Town of Henrietta - Land Uses

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.

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, I, ILCD, PCD, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

This use is generally permitted in all zoning districts as per the individual regulations and requirements of each district and/or as per Town regulations.

PCD District: Use must be enclosed.

PUD District: Commercial, service and other nonresidential uses may be permitted or required where such uses are scaled primarily to serve the residents of the planned unit development. The following proportions are deemed to be in keeping with this intent under normal circumstances. See § 295-30D(2)(a), § 295-30D(2)(b) and § 295-30D(2)(c) for detailed information.

Adult use establishments

Advanced engineering research, design and development

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.

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.

Districts Where Allowed Districts where use is Permitted by Right. : RR Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Rural Residential District:
This use is subject to obtaining a special use permit. Such uses are allowed only as a subordinate use to the primary farm operation, and such subordinate use shall terminate upon the cessation of the farm operation.

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.

Districts Where Allowed Districts where use is Permitted by Right. : RR Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Rural Residential District:
This use is subject to obtaining a special use permit. Such uses are allowed only as a subordinate use to the primary farm operation, and such subordinate use shall terminate upon the cessation of the farm operation.

Airports

Air-supported dome structures

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.

Amusement parks

Animal hospitals, animal care

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

Districts Where Allowed Districts where use is Permitted by Right. : B-1 Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC

Vehicle Parking:
1 parking space per 200 square feet of floor area, with a maximum of 10 parking spaces.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14A for more detailed information on permitted uses in this district.

Animals in residential districts

Districts Where Allowed Districts where use may be permitted with Special Use Permit: R-1-15, R-1-20, R-2-15, RR

Development Requirements:

A. In any residential district no lot may be used or occupied and no structure may be erected, maintained or used for the raising or harboring of pigeons, swine, goats, rabbits, cows, horses, poultry (except as permitted in accordance with Chapter 61, in which case this section shall not apply), foxes, mink, skunk or other fur-bearing animals, unless application is made to and a special use permit is granted by the Town Board, subject to such terms and conditions as may be appropriate in the particular case and in conformity with the provisions of Article XII and the following general provisions. The Board may consider, where it is material in each case and among the other relevant factors, the following:

(1) Any danger to neighboring property.
(2) Noise or offensive emission of odors or fumes.
(3) Any detriment to the health, safety, morals or the general welfare of the community.
(4) Whether such use is appropriate to the particular location.

B. Notwithstanding the foregoing, nothing herein contained shall prohibit the raising or harboring of domestic animals or poultry on any farm within the Town of Henrietta within the definition of the term "farm."

C. Dogs and cats are exempt from these provisions, provided there are not more than three of such animals, unless application is made to and a special use permit is granted by the Town Board to harbor or kennel dogs and cats as foster care or rescued animals.

Apartments

APARTMENT HOUSE

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

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, B-2, MUEC, MURA, MURC

Vehicle Parking:
2 1/2 parking spaces minimum for each dwelling unit in the building or buildings.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

R-1-20, R-1-15, R-2-15 and RR Districts: In residential districts, multiple dwellings shall be limited to 35 feet in height. Where more than one multiple dwelling is constructed or exists on a single site or plot so as to form a group of apartment dwellings, each separate building shall conform to the requirements for a single multiple dwelling and to such additional requirements as are hereinafter stated.

B-1, B-2 and PCD Districts: Multiple dwellings in commercial districts shall be limited to 50 feet in height. Where more than one multiple dwelling is constructed or exists on a single site or plot so as to form a group of apartment dwellings, each separate building shall conform to the requirements for a single multiple dwelling and to such additional requirements as are hereinafter stated.

B-1 District:
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.

See § 295-14B for more detailed information on permitted uses in this district.

Artist and craft studios

Assisted living

Districts Where Allowed Districts where use may be permitted with Special Use Permit: RR

Vehicle Parking:
1 parking space minimum per 1.8 residents. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

RR District: This use may be authorized in areas with municipal water and sewer by a special permit granted by the Town Board, provided such uses are proposed and built at a density and design that is responsive to the intent of this District, giving consideration to the community needs for such facilities. The Town Board may impose reasonable conditions and request incentives from the development of such projects, including but not limited to provision of land and/or funds for on- and off-site open space conservation. In granting such permit for senior housing and related facilities, the Town Board may modify the density and dimensional requirements of this District.

Attached single-family dwellings/rowhouse

Automobile dismantling or junkyards

Bakeries and confectioners

Districts Where Allowed Districts where use is Permitted by Right. : B-1 Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
Providing that all goods or products manufactured or processed shall be sold at retail on the premises.
See § 295-14A for more detailed information on permitted uses in this district.

Banks, banking and financial services

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2 Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
1 parking space minimum per 155 square feet of floor area. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14A for more detailed information on permitted uses in this district.

Bars and taverns serving alcoholic beverages

Districts Where Allowed Districts where use is Permitted by Right. : PCD Districts where use may be permitted with Special Use Permit: MURA, MURC

Vehicle Parking:
1 parking space minimum for each 3 seats, plus 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14B for more detailed information on permitted uses in this district.

PCD District:
See § 295-20B(2) for more detailed information on permitted uses in this district.

Billboards

Biotechnology, laboratory and materials testing, robotics

Boarding house

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.

Boat and marine supplies sales and service

Bowling alleys

Cafes (including cyber-cafes)

Cannabis on-site consumption sites

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, B-2, MUEC, MURA, MURC, PCD, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

ILCD District:
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.

See § 295-54.1B for detailed information on special use permits.

Cannabis retail dispensaries

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, B-2, I, ILCD, MUEC, MURA, MURC, PCD, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 and B-2 Districts:
Subject to obtaining a special permit, but only on lots with zoning street frontage sufficient for ingress/egress to the dispensary on: a) Jefferson Road, between John Street and Winton Road; or b) West Henrietta Road, between Dorschel Parkway and the CSX Rail overpass north of Jefferson Road.
See § 295-14B for more detailed information on permitted uses in this district.

ILCD District:
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.

I District:
Cannabis retail dispensaries, subject to obtaining a special use permit, but only on lots with zoning street frontage sufficient for ingress/egress to the dispensary on a) Jefferson Road, between John Street and Winton Road, or b) West Henrietta Road, between Dorschel Parkway (the private road situated at the southern edge of 3755 West Henrietta Road, parcel ID 161.15-1-27.11) and the CSX Rail overpass north of Jefferson Road.

See § 295-54.1B for detailed information on special use permits.

