Henrietta City Zoning Code
ARTICLE V
R Residential Districts
§ 295-6.1 Purpose and intent.
[Added 2-27-2019 by L.L. No. 3-2019]
It is the principal purpose and intent of the residential districts in this article to provide opportunities for residential development patterns of varying lot sizes and density, to accommodate different suburban and rural residential lifestyles to meet the housing needs of current and future residents. The R-1 Districts are intended for primarily single-family development, with varying lot sizes. The R-2 Districts are intended for primarily single-family and multiple-family development and are the primary zones where traditional multiple-dwelling developments can occur. The RR District is intended primarily for agricultural and low-density rural residential lifestyles that encourage the maintenance and preservation of farmland, open spaces, natural resources, and rural character. Agricultural uses are permitted in all residential districts (as indicated herein) although the RR District is specifically designed to better accommodate agriculture and is the predominant zone south of the New York State Thruway in what has traditionally been the agricultural/rural portion of Town.
§ 295-7 Permitted uses.
A.
R-1 Residential Districts. The following uses are permitted in R-1 Districts:
(1)
Single-family dwellings.
(2)
Farms, greenhouses, plant nurseries and customary agricultural operations in connection therewith, but 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.
(3)
Public parks, playgrounds and similar recreational areas and structures not operated for gain.
(4)
Customary home occupations as defined in § 295-2 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.
(5)
Private garages. 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:
[Amended 2-18-2015 by L.L. No. 1-2015]
Maximum Capacity | Minimum Depth/Length (feet) | Minimum Width (feet) |
|---|---|---|
1 car | 20 | 12 |
2 cars | 20 | 20 |
3 cars | 20 | 30 |
(6)
Churches, schools and institutions of higher education, public hospitals, public libraries and municipal and special district buildings, 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.
(7)
Golf courses, including those operated for profit, shall be permitted upon obtaining a special use permit therefor from the Town Board. Miniature golf courses and driving ranges apart from golf courses are prohibited.
[Amended 4-12-2022 by L.L. No. 8-2022]
(8)
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.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(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 of this chapter. If such permit is granted, the licensing and inspection requirements of Subsection A(8)(a) of this section shall apply.
[Amended 4-12-2022 by L.L. No. 8-2022]
(c)
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 provisions outlined in Subsection A(8)(a) of this section shall apply.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(9)
Storage sheds, provided that each shall have a minimum side setback and rear setback of four feet, and shall not infringe on any easements. Notwithstanding the foregoing, no storage shed shall be erected within the required side yard on the street side of a corner lot, as referred to at § 295-10B(2).
[Added 4-6-2005; amended 2-18-2015 by L.L. No. 1-2015]
(10)
Open space.
[Added 7-20-2005 by L.L. No. 2-2005]
(11)
Cemeteries, upon obtaining a special use permit from the Town Board in accordance with the procedures set forth in Article XII of this chapter.
[Added 3-1-2006 by L.L. No. 2-2006; amended 4-12-2022 by L.L. No. 8-2022]
(12)
Rooftop residential solar energy system.
[Added 6-21-2017 by L.L. No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021; 11-16-2022 by L.L. No. 21-2022]
(14)
Small-scale solar energy systems, but where the solar energy system footprint covers more than 1% of the area of the subject lot, a special use permit shall be required.
[Added 9-22-2021 by L.L. No. 12-2021]
B.
R-2 Residential Districts. The following uses are permitted in R-2 Districts:
(1)
All uses permitted in R-1 Districts, subject to all provisions specified for such districts.
(2)
Two-family dwellings, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
(3)
Nursing homes, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
(4)
Multiple dwellings, upon issuance of a special use permit, all in accordance with § 295-13.
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
C.
Any use not specifically enumerated in this section as a permitted use is prohibited in the R Residential Districts.
[Added 2-18-2015 by L.L. No. 1-2015]
§ 295-8 Building height limits.
[Amended 2-27-2019 by L.L. No. 3-2019; 4-12-2022 by L.L. No. 8-2022]
No structure in a residential district shall exceed two stories of any kind above the basement, and no residential building shall exceed 21 feet in height from the top of the first floor of the first story to the ceiling of the second story. In the case of churches, schools and institutions of higher education, public hospitals, public libraries, municipal and special district buildings and apartment houses, no such structure, with the exception of barns and silos associated with a farm operation in a county agricultural district, shall exceed 35 feet in height, except by special use permit granted by the Town Board, after a public hearing in accordance with the procedures set forth in Article XII of this chapter.
