Town of Henrietta - Definitions

ABANDONED/ABANDONMENT

Solar energy systems are deemed abandoned:

A. After 12 consecutive months without material electrical energy generation (i.e., at least 5% of the rated capacity); and/or
B. If construction and/or permitting do not commence/proceed in accordance with the timelines afforded within this Code.

ACCESSORY STRUCTURE

An accessory facility or structure serving or being used in conjunction with a telecommunications facility or tower and located on the same lot as the telecommunications facility or tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ACCESSORY USE OR STRUCTURE

A use or structure customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

AGRIBUSINESS

Activities conducted on a farm that are dependent upon an agricultural operation, including, but not limited to, on-farm bed-and-breakfasts, farm stay programs, U-pick operations, seasonal events, pumpkin patches, farm breweries, farm cideries, farm distilleries and farm wineries, and offering to the public, or to invited groups, the sale of agricultural products, education, recreation or active involvement in the farm operation. An agribusiness activity may be conducted in an accessory structure where the use is secondary to the primary farm use on a property. The Alcoholic Beverage Control Law (ABC Law) provides the standards which must be met for farm brewery, cidery, winery and distillery licenses.

AGRICULTURAL AND FARMLAND PROTECTION

The preservation, conservation, management or improvement of lands which are part of viable farming operations, for the purpose of encouraging such lands to remain in agricultural production.

AGRICULTURAL BUILDING

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.

AGRITOURISM

Activities conducted by a farmer on-farm for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of agriculture, farming and farm life.

AIR-SUPPORTED DOME STRUCTURE

A structural and mechanical system which is constructed of high-strength fabric or film and achieves its shape, stability and support by pre-tensioning with internal air pressure.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, either by increasing the floor area or by increasing the height, or the moving from one location or position to another.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

ALTERNATE MEMBER

An individual appointed by the Town Board to serve when a member is unable to participate in a matter before the respective board, as provided herein.

AMENITIES (BENEFITS)

Certain material and substantial benefits accruing to the community in Henrietta, all as more specifically enumerated herein. Such shall only qualify as amenities if they are in addition what is otherwise necessary for the subject proposed project, including what would otherwise be required pursuant to other provisions local law, state law, federal law or other applicable law or regulations.

ANIMAL HOSPITAL

An establishment for the medical and surgical care of sick or injured animals.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, PCS and microwave communications.

APARTMENT HOUSE

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

AREA, BUILDING

The total habitable area taken from inside of exterior wall to inside of exterior wall and meeting the requirements as described in Subchapter B, Article 2 of the New York State Uniform Fire Prevention and Building Code applicable to one- and two-family dwellings, excluding therefrom porches, terraces, steps and any area occupied by a garage.

BOARDINGHOUSE

Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals. A rooming house or a furnished-room house shall be deemed a boardinghouse.

BUILDABLE ACREAGE

Net acreage of lands available for development which remains after subtracting constrained acreage (and thus not necessarily the total area of a property itself), used to determine unit count or density.

BUILDABLE AREA

The area within a lot eligible to be built upon or occupied by structures and/or land use activities that is bounded and established by the required front, side and/or rear building lines set forth in the zone district requirements or supplemental regulations.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING, ACCESSORY

A subordinate building or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to a point midway between the highest and lowest point of the roof, except chimneys, spires, towers, elevator penthouses, tanks and similar permitted projections.

BUILDING-INTEGRATED SOLAR COMPONENTS

Components of a building which harness solar energy for usable forms of electric or thermal energy. These components are directly integrated into the building itself. By way of example, these may comprise specially treated windows and glass, shingles, etc. This does not include roof-mounted solar panels. Building-integrated solar components are not considered solar energy systems and are thus not subject to Article XVI: Solar Energy Systems.

CANNABIS RETAIL DISPENSARY

As identified in the New York State Cannabis Law, an establishment which involves the acquisition, possession, sale and delivery of cannabis to consumers, and licensed by New York State as a cannabis retail dispensary.

