Richmond Town City Zoning Code
ARTICLE IV
District Regulations
§ 200-11 Schedule of district regulations.
§ 200-12 A Residential/Agricultural District.
Intent. The intent of having the A Residential/Agricultural District is to provide an area where rural residential land uses can coexist with agriculture. Agricultural or farm activities are the preferred land use in this District and shall be encouraged above all others. Nonagricultural or non-agriculturally-supportive uses are secondary. New development shall be located and designed in a way that has the least negative impact to farms, agricultural or farm activities, farmland of statewide importance, and prime farmlands. The controls are intended to permit natural development to take place; encourage the continuation of agricultural activities; reduce land conflicts; and preserve open spaces and natural resources. It is intended that the rural character of the area be maintained.
[Amended 1-11-2022 by L.L. No. 1-2022]
Permitted principal uses.
Agricultural activities and structures.
Single-family dwellings.
Professional offices, provided that such professions and activities are carried on in a residence by a member of the family occupying such residence; home occupations.
Proprietary care facilities; bed-and-breakfast operations, provided that an adequate means of septic disposal is available.
Day-care centers approved by the New York State Department of Social Services.
Cemeteries.
Public parks and public recreation areas operated on a not-for-profit basis.
Mobile homes on individual lots as temporary dwellings while permanent structures are being built (renewable permit).
Premanufactured modular homes with full perimeter frost-free foundations.
Any other use which is deemed by the Zoning Board of Appeals as being in the nature of and compatible with permitted principal uses in this district.
Permitted accessory uses.
Private garages, for not more than three vehicles owned by the occupant, with no provision for repairing or servicing vehicles for profit.
Customary accessory structures, provided that they are located to the rear of the principal structure, have a minimum rear setback of five feet and have a maximum floor area of 200 square feet.
Earth stations (dish antennas), windmills, and ground-mounted, freestanding, rooftop- and building-mounted solar energy systems. See § 200-50 for additional regulations.
[Amended 9-11-2018 by L.L. No. 6-2018]
Swimming pools, tennis courts and the like.
Ponds, minor structures and other similar functional or nonfunctional amenities.
Signs, subject to other provisions in this chapter.
Fences, subject to other provisions in this chapter.
Mobile homes: limit one mobile home per lot; for accessory use by immediate family member or farm employee; all density standards must be met; site plan approval required; location on lot should be appropriate, given topographical situation, soils, proximity to other buildings and location of water and septic system; off-street parking must be provided for the dwelling.
Special permit uses. The following uses require a special use permit:
Two-family dwellings, provided that they do not alter the residential character of the neighborhood.
Multiple-family dwellings, subject to other provisions of this chapter.
Kennels, subject to other provisions of this chapter.
Schools, churches and religious uses.
Commercial broadcast and commercial personal wireless service towers and antennas.
Sawmill operations.
[Amended 12-11-2007 by L.L. No. 2-2007]
Excavation and mining.
Essential services.
Large-scale solar energy systems.
[Added 9-11-2018 by L.L. No. 6-2018]
Agricultural tourism activities that comply with all other applicable governmental laws and regulations, including, but not limited to, the Richmond Town Code, the New York State Health Department, the New York State Liquor Authority, and the New York State Department of Agriculture and Markets.
[Added 10-9-2018 by L.L. No. 7-2018]
Culinary tourism activities that comply with all other applicable governmental laws and regulations, including, but not limited to, the Richmond Town Code, the New York State Health Department, the New York State Liquor Authority, and the New York State Department of Agriculture and Markets.
[Added 10-9-2018 by L.L. No. 7-2018]
Additional provisions and requirements.
Proper screening and buffering shall be required between different land uses when deemed appropriate by a reviewing board.
The Honeoye Wetlands Area is considered to be integrally linked to groundwater supply.
Single-unit dwellings shall be restricted to one dwelling unit per lot of record.
Temporary mobile home permits shall be renewable every six months for a maximum two-year period. Permits shall only be renewed if obvious substantial progress is being made toward completion of the permanent dwelling. Substantial progress shall be measured in three phases. The first phase shall constitute completion of the foundation, including a cap. The second phase shall consist of framing and complete enclosure. The third phase shall constitute completion of the building.