§ 295-9 Percentage of lot occupied by buildings.
The ground area of the principal and accessory buildings on any lot shall not exceed 25% of the total area of such lot. The aggregate ground area of all accessory buildings, not including automobile garages, shall not exceed 1% of the total area of such lot, and the number of individual accessory buildings shall not exceed two.
§ 295-10 Lot and yard requirements.
A.
Lot dimensions for R-1-20, R-1-15 and R-2-15 Districts. The minimum dimensions of any lot on which any building or structure may be hereafter erected shall be subject to the provisions of § 295-43 and the following:
[Amended 7-20-2005 by L.L. No. 2-2005]
(1)
Minimum area.
District | Minimum Lot Area (square feet) | |
|---|---|---|
R-1-20 | 20,000 | |
R-1-15 | 15,000 | |
R-2-15 | ||
For two-family units | 15,000 | |
For single-family units | 12,000 | |
(2)
Minimum width. (It should be noted that these represent minimums, and that lots may exceed these minimums.)
District | Minimum Lot Width (feet) | |
|---|---|---|
R-1-20 | 100 | |
R-1-15 | 80 | |
R-2-15 | ||
For two-family units | 100 | |
For single-family units | 75 | |
B.
Front yard setbacks.
(1)
The minimum front yard, rear and side line setback for any buildings or structures hereafter erected shall be as follows:
(a)
For R-1-20 Districts the minimum building front line setback shall be 60 feet.
(b)
For all other R-1 and R-2 Districts the minimum building front line setback shall be 40 feet if located on a Town or private road and 60 feet if located on a county or state road. The Town shall require that front yard setbacks conform to those previously existing on the same or immediately adjacent street.
(2)
In the case of a building on a through lot or corner lot, front yard depth shall be required on both streets.
C.
Side yard setbacks. Side setbacks shall not be less than eight feet, nor may any building or structure impermissibly infringe on a Town easement in the side yard.
[Amended 2-18-2015 by L.L. No. 1-2015; 12-14-2022 by L.L. No. 23-2022]
D.
Rear yard setbacks. Minimum rear yard setbacks in all residential districts shall be 10 feet.
E.
Exception to setbacks for accessibility for the disabled. As an exception to the above, for a duly constructed ramp required for occupant accessibility purposes (e.g., for persons with disabilities):
[Added 12-14-2022 by L.L. No. 23-2022]
(1)
The minimum side setback shall be four feet less than otherwise required (such that a ramp may extend four feet further into the side yard than would otherwise be permitted but for this exception); and
(2)
The minimum front setback shall be 10 feet less than otherwise required (such that a ramp may extend 10 feet further into the front yard than would otherwise be permitted but for this exception).
§ 295-10.1 Rural Residential District.
[Added 7-20-2005 by L.L. No. 2-2005; amended 2-18-2015 by L.L. No. 1-2015; 6-21-2017 by L.L. No. 4-2017; 2-27-2019 by L.L. No. 3-2019; 9-22-2021 by L.L. No. 12-2021; 4-12-2022 by L.L. No. 8-2022; 4-13-2023 by L.L. No. 5-2023; 5-8-2024 by L.L. No. 3-2024; 4-30-2025 by L.L. No. 7-2025]
A.
Purpose and intent.
(1)
The purpose of the Rural Residential (RR) District is to support creative, low-impact development patterns and land uses that conserve natural resources and agricultural lands primarily in the area of Town south of the New York State Thruway, while enhancing the quality of life for residents.
(2)
The District is established to:
(a)
Maintain the rural quality of life evident in this area;
(b)
Provide and maintain large, contiguous areas of land to promote and support ongoing agricultural uses and activities, provide animal habitat and protect important natural resources through site design; and
(c)
Allow for development at a medium-to-low density on a range of lot sizes.
B.
Permitted uses.
(1)
Uses within the Rural Residential District shall be limited to those uses allowed in R-1 Residential Districts as identified in § 295-7, plus the additional uses set forth herein.
(2)
Farm and farm operations as defined under the New York State Agriculture and Markets Law (see § 295-2, Word usage and definitions). New farming operations, with livestock or other needs that exceed non-agricultural limits, may be initiated by obtaining a special use permit in accordance with Article XII of this chapter and in accordance with the provisions of Agriculture and Markets Law Article 25-AA.
(3)
Farm stands and fruit and vegetable stands.
