Penfield City Zoning Code
ARTICLE V
District Regulations
§ 250-5.1 Single-family residential districts.
A.
Districts. The following use districts, which are delineated on the Official Zoning Map of the Town of Penfield, are hereby established:
B.
Purposes. The above districts are established to meet the following purposes:
(1)
Rural Agricultural District RA-2. The purpose of the Rural Agricultural District is to assure a proper economic and physical environment for continued agricultural use of land; to maintain an open rural character to viable agricultural areas; to assure compatible types and densities of development on lands within and adjacent to the Northeastern Monroe County Agricultural Use District; and to assure low densities of development in areas without sanitary sewers.
(2)
Conservation Residential District CR-2. The purpose of the Conservation Residential District is to limit development so as to preserve and protect the unique and sensitive features that characterize the areas of the Town adjacent to Irondequoit Bay. In order to achieve this purpose, residential uses will only be permitted at very low densities.
(3)
Rural Residential District RR-1. The purpose of the Rural Residential District is to provide a transition or buffer area between agricultural and suburban areas of Penfield.
(4)
Residential Districts R-1-12, R-1-15 and R-1-20. The purpose of these Residential Districts is to maintain the residential character of the district. The districts are to provide for residential uses at suburban standards.
D.
Accessory uses. The following accessory uses are permitted in all single-family residential districts when located on the same lot as a permitted use, subject to the conditions of this section:
(1)
One in-law apartment.
(a)
Prior to the use of such apartment as an in-law apartment, the owner must obtain a building permit. In-law apartments may be occupied only by members of the family unit occupying the main part of the dwelling or by in-laws of a member of said family unit. The applicant must satisfactorily demonstrate that said apartment would be utilized only in this fashion in affidavit form prior to the issuance of a building permit.
(b)
The area of an in-law apartment shall not exceed 30% of the total area of the residence.
(c)
Occupancy of the apartment shall be nontransferable to subsequent owners. The authorized official shall verify pursuant to a notarized affidavit that any occupant of the in-law apartment is an in-law, as defined in Article II, on a three-year basis; upon verification, said apartment shall be permitted to be occupied. Any change in the ownership of the property shall invalidate any permission to use the apartment as an in-law apartment.
(d)
No construction or remodeling activity of a residence to provide in-law apartment use shall be permitted without the issuance of a building permit. In-law apartments shall be permitted to have an alternate and/or separate means of ingress/egress to/from the apartment other than that of the primary residence, but must have an internal access point that connects the in-law apartment to the primary residential unit. In no case shall an in-law apartment be permitted to have a separate driveway or garage to accommodate its occupant(s). Additional bays to an existing garage and expansion of the existing driveway shall be permitted to accommodate the in-law apartment use, subject to obtaining all necessary permits.
(e)
If an in-law apartment shall become vacant, the family occupying the main part of the dwelling shall have full use and occupancy of the in-law apartment as if it were an integral part of the dwelling, without further permitting by the Town.
(f)
Any residence containing an in-law apartment shall be considered a single-family residence. The occupancy or rental of an in-law apartment by persons other than in-laws, as defined in this chapter, is expressly prohibited.
(2)
One private garage, either attached or unattached to the principal structure.
(3)
Customary home occupations.
(a)
The business shall be conducted only within the dwelling unit. Wholesale and retail sales in which merchandise is stored on, sold or shipped from the premises; manufacturing of any type, repair and services of a mechanical nature, as for example but not by way of limitation, equipment and vehicle repair services and lawn services, are specifically prohibited. Examples of permitted uses include, but are not limited to, insurance agencies, accountants, haircutting, businesses conducted primarily by mail, telephone or computer and the office component only of business which would otherwise be prohibited.
(b)
The business shall be owned and operated by the resident(s) only.
(c)
The business shall have no employee who is not a resident of the dwelling unit.
(d)
The business shall not be conducted in any garage or other accessory structure on the premises; nor shall it create a traffic flow or other visual appearance inappropriate to the residential character of the neighborhood.
(e)
Exterior alterations to the residence which change the essential residential appearance thereof shall be prohibited.
(f)
The business shall at all times be incidental and secondary to the primary use of the building as a dwelling.
(4)
Accessory structures such as, but not limited to, a tool shed, garden shed, utility shed, storage building, private swimming pool and its associated appurtenances, including, but not limited to, an apron, deck, patio, and/or pool cabana, private noncommercial greenhouse, attached or detached decks, patios, gazebo, and private noncommercial dog housing/shelters.
[Amended 2-3-2021 by Res. No. 21T-066]
(5)
Tennis, basketball and/or volleyball courts shall be approved by the authorized official. Recreational ramps shall be subject to the provisions of § 250-7.22 of this chapter and approved by the authorized official.
[Amended 2-3-2021 by Res. No. 21T-066]
(6)
One private swimming pool and its associated appurtenances, including, but not limited to, aprons, decks, and pool cabanas, shall not be located closer than a minimum of 10 feet to the rear property line in any residential district, provided that such structures comply with the required side setbacks and all other requirements of this Code.
[Amended 2-3-2021 by Res. No. 21T-066]
E.
Conditional uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Churches and similar religious institutions.
(b)
Hospitals and proprietary health care facilities.
(c)
Public schools, parks and playgrounds.
(d)
Public libraries.
(e)
Nursery schools and day-care centers.
(f)
Municipal buildings and structures.
(g)
Cemeteries.
(h)
Commercial horse stables.
[Amended 2-3-2021 by Res. No. 21T-066]
(i)
Private playground, athletic field and group swimming pools.
(j)
Bed-and-breakfast facilities.
(k)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection E(1)(a) through (j), to be compatible with the purposes of the district for which such use is proposed, and to be consistent with the Town's Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon a determination by the authorized official that any business or conditional use originally permitted within the single-family districts is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, an application for a conditional use permit must be made to the board having jurisdiction. Prior to authorizing the Town Clerk to issue the conditional use permit, the board having jurisdiction shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the board having jurisdiction may require the modification of any and all phases of the operation that have become, or are liable to become, detrimental to the neighborhood. The board having jurisdiction, in its absolute discretion, in cases it deems to be appropriate, may delegate authority to the authorized official to grant or deny a conditional use permit consistent with the standards and requirements of this section.
[Amended 2-3-2021 by Res. No. 21T-066]
F.
Dimensional requirements. The following dimensional requirements shall be observed within the applicable single-family residential use district, subject to the conditions of this section:
(1)
Minimum lot area, width and setbacks.
[Amended 2-3-2021 by Res. No. 21T-066]
District | Lot Area (square feet) | Lot Width (feet) | Front Setback (feet) | Side Setback (feet) | Rear Setback* (feet) |
|---|---|---|---|---|---|
RA-2 | 87,120 | 200 | 50 | 10 | 30 |
CR-2 | 87,120 | 200 | 50 | 10 | 30 |
RR-1 | 43,560 | 150 | 50 | 10 | 30 |
R-1-20 | 20,000 | 100 | 50 | 10 | 30 |
R-1-15 | 15,000 | 100 | 50 | 10 | 30 |
R-1-12 | 12,000 | 80 | 50 | 10 | 30 |
NOTES: | ||
|---|---|---|
* | Decks and patios, excluding covered or enclosed porches, shall have a minimum rear setback of 25 feet. All other structures to be attached to or abutting the principal structure shall comply with the permitted setbacks for all required setbacks set forth in this section. | |
(2)
In the case of corner lots, a forty-foot front setback shall be provided along the frontage where the authorized official has determined the location of the front of the residence. A fifty-foot front setback shall be provided on the alternate frontage. In cases where a residence is constructed on a lot at a forty-five-degree angle, both frontages shall have a minimum forty-foot front setback (as graphically illustrated below).
(3)
All corner lots or "flag" lots within the R-1-12, R-1-15 and R-1-20 Districts shall have a minimum lot area 25% greater than the minimum requirement for those districts.
Corner and Interior Lot Setback Requirements |
|---|
 |
(4)
In cases within the R-1-12, R-1-15 and R-1-20 Districts, or in other zoning districts where the use of Town Law § 278 is proposed where lots are to be subdivided and developed with rear yards fronting along state and/or county roads, the minimum lot depth (and width in the case of corner lots) shall be increased by 50 feet. Said area shall be utilized as a landscaped buffer from the right(s)-of-way. The type and amount of landscaping required to adequately accomplish a visually effective buffer shall be determined by the Planning Board or Town Board, as the case may be, and development shall be prohibited within the buffer area. In these cases, no buffer area shall be closer than 45 feet to the center line of a state right-of-way nor any closer than to the edge of the reservation area proposed for a county right-of-way.
(a)
All proposed dwellings and accessory structures shall have a rear setback of no less than 30 feet or a side setback of no less than 10 feet from the back edge of the fifty-foot buffer area.
[Amended 2-3-2021 by Res. No. 21T-066]
(b)
All proposed dwellings shall have a minimum fifty-foot setback from the front property line and the proposed internal subdivision right-of-way.
(5)
In cases within the R-1-12, R-1-15 and R-1-20 Districts or in other zoning districts where the use of Town Law § 278 is proposed where lots are to be developed with front yards fronting along a state and/or county road, the minimum lot depth (and width in the case of corner lots) shall be increased in area by 25 feet. Said area shall be utilized as a landscaped buffer from the right(s)-of-way. The type and amount of landscaping required to adequately accomplish a visually effective buffer shall be determined by the Planning Board or Town Board, as the case may be, and development shall be prohibited within the buffer area. Said buffer area shall be no closer than 45 feet to the center line of a state right-of-way nor any closer than to the edge of the reservation area proposed for a county right-of-way.
(a)
All proposed structures shall have a minimum seventy-five-foot setback from the front property line, and in the case of a corner lot fronting on a state or county road, a side setback of 10 feet from the back side of the twenty-five-foot buffer.
(b)
Developments having more than three lots fronting along a state or county road shall be serviced by a twenty-foot-wide private drive, which shall be set back a minimum of 25 feet from the right(s)-of-way.
(6)
Maximum building height restrictions.
District | Maximum Height Limitations | |
|---|---|---|
RA-2 | 2 stories or 35 feet, whichever is less | |
CR-2 | 2 stories or 35 feet, whichever is less | |
RR-1 | 2 stories or 35 feet, whichever is less | |
R-1-12 | 2 stories or 35 feet, whichever is less | |
R-1-15 | 2 stories or 35 feet, whichever is less | |
R-1-20 | 2 stories or 35 feet, whichever is less |
(7)
Any building housing livestock or any noxious commodity shall be no nearer than 100 feet to any lot line.
(8)
No barn, silo, water tower or tank or other farm building or structure on a farm shall be greater than 100 feet in height, or be located less than 100 feet from any property line.
(9)
Any lot housing livestock shall be at least five acres in size.
(10)
No church, school, or other structure designed for public assembly or open to the public, and approved as a conditional use, hereafter erected, structurally altered, reconstructed or moved in any single-family residential district shall be located within 100 feet of any property line.
(11)
Any other structure approved as a conditional use shall comply with setback requirements as established by the board having jurisdiction. In no case shall said setbacks be less than those required under this section.
(12)
A permitted accessory tool, garden or utility shed or storage building shall be sized according to the amount of acreage on which it is placed.
[Amended 2-3-2021 by Res. No. 21T-066]
(a)
Sheds and storage buildings shall have a maximum size of 192 square feet or 1% of gross land area, whichever is greater.
(b)
The minimum rear setback for sheds and storage buildings shall be 10 feet. Any accessory shed or storage building greater than 300 square feet in area shall be placed 50 feet or more from any property line.
(c)
Sheds and storage buildings shall have a maximum height of 20 feet.
(13)
A swimming pool and appurtenances, such as aprons or decks, shall be located not closer than a minimum of 10 feet to the rear property line in any residential district, provided that such structures comply with the required side setbacks and all other requirements of this code.
(14)
Private athletic/recreational courts consisting of vertical and/or horizontal impervious hard surfaces, including but not limited to basketball courts, volleyball courts, and rebound walls, shall be located no closer than 10 feet to the rear property line in any residential district, provided such structures comply with the side setbacks and all other requirements of this Code.
[Amended 2-3-2021 by Res. No. 21T-066]
G.
Residential chickens. On properties with single-family detached homes only, no lot may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of female chicken hens (hereinafter "chickens") unless an application is made to, and a permit is granted by, the authorized official after consideration of the following standards and requirements:
[Added 9-2-2020 by Res. No. 20T-168]
(1)
Permits shall only be granted for the purpose of egg production for personal use only and not for commercial use. Eggs should be collected on a daily basis.
(2)
There shall be no slaughtering of chickens on the premises at any time.
(3)
Roosters and other type of fowl shall not be permitted on properties of less than five acres.
(4)
All chickens shall be kept on the premises of the permittee at all times. There shall be no roaming on the premises unless the permittee can demonstrate that the subject property is fenced in such a manner that no chicken is able to leave and no predator is able to access said premises. It shall be unlawful for chickens to run at large on any public land, including, but not limited to, sidewalks, streets, roads, alleys, parks or other owners' private property.
(5)
Number of chickens permitted.
Lot Size | Number of Chickens Permitted |
|---|---|
Up to 1/2 acre | 6 chickens |
More than 1/2 acre to 2 acres | 10 chickens |
More than 2 acres, but less than 5 acres | 15 chickens |
(6)
No chickens shall at any time be kept in a cellar or any part of any dwelling or any building used for human occupation. Chickens must be kept and housed in chicken coops which shall be structures with walls on all four sides and a roof. Each chicken shall have at least four square feet of floor space when kept in a coop and shall have at least four square feet in addition thereto for a runway. Chicken runways must be securely fenced or enclosed to protect the chickens from animals and to prevent them from leaving the premises. Chicken coops shall not be larger than 192 square feet in area.
(7)
Chicken coops and runways shall not be placed in front yards. All chicken coops and runways shall comply with all setback requirements and shall be no closer than 25 feet from any dwelling or building on an adjacent property used for human occupation and shall be at least 200 feet from any restaurant or place where food is being sold for consumption on the premises.
(8)
Chicken coop access doors must be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire or material resulting in less than one-inch openings. All chicken coops and runways shall be built to prevent animals from digging under such structures.