Cemeteries

Chicken coops, non-farm residential

Districts Where Allowed Districts where use is Permitted by Right. : R-1-15, R-1-20, R-2-15, RR

Development Requirements:

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 (Chapter 61: Chickens). 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. See also § 295-57: Building permit required for more detailed information.
(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.

Chicken coop requirements.

A. Enclosures; coops and cages.

(1) Chickens shall be kept within both a coop and a fenced outdoor enclosure/run.
(2) The coop must be kept in a clean, dry and sanitary condition at all times.
(3) The outdoor enclosure/run shall be adequately fenced to contain the chickens and to protect the chickens from predators. It shall be cleaned on a regular basis to prevent the accumulation of animal waste.
(4) The chicken feed or other food used to feed the chickens shall be stored in a ratproof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and shall be immediately refastened thereafter.
(5) The chickens shall be fed only from an approved trough. Scattering of food on the ground is prohibited.

B. Number of chickens permitted. A valid backyard chicken license shall permit the keeping of up to six chickens, except that the keeping of up to 12 chickens is permitted on a rural residential lot greater than one acre in size, and up to 18 chickens is permitted on a rural residential lot greater than two acres in size.
C. Sanitation and nuisances.

(1) Chickens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and so as to comply with applicable provisions of both the New York State and Monroe County Sanitary Codes.
(2) Chickens shall not be kept in a manner that is injurious or unhealthful to any other animals or persons.

D. Slaughtering. There shall be no outdoor slaughtering of chickens.

Restrictions.
The following shall be prohibited under this article:

A. The keeping of chickens at multifamily complexes, including duplexes;
B. The keeping of roosters - only chicken hens are permitted;
C. The keeping of chickens in other than the rear or back yard;
D. The keeping of chickens in other than a chicken coop with a certificate of compliance pursuant to a backyard chicken license;
E. The keeping of chickens for other than personal use only - no person shall sell eggs or meat or engage in chicken breeding or fertilizer production for commercial purposes; and
F. The obtaining of more than one chicken coop license for adjacent properties under common ownership and tenancy, unless in the Rural Residential Zone.

Child-care centers

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.

Districts Where Allowed Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC Districts where use may be permitted with Special Use Permit: MUEC, MURA May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
1 parking space minimum per 5 enrolled children. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

Child-care centers, day-care centers, nursery schools, preschool nurseries and family day-care homes shall be permitted under the following conditions:

(a) Child-care centers, day-care centers, nursery schools and preschool nurseries shall be permitted when housed in an established church facility which shall be duly licensed by the New York State Department of Social Services and the building facilities of which shall be annually inspected by the Building Inspector or designee for compliance with all building and fire codes. The Building Inspector or designee shall issue a new certificate of occupancy as evidence that the facility is in compliance with the codes. The cost for such inspection and certificate of occupancy shall be included in a child-care center registration fee established by the Town Board.

(b) Child-care centers, day-care centers, preschool nurseries and nursery schools, when not housed in an established church facility, shall apply to the Town Board for a special use permit as per the requirements of Article XII: Special Use Permits of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection (a) of this section shall apply.

See § 295-14A for more detailed information on permitted uses in the B-1 District.

Churches and places of worship

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA, MURC

Vehicle Parking:
1 parking space minimum for each 2 seats, based on maximum seating capacity.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
Provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Comfort care homes

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

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.

Upon obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter, subject to the additional requirements set forth at § 295-52.6: Comfort care homes, herein.

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.

B-1 and B-2 Districts:
Upon obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter, subject to the additional requirements set forth at § 295-52.6: Comfort care homes, herein.

See § 295-14A for more detailed information on permitted uses in the B-1 District.

Commercial business schools

Commercial composting

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.

Community centers

Customary home occupation/ professional office

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.

Districts Where Allowed Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: MUEC May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
Customary home occupations as defined in § 295-2: Word usage and definitions, and provided that the office or studio is located in the dwelling in which the practitioner resides and does not occupy more than 30% of the total floor area of the residence. Not more than one employee may be used. No other offices shall be located on the premises, nor shall any other profession be practiced or conducted on the premises. Any instruction given or professional services or care rendered shall be to one student, patient, client or customer at a time. Adequate off-street parking must be provided and maintained on the premises. The area of the building, exclusive of the portion used for such office, shall conform to the minimum requirements as provided in this chapter. There shall be no display of goods or advertising other than an accessory sign as provided in Chapter 224: Signs.

See § 295-14A for more detailed information on permitted uses in this district.

Data management, call centers and computer operations

Day-care centers

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.

Districts Where Allowed Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC Districts where use may be permitted with Special Use Permit: MUEC, MURA May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
1 parking space minimum per 5 enrolled children. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

Child-care centers, day-care centers, nursery schools, preschool nurseries and family day-care homes shall be permitted under the following conditions:

(a) Child-care centers, day-care centers, nursery schools and preschool nurseries shall be permitted when housed in an established church facility which shall be duly licensed by the New York State Department of Social Services and the building facilities of which shall be annually inspected by the Building Inspector or designee for compliance with all building and fire codes. The Building Inspector or designee shall issue a new certificate of occupancy as evidence that the facility is in compliance with the codes. The cost for such inspection and certificate of occupancy shall be included in a child-care center registration fee established by the Town Board.

(b) Child-care centers, day-care centers, preschool nurseries and nursery schools, when not housed in an established church facility, shall apply to the Town Board for a special permit as per the requirements of Article XII: Permits of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection (a) of this section shall apply.

Dressmaking, seamstress, tailor shops

Districts Where Allowed Districts where use is Permitted by Right. : B-1 Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
This use is permitted in this district providing that all goods or products manufactured or processed shall be sold at retail on the premises.
See § 295-14A for more detailed information on permitted uses in this district.

Driving range

Dry-cleaning establishments

Districts Where Allowed Districts where use is Permitted by Right. : PCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC Districts where use may be permitted with Special Use Permit: B-1

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14B for more detailed information on permitted uses in this district.

Enclosed accessory uses

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.

Faculty dwellings and dormitories

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

A family day-care home shall be housed in a single-family dwelling and shall be an accessory use to the principal use of the structure. The operation shall be licensed by the New York State Department of Social Services or certified by the Monroe County Department of Social Services. Such license and certification shall be available for inspection during normal daytime hours. A family day-care home shall provide child care for not more than six children based on the age formulas established in Part 458 of the regulations of the State Department of Social Services (Family Day-Care Homes). The building facilities shall be annually inspected by the Building Inspector or designee. The licensing and inspection requirements at § 295-14A(14)(a) shall apply.

