Henrietta City Zoning Code
ARTICLE XIV
Planning Board and Zoning Board of Appeals
§ 295-60 Planning Board.
A.
The Planning Board as now existing shall continue to exist. Its members shall be appointed by the Town Board in such manner and for such terms as provided by the Town Law and any amendments thereto.
B.
The Planning Board shall have the powers and duties prescribed by the applicable provisions of the Town Law, including the powers set forth in § 278 of the Town Law, provided that, in addition to the conditions set forth in § 278, no plat resulting from the application of the § 278 procedure which shows lands available for park, recreation, open space or other municipal purposes directly related to the plat shall be approved by the Planning Board unless and until the lands available for such purposes and the uses thereof have been first approved by resolution of the Town Board. The powers delegated to the Planning Board herein shall apply to all districts zoned R-1, R-2 and RR.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-6-2002 by L.L. No. 1-2002; 12-17-2014 by L.L. No. 3-2014]
C.
Site plan approval.
[Added 4-15-1998]
(1)
The Planning Board shall have the powers and duties to approve site plans for all applications where Planning Board review is required under the applicable provisions of this chapter consistent with the provisions of § 274-a of the Town Law of the State of New York. (See for example §§ 295-17, 295-19, 295-24, 295-29, 295-31 and 295-32 and all such other sections requiring Planning Board review as they now exist or from time to time are amended.)
(2)
Before issuing a building permit for the construction of a building on a lot in any district, except for one-family dwellings or two-family dwellings in approved subdivisions, or issuing a certificate of occupancy for a change in use of an existing premises, the Building Inspector or Assistant Building Inspector shall refer the site plans for construction on such lot to the Planning Board for its review and approval. Except for one-family dwellings or two-family dwellings in approved subdivisions or lots, no building permit or certificate of occupancy for a change in use of existing premises shall be issued except in accordance with the standards and procedures set forth in this section.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(3)
An applicant may, if the applicant so desires, apply for a sketch plan or concept plan meeting with the Planning Board. Upon payment of the appropriate fees, the concept plan or sketch plan will be submitted to the Planning Board for discussion at a regular meeting of the Planning Board. The purpose of the sketch plan or concept review is merely for guidance to the applicant, and there shall be no written decision or determination by the Board, and the submittal of the sketch plan or concept plan to the Planning Board shall not constitute a formal application to the Planning Board. If the applicant desires to proceed with the matter, it shall make new application to the Planning Board for site plan approval in accordance with the procedure as outlined in the subsections that follow.
(4)
Prior to submitting the matter to the Planning Board for site plan approval the applicant shall complete the site plan checklist adopted by the Board as on file with the Department of Building and Fire Prevention. Such site plan checklist shall be deemed a necessary requirement for site plan approval consideration.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(5)
Validity and expiration. After a site plan has been approved, said site plan shall expire and become null and void and of no effect one year after it is granted, unless, within such year:
[Amended 11-15-2023 by L.L. No. 12-2023]
(a)
A certificate of occupancy/compliance relating to a principal building or structure pursuant to such site plan (i.e., not an accessory building/structure, unless only an accessory building/structure is authorized via the site plan) is duly issued, or
(b)
A building permit required for a principal building or structure authorized pursuant to such site plan (i.e., not for an accessory building/structure, unless only an accessory building/structure is authorized) is duly applied for, in which case the site plan shall continue to be valid during the term of any active building permit for a principal building or structure authorized pursuant to such site plan (should one be issued), and such site plan shall expire and become null and void and of no effect at such time as there is no such currently active and valid building permit for a principal building or structure (e.g., all such building permits are expired, have been revoked, etc.), unless:
(c)
If other government permitting is required for construction (including, e.g., from the DOT, etc.) and a permit is duly issued by such other governmental agency and provided to the Town within such year, the site plan shall be valid for six additional months beyond the original expiration date (18 total months), and shall thereafter expire and become null and void and of no effect, unless, within such 18 months a requirement as per Subsection C(5)(1) or C(5)(2) above is satisfied.
(6)
Extension. The Planning Board, for good cause shown, may grant a longer period of time for the commencement of use, issuance of a certificate of occupancy/compliance, issuance of a building permit, and/or commencement of construction, provided, however, said application for extension shall be made before expiration of time. Such extensions shall be issued for periods of up to six months each. In determining whether good cause exists for such extension, the Board shall consider, among other things, the nature and extent of the construction and complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity of labor or materials, war or acts of God.
[Amended 11-15-2023 by L.L. No. 12-2023]
D.
Cluster development. The Planning Board may approve cluster development simultaneously with approval of a subdivision all in accordance with Town Law § 278.
[Added 2-27-2019 by L.L. No. 3-2019]
E.
Minimum transitional buffers.
[Added 7-10-2019 by L.L. No. 8-2019]
(1)
As an additional requirement of site plan review, the following minimum transitional buffers shall be provided, as per the table below. Said buffer may appropriately be included as a part of and within the minimum setback. The buffer shall be measured from the lot line to the closest building or paved area.