(9)
Chickens shall have access to food and water at all times which shall not be accessible to rodents, wild birds or predators. All food which is stored shall be kept in rodent and predator proof closed containers.
(10)
All chicken coops, runways, brooders, equipment and premises where chickens are housed shall be kept clean and sanitary at all times. Feces from chickens shall not accumulate on the owner's premises, chicken coops, runways or land such that it becomes a public or private nuisance by odors or unsanitary health conditions. Manure may be used for fertilizer or composting. Any manure not so used must be regularly removed by double bagging and placing the bagged feces in the trash for collection. Any stored manure shall be placed in a noncombustible container.
(11)
All premises where chickens are kept shall be adequately designed, maintained and properly screened to prevent any unsightly visual appearance.
(12)
No property used for the raising, harboring or housing of chickens shall cause any endangerment or detriment to the health, safety, morals or general welfare of the community.
(13)
Chickens shall be provided with veterinary care if ill or injured.
(14)
Failure to comply with the criteria set forth hereinabove may result in the revocation of the permit.
§ 250-5.2 Multiple Residence District (MR).
A.
Purpose. The purpose of the Multiple Residence District (MR) is to permit, where appropriate, the construction and development of multifamily residences in the Town. Areas proposed to be rezoned to MR shall be serviced by sanitary sewers, storm sewers and public water.
B.
Permitted uses. The following uses are permitted in the MR District:
C.
Conditional uses. Conditional uses and their accessory uses shall be governed by and comply with the regulations set forth within § 250-5.1E of this chapter.
D.
Dimensional requirements.
(1)
Lot area and density. The minimum lot area for any multifamily developments shall be 3,500 square feet for each apartment living unit. Structures shall not occupy more than 25% of the gross acreage of the development.
(2)
Setbacks. No structure within the Multiple Residence District shall be located closer than 80 feet to any exterior property line, 50 feet to any public road right-of-way within the multiple residential development, or within 30 feet of any other structure.
(3)
Maximum building height restrictions: two stories or 35 feet, whichever is less.
§ 250-5.3 Townhouse Dwelling District (TH).
A.
Purpose. It is the purpose of the Townhouse Dwelling District (TH) to permit, where appropriate, the construction and development of townhouse units, which are single-family dwellings separated by a party wall. Areas proposed to be rezoned TH shall be served by sanitary sewers, storm sewers and public water.
B.
Permitted uses. The following uses are permitted in the TH District:
C.
Conditional uses. Conditional uses and their accessory uses shall be governed by and comply with the regulations set forth within § 250-5.1E of this chapter.
D.
Dimensional requirements.
(1)
Lot area/density. The development parcel density for this district shall not exceed one living unit per each 5,000 square feet of usable land area. Structures shall not occupy more than 25% of the gross acreage of the development.
(2)
Lot width: 18 feet.
(3)
Setbacks. No structure within the Townhouse Dwelling District shall be located closer than 80 feet to any exterior property line, 50 feet to any public road right-of-way within the townhouse development or within 30 feet of any other structure. In no case shall any internal front or rear setback be less than 30 feet.
(4)
There shall be no more than eight individual townhouse units within each building or dwelling group.
(5)
Maximum building height restrictions: two stories or 35 feet, whichever is less.
§ 250-5.4 Planned Development District (PD).
A.
Purpose. It is the purpose of the Planned Development District (PD) to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof can be developed within the Town that incorporate a variety of residential types and nonresidential uses, and which may contain both individual building sites and common property which are planned and developed as a unit. Where PD is deemed appropriate through the rezoning of land to a PD District by the Town Board, the use and dimensional specifications set forth elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
B.
Permitted uses.
(1)
The following uses are permitted in the PD District:
(a)
All residential types and their accessory uses. The use of a variety of housing types shall be deemed most in keeping with this district.
(b)
Commercial, service and other nonresidential uses and their accessory uses. These are to be scaled primarily to serve the residents of the PD or the immediately surrounding residential area.
(2)
Notwithstanding any provision of this section to the contrary, in no event shall any explicitly prohibited use be permitted within any Planned Development District.
C.
Dimensional requirements.
(1)
Lot area. The minimum usable PD area per project shall be 50 contiguous acres. Where the applicant can demonstrate that his/her holdings will meet the objectives of this district, the appropriate board may consider sites with less acreage.
(2)
Lot width and area. Single-family detached residences shall have a minimum width of 70 feet and shall have a minimum lot area of 8,000 square feet.
(3)
Setbacks.
(a)
Front setback. Single-family detached residences shall be addressed pursuant to § 250-5.1F(1) of this chapter.
(b)
Side setback: 10% of the lot width.
(c)
Rear setback: 30 feet.
(d)
Rear setbacks for accessory structures, swimming pools, tool and garden sheds shall be 10 feet from the rear property line.
(e)
Decks or open porches shall be no closer than 20 feet to the rear property line.
(f)
Lot width, area, and setbacks for single-family attached residences, such as townhomes, duplexes, etc., shall comply with the requirements for such development as set forth in § 250-5.3D of this chapter.
(4)
Open space. A minimum of 10% of the usable total land area shall be devoted to open space for the primary use of residents of the PD.
(5)
Maximum building height restrictions: two stories or 35 feet, whichever is less.
D.
Special provisions applying to the PD District.
(1)
In order to carry out the purpose of this district, a PD shall achieve the following objectives:
(a)
A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(b)
More convenience in locating accessory commercial and service areas.
(c)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs.
(d)
A development pattern in harmony with the objectives of the Town's current Comprehensive Plan.
(e)
A more flexible environment than would be possible through the strict application of other provisions of this chapter.
(2)
Before the consideration of any rezoning of property to PD can take place by the Town Board, the developer or his/her authorized agent shall apply for and secure preliminary site plan approval of such PD in accordance with the site plan approval procedures established in Article XII. Upon receipt of a favorable report from the Planning Board covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct the public hearings necessary for the purpose of considering PD districting for the applicant's plan in accordance with the procedures established in § 250-15.4, Notice of public hearing, and Town Law §§ 264 and 265. PD districting shall be conditional upon the applicant's securing of final site plan approval in accordance with procedures set forth in Article XII and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the Planned Development District.
(3)
The Town Board shall determine in each case the appropriate land use intensity and dwelling unit density for individual projects and shall consider any recommendation on same from the Planning Board. The determination of land use intensity ratings and/or dwelling unit densities shall be completely documented.
(5)
For the purpose of regulating use of property after initial construction and occupancy, use changes shall be in the form of an application for a special use permit. It shall be noted, however, that property lying in PD Districts is unique and shall be so considered by the Town Board when evaluating these applications and maintenance of the intent and function of the planned development shall be of primary importance. An application shall be filed with the Town Clerk and such filing fee shall be consistent with § 250-15.2. Further, a special use permit granted pursuant to this section shall be issued by the Town Clerk at a fee as required by resolution by the Town Board.
(6)
The development shall be served by public sanitary sewers, storm sewers and water.
§ 250-5.5 Business Non-Retail District (BN-R).
A.
Purpose. The purpose of the Business Non-Retail District (BN-R) is to provide suitable areas for various non-retail, service-oriented uses that are easily accessible to the neighborhoods which they serve. Such districts are also intended, where possible, to act as a compatible transition area between residential, and commercial and industrial areas because of the generally low volumes of traffic associated with such uses, and their hours of operation and noise characteristics, which make them compatible as transition uses.
B.
Permitted uses.
(1)
The following uses are permitted in the BN-R District:
(a)
Insurance offices of independent or general agents.
(b)
Medical and dental offices and clinics, excluding overnight occupancy.
(c)
Branch banks.
(d)
Commercial schools.
(e)
Attorney's offices.
(f)
Offices for other licensed professionals, such as architects, designers, engineers, etc., excluding, however, any warehouse or storage areas.
(g)
Office parks/buildings.
(h)
Public buildings and grounds, excluding maintenance, storage or repair facilities.
(i)
Uses accessory to the above which are an integral part of and used solely by the permitted use and are deemed appropriate by the authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the BN-R District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become or are liable to become detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Drive-in bank auto tellers.
(b)
Mortuaries or funeral homes.
(c)
Nonprofit institutions for charitable, religious, cultural or community social purposes.
(d)
Public utility substation uses, excluding power plants, maintenance or storage facilities and uses of similar nature.
(e)
Nursery or day-care centers, and nonprofit schools.
(f)
Combinations of permitted business non-retail and single-family residential uses.
(g)
Other legal uses, determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (f), to be compatible with the purposes of the BN-R District, and to be consistent with the Town's Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
[Amended 2-3-2021 by Res. No. 21T-066]
(2)
Upon a determination by the authorized official that any conditional use originally permitted within the BN-R District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, an application for a conditional use permit must be made to the board having jurisdiction. Prior to authorizing the Town Clerk to issue the conditional use permit, the board having jurisdiction shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the board having jurisdiction may require the modification of any and all phases of the operation that have become, or are liable to become, detrimental to the neighborhood. The board having jurisdiction, in its absolute discretion, in cases it deems to be appropriate, may delegate authority to the authorized official to grant or deny a conditional use permit consistent with the standards and requirements of this section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate the necessary structures and comply with this chapter, as well as all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not occupy more than a maximum of 65% of the total lot area. The remainder of the lot shall be devoted to no less than a minimum of 35% open space or landscape area.
(a)
Greenspace shall be 35%. "Greenspace" shall be defined as an area of grass, trees, or other vegetation set apart for recreational or aesthetic purposes in an otherwise urban environment.
(b)
Incorporation of green infrastructure such as green roofs, rain gardens, biofilters, and pervious pavement shall be reviewed and deemed appropriate by the board having jurisdiction.
(3)
Setback requirements. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the Business Non-Retail District shall be located closer than 80 feet to the front property line, 20 feet to a side property line or 30 feet to the rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Maximum building height restrictions: three stories or 40 feet, whichever is less.
E.
Hours of operation. No business establishment in any BN-R District shall be open to the public except between the hours of 7:00 a.m. and 9:00 p.m.
§ 250-5.6 Limited Business District (LB).
A.
Purpose. The purpose of the Limited Business District (LB) is to provide convenience, small-scale retail service, and business uses in strategic locations to support the Town's residential population base. Limited Business Districts are intended to act as buffers between the larger and more intense general business center and residential areas.
B.
Permitted uses.
(1)
The following uses are permitted in the LB District:
(a)
Permitted uses within a Business Non-Retail District.
(b)
Grocery stores.
(c)
Laundromat or dry-cleaning pick-up establishments.
(d)
Bakeries.
(e)
Drugstores or pharmacies.
(f)
Hardware stores, garden supply stores, and paint and wallpaper stores.
(g)
Barber and beauty shops.
(h)
Flower shops.
(i)
Liquor stores.
(j)
Retail stores.
(k)
Auto accessories and parts (excluding repairs), home appliance stores and furniture stores.
(l)
Uses accessory to the above which are an integral part of and used solely by the permitted uses and which are deemed appropriate by the authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the LB District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Sit-down restaurants.
(b)
Take-out restaurants.
(c)
Combinations of permitted single-family residential, business non-retail and limited business uses.
(d)
Gasoline service stations/convenience retail stores.
(e)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (d), to be compatible with the purposes of the LB District, and to be consistent with the Town’s Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon a determination by the authorized official that any conditional use originally permitted within the LB District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, an application for a conditional use permit must be made to the board having jurisdiction. Prior to authorizing the Town Clerk to issue the conditional use permit, the board having jurisdiction shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the board having jurisdiction may require the modification of any and all phases of the operation that have become, or are liable to become, detrimental to the neighborhood. The board having jurisdiction, in its absolute discretion, in cases it deems to be appropriate, may delegate authority to the authorized official to grant or deny a conditional use permit consistent with the standards and requirements of this section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional requirements.
(1)
Lot area. The minimum lot size shall be that necessary to accommodate the necessary structure and comply with this chapter, as well as all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not occupy more than a maximum of 65% of the total lot area. The remainder of the lot shall be devoted to no less than a minimum of 35% open space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the Limited Business District shall be located closer than 80 feet to the front property line, 20 feet to a side property line, or 30 feet to a rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Floor area. Any separate commercial retail business use, owned or leased, shall not exceed 25,000 square feet in floor area.
(5)
Maximum building height restrictions: three stories or 40 feet, whichever is less.
E.
Hours of operation. Business establishments within an LB District shall be open to the public only between the hours of 6:00 a.m. and 12:00 midnight. Based upon the intensity of the proposed use and its potential impact on the neighboring area, the board having jurisdiction may modify the hours of operation as part of the process of granting a conditional use permit.
§ 250-5.7 General Business District (GB).
A.
Purpose. The purpose of the General Business District (GB) is to provide a broader range of general and comparison commercial goods and services necessary to serve a number of neighborhoods and do so in an orderly fashion that maintains viability of residential areas and neighborhood commercial centers.
B.
Permitted uses.
(1)
The following uses are permitted in the GB District:
(a)
Permitted uses within the Business Non-Retail District.
(b)
Permitted uses within the Limited Business District.
(c)
Retail outlets and department stores.
(d)
Theaters (not including drive-in theaters) and bowling alleys.
(e)
Uses accessory to the above which are an integral part of and used solely by the permitted use and deemed appropriate by the authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the GB District is to be changed so that it involves a separate, different and distinct use, process or product, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Bar, tavern, restaurant or other eating place.
(b)
Auto sales, new and used, mobile home and recreational vehicle sales.
(c)
Auto repair shops.
(d)
Rentals of trucks, trailers, etc., associated with gasoline service station or other uses.
(e)
Drive-in theaters.
(f)
Vehicle washes.
(g)
Bus passenger stations.
(h)
Motels or hotels.
(i)
Gasoline service stations.
(j)
Combinations of permitted single-family residential, business non-retail, limited business and general business uses.
