[Added 2-27-2019 by L.L.
No. 3-2019]
It is the principal purpose of the B-1 and B-2 Commercial Districts
to provide for businesses that meet the local day-to-day shopping
and service needs of residents and visitors that draw from neighborhood
and regional populations, in a manner that is compatible with surrounding
uses and supports the desired visual character of the Town. These
districts are appropriately located along major transportation corridors
and within areas served by public infrastructure and that can be adequately
buffered from adjacent residential neighborhoods.
[Amended 6-20-1990; 7-19-2000 by L.L. No. 3-2000; 2-18-2015 by L.L. No. 1-2015]
A.
Except as hereinafter limited or prohibited, the following uses are permitted in B-1 Commercial Districts. The uses permitted under Subsection A(1), (2), (3), (4), (5), (7), (8), (9) and (10) are permitted to be carried on only within a building. If a material part of said business is to be carried on out of doors, the user shall first obtain a special use permit from the Town Board after a public hearing as provided in Article XII of this chapter. A special use permit shall be required to locate two or more buildings with separate entrances on the same lot.
[Amended 6-7-2017 by L.L.
No. 2-2017; 6-21-2017 by L.L. No. 4-2017; 2-27-2019 by L.L. No. 3-2019; 6-26-2019 by L.L. No. 5-2019; 9-22-2021 by L.L. No. 12-2021; 12-8-2021 by L.L. No.
15-2021; 4-12-2022 by L.L. No. 8-2022]
(2)
Personal service shops (barbershops, beauty shops,
etc.).
(3)
Banks, theaters (excluding drive-in theaters), offices,
office buildings and undertakers' establishments.
(4)
Banking, confectionery, dressmaking, laundry and tailoring
shops, provided that all goods or products manufactured or processed
shall be sold at retail on the premises.
(5)
Plumbing and heating appliance and electrical stores.
(6)
Animal hospitals.
(7)
Wholesale houses.
(8)
Warehouses.
(9)
Sales of boats and marine supplies.
(10)
Rooftop residential solar energy systems.
[Amended 11-16-2022 by L.L. No. 21-2022]
(11)
Public parks, playgrounds and similar recreational areas and
structures not operated for gain.
(12)
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.
(13)
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.
(14)
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.
(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 at Subsection A(14)(a) above shall apply.
(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 licensing and inspection requirements at Subsection A(15)(a) above
shall apply.
(15)
Nursing homes and comfort care homes, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
(16)
Small-scale solar energy systems.
(17)
Rooftop nonresidential solar energy system.
[Added 11-16-2022 by L.L. No. 21-2022]
B.
The following uses shall be permitted in B-1 Commercial Districts, subject in each case to the granting of a special use permit by the Town Board of the Town of Henrietta after a public hearing as provided in Article XII and in accordance with the procedures set forth in Article XII of this chapter:
[Amended 6-21-2017 by L.L. No. 4-2017; 6-30-2021 by L.L. No. 6-2021; 9-22-2021 by L.L. No. 12-2021; 1-26-2022 by L.L. No.
1-2022; 2-24-2022 by L.L. No. 4-2022; 3-23-2022 by L.L. No. 7-2022; 4-12-2022 by L.L. No. 8-2022]
(1)
Poolrooms and billiard rooms.
(2)
Motels, hotels, motor courts, bars, taverns, and bowling
alleys.
(3)
Dry-cleaning establishments.
(4)
Outdoor or drive-in theaters.
(5)
Fruit and vegetable stands, hot dog stands, ice cream
stands, and other roadside stands.
(6)
Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited. (See § 295-15.)
(7)
A residence or residences and private garages, subject
to all the regulations as to building height, lot occupancy, size
of lot and yards, minimum building size and other regulations applicable
to residences and garages in R-2-15 Districts.
(8)
Medium-scale
solar energy systems.
(9)
Motor
vehicle showroom, sales and service facilities, but only on lots fronting
West Henrietta Road between Jefferson Road and Lehigh Station Road,
and only upon obtaining a special use permit from the Town Board.