CHILD-CARE CENTER, DAY-CARE CENTER, NURSERY SCHOOL, PRESCHOOL NURSERY AND FAMILY DAY-CARE HOME

All relate to the care of children during the day away from their normal home and are more specifically defined as follows:

(1) CHILD-CARE CENTER, DAY-CARE CENTER and PRESCHOOL NURSERY — Provide daytime child-care service and are customarily housed in an established church building or similar facility. The operation shall be duly licensed by the New York State Department of Social Services and under the direct supervision of New York State licensed personnel and their assistants.
(2) FAMILY DAY-CARE HOME — Provides daytime child-care services and is customarily housed in an established single-family dwelling under the supervision of the residing family which has been licensed by the New York State Department of Social Services or certified by the Monroe County Department of Social Services.

CIVIC SPACE

Civic space is an area accessible to the public, residents and/or patrons of a mixed use for leisure, entertainment and/or recreational activity, either indoors or outdoors, and may include, but is not limited to, public squares, playgrounds, seating and event areas, pocket parks, and public art displays.

CLUSTER SUBDIVISION

A development design technique allowed under NYS Town Law § 278 that concentrates buildings and structures on a limited area of a parcel to allow the remaining parcel area to be permanently left as open space. By law, this is density neutral (the density of housing allowed shall equal the density allowed on the buildable acreage for a conventional subdivision according to the area requirements of the zoning district in which the parcel is located), but permits development that is not in alignment with other bulk and area requirements, such as reduced lots sizes. Cluster subdivisions are not eligible for density Incentives/bonuses under this article.

CODE ENFORCEMENT OFFICER

The person(s) charged with enforcing the provisions of this chapter. Includes the Code Compliance Officer and the Building Inspector and/or designee.

COLOCATED ANTENNAS

Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.

COMFORT CARE HOME

A dwelling, the primary purpose of which is to provide supportive and palliative care to no more than two individuals residing there that are suffering from terminal illness. Typically, care is provided on a regular basis, often 24 hours, by volunteers, family members, physicians and home care agencies.

COMMERCIAL HORSE BOARDING OPERATION

An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production.

COMMERCIAL KENNEL

A structure used for the harboring of more than four dogs or cats with attendant commercial services that may include boarding, grooming, breeding, raising, and/or veterinary care.

COMMERCIAL PARKING FACILITIES

Parking facilities created for the purpose of generating income from paid parking, but not including commuter parking lots owned by a transit operator.

COMMUNITY GREEN

An area of smooth turf enabling gatherings for outdoor events and activities, bounded by a concentration of uses, including commercial, retail, residential, community and civic.

COMPLEMENTARY USE

For purposes of this article, a land use, not otherwise allowed, that accompanies or supplements a nearby land use development, and is otherwise consistent therewith as assessed by and in the sole discretion of the Town Board in accordance with this article, such as a convenience store in combination with a housing development or multifamily complex.

COMPONENT USE

One of a number of allowed uses that together comprise a mixed use. Such uses are detailed on the Mixed-Use Overlay Component Use Table.

COMPONENT USE CATEGORY

Like-kind groups of component uses. These groups include residential, commercial, industrial and civic.

COMPOSITE MIXED-USE PARCEL

A group of parcels that, though they are distinct parcels, are treated as a single parcel for purposes of zoning compliance for a single mixed use that spans multiple parcels.

COMPOSTING, AGRICULTURAL

The on-farm processing, mixing, handling or marketing of organic matter converted into compost, mulch, or other organic biomass products in order to process such farm’s agricultural waste or otherwise for use at the farm, including where either a) the source organic matter is generated on the farm where the composting is taking place, or b) the source organic matter is generated off-farm but utilized on-farm, all as more fully defined at New York Agricultural and Markets Law, Article 25-AA, Section 301.

COMPOSTING, COMMERCIAL

The processing, mixing, handling or marketing of organic matter converted into compost, mulch, or other organic biomass products for business purposes. Composting that strictly comprises personal composting or agricultural composting shall not be considered commercial composting.

COMPOSTING, MULCHING OR OTHER ORGANIC BIOMASS CROPPING

The on-farm processing, mixing, handling or marketing of organic matter that is grown or produced by such farm operation to rid such farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm-generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation's agricultural waste. This shall also include the on-farm processing, mixing or handling of off-farm-generated organic matter for use only on that farm operation. Such organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation, wood biomass or by-products of agricultural products that have been processed on such farm operation. The resulting products shall be converted into compost, mulch or other organic biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials.

