[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.
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.
(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.
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.
(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.
(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.
