Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[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 permit from the Town Board after a public hearing as provided in Article XII of this chapter. A special permit shall be required to locate two or more buildings with separate entrances on the same lot.
(1) 
Stores and shops for the conducting of any retail business.
(2) 
Personal service shops (barbershops, beauty shops, etc.).
(3) 
Banks, theaters (excluding drive-in theaters), offices, office buildings and undertakers' establishments.
(4) 
Banking, confectionary, 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) 
Any other uses permitted in any residential districts subject to the same provisions as would apply in a residential district and subject to the provisions of Subsection B(7) of this section.
(7) 
Animal hospitals.
(8) 
Wholesale houses.
(9) 
Warehouses.
[Amended 6-7-2017 by L.L. No. 2-2017]
(10) 
Sales of boats and marine supplies.
(11) 
Residential rooftop solar energy systems.
[Added 6-21-2017 by L.L. No. 4-2017]
B. 
The following uses shall be permitted in B-1 Commercial Districts, subject in each case to the granting of a special 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 ]
(1) 
Poolrooms and billiard rooms.
(2) 
Motels, hotels, motor courts, restaurants 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 or fast-food restaurants.
(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) 
Small-scale solar energy systems.
[Added 6-21-2017 by L.L. No. 4-2017]
C. 
Buffer zones.
(1) 
When any new building, addition to an existing building or structure is proposed to be erected on any land in this district which abuts any property zoned residential, before any building permit may be issued, the applicant shall submit to the Planning Board, and obtain the approval of such Board on, a site plan showing a minimum of a fifty-foot buffer zone on the applicant's property along the boundary of the applicant's property and any property zoned residential.
(2) 
The intent of the buffer zone is to provide for a visual and, where appropriate, a sound buffer between the residential property and the applicant's property. The Planning Board may require the applicant to landscape such area and construct berms, fences or other appropriate barriers to provide for such buffer. The applicant, prior to commencing any construction on the site, shall post with the Town of Henrietta a letter of credit or other security in a form acceptable to the Town in an amount sufficient to insure the installation of such materials and plantings as the Planning Board determines necessary. In the case of any landscape material, the applicant shall provide a maintenance guaranty in a form acceptable to the Town in addition to the security or letter of credit set out above for the replacement of any landscaping material that dies within the first two years of planting of said materials.
(3) 
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.
(4) 
The maintenance of the buffer zone shall be the responsibility of the owner of the property, and failure to maintain the buffer zone shall be subject to enforcement by issuance of an appearance ticket provided under Chapter 25, Appearance Tickets, of the Code of the Town of Henrietta.
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. However, this prohibition shall not apply to lots fronting on West Henrietta Road between Jefferson Road and Lehigh Station Road. Such use may be permitted in that location upon obtaining a special permit from the Town Board after notice and a public hearing in accordance with procedures set forth in Article XII 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]
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]
[Amended 6-20-2001 by L.L. No. 3-2001]
A. 
The following uses are permitted in B-2 Commercial Districts:
(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) 
Any other uses permitted in any residential district, subject to the same provisions as would apply in a residential district.
(3) 
Banks.
(4) 
Medical centers.
(5) 
Offices and office buildings.
(6) 
Professional buildings.
(7) 
Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited by § 295-16B, upon obtaining a special permit from the Town Board after notice and a public hearing in accordance with the procedures set forth in Article XII of this chapter.
(8) 
Residential rooftop solar energy systems.
[Added 6-21-2017 by L.L. No. 4-2017]
(9) 
Small-scale solar energy systems, subejct to obtaining a special permit.
[Added 6-21-2017 by L.L. No. 4-2017]
(10) 
Large-scale solar energy system, subject to obtaining a special permit.
[Added 6-21-2017 by L.L. No. 4-2017]
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]
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 permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
D. 
Buffer zones.
[Added 2-2-2000 by L.L. No. 1-2000]
(1) 
When any new building, addition to an existing building or structure is proposed to be erected on any land in this district which abuts any property zoned residential, before any building permit may be issued, the applicant shall submit to the Planning Board, and obtain the approval of such Board on, a site plan showing a minimum of a fifty-foot buffer zone on the applicant's property along the boundary of the applicant's property and any property zoned residential.