Area and lot sizes.
Area and lot size are to be determined by the Density Schedule located at the end of this chapter.
Lot design. The minimum lot width is considered to be the distance between side lot lines measured along the front building line of the lot. The fifteen-foot minimum road frontage permits flag-type lots. Adequate emergency vehicle access must be provided prior to the issuance of any building permits in this district.
§ 200-13 B Residential District.
Intent. The B Residential District consists of lands adjacent to and directly upland from Honeoye Lake. The intent of this district is to provide for the location of moderate-density single-family dwellings of a seasonal and year-round nature, and their traditional accessory uses. This district is intended to permit conversions of seasonal dwellings to year-round units and to preserve the recreational value of the lake.
Permitted principal uses.
Single-family dwellings, seasonal and year-round.
Public recreation facilities including boat launches, parks, fishing access points, etc.
Private beaches and boat access sites.
Rental: seasonal cottages with common lake access and recreational facilities.
Premanufactured modular homes with full perimeter frost-free foundations.
Permitted accessory uses.
Private docks, wharves and boat hoists.
Floating platforms and boat moorings.
Minor accessory structures for storage of equipment and vehicles.
Bunk houses, not to exceed 200 square feet.
Signs, subject to other provisions of this chapter.
Fences, subject to other provisions of this chapter.
Additional provisions and requirements.
All structures anchored to lands located underwater must conform to appropriate state regulations. This includes docks, piers, moorings and swimming platforms.
For lots which abut the Honeoye Lake shoreline, rear setback requirements shall apply to the distance from the mean water level to the rear of the structure.
Any new construction in this district shall conform to any applicable floodplain regulations.
Single-unit dwellings shall be restricted to one dwelling unit per lot of record.
[Added 9-8-2015 by L.L. No. 12-2015]
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
§ 200-14 C Residential/Recreational District.
Intent. The intent of the C Residential/Recreational District is to provide an area for low-intensity recreational and large-lot residential land uses for both seasonal and year-round use.
Permitted principal uses.
Agricultural activities and structures.
Single-family dwellings.
Seasonal and recreational dwellings.
Home occupations.
Roadside stands for the purpose of marketing agricultural products produced on the parcel.
Mobile homes on individual lots as temporary dwellings while permanent structures are being built (renewable permit).
Premanufactured modular homes with full perimeter frost-free foundations.
Permitted accessory uses.
Barns, sheds and other minor ancillary structures.
Fences, subject to the provisions of this chapter.
Signs, subject to the provisions of this chapter.
Earth stations (dish antennas), and ground-mounted, freestanding, rooftop- and building-mounted solar energy systems.
[Amended 9-11-2018 by L.L. No. 6-2018]
Ponds, buffers and functional or nonfunctional amenities.
Mobile homes: limit one mobile home per lot; for accessory use by immediate family member or farm employee; all density standards must be met; site plan approval required; location on lot should be appropriate, given topographical situation, soils, proximity to other buildings and location of water and septic system; off-street parking must be provided for the dwelling.
Special permit uses. The following uses require a special use permit:
Profit and not-for-profit recreation areas.
Sawmill operations.
[Amended 12-11-2007 by L.L. No. 2-2007]
Essential services.
Commercial broadcast and commercial personal wireless service towers and antennas.
Campgrounds, subject to other provisions of this chapter.
Excavation and mining.
Event centers, subject to applicable provisions of the Town Code.
[Added 10-9-2018 by L.L. No. 8-2018]
Additional provisions and requirements.
There shall be no storage of any material in such a manner which will facilitate the breeding of vermin or endanger the public health in any way.
Off-street parking facilities shall be required for all dwellings.
Preservation of open space and natural vegetation shall be encouraged.
All building permit applications will require additional information to determine whether a project site should be considered environmentally sensitive.
Lot design. The minimum lot width is considered to be the distance between side lot lines measured along the front building line of the lot. The fifteen-foot minimum road frontage permits flag-type lots. Adequate emergency vehicle access must be provided prior to the issuance of any building permit in this district.