(10)
Vehicle storage lots for dealerships/motor vehicle sales businesses,
for new cars and trucks only, for dealerships/motor vehicle sales
businesses legally existing in the Town of Henrietta, for the purposes
of storing new vehicles for sale through said Town of Henrietta dealership/motor
vehicle sales business off site, but only if there is no customer
activity and no sales activity taking place on the storage lot, and
only upon obtaining a special use permit from the Town Board, which
special use permit may be issued for a limited duration (and which
may be renewed upon application therefore under these same regulations).
Additional factors to be assessed upon considering the special use
permit include minimizing the visual impact of the storage lot from
any public street; minimizing the visual impact on any surrounding
properties (especially residential properties); minimizing the impact
on the operation of any surrounding properties; whether the parking
lot will comprise re-use of an existing parking lot and, if not, the
visual and environmental impacts expected as a result of paving required;
and sufficient ingress, egress and circulation for the safe loading
and unloading of vehicles.
(11)
Retail firearm and ammunition sales.
(13)
Cannabis retail dispensaries, subject to obtaining a special permit,
but only on lots with zoning street frontage sufficient for ingress/egress
to the dispensary on: a) Jefferson Road, between John Street and Winton
Road; or b) West Henrietta Road, between Dorschel Parkway and the
CSX Rail overpass north of Jefferson Road.
(15)
Smoke shops, subject to obtaining a special use permit in accordance with § 295-54.1, but only on lots with zoning street frontage sufficient for ingress/egress to the smoke shop on a) Jefferson Road, between John Street and Winton Road, or b) West Henrietta Road, between Dorschel Parkway (the private road situated at the southern edge of 3755 West Henrietta Road, parcel ID 161.15-1-27.11) and the CSX Rail overpass north of Jefferson Road.
[Added 10-25-2023 by L.L. No. 10-2023]
C.
Minimum transitional buffers shall be required as per § 295-32 herein.
[Amended 2-27-2019 by L.L. No. 3-2019]
D.
The applicant, in its submission to the Planning Board, shall provide
the Planning Board and the Engineering Department of the Town of Henrietta
with such plans as are necessary to show the natural and established
flow of surface water and the anticipated flow of water after construction
and, where necessary, shall provide for, at the applicant's cost,
the installation of swales, catch basins, storm drains, detention
or retention ponds and such other methods of controlling the surface
water as deemed necessary by the Planning Board and the Engineering
Department.
[Added 2-27-2019 by L.L.
No. 3-2019]
No building, structure or premises shall be
erected, constructed or used within any B-1 Commercial District for
any of the following purposes:
A.
Automobile dismantling or junkyards.
B.
Used car lots.
C.
Junk, scrap metal, paper or rag storage, cloth clippings,
sorting or bailing.
D.
Airports.
E.
Cemeteries.
F.
Garbage, rubbish or refuse dumps other than town-owned
dumps.
G.
Public heliports.
H.
All uses that are noxious, offensive, dangerous or
injurious by reason of production or emission of dust, smoke, refuse
matter, odor, gas fumes, noise, vibration, radiation or similar substances
or conditions or which constitute a nuisance.
I.
Public garages.
[Added 6-20-1990]
J.
Gasoline filling stations and motor vehicle service
or supply stations.
[Added 6-20-1990]
K.
Motor vehicle showroom, sales and service facilities, except as specifically permitted under § 295-14B(9) of this chapter.
[Added 6-20-1990; amended 2-6-2002 by L.L. No. 2-2002; 2-18-2015 by L.L. No. 1-2015; 8-8-2018 by L.L. No. 7-2018; 6-30-2021 by L.L. No. 6-2021]
L.
Any use not otherwise enumerated herein as permitted in a B-1 District.
[Added 2-18-2015 by L.L.
No. 1-2015]
M.
Self-storage
facilities.
[Added 8-8-2018 by L.L.
No. 6-2018]
N.
Multiple dwellings.
[Added 2-27-2019 by L.L.
No. 3-2019]
O.
