[Amended 10-7-1992; 2-18-2015 by L.L. No. 1-2015]
A. Fences shall not exceed three feet in height if present
in the front yard. Fences located elsewhere on the lot shall not exceed
six feet.
[Amended 10-21-2015 by L.L. No. 12-2015]
B. So-called "patio" or "privacy" fences shall not be
restricted by the height limitation of this section and may exceed
six feet zero inches in height, provided that they otherwise comply
with all applicable ordinances and regulations and provided that the
fence must be either attached or affixed to the house or at least
one end of the fence shall be within eight feet of the main wall of
the house; it shall be in the rear of the house; it shall have no
side exceeding 24 feet in length; it shall have no side nearer than
10 feet to any existing lot line; it shall have no more than four
sides; and it shall not exceed eight feet in height.
C. The provisions of this section shall not apply to
hedges or fences on premises used exclusively for farm purposes.
D. Swimming pool fences shall be as required by §
295-49, notwithstanding the provisions of this section.
E. The face or finished side of any fence erected shall
face the nearest abutting property. All posts or supports shall be
on the inside of said fence unless said posts or supports constitute
an integral part of the face of the finished side.
F. Fences shall not be placed within any municipal easement.
G. Fences shall be placed within the subject property.
[Amended 8-19-2015 by L.L. No. 10-2015]
H. Replacement.
Any fence that is replaced after [insert date of adoption of amendment]
shall be subject to these requirements.
I. Placement
of a fence is the sole responsibility of the property owner.
In any residential district, the lot width and depth is regulated as provided in §
295-10. In no case, however, shall the size of the lot be smaller than the area necessary for adequate and sufficient individual sewage disposal and the safe location of water wells, where needed.
Dumping refuse, garbage and other substances
is prohibited in all districts in the town.
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform to the provisions of this chapter.
[Amended 2-15-2006 by L.L. No. 1-2006; 2-18-2015 by L.L. No. 1-2015]
A. Private swimming pools. Outdoor swimming pools shall be permitted only in the rear yards of residential lots. A permit for such pool shall be obtained from the Building Inspector or designee. Such pool shall comply with residential setback regulations applicable to the lot. The permit shall not be issued unless the applicant shall submit plans providing for a protective fence at least four feet high, but not higher than six feet, and at least 10 feet from the pool enclosing said pool on all sides, with an access gate that is equipped with a lock. Such gate shall be locked when the pool is not in use. The pool shall be so constructed so as not to interfere with sewage, water or drainage of the lot or of other lands. In accordance with Chapter
236, Stormwater Management, dechlorinated water drained from the pool shall be discharged only into storm sewers or by other means not detrimental to other property. Lighting shall not be directed at neighboring property. The water of such pools shall be maintained at all times in a sanitary condition in accordance with the bacterial standards of the Sanitary Code of the State of New York and the Property Maintenance Code of New York State. The pool, fence, gate and drains must be constructed as required by this section and the New York State Uniform Fire Prevention and Building Code.
[Amended 6-26-2019 by L.L. No. 5-2019]
B. Public swimming pools. For swimming pools operated
in connection with an apartment, a hotel or motel or otherwise available
for public use, a site plan, including fencing and all safety features,
shall be required and approved by the Planning Board prior to issuance
of a building permit. The pool shall be required to be attended by
a lifeguard when in use.
[Amended 4-12-2022 by L.L. No. 8-2022]
In any commercial or industrial district, any use which would otherwise be permitted without obtaining a special use permit shall be allowed only after obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article
XII of this chapter, if the premises where such use is proposed is within 500 feet of premises owned by a school, college, university or other educational institution or within 500 feet of premises occupied and used exclusively for educational or religious purposes. The five-hundred-foot distance shall be measured on a straight line between the nearest boundaries of the respective premises.
[Added 10-16-2013 by L.L.
No. 1-2013]
A. General
provisions.
(1) It shall be unlawful for any person to operate a mobile food vehicle
within the public rights-of-way or on public property anywhere within
the Town of Henrietta.
(2) It shall be unlawful for any person to operate a mobile food vehicle
on private property without first having obtained a valid mobile food
vending license as prescribed in this section. Operation of a mobile
food vehicle on private property shall be regulated in accordance
with all applicable provisions of the Town Code.
(3) Mobile food vehicles with a valid mobile food vending license as
prescribed by this section shall be allowed to operate on private
property within an area that has been designated by the Town of Henrietta
as an approved location.
B. Approved
locations.
(1)
To be considered an approved location for mobile food vehicles, owners of private land zoned commercial or industrial must make application to the Town Board of the Town of Henrietta for a special use permit, according to the provisions of Article
XII of this chapter. The application for such license shall be on forms provided by the Department of Building and Fire Prevention.
[Amended 6-26-2019 by L.L. No. 5-2019]
(2) Approved locations may not be adjacent to or within a radius of 100
feet of the nearest edge of any building or section of a building
comprising a licensed food establishment, excluding any patio, awning
or temporary enclosure attached thereto, the kitchen of which is open
for serving food to patrons. This requirement may be waived if the
application is submitted together with the written consent of the
proprietor of the adjacent licensed food establishment.