(k)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (j), to be compatible with the purposes of the GB District, and to be consistent with the Town’s Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon a determination by the authorized official that any conditional use originally permitted within the GB District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, an application for a conditional use permit must be made to the board having jurisdiction. Prior to authorizing the Town Clerk to issue the conditional use permit, the board having jurisdiction shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the board having jurisdiction may require the modification of any and all phases of the operation that have become, or are liable to become, detrimental to the neighborhood. The board having jurisdiction, in its absolute discretion, in cases it deems to be appropriate, may delegate authority to the authorized official to grant or deny a conditional use permit consistent with the standards and requirements of this section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate the necessary structures and comply with this chapter as well as all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not occupy more than a maximum of 65% of the total lot area. The remainder of the lot shall be devoted to no less than a minimum of 35% open space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the General Business District shall be located closer than 80 feet to the front property line, 20 feet to a side property line, or 30 feet to a rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Maximum building height restrictions: three stories or 40 feet, whichever is less.
E.
Hours of operation. Business establishments within the GB District may remain open 24 hours on a daily basis.
§ 250-5.8 Limited Industrial District (LI).
A.
Purpose. The purpose of the Limited Industrial District (LI) is to permit, where appropriate, the construction of research and development oriented industries, high technology and light manufacturing facilities, offices, hotels and to locate adult uses and entertainment in such a manner as to preserve the character and quality of life, maintain property values within Town neighborhoods and retail trade in business areas, control documented harmful and adverse secondary effects of adult uses on surrounding areas, restrict minors' access to adult uses and to protect the health, safety and general welfare of the Town of Penfield. Areas for such zoning shall be identified by the Town Board or upon application. These areas shall be zoned as an LI District in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the Town, and this statement of purpose. Areas proposed to be zoned LI shall be served by sanitary sewers, adequate drainage control and/or storm sewers and public water.
B.
Permitted uses.
(1)
The following uses are permitted in the LI District:
(a)
Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.
(b)
Light manufacturing, assembling, fabrication.
(c)
Offices.
(d)
Hotels.
(e)
Adult uses and adult entertainment establishments.
(f)
Uses accessory to the above which are an integral part of any uses solely by the permitted use and are deemed appropriate by the authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the LI District is to be changed so that it involves a separate, different and distinct use, process or product, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Dimensional requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate the necessary structure and comply with this chapter, as well as all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not occupy more than a maximum of 65% of the total lot area. The remainder of the lot shall be devoted to no less than a minimum of 35% open space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter.
(a)
(4)
Maximum building height restrictions: four stories or 50 feet, whichever is less.
(5)
Adult uses and adult entertainment establishments.
(a)
Adult uses and adult entertainment establishments shall comply with the following setback and dimensional requirements:
[1]
No adult use or adult entertainment establishment shall be located within 500 feet of the boundary of any residential zoning district.
[2]
No adult use or adult entertainment establishment shall be allowed within 1,000 feet of another existing adult use or adult entertainment establishment, and no more than one of the uses governed by this provision shall be permitted on any single lot in the Town of Penfield.
[3]
No adult use or entertainment establishment shall be located within 150 feet of any boundary line abutting another municipality.
[4]
No adult use or adult entertainment establishment shall be located within 1,000 feet of any recreational facility, school, place of worship, cemetery, park or playground, children's camp, or other area where large numbers of children travel or congregate.
[5]
No adult use or adult entertainment establishment shall be located within 100 feet of any existing commercial or industrial use.
[6]
In addition to the requirements set forth hereinabove, minimum dimensional requirements shall be as set forth in this chapter.
[8]
In the case of conflict between any such provisions relating to setbacks and lot coverage requirements, the stricter, more restrictive provision shall govern and apply.
(b)
Prohibition regarding public observation. All adult entertainment establishments shall be conducted in an enclosed building at all times. Regardless of location or distance, no one passing by an enclosed building having a use governed by these provisions shall be able to discern any specified anatomical area or any specified sexual activity by virtue of any material which depicts or describes said area or activity. This provision shall apply to any display, decoration, sign, window or other building opening.
D.
Hours of operation. All businesses operating within the LI District may remain open 24 hours on a daily basis.
[Added 2-3-2021 by Res. No. 21T-066]
§ 250-5.9 LaSalle's Landing Development District (LLD).
A.
Purpose.
(1)
Pursuant to a joint land use plan adopted by the Towns of Irondequoit and Penfield, the LaSalle's Landing Development District (LLD) is designed to provide a suitable character and stable environment for the establishment and maintenance of water-oriented and/or water-enhanced uses and activities along the shoreline of Irondequoit Bay and its adjacent wetlands. The district is also designed to protect the unique and sensitive environmental features that exist along the Bay shoreline, and to promote the public health, safety and general welfare. The district is also designed to promote and encourage public access to the shore zone and appropriate water-oriented recreational and other appropriate development adjacent to the shore zone. The LLD permits moderate-density residential development, as well as certain commercial, recreational and open space uses that serve the residents of and visitors to this district, as well as the Town, and that generally benefits from and enhances the unique aesthetic and environmental qualities of the Town's waterfront areas.
(2)
The purpose of this district includes the following specific goals:
(b)
To provide sufficient space in appropriate waterfront locations for moderate-density residential development, recreational activities, certain commercial activities and other water-oriented uses, in order to meet the various housing and recreational needs of the Town of Penfield's present and future populations.
(c)
To recognize the sensitivity of waterfront areas as unique environmental and recreational resources and to protect these areas from environmentally destructive uses and activities.
(d)
To provide for a desirable mix of water-oriented commercial uses and active and passive recreational opportunities that takes advantage of the unique locations and characteristics of the Town's waterfront areas.
(e)
To encourage development that is appropriately designed and in harmony with its environment and that does not conflict with the preservation of the natural beauty of the Town's waterfront areas.
(f)
To promote the most desirable and appropriate use of land and direction of building development based upon land and soil types and other natural features, environmental constraints, neighborhood characteristics and overall community needs.
(g)
To protect the character of the district and its peculiar suitability for particular uses; to conserve the value of land and buildings and to protect and enhance the tax revenue base of the Town of Penfield.
(h)
To permit development in areas which, by virtue of their locations, topography, accessibility, relationship to surrounding land uses, zoning patterns and natural features and availability of public services and utilities, are best suited for a particular purpose; and to preserve areas that are naturally unsuited for development or that have unique historical, aesthetic or environmental significance.
(i)
To encourage flexibility of design and preservation of unique environmental features through, for example, the use of Town Law § 278 (cluster development) and/or incentive zoning where applicable,[2] and maintenance of the aesthetic quality of waterfront areas by permitting the Town of Penfield to establish consistent minimum dimensional requirements with the Town of Irondequoit for permitted principal uses, and to review other pertinent design aspects of such proposed projects.
(j)
To preserve, wherever feasible, the existing vegetation and natural features of waterfront areas and to prevent, as much as possible, significant erosion, sedimentation and drainage problems, both during and after construction.
(k)
To encourage and facilitate water-oriented recreational development within the shore zone, as permitted principal uses or as accessory uses, where compatible with the primary purpose of the proposed development.
(l)
To protect the LaSalle's Landing Development District (LLD) and its waterfront areas, as much as possible, against excessive volumes of vehicular traffic flow, and to deal with safety problems related to such vehicular traffic flow.
(m)
To protect waterfront areas against congestion, as much as possible, by regulating the density of population and intensity of land use, and by requiring the provision of open areas for rest and recreation, wherever practical.
(n)
To promote the maintenance and/or extension of public access to the shore zone, where practical and feasible, where such access relates to and is compatible with the primary purpose of the proposed development or activity.
(o)
To minimize impacts upon Irondequoit Bay water quality, such as disturbance of sediment and pollutants, through regulation, reasonable limitations and prohibition of new marinas and regulation of expansion of existing marinas.
(p)
To encourage greater public access to the shore zone of Irondequoit Bay through the use of sidewalks, boardwalks and other appropriate forms of intermodal access through the special use permit and site plan review process.
B.
Permitted uses. No structure shall be erected, structurally altered, reconstructed or moved, and no structure, land or premises shall be used in the district designated on the official zoning maps of the Towns of Irondequoit and Penfield as "LaSalle's Landing Development District" (LLD) except for the following principal and "customarily incidental" accessory uses, all of which shall be subject to a special use permit and site plan approval issued by the Town Board in accordance with § 250-13.2 of this chapter:
(1)
Principal uses:
(a)
Public parks, playgrounds or similar public recreational uses owned or operated by a public agency.
(b)
Multifamily dwellings and apartment buildings.
(c)
Townhouses and single-family attached dwellings.
(d)
Commercial parks, playgrounds, beaches, parks, golf courses, tennis/racquetball clubs or other similar recreation uses operated for profit.
(e)
Sit-down and take-out restaurants.
(f)
Motels and hotels.
(g)
Stores, shops and boutiques.
(h)
Offices.
(i)
Car-top boat, canoe sales, display and/or launch areas. Floating piers or piers on pilings shall be used to provide access to canoes, kayaks and other nonmotorized boats.
(j)
Public utility buildings or structures, including but not limited to electrical substations, but excluding communications towers and their accessory structures.
(k)
Combinations of permitted principal uses, based on a determination by the Town Board that such combinations are appropriate for the LLD and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP), subject to approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(2)
Principal use restrictions and/or additional requirements. All principal uses permitted within the LaSalle's Landing Development District (LLD) shall be subject to the following restrictions and/or additional requirements:
(a)
Any of the uses permitted in this section that require the use of an area other than within an enclosed building may be conducted in whole or part outside of such building or upon vacant land, and shall be subject to approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(3)
Accessory uses located on the same lot with a permitted principal use, subject to those dimensional and setback requirements as noted in Subsection C of this section:
(a)
Gazebos, boardwalks, community and/or educational interpretative centers.
(b)
Private garages and carports.
(c)
Swimming pools.
(d)
Sheds, cabanas or similar accessory structures.
(e)
Communication antennas subject to the provisions of § 250-13.11C of this chapter are exempt from the requirements of securing a special use permit.
(h)
Storage (both indoor and outdoor) of mobile homes, motor homes, house trailers, campers, camping trailers, truck campers, utility campers, boats and boat trailers, subject to special use permit approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(i)
Tennis courts, recreational ramps and other similar outdoor recreational facilities, provided that such uses are clearly incidental to the primary residential or principal use on the property and provided that such uses are located a minimum of 10 feet from any property line, subject to site plan review by the Town Board.
(4)
The following additional requirements shall also apply to all such structures and facilities:
(a)
The construction of such structures and facilities shall be undertaken in such a way so as not to impair water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, impede views/vistas of the Bay, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, or otherwise threaten the public health and safety.
(b)
Dredging, earth moving and disturbance of land above and below water shall be minimized as much as possible, shall only be permitted in conjunction with maintenance of existing docks and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(c)
To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline, piers and wharves shall be of floating construction wherever feasible and shall not be of rock-filled cribbing, sheet piling, closely spaced piling, or such other construction which would significantly impair water circulation.
(d)
The maximum surface area of any pier or wharf shall not exceed 700 square feet.
(e)
The number of piers or wharves permitted per waterfront lot or per waterfront development shall not exceed one such structure and shall be subject to a special use permit issued by the Town Board subject to the requirements of Subsection E of this section and approval by the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation.
(f)
Every pier or wharf that is constructed shall have a minimum clearance or setback of 10 feet from adjacent property lines, as extended at a ninety-degree angle from the shoreline, to allow adequate vessel access to neighboring waterfront parcels.
(g)
Piers or wharves that are 100 feet or longer shall, during the hours of darkness, be required to be lighted in such a manner so as to not constitute a hazard to navigation.
(h)
Lighting of the surface of any pier or wharf shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land. The use of low mast lighting fixtures and deflector shields to direct the light downward shall be required to reduce or eliminate glare.
C.
Dimensional requirements.
(1)
Required minimum lot size.
(a)
No new principal building or structure to be used as a multifamily dwelling, apartment building, or other similar use shall hereafter be erected on any lot unless such lot shall have a minimum area of 3,000 square feet per dwelling unit.
(b)
No new principal building or structure to be used as a townhouse dwelling, or other similar use shall hereafter be erected on any lot unless such lot shall have a minimum area of 4,000 square feet per dwelling unit.
(c)
The required minimum lot sizes for all other principal uses permitted in the LaSalle's Landing Development District (LLD) shall be established by the Town Board. The required minimum lot size shall be based on the relative intensity of the proposed land use and the need to protect or buffer the use from sensitive environmental areas, significant historic or archeological areas, or scenic views or vistas.
(2)
Required minimum building setbacks.
(a)
The Town Board, in accordance with the provisions of Town Law § 278, shall be empowered to modify the setback requirements and other applicable provisions of this chapter with respect to the approval of a plat or plats. The purpose of this authorization is to enable and encourage a flexibility of design and development of land in such a manner so as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, to encourage and maintain adequate public access to the shoreline, and to preserve and protect the natural and scenic qualities of the Town's open lands and shore zone.
(b)
Setbacks of buildings and structures from all other buildings and structures on the lot and from property lines, for all other permitted principal and accessory uses not already identified in this section, shall be determined by the Town Board during the site plan review and approval process and shall be based on the following guidelines:
[1]
Principal buildings, parking areas and accessory structures, excluding such facilities as piers, wharves and boat ramps, shall be set back a minimum of 25 feet inland from the high water's edge, in order to maintain adequate access to the shore zone.
[2]
Principal buildings, parking areas, and accessory structures shall be set back a minimum of 60 feet from any road right-of-way, a minimum of 20 feet from any side property line and 30 feet from any rear property line or, in the case of properties fronting Irondequoit Bay, 25 feet from any pedestrian access easement existing or proposed along the water's edge.
[3]
Principal building and accessory structure setbacks shall be established with due consideration to provisions for fire protection services and adequate access for fire and emergency equipment within and around the site.
[4]
Principal building and accessory structure setbacks shall be established with due consideration to the protection and preservation of unique and sensitive environmental features, scenic views and vistas, the specific goals established for this district and the use of clustering as a site design technique.
(3)
Maximum building heights.
(a)
Maximum building heights for all permitted principal uses specified in this section shall not exceed two stories or 35 feet, whichever is less, except where it has been determined by the Town Board during the special use permit process that, based on a visual analysis of the site prepared and submitted by the applicant and reviewed by the Board, greater building heights would not interfere with identified scenic views or vistas or impair the aesthetic quality and integrity of the waterfront area. In such cases, the Town Board shall establish maximum principal building heights in order to protect the scenic views and vistas and the aesthetic character of waterfront areas in general.