See § 295-14A for more detailed information on permitted uses in this district.

Farm equipment sales and service

Farm stands

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 operations

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.

Farms and customary agricultural operations

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.

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Excluding within 100 feet of any lot line any stabling of a farm animal, storage of manure or other odor- or dust-producing substance or use.

Fences

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.

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, I, ILCD, MUEC, MURA, MURC, PCD, PUD, R-1-15, R-1-20, R-2-15, RR

Development Requirements:

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.
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.
H. Replacement. Any fence that is replaced after 2-18-2015 shall be subject to these requirements.
I. Placement of a fence is the sole responsibility of the property owner.

Firearm and ammunition sales, retail

Food processing, bottling, storage, packaging and distribution

Fruit and vegetable stands

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.

Galleries or studios

Garages, private, attached or detached

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, MUEC, MURA, MURC May be allowed subject to Provisions: B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

A. Uses. No business, occupation, service or residence shall be permitted. However, an attached garage made an integral part of a residence building may provide living quarters on the second floor.
B. Parking of commercial vehicles. No commercial vehicles with a rating of over 10,000 pounds gross vehicle weight, including tractors, trailers or any other type of commercial vehicles, shall be stored or parked overnight in any street or right-of-way of any street or on any lot, land or premises in a residential district of the Town of Henrietta, except in an enclosed structure. No display vehicle for commercial purposes shall remain in any district or in any public road for longer than a twenty-four-hour period. For the purpose of this subsection, "overnight" shall be construed to mean between the hours of 9:00 p.m. and 7:00 a.m.
C. Exceptions. The foregoing provisions shall not apply to recreation vehicles, boats and camping trailers, nor to construction vehicles and equipment while actually and necessarily used in connection with construction or other real property improvement projects.

Attached or detached garage buildings for not more than three motor vehicles with maximum dimensions of 35 feet on the entrance side by 30 feet.

R-1-20 Districts shall have at least a two-car private garage; R-1-15 Districts shall have at least a one-car private garage. RR-1 and RR-2 Districts shall have a minimum one-car private garage. There shall not be more than one attached or detached garage per parcel/lot in any residential district.

The minimum dimensions for private residential garages shall be as follows:

Maximum Capacity	Minimum Depth/Length (feet)	Minimum Width (feet)
1 car	20	12
2 cars	20	20
3 cars	20	30

B-1 District: 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.
See § 295-14B for more detailed information on permitted uses in this district.

B-2 District: 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.

Garbage, rubbish, refuse dumps (other than Town-owned)

Gasoline filling stations

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: I, ILCD, PCD

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

This use is subject to the requirements of § 295-48: Special provisions for service stations. herein:

A. On premises used as gasoline filling stations or for motor vehicle service or supply stations, no portion of any building shall be closer than 80 feet to the front property line or closer than 60 feet to the rear property line or closer than 20 feet to the side property line, and the maximum width of approach driveways to be separated or set off by curb or masonry shall not exceed two feet in height. All signs, structures bearing lights or lighting facilities shall be set back a minimum of 10 feet from the front property line. Lot size for gas stations shall be at least 200 feet wide and 200 feet deep.

B. No fuel pump, gasoline pump or island in any gasoline or motor fuel filling station containing the same shall be constructed closer than 35 feet to any street line.

C. Before granting a special use permit or variance for a gasoline station or motor vehicle service or supply station, the Board to which application for such permit is made, in addition to consideration of standards set forth in § 295-53 of this chapter, shall consider and determine the following:

(1) That the proposed location is consistent with the public necessity.
(2) That the design and type of the proposed structure are in harmony with other structures in such neighborhood.
(3) That the proposed use will not create a traffic hazard at the proposed location or a hazard from fire or explosion.
(4) That the applicant has in writing agreed to construct and operate such proposed station in strict accordance with the provisions of Subsection D of this section.
(5) That the applicant and the owner have in writing agreed to and, as a condition of approval, shall cause to be recorded deed covenants running with the land in the Monroe County Clerk's office, provided that the applicant shall remove any gasoline storage tanks in accordance with New York State Department of Environmental Conservation regulations (NYCRR Part 613.9 or any successor provisions), the New York State Uniform Fire Prevention and Building Code or any other applicable local, state or federal regulations in effect at the time of closure, and furthermore that the applicant and owner provide an environmental report from a licensed engineer within six months of closure indicating compliance with the aforesaid regulations and that all practicable steps have been taken to assure that the property is free from toxic waste.

D. All gasoline or motor vehicle supply stations hereafter erected or maintained pursuant to a special use permit or variance issued hereafter shall sell or dispense gasoline to the public in compliance with approved standards of safety in the handling of gasoline and flammable liquids.

E. Self-service stations.

(1) A self-service station shall mean all or that portion of the property where flammable and combustible liquids used as motor fuel are stored and subsequently dispensed into the fuel tank of motor vehicles by persons other than the service station attendant.
(2) Each self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispersed without the direct supervision of the qualified attendant.
(3) A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket on the dispensing unit and the switch for this dispensing unit is manually actuated. This control shall also stop the pump when all nozzles have been returned to their brackets.
(4) Each self-service station shall have the remote dispensing equipment situated in such a manner as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.
(5) Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.
(6) Self-service stations shall provide fire control devices as prescribed by Section 16.792 of the American Insurance Association Fire Prevention Code and the Fire Marshal of the Town of Henrietta.

F. No application for area variances related to a gasoline filling station or motor vehicle service and supply station shall be approved by the Zoning Board of Appeals unless and until the appropriate Board has granted special use permit or variance relief establishing the legality of the use.

PCD District:
See § 295-20B(2) for more detailed information on permitted uses in this district.

ILCD District:
See § 295-21M for more detailed information on permitted uses in this district.

I District:
See § 295-25A(20) for more detailed information on permitted uses in this district.

Golf courses

Greenhouses

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).

Group homes

Health and fitness facilities

Heliport, private

Heliport, public

Hospitals, public

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
1 parking space minimum for each 5 patients. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
Provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Hotels

Districts Where Allowed Districts where use is Permitted by Right. : PCD Districts where use may be permitted with Special Use Permit: B-1, MURA

Vehicle Parking:
1 parking space minimum per hotel room, plus 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14B for more detailed information on permitted uses in this district.

