Dumping refuse, garbage and other substances is prohibited in all districts in the town.

The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter.

A. Authority. The Town Board shall have the authority, in accordance with the procedures and standards hereinafter established, to create and to designate historic sites within the Town and to amend or rescind such designations as from time to time shall seem appropriate.

B. Purpose. Historic sites may be created in furtherance of the following public purposes, which are hereby found to be in the interest of the health, prosperity and welfare of the Town and its residents:

(1) To effect and accomplish the protection, enhancement, perpetuation and use of improvements and areas of special character or special history or aesthetic interest or value which represent or reflect elements of the town's cultural, social, economic, political and architectural history.
(2) To safeguard the town's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.
(3) To stabilize and improve property values in such areas.
(4) To foster civic pride in the beauty and noble accomplishments of the past.
(5) To protect and enhance the town's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
(6) To strengthen the economy of the town.
(7) To promote the use of historic sites and landmarks for the education, pleasure and welfare of the people of the town.

C. Initiation. Proceedings for the designation of historic sites may be initiated by either the Town Board or the Historic Site Committee.

Historic Site Committee.
The Historic Site Committee shall be comprised of a total of seven members. All members shall be appointed by the Town Board for four-year terms. Additionally, the Town Historian shall serve in a consulting and advisory role to the Committee.

Standards for designation of historic sites or preservation districts.

A property shall be considered for designation if at least two of the following factors are provided:

A. The presence of special historical interest relating to local, state or national history.
B. The presence of special character or aesthetic interest or value caused by the development pattern of the area or by natural, landscaping or topographical features of the area.
C. The presence of one or more periods or styles of architecture typical of one or more eras in the history of the Town which gives the area a distinct character.
D. The concentration of indigenous examples of local architecture which have not been significantly altered from their original design and which have a uniform scale and derive special value from the repetition of scale and form.
E. The presence of one or more distinguished buildings of high architectural quality and historic interest.
 

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A. Purpose. Generally, the purpose of incentive zoning is to provide a means to protect open space, historic resources, and working agricultural lands, and provide for additional community benefits and amenities to the Town in exchange for certain incentives to property owners and prospective developers of projects within designated areas of the Town. Incentive zoning is meant to encourage the long-term conservation and preservation of high-quality farmland, natural and cultural resources, and open space in Henrietta, particularly in the mostly rural southern half of the Town. Incentives are also intended to encourage economic revitalization and provision of essential services to neighborhoods throughout the community. The following incentive categories are established under this article and available in exchange for specific community amenities as identified, herein. These include:

(1) The open space incentive category. The purpose of the open space Incentive Category is to encourage future residential subdivision in the Rural Residential District to be creatively designed so that new homes are located in the landscape in a way that protects open space, valuable resources, and the rural character of Henrietta.

(2) The commercial revitalization incentive category. The Commercial Revitalization Incentive Category encourages the redevelopment of formerly developed commercial parcels to help revitalize business areas and bring properties back on local tax rolls. The purpose is to encourage reuse, redevelopment, and the revitalization of vacant, dormant, and especially dilapidated commercial buildings in the Town.

(3) The neighborhood upgrade incentive category. The Neighborhood Upgrade Incentive Category encourages upgrades to infrastructure where needed in adjacent residential neighborhoods when being developed anyway as part of an applicant's development. This may include extension of utilities and public services, referred to as "drag-along infrastructure." The purpose is to improve visual and functional transition between new nonresidential development and adjacent residential neighborhoods.

(4) The historic properties incentive category. The purpose of the Historic Properties Incentive Category is to encourage the reuse, maintenance and preservation of cultural resources in the community such as historic buildings, structures and sites, including archeologically sensitive locations. This includes cultural resources in the hamlets of East Henrietta and West Henrietta.
 

B. Legislative intent. Preservation of open space, agriculture, and cultural resources as well as encouragement of economic revitalization, is a benefit to the public. The intent of incentive zoning is to offer incentives to developers to encourage the preparation of project plans in a manner that would provide greater community benefit to the Town and environment although it might not be the most cost-efficient approach for the developer. The Town Board finds that establishing incentive zoning provides benefits to both the developer and Town residents by encouraging the following:

(1) Preserving open space and our agricultural heritage that are two of the most important goals identified by Town residents in surveys conducted as part of the Town's Comprehensive Land Use Planning process. Encouraging developers to preserve large portions of otherwise buildable land, especially in the Rural Residential Zoning District, helps achieve those goals.