(4)
Commercial and private stables.
(5)
Farm woodland; forest farming operation.
(6)
Agribusiness and agritourism, 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.
(7)
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.
(8)
Small-scale solar energy systems.
(9)
Medium-scale solar energy systems, subject to obtaining a special use permit.
(11)
Commercial composting, subject to obtaining a special use permit.
C.
Preexisting buildings on lots. Buildings on lots lawfully occupied and used as of the date of change may continue as preexisting uses pursuant to this zoning law, and the yard and setback provisions for the previous zoning classification as of the date of change shall apply to these buildings. The Date of Change is defined as July 1, 2005, for those properties rezoned to Rural Residential in July 2005, and is defined as May 1, 2024, for those properties rezoned to Rural Residential in May 2024.
D.
Preexisting (undeveloped) tax parcels that were approved building lots but would now be substandard in the RR District are subject to the zoning standards that were in effect for those lots prior to July 1, 2005.
E.
General requirements of the Rural Residential District. All proposed development for subdivision within the Rural Residential District shall be required to provide a site analysis in the sketch plan phase of the subdivision approval process. Site analysis will help to identify significant conservation areas or natural resources that should be protected and conserved. Please see the Rural Development Design Guidelines.[1]
[1]
Editor's Note: The Rural Development Design Guidelines are on file in the Town offices.
F.
Area, width and setbacks.
(1)
The following shall apply to lots served by both municipal water and sewer, and that are not within a state-certified, county-adopted agricultural district:
(a)
Minimum lot area: two acres (may be smaller with open space incentive).
(b)
Minimum lot width shall be 80 feet.
(c)
Minimum front yard setbacks shall be 30 feet if located on a Town or private road or 50 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 15 feet on the other side.
(e)
Minimum rear yard setbacks shall be 30 feet.
(f)
Each lot shall contain a minimum of 10,000 square feet of contiguous area for building and yard area free of wetlands, surface water or slopes over 15%.
(2)
The following shall apply to lots that are not served by both municipal water and sewer, or are within a state-certified, county-adopted agricultural district:
(a)
Minimum lot area: five acres (may be smaller with open space incentive).
(b)
Minimum lot width shall be 100 feet.
(c)
Minimum front yard setbacks shall be 40 feet if located on a Town or private road or 60 feet if located on a county or state road.
(d)
Minimum side yard setbacks shall be 10 feet on one side, 20 feet on the other side.
(e)
Minimum rear yard setbacks shall be 40 feet.
(f)
Each lot shall contain a minimum of 20,000 square feet of contiguous area for building and yard area free of wetlands, surface water or slopes over 15%.
G.
Building site area. Each lot or development site created or proposed for use shall provide sufficient area to accommodate the proposed structure(s) and other site improvements. An application for site plan and/or subdivision approval shall include data sufficient for the Planning Board to make a determination that adequate water supply, stormwater management, and wastewater disposal facilities can be accommodated on each proposed lot.
H.
Permissible dwelling units. The maximum number of permissible dwelling units for any project shall be the number of dwelling units able to be built as determined through the dimensional requirements set forth in this chapter and through site analysis. The actual number of permissible dwelling units may be fewer than the maximum number of potential dwelling units.
I.
Buffers.
(2)
For new farm operations or expansion of an existing farm operation outside of a county agricultural district, a 100-foot setback shall be provided to any use which is materially odorous, such as manure piles, pig pens, buildings for livestock, etc.
(3)
As part of its site plan review, the Planning Board may require expanded buffers for any new residential subdivision proposed to be located adjacent to an existing farm or farm operation.
§ 295-10.2 Zoning condition applicable to parcels in residential districts.
[Added 5-8-2024 by L.L. No. 3-2024]
A.
"Brooks Road Rural Residential Lands" at Zoning Map designation: R(I).
(1)
Senior housing complexes built in the Brooks Road Rural Residential Lands District are prohibited from having an entrance or exit onto Brooks Road or onto side streets that exit onto Brooks Road. A gated emergency-only entrance/exit, if required, is not included in this prohibition.