Single-unit dwellings shall be restricted to one dwelling unit per lot of record.
[Added 9-8-2015 by L.L. No. 12-2015]
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
§ 200-15 D Residential/Lakeside District.
Intent. The D Residential/Lakeside District consists of lands adjacent to Honeoye Lake, bounded on the east by East Lake Road, bounded on the south by southern boundaries of lots bordering the south side of Oxford Street and bounded on the north by the northern boundary of the lots bordering the north side of Buckingham Street. The intent of creating this district is to encourage the creation of moderate-density single-family dwellings of a seasonal and year-round nature, limited accessory uses, increased lot sizes and improved infrastructure and physical amenities with the intent of providing a lake-oriented residential community.
Permitted accessory uses.
Docks, wharves and boat hoists.
Boat moorings and floating platforms; storage facilities.
Minor structures for storage of equipment.
Fences.
Patios, decks and similar structures.
Earth stations (dish antennas) and rooftop- or building-mounted solar energy systems. See § 200-50 for additional regulations.
[Amended 9-11-2018 by L.L. No. 6-2018]
Garages.
Additional provisions and requirements.
All structures anchored to lands located underwater must conform to appropriate state regulations. This includes docks, piers, moorings and swimming platforms.
For lots which abut the Honeoye Lake shoreline, rear setback requirements shall apply to the distance from the mean water level to the rear of the structure.
Any new construction in this district shall conform to any applicable floodplain regulations.
Since it is the intent of this district to encourage the creation of larger lots from those predating this chapter (lots 20 feet by 50 feet), all regulations governing nonconformance in other sections of this chapter shall not apply and, further, all issues governing nonconformance shall be governed by special regulations identified as applying specifically and only to this district.
Single-unit dwellings shall be restricted to one dwelling unit per lot of record.
[Added 9-8-2015 by L.L. No. 12-2015]
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
Special district regulations.
Any lot which exists at the time of the adoption of this chapter which is a substandard lot but singly and separately owned and located adjacent to one or more substandard lots which are commonly owned shall be required by this chapter to consolidate said lots for the purpose of obtaining a building permit for construction of any structure thereon.
Any substandard lot singly and separately owned at the time of the adoption of this chapter may be granted a building permit and may be exempt from variance requirements, except where a substandard lot singly and separately owned at the time of the adoption of this chapter is smaller than 30% of the established minimum lot size of this chapter. Percentages shall be calculated on the basis of the square footage of the lot sizes.
No unlicensed or unregistered motor vehicles, motor vehicle parts, unusable equipment or junk, equipment scrapped for parts or trash shall be parked or stored except in permitted accessory use garages or storage building and containers.
No building materials shall be accumulated or stored external to permitted storage buildings or garages except that which is to be used for approved construction on the property of storage within three months.
All fires shall be supervised, shall be contained in suitable structures such as metal rings, steel barrels, rock or masonry walls or fine-mesh metal and shall be totally extinguished prior to being unattended. No fires are permitted in roadways or adjacent shoulders.
Harboring or maintaining of farm animals, including but not limited to horses, cattle, hogs, chickens, ducks, sheep, donkeys and mules, shall be prohibited. Rabbits shall be kept in suitable enclosures. Dogs and cats shall be provided with suitable food and shelter.
Nonconforming uses.
Intent and continuance. Except as otherwise provided for in this section, the lawful use of buildings or properties existing at the date of the adoption of this chapter may be continued. It is the intent of this article that all nonconforming uses shall not be enlarged upon, expanded or extended except in conformance with this chapter. The following provisions shall apply to all nonconforming uses and lots in the D Residential/Lakeside District.
Nonconforming lots.
A nonconforming lot shall not be further reduced in size; however, a nonconforming lot shall be permitted to be enlarged upon, expanded or extended in conformance with the regulations of this district as long as the result shall be a less nonconforming lot than currently exists at the time of the adoption of this chapter. Subject to the special regulations governing this district, a single-family dwelling and customary accessory structures may be erected on a single lot of record at the effective date of this chapter.