Institutions of higher education

Junk, scrap metal, paper, rags, cloth clippings, sorting or bailing

Landscaping businesses

Laundromat

Districts Where Allowed Districts where use is Permitted by Right. : B-1, PCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MURC Districts where use may be permitted with Special Use Permit: MUEC, MURA

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
This use is permitted in this district providing that all goods or products manufactured or processed shall be sold at retail on the premises.
See § 295-14A for more detailed information on permitted uses in this district.

Libraries, public

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA Districts where use may be permitted with Special Use Permit: MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
Provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Light industrial machine shops, wood and metal working

Light manufacturing, assembly and repair

Districts Where Allowed Districts where use is Permitted by Right. : I, ILCD Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC

Vehicle Parking:
1 parking space minimum for each 400 square feet of gross floor area or for each 3 workers, whichever provides the greater amount of parking space.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

This use may include:

Light manufacturing and assembly of industrial monitoring equipment, components and recording devices such as temperature gauges, air quality monitoring, optics, lighting and noise control.
Light manufacturing, assembly and repair of scientific, electronic, optical, medical, surgical, dental, photographic, and similar precision instruments, components, and devices.
Light manufacturing, assembly, repair and sale of plumbing, electrical, and communications equipment and supplies.

Live-work buildings

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.

Manufactured homes

Medical centers

Microbreweries

Miniature golf course

Mobile food vehicles (food trucks)

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, B-2, I, ILCD, PCD

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

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.

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.
(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:

(a) Before 9:00 a.m.; or
(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.
(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.

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: Permits of this chapter. The application for such license shall be on forms provided by the Department of Building and Fire Prevention.
(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.

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.

Mobile homes

Mortuaries/undertakers' establishments

Districts Where Allowed Districts where use is Permitted by Right. : B-1 Districts where use may be permitted with Special Use Permit: MURC

Vehicle Parking:
1 parking space minimum per 50 square feet of floor area. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14A for more detailed information on permitted uses in this district.

Motels

Motor courts

Motor vehicle car wash

Motor vehicle service/repair and supply stations

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: I Districts where use may be permitted with Special Use Permit: ILCD

Vehicle Parking:
1 parking space minimum per 400 square feet of floor area. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

Service stations.
On premises used as gasoline filling stations or for motor vehicle service or supply stations, no portion of any building shall be closer than 80 feet to the front property line or closer than 60 feet to the rear property line or closer than 20 feet to the side property line, and the maximum width of approach driveways to be separated or set off by curb or masonry shall not exceed two feet in height. All signs, structures bearing lights or lighting facilities shall be set back a minimum of 10 feet from the front property line. Lot size for gas stations shall be at least 200 feet wide and 200 feet deep.
No fuel pump, gasoline pump or island in any gasoline or motor fuel filling station containing the same shall be constructed closer than 35 feet to any street line.

Self-service stations.

(1) A self-service station shall mean all or that portion of the property where flammable and combustible liquids used as motor fuel are stored and subsequently dispensed into the fuel tank of motor vehicles by persons other than the service station attendant.
(2) Each self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispersed without the direct supervision of the qualified attendant.
(3) A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket on the dispensing unit and the switch for this dispensing unit is manually actuated. This control shall also stop the pump when all nozzles have been returned to their brackets.
(4) Each self-service station shall have the remote dispensing equipment situated in such a manner as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.
(5) Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.
(6) Self-service stations shall provide fire control devices as prescribed by Section 16.792 of the American Insurance Association Fire Prevention Code and the Fire Marshal of the Town of Henrietta.

ILCD and I Districts:

A. On premises used as gasoline filling stations or for motor vehicle service or supply stations, no portion of any building shall be closer than 80 feet to the front property line or closer than 60 feet to the rear property line or closer than 20 feet to the side property line, and the maximum width of approach driveways to be separated or set off by curb or masonry shall not exceed two feet in height. All signs, structures bearing lights or lighting facilities shall be set back a minimum of 10 feet from the front property line. Lot size for gas stations shall be at least 200 feet wide and 200 feet deep.

B. No fuel pump, gasoline pump or island in any gasoline or motor fuel filling station containing the same shall be constructed closer than 35 feet to any street line.

C. Before granting a special permit or variance for a gasoline station or motor vehicle service or supply station, the Board to which application for such permit is made, in addition to consideration of standards set forth in § 295-53 of this chapter, shall consider and determine the following:

(1) That the proposed location is consistent with the public necessity.
(2) That the design and type of the proposed structure are in harmony with other structures in such neighborhood.
(3) That the proposed use will not create a traffic hazard at the proposed location or a hazard from fire or explosion.
(4) That the applicant has in writing agreed to construct and operate such proposed station in strict accordance with the provisions of Subsection D of this section.
(5) That the applicant and the owner have in writing agreed to and, as a condition of approval, shall cause to be recorded deed covenants running with the land in the Monroe County Clerk's office, provided that the applicant shall remove any gasoline storage tanks in accordance with New York State Department of Environmental Conservation regulations (NYCRR Part 613.9 or any successor provisions), the New York State Uniform Fire Prevention and Building Code or any other applicable local, state or federal regulations in effect at the time of closure, and furthermore that the applicant and owner provide an environmental report from a licensed engineer within six months of closure indicating compliance with the aforesaid regulations and that all practicable steps have been taken to assure that the property is free from toxic waste.

D. All gasoline or motor vehicle supply stations hereafter erected or maintained pursuant to a special permit or variance issued hereafter shall sell or dispense gasoline to the public in compliance with approved standards of safety in the handling of gasoline and flammable liquids.

E. Self-service stations.

(1) A self-service station shall mean all or that portion of the property where flammable and combustible liquids used as motor fuel are stored and subsequently dispensed into the fuel tank of motor vehicles by persons other than the service station attendant.
(2) Each self-service station shall have a qualified attendant on duty whenever the station is open for business. It shall be the responsibility of the qualified attendant to control and operate remote pumping equipment. Class I liquids shall at no time be dispersed without the direct supervision of the qualified attendant.
(3) A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its bracket on the dispensing unit and the switch for this dispensing unit is manually actuated. This control shall also stop the pump when all nozzles have been returned to their brackets.
(4) Each self-service station shall have the remote dispensing equipment situated in such a manner as to give the qualified attendant controlling said equipment an optimum view of the dispensing of Class I liquids.
(5) Class I liquids may be dispensed only by customers possessing a valid motor vehicle operator's license.
(6) Self-service stations shall provide fire control devices as prescribed by Section 16.792 of the American Insurance Association Fire Prevention Code and the Fire Marshal of the Town of Henrietta.

