town, such as mature
trees, watercourses, wetlands, topography, historic assets, or similar
irreplaceable open space resources shall be preserved to the maximum
extent feasible through the design and layout of buildings, driveways,
walkways, and parking that is sensitive to the context of surrounding
views and uses.
(16)
Recreational open space sufficient to serve the residents at
the property shall be provided in all newly constructed multiple-dwelling
developments. No less than 50% of the undeveloped open space required
to be set aside shall be dedicated as recreational space for use by
residents of the dwelling units. Such recreational areas shall be
usable and accessible and shall not include wetlands, steep slopes
(exceeding 15% grade), or acreage used for other development purposes,
such as utilities, sewer and water, stormwater management, or other
purposes.
(17)
No accessory structures shall be visually dominant over the
view of the principal use building from a primary public roadway or
constructed within 50 feet of any access road or 10 feet from any
parking area.
(18)
Special use permit approval requires evidence that traffic generation
has been sufficiently analyzed and that all adverse impacts will be
properly mitigated to the satisfaction of the transportation agency
with jurisdiction.
[Amended 4-12-2022 by L.L. No. 8-2022]
