Stores and shops for the conducting of any retail business not otherwise listed in § 295-15 or 295-14B.

Personal service shops (barbershops, beauty shops, etc.).

Banks, theaters (excluding drive-in theaters), offices, office buildings and undertakers' establishments.

Banking, confectionery, dressmaking, laundry and tailoring shops, provided that all goods or products manufactured or processed shall be sold at retail on the premises.

Plumbing and heating appliance and electrical stores.

Animal hospitals.

Wholesale houses.

Warehouses.

Sales of boats and marine supplies.

Rooftop residential solar energy systems.

Public parks, playgrounds and similar recreational areas and structures not operated for gain.

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.

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.

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

Nursing homes and comfort care homes, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.

Small-scale solar energy systems.

Rooftop nonresidential solar energy system.

Poolrooms and billiard rooms.

Motels, hotels, motor courts, bars, taverns, and bowling alleys.

Dry-cleaning establishments.

Outdoor or drive-in theaters.

Fruit and vegetable stands, hot dog stands, ice cream stands, and other roadside stands.

Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited. (See § 295-15.)

A residence or residences and private garages, subject to all the regulations as to building height, lot occupancy, size of lot and yards, minimum building size and other regulations applicable to residences and garages in R-2-15 Districts.

Medium-scale solar energy systems.

Motor vehicle showroom, sales and service facilities, but only on lots fronting West Henrietta Road between Jefferson Road and Lehigh Station Road, and only upon obtaining a special use permit from the Town Board.

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

Retail firearm and ammunition sales.

Restaurants, with additional requirements at § 295-54.1.

Cannabis retail dispensaries or minor cannabis production, subject to obtaining a special permit, but only on lots with zoning street frontage sufficient for ingress/egress to the dispensary on: a) Jefferson Road, between John Street and Winton Road; or b) West Henrietta Road, between Dorschel Parkway and the CSX Rail overpass north of Jefferson Road.

Air-supported dome structures, subject to the additional special use permit requirements for air-supported dome structures set forth in this chapter.[1]

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

A residence or residences and private garages subject to all the regulations as to building height, lot occupancy, size of lot and yards, minimum building size and other regulations applicable to residences and garages in R-1-15 Residential Districts.

Banks.

Medical centers.

Offices and office buildings.

Professional buildings.

Any other business or commercial uses not specifically enumerated herein and not herein specifically prohibited by § 295-16B, upon obtaining a special use permit from the Town Board after notice and a public hearing in accordance with the procedures set forth in Article XII of this chapter.

Rooftop residential solar energy systems.

Rooftop nonresidential solar energy systems.

Small-scale solar energy systems.

Medium-scale solar energy systems, subject to obtaining a special use permit.

Multiple dwellings, upon issuance of a special use permit, all in accordance with § 295-13.

Public parks, playgrounds and similar recreational areas and structures not operated for gain.

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.

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.

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

Nursing homes and comfort care homes, upon obtaining a special use permit from the Town Board in accordance with procedures as set forth in Article XII of this chapter.

Restaurants not serving alcohol, subject to obtaining special use permit, including additional requirements at § 295-54.1.

Amusement parks.

Miniature golf courses.

Automobile dismantling or junkyards, cloth clipping, sorting or bailing.

Used car lots.

Junk, scrap metal, paper or rag storage.

Airports.

Cemeteries.

Garbage, rubbish or refuse dumps.

Public garages or gasoline filling stations.

Poolrooms or billiard rooms.

Bowling alleys.

Dry-cleaning establishments.

Billboards, meaning signs not used in connection with a commercial use conducted on the premises, except that signs used in connection with the sale, lease or development of these premises or adjoining premises shall be permitted, subject to the provisions of Chapter 224, Signs.

Outdoor or drive-in theaters.

Automobile showrooms.

Outdoor or roadside stands, including fruit and vegetable stands and drive-up hot dog and ice cream stands.

Bars, taverns and restaurants serving alcoholic beverages for on-premises consumption.

Animal hospitals.

Any use not otherwise enumerated herein as permitted in a B-2 District.

Self-storage facilities.

Cannabis retail dispensaries or other nonmedical cannabis business.

Cannabis on-site consumption sites.

Smoke shops.

Any setback relative to a public street shall be treated as and required to comply with front setback requirements, and

The distance between the front or rear side of any building to the front, rear or side of an adjacent building has a minimum separation of at least 60 feet.

Permitted uses. The following uses are permitted:

Uses requiring special use permit. The following uses shall be permitted in PCD Planned Commercial Districts, subject in each case to the granting of a special use permit by the Town Board after a public hearing as provided in Article XII and in accordance with the requirements as set forth in Article XII of this chapter:

Prohibited uses. All uses prohibited in B-1 Commercial Districts, § 295-15, shall be prohibited in PCD Planned Commercial Districts, except those expressly permitted in Subsection B(1) or (2) above.

Area, yard, coverage and height requirements.

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.

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.

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.

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.

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.

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.

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.

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.

Permitted uses.

Prohibited uses.

Additional considerations.

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.

In no event shall parking be permitted in the rear of any building.