(b)
Accessory structures shall not exceed a maximum height of 15 feet unless otherwise specified or regulated in this chapter.
(4)
Maximum density; maximum percentage of lot occupancy. The total overall ground coverage of all principal and accessory buildings, parking areas and other impervious surfaces on any lot shall not exceed 70% of the total lot area. The remainder of the lot shall be utilized for pedestrian access, open space and/or landscaped areas.
(5)
Hours of operation. Business establishments may be open to the public 24 hours on a daily basis.
D.
Additional requirements.
(1)
Off-street parking and loading requirements. Off-street parking spaces and loading facilities shall be provided for all uses specified in this section, in accordance with the provisions of §§ 250-7.7 and 250-7.8 of this chapter and the following additional requirements:
(a)
All parking spaces shall be set back a minimum of 10 feet from any street line or property line to provide for proper landscaping and buffering, except in cases where shared parking is proposed and approved by the Town Board during the special use permit and site plan review process.
(b)
Parking shall be provided according to the following minimum standards:
[3]
Hotels: one space per room or suite; plus one space per three employees on minimum shift, plus one space per three persons based on the maximum capacity of public meeting rooms, plus 50% of the spaces otherwise required for restaurants, accessory uses, etc.
[4]
Restaurants, sit-down: one space per three patron seats, including any bar stools, or one space per 100 square feet of floor area, whichever is greater, plus one space per employee on maximum shift.
[5]
Office: one space per each 100 square feet of office area.
[6]
Other uses not specifically listed above shall furnish parking as required by the board having jurisdiction and/or the authorized official.
[7]
The Town Board may modify parking requirements to reflect the needs of a particular use to be developed, provided that the Board is satisfied that the site may be able to accommodate future uses with more intensive parking requirements. Said area shall be identified and set aside on an approved site plan.
(2)
Landscaping and buffering requirements.
(a)
Parking areas shall be landscaped and buffered as much as possible. A reasonable reduction in the size and number of parking spaces required for a project shall be permitted by the Town Board where it can be demonstrated by the applicant that such a reduction will not create overflow parking problems and that the additional space will be used for landscaping or open space within the site.
(b)
Where practical, trees with a diameter or caliper of six inches or greater shall be retained on the site.
(3)
The Town Board, as part of the site plan and/or special use permit review and approval process, may require public access in the form of walkways, pedestrian trails, paths, or bikeways to the shoreline for those development projects or proposed uses adjacent to the shoreline where such access is appropriate and desirable and does not conflict with existing natural features or the public health, safety or general welfare. In requiring such public access, the Town Board shall consider the nature of the access to and from surrounding properties and uses, as well as the relationship of the access and proposed use of the water.
E.
Town Board special use permit application requirements. An application for special use permit review and approval for all principal uses within the LaSalle's Landing Development District (LLD) shall be accompanied by:
(1)
A natural resource inventory for the proposed development site that identifies all of the environmentally sensitive or unique areas within the site, including but not limited to steep slopes, wetlands, woodlands, floodplains, scenic views and vistas and wildlife habitats. The natural resource inventory shall also indicate how the proposed development will impact these areas and mitigating measures to minimize any adverse impacts.
(2)
A visual analysis, which assesses the site's visual impacts. Said analysis shall be based, in part, upon the visual EAF addendum (SEQR 617.21) and any additional information required by the Town Board.
F.
Granting of special use permit.
(1)
Approval by the Town Board of any special use permit shall be contingent upon a finding by the Board, based on the information submitted and testimony made at the public hearing, written project reviews by the appropriate agencies and a recommendation from the Monroe County Planning Department, that the proposed project will, as applicable:
(a)
Provide adequate and safe access;
(b)
Provide adequate site utility service, including water supply, sewage and refuse disposal;
(c)
Be compatible with and enhance, to the extent possible, the existing natural features of the site and the surrounding area;
(d)
Provide adequate year-round site fire protection services;
(e)
Relate in an adequate and appropriate manner to the depth of bay water adjacent to the site;
(f)
Relate in an adequate and appropriate manner to, and in general be compatible with the permitted existing land use and zoning pattern in the immediate area;
(g)
Comply with the applicable site design criteria and other zoning district requirements outlined in this chapter; and
(h)
Provide public access to the shore zone, to the extent possible and desirable given the nature of the site and proposed use.
(2)
Approval by the Town Board of any special use permit shall be contingent upon a finding by the Board, based on the information submitted and testimony made at the public hearing, written project reviews by the appropriate agencies and a recommendation from the Monroe County Planning Department, that the proposed project or development will not, as applicable:
(a)
Adversely affect the orderly development and character of the surrounding neighborhood, nor be detrimental to the health, safety or to the general welfare of the Town;
(b)
Be a nuisance to neighboring land uses; create hazards or dangers to the general public or to persons in the vicinity of the project; cause undue harm to or impair existing sensitive natural features on the site or in the surrounding area; be incompatible with the type, extent and direction of building development for the site and surrounding area, as proposed in the Town of Penfield Comprehensive Plan, LWRP, LaSalle's Landing Development Plan or official policies, or a portion thereof as adopted by the Town.
(c)
Impair or adversely impact significant historic, archeological and/or cultural resource sites.
(d)
Require an unnecessary or destructive amount of dredging, filling or other disturbance of the water of Irondequoit Bay or Irondequoit Creek.
(e)
Adversely affect any sensitive environmental features which may exist on or in close proximity to the site.
§ 250-5.10 Four Corners District (FC).
[Amended 8-7-2024 by L.L. No. 7-2024]
A.
Purpose and intent. The purpose of the Four Corners District is to encourage a mix of commercial and residential uses that preserves the historic character of the area and creates a walkable, village-like center. It is the intent of this district to encourage development patterns and uses that address the following priorities:
(1)
Establish a compatible mix of residential, retail, business, service and civic uses.
(2)
Preserve and protect the integrity of historic resources that contribute to the character of the Four Corners District.
(3)
Ensure new construction and exterior modifications to existing structures are aesthetically pleasing and visually complement adjacent buildings.
(4)
Encourage shared access across adjacent lots to reduce curb cuts, where feasible, and improve traffic flow and safety.
(5)
Encourage shared use of, and shared access to, off-street parking areas.
(6)
Foster safe pedestrian connectivity.
(7)
Ensure adequate buffers between developments and encourage well-designed landscaping and green spaces on, and between, development sites.
B.
Permitted uses. The Four Corners District shall have no uses permitted by right. Any uses existing at the time of the effective date of this section, as amended or changed, shall be permitted to continue to operate as is. Any future changes in use or intensity of use within the district will be subject to the regulations contained in this section.
C.
Conditional uses. The following uses may be permitted once the required conditional use permit and any other required approvals have been approved:
(1)
Retail stores.
(2)
Restaurants (sit-down or take-out).
(3)
Personal service salons and shops (e.g., barber shop, hair salon, aesthetics salon, etc.).
(4)
Professional and medical offices.
(5)
Financial institutions.
(6)
Gasoline service station without vehicle repair.
(7)
Places of worship.
(8)
K-12 schools (private and public).
(9)
Child care and nursery schools.
(10)
Instructional schools for dance, music, trades, tutoring and other skill-building training programs.
(11)
Photo studios, art galleries and similar.
(12)
Senior living facilities, including skilled nursing facilities.
(13)
Residential structures.
(14)
Off-street parking lots.
(15)
Combinations of conditionally permitted residential and nonresidential uses.
(16)
Other uses determined by the Town Board to be compatible with, and/or similar to, the conditional uses outlined above and consistent with the priorities of the Four Corners District and the Town's current adopted Comprehensive Plan. Uses approved under this provision require a public hearing to be conducted before the conditional use permit can be issued.
D.
Accessory uses and structures. Subordinate uses and structures needed to support the conditionally permitted use(s) are deemed appropriate in the district and shall be reviewed by the Town Board and/or authorized official having jurisdiction. Accessory uses and structures include, but are not limited to, sheds and storage structures, dumpster enclosures, EV charging stations, patios, gazebos, pergolas, and other covered outdoor areas.
E.
Design guidelines. The following design guidelines provide a framework for the development and redevelopment of properties located within the Four Corners District. They emphasize the need for flexibility and creativity in this district to ensure that the village-like development pattern is maintained over time. Additions or modifications to existing structures or properties in this district must conform to the requirements set forth herein, notwithstanding any related provisions contained elsewhere in Chapter 250.
(1)
Lot area and coverage. There are no set minimums or maximums in this district. Proposed development and/or redevelopment projects shall demonstrate their ability to meet all local, state and federal regulations (e.g., stormwater management, traffic, parking, site ingress and egress, etc.). Town Engineer approval will be required.
(2)
Setbacks. No structure within the Four Corners District shall be located closer than 30 feet to the front property line, 10 feet to a side property line or 30 feet to a rear property line. On corner lots, the thirty-foot minimum front setback shall be provided along each road frontage. A buffer area of at least 50 feet shall be provided along the boundary line between the Four Corners District and any developed parcel located in an adjacent residential zoning district. The Town Board shall have the power to modify applicable provisions of this Subsection E(2) if the setbacks would promote appropriate land use and development and/or facilitate the efficient use of streets, parking and/or utility infrastructure, provided the proposed setbacks meet setback requirements contained in the NYS Uniform Code.
(3)
Building massing and design. Building design is flexible in this district. The Town Board shall consider the parcel location, topography, proposed architectural features and design, exterior building materials and distance(s) to adjacent structure(s) when determining whether a proposed building fits the character of the district. In general, building designs should conform to, and complement, the recommendations in the Four Corners District Plan, as amended or updated. Larger-massed buildings proposed in this district should include design elements that break up the facade and replicate a village-like scale. Building height shall not exceed three stories or 45 feet, whichever is less. The Town Board may consider taller building height if the topography and surrounding development support the increase in height.
(4)
Off-street parking and access management. Shared parking and access are encouraged to the greatest extent feasible in the Four Corners District.
(a)
Minimum parking required. While there is no specific ratio of parking spaces based on specified uses, applications for new conditional use permits and site plan approval shall demonstrate enough parking for employees and their customers and clients. The Town may require a parking study as part of their review of an application.
(b)
Shared parking. Parking associated with proposed development and/or new land uses may be provided on nearby parcels.
[1]
Off-site parking on private property will require a shared parking agreement and/or easement, subject to Town Attorney approval prior to being filed in the Monroe County Clerk's Office.
[2]
Proposed off-site parking in Town-owned parking lots shall be approved by the Town Board and, based on the Town Attorney's review and guidance, may require legal agreement(s) and County Clerk filing(s).
(c)
Shared access is encouraged and may be provided through common driveways, private drives, or parking lot access aisles.
[1]
Shared access shall be documented in shared access easement(s), which will be subject to Town Attorney approval before being filed in the Monroe County Clerk's Office.
[2]
In instances where driveway entrances to parking areas are one-way only, property owners shall ensure directional signage and pavement markings are provided at highly visible locations near the driveway entrance(s) and exit(s).
(5)
Signage. Signage shall incorporate design elements and materials that reflect the historic character of the district and complement traditional architectural building elements. Once signage design has been approved in accordance with the approvals outlined herein, required sign permit(s) must be obtained through the Building Department prior to installation or replacement.
(a)
Freestanding, ground-mounted monument signage is preferred over pole-mounted signage.
(b)
Lighting for signage should be provided via gooseneck-style/overhanging exterior-mounted fixtures to the greatest extent practicable. If ground-mounted lighting is proposed, it shall be sized and installed in a way that minimizes light spill off the sign surface.
(c)
Channel-lit freestanding or building-mounted signage may be considered if the design of the sign complements the building style and there will be zero light spill beyond the property line.
(d)
Portable temporary signs (e.g., A-frame sign) are permitted and must conform with the requirements of § 250-10.11M. One sign may be displayed for each business. If more than one A-frame sign is proposed for any business, application to the Town Board for review and approval shall be required.
(e)
Temporary signs and/or banners, excluding A-frame signs outlined in Subsection E(5)(d) herein, may be permitted for limited periods of time. The temporary signs and/or banners must be located on private property in proximity to the business and may not exceed 24 square feet in size. Special permits will be granted administratively in one-week intervals for a maximum of four weeks total in a given calendar year. Each week's special permit shall require a sign permit issued through the Building Department.
(6)
Pedestrian and bicycle accommodations. As new development and redevelopment occurs, opportunities for enhanced pedestrian and bicycle amenities should be provided, including sidewalks, pedestrian pathways through parking lots, bicycle storage areas (e.g., racks or indoor storage), outdoor seating, and other physical improvements and fixtures deemed appropriate by the Town Board.
(7)
Conformance with applicable Historic Preservation Overlay District regulations. Properties located in designated historic districts and properties that are designated as local, state and/or federal landmarks shall conform to the historic preservation requirements set forth in § 250-6.2 of the Town Code.
F.
Operational standards.
(1)
Hours of operation. Nonresidential uses are permitted to be open to the public anytime between the hours of 6:00 a.m. and 12:00 a.m. (midnight). The Town Board may allow hours of operation beyond this limit if the proposed use and location warrant such consideration in the issuance of the conditional use permit. Any granting of extended hours requires a public hearing before the Town Board can render its decision. Any extended hours granted by the Town Board shall expire when the granted use ceases.
(2)
Property maintenance. All property owners are responsible for the maintenance and upkeep of their properties and buildings. As a condition of approval, the Town Board or authorized official(s) may require a nonresidential development to provide a maintenance agreement as described in § 250-7.12.
(3)
Waste management. All receptacles for refuse and recycling shall be stored in a way that minimizes their view from public rights-of-way. Dumpsters shall be enclosed in a structure as approved by the Town Board or authorized official(s).
G.
Specialty district application required. Before any subdivision of land, changes in use or occupancy, alteration(s) of a building or site, installation of new or replacement signage occurs, a specialty district application shall be submitted to the Town of Penfield using the forms and instructions provided by the Department of Developmental Services. The Department of Developmental Services will review the application to determine the appropriate review and approval process.