F. No application for area variances related to a gasoline filling station or motor vehicle service and supply station shall be approved by the Zoning Board of Appeals unless and until the appropriate Board has granted special permit or variance relief establishing the legality of the use.

ILCD District:
Motor vehicle repair is permitted in this district.
See § 295-21M for more detailed information on permitted uses in this district.

I District:
See § 295-25A(20) for more detailed information on permitted uses in this district.

Motor vehicle showroom, sales and service facilities

Multiple dwellings

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

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, B-2, MUEC, MURA, MURC, R-2-15

Vehicle Parking:
2 1/2 parking spaces minimum for each dwelling unit in the building or buildings.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

Upon issuance of a special use permit, all in accordance with § 295-13: Multiple dwellings herein:

A. Purpose and intent. It is the purpose of districts allowing multiple-dwelling development to provide alternative housing opportunities of a greater density than those of the other residential districts in the form of multiple-dwelling development, such as apartments and townhouses. Multiple dwellings are intended to meet the varied housing needs of current and future residents. It is intended that multiple dwellings be established only where public infrastructure and community services are available to accommodate such uses and consistent with applicable design guidelines.

B. No multiple dwelling or group of multiple dwellings shall be erected or altered until a special use permit has been granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter. Where a multiple dwelling is constructed or altered such that it is not in compliance with an applicable special use permit, then the special use permit may be revoked and the certificate of occupancy may be also thereby be revoked.

C. Multiple-dwelling facilities shall only be allowed upon the issuance of a special use permit by the Town Board, and only within the following zoning districts:

(1) R-2-15 Residential Districts;
(2) B-2 Commercial Districts;
(3) Mixed-use overlay districts, but only as a component use a part of a mixed use. In this case (the multiple dwelling), the additional requirements herein shall not apply (Instead, those requirements in Article IXA: Mixed-Use Overlay Districts shall apply.), but a special permit for the multiple dwelling will still be required; and
(4) As senior housing only (no other types of multiple dwellings) in the Rural Residential District.

D. Multiple dwellings in commercial districts shall be limited to 50 feet in height. In residential districts, multiple dwellings shall be limited to 35 feet in height. Where more than one multiple dwelling is constructed or exists on a single site or plot so as to form a group of apartment dwellings, each separate building shall conform to the requirements for a single multiple dwelling and to such additional requirements as are hereinafter stated. Townhouses, whether for sale or rent, are permitted as multiple dwellings.

E. Additional requirements.

(1) Density and green space.

(a) Multiple-dwelling structures in residential and commercial zones shall occupy no more than 35% of the square footage of the parcel on which they are constructed.
(b) Additionally, the maximum density per acre for multiple dwellings shall be no greater than six dwelling units per acre in the Rural Residential District (for senior housing) and 12 dwelling units in R-2-15 and Commercial B-2. A greater density shall only be permitted upon approval by the Town Board as part of its special use permit review.
(c) At least 35% of a parcel containing a multiple dwelling shall be set aside as green space.

(2) Size of unit. No multiple dwelling as defined in this chapter shall be erected, or existing structure altered or reconstructed to become such, unless each unit thereof shall contain the following minimum habitable area, exclusive of additional building area required for common use of the tenants, such as lobbies, corridors, stairways, elevator shafts and storage space, or for other common building areas essential and incidental to the overall primary purpose:

(a) Efficiency or studio dwelling units. An "efficiency" or "studio dwelling unit" is defined as one which has no separate sleeping area and consists of one room combining both living and sleeping space and a kitchenette or kitchen and a bathroom. The area shall be not less than 500 square feet. In residential zones not more than 25% of the dwelling units in any multiple-dwelling building shall be of the efficiency or studio type, and in commercial zones the proportion shall not be over 50%.
(b) A one-bedroom dwelling unit shall have an area of not less than 600 square feet.
(c) A two-bedroom dwelling unit shall have an area of not less than 800 square feet.
(d) A three-bedroom dwelling unit shall have an area of not less than 950 square feet.

(3) Content of unit. All dwelling units must contain at least one habitable room and also a kitchenette or kitchen and bathroom with complete bathroom facilities.
(4) Setbacks. The front, side and rear setbacks from all property lines to all multiple-dwelling buildings, parking areas and driveways shall be not less than 60 feet, except that when adjoining property is commercial, the setback may be not less than 30 feet.
(5) Parking. All premises occupied by multiple dwellings shall have thereon at the site of the structure and completely off the limits of any street or highway improved and usable parking areas in compliance with § 295-44.
(6) Distance between buildings in a dwelling group. No part of the main foundation wall of any multiple dwelling in a group of multiple dwellings occupying the same lot or site shall be closer than 40 feet to the main foundation wall of any other apartment building in such group.
(7) Preliminary hearing. Fourteen preliminary building and site development plans, the latter showing locations of proposed buildings, drives, parking facilities and type of screening as may be required, shall be presented to the Building Inspector or designee for staff review and distribution with the application for multiple dwelling or dwelling group development. There may be a preliminary hearing before the Town Board, and the Town Board may require such additional provisions and conditions as appear essential to the promotion of the public health, safety and general welfare.
(8) Garbage and trash.

(a) Adequate provisions must be made on the premises for such safe and convenient storage and removal of garbage as will best promote the public health, safety and general welfare.
(b) Areas for the storage of garbage shall be readily accessible for removal and clearing, suitably protected from rodent infestation and visually shielded and shall meet all requirements of the Monroe County Department of Health.

