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.

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.

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

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

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.

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.

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

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

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

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

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

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.

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

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

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

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to a point midway between the highest and lowest point of the roof, except chimneys, spires, towers, elevator penthouses, tanks and similar permitted projections.[1]

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

Based on licenses from the New York State Cannabis Law, an establishment involving the cultivation, processing, distribution, retail dispensing or on-site consumption of cannabis, or other adult use operation, but not including operations exclusively licensed for medical cannabis.

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

Based on licenses from the New York State Cannabis Law, an establishment involving the cultivation and/or processing of cannabis, including Tiers 2, 3, and 4 under a cultivator license, a business with a processor license that processes cannabis from other cultivators, and/or a business with a distributor license that distributes cannabis from other cultivators.

Based on licenses from the New York State Cannabis Law, an establishment involving the cultivation and/or processing of cannabis, limited to a microbusiness license or to Tier 1 under a cultivator license.

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.

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

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

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

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.

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

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

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

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

One of a number of allowed uses that together comprise a mixed use. Such uses are detailed on the Mixed-Use Overlay Component Use Table.[2]

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

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

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

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.

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

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

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

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.

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

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

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.

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.

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.

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

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.

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.

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.

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).

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

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

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

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

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.

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.

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

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

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

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

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

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

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

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.

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

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

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

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

A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated by virtue of the enactment or subsequent amendment of this chapter. Any such use which has lapsed pursuant to the provisions contained in § 295-47A shall not be considered a legal pre-existing nonconforming use.

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

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

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

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

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

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

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

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

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

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.

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.

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).

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

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.

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

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

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

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

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.

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

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

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.

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

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

A single-story structure that:

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

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

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.

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.

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

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

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

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

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