(2) Expanding parkland to provide more recreational opportunities for residents. The Town has limited parklands and interconnecting trails and land is costly to obtain so if quality parkland can be acquired through use of incentives, doing so provides significant public benefit to the Town. It is important that the Town Board consider the location of potential parkland, relative to other Town parks, as well as the nature and characteristics of the land itself. Obtaining land that has little use as a park does not provide a substantial community benefit because it also takes that land off the tax rolls.

(3) Reusing long dormant and vacant buildings may increase the cost of a development project over building new structures on new sites, but it has significant community benefit in that it removes what is often an eyesore from the Town's perspective, and improves the Town's tax rolls. It may also preserve the undeveloped greenfield site and open space that might have otherwise been developed.

(4) Encouraging development projects to extend sidewalks, cycling amenities, and pedestrian trails beyond the immediate project area provides an important community benefit. As many of the roads in Henrietta were built without consideration for cyclists and pedestrians, it becomes expensive for the Town to add those amenities later. The Town, as part of its active transportation plan and consistent with complete street policies, encourages all new developments to have sufficient sidewalks and cycling lanes or trails as part of their development and to extend those sidewalks and trails into the surrounding neighborhoods where these amenities do not exist. These extensions would be a significant community benefit and are worth incentivizing in order to create connected networks of pedestrian trails and facilities.

(5) Bringing public utilities to older neighborhoods and homes that do not currently have access to certain utilities and for which it would be too costly to provide through a municipal bond creates substantial benefit to underserved areas. This is sometimes referred to as "drag along infrastructure." This is especially important where neighboring homes do not currently have access to public water. Access to public water for the few remaining houses in Town not served by public water is a significant community benefit and will also benefit local farming and promote sustainable agriculture.

(6) Similarly, as development increases, permeable surfaces decrease which has the potential to limit where septic systems and leach fields can be built. As such, as many older homes, especially those that were once farmhouses, are now surrounded by large neighborhoods, it makes it difficult for them to be able to repair or replace their septic systems. The opportunity to connect to available public sanitary sewers is a benefit to the community. When considering this incentive, the Town Board will need to determine whether the new infrastructure provides benefit to homes outside of a new development, and whether that infrastructure is an important public benefit.

(7) Realizing long-term benefits of implementing incentive zoning through use of conservation easements that include:

(a) A beneficial and permanent way to preserve private lands of value to the community without the need to acquire such property;
(b) Possible income tax and estate tax benefits for landowners; and/or
(c) A relatively inexpensive way to achieve community open space, farmland protection, provision of parks and recreation opportunities, and hazard mitigation, such as from flooding.

Incentive zones.
The following incentive zones are hereby established in the Town.

A. Rural Residential Incentive Zone. The Rural Residential Incentive Zone is coterminous with the Rural Residential Zoning District as designated on the Official Zoning Map of the Town of Henrietta. See § 295-34.11A for more detailed information. 

B. Commercial Revitalization Incentive Zone. The Commercial Revitalization Incentive Zone is coterminous with all Commercial B-1 or B-2 zoning districts as designated on the Official Zoning Map of the Town of Henrietta. See § 295-34.11B for detailed information.

C. Neighborhood Upgrade Incentive Zone. The Neighborhood Upgrade Incentive Zone is Town-wide and thus applies to all zoning districts. See § 295-34.11C for detailed information.

D. Historic Properties Incentive Zone. The Historic Properties Incentive Zone is Town-wide and thus applies to all zoning districts. See § 295-34.11D for detailed information.

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A. As a condition to the issuance of a permit for any commercial use in commercial districts, the owner shall construct a mall at least 20 feet in width, measured at right angles to the highway, immediately adjacent to the highway on which the lands to be used commercially abut, along the entire frontage of the owner's property. Such mall shall have structures at least one foot high, one on each side of said mall, to prevent vehicles from driving over the mall. The owner shall plant such mall with grass or other plants for ground cover and shall, if required by the Planning Board, plant trees thereon. A maximum of 25% of the frontage may be excluded from the mall for private access drives.

B. The applicant for a commercial permit shall submit plans and specifications for such mall to the Planning Board prior to the application for a building permit. Until such mall has been constructed according to the approved plans and specifications so submitted, no certificates of occupancy for such premises shall be issued.