This provision shall apply, subject to the regulations of this district, even though such lot fails to meet the requirements for area or width, or both.
Abandonment. In any district where a nonconforming use of land or structure, or part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not be thereafter be reestablished. For the purpose of this section, it is assumed that a use has been discontinued if:
Restoration and alterations.
Any building damaged by fire or other unintentional causes to the extent of more than 75% of its true value shall not be repaired or rebuilt except in conformity to this chapter.
Nothing herein shall prevent the strengthening or restoring to a safe condition of any wall or roof which has been declared unsafe by the Code Enforcement Officer or Town Board.
Normal maintenance and repairs shall be permitted; provided, however, that they do not extend the area, volume or space occupied by the nonconforming use.
Any nonconforming building may be reconstructed or structurally altered to an extent that such alterations do not exceed 50% of the true value of the building or unless said building is changed to conform to the requirements of this chapter.
Prior construction or designated use of a structure for which a permit has been duly granted before the adoption of this chapter may be continued.
Certification of nonconformance. After the effective date of this chapter and upon the written application of the owner of record of any structure or parcel of land, the Code Enforcement Officer may issue a certificate of nonconformity. It shall be the duty of the applicant to provide sufficient documentation and other reasonable proof required by the Code Enforcement Officer to demonstrate that the structure or parcel of land became nonconforming upon the effective date of the law and solely because of the adoption of the law. Said certificate shall include a full description of the existing use, location of all structures and property boundaries. Copies of said certificate shall be maintained by the Code Enforcement Officer.
§ 200-16 E Business District.
Intent. The intent of creating the E Business District is to provide the public with seasonal and year-round retail and service trade facilities in appropriate locations; to provide business and employment opportunities; and to broaden the tax base.
Permitted principal uses.
Stores and shops for conducting a seasonal or year-round retail business, excluding uses regulated elsewhere in this section as special uses.
Rental and repair services, excluding auto repair and appliance service and repair establishments which shall be a special use.
Personal and professional services.
Restaurants, carry-out restaurants and coffee shops.
Banks, public buildings, mass transit terminals and theaters.
Laundromats.
Multiple-family dwellings.
Any other business deemed by the Zoning Board of Appeals to be of the same general character as uses permitted in the district.
Permitted accessory uses.
Off-street parking and loading areas, subject to provisions of this chapter.
Signs, subject to the provisions of this chapter.
Fences, subject to the provisions of this chapter.
Residential uses in conjunction with a principal permitted use, provided that the dwelling area is not located on the street level of the structure.
Earth stations (dish antennas) and rooftop- or building-mounted solar energy systems. See § 200-50 for additional regulations.
[Amended 9-11-2018 by L.L. No. 6-2018]
Ponds, minor structures and other similar functional or nonfunctional amenities.
Special permit uses. The following uses require a special use permit:
Motor vehicle service stations including gasoline filling stations with or without repair services as part of the operation and public garages pursuant to conditions identified in this chapter; auto repair services pursuant to conditions identified in this chapter.
Churches and religious uses.
Bed-and-breakfast establishments and rooming houses; proprietary care facilities; day-care centers.
Leisure recreation establishments.
Businesses with on-site consumption of alcoholic beverages.
Mobile home parks, pursuant to conditions identified in this chapter.
Essential services.
Junkyards, pursuant to conditions identified in this chapter.
Commercial broadcast and commercial personal wireless service towers and antennas mounted in existing structures.
Appliance service and repair, car wash, dry cleaning, furniture stripping, photographic processing and printing establishments, pursuant to conditions identified in this chapter.
Additional provisions and requirements.
No business structure shall be located within 50 feet of the boundary of any residential zoning district.
To the greatest extent feasible, all new construction and facade alterations shall be harmonious with existing business structures in the area. Signs should be of uniform style in both lettering and design. Clear, legible directional signing shall be encouraged.
Outdoor display of merchandise shall be permitted, provided that pedestrian and vehicular accessways are kept unobstructed.
A means of ingress and egress to rear parking areas shall be provided if adequate parking is not otherwise available.
Any rear setback of less than 15 feet shall have a buffer area along the rear lot line.