(3) Approved locations may not conflict with any parking and vehicle
and traffic laws, ordinances, rules and regulations of the Town of
Henrietta, County of Monroe or State of New York.
(4) Neither the vendor nor the property owner may provide seating intended
primarily to accommodate patrons of the food vehicle, except that
the property owner may provide a reasonable amount of seating to be
used by employees of a business that is located on that property.
(5)
A license for the operation of a food truck in the Town of Henrietta,
or changes thereto, shall be subject to the approval of, and issuance
by, the Town of Henrietta Building Inspector, the Town of Henrietta
Fire Marshal, or designee.
[Amended 8-19-2015 by L.L. No. 8-2015]
C. Vendors.
(1) To operate in an approved location, the vendor must have written
permission of the owner of the property specifying the days, times
and specific location(s) for which permission has been granted. Such
written permission must be in a form acceptable to the Town Attorney.
(2)
Mobile food vehicles may only be parked in areas indicated on
the permit application submitted to the Town by said property owner
and approved by the Building Inspector or designee.
[Amended 6-26-2019 by L.L. No. 5-2019]
(3) Mobile food vehicles with a valid mobile food vending license may
be operated by the vendor during hours as approved by the property
owner. However, vendors may not operate mobile food vehicles:
(b) After 9:00 p.m., Sunday through Thursday; or
(c) After 10:00 p.m. on Friday and Saturday.
(4)
Mobile food vehicles must be parked within the boundaries of
the designated area of the approved locations, as approved by the
Town Board. The Town Board designates the Building Inspector (or his
designee) as the person authorized to make the determination of whether
the mobile food vehicle is in compliance.
[Amended 6-26-2019 by L.L. No. 5-2019]
(5) Each and every mobile food vehicle must at all times carry on the vehicle a "measuring wheel" with a measuring capability of no less than 500 feet as a condition of its licensure. The failure of any mobile food vehicle to carry such a measuring wheel or abide by the proximity distance restrictions included in this section shall constitute a violation of this section pursuant to Subsection
H.
(6) All mobile food vehicle vendors must abide by all parking and vehicle
and traffic laws, ordinances, rules and regulations at all times.
(7) It shall be unlawful for any mobile food vehicle vendor to operate
within 500 feet of the boundary line of any fair, carnival, circus,
festival, special event or civic event.
(8) All signage must be permanently affixed to the mobile food vehicle.
No accessory signage shall be placed outside or around the mobile
food vehicle.
(9) All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity and shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by Chapter
234, Solid Waste, Part
1, of this Code, any violation of which shall be punished in accordance with §
234-12 of this Code.
(10) No alcohol may be sold or dispensed from mobile food vehicles.
D. License
required; application.
(1) Any person desiring to operate a mobile food vehicle shall make a
written application for such license to the Building Inspector or
designee. The application for such license shall be on forms provided
by said Director or the Director's designee, and shall include the
following:
[Amended 6-26-2019 by L.L. No. 5-2019]
(a) Name, signature and address of each applicant and each corporate
officer of the mobile food vehicle vending corporation.
(b) A valid copy of all necessary licenses, permits or certificates required
by the County of Monroe, the State of New York or any subsidiary enforcement
agencies or departments thereof, including, but not limited to, a
valid New York State Department of Motor Vehicles registration and
certificate of inspection and valid driver's licenses of all vehicle
operators.
(c) A signed statement that the vendor shall hold harmless the Town and
its officers and employees for any claims for damages to property
or injury to persons which may be occasioned by any activity carried
on under the terms of the license.
(d) Insurance.
[1] The vendor shall furnish a certificate of insurance evidencing that
the vendor possesses and maintains such public liability, food products
liability, and damage to property or bodily injury, including death,
which may arise from the operations under the license or in connection
therewith. Such insurance shall provide coverage of not less than
$1,000,000 per occurrence. The policy shall further provide that it
may not be canceled except upon 30 days' written notice served upon
the Town of Henrietta Office of Licenses. A license issued pursuant
to the provisions of this section shall be invalid at any time the
insurance required herein is not maintained and evidence of continuing
coverage is not filed with the Town of Henrietta.
[2] In addition to the above-required certificate of insurance, the vendor
shall also endorse, maintain and include the Town as an additional
named insured on its underlying business commercial general liability
policy.
(2)
All license applicants and applicants for renewals thereof shall
present each vehicle to the Fire Marshal or designee to determine
that the vehicle meets all applicable New York State Fire Codes.
[Amended 6-26-2019 by L.L. No. 5-2019]
(3) The initial license shall be subject to approval by the Town Board
of the Town of Henrietta.
E. Form
and condition of license. Every mobile food vehicle vending license
shall contain the following conditions:
(1) Each mobile food vehicle vending license shall expire on April 1
of every year.
(2) The license shall not be transferable from person to person.
(3) The license is valid only for the vehicle for which it was issued.
F. License
fee.
(1) All vendors shall pay an initial application fee in an amount set
from time to time by the Town Board, which shall include the first
year's license fee.