Cannabis retail dispensaries, except only as otherwise specially permitted at § 295-14B(13).
[Added 12-8-2021 by L.L.
No. 15-2021; amended 3-23-2022 by L.L. No. 7-2022]
P.
Cannabis on-site consumption sites.
[Added 12-8-2021 by L.L.
No. 15-2021]
[Amended 6-20-2001 by L.L. No. 3-2001]
A.
The following uses are permitted in B-2 Commercial
Districts:
[Amended 6-21-2017 by L.L. No. 4-2017; 2-27-2019 by L.L. No. 3-2019]
(1)
A residence or residences and private garages subject
to all the regulations as to building height, lot occupancy, size
of lot and yards, minimum building size and other regulations applicable
to residences and garages in R-1-15 Residential Districts.
(2)
Banks.
(3)
Medical centers.
(4)
Offices and office buildings.
(5)
Professional buildings.
(6)
Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited by § 295-16B, upon obtaining a special use permit from the Town Board after notice and a public hearing in accordance with the procedures set forth in Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
(7)
Rooftop
residential solar energy systems.
[Amended 11-16-2022 by L.L. No. 21-2022]
(9)
Small-scale
solar energy systems.
[Amended 9-22-2021 by L.L. No. 12-2021]
(10)
Medium-scale solar energy systems, subject to obtaining a special
use permit.
[Amended 9-22-2021 by L.L. No. 12-2021]
(11)
Multiple dwellings, upon issuance of a special use permit, all in accordance with § 295-13.
[Amended 4-12-2022 by L.L. No. 8-2022]
(12)
Public parks, playgrounds and similar recreational areas and
structures not operated for gain.
(13)
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.
(14)
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.
(15)
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 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 at Subsection A(14)(a) above 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 licensing and inspection requirements at Subsection A(14)(a) above
shall apply.
[Amended 6-26-2019 by L.L. No. 5-2019]
B.
The following uses are prohibited in B-2 Commercial
Districts:
(1)
Amusement parks.
(2)
Miniature golf courses.
(3)
Automobile dismantling or junkyards, cloth clipping,
sorting or bailing.
(4)
Used car lots.
(5)
Junk, scrap metal, paper or rag storage.
(6)
Airports.
(7)
Cemeteries.
(8)
Garbage, rubbish or refuse dumps.
(9)
Public garages or gasoline filling stations.
(10)
Poolrooms or billiard rooms.
(11)
Bowling alleys.
(12)
Dry-cleaning establishments.
(13)
Billboards, meaning signs not used in connection with a commercial use conducted on the premises, except that signs used in connection with the sale, lease or development of these premises or adjoining premises shall be permitted, subject to the provisions of Chapter 224, Signs.
(14)
Outdoor or drive-in theaters.
(15)
Automobile showrooms.
(16)
Outdoor or roadside stands, including fruit
and vegetable stands and drive-up hot dog and ice cream stands.
(17)
Bars, taverns and restaurants serving alcoholic
beverages for on-premises consumption.
(18)
Animal hospitals.
(19)
Any use not otherwise enumerated herein as permitted in a B-2
District.
[Added 2-18-2015 by L.L.
No. 1-2015]
(20)
Self-storage facilities.
[Added 8-8-2018 by L.L.
No. 6-2018]
(21)
Cannabis retail dispensaries.
[Added 12-8-2021 by L.L.
No. 15-2021]
(22)
Cannabis on-site consumption sites.
[Added 12-8-2021 by L.L.
No. 15-2021]
(23)
Smoke shops.
[Added 10-25-2023 by L.L. No. 10-2023]
C.
Total building square footage on a site in a B-2 District shall not exceed 40,000 square feet and in no event more than 50% of the site area without 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]
D.
Minimum transitional buffers shall be required as per § 295-32 herein.
[Added 2-2-2000 by L.L.
No. 1-2000; amended 2-27-2019 by L.L. No. 3-2019]
E.