(2)
Parcel Tax ID No. 174.04-1-18.1 (located on the north side of the western end of the rezoned land) and any subsequent subdivided parcels that lie completely within the bounds of the original parcel, shall be allowed the following additional uses:
(3)
The affected property is more particularly described as follows:
ALL THAT TRACT OF PARCEL OF LAND being part of Town Lots 20, 22 and 24 in the 6th Range of Lots and Town Lots 19, 20, 21 and 22 in the 5th Range of Lots, Township 12, Range 7 of the Phelps Gorham Purchase, situate in the Town of Henrietta, County of Monroe, State of New York, as shown on a drawing entitled "Brooks Road Rezoning, To Rural Residential with Specifics" prepared by the Town of Henrietta, dated March 22nd, 2024, and being more particularly bounded and described as follows. | |
BEGINNING at a point on the centerline of East River Road, said point being the northwesterly corner of the lands now or formerly of Graywood 1938, LLC, tax account number 174.04-1-18.1; thence | |
1. | N 87°40'22" E, a distance of 3,895.28 feet along the northerly boundary line of Graywood to the northeasterly property corner of the lands now or formerly of Irish Rose Stables, LLC, tax account number 174.04-1-17.111; thence |
2. | S 20°25'06" W, a distance of 177.08 feet along the easterly boundary line of Irish, to the northerly property corner of the lands now or formerly of Glen & Irene M Flood, tax account number 174.04-1-12.113; thence |
3. | S 87°54'34" E, a distance of 460.94 feet along the northerly boundary line of Flood to the northeasterly property corner of the lands now or formerly of Joseph Giorgione, tax account number 174.04-1-12.112; thence |
4. | S 22°37'51" W, a distance of 287.60 feet along the easterly boundary of Giorgione, to the northwesterly property corner of the lands now or formerly of Sylvester & Betty Ann Duhart, tax account number 174.04-1-12.111; thence |
5. | N 88°47'51" E, a distance of 1,413.47 feet along the northerly boundary line of Duhart, to a point on the westerly boundary line of the lands now or formerly of Bobbi L Rockow-Coats, tax account number 175.03-1-28.11; thence |
6. | Northeasterly on a curve to the left, along the westerly boundary of Rockow-Coats, a distance of 416.22 feet and having a radius of 5,772.70 feet, to a point; thence |
7. | N 20°24'55" E, a distance of 99.36 feet along the westerly boundary line of Rockow-Coats, to the northwesterly property corner thereof; thence |
8. | N 88°11'05" E, a distance of 954.39 feet along the northerly boundary line of Rockow-Coats to a point; thence |
9. | N 89°59'02" E, a distance of 408.77 feet, continuing along the northerly boundary line of Rockow-Coats to a point; thence |
10. | N 87°56'05" E, a distance of 2,152.88 feet, continuing along northerly boundary line of Rockow-Coats to a point on the northerly boundary line of the lands now or formerly of 5121 West Henrietta Road LLC, tax account number 175.03-1-16; thence |
11. | S 20°56'39" W, a distance of 238.82 feet through the Lands of 5121 West Henrietta Road to a point on the easterly boundary line thereof; thence |
12. | S 68°28'15" W, a distance of 362.67 feet along the easterly boundary line of 5121 West Henrietta Road to a point; thence |
13. | S 23°21'14" W, a distance of 588.84 feet, continuing along the easterly boundary line of 5121 West Henrietta Road to a point; thence |
14. | S 69°44'25" E, a distance of 292.28 feet, continuing along the easterly boundary line of 5121 West Henrietta Road to a point; thence |
15. | S 20°56'39" W, a distance of 1,295.66 feet, through the lands of 5121 West Henrietta Road and across Brooks Road to a point on the northerly highway boundary of the New York State Thruway, Interstate Route 90; thence |
The following 12 courses are along the northerly highway boundary of the New York State Thruway, Interstate Route 90. | |
16. | S 86°04'27" W, a distance of 735.57 feet to a point; thence |
17. | S 85°08'06" W, a distance of 842.82 feet to a point; thence |
18. | S 79°03'57" W, a distance of 646.45 feet to a point; thence |
19. | S 76°39'00" W, a distance of 654.29 feet to a point; thence |
20. | S 75°13'36" W, a distance of 1,023.90 feet to a point; thence |
21. | S 76°37'32" W, a distance of 1,215.27 feet to a point; thence |
22. | S 82°19'05" W, a distance of 196.01 feet to a point; thence |
23. | S 72°36'40" W, a distance of 1,277.91 feet to a point; thence |
24. | S 75°10'41" W, a distance of 850.42 feet to a point; thence |
25. | S 75°11'34" W, a distance of 364.55 feet to a point; thence |
26. | S 77°47'24" W, a distance of 1,081.80 feet to a point; thence |
27. | S 84°19'10" W, a distance of 923.12 feet to a point on the centerline of East River Road; thence |
28. | N 16°09'06" E, a distance of 2,258.34 feet, along the centerline of East River Road to a point; thence |
29. | N 16°16'16" E, a distance of 1,762.32 feet, continuing along the centerline of East River Road to the POINT AND PLACE OF BEGINNING. |
Intending to describe an enclosed area of 598.782 acres, more or less, proposed for rezoning to Rural Residential with Specifics in the Town of Henrietta. | |
§ 295-11 Minimum building size.