(2) 
The intent of the buffer zone is to provide for a visual and, where appropriate, a sound buffer between the residential property and the applicant's property. The Planning Board may require the applicant to landscape such area and construct berms, fences or other appropriate barriers to provide for such buffer. The applicant, prior to commencing any construction on the site, shall post with the Town of Henrietta a letter of credit or other security in a form acceptable to the Town in an amount sufficient to insure the installation of such materials and plantings as the Planning Board determines necessary. In the case of any landscape material, the applicant shall provide a maintenance guaranty in a form acceptable to the Town in addition to the security or letter of credit set out above for the replacement of any landscaping material that dies within the first two years of planting of said materials.
(3) 
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.
(4) 
The maintenance of the buffer zone shall be the responsibility of the owner of the property, and failure to maintain the buffer zone shall be subject to enforcement by issuance of an appearance ticket provided under Chapter 25, Appearance Tickets, of the Code of the Town of Henrietta.
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.
No building or structure shall be erected to a height in excess of 40 feet except by a special permit by the Town Board after a public hearing in accordance with the procedures set forth in Article XII of this chapter.
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.
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.
(b) 
Retail or department stores.
(c) 
Personal services, such as dry cleaners, laundromats, beauty parlors and barbershops.
(d) 
Business and professional offices.
(e) 
Commercial business schools.
(f) 
Restaurants and bars.
(g) 
Hotels and motels.
(h) 
Indoor recreation facilities.
(i) 
Religious institutions.
(j) 
Community centers.
(k) 
Indoor theaters.
(l) 
Radio and television studios.
(m) 
Enclosed accessory uses.
(n) 
Parking.
(o) 
Rooftop residential solar energy systems.
[Added 6-21-2017 by L.L. No. 4-2017]
(2) 
Uses requiring special permit. The following uses shall be permitted in PCD Planned Commercial Districts, subject in each case to the granting of a special 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:
(a) 
Public garages.
(b) 
Gasoline filling stations, subject to the requirements of § 295-48 of this chapter.
(c) 
Poolrooms and billiard, pinball or other rooms.
(d) 
Outdoor or drive-in theaters.
(e) 
Fruit or vegetable stands, hot dog stands, ice cream stands and other roadside stands.
(f) 
Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited by § 295-15, upon obtaining a special permit from the Town Board and notice and a public hearing as provided in Article XII of this chapter.
(g) 
Private heliports. Private heliports shall only be permitted in accordance with § 295-14B(8).
(h) 
Self-storage facilities.
[Added 8-8-2018 by L.L. No. 6-2018]
(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 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) 
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 permit of the Town Board.
(g) 
Buffer zones.
[Added 2-2-2000 by L.L. No. 1-2000]
[1] 
When any new building, addition to an existing building or structure is proposed to be erected on any land in this district which abuts any property zoned residential, before any building permit may be issued, the applicant shall submit to the Planning Board, and obtain the approval of such Board on, a site plan showing a minimum of a fifty-foot buffer zone on the applicant's property along the boundary of the applicant's property and any property zoned residential.
[2] 
The intent of the buffer zone is to provide for a visual and, where appropriate, a sound buffer between the residential property and the applicant's property. The Planning Board may require the applicant to landscape such area and construct berms, fences or other appropriate barriers to provide for such buffer. The applicant, prior to commencing any construction on the site, shall post with the Town of Henrietta a letter of credit or other security in a form acceptable to the Town in an amount sufficient to insure the installation of such materials and plantings as the Planning Board determines necessary. In the case of any landscape material, the applicant shall provide a maintenance guaranty in a form acceptable to the Town in addition to the security or letter of credit set out above for the replacement of any landscaping material that dies within the first two years of planting of said materials.
[3] 
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.
[4] 
The maintenance of the buffer zone shall be the responsibility of the owner of the property, and failure to maintain the buffer zone shall be subject to enforcement by issuance of an appearance ticket provided under Chapter 25, Appearance Tickets, of the Code of the Town of Henrietta.