(2) All vendors holding a license that has been revoked or permitted
to lapse shall pay an annual renewal fee as set by the Town Board.
G. Compliance
with other regulations.
(1) The owner/operator of any mobile food vehicle licensed by the Town
of Henrietta shall comply with all provisions of federal, state and
local laws and ordinances.
(2)
The owner/operator of any mobile food vehicle licensed by the
Town of Henrietta shall comply with all notices, orders, decisions
and rules and regulations made by the Henrietta Department of Building
and Fire Prevention, the Monroe County Sheriff's Office, the Monroe
County Health Department, or any other Town of Henrietta department
and/or agency.
[Amended 6-26-2019 by L.L. No. 5-2019]
H. Penalties
for offenses.
(1) Any person, firm or corporation violating the provisions of this section shall, upon conviction or a plea of guilty, be subject to the penalties set forth in §
295-66 of this chapter.
(2) Closure for operation without license. Any mobile food vehicle operating
without the required Town of Henrietta license shall be immediately
closed by order of the Town of Henrietta. Every day of operation without
a license shall constitute a separate violation and shall be punishable
by a fine of $1,500 per violation.
[Added 11-6-2013 by L.L.
No. 2-2013; amended 6-26-2019 by L.L. No. 5-2019; 6-10-2020 by L.L. No. 1-2020]
A. License required. Chickens may be kept at residentially zoned property,
but only in a chicken coop and only pursuant to a backyard chicken
license issued in accordance with the Town of Henrietta Backyard Chicken
License Law. The keeping of chickens on a farm is exempt from the Backyard
Chicken License Law.
B. Setbacks and dimensions.
(1)
A chicken coop requires a building permit and certificate of
compliance.
(2)
The coops or cages housing such chickens must be situated at
least 20 feet from any dwelling other than the applicant's dwelling
and at least 10 feet from the applicant's dwelling.
(3)
The coops or cages housing such chickens may not be located
in front or side street yard areas and shall not be located closer
than five feet to a side yard lot line nor within five feet of a rear
yard lot line. No chickens shall be kept in front yard or side street
yard areas.
(4)
The total area of all coops, cages, fenced areas and runs designated
for chickens on a lot shall not be greater than 108 square feet of
floor/ground space for up to six chickens, 216 square feet for up
to 12 chickens, and 324 square feet for up to 18 chickens. The chicken
coop shall be a covered, predator-resistant, well-ventilated structure
providing a minimum floor/ground space of at least two square feet
per allowed chicken, with a maximum of five square feet per allowed
chicken. Coops and cages, singly or in combination, shall not exceed
seven feet in height. A fenced run area outside the coop shall have
a minimum area of 10 square feet of floor/ground space for each chicken,
with a maximum area of 15 square feet per allowed chicken.
C. Preexisting chicken coops. Preexisting chicken coops which were active,
properly licensed and otherwise in compliance with the Town Code immediately
prior to the implementation of this section are permitted to continue,
so long as in compliance with such preexisting law, including the
setbacks and inspections required thereunder, so long as they have
no more than six chickens, hens only. Otherwise, the preexisting nonconforming
status under this subsection shall become void, and the chicken coop
must come into compliance with this section, including the licensing
for keeping of chickens. Moreover, any enlargement or material improvement
of an otherwise valid preexisting chicken coop, cage or run shall
require that the entire chicken coop and associated cage and/or run
come into compliance with this section, including the licensing for
keeping of chickens.
[Added 10-18-2017 by L.L.
No. 8-2017]
A. Comfort care homes in R-1 Districts. Given the typical size and intensity
of use of a comfort care home, the Town of Henrietta finds and determines
that such home is not typical of a traditional single-family home.
As a result, comfort care homes will be allowed as transitional uses
in R-1, as follows:
(1)
A comfort care home shall be required to share a side yard property
boundary line with at least one non-R-1 parcel in order to demonstrate
its nature as a transitional use. Where it does not, it shall not
be allowed on an R-1 parcel.
(2)
A comfort care home shall not be allowed on a parcel bounded
on both sides by parcels with R-1 zoning.
(3)
As a transitional use typified by a large building footprint,
significant parking requirements, and potentially substantial traffic
as compared to other R-1 uses, a comfort care home shall not be permitted
in an approved residential subdivision.
(4)
Wherever a comfort care home shares a property boundary line
with a residentially zoned parcel containing a single-family home:
(a)
It shall be required to provide double the required setback(s)
from such parcel.
(b)
It shall have no greater than six parking spaces.
(c)
It shall be designed and constructed for no more than two people
to reside there and to receive care at any one time.
(5)
A comfort care home shall require site plan approval.
B. Comfort care homes in R-2 Districts. A comfort care home shall require
site plan approval. Further, a comfort care home in the R-2 District
shall comply with the following additional requirements where it shares
a property boundary line with a parcel containing a single-family
home:
(1)
It shall be required to provide double the required setback(s)
from such parcel.
(2)
It shall have no greater than six parking spaces.
(3)
It shall be designed and constructed for no more than two people
to reside there and to receive care there at any one time.