(9) All multiple-dwelling applications shall be subject to an initial pre-application meeting for purposes of undergoing a preliminary concept plan review with the Director of Engineering and Planning and appropriate reviewing board members and staff to discuss overall project feasibility.
(10) All multiple-dwelling facilities shall be adequately served by municipal public water and sewer.
(11) All utilities shall be placed underground, including, but not limited to, sewer, water, electric and communication lines.
(12) All multiple dwellings shall provide safe and convenient pedestrian amenities, including sidewalks for internal site circulation and connections to public sidewalks where available or planned to be available.
(13) All off-site mitigation and improvements necessitated by the proposed development shall be the responsibility of the developer and shall be completed prior to the issuance of a certificate of occupancy (unless a phasing plan approved as part of the special use permit provides otherwise).
(14) The scale, massing, and height of multiple-dwelling buildings shall be consistent with the existing or planned character of the adjacent neighborhood and not dominate local views or visual character.
(15) The architectural theme of buildings, use of building materials, and extensive use of site landscaping shall be in harmony with the residential character of the neighborhood. Existing site features which add value to the development or to the Town, such as mature trees, watercourses, wetlands, topography, historic assets, or similar irreplaceable open space resources shall be preserved to the maximum extent feasible through the design and layout of buildings, driveways, walkways, and parking that is sensitive to the context of surrounding views and uses.
(16) Recreational open space sufficient to serve the residents at the property shall be provided in all newly constructed multiple-dwelling developments. No less than 50% of the undeveloped open space required to be set aside shall be dedicated as recreational space for use by residents of the dwelling units. Such recreational areas shall be usable and accessible and shall not include wetlands, steep slopes (exceeding 15% grade), or acreage used for other development purposes, such as utilities, sewer and water, stormwater management, or other purposes.
(17) No accessory structures shall be visually dominant over the view of the principal use building from a primary public roadway or constructed within 50 feet of any access road or 10 feet from any parking area.
(18) Special use permit approval requires evidence that traffic generation has been sufficiently analyzed and that all adverse impacts will be properly mitigated to the satisfaction of the transportation agency with jurisdiction.

MURA, MURC and MUEC Overlay Districts:

A. The requirements of § 295-13: Multiple dwellings, shall not apply to multiple dwellings a part of a mixed use.
B. Multiple-dwelling housing may be in the form of townhouses, row houses, apartments, brownstone apartments, or similar configuration of attached units.

Municipal buildings

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
Permitted provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Museums

Nursery schools

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Child-care centers, day-care centers, nursery schools, preschool nurseries and family day-care homes shall be permitted under the following conditions:

(a) Child-care centers, day-care centers, nursery schools and preschool nurseries shall be permitted when housed in an established church facility which shall be duly licensed by the New York State Department of Social Services and the building facilities of which shall be annually inspected by the Building Inspector or designee for compliance with all building and fire codes. The Building Inspector or designee shall issue a new certificate of occupancy as evidence that the facility is in compliance with the codes. The cost for such inspection and certificate of occupancy shall be included in a child-care center registration fee established by the Town Board.

(b) Child-care centers, day-care centers, preschool nurseries and nursery schools, when not housed in an established church facility, shall apply to the Town Board for a special permit as per the requirements of Article XII: Permits of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection (a) of this section shall apply.

Nursing homes

Districts Where Allowed Districts where use may be permitted with Special Use Permit: R-2-15 Districts where use may be permitted with Special Use Permit: RR

Vehicle Parking:
1 parking space minimum per 1.8 residents. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

RR District:
Senior housing, including assisted living, nursing home and ancillary health-related facilities, may be authorized in areas with municipal water and sewer by a special permit granted by the Town Board, provided such uses are proposed and built at a density and design that is responsive to the intent of this District, giving consideration to the community needs for such facilities. The Town Board may impose reasonable conditions and request incentives from the development of such projects, including but not limited to provision of land and/or funds for on- and off-site open space conservation. In granting such permit for senior housing and related facilities, the Town Board may modify the density and dimensional requirements of this District.

R-2 , B-1 and B-2 Districts:
Upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII: Special Use Permits of this chapter.

See § 295-14A for more detailed information on permitted uses in the B-1 District.

Offices and office buildings

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2 Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC

Vehicle Parking:
1 parking space minimum for each 300 square feet of office floor area. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
See § 295-14A for more detailed information on permitted uses in this district.

Offices, corporate and administrative

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.

Parking, surface lot

Parks, public

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA, MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
This use includes similar recreational areas and structures not operated for gain.
See § 295-14A for more detailed information on permitted uses in this district.

Personal service shops

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, dry cleaner, laundromat or custom cleaning services.

Districts Where Allowed Districts where use is Permitted by Right. : B-1, PCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
Includes barbershops, beauty shops, dry cleaners, laundromats, etc.,
See § 295-14A for more detailed information on permitted uses in this district.

Pharmacy (non-drive-through)

Plant nurseries

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).

Plating and toolmaking

Playgrounds, public

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA, MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
This use includes similar recreational areas and structures not operated for gain.
See § 295-14A for more detailed information on permitted uses in this district.

Plumbing, heating and electrical stores

Poolrooms, billiard, pinball and other recreation rooms

Preschool nurseries

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC May be allowed subject to Provisions: B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Child-care centers, day-care centers, nursery schools, preschool nurseries and family day-care homes shall be permitted under the following conditions:

(a) Child-care centers, day-care centers, nursery schools and preschool nurseries shall be permitted when housed in an established church facility which shall be duly licensed by the New York State Department of Social Services and the building facilities of which shall be annually inspected by the Building Inspector or designee for compliance with all building and fire codes. The Building Inspector or designee shall issue a new certificate of occupancy as evidence that the facility is in compliance with the codes. The cost for such inspection and certificate of occupancy shall be included in a child-care center registration fee established by the Town Board.

(b) Child-care centers, day-care centers, preschool nurseries and nursery schools, when not housed in an established church facility, shall apply to the Town Board for a special permit as per the requirements of Article XII: Permits of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection (a) of this section shall apply.

Printing, lithographing and engraving

Professional offices and buildings

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2 Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: MUEC

Vehicle Parking:
1 parking space minimum for each 300 square feet of office floor area. See § 295-44: Off-street parking for more detailed information on parking.

Public garages; parking structures

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: I, ILCD, MURA, PCD

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

PCD District:
See § 295-20B(2) for more detailed information on permitted uses in this district.

ILCD District:
See § 295-21M for more detailed information on permitted uses in this district.

I District:
See § 295-25A(20) for more detailed information on permitted uses in this district.

Radio and TV studios

Real estate services

Recreation facility, indoor

Religious institutions

Restaurant, eat-in

Districts Where Allowed Districts where use is Permitted by Right. : ILCD, PCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MURA, MURC Districts where use may be permitted with Special Use Permit: B-1, MUEC

Vehicle Parking:
1 parking space minimum for each 3 seats, plus 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
With additional requirements at § 295-54.1A
See § 295-14B for more detailed information on permitted uses in this district.

PCD District:
See § 295-20B(2) for more detailed information on permitted uses in this district.

ILCD District:
Subject to obtaining special use permit, including additional requirements at § 295-54.1: Additional provisions for certain specific uses requiring special use permit.