A. No building damaged by fire or by an act of God to the extent of more than 50% of its true value shall be repaired or rebuilt, except in conformity with the regulations of this chapter, except one- and two-family dwellings shall be permitted to be rebuilt regardless of current zoning classification. Nothing in this chapter shall prevent the replacement of any structural member to ensure the safety of a building. If a request is made to use the existing foundation, or a part thereof, written documentation from a licensed structural engineer approving this use must be presented to the Town prior to a permit being issued. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. No nonconforming use shall be extended to displace a conforming use.

B. Notwithstanding any provisions of the preceding subsection, upon special use permit of the Town Board as set forth below, a public garage, gasoline filling station, motor vehicle service supply station, motor vehicle showroom or sale or service facility located on any parcel of land which was used or built for such a purpose at the adoption of this amendment may be reconstructed, replaced, reinstated, modified or demolished and rebuilt within one year of demolition. Special use permit for the above may be granted only by the Town Board of the Town of Henrietta after a public hearing as provided in Article XII: Special Use Permits and in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter and further upon the requirements set forth in § 295-48: Special provisions for service stations. of this chapter for gasoline service stations and motor vehicles service and supply stations.

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The following additional zoning regulations (i.e., conditions and/or "specifics") shall apply to the parcels/lands identified below (via reference to the Zoning Map Designation), in addition to the regulations of the standard zoning district(s) pertaining to such lands (i.e., the regulations of the Industrial District), all as set forth below. Where there is any inconsistency between the regulations of the standard zoning district and these additional regulations, these additional regulations shall prevail.

(1) That the specific use for this land for a shopping mall is hereby approved without the need for further site plan approval, except as hereinafter enumerated, and that those areas designated on the developer's plans as of the date of the public hearing which are marked "undeveloped" or "yet to be developed" shall be subject to preliminary and final site plan approval by the Henrietta Planning Board in the manner presently required by the present Henrietta Planned Unit Development Ordinance. Among other matters deemed to be pertinent by the Planning Board, particular effort shall be directed towards securing realistic means of vehicular and pedestrian ingress and egress to the subject site from contiguous lands so as to provide coordination of facilities with such contiguous lands.
(2) That prior to construction of the mall, all provisions of the existing Drainage Ordinance of the Town of Henrietta shall be met, and detailed drainage plans shall be submitted to the Director of Engineering and Planning for his review and approval, and, in addition thereto, all flood control measures presently in effect in the Town of Henrietta shell be met, but the developer shall be given the option of presenting its own flood control data to the Town Board for its review and approval.
(3) That the developer shall present to the Town Board for its review and approval, detailed landscaping, lighting, sign, and parking plans. Such parking and landscaping plans shall provide the minimum number of parking spaces which are economically feasible.
(4) That the balance of the land which is designated in the Henrietta Comprehensive Land Use Plan as high-density planned unit development shall not be developed until such time as an article for the Town Zoning Ordinance which provides for a high-density planned unit development is adopted by the Town Board. It is understood that the owners of such parcels shall work closely with the Town in framing such an ordinance. Rezoning of this parcel or parcels and the subject premises as a high-density planned unit development shall follow the adoption of this article.
(5) That until the adoption of a high-density planned unit development ordinance, all applications for preliminary and final site plan approvals for the areas enumerated "undeveloped" or "yet to be developed" shall be referred to the Monroe County Planning Department for advisory reports. Such reports shall be rendered to the Town Board within 30 days of referral. This ordinance shall become effective within 10 days of the posting and publishing of the same in accordance with the provisions of applicable law.

(1) The rezoning of the subject parcel is expressly subject to and conditioned upon the conveyance by the owners of a parcel of land comprising Tax Account 558-265 described below and approximately 18.32 acres in size (Parcel north of St. Patrick Drive, Tax ID #161.19-1-13). The parcel to be conveyed to the Town shall be designated on the Zoning Map as public lands for park use.
(2) It is understood and agreed that there shall be no ingress or egress to and from the lands hereby rezoned and the portion to be conveyed to the Town.
(3) The owners may erect at their expense in a manner and location to be approved by the Town Board a suitable plaque commemorating the dedication of the subject portion of their lands to the Town of Henrietta for public purposes.