(1)
Application fees are set forth in the Town's fee schedule, as adopted by the Penfield Town Board.
H.
Town Board review.
(1)
Town Board approval shall be required for the following:
(a)
Subdivision of land;
(b)
Site plan approval for construction of any new building;
(c)
Site plan approval is required for addition(s) to an existing building and/or construction of any accessory structure(s) that exceeds 200 square feet;
(d)
Site plan approval for site modifications that alter parking configuration, site access, pedestrian connectivity, lighting, or disturb more than 1,000 square feet of land;
(e)
Modifications to existing building facades that noticeably alter the building's exterior aesthetic appearance;
(f)
Issuance of a conditional use permit for a new occupancy that will result in a change in use classification per the NYS Uniform Code;
(g)
Installation of permanent signage in a new location and/or alteration or replacement of an existing sign's materials, size, design or location.
(2)
Public hearing required. A public hearing shall be conducted for any application that involves subdivision of land, site plan approval as outlined in § 250-5.10H(1), and/or any Town Board approval that requires variations from design standards or operational standards contained herein.
(3)
Authority to grant approval(s). The Town Board maintains unfettered discretion in the granting or denying of its approvals and may determine, on a case-by-case basis, if variations from design guidelines and/or operational standards are warranted to meet the purpose and intent of the Four Corners District. However, in all cases, the Town Board and authorized official(s) will ensure compliance with all applicable state and federal regulations and/or requirements.
I.
Administrative review.
(1)
Notwithstanding the provisions of § 250-13, administrative review may be conducted for the following:
(a)
Replacement of signage that is similar in size, location, and materials, with no significant change in the sign type or design elements (e.g., sign lighting). Temporary signage as described in Subsection E(5)(d) herein is subject to administrative review but may be referred to the Town Board for review and approval.
(b)
Replacement of dumpster enclosures with similar in-kind materials.
(d)
Parking lot repairs, resurfacing and restriping, with no change to configuration except for bringing the lot into conformance with local, state or federal regulations (e.g., ADA design standards).
(e)
Revised conditional use permit to reflect changes in property ownership.
(f)
Revised conditional use permit required for changes in building or tenant space occupancy that do not create a change in use classification per the NYS Uniform Code and have a similar intensity of use as the previous occupant (e. g., type of occupancy, parking needs, hours of operation, number of employees and customers, etc.).
(2)
Staff approval required. Any applications eligible for administrative review shall be reviewed and approved by the Director of Developmental Services and/or other authorized official prior to the Town's issuance of any revised conditional use permits or issuance of any other required permits or approvals (e.g., building permit, fire marshal approval or sign permit, etc.). Additionally, any administrative applications that include physical alterations of a site or building shall be reviewed and approved by the Town Engineer prior to the issuance of any other permits or approvals, including but not limited to building permits and sign permits.
(3)
Right to refer to Penfield Town Board. Any application eligible for administrative review may be referred to the Town Board at any time, at the discretion of the authorized official(s) reviewing the application.
§ 250-5.11 Mobile/Manufactured Home Parks (MHP).
A.
Purpose. It is the intent and purpose of this section to regulate the placement and maintenance of mobile/manufactured homes. It is also the intent and purpose of this section to regulate mobile/manufactured home parks to assure quality development and maintenance equal to that found in other types of residential areas throughout the Town of Penfield. Providing diversity in housing choice as well as greater opportunities for obtaining moderate-cost housing is also the desired objective. It is not the intent of this section to repeal or abrogate any part of the New York State Uniform Fire Prevention and Building Code, New York State Sanitary Code § 17, New York State Real Property Law § 233 or any other applicable rule, regulation or ordinance. The provisions of this section shall be enforced in addition to and in conjunction with the above-referenced provisions.
B.
Standards for mobile/manufactured homes.
(1)
No mobile/manufactured home manufactured after January 15, 1974, shall be used as a permanent place of abode or as a permanent or temporary dwelling, regardless of location, unless it bears the seal issued by the State of New York and required by the State Code for Construction and Installation of Mobile Homes. No such home manufactured after June 15, 1976, shall be used as a permanent place of abode or as a permanent or temporary dwelling, regardless of location, unless a seal is issued by the U.S. Department of Housing and Urban Development certifying that the mobile/manufactured home unit complies with the standards of the National Mobile Home Construction and Safety Standards Act of 1974, as amended.
(2)
Mobile/Manufactured homes shall not be located or permitted to remain in this municipality unless they:
C.
Installation requirements.
(1)
All mobile/manufactured homes, whether installed temporarily or permanently, shall require a building permit prior to installation.
(2)
Such homes shall be installed to the manufacturer's specifications, or, if not available, shall be installed in conformity with NCSBCS/ANSI, Manufactured Home Installations, and A225.1-1987, with revisions.
(3)
A mobile/manufactured home shall not be used as a permanent place of abode or as a permanent or temporary dwelling unless it is properly connected to a public water supply system approved by the Monroe County Water Authority and a municipal sanitary sewer system or a sewage disposal system approved by the Monroe County Health Department. All water and sewer systems shall be constructed in accordance with the Town of Penfield development regulations and specifications.
(4)
The area beneath all such homes shall be enclosed with a generally accepted exterior material. Such enclosure must be so constructed that it is subject to reasonable inspection.
(5)
Soils shall have sufficient bearing and stability properties to provide adequate support for such home installations and shall be of sufficient depth to sustain lawns, trees and other vegetation.
(6)
Entrance steps. Entrance steps shall be installed at all doors leading to the inside of the home. Such steps shall be constructed of materials intended for permanence, weather resistance, and attractiveness and shall be equipped with handrails, which will provide adequate support for users. Such stairs and steps shall also be required to comply with all other applicable code requirements.
(7)
All such homes shall be equipped with a U.L.-approved smoke detection device.
(8)
The home and lot on which the home is placed shall be maintained as required by § 250-7.11, Exterior property maintenance.
(9)
Such homes shall be located only in approved mobile/manufactured home parks, except that the Zoning Board of Appeals may issue a temporary permit for such home not located in a mobile/manufactured home park upon proof to such Board of special necessity. "Special necessity" shall consist of circumstances where such home will serve as an interim dwelling in the event that a permanent residence has been damaged or destroyed beyond conditions of habitability.
(a)
No such temporary permit shall be issued unless the following conditions have been met:
(b)
A temporary permit approved pursuant to this section shall be issued by the Town Clerk at a fee as required by resolution by the Town Board.
(c)
Extensions of three months each may be granted by the Zoning Board of Appeals, it being the intent of the Board that extensions should be granted only in unusual or emergency situations that require a brief extension only.
(d)
An application for a temporary permit shall be filed with the Town Clerk, and such filing fee shall be consistent with § 250-15.2 of this chapter.
(e)
The following are prohibited with respect to the temporary placement of such home:
[1]
Construction of a permanent foundation or enclosure thereunder.
[2]
Construction of any additions to provide extra floor space unless:
[a]
The Zoning Board of Appeals approves such addition; and
[b]
The additions are provided by or approved by the manufacturer and specifically designed for use with the mobile home; and
[c]
The addition complies with other provisions of this chapter and other applicable ordinances with respect to setback and similar matters; and
[d]
A building permit is issued for such addition.
D.
Existing mobile/manufactured home park requirements.
(1)
Applicability. This section shall apply only to mobile/manufactured home parks to which a license has been issued prior to the date of the adoption of this chapter and provided said license is in effect on said date.
(2)
All structures, including the installation of a mobile/manufactured home, shall require a building permit prior to installation.
(3)
Roadways.
(a)
Road construction. All newly constructed park roads shall be hard-surfaced roads not less than 16 feet in width. The park roads shall be paved with a concrete or bituminous material complying with the Town of Penfield development specifications for private roads.
(b)
All park roadways shall be graded, leveled and surfaced so as to permit the safe passage of emergency and other vehicles.
(c)
Maintenance of roadways. All private roadways within mobile/manufactured home parks, and all entrances and exits within said parks, shall be kept free of snow, ice and debris and maintained so as to permit unhampered use of the same by park residents, visitors and emergency vehicles. Street name signs shall be installed and maintained at all road intersections.
(d)
Lighting. All roads and facilities shall be furnished with outside lighting to ensure the safe movement of vehicles and pedestrians at night. The minimum requirements for such shall be a streetlight at the end of every street or private roadway, and at the intersection of each street or roadway, which shall be lighted from a period 30 minutes after sunset to 30 minutes before sunrise each day.
(e)
Each home lot within a mobile/manufactured home park shall abut on and have access to a private road used by the inhabitants of the park and built and maintained by the owner thereof. No home lot shall have direct access to a public street.
(f)
Parking. Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped in a nearby location to serve several mobile home sites.
(4)
Property maintenance.
(a)
All land areas shall be adequately drained and properly maintained free of refuse, garbage, rubbish, junk, unlicensed or junk vehicles, or debris.
(b)
The storage, collection, and disposal of refuse in the mobile home park shall be managed so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards, or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, provided in sufficient number and capacity to prevent refuse from overflowing or blowing away. Refuse shall be collected at regular intervals, but no less often than once per week.
(d)
Except for the areas used for the home, patio, sidewalk and off-street parking space, the entire remaining area of the home lots shall be landscaped and properly maintained.
(5)
Fire protection.
(a)
The park operator shall keep common areas of the parks free of litter, rubbish and other flammable materials.
(b)
It shall be the responsibility of the licensee of any mobile/manufactured home park to provide fire protection consisting of a hydrant or hydrants, and fire extinguishers in common buildings so located that the same shall be immediately available. Hydrants shall be flush tested annually, and such test shall be witnessed by the Fire Marshal. If the Fire Marshal is unavailable at the time of testing, he/she may allow the test to be completed in his/her absence. The results of such test shall be submitted to the Fire Marshal's office.
(c)
All fuel heating systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.
(6)
Utilities. All homes used as a permanent place of abode or as a temporary or permanent dwelling shall be required to be properly connected to the existing public water supply and sanitary sewer system.
E.
Additions to existing mobile/manufactured home parks.
(1)
Additions to mobile/manufactured home parks, or extensions of parks in districts zoned Mobile/Manufactured Home Park, shall require site plan approval from the Planning Board.
(2)
No structure within the addition to any mobile/manufactured home park shall be located closer than 80 feet to any exterior property line. All setbacks shall comply with the buffering requirements of § 250-7.2, Buffers, berms and screen plantings.
(3)
Minimum lot size. No lot added to an existing park shall be less than 5,000 square feet. All new lots therein shall have a minimum width of not less than 50 feet.
F.
Lot requirements for homes within existing parks.
(1)
Home placement.
(a)
Minimum setback requirements for homes shall be as follows:
[1]
Front yard setback: five feet (Front yard setback shall be measured from the road surface edge to the nearest vertical wall of the mobile home.).
[2]
Side yard setback: 10 feet from adjacent homes (five feet from accessory structures or buildings located on adjacent lots).
[3]
Rear yard setback: five feet from adjacent homes (five feet from accessory structures or buildings located on adjacent lots).
(b)
No new or used homes shall be moved onto any lot in any park after the adoption of this section, unless it shall comply with the aforesaid setback requirements. In order to ensure compliance with the setback requirements, a site inspection shall be completed by the Building Inspector prior to the issuance of a building permit for the installation of the home. Permits for such installations are to be issued to the owner of the mobile/manufactured home park, and only with his/her written approval. Said requirements shall not, however, impair or affect present and existing setbacks on homes presently on any lot in any park as of the date of the adoption hereof, provided the home was installed in conformance with the existing requirements at the time of installation.
(c)
Each home lot shall be provided with a stand that will give a firm base and adequate support for the home. Such stand shall have a dimension approximating the width and length of the home and any extensions or expansions thereto.
(d)
The park operator shall obtain a building permit prior to the placement or relocation of any existing or new home in the park.
(2)
Accessory structures.
(a)
Minimum setback requirements for accessory structures, including but not limited to awnings, cabanas, ramadas, carports, decks or porches, shall be as follows:
[1]
Front yard setback: five feet (Front yard setback shall be measured from the road surface edge to the nearest vertical wall of the structure.).
[2]
Side yard setback: five feet from homes or accessory structures or buildings located on adjacent lots.
[3]
Rear yard setback: five feet from homes or accessory structures or buildings located on adjacent lots.
(b)
As with the installation of a home, a site inspection shall be completed by the Building Inspector prior to the issuance of a building permit for the installation of the accessory structure. Permits for such construction are to be issued to the owner of the mobile/manufactured home park, and only with his/her written approval. Said requirements shall not, however, impair or affect present and existing setbacks on accessory structures presently on any lot in any park as of the date of the adoption hereof, provided the structure was installed in conformance with the existing requirements at the time of installation.
(3)
Accessory buildings.
(a)
Minimum setback requirements for accessory buildings (storage sheds) shall be as follows:
[1]
Front yard setback: 20 feet from the road surface edge.
[2]
Side yard setback: five feet from homes located on adjacent lots and five feet from accessory structures or buildings located on adjacent lots.
[3]
Rear yard setback: five feet from homes or accessory structures or buildings located on adjacent lots.
(b)
No new or used accessory building shall be moved onto any lot in any park after the adoption of this section unless it shall comply with the aforesaid setback requirements. In order to ensure compliance with the setback requirements, a site inspection shall be completed by the Building Inspector prior to the issuance of a building permit for the installation of the accessory building. Permits for such construction or installations are to be issued to the owner of the mobile/manufactured home park, and only with his/her written approval. No more than one accessory building shall be allowed on any one lot, and such building shall not exceed a total of 100 square feet of ground area. Said maximum size requirement is not intended to supersede park rules if they are more restrictive.
(c)
Said requirements shall not, however, impair or affect present and existing setbacks on accessory structures presently on any lot in any park as of the date of the adoption hereof, provided the structure was installed in conformance with the existing requirements at the time of installation.
G.
Requirements for new parks.
(1)
Applicability. This section shall apply only to mobile/manufactured home parks to which a license has been issued after the date of the adoption of this section.
(2)
General requirements.