COMPOSTING, PERSONAL

The small-scale processing, mixing, or handling of organic matter converted into compost, mulch, or other organic biomass products where both the source organic matter and the compost, mulch, or other output material is generated on-site by and used only for personal use by the property owner.

CONSERVATION EASEMENT

A permanent restriction on the use of land, created in accordance with law, for the purposes of conservation of open space, agricultural land, and/or other natural, cultural, historic, and scenic resources. In the Town of Henrietta, conservation easements may be classified as including, but not limited to:

A. "Natural" conservation easement for environmentally sensitive lands. This includes areas set aside as undisturbed natural open space areas such as greenway corridors and wildlife habitats that may consist of wetlands, floodways, floodplains and steep slopes greater than 15%. These areas are to remain permanently undeveloped with no structures, and no trees shall be removed except for forestry or public health and safety reasons per grantee/Town/owner permission. Minimally invasive nature trails may be allowed.
B. "Maintained" conservation easement for undeveloped open space. This includes public or private areas set aside as open space areas, such as greenway corridors, and lawn and gardens areas, so periodic maintenance may occur, such as keeping open fields free from successional vegetative growth. These areas are permanently undeveloped with no permanent structures, and, after establishment of the easement, no trees shall be removed except for forestry or public health and safety reasons per grantee/Town/owner permission. Minor, nonpermanent structures such as gazebos may be permitted.
C. "Parkland" conservation easement. This includes publicly-owned areas with some nonpermanent types of structures that may be allowed for public access and enjoyment as parkland for passive recreation and nature education such as gazebos, displays, boardwalks, trails, parking, and signage. Parkland may also be given in dedication or secured otherwise.
D. "Agricultural" conservation easement. This includes lands set aside for farm uses and allowed agricultural structures.
E. "Historic" conservation easement. This includes lands and/or structures set aside for purposes of cultural and/or historic preservation.

CONSERVATION LANDS

Lands to be conserved or preserved, comprised of an area or portion of a cluster or conservation subdivision, that is set aside from development through a conservation easement or other means approved by the Town Board because it contains preserved open space and/or valuable resources.

CONSERVATION SUBDIVISION

A pattern of subdivision development that places housing units on those buildable portions of a property most suitable for development, while leaving substantial buildable portions as undeveloped open space. Conservation subdivisions may exceed density limitations by way of incentive zoning.

CONSTRAINED ACREAGE

As used in cluster and conservation subdivisions, land this is unbuildable, consisting of: slopes greater than 15% which persist across at least 2,000 square feet of land; NY State and federally designated wetlands; federal, state and locally designated historic buildings, structures, and sites; and FEMA mapped 100-year floodplains.

CONVENTIONAL SUBDIVISION

Any subdivision, not including a clustered or conservation subdivision, that satisfies the bulk, dimensional and area requirements of the Zoning Law, including, for example, minimum lot sizes and setbacks.

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CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS

Shall be defined as defined in § 301 of the New York Agriculture and Markets Law (AML).

CUSTOMARY HOME OCCUPATION

An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. This shall be understood to include the professional office or studio of a physician, dentist, teacher, artist, architect, engineer, accountant, musician, chiropractor, podiatrist, lawyer, manufacturer's representative, real estate salesman or broker, travel agent, insurance agent, business consultant and other services of a professional nature.

DETACHED DWELLING

A building arranged or designed to provide living facilities for one or more families entirely separated from any other building or structure by space on all sides.

DEVELOPER

Shall mean any applicant for a permit to take any action affecting property in the Riverton PUD District, as required by this ordinance or the Town's PUD Ordinance (Henrietta Town Code, Article IX: PUD Planned Unit Development Districts, § 295-29: Statement of intent; objectives et seq.), hereinafter called the "General PUD Ordinance."

DWELLING UNIT

A building or portion of a building thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

DWELLING UNIT

One or more rooms providing complete living facilities, including kitchen facilities or equipment for cooking or provisions for the same, and including a room or rooms for living, sleeping, bathing and eating.

