Public garages, gasoline filling stations or motor vehicle service and supply stations, which shall be permitted only upon the granting of a special use permit by the Town Board after a public hearing in accordance with the procedures set forth in Article XII of this chapter, and further upon the requirements set forth in § 295-48 of this chapter for gasoline filling stations and motor vehicle service and supply stations.
[Added 2-27-2019 by L.L. No. 3-2019; amended 4-12-2022 by L.L. No. 8-2022]
So long as the Town does not have in place a local law calling for the prohibition of licensure of the same pursuant to Cannabis Law § 131 (i.e., an "opt out" local law, which, if any, shall take precedence over and supersede the following), cannabis retail dispensaries, subject to obtaining a special use permit.[2]
So long as the Town does not have in place a local law calling for the prohibition of licensure of the same pursuant to Cannabis Law § 131 (i.e., an "opt out" local law, which, if any, shall take precedence over and supersede the following), cannabis on-site consumption sites, subject to obtaining a special use permit.[3]
Air-supported dome structures, but only pursuant to the issuance of a special use permit, and subject to the additional special use permit requirements for air-supported dome structures set forth in this chapter.[4]
All uses of land, buildings and structures that may be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions.
Any use not otherwise specified herein as permitted in an ILCD District.
[Added 2-18-2015 by L.L. No. 1-2015]
§ 295-23 Building height limits.
[Amended 4-12-2022 by L.L. No. 8-2022]
No building or structure shall be erected to a height in excess of 40 feet except by a special use permit granted by the Town Board after a public hearing in accordance with the procedures as set forth in Article XII of this chapter.
There shall be a front yard depth of 125 feet, except that in the event that existing buildings within 200 feet on either side thereof extend nearer than 125 feet to a street line, such minimum front yard depth shall be the average setback of such existing buildings, but in no case less than 80 feet from a street line. The front yard depth of lots located on the inside part of a curve shall be measured from the nearest point of the cord connecting the arc establishing the front line of the lot to the main building line. This provision is for the purpose of establishing suitable front yards.
Side yard width shall be five feet. Buildings, the exterior walls of which are constructed of noncombustible material, may be erected on lot lines where the adjoining property is classified as industrial or commercial district and a means of ingress to and egress from the rear parking and loading areas is provided. On corner lots, no buildings shall be nearer than 50 feet to the side line of the lot abutting the side street.
Rear yard depth shall be 60 feet. This depth provision is for the purpose of establishing suitable loading and unloading areas and of providing suitable off-street parking areas.
Before any building permit may be issued for new buildings or structures in any industrial/limited commercial districts, the applicant shall submit to the Planning Board, and obtain the approval of such Board on, plans with reference to shrubbery and landscaping and plans showing construction materials and lighting to be used so as to provide suitable construction materials and architectural designs in harmony with the character of the neighborhood. The applicant shall also submit to the Planning Board and obtain approval of all plans for parking of vehicles. Employee parking shall be generally in rear yards; customer parking only shall be normally permitted in front yards; and no docks or unloading platforms or facilities shall be placed in the front of any building.
The applicant, in its submission to the Planning Board, shall provide the Planning Board and the Engineering Department of the Town of Henrietta with such plans as are necessary to show the natural and established flow of surface water and the anticipated flow of water after construction and, where necessary, shall provide for, at the applicant's cost, the installation of swales, catch basins, storm drains, detention or retention ponds and such other methods of controlling the surface water as deemed necessary by the Planning Board and the Engineering Department.
[Added 2-27-2019 by L.L. No. 3-2019]
Henrietta City Zoning Code
ARTICLE VII
ILCD Industrial/Limited Commercial Districts
§ 295-21 Permitted uses.
Except as provided in § 295-22, the following uses are permitted in ILCD Industrial/Limited Commercial Districts:
Public garages, gasoline filling stations or motor vehicle service and supply stations, which shall be permitted only upon the granting of a special use permit by the Town Board after a public hearing in accordance with the procedures set forth in Article XII of this chapter, and further upon the requirements set forth in § 295-48 of this chapter for gasoline filling stations and motor vehicle service and supply stations.
[Added 2-27-2019 by L.L. No. 3-2019; amended 4-12-2022 by L.L. No. 8-2022]
So long as the Town does not have in place a local law calling for the prohibition of licensure of the same pursuant to Cannabis Law § 131 (i.e., an "opt out" local law, which, if any, shall take precedence over and supersede the following), cannabis retail dispensaries, subject to obtaining a special use permit.[2]
So long as the Town does not have in place a local law calling for the prohibition of licensure of the same pursuant to Cannabis Law § 131 (i.e., an "opt out" local law, which, if any, shall take precedence over and supersede the following), cannabis on-site consumption sites, subject to obtaining a special use permit.[3]
Air-supported dome structures, but only pursuant to the issuance of a special use permit, and subject to the additional special use permit requirements for air-supported dome structures set forth in this chapter.[4]
All uses of land, buildings and structures that may be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions.
Any use not otherwise specified herein as permitted in an ILCD District.
[Added 2-18-2015 by L.L. No. 1-2015]
§ 295-23 Building height limits.
[Amended 4-12-2022 by L.L. No. 8-2022]
No building or structure shall be erected to a height in excess of 40 feet except by a special use permit granted by the Town Board after a public hearing in accordance with the procedures as set forth in Article XII of this chapter.
There shall be a front yard depth of 125 feet, except that in the event that existing buildings within 200 feet on either side thereof extend nearer than 125 feet to a street line, such minimum front yard depth shall be the average setback of such existing buildings, but in no case less than 80 feet from a street line. The front yard depth of lots located on the inside part of a curve shall be measured from the nearest point of the cord connecting the arc establishing the front line of the lot to the main building line. This provision is for the purpose of establishing suitable front yards.
Side yard width shall be five feet. Buildings, the exterior walls of which are constructed of noncombustible material, may be erected on lot lines where the adjoining property is classified as industrial or commercial district and a means of ingress to and egress from the rear parking and loading areas is provided. On corner lots, no buildings shall be nearer than 50 feet to the side line of the lot abutting the side street.
Rear yard depth shall be 60 feet. This depth provision is for the purpose of establishing suitable loading and unloading areas and of providing suitable off-street parking areas.
Before any building permit may be issued for new buildings or structures in any industrial/limited commercial districts, the applicant shall submit to the Planning Board, and obtain the approval of such Board on, plans with reference to shrubbery and landscaping and plans showing construction materials and lighting to be used so as to provide suitable construction materials and architectural designs in harmony with the character of the neighborhood. The applicant shall also submit to the Planning Board and obtain approval of all plans for parking of vehicles. Employee parking shall be generally in rear yards; customer parking only shall be normally permitted in front yards; and no docks or unloading platforms or facilities shall be placed in the front of any building.
The applicant, in its submission to the Planning Board, shall provide the Planning Board and the Engineering Department of the Town of Henrietta with such plans as are necessary to show the natural and established flow of surface water and the anticipated flow of water after construction and, where necessary, shall provide for, at the applicant's cost, the installation of swales, catch basins, storm drains, detention or retention ponds and such other methods of controlling the surface water as deemed necessary by the Planning Board and the Engineering Department.