(1) Permitted uses.
(a) Medical centers.
(b) Offices and office buildings.
(c) Banks.
(d) Professional buildings.
(e) Any other business or commercial uses not specifically enumerated herein and not specifically prohibited by § 295-15: Prohibited uses in B-1 Districts or § 295-16B may be allowed upon obtaining a special use permit from the Town Board after notice and a public hearing in accordance with the procedures as set forth in Article XII of this chapter.
(2) Prohibited uses.
(a) All uses prohibited in B-1 Commercial Districts, § 295-15: Prohibited uses in B-1 Districts..
(b) All uses prohibited in B-2 Commercial Districts, § 295-16B.
(3) Additional considerations.
(a) A visual screen buffer between commercial and residential will be established along the western boundary. This buffer will be reviewed by the Planning Board at the time of site plan approval.
(b) Curb cuts to the rezoned area will be limited to those presently provided by the New York State road and sidewalk system.

(1) No building permit shall be issued for buildings or structures in any part of the premises described in Exhibit A unless and until the applicant shall have first submitted to the Planning Board of the Town of Henrietta and obtained the approval of such Board of site plans with reference to building location, landscaping, lighting, parking, drainage construction, and remodeling of existing buildings or structures.
(2) In no event shall parking be permitted in the rear of any building.

The following additional zoning regulations (i.e., conditions and/or "specifics") shall apply to the parcels/lands identified below (via reference to the Zoning Map Designation), in addition to the regulations of the standard zoning district(s) pertaining to such lands (i.e., the regulations of the Industrial District), all as set forth below. Where there is any inconsistency between the regulations of the standard zoning district and these additional regulations, these additional regulations shall prevail.

(1) The rezoning of the subject parcel is expressly subject to and conditioned upon the conveyance by the owners of the subject parcel of a portion thereof lying in the southeast corner of the parcel and more particularly described in Subsection (b)7 (Belmanor Park, Tax ID #163.05-1-1).
(2) That it is understood and agreed that there shall be no ingress or egress to and from the lands hereby rezoned and the portion thereof to be conveyed to the Town.
(3) That it is further understood that the Town shall erect and maintain at its own expense an appropriate fence along the lot lines adjoining the owner's remaining lands being hereby zoned industrial.
(4) That the owners may erect at their expense in a manner and location to be approved by the Town Board a suitable plaque commemorating the dedication of the subject portion of their lands to the Town of Henrietta for public purposes.
(5) That, as a further condition of rezoning, there shall be no connection of any access road to the lands hereby zoned industrial to and with streets and public ways within adjoining residential developments, including Pitts-Colony or Manordale Subdivision.
(6) That development within the parcel being hereby rezoned for industrial use shall be subject to appropriate setback and buffering requirements which may be hereafter imposed by the Town Board or Planning Board of the Town of Henrietta in accordance with law; provided, however, that the area conveyed and described in F(8)(b)[7] shall be deemed to meet the setback, buffering, and landscaping requirements for development in the area immediately adjoining the parcel conveyed which might be imposed to shield adjoining residential developments.
(7) That all the tract or parcel of land situated in Town Lot 4, 2nd Range, Township 12, Range 7, Town of Henrietta, County of Monroe and State of New York, recorded as Tax Account No. 86-000 (Belmanor Park, Tax ID #163.05-1-1), containing 0.995 acres, more or less, shall be dedicated as public lands to the Town of Henrietta.

(1) It is the legislative intent of this section to provide the lands on the north slope of this parcel which face high-density residential homes to have businesses and industry which will provide a pleasing buffer between the residential use, north of Calkins Road, and industrial use of the south slope, and Lehigh Station Road. In order to ensure this desire, the Town Board hereby requires that all projects to be located on the north slope facing Calkins Road shall be required to obtain a special use permit in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter.
(2) Permitted uses for the north slope, which is to an east-west line 2,500 feet south and parallel to the property line of Calkins Road:

(a) Woodworking industry.
(b) Optical industry, including manufacture and assembly of optical instruments, cameras, and associated photographic products.
(c) Electrical and electronic industry manufacturing or assembly.
(d) Industrial, scientific control, and temperature recording instrument manufacturing or assembly.
(e) Security systems manufacturing or assembly.
(f) Clothing industry manufacturing and assembly.
(g) Building heating, ventilation, mechanical and plumbing equipment and supplies.
(h) Paper products manufacturing, assembly, or distribution.
(i) Communication systems manufacturing or assembly.
(j) Furniture and business equipment manufacturing or assembly or distribution.
(k) Printing, lithography, and engraving.
(l) Machine shops and toolmaking (punch presses, drop hammers, etc., not over 20 tons).
(m) Food and drink processing.
(n) Offices and warehouses for industries listed above.
(o) Information and computer centers for industries listed above.
(p) Buildings and structures to house laboratories, scientific research centers, experimental and development centers, offices and administrative centers, in connection with the uses listed above.
(q) Multiple dwellings.