FAMILY

(1) Includes:

(a) One, two or three persons occupying a dwelling unit; or
(b) Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

(2) It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
(3) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

(a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.
(b) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.
(c) The group shares expenses for food, rent or ownership costs, utilities and other household expenses.
(d) The group is permanent and stable. Evidence of such permanency and stability may include:

[1] The presence of minor dependent children regularly residing in the household who are enrolled in a local school.
[2] Members of the household having the same address for the purposes of voter registration, driver's licenses, motor vehicle registration and filing of taxes.
[3] Members of the household are employed in the area.
[4] The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
[5] Common ownership of the furniture and appliances among the members of the household.
[6] The group is not transient or temporary in nature.

(e) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FARM or FARM OPERATION

Shall be defined as defined in § 301 of the New York Agriculture and Markets Law (AML).

FARM or FARM OPERATION

As defined in New York State Agriculture and Markets Law (AML) § 301(11). For purposes of this article, multiple, contiguous parcels under common ownership, all of which have an agricultural exemption or are otherwise eligible to receive an agricultural exemption pursuant to New York State law, shall be considered a single farm so long as at least one parcel qualifies as defined in New York State Agriculture and Markets Law (AML) § 301(11). Parcels are considered contiguous even if separated by public roads, railroads, rights-of-way, or waterways.

FARM STAND or FRUIT AND VEGETABLE STAND

An incidental and subordinate activity of a farm, nursery or greenhouse involving seasonal retail sale of primarily locally raised agricultural products, and may include activities in which retail customers pick or select their own produce from the fields or growing areas.

FARM WOODLAND; FOREST FARMING OPERATION

The land used for the production of woodland products intended for sale, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.

FENCE

A barrier or other structure, typically wall-like and permanent in nature and composed of wood, metal, wire or plastic, but also sometimes composed of other materials (such as natural hedges), a primary use of which is to wholly or partially enclose an area to mark a boundary, control access, or control view and/or for decorative purposes.

FLAG LOT

A lot with access provided to the bulk of the lot by means of a narrow corridor. The front lot line of a flag lot shall be the longest interior lot line which is closest to and parallel to the right-of-way which provides access to the lot, other than the line which actually adjoins the right-of-way.

GARAGE, DETACHED PRIVATE

A building on a residential lot not physically attached to the residence building located on such lot for an accessory use and the storage of not more than three automobiles.

GARAGE, PUBLIC

Any garage other than a private garage available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GAS STATION, GASOLINE FILLING STATION and MOTOR VEHICLE SERVICE OR SUPPLY STATION

The use of a building, equipment and land for a retail place of business for dispensing of gasoline, motor fuel and motor oil; for sales and servicing of tires, batteries and other automobile accessories; and for washing and lubrication services, but not including body or fender work, painting, major motor repairs or storage of motor vehicles.

GREENHOUSE, GARDEN NURSERIES or NURSERY (EXTERIOR)

A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting. (This definition shall not encompass those retail establishments that buy most of their horticulture stock wholesale, not propagating it themselves).

IMPERVIOUS SURFACE

Any area covered by a material that substantially reduces or prevents infiltration of stormwater into underlying soil. "Impervious surface" shall include streets, roofs and buildings, sidewalks, driveways, paved parking lots, and all areas not supporting a significant sod ground cover.

INCENTIVE ZONE

Defined areas of the Town, such as a specific zoning district(s), portions or combinations thereof, in which incentive zoning is permitted. Incentive zones in the Town of Henrietta are limited to: Rural Residential Incentive Zone; Commercial Revitalization Incentive Zone; Neighborhood Upgrade Incentive Zone; and Historic Properties Incentive Zone.

INCENTIVE ZONING

The system by which specific Incentives or Bonuses are granted via an incentive zoning permit, pursuant to this article, on condition that specific physical, social, or cultural amenities would take effect and become beneficial or advantageous to the community in exchange, all as allowed under NYS Town Law § 261-b.

INCENTIVES or BONUSES

Nonfinancial adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a specific purpose authorized by the Town Board.