The applicant, in its submission to the Planning Board, shall provide
the Planning Board and the Engineering Department of the Town of Henrietta
with such plans as are necessary to show the natural and established
flow of surface water and the anticipated flow of water after construction
and, where necessary, shall provide for, at the applicant's cost,
the installation of swales, catch basins, storm drains, detention
or retention ponds and such other methods of controlling the surface
water as deemed necessary by the Planning Board and the Engineering
Department.
[Added 2-27-2019 by L.L.
No. 3-2019]
A.
As a condition to the issuance of a permit for any
commercial use in commercial districts, the owner shall construct
a mall at least 20 feet in width, measured at right angles to the
highway, immediately adjacent to the highway on which the lands to
be used commercially abut, along the entire frontage of the owner's
property. Such mall shall have structures at least one foot high,
one on each side of said mall, to prevent vehicles from driving over
the mall. The owner shall plant such mall with grass or other plants
for ground cover and shall, if required by the Planning Board, plant
trees thereon. A maximum of 25% of the frontage may be excluded from
the mall for private access drives.
[Amended 2-18-2015 by L.L. No. 1-2015]
B.
The applicant for a commercial permit shall submit
plans and specifications for such mall to the Planning Board prior
to the application for a building permit. Until such mall has been
constructed according to the approved plans and specifications so
submitted, no certificates of occupancy for such premises shall be
issued.
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
No building or structure shall be erected to a height in excess of 30 feet except by a special use permit by the Town Board after a public hearing in accordance with the procedures set forth in Article XII of this chapter, except that multiple dwellings may be constructed to 50 feet in the B-2 District.
A.
Front yard depth shall be 80 feet on Town roads and
125 feet on county and state roads, except that in the event existing
buildings within 200 feet on either side thereof extend nearer than
80 feet to the street line, such minimum front yard depth shall be
the average setback of such existing buildings, but in no case less
than 50 feet from a street line. The front yard depth of lots located
on the inside part of a curve shall be measured from the nearest point
of the cord connecting the arc establishing the front line of the
lot to the main building line. This depth provision is for the purpose
of providing suitable off-street parking areas.
B.
Side yards shall be five feet. Buildings, the exterior
walls of which are constructed of fire-resistant materials, may be
erected on lot lines in cases where the adjoining lot is classified
as an industrial or commercial district and a means of ingress to
and egress from the rear parking and loading areas is provided. On
corner lots no building shall be nearer than 50 feet to the side of
the lot abutting the side street.
C.
Rear yard depth shall be 60 feet. This provision is
for the purpose of establishing suitable loading and unloading areas
and of providing suitable off-street parking areas. Rear yards may
be reduced, by Planning Board approval, to 30 feet if no loading or
unloading occurs in this area.
D.
Before any building permit may be issued for new buildings
or structures in commercial districts, the applicant shall submit
to the Planning Board, and obtain the approval of such Board on, site
plans with reference to building location, landscaping, lighting,
walls, parking and drainage, to assure that the building is in harmony
with the character of the neighborhood.
E.
Notwithstanding
the above, for those shared parcel boundaries (i.e., lot lines) which
are internal to a shopping plaza comprised of multiple parcels, where
the parcels in question are part of the same such shopping plaza such
that they are generally operated as and held out to be a part of such
single shopping plaza, all setback requirements for such parcel boundaries
internal to the shopping plaza shall be in accordance with side setback
requirements (even for those that would otherwise require front or
rear setbacks), but only so long as:
[Added 2-22-2023 by L.L. No. 3-2023]
A.
Intent of regulations. The regulations for Planned
Commercial Districts (PCD) are intended to provide for the grouping
of buildings that will constitute a convenient, efficient shopping
center and/or office center designed as a planned and harmonious unit.
A specific intent is to provide commercial areas designed to handle
large traffic volumes and for well-planned commercial uses which serve
the motoring public, users of mass transit and pedestrians. It is
the specific intent to prohibit uses and designs that would be detrimental
or inharmonious to adjoining districts, particularly residential districts,
or those that would be detrimental to the orderly flow of pedestrian
or vehicular traffic.