(3) Prohibited uses for the north slope, which is to an east-west line 2,500 feet south and parallel to the property line of Calkins Road:

(a) Single-family dwellings, two-family dwellings, multi-family dwellings, boardinghouses, and nursing homes.
(b) All uses of land, buildings, and structures that may be noxious, offensive, or injurious by reason of production or emission of dust, smoke, refuse matter, odor, gas fumes, noise vibration, or similar substances or conditions.
(c) All uses prohibited in commercial districts by § 295-15: Prohibited uses in B-1 Districts.
(d) All uses prohibited in industrial districts by § 295-26: Prohibited uses.
(e) Meat processing and cold storage plants.
(f) Laundries and dry-cleaning plants.
(g) Creameries, milk condensing, and dairy product plants.
(h) No outside displays or storage of products of manufacture or assembly and automobile industry products including auto/truck sales, trailer/motor home, or farm/construction equipment sales.

(4) The lands which front on Lehigh Station Road or otherwise not included on the north slope, as defined above, are considered the south slope of the parcel and shall comply with Article VIII: I Industrial Districts of this chapter.
(5) Site and permit requirements.

(a) There shell be a front yard depth of 125 feet fronting on Calkins Road. Employee parking shall not be permitted in the front yard setback area. Front setback on interior roads shall be 80 feet.
(b) The side setback shall be 30 feet which shall contain a fire lane on each side of a building. Side setback on interior corner roads shall be 50 feet.
(c) The rear yard depth shall be 60 feet. All loading docks shall be located in the rear of the building. Also, off-street parking and employee parking per § 295-44: Off-street parking shall be located at the rear or side of the building.
(d) There shall be a landscaped berm running east and west and 25 feet south of Calkins Road between West Henrietta Road and the Genesee Expressway. This berm shall be at least 10 feet high and have at least two live evergreen trees per 20 feet of length, or equivalent as approved by the Planning Board.
(e) There shall be no driveways or access roads within 300 feet west of Palo Alto Drive west right-of-way line extended and 500 feet east of Palo Alto Drive east right-of-way line extended. There shall be no more than two curb cuts on Calkins Road.
(f) Height of the buildings and structures shall be limited to 40 feet unless excepted by the conditions of the special use permit granted by the Town Board in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter.
(g) Conditions for granting a building permit shall include but not be limited to:

[1] Approval of a site plan by the Town Planning Board, Conservation Board, Monroe County Planning Council, Director of Engineering and Planning, Town Fire Marshal, and the New York State Department of Environmental Conservation.
[2] Approval of plumbing and waste disposal plans by the Monroe County Health Department and Monroe County Pure Waters Agency.
[3] Approval of buildings plans by the Director of Building and Fire Prevention.

(1) Permitted uses.

(a) Scientific and engineering research and development.
(b) Buildings and structures to house laboratories, scientific research centers, experimental development centers, offices and administrative centers in connection with the use provided above.
(c) Any industrial use not specifically enumerated here and not specifically prohibited may be permitted upon obtaining a special use permit from the Town Board after notice and public hearing in accordance with the procedures set forth in Article XII: Special Use Permits of this chapter.

(2) Prohibited uses.

(a) All single-family, two-family, or multiple-family dwellings and nursing homes.
(b) All uses prohibited in commercial districts by § 295-15: Prohibited uses in B-1 Districts and § 295-16B, except that automobile dismantling may be conducted in connection with the permitted uses set forth above.
(c) All uses of land, buildings, and structures that may be noxious, offensive, or injurious by reason of production or emission of dust, smoke, refuse, matter, odor, noise, vibration, or similar substances or conditions.

(3) Any buildings constructed within the West Henrietta Hamlet Historic District (also known as the West Henrietta Historic District) must have a facade that is consistent with the architecture of the District, as approved by both the Planning Board and the Henrietta Historic Site Committee.