INCENTIVES/BONUSES

Adjustments to the permissible density, area, height, open space, use, or other provisions of the Zoning Ordinance or local laws as authorized by the Town Board pursuant to these incentive zoning regulations.

INFILL DEVELOPMENT

Infill development may include constructing buildings on vacant lots, reuse of underutilized sites (such as parking lots and former commercial or industrial sites), and rehabilitation or expansion of existing buildings within built-up areas of existing communities where infrastructure is already in place.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is greater than or equal to 10,000 square feet but no greater than a total of 25 acres.

LIVE-WORK BUILDING

A building that combines workspace with living quarters. Typically, the business is on the ground level and faces the primary street. The traditional arrangement is living quarters above the business but living space may also be alongside the commercial space or behind it. An artist's loft, for example, might be a bedroom over a studio.

LOFTS

A loft is an apartment that is generally designed as a large, open space, usually with limited internally walled-in rooms in former commercial or industrial buildings that have been converted into residential apartments. Loft apartments are often characterized by high ceilings; exposed piping and ventilation mechanicals; support beams and poles; wooden or concrete floors; and large, often floor-to-ceiling, windows.

LOT

A portion or parcel of land considered as a vacant unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets. Corner lots have at least two front lot lines, those lot lines fronting on each right-of-way. The rear lot line shall be that line opposite the front lot line which provides access via the driveway. The remaining lot line shall be the side setback line.

LOT, DEPTH OF

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines, at right angles to the street line.

LOT, THROUGH

A lot other than a corner lot abutting on two or more streets or upon a street and a right-of-way of more than 25 feet in width.

LOT, WIDTH OF

The mean width measured at right angles to its depth, at the setback line.

MEDIUM-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is greater than 1,000 square feet but less than 10,000 square feet, not comprising rooftop solar energy systems, designed to produce energy for use on site.

MEMBER

An individual appointed by the Town Board to serve on the Town Planning Board or the Zoning Board of Appeals pursuant to provisions of the local law or ordinance which first established such board.

MIXED USE

A use permitted in a mixed-use overlay district that comprises at least three distinct component uses from three distinct component use categories. The component uses shall be distinguishable, complementary uses.

MOBILE FOOD VEHICLE

A commercially manufactured, self-contained, motorized mobile food unit in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.

MOBILE FOOD VEHICLE APPROVED LOCATION

(Hereinafter "approved location") Private property zoned commercial or industrial that has an approved special use permit from the Henrietta Town Board; said approval includes designation of one or more areas within that property that have been approved by the Town Board, on the recommendation of the Building Inspector or designee, in which properly licensed mobile food vehicles may operate.

MOBILE FOOD VEHICLE VENDOR

The owner of a mobile food vehicle or the owner's agent; hereinafter referred to as "MFV vendor."

MOTOR VEHICLE

Automobiles, trucks, recreational vehicles, boats, motorcycles, trailers, farm-type tractors and equipment, all-terrain vehicles, snowmobiles and all other over-the-road motorized vehicles.

MULTIPLE DWELLING

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

MULTIPLE-FAMILY DWELLING

A building containing three or more dwelling units (i.e., an apartment house, except as provided for under "town house").

MULTIPLE-GROUP DWELLING

A group of two or more multiple-family dwellings, or any combination of the same occupying a parcel of land in one ownership and having any yard, compound, or service area in common.

NONCONFORMING USE

A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

ONE-AND-ONE-HALF-STORY

The habitable area being the first floor above grade and in the second floor, the habitable area of the second floor being not less than 2/3 of the area of the first floor.

ONE-FAMILY DWELLING

A building containing not more than one dwelling unit.

ONE-STORY

A dwelling in which the only habitable area is one floor area above grade.

ON-SITE CONSUMPTION SITE

As identified in the New York State Cannabis Law, an establishment involving the consumption of cannabis on premises and licensed by New York State as an on-site consumption site.