See § 295-54.1A for detailed information on special use permits.

Restaurants not serving alcohol

Restaurants, fast-food/drive-through

Retail department stores

Districts Where Allowed Districts where use is Permitted by Right. : PCD Districts where use may be permitted with Special Use Permit: MURA

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

PCD District:
For the conducting of any retail business not otherwise listed in § 295-15: Prohibited uses in B-1 Districts or § 295-14B.

Retail stores and shops

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.

Districts Where Allowed Districts where use is Permitted by Right. : B-1 Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
These uses are for the conducting of any retail business not otherwise listed in § 295-15: Prohibited uses in B-1 Districts or § 295-14B.
See § 295-14A for more detailed information on permitted uses in this district.

Roadside stands

.

Schools

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
Provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Self-storage facilities

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.

Senior housing (not comprising single-family detached dwellings)

Districts Where Allowed Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC Districts where use may be permitted with Special Use Permit: RR

Vehicle Parking:
1 parking space minimum per 1.8 residents. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

Rural Residential District:
Senior housing, including assisted living, nursing home and ancillary health-related facilities, may be authorized in areas with municipal water and sewer by a special use permit granted by the Town Board, provided such uses are proposed and built at a density and design that is responsive to the intent of this District, giving consideration to the community needs for such facilities. The Town Board may impose reasonable conditions and request incentives from the development of such projects, including but not limited to provision of land and/or funds for on- and off-site open space conservation. In granting such permit for senior housing and related facilities, the Town Board may modify the density and dimensional requirements of this District.

Shopping centers

Single-family dwellings

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
2 1/2 parking spaces minimum required for each dwelling unit in the building or buildings.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
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.

See § 295-14B for more detailed information on permitted uses in this district.

Single-family dwellings, detached

Districts Where Allowed Districts where use is Permitted by Right. : B-2, R-1-15, R-1-20, R-2-15, RR Districts where use may be permitted with Special Use Permit: B-1

Vehicle Parking:
2 1/2 parking spaces for each dwelling unit in the building or buildings. See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
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.

See § 295-14B for more detailed information on permitted uses in this district.

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: B-1, I, ILCD

Vehicle Parking:
1 parking space minimum for each 200 square feet of store floor area and 1 parking space for each 2 employees.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:
(1) Increased buffer.

(a) Smoke shops may only be established no less than 1,000 feet from any a) school or school grounds, b) park or playground, c) church/house of worship, d) residence, or e) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Whether a use qualifies as one of the aforementioned, and thus requires an increased buffer, shall be assessed by the Town Board as part of the special permit process. Such 1,000-foot setback shall be measured from the closest portion of the premises (inclusive of the building or leased tenant space, as well as any exterior portions where the actual sales might take place, such as outdoor sales locations or a drive-through window) to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).

(b) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider: whether there is a sufficient physical barrier between the establishment and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same which would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.

(2) Additional special permit factors. In considering a special permit for a smoke shop, the Town Board shall additionally consider how the § 295-54 special permit factors apply specifically to any surrounding properties within a 250-foot distance, measured door-to-door. When measuring door-to-door, the nearest doors shall be used (not including emergency exit only doors).

B-1 and I Districts:
Smoke shops, subject to obtaining a special use permit in accordance with § 295-54.1, but only on lots with zoning street frontage sufficient for ingress/egress to the smoke shop on a) Jefferson Road, between John Street and Winton Road, or b) West Henrietta Road, between Dorschel Parkway (the private road situated at the southern edge of 3755 West Henrietta Road, parcel ID 161.15-1-27.11) and the CSX Rail overpass north of Jefferson Road.

I District:
Smoke shops, prohibited, except only as otherwise specially permitted at § 295-25A.

Software development and computer-related industries

Districts Where Allowed Districts where use is Permitted by Right. : I, ILCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA Districts where use may be permitted with Special Use Permit: MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

Includes software development, software as a service, computer-assisted design, 3-D imaging and printing, and other computer-related industries.

Solar energy systems, large-scale

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

See § 295-68: Definitions for other terms associated with solar energy systems.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: RR

Development Requirements:

Applicability; general requirements for solar energy systems.
The following requirements shall apply to all solar energy systems:

A. Building permit. All solar energy systems require a building permit prior to construction.

B. Lot size, coverage, height, yard and setback requirements. Solar energy systems shall comply with all dimensional requirements of the district they are located within, including minimum lot size, maximum coverage, and maximum height and yard setbacks, except as otherwise provided in this chapter.

C. All solar energy systems shall be designed, erected and installed by a qualified solar installer, except that residential rooftop solar energy systems installed on single-family homes may be installed by the homeowner so long as the installation is inspected by a duly qualified third-party electrical inspector, and all such installations must be in accordance with all applicable codes, regulations and industry standards, including as referenced in the New York State Uniform Fire Prevention and Building Code (i.e., the Uniform Code or the Building Code), the New York State Energy Conservation Code (Energy Code) including as modified by NYStretch (see § 48-1), and the other applicable provision of New York law and the Town of Henrietta Code.

D. Reflection/glare. Solar energy systems shall be designed and located in order to limit reflective glare toward any roads or inhabited buildings.

E. Modifications to an existing solar energy system that increase the solar energy system footprint by more than 5% shall be subject to this article.

F. Solar panels shall not be used for purposes or in ways other than for what they are designed and intended: to generate energy from solar.

G. Abandonment. Abandoned solar energy systems must be decommissioned.

H. Solar energy systems on government-owned property operated for the benefit of a government entity are exempt from this article.

See § 295-73: Additional requirements for large-scale solar energy systems for detailed information on this use.
See Article XVI: Solar Energy Systems for additional information.

Solar energy systems, medium-scale

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

See § 295-68: Definitions for other terms associated with solar energy systems.

Solar energy systems, rooftop nonresidential

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).

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, I, ILCD, PCD Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA Districts where use may be permitted with Special Use Permit: MURC

Development Requirements:
See § 295-69: Applicability; general requirements for solar energy systems for applicability and general requirements for all solar energy systems.

Solar energy systems, rooftop residential

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 off 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).

See § 295-68: Definitions for other terms associated with solar energy systems.