(a)
All structures, including the installation of a home, shall require a building permit prior to installation.
(b)
Density. Average density in a park shall not exceed 7.5 units per acre. The park shall contain area sufficient to accommodate at least 150 home lots, plus recreational areas and streets as required by this chapter.
(c)
The corners of each lot shall be marked with surveyor's irons, and each vacant lot shall have address numbers installed. Numbers shall be installed on a post not to exceed five feet in height and no less than 20 feet and no more than 25 feet from the road surface edge. Numbers shall be Arabic in design and a minimum of five inches in height.
(d)
All land areas shall be adequately drained and properly maintained in conformance with the requirements of § 250-7.11, Exterior property maintenance.
[1]
The Town Engineer shall approve plans for the disposal of surface stormwater.
[2]
The Planning Board must approve the proposed method of garbage, waste and trash disposal.
[a]
The storage, collection, and disposal of refuse in the mobile home park shall be managed so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards, or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, provided in sufficient number and capacity to prevent refuse from overflowing or blowing away. Refuse shall be collected at regular intervals, but no less often than twice per week for common storage areas and no less often than once per week for individual roadside pickup.
(e)
All parks shall have one or more recreational areas, which shall be easily accessible to all park residents. The type and location of recreational facilities and open space shall be subject to approval of the Planning Board during site plan approval.
(f)
Community buildings.
[1]
Each park must have one or more central community buildings constructed and maintained in conformance with applicable state and local code requirements.
[2]
Each park shall have a building for the use of the operator distinctly marked "OFFICE." An illuminated map of the park shall be displayed at the office.
(g)
All parks shall have an area or areas set aside for storage usage by occupants of all the homes within the park. Said storage shall be ample to store such large items as boats, trailers, motorcycles and similar items. The storage area or areas referred to shall be fully screened or otherwise closed so as to be hidden from view. The size, type and location of storage areas shall be subject to approval of the Planning Board during site plan approval.
(3)
Roadways.
(a)
No home lot shall have direct access to a public street.
(b)
Park entrance and exit. There shall be no less than two park entrances and exits for use in ingress to and egress from the park. All entrances and exits shall be kept free of snow, ice and debris at all times and maintained so as to permit unhampered use of the same by park residents and visitors.
(c)
Each home lot within a park shall abut on and have access to a park road used by the inhabitants of the park and built and maintained by the owner thereof.
[1]
This road shall have a paved surface at least 20 feet in width from pavement edge to pavement edge and lead to and furnish ingress to and egress from a public street to controlled driveways, which shall not be less than 20 feet in width.
[2]
The park roads shall be paved with a concrete or bituminous material complying with the Town of Penfield development designs and construction specifications for private roads.
[4]
All such park roads shall be adequately lighted for the purpose of protecting vehicular traffic thereon and pedestrian use thereof.
(d)
In addition to the required off-street parking for each lot, the park shall provide and maintain paved off-street parking areas for guests of occupants. The number of additional parking spaces shall be equal to no less than 20% of the number of mobile/manufactured home lots. The number, size, type and location of parking areas shall be subject to approval of the Planning Board during site plan approval.
(e)
A concrete sidewalk conforming to the requirements of Section 7 of the Town of Penfield development design and construction specifications or a pedestrian traffic lane approved by the Planning Board shall be constructed and maintained adjacent to one side of every park road.
(4)
Landscaping.
(a)
Park plans shall show existing tree masses or trees over six inches in diameter at a four-foot height, hedgerows and other notable existing natural features such as streams or rock formations. Such natural features shall be retained in the site plan as much as possible.
(b)
A buffering area shall be maintained around the perimeter of each park as required by § 250-7.2, Buffers, berms and screen plantings.
[1]
The area shall not be a part of any home lot, as it shall be part of the common ground of the park.
[2]
Landscaping plans shall be subject to the approval of the Town landscape consultant. Plantings installed as part of the approved landscaping plan shall be maintained by the park manager in such a manner that the landscaping and planting shall not become unsightly or die.
(5)
Utilities. All utilities, such as sewer, water, fuel, electric, telephone and television antenna lead-ins, shall conform to the current recommendations of the authority having jurisdiction. Such utilities shall be buried to a depth specified by the authority having jurisdiction, and there shall be no overhead wires. Fire hydrants shall be provided and maintained as required by the Fire Marshal.
(6)
Signage. Advertising of the park on the premises shall be limited to one nameplate sign containing the park name, which plate shall not exceed 20 square feet, with lighting, heights and location as approved by the Building Inspector. A sign permit shall be required for such signage.
H.
Application for new park license.
(1)
An application for an original license for a mobile/manufactured home park shall be appropriately filed with the Town Clerk. No license for a mobile/manufactured home park shall be issued by the Town Clerk unless the Town Board has given written authorization in accordance with the provisions of this section.
(2)
Applications for mobile/manufactured home park licenses shall include but not be limited to all materials as may be deemed necessary, such as:
(a)
Name and address of each applicant, if an individual, or of each and every partner, if a partnership, or the name and address of the principal officers and shareholders, if a corporation.
(b)
The name and address of the developer and the description of the construction schedule and the construction cost.
(c)
Name and address of the owner of the land upon which the mobile/manufactured home park is to be located.
(d)
A legal description of the property upon which the mobile/manufactured home park is to be located.
(e)
Site plan drawings of the proposed mobile/manufactured home park approved by the Planning Board.
(f)
A copy of all park rules and regulations; a list of management and tenant responsibilities; a written statement of any fees to be used in connection with the use of any lot within the park.
(g)
Such further information as the developer may feel is necessary to describe his/her intent and ability to comply with the requirements of this chapter.
I.
Lot requirements for homes within new parks.
(2)
Accessory structures, including, but not limited to, awnings, cabanas, ramadas, carports, decks or porches, shall be considered to be part of the home for the purposes of all setback requirements.
(3)
Structures on site.
(a)
The lot may be occupied by one mobile/manufactured home, including its accessory structures, one accessory building and one carport. Minimum setback requirements for accessory buildings (storage sheds) shall be as follows:
(b)
No accessory building may be erected on any lot unless a building permit therefor has been obtained from the Building Inspector. Permits for such construction or structures are to be issued to the owner of the mobile/manufactured home park, and only with his/her written approval. Prior to the issuance of a building permit, a site inspection shall be completed by the Building Inspector. No more than one accessory building shall be allowed on any one lot, and such building shall not exceed a total of 100 square feet of ground area. Said requirements are not intended to supersede park rules if they are more restrictive.
(5)
Except for the areas used for the home, patio, sidewalk and off-street parking space, the entire remaining area of the lot shall be landscaped and properly maintained. At least two trees with a minimum diameter of two inches at the time of planting shall be planted and maintained on each lot.
(6)
A central fuel supply system, such as natural gas or a central LP system, shall serve each lot. No separate or private fuel containers, such as fuel oil tanks or LP tanks, used to supply fuel to a home or building appliances, shall be allowed in the park. This requirement shall not apply to twenty-pound LP tanks commonly used for outdoor barbecue grills.
(7)
The property owner will grant to the Town of Penfield an open space easement and permit the Town to have an easement to enter upon, as the grantee, any open space, street or recreational areas provided within the park, for the purpose of permitting the Town to inspect structures, make repairs or maintain as is necessary and appropriate to adequately maintain said areas in the event that the owner of said property, his/her successors or assigns fail to comply with the standards and requirements as set forth within this chapter.
J.
Park operation and maintenance.
(1)
Responsibilities of park operator.
(a)
The owner/operator to whom a license for a mobile/manufactured home park is issued shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities, equipment and utilities in good repair and in a clean and sanitary condition. In the event of a fire or other disaster that results in damage to any mobile home or homes located within the mobile/manufactured home park, the park owner/operator shall be ultimately responsible for the securing or removal of any and all damaged homes within 60 days of such event.
(b)
The park operator shall post a copy of this chapter in the manager's office and provide each park occupant with a copy of the same upon request.
(c)
The park operator, in addition to the Building Inspector or other authorized official, shall inspect the placement of each home on its stand.
(d)
The park operator shall maintain a register in the office of the park, indicating the name and address of each current resident of said park and the make, type and serial number of each mobile/manufactured home, and the date of arrival of each home on the premises. Such register shall be available to any person designated under Subsection K(1) of this section.
(e)
Each park shall have a building for the use of the operator distinctly marked "OFFICE." An illuminated map of the park shall be displayed at the office. The park owner shall designate a park manager on the premises or other representative in close proximity to the park to ensure the availability of emergency response actions in matters affecting the health, safety, well being and welfare of the park residents. The designated agent's name, address and telephone number shall be posted in a conspicuous location in the park, given in writing to each resident and registered with the Monroe County Sheriff and Fire Marshal.
(f)
The holder of every license pursuant to the provisions of this section shall file with the Town's Assessor and Building and Zoning Administrator, as required, a duly verified record of all homes located within said park on such date as established by the Assessor for the tentative tax date, together with the date such home first was permitted to be installed therein, and with the make, model, year and size of each of said homes.
(2)
Responsibilities of park residents.
(a)
Each park resident shall be responsible for the maintenance of his/her home and any appurtenances thereto, and shall keep all yard space on his/her lot in a neat and sanitary condition, free of unregistered or inoperable motor vehicles and in conformity with the requirements of § 250-7.11, Exterior property maintenance.
(b)
The park resident shall be responsible for the maintenance of all utility connections (water service, drains, electrical, fuel, etc.) inside the mobile home to the location at which such utility enters the mobile home.
(c)
Depending on the rules of the individual park, the park operator may provide all required site maintenance, including common areas.
K.
Enforcement; right of entry.
(1)
This section shall be enforced by the authorized official of the Town of Penfield, as may from time to time be necessary to ensure conformance with the provisions of this section.
(2)
Said official shall be authorized and have the right in the performance of his/her duties hereunder to enter any park and make such inspections as are necessary to determine compliance with this section. Such entrance and inspection shall be accomplished at reasonable times after prior notice to the park operator, and in emergencies, whenever necessary to protect the public health, safety and welfare. Owners, agents or operators of a park shall be responsible for providing access to all parts of the premises within their control to the authorized official or to his/her inspectors, acting in accordance with the provisions of this section.
L.
Duties of authorized official. It shall be the duty of any authorized official to make necessary inspections and to investigate all complaints made under this section and to request the Town Attorney to take appropriate legal action of all violations of this section.
M.
Preexisting nonconforming uses. Nothing in this section shall impair or affect the lawful use of property in any park which existed as of the date of adoption of this section or make illegal such use, provided that such use was in existence as of the date of the adoption hereof, and further provided that such use is uninterrupted and continuous hereafter.
§ 250-5.12 Mixed-Use Development District (MUD).
[Added 11-1-2017 by L.L. No. 3-2017; amended 3-29-2023 by L.L. No. 4-2023]
This section of the Town of Penfield Zoning Ordinance applies to properties zoned within the Mixed-Use Development District as depicted on the Town of Penfield Official Zoning Map.
A.
Purpose.
(1)
The purpose of the Mixed-Use Development District is to allow for the creation and construction of mixed-use developments within designated areas of the Town. All development shall comply with the following 10 principles of mixed-use development:
(a)
A mixture of complementary land uses to create economic and social vitality and encourage the linking of pedestrian and vehicular trips;
(b)
Flexible housing styles and building types;
(c)
Areas that are safe, comfortable, and convenient for pedestrians;
(d)
Flexibility in the siting and design to support future changes in land use;
(e)
Walkability within neighborhoods with walkways and trails that encourage pedestrian and bicycle travel;
(f)
Variety of goods and services within walking distance;
(g)
Efficient use of land with compact, clustered development;
(h)
Development that supports public transit where applicable;
(i)
Creation of public and private green space and/or protection of natural features; and
(j)
Transportation planning that encourages multimodal access.
(2)
Mixed-Use Development District Zones. The district is divided into three zones, Zone A, Zone B, and Zone C, to allow for development within the district to effectively blend with adjacent zoning districts and existing land development. The map depicting the zone locations is attached hereto,[1] contained in the Mixed-Use Development Manual, and available at the Town's Planning and Engineering Department.
(a)
The following outlines the distinctions among the zones:
[1]
Zone A is intended for areas that can support the highest development density and mixture of uses. In this area, vertical mixed-use buildings and/or connected horizontal mixed-use buildings are strongly encouraged to establish compact development patterns that create a village-like built environment. This zone has been designated in areas located at, or in close vicinity of, major intersections and along state and county roadways, and/or in proximity to existing development areas with signalized access.
[2]
Zone B is intended to provide a mix of residential building types with compatible nonresidential development. It is intended to be a less intense development pattern compared to Zone A, providing a transition between the most intensely compact development areas in the district and the adjacent zoning districts. In this district, the emphasis is on a mix of residential building types.
[3]
Zone C is intended to serve as the residential buffer to Zones A and B and does not permit any nonresidential development. To provide a transition to neighboring development and zoning districts, the residential development in this district is limited to single-family development, which may be clustered where appropriate.
(b)
For some design requirements, there may be zone-specific standards. Zone-specific development requirements and design standards are specified in the applicable sections of the district regulations.
[1]
Editor's Note: Said map is on file in the Town offices.
(3)
The Mixed-Use Development District regulations are in keeping with the principles and examples outlined in the Town of Penfield's 2023 Revised Mixed-Use Development Manual. The manual provides context and serves as a guidance document for future development in the district, providing development samples and best practices. In the event of a conflict between the guidance provided in the manual and the regulations contained in this section, the regulations contained in this section shall prevail.
B.
Permitted and conditionally permitted uses. The following uses are permitted or conditionally permitted in the Mixed-Use Development District.
(2)
Permitted nonresidential uses shall include the following uses below:
(b)
Retail, including, but not limited to:
(d)
Arts and recreation, including, but not limited to:
[1]
Art galleries;
[2]
Art studio;
[3]
Private gyms and athletic studios up to 5,000 square feet (e.g., Cross Fit®, yoga, Pilates, martial arts, and other group classes, etc.);
[4]
Private sports facilities up to 10,000 square feet (e.g., multisport complex, indoor pickleball courts, tennis clubs, swimming, etc.).