OPEN SPACE

An area of undeveloped or minimally developed land that is valued for material natural, environmentally sensitive and/or historic/cultural resources and/or wildlife habitat, for material agricultural and forest production, for material active and passive recreation, and/or for providing other material public benefits that accrue by leaving the land materially undeveloped. Open space may include parkland, play areas, walkways, trails, informational and interpretive centers or similar facilities for active or passive use, and may be private, public, or a combination thereof, however, generally, open space is not occupied by significant: structures, paved parking areas, paved roadways, or similar improvements.

OPEN SPACE, PRESERVED

Open space that has been preserved by some legally enforceable means such as through a conservation easement, or designation as parkland, or other means approved by the Town Board. Public access to preserved open space is not required to be considered a public benefit, such as historic farmsteads that are privately owned or scenic resources.

OVERLAY DISTRICT OR ZONE

A zoning district superimposed over an underlying zoning district to protect a specific resource or guide development in a specific area. Overlay districts contain special provisions or requirements that may impose additional or alternative requirements or provisions than those required by the underlying district typically to either limit or expand development opportunities from those allowed in the underlying district. The overlay district may share common boundaries with the base zoning district or may cut across zoning district boundaries. These districts are not intended to be substituted for primary, underlying zoning district provisions, but are superimposed over such underlying districts.

PARENT PARCEL

A parent parcel is a large parcel of land from which smaller parcels have been subdivided. For example, a one-acre parcel that has been subdivided into four one-quarter-acre lots or a ten-acre parcel from which a two-acre parcel has been conveyed is considered the parent parcel.

PARKING SPACE

The area required for parking one automobile, which in this chapter is held to be an area nine feet wide and 18 feet long, not including passageways.

PEDESTRIAN-FRIENDLY DESIGN

The design of communities, neighborhoods, streetscapes, buildings and other uses that promote pedestrian comfort, safety, public access and visual interest.

PERIMETER LANDSCAPE STRIP

The land adjacent to front, side and rear lot lines, included within the same space for required setbacks but solely designed and used for buffering and transition between lots. Irrespective of allowable structures or uses within such required setbacks, the perimeter strip shall not be used for parking. Driveways and walkways are permitted to transverse a perimeter strip to allow for necessary vehicle and pedestrian movements. It is intended that such perimeter strip be used for planting of trees, shrubs, flowers, and evergreens to provide screening and neighborhood beautification.

PERSONAL SERVICES

An establishment primarily engaged in providing services involving the care of a person or personal apparel, such as a beauty parlor, barber shop, health and fitness center, tailor, or custom cleaning services.

PLANNING BOARD

The Planning Board of the Town of Henrietta, established by the Town Board pursuant to the provisions of § 271 of the Town Law.

PLAZA

An active civic or social gathering space, predominately hard-surfaced with complementary landscaping, water features, and other site furnishings, framed by vertical building walls or closely planted large trees in lieu of buildings.

PRIMARY ROAD OR STREET

Where the subject property has frontage on two or more roads, this refers to the roadway that is used most intensively (e.g., has the greater volume of vehicular traffic). This usually corresponds to the public road classification and size, assuming county roads receive greater traffic than local roads, and that state highways have greater traffic volumes than county roads. Where the subject property has frontage on two or more roads, the secondary road or street refers to the least intensively used roadway.

PRIMARY SIGN

A sign used for a nonresidential or mixed-use building that is the primary notification of the tenant(s) therein and is generally located by the main entrance(s) to the building.

QUALIFIED SOLAR INSTALLER

Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), and thus qualified as a person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved.

RAISED RANCH A

A dwelling in which there is one habitable floor above grade and a habitable basement both of approximately the same area, the living area of the basement to be not less than 2/3 of the area of the first floor.

RAISED RANCH B

A dwelling in which there is one habitable floor above grade and a habitable basement both of approximately the same area, the living area of the basement to be less than 2/3 of the area of the first floor.

RESEARCH AND DEVELOPMENT

The methodical analysis and application of knowledge or understanding, directed toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements, excluding High-Hazard Group H occupancies, per New York State Building Code, Chapter 3, Section 307.

RETAIL ESTABLISHMENTS

Stores and shops where goods are sold primarily at retail. Such sales are made directly to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; launderette/laundromat, and such appliances, but excluding lumber yards, restaurants, and fast-food restaurants. Outside storage or display of goods is permitted only with site plan approval by the Planning Board.