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
§ 200-17 F Industrial District.
Intent. The F Industrial District is the general industrial area of the Town. The intent of creating this district is to provide for growth and development of established enterprises and to provide area for new industrial uses which will provide employment opportunities and expand the local tax base. Regulations are intended to protect environmentally sensitive areas which are located in the district.
Permitted principal uses.
Customary and ordinary industrial and manufacturing operations.
Warehouses for enclosed storage of goods and materials, distribution centers, wholesale business and prefabrication industries.
Research and development laboratories; customary professional support services; professional offices.
Retail commercial businesses; lease and repair businesses.
Administrative offices; banks.
Agricultural activities and structures.
Any other use deemed by the Zoning Board of Appeals to be of a similar nature, provided that they are designed and arranged so as to prevent noxious gases, fumes, dust, odors, smoke or noises from being discharged beyond the property limits of such operation, or chemical constitutes from being discharged into any watercourse or wetland area.
Permitted accessory uses and structures.
Off-street parking and loading, subject to provisions of this chapter.
Signs, subject to the provisions of this chapter.
Fences, subject to the provisions of this chapter.
Ponds, structures and other functional and nonfunctional amenities.
Earth stations (dish antennas), and rooftop, building-mounted or ground-mounted small-scale solar energy systems.
[Amended 9-11-2018 by L.L. No. 6-2018; 1-11-2022 by L.L. No. 2-2022]
Special permit uses. The following uses require a special use permit:
Hotels and motels.
Restaurants, including fast-food and drive-ins.
Auto repair services, auto body repair services and auto service stations.
Banks with drive-in teller services.
Commercial logging and sawmill operations, provided that machinery is operated within an enclosed structure.
Prohibited uses which are a minor part of the total manufacturing process, provided that public health, safety and welfare and drinking water sources are adequately protected.
Essential services.
Commercial broadcast and commercial personal wireless service towers and antennas mounted on existing structures.
Appliance service and repair, car wash, dry cleaning, furniture stripping, photographic processing and printing establishments.
Motor vehicle service stations (including gasoline filling stations with or without repair services) and public garages.
Adult uses. The special use permit shall automatically expire after two years unless renewed. The Planning Board shall be authorized to extend this time period upon a showing of good cause.[1]
[Added 3-10-2009 by L.L. No. 2-2009]
[1]
Editor's Note: Former Subsection D(12), Large-scale solar energy systems, added 9-11-2018 by L.L. No. 6-2018, which immediately followed this subsection, was repealed 1-11-2022 by L.L. No. 2-2022.
Prohibited uses.
The manufacture of explosives, asphalt, bottled gas, coke, poisons, pesticides, herbicides, insecticides, rendering, glue; business which is involved with the disposal or use of animal carcasses; fur farms; incineration plants; hide tanning; smelting; blast furnaces; soap making; the manufacture, disposal, storage or processing of hazardous or radioactive materials, substances and/or waste; and other similar businesses or industrial operations which could be potentially harmful to life, adjacent property or water supply sources.
Additional provisions and requirements.
Landscaping shall be encouraged and buffering from all adjacent residential uses shall be required.
Ingress and egress control to site. Combined points of access shall be encouraged.
No principal or accessory structures shall be located within 50 feet of the nearest boundary of any residential district or environmentally sensitive areas.
Environmental reviews pursuant to SEQR must address, among other issues, potential short- and long-range impacts on any environmentally sensitive areas and impact on municipal water supply facilities.
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
§ 200-18 G Commercial/Light Industrial District.
[Amended 9-11-2018 by L.L. No. 6-2018; 12-23-2025 by L.L. No. 3-2025]
Intent. The intent of creating the G Commercial/Light Industrial District is to promote the planned establishment of new businesses in groupings of an appropriate mix which complement each other. This is provided for by a flexible set of development controls intended to permit expansion of the local tax base and creation of new jobs and serve the retail and light industrial needs of the area while preserving natural features and safeguarding environmentally sensitive areas as defined by state and federal agencies. Limited access to county and state highways shall be encouraged in this district.
Permitted principal uses.
Professional office buildings.