Districts Where Allowed Districts where use is Permitted by Right. : R-1-15, R-1-20, R-2-15, RR Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC

Development Requirements:

Rooftop solar energy systems:

A. Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are installed with a maximum distance of eight inches between the roof and highest edge of the system or as building codes dictate.
B. Solar panels on pitched roofs shall not extend higher than the highest point of the peak of the roofline on which they are installed.
C. Solar panels on flat roofs shall not extend above the top of the surrounding roof parapet or more than 24 inches above the flat surface of the roof, whichever is higher.
D. Roof-mounted solar energy systems shall be designed and installed so as to protect against injury from the shedding of ice or snow from the roof onto any pedestrian or vehicular travel area, sidewalk, stairwell, driveway, parking area, or porch.
E. Energy produced by a rooftop solar energy system shall be consumed on site and/or may be transferred off site to a utility but only in order to and in an amount sufficient to offset on-site energy usage.

See § 295-69: Applicability; general requirements for solar energy systems for applicability and general requirements for all solar energy systems.

See also Article XVI: Solar Energy Systems for complete information.

Solar energy systems, small-scale

A solar energy system that is smaller than 1,000 square feet, not comprising residential rooftop 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.

See § 295-68: Definitions for other terms associated with solar energy systems.

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, I, ILCD, PCD, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC

Development Requirements:

Small-scale solar energy systems.

A. Where permitted, only allowed as an accessory structure, subordinate to the primary structure on the site, and thus subject to corresponding maximum lot coverage requirements.
B. Shall be installed in the side or rear yards and as otherwise subject to the setback requirements of the underlying zoning district.
C. Shall be subject to the maximum height limitations for accessory structures in the underlying zoning district or 12 feet, whichever is less, when the system is oriented at its maximum tilt.
D. Shall be appropriately screened to minimize views from adjacent residential properties with a minimum height of six feet of visual screening and from other uses or public rights-of-way. Alternatively to the screening, the applicant may submit a release of this requirement signed by all adjacent residential property not screened as set forth herein.
E. Energy produced by a small-scale solar energy system shall be consumed on site and/or may be transferred off site to a utility but only in order to and in an amount no greater than sufficient to offset on-site energy usage.

See § 295-69: Applicability; general requirements for solar energy systems for applicability and general requirements for all solar energy systems.

See also Article XVI: Solar Energy Systems for complete information.

R-1 District:
Where the solar energy system footprint covers more than 1% of the area of the subject lot, a special use permit shall be required.

Special district buildings

Districts Where Allowed Districts where use is Permitted by Right. : B-1, B-2, R-1-15, R-1-20, R-2-15, RR Districts Allowed as a Mixed Use (with component use Special Use Permit): MUEC, MURA, MURC

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
Provided that no such building shall be located within 50 feet of any adjoining lot line, and off-street parking shall be provided as set forth in § 295-44: Off-street parking.
See § 295-14A for more detailed information on permitted uses in this district.

Specialty motor vehicle limited showroom and sales

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.

Stables, commercial

STABLE, PUBLIC

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

Stables, private

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

Storage sheds

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.

Storage spaces

Swimming pools, private

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.

Districts Where Allowed Districts where use is Permitted by Right. : R-1-15, R-1-20, R-2-15, RR

Development Requirements:

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.

Swimming pools, public

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.

Districts Where Allowed Districts where use is Permitted by Right. : MURA, MURC, PCD, R-1-15, R-1-20, R-2-15, RR

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

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.

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.

Theaters (indoor)

Districts Where Allowed Districts where use is Permitted by Right. : B-1, PCD Districts where use may be permitted with Special Use Permit: MUEC, MURA, MURC

Vehicle Parking:
1 parking space minimum for each 2 seats, based on maximum seating capacity.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

B-1 District:
This use excludes drive-in theaters.
See § 295-14A for more detailed information on permitted uses in this district.

Theaters (outdoor or drive-in)

Townhouses

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.

Trucking companies

Two-family dwellings

Districts Where Allowed Districts where use may be permitted with Special Use Permit: R-2-15

Vehicle Parking:
2 1/2 parking spaces minimum for each dwelling unit in the building or buildings.
See § 295-44: Off-street parking for more detailed information on parking.

Development Requirements:

R-2 Residential Districts:
Upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII: Special Use Permits of this chapter.

B-1 District:
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.

See § 295-14B for more detailed information on permitted uses in this district.

Used car lots

Value-added processing, fabrication, assembly, packaging and distribution

Vehicle storage lots for dealerships/motor vehicle sales businesses

Districts Where Allowed Districts where use is Permitted by Right. : I, ILCD Districts where use may be permitted with Special Use Permit: B-1

Vehicle Parking:
See § 295-44: Off-street parking for detailed information on parking.

Development Requirements:

B-1 District:
For new cars and trucks only, for dealerships/motor vehicle sales businesses legally existing in the Town of Henrietta, for the purposes of storing new vehicles for sale through said Town of Henrietta dealership/motor vehicle sales business off site, but only if there is no customer activity and no sales activity taking place on the storage lot, and only upon obtaining a special use permit from the Town Board, which special use permit may be issued for a limited duration (and which may be renewed upon application therefore under these same regulations). Additional factors to be assessed upon considering the special use permit include minimizing the visual impact of the storage lot from any public street; minimizing the visual impact on any surrounding properties (especially residential properties); minimizing the impact on the operation of any surrounding properties; whether the parking lot will comprise re-use of an existing parking lot and, if not, the visual and environmental impacts expected as a result of paving required; and sufficient ingress, egress and circulation for the safe loading and unloading of vehicles.

See § 295-14B for more detailed information on permitted uses in this district.

I District:
Vehicle storage lots for dealerships/motor vehicle sales businesses, for new cars and trucks only, for dealerships/motor vehicle sales businesses legally existing in the Town of Henrietta, for the purposes of storing new vehicles for sale through said Town of Henrietta dealership/motor vehicle sales business off site, but only if there is no customer activity and no sales activity taking place on the storage lot, and only upon obtaining a special use permit from the Town Board, which special use permit may be issued for a limited duration (and which may be renewed upon application therefore under these same regulations). Additional factors to be assessed upon considering the special use permit include minimizing the visual impact of the storage lot from any public street; minimizing the visual impact on any surrounding properties (especially residential properties); minimizing the impact on the operation of any surrounding properties; whether the parking lot will comprise reuse of an existing parking lot and, if not, the visual and environmental impacts expected as a result of paving required; and sufficient ingress, egress and circulation for the safe loading and unloading of vehicles.

Veterinarian medicine practices

Warehousing, storage and distribution

Warehousing/cold storage

Wholesale houses

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

MapLink™ | Land Uses

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

Town of Henrietta, NY

MapLink™ | Land Uses