ROOFTOP NONRESIDENTIAL SOLAR ENERGY SYSTEM

A solar energy system servicing a building or buildings other than a one- or two-family dwelling, designed primarily to provide energy to the subject building(s), where the solar panels are wholly contained on the rooftop of the building(s) (and not including building-integrated solar components).

ROOFTOP RESIDENTIAL SOLAR ENERGY SYSTEM

A solar energy system servicing a one- or two-family dwelling, designed to provide energy to the subject dwelling(s) or to supply generated energy for off-site use but only in an amount sufficient to and for the purpose of offsetting on-site energy consumption, where the solar panels are wholly contained on the rooftop of the dwelling (not including solar shingles, which are building-integrated solar components).

SELF-STORAGE FACILITY

A facility intended for use by the public and operated as a business for the purposes of storage of personal, household, business and other property, where the facility is accessed directly by the owner of the stored property. A self-storage facility does not include residential storage sheds, warehouses or outdoor storage areas or yards. A self-storage facility includes only those facilities used exclusively for storage inside the facility. It does not include facilities that accommodate outdoor storage such as storage yards for vehicles and recreational equipment.

SEMIDETACHED DWELLING

One or more buildings arranged or designed as dwellings located on abutting lots, separated from each other by a party wall, without openings, extending from the cellar floor to the highest point of the roof, along the dividing lot line, and separated from any other building or structure by space on all sides.

SETBACK

The shortest distance from a lot line of a lot to the exterior of any building located or to be located thereon.

SHOPPING PLAZA

Two or more separately owned or operated commercial enterprises which are located in a single building, two or more connected or adjacent buildings, or two or more buildings developed as part of a single integrated shopping development, often sharing common drives and parking lots.

SIGNIFICANT CORNER

A corner lot location, at the intersection of two streets, providing a distinguishing architectural element, building massing, or a composition of architectural elements to signify the importance of the corner. Architectural elements may include distinguishing materials, textures, colors, fenestrations, cornices, or similar elements designed to highlight a corner.

SMALL-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is smaller than 1,000 square feet, not comprising rooftop residential solar energy systems, designed to produce energy for use on site. Smaller self-solar powered devices directly attached to a building, such as solar powered porch lighting, are exempt from these regulations.

SMOKE SHOP

Any establishment which offers for sale or consideration, as a substantial or significant portion of its business, merchandise and/or stock-in-trade, whether intended for smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body, the following ("smoke shop products"): a) tobacco, tobacco products, or tobacco/smoking paraphernalia, including but not limited to cigarettes, cigars, pipes, hookahs, etc., and/or b) electronic cigarettes (e.g., electronic nicotine delivery systems), vape pens, vapors, e-liquids, e-vaporizers, or other like substances, and/or c) CBD (cannabidiol) products (not including products containing THC), including but not limited to CBD gummies and/or CBD oil, for example. Smoke shops shall not include cannabis retail dispensaries.

(1) "Substantial or significant."

(a) Factors of significance. For purposes of this definition, "substantial or significant" may be determined using the following considerations:

[1] The amount of sales floor area used for the sale of smoke shop products, including as compared to the total sales floor area used for the sale of other products; and/or
[2] The amount of smoke shop products accessible to customers, generally, including as compared to other products accessible to customers; and/or
[3] Revenues derived from smoke shop products, including as compared to total revenues; and/or
[4] Advertising/marketing devoted to smoke shop products, including as compared to advertising/marketing otherwise; and/or
[5] The use of the establishment for smoke shop products, including as compared to total use thereof.

(b) Conclusive determination. Notwithstanding the above considerations, the following shall be conclusive in determining a "substantial or significant portion:"

[1] Thirty-three percent or more of the sales floor area is used for the sale of smoke shop products; and/or
[2] Thirty-three percent or more of the establishment's stock-in-trade comprises smoke shop products; and/or
[3] Thirty-three percent or more of the establishment's gross income is derived from smoke shop products; and/or
[4] Thirty-three percent or more of the establishment's advertising/marketing is devoted to smoke shop products.