Executive offices.
Research and development laboratories.
Agricultural.
Production and assembly operations, provided that such uses are conducted entirely within an enclosed building and do not produce side effects which are considered to be a nuisance to adjacent property owners or tenants.
Public buildings.
Membership clubs.
Any other use deemed by the Zoning Board of Appeals to complement a permitted use or deemed to be of the same general nature of uses permitted in the district.
Attached dwellings.
Group dwellings.
Multiple-unit dwellings.
Single-unit dwellings.
Two-unit dwellings.
Apartment dwellings.
Permitted accessory uses.
Off-street parking and loading, subject to provisions of this chapter.
Signs, subject to the provisions of this chapter.
Fences, subject to the provisions of this chapter.
Earth stations (dish antennas), and ground-mounted, freestanding, rooftop- and building-mounted solar energy systems.
Ponds, structures and other functional and nonfunctional amenities.
Private garages.
Sheds and other minor ancillary structures.
Home occupations.
Special permit uses. The following uses require a special use permit. In determining whether to grant special use permits in the G Commercial/Light Industrial District the Zoning Board of Appeals shall consider the following: traffic generation impacts, drainage, buffers, internal traffic flow, general character of the vicinity, adequacy of off-street parking facilities, general impacts on the natural environment and project design. These special uses may also be conditioned upon factors identified in Article IV or any other factors which protect the public health, safety and welfare.
Large-scale retail stores.
Structures consisting of units intended for stores or shops which conduct retail sales or personal services.
Restaurants.
Factory outlet stores operated in conjunction with a permitted use.
Gasoline filling stations with or without repair services.
Hotels and motels.
Warehouses and trucking terminals.
Essential services.
Commercial broadcast and commercial personal wireless service towers and antennas.
Large-scale solar energy systems.
Additional provisions and requirements.
No structure shall be placed within 100 feet of the nearest boundary line of any residential district and shall be shielded from such district by appropriate landscaping.
All uses permitted in the district shall set aside at least 20% of their lot for seeding, plantings, retention of tree cover and general landscaping.
Any incidental storage out of doors shall be shielded from view from public streets and adjacent property and off-street parking areas by fencing, landscaping or other appropriate measures.
The underground placement of utilities serving uses in this district shall be encouraged.
Environmental reviews shall be performed as required by SEQR and other appropriate state environmental regulations.
All development in the G Commercial Light Industrial District requires an archaeological survey or approval of a waiver of said survey by the New York State Department of Environmental Conservation, Region 8.
Area and lot sizes are to be determined by the Density Schedule located at the end of this chapter.
§ 200-18.1 H Municipal Parks and Open Space District.
[Added 3-12-2019 by L.L. No. 1-2019]
Intent. The intent of the H Municipal Parks and Open Space District is to preserve, conserve and protect the native and man-made recreation areas throughout the Town to ensure their continuation as parks, recreation areas, scenic vistas, and open space. It is intended that this district will provide open space for a variety of uses such as conservation of native amenities, aesthetics, hiking, wildlife habitat, and park and recreation facilities among other similar uses. The Municipal Parks and Open Space District shall be applied only to land owned by the Town of Richmond.
Permitted principal uses and structures.
Municipal park and open space uses, which include the retention of land in its natural state or the provision of such uses which are compatible with the native state and the native environment, including but not limited to walking and hiking trails, nature trails, aim to rehabilitate land to its native state, and manage the land for native species.
Facilities, structures, and uses that are designed for indoor and/or outdoor park, recreation, educational, and sport activities that enhance the public use of parks and open space.
Waterfront uses, which include but are not limited to beaches, fishing facilities, boat ramps, walking and hiking trails, and pedestrian bridges.
Maintain existing agricultural practices, including but not limited to the harvesting of hay crops, in accordance with the New York State Agriculture and Markets Law.
Additional provisions and requirements.
Preservation and/or establishment of native flora or fauna in this district shall be encouraged.
Facilities, structures, and uses that are designed for indoor and/or outdoor park, recreation, educational, and sport activities that enhance the public use of municipal parks and open space are subject to site plan review by the Planning Board.