(2)
During site plan review, the Planning Board may decrease the minimum transitional buffer upon a finding that visual compatibly and/or consistency of character between the proposed and existing uses are sufficient such that a lesser buffer is merited. However, in no case may the Planning Board reduce the buffer beyond the minimum setback required. Any further reduction requires a ZBA variance.
(3)
A minimum buffer may be comprised of open space, landscaping, vegetation and ponds, but not pavement or buildings.
(4)
The intent of the minimum transitional buffer is to provide for a visual and, where appropriate, sound buffer between properties. While in some cases simple lawn or open spaces may be appropriate, as part of its site plan review the Planning Board may require the applicant to landscape such area and/or plant trees, construct berms, fences or other appropriate barriers to provide for more effective sound and visual buffering.
(5)
Where significant landscaping and other features requiring maintenance are present, the Planning Board may require the property owner to post with the Town of Henrietta a letter of credit or other security in a form acceptable to the Town in an amount sufficient to insure the maintenance of such features.
(6)
The maintenance of the minimum transitional buffer shall be the responsibility of the owner of the property, and failure to maintain the buffer zone shall be a violation of this chapter.
(7)
For agricultural uses, the following shall additionally apply:
(a)
Where a new or expanded agricultural use is proposed outside of a county agricultural district, a 100-foot setback to adjacent properties shall be provided for any part of such agricultural use which is materially odorous.
(b)
Where a use is proposed adjacent to an existing agricultural use, it shall be the responsibility of the proposed use to provide a sufficient setback against any materially odorous condition that may be a part of the agricultural use.
(8)
For Mixed-Use Redevelopment Corridor ("MURC"), buffers shall be half of the listed amount.
(9)
For all mixed uses, buffers shall apply to the mixed use as a whole, and shall not apply to each component use individually.
(10)
"N/A" indicates that no buffers are required and instead the use is subject only to the required setbacks, if any.
[Amended 1-13-2021 by L.L. No. 1-2021]
Minimum Buffering Between Different Land Uses | ||||||||
|---|---|---|---|---|---|---|---|---|
Proposed Use (with Buffer Respons-ibility) | Amount of required buffer space inside the proposed property type below when buffering against the type of existing use to the right. | Existing Adjacent Use | ||||||
Residential | Multiple Dwelling | Industrial | Commer-cial | Agri-cultural* | Park, School or Historic* | Mixed Use | ||
Residential | n/a | 50 feet | 50 feet | 50 feet | 50 feet | 50 feet | 50 feet | |
Multiple Dwelling | 100 feet | n/a | 50 feet | 50 feet | 100 feet | 100 feet | 50 feet | |
Industrial | 100 feet | 100 feet | n/a | 50 feet | 50 feet | 150 feet | 100 feet | |
Commercial | 100 feet | 100 feet | 50 feet | n/a | 50 feet | 150 feet | 50 feet | |
Agri-cultural* | n/a | n/a | n/a | n/a | n/a | n/a | n/a | |
Park or School | 50 feet | 50 feet | 100 feet | 100 feet | 100 feet | n/a | 100 feet | |
Mixed Use* (MURC is half of listed amount) | 100 feet | 50 feet | 50 feet | 50 feet | 100 feet | 150 feet | n/a | |
(11)
*Historic shall refer to properties which are historically designated locally, by the state and/or federally.
[Amended 1-13-2021 by L.L. No. 1-2021]
F.
Each member of the Planning Board shall complete the annual training requirements of the Town Law no later than November 15 of the calendar year and shall be required to attend not less than 80% of the regularly scheduled and conducted meetings of the Planning Board unless otherwise waived or modified by resolution of the Town Board.
[Added 3-7-2024 by L.L. No. 1-2024]
§ 295-61 Zoning Board of Appeals.
A.
A Zoning Board of Appeals, appointed pursuant to § 267 of the Town Law, shall continue to exist. Its members shall be appointed by the Town Board in such a manner and for such terms as provided by the Town Law and any amendments thereto.
B.
Each member of the Zoning Board of Appeals shall complete the annual training requirements of the Town Law no later than November 15 of the calendar year and shall be required to attend not less than 80% of the regularly scheduled and conducted meetings of the Zoning Board of Appeals unless otherwise waived or modified by resolution of the Town Board.
[Added 3-7-2024 by L.L. No. 1-2024]
§ 295-62 Powers and duties of Zoning Board of Appeals.
A.
As delegated by this chapter or the Town Law and when such power is not vested in the Town Board, the Zoning Board of Appeals shall have power to hear and decide appeals from any order, decision or determination of the Building Inspector, Fire Marshal, Code Enforcement Officer or other administrative officer charged with the enforcement of this chapter, and in passing upon such appeals it shall have power to vary or modify the application of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land to the extent permitted by the Town Law.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
B.
The Zoning Board of Appeals shall have the power to issue special use permits to the extent that the same is expressly provided or permitted by this chapter to the Zoning Board of Appeals. The Zoning Board of Appeals shall have no power to issue special use permits where such power to issue special use permits is vested in the Town Board. It shall have the power to grant special use permits when required under this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
C.