(2) Grocery/supermarket/convenience stores. Any grocery store, supermarket, convenience store or similar retail use that sells conventional cigars, cigarettes or tobacco as ancillary sales (i.e., smoke shop products are not a "substantial or significant" portion of business) shall not be defined as a smoke shop.

SOLAR ENERGY SYSTEM

Components, subsystems, equipment and associated structures and materials that directly convert and/or transfer or store solar energy into usable forms of thermal or electrical energy. Smaller self-solar powered devices directly attached to a building, such as solar powered porch lighting, are not solar energy systems and are exempt from these regulations as they would otherwise apply specifically to solar energy systems.

SOLAR ENERGY SYSTEM FOOTPRINT/SQUARE FOOTAGE

The area of the solar energy system, including the area (typically contained within a security fence) comprised of solar panels (measured as the panels are laid out at the flattest adjusted angle), including the space between the solar panels and rows of solar panels, as well as any buildings, structures, equipment, access or maintenance roads, or pathways related to the solar energy system.

SPECIALTY MOTOR VEHICLE

Generally, a non-passenger motorized vehicle (i.e., not a passenger car or passenger truck such as those typically sold at a car dealership), including but not limited to, for example, semi-tractor trailers, commercial motor vehicles, recreational motor vehicles, and heavy motorized equipment, and also including, for example, custom handicap accessible vehicles, motorcycles, snowmobiles, etc.

SPLIT-LEVEL A

A dwelling in which part of the basement and all of the floor areas above grade are habitable.

SPLIT-LEVEL B

A dwelling in which none of the basement is habitable but all of the over floor area above grade is habitable.

STABLE, PRIVATE

An accessory structure in which horses are kept for private use and not for hire, remuneration or sale.

STABLE, PUBLIC

A building in which any horses are kept for remuneration, hire or sale.

STORAGE SHED

A single-story structure that: (1) Is not insulated; (2) Possesses no plumbing fixtures; (3) Has a footprint of no more than 192 square feet; and (4) Is used as an accessory structure for storage purposes only.

STREET TREES

Trees typically planted in the planting strip between the sidewalk and the curb of the street, spaced approximately 30 feet on-center, that are intended to enhance the streetscape of the public right-of-way.

STRUCTURE

Any man-made facility, including buildings, towers and other edifices.

SWIMMING POOL (OUTDOOR)

Any structure intended for swimming or recreational bathing capable of containing water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, spas, and retention or decorative ponds.

TELECOMMUNICATIONS FACILITIES

Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.

TOWER

A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which employ camouflage technology.

TOWNHOUSE

A one- or two-story single-family dwelling unit joined with another family unit or units in a row or cluster but separated from each other by party walls.

TOWNHOUSE

One of a group of two or more attached dwelling units divided from each other by party walls and having separate front and rear or front and side entrances from the outside and having a "private" outdoor living area on the lot of at least 150 square feet for each dwelling unit.

TWO-FAMILY DWELLING

A building containing not more than two dwelling units, arranged one above the other or side by side.

TWO-STORY

A dwelling in which there are two full habitable stories above grade, each of approximately the same size.

USABLE ACREAGE

Usable acres, also referred to as buildable or developable acreage, is land that is not constrained from development by certain natural or cultural features, such as but not limited to steep slopes, wetlands and floodplains.

VALUABLE RESOURCES

An area of land(s) comprised of material historic, cultural and/or agricultural resources, including, for example, active farms and structures, historic structures, scenic resources, etc.

YARD, FRONT

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the main foundation wall of the building and the right-of-way line.

YARD, REAR

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building.

YARD, SIDE

An open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Henrietta, established by the Town Board pursuant to provisions of § 267 of the Town Law.

ZONING STREET FRONTAGE

A property has zoning street frontage on a subject road where the building housing the proposed use is visible from the public while traversing such road, the primary vehicular access to the property housing such building is via such road, and the primary entrance for customers to such building shall be within 500 feet of such road.

This site is under construction. Data for informational use only. Got it!

MapLink™ | Definitions

This site is under construction. Data for informational use only. Got it!

Town of Henrietta, NY

MapLink™ | Definitions