B.
Regulations.
(1)
Permitted uses. The following uses are permitted:
(a)
Shopping centers.
(c)
Personal services, such as dry cleaners, laundromats,
beauty parlors and barbershops.
(d)
Business and professional offices.
(e)
Commercial business schools.
(g)
Indoor recreation facilities.
(h)
Religious institutions.
(i)
Community centers.
(j)
Indoor theaters.
(k)
Radio and television studios.
(l)
Enclosed accessory uses.
(m)
Parking.
(n)
Rooftop residential solar energy systems.
[Added 6-21-2017 by L.L.
No. 4-2017]
(o)
Small-scale solar energy systems.
[Added 9-22-2021 by L.L. No. 12-2021]
(p)
Rooftop nonresidential solar energy system.
[Added 11-16-2022 by L.L. No. 21-2022]
(2)
Uses requiring special use permit. The following uses shall be permitted in PCD Planned Commercial Districts, subject in each case to the granting of a special use permit by the Town Board after a public hearing as provided in Article XII and in accordance with the requirements as set forth in Article XII of this chapter:
[Amended 8-8-2018 by L.L.
No. 6-2018; 2-27-2019 by L.L. No. 3-2019; 2-24-2022 by L.L. No. 4-2022; 4-12-2022 by L.L. No. 8-2022]
(3)
Prohibited uses. All uses prohibited in B-1 Commercial Districts, § 295-15, shall be prohibited in PCD Planned Commercial Districts, except for public garages, gasoline filling stations or motor vehicle service and supply stations or motor vehicle showroom, sales and service facilities, which shall be permitted only upon the granting of a special use permit by the Town Board of the Town of Henrietta after a public hearing as provided in Article XII and in accordance with the procedures set forth in Article XII of this chapter, and further upon the requirements set forth in § 295-48 of this chapter for gasoline filling stations and motor vehicle service and supply stations.
[Amended 6-20-1990; 4-12-2022 by L.L. No. 8-2022]
(4)
Area, yard, coverage and height requirements.
(a)
The district area minimum shall be 10 acres.
(b)
The district width minimum shall be 400 feet.
(c)
The district depth minimum shall be 500 feet.
(d)
Yards required. The design shall not include
any building closer than 80 feet to a public street right-of-way or
100 feet to an abutting residential or agricultural district.
(e)
Maximum coverage shall be 30%.
(f)
The maximum height of a building or structure
of any kind shall be 40 feet, except by special use permit of the
Town Board.
[Amended 4-12-2022 by L.L. No. 8-2022]
(g)
Minimum transitional buffers shall be required as per § 295-32 herein.
[Added 2-2-2000 by L.L.
No. 1-2000; amended 2-27-2019 by L.L. No. 3-2019]
(h)
The applicant, in its submission to the Planning Board, shall
provide the Planning Board and the Engineering Department of the Town
of Henrietta with such plans as are necessary to show the natural
and established flow of surface water and the anticipated flow of
water after construction and, where necessary, shall provide for,
at the applicant's cost, the installation of swales, catch basins,
storm drains, detention or retention ponds and such other methods
of controlling the surface water as deemed necessary by the Planning
Board and the Engineering Department.
[Added 2-27-2019 by L.L.
No. 3-2019]
[Added 6-9-2022 by L.L. No. 12-2022]
The following additional zoning regulations (i.e., conditions
and/or "specifics") shall apply to the parcels/lands identified below
(via reference to the Zoning Map Designation), in addition to the
regulations of the standard zoning district(s) pertaining to such
lands (i.e., the regulations of the Industrial District), all as set
forth below. Where there is any inconsistency between the regulations
of the standard zoning district and these additional regulations,
these additional regulations shall prevail.
A.
"Marketplace Mall B-1 Commercial Lands" at Zoning Map Designation:
D(6).
