[Added 3-22-1994]
Except as provided in § 295-22, the following uses are permitted in ILCD Industrial/Limited Commercial Districts:
A.
Miniature golf courses.
B.
Restaurants, subject to obtaining special use permit, including additional requirements at § 295-54.1.
[Amended 2-24-2022 by L.L. No. 4-2022]
C.
Adult use establishments.
[Amended 6-20-2001 by L.L. No. 3-2001]
D.
Car washes.
E.
Automobile repair shops.
F.
Cold storage/warehousing.
G.
Veterinarian medicine practices.
H.
Trucking companies.
I.
Those uses listed as permitted uses in the Industrial District.
[Amended 2-27-2019 by L.L. No. 3-2019]
J.
Rooftop
residential solar energy systems.
[Added 6-21-2017 by L.L.
No. 4-2017]
L.
Small-scale
solar energy systems.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021]
M.
Medium-scale
solar energy systems, subject to obtaining a special use permit.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021]
N.
Public garages, gasoline filling stations or motor vehicle service and supply stations, which shall be permitted only upon the granting of 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, and further upon the requirements set forth in § 295-48 of this chapter for gasoline filling stations and motor vehicle service and supply stations.
[Added 2-27-2019 by L.L.
No. 3-2019; amended 4-12-2022 by L.L. No. 8-2022]
O.
So long as the Town does not have in place a local law calling for
the prohibition of licensure of the same pursuant to Cannabis Law
§ 131 (i.e., an "opt out" local law, which, if any, shall
take precedence over and supersede the following), cannabis retail
dispensaries, subject to obtaining a special use permit.[2]
[Added 12-8-2021 by L.L.
No. 15-2021]
P.
So long as the Town does not have in place a local law calling for
the prohibition of licensure of the same pursuant to Cannabis Law
§ 131 (i.e., an "opt out" local law, which, if any, shall
take precedence over and supersede the following), cannabis on-site
consumption sites, subject to obtaining a special use permit.[3]
[Added 12-8-2021 by L.L.
No. 15-2021]
Q.
Specialty motor vehicle limited showroom and sales, subject to obtaining
a special use permit.
[Added 3-9-2022 by L.L.
No. 6-2022]
The following uses are prohibited in industrial/limited
commercial districts:
A.
Single-family dwellings, two-family dwellings, boardinghouses
and nursing homes.
B.
All uses of land, buildings and structures that may
be noxious, offensive or injurious by reason of production or emission
of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or
similar substances or conditions.
C.
All uses prohibited in commercial districts by § 295-15 are prohibited in ILCD Districts unless expressly permitted herein.
[Amended 2-27-2019 by L.L. No. 3-2019]
D.
Any use not otherwise specified herein as permitted in an ILCD District.
[Added 2-18-2015 by L.L.
No. 1-2015]
[Amended 4-12-2022 by L.L. No. 8-2022]
No building or structure shall be erected to a height in excess of 40 feet except by a special use permit granted by the Town Board after a public hearing in accordance with the procedures as set forth in Article XII of this chapter.
A.
There shall be a front yard depth of 125 feet, except
that in the event that existing buildings within 200 feet on either
side thereof extend nearer than 125 feet to a street line, such minimum
front yard depth shall be the average setback of such existing buildings,
but in no case less than 80 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 provision
is for the purpose of establishing suitable front yards.
B.
Side yard width shall be five feet. Buildings, the
exterior walls of which are constructed of noncombustible material,
may be erected on lot lines where the adjoining property is classified
as 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 buildings shall be nearer than 50 feet to the side line of
the lot abutting the side street.
C.
Rear yard depth shall be 60 feet. This depth provision
is for the purpose of establishing suitable loading and unloading
areas and of providing suitable off-street parking areas.
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.
Before any building permit may be issued for new buildings
or structures in any industrial/limited commercial districts, the
applicant shall submit to the Planning Board, and obtain the approval
of such Board on, plans with reference to shrubbery and landscaping
and plans showing construction materials and lighting to be used so
as to provide suitable construction materials and architectural designs
in harmony with the character of the neighborhood. The applicant shall
also submit to the Planning Board and obtain approval of all plans
for parking of vehicles. Employee parking shall be generally in rear
yards; customer parking only shall be normally permitted in front
yards; and no docks or unloading platforms or facilities shall be
placed in the front of any building.
F.
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]