It may adopt rules governing the taking, hearing and determination of appeals, applications for special use permits and other matters over which it has jurisdiction, consistent with the provisions of this chapter. The Town Board shall administer and enforce this chapter, acting through the Building Inspector, Fire Marshal, Code Enforcement Officer or such other persons as it may designate, and either Board may, upon application, extend the date for the completion of the erection or alteration of any structure and the duration of the permits therefor.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019; 4-12-2022 by L.L. No. 8-2022]
D.
It shall have such other powers and duties as provided by the Town Law and any amendments thereto and by this chapter and any amendments thereto.
E.
The Zoning Board of Appeals shall have the power and authority to hear requests for variances relating to any standard or requirement of the Town of Henrietta local energy code which comprises a modification by way of NYStretch, in whole or part, with regard to specific construction upon application made by or on behalf of an owner. Said applicant must show that strict compliance with such standard or requirement would entail practical difficulty or cause any unnecessary hardship in relation to such construction. Any variance or modification shall provide for alternative energy conservation standards or requirements to achieve to the extent practicable the purposes of the Town’s energy code. Relief under this section shall not cause requirements to be less stringent than the unmodified (i.e., non-NYStretch) NY State Energy Code. Applications shall identify specific section(s) to be varied and provide a brief description of the relief requested, including a description of the practical difficulty, and alternative energy conservation standards which are proposed to be provided to compensate.
[Added 6-22-2022 by L.L. No. 14-2022[1]]
§ 295-63 Appeals.
A.
Any person aggrieved by the granting or refusal of any permit or by any order, decision or determination of the Building Inspector, Fire Marshal, Code Enforcement Officer or other administrative official charged with the enforcement of this chapter and any officer, department, board or bureau of the Town may appeal to the Town Board or the Zoning Board of Appeals within 60 days from the date of the determination appealed from.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
B.
Notice of appeal shall be in writing and shall be filed with the Board and served upon the Chairman or Clerk and upon the officer from whose order or decision the appeal is taken. Such notice of appeal shall specify the order, ruling, decision or determination from which the appeal is taken, and if the appeal involves the granting of a variance or modification of any of the provisions of this chapter, such notice of appeal shall specify that a variance or modification is requested and the nature of the same.
C.
Any such appeal shall be taken, heard and determined in accordance with the provisions of the Town Law and the rules of the Board.
D.
Where the appeal is for a variance, the appellant shall file with the appeal all papers submitted with the original application for a permit or certificate of occupancy and shall, in any event, file with the appeal papers all the documents, plans, maps and information required by Article XII of this chapter in cases of application for special use permits.
[Amended 4-12-2022 by L.L. No. 8-2022]
E.
A fee as established by the Town Board shall be paid to the Department of Building and Fire Prevention at the time of the filing of an appeal under this section.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
§ 295-64 Duration of variances.
[Amended 4-12-2022 by L.L. No. 8-2022; 11-15-2023 by L.L. No. 12-2023]
A.
Validity and expiration. After a variance has been granted, the same shall expire and become null and void and of no effect one year after it is granted, unless, within such year:
(1)
A principal use allowed per such variance actually, materially and legally commences, or,
(2)
A certificate of occupancy/compliance relating to a principal building, structure or use authorized pursuant to such variance (i.e., not an accessory building/structure/use, unless only an accessory building/structure/use is authorized via the variance) is duly issued, or
(3)
A building permit required for a principal building or structure authorized pursuant to such variance (i.e., not for an accessory building/structure, unless only an accessory building/structure is authorized) is duly applied for, in which case the variance shall continue to be valid during the term of any active building permit for a principal building or structure authorized pursuant to such variance (should one be issued), and such variance permit shall expire and become null and void and of no effect at such time as there is no such currently active and valid building permit for a principal building or structure (e.g., all such building permits are expired, have been revoked, etc.), unless:
(a)
Work authorized via any such building permit has been actually, materially and legally commenced, or,
(b)
A certificate of occupancy relating to such valid building permit is duly issued, or
(c)
A principal use (i.e., not an accessory use, unless only an accessory use was authorized via the variance) allowed per such variance actually and legally commences during the pendency of any such valid building permit.
(4)
If other government permitting is required for construction (including, e.g., from the DOT, etc.) and a permit is duly issued by such other governmental agency and provided to the Town within such year, the variance shall be valid for six additional months beyond the original expiration date (18 total months), and shall thereafter expire and become null and void and of no effect, unless, within such 18 months a requirement as per Subsection A(1), (2), or (3) above is satisfied.
B.
Extension. The Zoning Board of Appeals, for good cause shown, may grant a longer period of time for the commencement of use, issuance of a certificate of occupancy/compliance, issuance of a building permit, and/or commencement of construction, provided, however, said application for extension shall be made before expiration of time. Such extensions shall be issued for periods of up to six months each.
C.
Cause for extension. In determining whether good cause exists for such extension, the Board shall consider, among other things, the nature and extent of the construction and complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity of labor or materials, war or acts of God.