(1)
That the specific use for this land for a shopping mall is hereby
approved without the need for further site plan approval, except as
hereinafter enumerated, and that those areas designated on the developer's
plans as of the date of the public hearing which are marked "undeveloped"
or "yet to be developed" shall be subject to preliminary and final
site plan approval by the Henrietta Planning Board in the manner presently
required by the present Henrietta Planned Unit Development Ordinance.
Among other matters deemed to be pertinent by the Planning Board,
particular effort shall be directed towards securing realistic means
of vehicular and pedestrian ingress and egress to the subject site
from contiguous lands so as to provide coordination of facilities
with such contiguous lands.
(2)
That prior to construction of the mall, all provisions of the
existing Drainage Ordinance of the Town of Henrietta shall be met,
and detailed drainage plans shall be submitted to the Director of
Engineering and Planning for his review and approval, and, in addition
thereto, all flood control measures presently in effect in the Town
of Henrietta shell be met, but the developer shall be given the option
of presenting its own flood control data to the Town Board for its
review and approval.
(3)
That the developer shall present to the Town Board for its review
and approval, detailed landscaping, lighting, sign, and parking plans.
Such parking and landscaping plans shall provide the minimum number
of parking spaces which are economically feasible.
(4)
That the balance of the land which is designated in the Henrietta
Comprehensive Land Use Plan as high-density planned unit development
shall not be developed until such time as an article for the Town
Zoning Ordinance which provides for a high-density planned unit development
is adopted by the Town Board. It is understood that the owners of
such parcels shall work closely with the Town in framing such an ordinance.
Rezoning of this parcel or parcels and the subject premises as a high-density
planned unit development shall follow the adoption of this article.
(5)
That until the adoption of a high-density planned unit development
ordinance, all applications for preliminary and final site plan approvals
for the areas enumerated "undeveloped" or "yet to be developed" shall
be referred to the Monroe County Planning Department for advisory
reports. Such reports shall be rendered to the Town Board within 30
days of referral. This ordinance shall become effective within 10
days of the posting and publishing of the same in accordance with
the provisions of applicable law.
B.
"St. Patrick Park B-1 Commercial" for lands at Zoning Map Designation:
D(14).
(1)
The rezoning of the subject parcel is expressly subject to and
conditioned upon the conveyance by the owners of a parcel of land
comprising Tax Account 558-265 described below and approximately 18.32
acres in size (Parcel north of St. Patrick Drive, Tax ID #161.19-1-13).
The parcel to be conveyed to the Town shall be designated on the Zoning
Map as public lands for park use.
(2)
It is understood and agreed that there shall be no ingress or
egress to and from the lands hereby rezoned and the portion to be
conveyed to the Town.
(3)
The owners may erect at their expense in a manner and location
to be approved by the Town Board a suitable plaque commemorating the
dedication of the subject portion of their lands to the Town of Henrietta
for public purposes.
C.
"East Henrietta, Wright-Calkins B-1 Commercial" for lands at Zoning
Map Designation: D(15).
(1)
Permitted uses.
(a)
Medical centers.
(b)
Offices and office buildings.
(c)
Banks.
(d)
Professional buildings.
(e)
Any other business or commercial uses not specifically enumerated herein and not specifically prohibited by § 295-15 or § 295-16B may be allowed upon obtaining a special use permit from the Town Board after notice and a public hearing in accordance with the procedures as set forth in Article XII of this chapter.
(3)
Additional considerations.
(a)
A visual screen buffer between commercial and residential will
be established along the western boundary. This buffer will be reviewed
by the Planning Board at the time of site plan approval.
(b)
Curb cuts to the rezoned area will be limited to those presently
provided by the New York State road and sidewalk system.
D.
"East Henrietta, Calkins-Castle B-2 Commercial" for lands at Zoning
Map Designation: E(3).
(1)
No building permit shall be issued for buildings or structures
in any part of the premises described in Exhibit A unless and until
the applicant shall have first submitted to the Planning Board of
the Town of Henrietta and obtained the approval of such Board of site
plans with reference to building location, landscaping, lighting,
parking, drainage construction, and remodeling of existing buildings
or structures.
(2)
In no event shall parking be permitted in the rear of any building.