(3)
Conditionally permitted nonresidential uses. The following uses are conditionally permitted in the Mixed-Use Development District. Nonresidential uses shall be scaled as appropriate to be consistent with the size and location of a specific parcel.
(a)
Service, including, but not limited to, the following:
[1]
Bars, taverns, restaurants, or other dining establishments;
[2]
Hotels and bed-and-breakfast establishments;
[3]
Places of worship;
[4]
Child-care facilities, nursery and preschools, and nonprofit schools;
[5]
Nonresidential portion of dwelling units designed to provide live-work space;
[6]
Hospitals and nursing homes and other proprietary health care facilities subject to certificate of need (CON) through New York State Health Department;
[7]
Laundromat or dry-cleaning establishments.
(b)
Arts and recreation, including, but not limited to, the following:
[1]
Theaters (not including drive-in theaters), and other performance venues;
[2]
Bowling alleys, arcades, and other entertainment venues;
[3]
Museums, art studios, and other cultural uses;
[4]
Private exercise or athletic facilities exceeding 5,000 square feet;
[5]
Private sports facilities exceeding 10,000 square feet.
(d)
Other conditional uses. Notwithstanding the requirements set forth in § 250-3.1, the board having jurisdiction may consider a conditional use permit for other uses not specifically listed above but determined to have similar intensity of use and be compatible with the purposes of the Mixed-Use Development District. A conditional use permit shall not be issued to any explicitly prohibited use outlined in § 250-5.12.D.
C.
Accessory uses.
(1)
Uses that are accessory to an integral part of, and used solely by, the permitted or conditionally permitted use. Types of accessory uses include, but are not limited to, swimming pools and hot tubs, ancillary storage for residential or nonresidential uses, parks and recreation facilities, private and public active and passive recreational uses, multi-use trail systems, and residential support uses (such as private meeting rooms, private fitness rooms, on-site leasing or support offices). Accessory uses not provided as examples herein may be determined by the authorized official or board having jurisdiction over the application.
D.
Prohibited uses.
(2)
Indoor or outdoor storage businesses, not including storage facilities required as an accessory use;
(3)
Auto repair and auto wash, auto dealers;
(4)
Automotive and large equipment sales and leasing;
(5)
Industrial uses, laboratory and research facilities, light manufacturing, assembly, and fabrication;
(6)
Ground-mounted telecommunication towers located on private property;
(7)
Cannabis retail dispensary;
(8)
Tattoo shops;
(9)
CBD, tobacco, and/or vape store;
(10)
Firearm and ammunition sales;
(11)
Pawn shops and collateral loan brokers (as defined in NYS General Business Law § 47).
E.
Development requirements and design standards. Development requirements and design standards contained in the section provide a framework for development and redevelopment within the district and outline the standards for site and building layout and design. The information contained in the section is also summarized in the Mixed-Use Development Requirements and Design Standards Summary Table provided herein. During its review, the Planning Board may request an application, or a portion thereof, be referred to the Town's professional design consultants for technical review and advisory recommendations.
(1)
Mixture of uses. Development within this district shall provide a mix of uses located within the same project site and designed in an integrated manner. Proposed developments must include a mix of permitted residential use(s) and permitted and/or conditionally permitted nonresidential use(s). Accessory buildings and land uses shall not be calculated to meet the required nonresidential percentage requirements in Zones A and B, unless waiver is granted by the Planning Board, per the requirements in § 250-5.12H.
(a)
Maximum residential. Maximum residential density is based on the zone in which the units are located as provided below. Density calculations shall be based only on the developable land located within the project site boundary.
(2)
Dimensional requirements.
(a)
Maximum building height. Notwithstanding the definition of "building height," as defined in § 250-2.2, building height, as defined within this district, shall be measured from a building's grade plane to the top of the parapet with a flat roof and to the midpoint of a sloped roof. The following maximum heights are set for each zone:
(b)
Variations in building height and/or roof design. When multiple buildings are proposed within a proposed development site, buildings shall be designed with variations in the number of stories and/or roof lines.
(c)
Required setbacks.
[1]
Zone A. Minimum building setbacks shall be required to comply with fire and building codes.
[2]
Zone B. Minimum building setbacks shall be required to comply with fire and building codes. Additionally, a minimum fifty-foot setback is required from any parcel line bordering a property located outside of the Mixed-Use Development District.
[3]
Zone C. Minimum setbacks shall be required to comply with fire and building codes.
(3)
Architecture and building design. Building relationships in mixed-use developments are compact and efficient. Plans, facades, and architectural details should create visual interest at the street level. Blank facades should not be visible from streets or public spaces. Buildings should minimize shadowing and visual impacts to adjacent land uses.
(a)
Building location and orientation.
[1]
Orient buildings along both sides of street frontages so they serve to create enclosure of the sidewalks and public realm to promote outdoor rooms.
[2]
Orient buildings to be in close proximity to public rights-of-way and public spaces.
[3]
Locate buildings to create opportunities for usable open space like plazas and other gathering areas.
[4]
Orient sites vertically (vertical mixed use) within the same building or horizontally in adjacent buildings (horizontal mixed use).
[5]
Orient buildings to take advantage of natural light and existing views (skylights, view windows, clerestories, light shelves, and controlled lighting).
[6]
Key architectural elements should serve as focal points and promote wayfinding signage and sense of place.
[7]
Orient buildings so that entrances are well defined. Ideally, a street entrance would be oriented to the front of the building (street side), and a parking entrance would be oriented to the back of the building (facing the parking lot).
[8]
Provide separate and secure street access to residential units where commercial and residential are mixed.
(b)
Building scale and massing.
[2]
Massing.
[a]
Dormers, gables, eaves, and other projections may be used to break up architectural masses.
[b]
Street-facing building facades shall incorporate ground floor wall plane articulation and a mix of color and materials to break massing and create visual diversity.
[c]
Proportion, scale, materials, and color should be used to manage visual mass and bulk.
[d]
Canopies, arcades, and galleries may be used to break masses and create visual interest along ground floor commercial uses.
[e]
Building corners can be defined by unique architectural elements to serve as focal points (e.g., towers, columns, porticos, etc.).
(c)
Building facade design.
[1]
Any building facade facing a sidewalk, street, or open space shall have an active building elevation. Active building elevations shall include fenestration (windows, doors, openings) and other architectural features. Building facades shall not contain blank areas that exceed 25 lineal feet.
[a]
Zone A. The length of a building facade shall not exceed 80 feet before the building plane is interrupted with a recess/projections and vertical elevation change. Recesses/projections and vertical elevation changes shall be at least eight inches and shall be reinforced by material changes. Recesses/projections shall extend a minimum of eight feet in length. The total maximum length of a building elevation shall not exceed 260 feet.
[b]
Zone B. The length of a building facade shall not exceed 40 feet before the building plane is interrupted with a recess/projection and elevation change. Recesses/projections and elevation changes shall be eight inches minimum and shall be reinforced by material changes. Recesses/projections shall extend a minimum of eight feet in length. The total maximum length of a building elevation shall not exceed 140 feet.
[c]
While there are no building square footage size limitations, the following maximum square footage of an individual nonresidential occupancy is provided to guide the Planning Board in its review of proposed development.
(d)
Accessory structure design.
[1]
For single-family, two-family, townhomes and rowhouses, and detached accessory structures, such as swimming pools, hot tubs, sheds, sports structures, and similar, shall be subject to the following limits:
[a]
They must be accessory to a principal use, on the same lot as the structure or on common land owned by a homeowners' association or other development entity.
[b]
Only one of each accessory type shall be permitted per dwelling unit.
[c]
Total square footage of the accessory structures shall not exceed 25% of the total lot size.
[2]
For all other uses, accessory structures shall be consolidated to the greatest extent practicable and located in a way that minimizes their visual impact on the overall development and neighboring properties.
[3]
Accessory structures shall be located on the same parcel as the building they are intended to serve.
(4)
Pedestrian and bicycle amenities.
(a)
Sidewalk and trail design.
(b)
Sidewalks shall be installed along all roads, both public and private, and shall connect to front building entrances, parking areas, central open space, and other pedestrian destinations. Sidewalks shall also be included to connect common areas, parking areas, open space, and recreational facilities within the mixed-use development.
(c)
Clear and direct routes from on-site parking to a building entry and public sidewalk system shall be provided. Crosswalks through parking areas shall be designed to enhance visibility of the pathways and the pedestrians using them.
(d)
Nonresidential development located along road frontages shall provide sidewalk access.
(e)
All mixed-use developments shall comply with the dimensional requirements for sidewalks that are set forth in Subsection E(4)(a)[1] and [2] above.
(f)
All mixed-use developments shall designate and design multi-use walkways and trails in accordance with Subsection E(4)(a)[3] above.
(g)
Outdoor bicycle parking or indoor bicycle storage shall be provided for each occupied building on-site, except for single-family, two-family and townhomes where garages are provided. Bicycle racks shall be located close to building entrances and adjacent to public plazas and other public gathering areas.
(5)
Parking.
(a)
Shared parking is required within all mixed-use developments. The minimum number of parking spaces for a mixed-use development will be evaluated independently based on a site plan and the nature of uses within the development. In instances when the proposed parking has been identified as a concern, the Planning Board may require the applicant to submit a parking study that utilizes the methodology of the Urban Land Institute (ULI) Shared Parking Report or the Institute of Transportation Engineers (ITE) Shared Parking Guidelines.
(b)
Parking lots shall be located and buffered in order to reduce visual impacts. Parking lots should be arranged behind buildings whenever possible.
(c)
On-street parking shall be permitted and encouraged along new roads within the proposed mixed-use development.
(d)
Adjacent properties abutting the Mixed-Use Development District shall be adequately screened from parking structures and lots.
(e)
Parking provided to the general public shall be designated and clearly marked to the extent practicable.
(f)
The size and number of accessible parking spaces for each development shall meet the New York State Building Code and federal standards, as amended or changed. In any case where the requirements conflict, the more restrictive standard shall apply.
(g)
Private parking spaces, garages, or other covered parking spaces shall be provided for single-family detached or semidetached, townhouses, or other similar housing. Visitor parking shall be included as shared parking with other adjacent land uses.
(h)
Parking layout shall demonstrate adequate snow storage to the satisfaction of the Town Engineer and provide for snow removal when necessary. Rows of parking shall incorporate islands with shade trees and/or plantings at least every 20 parking spaces.
(6)
Open spaces, public and private. Vibrant mixed-use developments require a balance between the built environment and open spaces available for enjoyment of residents, employees, visitors and users. The differentiation between public and private open spaces is outlined in the definitions contained in § 250-2.2 (see "open space, private" and "open space, public"). The amount of open space required for an overall project may vary based on the proposed development's building designs, site layout and intended uses.
(a)
General open space provisions that apply to all open space are as follows:
[1]
Public open space must be included in the site design to ensure sufficient access for community members who do not live or work within the development.
[2]
Lawns, planted areas and hardscaped areas along private drives may be calculated as open space.
[4]
Stormwater facilities may be calculated as open space if the Planning Board determines they are connected, provide pedestrian amenities, and are designed to serve as a visual feature.
[5]
Public space shall be provided adjacent to habitable/occupied structures and be accessible via clearly defined connections.
[6]
The proposed site plan shall clearly delineate between public space and private open space.
[7]
Orient public open spaces along primary circulation paths (vehicular and pedestrian), and at intersections, whenever possible.
[8]
Integrate public open space with adjacent commercial spaces whenever possible.
[9]
Publicly accessible buildings may not be calculated as public open space.
[10]
Play areas, playgrounds and other recreational spaces and equipment are encouraged near proposed residential development.
(b)
Private open space.
[1]
Any private open space provided in a proposed development shall be clearly labeled as such on the final approved plans.
[2]
Outdoor spaces designed for use and enjoyment exclusively by the residents or occupants of a proposed development shall be adequately identified for users through signage, fencing or other design features.
(7)
Landscaping. All development within this district requires a landscape plan depicting the number, type and configuration of landscaping elements, including, but not limited to, lawns, plantings and hardscape features. The proposed features shall conform to the Town of Penfield's design and construction specifications and adequately provide the green space needed to balance the site plan as determined by the Planning Board and/or the Town's landscape consultant.
(a)
The level of landscape and hardscape detail should reflect the unique character of each mixed-use development. Plantings should provide visual interest throughout all four seasons to sustain a vibrant, appealing landscape. Landscape design should consider the scale and mass of a building and its relationship to the street and neighboring properties.
(b)
Landscape design shall include native plantings found in Upstate New York. Plantings shall be low maintenance and suitable for the four-season climate.
(c)
Mature trees shall be preserved and integrated into the project design unless proven to be unfeasible.
(d)
The Town may refer the review of the landscape plan to the Town's landscape consultant.
(e)
All plantings along plowed or salted roads and trails shall be salt-resistant species.
(f)
Landscape features shall be maintained in perpetuity, unless removal is approved by the Town. The maintenance of landscape features shall be included in the property maintenance agreement.
(8)
Site furnishings.
(a)
Site furnishings, such as benches, bike racks, fencing, decorative water features, banners, sculptural elements, and similar elements should be included in every proposed development.
(b)
Site Furnishing Implementation.
[1]
Site furnishings shall be clearly labeled on the site plans for each development.
[2]
All street furniture, including, but not limited to, benches, bollards, and waste receptacles, should be consistent and complementary with the architectural style and scale of the buildings that are part of the proposed development.
[3]
Decorative trash and recycling receptacles should be provided in the publicly accessible areas adjacent to nonresidential portions of the development.
[4]
Benches and informal seating areas shall be located adjacent to trails and sidewalks, unless provided near recreational open space or facilities.
[5]
All outdoor seating areas shall leave at least five feet of unobstructed pedestrian space.
[6]
Graffiti-and skateboard-resistant design elements and materials shall be used to reduce the potential for vandalism.
[7]
Areas designated for pet use shall be equipped with complementary amenities (e.g., disposable bag dispenser and refuse containers).
(9)
Lighting.
(a)
All site plan applications shall include a lighting and photometric plan for review and approval.
(b)
Site lighting shall be complementary for each parcel within the development.