A.
No single-family residential dwelling shall contain a square-foot area less than that which is indicated in the following chart. In determining such area, the measurements shall be made along the exterior of the main foundation walls of one-story ranch, one-and-one half story and two-story dwellings. Raised Ranch A and B dwellings shall be the sum of the length and width of the floor above grade, and Split-Level A and B dwellings shall be the sum of the total habitable floor area on each level. These measurements shall exclude any portion thereof occupied by a porch or areaway and any area occupied by a garage attached to or forming a part of such building.
[Amended 4-6-2005; 7-20-2005 by L.L. No. 2-2005; 2-18-2015 by L.L. No. 1-2015]
Minimum Area (square feet) | ||||
|---|---|---|---|---|
Dwelling Type | R-1-20 District | R-1-15 and RR Districts | R-2-15 District | |
One-story ranch | 1,400 | 1,040 | 810 | |
Raised Ranch A | 1,200 | 850 | 672 | |
Raised Ranch B | 1,400 | 1,040 | 810 | |
One-and-one half story A | ||||
First floor | 1,200 | 850 | 672 | |
One-and-one half story B ("Cape Cod") | 1,200 | 850 | 672 | |
First floor | 1,200 | 850 | 672 | |
Second floor | The habitable area shall be less than 2/3 the area of the first floor. | |||
Split-Level A | 1,200 | 850 | 672 | |
Split-Level B | 1,400 | 1,040 | 810 | |
Two-story | ||||
First floor | 1,000 | 660 | 480 | |
Second story | 600 | 264 | 192 | |
Total building | 2,000 | 1,320 | 960 | |
B. ONE-AND-ONE-HALF-STORY ONE-STORY RAISED RANCH A RAISED RANCH B SPLIT-LEVEL A SPLIT-LEVEL B TWO-STORY
For the purpose of this section the following definitions will apply to the various types of single-family dwellings:
The habitable area being the first floor above grade and in the second floor, the habitable area of the second floor being not less than 2/3 of the area of the first floor.
A dwelling in which the only habitable area is one floor area above grade.
A dwelling in which there is one habitable floor above grade and a habitable basement both of approximately the same area, the living area of the basement to be not less than 2/3 of the area of the first floor.
A dwelling in which there is one habitable floor above grade and a habitable basement both of approximately the same area, the living area of the basement to be less than 2/3 of the area of the first floor.
A dwelling in which part of the basement and all of the floor areas above grade are habitable.
A dwelling in which none of the basement is habitable but all of the over floor area above grade is habitable.
A dwelling in which there are two full habitable stories above grade, each of approximately the same size.
C.
The habitable area in the second story of one-and-one-half-story dwellings and the habitable basement area of Split-Level A and Raised Ranch A dwellings need not be finished at the time the dwellings are built, provided that no further structural work will be needed to complete the finishing work.
D.
Garages are not to be considered as living area.
E.
As an additional requirement of Planning Board review, it shall be a requirement that residential subdivisions be comprised of dwelling types and/or exterior architecture and/or housing models/floor plans that are sufficiently varied so as to avoid a uniform or monotonous appearance in the proposed neighborhood.
[Added 11-2-1988; amended 6-22-2022 by L.L. No. 13-2022]
§ 295-12 Private garages.
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.
§ 295-13 Multiple dwellings.
[Amended 2-15-2006 by L.L. No. 1-2006; 2-27-2019 by L.L. No. 3-2019]
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 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.
[Amended 4-12-2022 by L.L. No. 8-2022]
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:
[Amended 4-12-2022 by L.L. No. 8-2022]
(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 shall apply.), but a special use 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.
[Amended 4-12-2022 by L.L. No. 8-2022]
(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.
[Amended 6-26-2019 by L.L. No. 5-2019]
(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.
[Amended 4-12-2022 by L.L. No. 8-2022]