(c)
Lighting fixtures shall be coordinated to provide a consistent design. Freestanding light poles shall be no more than 16 feet in height as measured from ground level to the top of the fixture and be located and shielded to prevent glare on any adjacent sites.
(d)
Parking lot lighting shall be dark-sky compliant. Decorative building lighting and landscape lighting are encouraged if the proposed design will not adversely impact residences in the development or adjacent properties.
(e)
Streetlighting at the intersections of public rights-of-way shall be provided in accordance with existing Town of Penfield's design and construction specifications and exempted from the sixteen-foot height limit.
(f)
Pedestrian-scaled lighting shall be provided on sidewalks, trails and gathering areas located near occupied buildings within the proposed development.
(g)
Lighting design shall consider adjacent developments to encourage compatible design elements and improve visual transition from one development to the next.
(h)
The following attributes shall be included:
[1]
In lower-density development areas within the district and areas adjacent to parcels outside of the Mixed-Use Development District, lighting plans shall include a schedule for light dimming and utilize low-power luminaires. The final approved plan shall include the approved hours of operation for light fixtures.
[2]
Manage light pollution by installing cut-off light fixtures that direct light down.
[3]
Include lighting along roadways and within mixed-use developments for safety and security.
[4]
Pole lighting design should be based on the intent of nearby uses within the development.
[5]
Use LED light sources, to the greatest extent possible, throughout developments.
(10)
Signage. Although the scale of development within this district may vary, the Town of Penfield encourages each developed project area and future redevelopment to include attractive, high-quality signage. To the extent practicable, cohesive, complementary signage design should be encouraged to enhance the aesthetic appeal of the district.
(a)
The Planning Board has the discretion to review proposed signage associated with each development application. Notwithstanding the requirements of Town Code Chapter 250, Article X, the following standards shall apply within this district:
[1]
Any new development or significant redevelopment requires a separate submission containing a detailed sign package showing all site and building-mounted signage associated with the proposed development.
[2]
Freestanding and building-mounted signs should complement the aesthetic theme of the building(s) and/or use(s).
[3]
The size, graphics, font(s) and color selection(s) should maximize readability and minimize visual clutter. The following standards shall apply.
[a]
Freestanding signage shall be no more than 20 feet in height and monument style. All monument signs shall be landscaped.
[b]
Freestanding signage located near roadways shall be located to reduce sight-distance conflicts.
[c]
Tenant identification signs shall be consistent in color, size and font and shall be designed to provide for future replacement without leaving damage to the signage substrate.
[4]
Where deemed appropriate, lit signs should be well designed and fit the aesthetic of the development. Lighting shall be high-efficiency, dark-sky compliant and installed with timers, if required in the Town's approval. Wall-mounted signage for multitenant buildings should minimize visual clutter through consolidated signage or individual signs that are sized and spaced consistently along the building face. The use of building sign bands that are integral with the architecture to organize multiple tenants' signage is encouraged.
(b)
Signage mounted inside windows shall not block the view into or out of the interior space and shall not exceed 25% of the window glazing.
(c)
The number of for-sale, for-lease and similar vacancy signage shall be limited to one freestanding sign per development entrance, with a maximum of 32 square feet. Tenant space window signage shall be subject to the limits set forth above in § 250-5.12E(10)(b).
(11)
Universal design. The Town encourages buildings and outdoor spaces to incorporate universal design elements to enhance accessibility and use.
(12)
Loading, storage, and trash disposal.
(a)
All loading areas and loading docks shall be located to the side and rear of buildings. Outdoor storage or display of materials is not permitted overnight.
(b)
Trash disposal areas shall be located within buildings or within an opaque screened area that hides the trash receptacle(s) and is located to the side or rear of a building.
(c)
Trash receptacles, loading areas, and mechanical equipment shall be located away from public spaces and screened by architectural building features, fencing, and landscaping to minimize negative impacts.
(d)
Bins for trash and recycling shall be shared among users to minimize the number of enclosures throughout the development.
F.
Hours of operation. Business establishments within the Mixed-Use Development District shall be permitted to operate from 6:00 a.m. to 12:00 midnight on a daily basis. Based on the intensity of use and its potential impact on the neighboring area, the Town may modify the hours of operation as part of the process of granting a conditional use permit.
Mixed-Use Development Requirements and Design Standards Summary Table | |||
|---|---|---|---|
Requirements | Zone A - Core Mixed Use | Zone B - Residential Mixed Use | Zone C - Residential Buffer |
Percentage of Nonresidential Development Required | A minimum of 20% of habitable/occupied square footage shall be nonresidential permitted or conditionally permitted uses. | A minimum of 10% of habitable/occupied square footage shall be nonresidential permitted or conditionally permitted uses. | Not applicable. Nonresidential permitted or conditionally permitted uses are prohibited. |
Residential Dwelling Units (DU) Density | Maximum 20 units per acre | 10 units per acre | 1 unit per acre, clustering encouraged |
Minimum Open Space | 20% | 20% | Not applicable |
Maximum Nonresidential Occupancy Size | 25,000 square feet per use/occupancy | 7,500 square feet per use/occupancy | Not applicable |
Maximum Building Height | 4 stories or 60 feet | 3 stories or 50 feet | 2 stories or 40 feet |
Setbacks | Minimum building setbacks required to meet fire and building codes | Minimum building setbacks required to meet fire and building codes | Minimum building setbacks required to meet fire and building codes |
Landscape Buffer | No landscape buffer required | Minimum 50-foot landscape buffer from adjacent residential land uses | No landscape buffer required |
Parking Requirements | Shared parking required; on-street parking permitted | Shared parking required; on-street parking permitted | Off-street parking (i.e., driveway) adjacent to dwelling |
G.
Application review and approval process.
(1)
New development or significant redevelopment. The Planning Board has purview over any applications for subdivision of land, site plan review and/or revised site plan review. The following outlines the required steps in the application process. During its review, the Planning Board may request an application, or a portion thereof, be referred to the Town's professional design consultants for technical review and advisory recommendations.
(a)
Preapplication meeting. Prior to submitting any application to the Planning Board, applicants/developers shall meet with the Planning and Engineering Department staff to evaluate the proposed development to ensure conformance with applicable district regulations. Upon the determination that the proposed development can meet the district's requirements and design standards, the staff will provide applicants with the necessary application instructions and forms.
(b)
Concept review. Applicants may request a conceptual review with the Planning Board prior to preparing a sketch plan application. This optional review is intended to be a resource for applicants to refine concepts prior to sketch plan application submissions. The review of, and discussion about, an applicant's concept would occur during Planning Board work session meetings. The Planning Board would provide informal feedback; no formal action will be taken in response to a concept review.
(c)
Sketch plan application. A sketch plan application is a required step in the Planning Board review process for all new developments. Applicants shall submit their applications with conceptual site plans and building designs. The sketch plan applications are subject to public hearings to receive community feedback on the proposed development. Comments and feedback from the sketch plan meeting will be captured in a formal memo to the applicant.
(d)
Preliminary/Final Site Plan and/or Subdivision of Land Application. The final step in the review process is a preliminary/final site plan application, which may also include a subdivision or resubdivision of properties, if needed. Building on the feedback and guidance provided in the sketch plan phase, applicants shall prepare their submission(s) with the necessary forms and engineered plans as required in the site plan and subdivision standards set forth in Chapter 250 of the Penfield Town Code. Drawings and plans shall conform to the Town's design and construction specifications, as amended or changed.
(e)
Conditional uses. The Planning Board issues any conditional use permits required within a proposed development as part of the site plan review process.
(2)
Change of use. For existing structures located within the Mixed-Use Development District, the following outlines the regulations for changes in use, occupancy, operation, or ownership.
(a)
Administrative staff review and approval.
[1]
Eligibility. Applications shall be reviewed and approved by Town staff in the Building and Zoning Department when at least one of the conditions below have been met.
[a]
In-kind changes in use (new occupancy is proposed in space previously occupied by similar occupancy or operation).
[b]
Changes in use that do not alter the intensity of land use or parking requirements as determined by the Code Enforcement Official.
[c]
Existing building or tenant space is changing ownership and/or operator. The requirement for a new fire safety inspection will be determined as part of the administrative review.
[d]
Replacement of existing signage that is consistent in type and design as previously approved building-mounted and/or freestanding signage.
[2]
Application for change of use shall be submitted to the Town Building Department.
(b)
Board approval required.
[1]
The Planning Board shall be responsible for reviewing all applications for subdivision of land, site plan, revised site plan, and all signage applications not eligible for administrative review as described in § 250-5.12G(1)(d) above. Initial conditional use permit applications also require Planning Board approval.
[2]
The Zoning Board of Appeals shall be responsible for reviewing subsequent conditional use permit applications proposed in existing buildings located in this district.
H.
Planning Board waiver.
(1)
The regulations in this district were created to encourage high-quality, well-configured developments. In the review process, there may be occasions when flexibility in the development requirements and design standards is needed to achieve a better development. To that end, the Planning Board has the ability to waive requirements for specified project elements, as described herein. As part of its waiver review, the Planning Board must consider, and include in its evaluation, the following:
(a)
Impact to the character of the proposed development site and adjacent properties;
(b)
The scale or extent of waiver being requested as part of the application;
(c)
Impact on physical or environmental conditions;
(d)
The impact on the project's overall viability or success; and
(e)
The likelihood the project can proceed without the granting of the requested waiver(s).
(2)
Any requests for Planning Board waiver must be expressly addressed in the application utilizing the forms and/or process prescribed by the Town.
(3)
In considering requests for waiver, the Planning Board may require an applicant to provide market studies, connectivity analysis, assessment of existing and planned development within the district, and/or other supplemental information to support the request.
(4)
The following waivers may be considered by the Planning Board for the categories and thresholds provided below.
(a)
Building heights. The Planning Board may consider buildings that exceed the maximum height for the applicable zone, but not the maximum number of stories.
(b)
Setbacks and buffer. Any adjustments may be considered by the Planning Board, if they serve the overall project design and adequately buffer adjacent land uses. Minimum fire separations required by NYS Uniform Code must be maintained, unless a New York State variance is granted.
(c)
Mix of uses. Minimum percentage requirements for nonresidential as follows:
[1]
Zone A. Up to 5% of the required nonresidential square footage may be calculated using proposed residential support uses, such as clubhouses, residential community rooms, community kitchen and dining areas, fitness rooms, and leasing offices. Hallways, lobbies, mechanical rooms, storage spaces and similar are not considered residential support uses.
[2]
Zone B. Up to 2.5% of the required nonresidential square footage may be calculated using proposed residential support uses, such as clubhouses, residential community rooms, community kitchen and dining areas, fitness rooms, and leasing offices. Hallways, lobbies, mechanical rooms, storage spaces and similar are not considered residential support uses.
(d)
Maximum nonresidential occupancy. Maximum nonresidential square footage for medical, institutional and/or municipal uses in Zones A and B may be exceeded.
(e)
Building facade design. The facade design requirements may be waived if the Planning Board determines the applicant's building design sufficiently meets the spirit of the district and incorporates materials and design elements that create an attractive visual effect.
(f)
Open space, if the Board finds that the proposed design provides adequate open space areas to support the proposed uses on-site.
(g)
Bicycle storage for each building, if the Board finds that sufficient bike parking is provided on the overall site.
(h)
Sidewalk and trail design requirements. Variation may be permitted in areas located outside of dedicated rights-of-way if the applicant's submission demonstrates sufficient, effectively designed pedestrian connections.
(i)
Number and design of parking spaces, if the applicant's submission demonstrates that proposed parking is adequate for the development.
(j)
Lighting: deviations from the lighting regulations when the overall design of the plan would be enhanced or in cases where state or federal standards dictate lighting requirements for a specific use or user (e.g., banks).
(k)
Signage. The Planning Board may consider changes in height, size or location of signs. A waiver may not be granted to approve any signs that are prohibited.
(l)
Drive-through lanes. Drive-through lanes may be permitted during the site plan review process if the applicant demonstrates it is required for successful business operation or to meet industry standards. Drive-through lanes shall be oriented to the rear or side of buildings. Efforts must be made for the design to diminish potential vehicular pedestrian conflicts. The design should diminish negative impacts upon the public realm of street frontages.
(m)
Hours of operation. Hours may be adjusted as long as they conform with applicable state and county limits, if any apply.
(n)
Zone boundaries. Any adjustment may be considered by the Planning Board if:
[1]
The proposed changes serve the overall project design and meet the goals of the district and intended purpose of the respective zone(s);
[2]
Provide adequate buffer to adjacent land uses;
[3]
The proposed boundary change shall result in similar distribution of zone percentages;
[4]
The applicant's requested changes only apply to properties actively under review; and
[5]
The request does not create or add new zones to the parcel(s) under review.
(5)
Unless eligible for waiver and approved during the site plan review process, as expressly provided for in § 250-5.12H(1), projects shall conform with the development requirements and design standards unless the application receives the necessary variances(s) from the Zoning Board of Appeals.
(a)
For any Planning Board application requiring a variance application to the Zoning Board of Appeals, the Planning Board shall provide a memo to the Zoning Board of Appeals outlining any issues or concerns that should be considered.
I.
Easements and land use restrictions.
(1)
The following easements shall be reviewed by the Town of Penfield and filed with Monroe County Clerk's office.
(a)
Continuation of trails where they leave the property shall be provided and filed with the Monroe County Clerk's office.
(b)
Cross-access between adjacent uses and properties as depicted on approved plans.
(c)
Shared parking as depicted on approved plans.
(d)
All Town-dedicated facilities as required by the Town Engineer and/or Town Attorney.
(e)
Any other required Town easements associated with an approved development.
(2)
When required by the Planning Board as part of the site plan approval for a specified development project, designated public space and open space shown on an approved plan shall be deed restricted from future subdivision and development and filed with Monroe County. If demolition and reconstruction of an entire existing development is proposed, the deed restriction may be removed upon the written approval by the Penfield Town Board and necessary filings by the Town Attorney.
J.
Transportation improvement district. In addition to any transportation mitigation required through the State Environmental Quality Review Act, applicants shall comply with the requirements of any future transportation overlay district(s) created by the Town of Penfield once adopted.