Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents

§ 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:
(1) 
Rural Agricultural District RA-2.
(2) 
Conservation Residential District CR-2.
(3) 
Rural Residential District RR-1.
(4) 
Residential District R-1-20.
(5) 
Residential District R-1-15.
(6) 
Residential District R-1-12.
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.
C. 
Permitted uses. The following uses and their accessory uses shall be permitted in all single-family residential use districts:
(1) 
One single-family dwelling unit per lot.
(2) 
Customary agricultural operations.
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) 
One tool, garden or utility shed or storage building.
(5) 
One private swimming pool.
(6) 
Tennis, basketball and/or volleyball courts, subject to the provisions of § 250-12.2 of this chapter, and recreational ramps, subject to the provisions of § 250-7.22 of this chapter, and approved by the authorized official.
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) 
Horse stables.
(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 Town Board. Prior to authorizing the Town Clerk to issue the conditional use permit, the Town Board shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the Town Board 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 Town Board, 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.
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.
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, 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
250 Setbk Requirements.tif
(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 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.
(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.
(a) 
Sheds shall have a maximum size of 192 square feet or 1% of gross land area, whichever is greater.
(b) 
The minimum rear setback shall be 10 feet. Any accessory storage building greater than 300 square feet shall be placed 50 feet or more from any property line.
(c) 
Sheds 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) 
Tennis, basketball and/or volleyball courts, subject to the provisions of § 250-13.2 of this chapter, and recreational ramps, subject to the provisions of § 250-7.22 of this chapter, and approved by the authorized official, 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.

§ 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:
(1) 
Apartment houses, multiple dwellings, and other similar developments.
(2) 
Two-family structures.
(3) 
Proprietary health care facilities.
(4) 
Accessory uses which are designed as an integral part of and for the exclusive use of the development and deemed appropriate by the authorized official.
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:
(1) 
Townhouses as defined in this chapter.
(2) 
Accessory uses which are designed as an integral part of land used exclusively by the development and deemed appropriate by the authorized official, such as maintenance buildings and clubhouses.
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.
(g) 
Lot width, area, and setbacks for apartment development shall comply with the requirements of such development as set forth in § 250-5.2D of this chapter.
(h) 
Lot width, area, and setbacks for commercial development shall comply with the requirements of such development as set forth in § 250-5.5D 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.
(4) 
Site plan and subdivision approval requirements shall be consistent with the regulations of Articles XI and XII of this chapter.
(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) 
At any time when the specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct use, process or product, the authorized official, consulting with the Zoning Board of Appeals, may require application to be made to that Board for a special use permit, at which time the Board 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.
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 A(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.
(2) 
Upon a determination by the authorized official that any business or 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 Town Board. Prior to authorizing the Town Clerk to issue the conditional use permit, the Town Board shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the Town Board 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 Town Board, 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.
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, an application for a special use permit must be made to the Zoning Board of Appeals. Prior to authorizing the Town Clerk to issue a special use permit, the Zoning Board of Appeals may require the correction of any and all phases of the operation which have become detrimental, or are liable to become detrimental, to the neighborhood.
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 business or 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 Town Board. Prior to authorizing the Town Clerk to issue the conditional use permit, the Town Board shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the Town Board 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 Town Board, 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.
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) 
At any time when the specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct use, process or product, application must be made to the Zoning Board of Appeals for a special use permit, at which time the Board 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.
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 business or 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 Town Board. Prior to authorizing the Town Clerk to issue the conditional use permit, the Town Board shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the Town Board 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 Town Board, 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.
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) 
At any time when the specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct use, process or product, application must be made to the Zoning Board of Appeals for a special use permit, at which time the Board 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.
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) 
Structures adjoining nonresidential districts.
[1] 
Structures proposed to be utilized for limited industrial, hotel or office purposes within the Limited Industrial District shall be located no closer to a nonresidential district than:
[a] 
Front setback: 100 feet.
[b] 
Side setback: 50 feet.
[c] 
Rear setback: 50 feet.
[2] 
In the case of corner lots, the one-hundred-foot minimum front setback shall be provided along each road frontage.
(b) 
Structures adjoining residential districts.
[1] 
Structures proposed to be utilized for limited industrial, hotel or office purposes within the Limited Industrial District shall be located no closer to a residential district than:
[a] 
Front setback: 150 feet.
[b] 
Side setback: 150 feet.
[c] 
Rear setback: 150 feet.
[2] 
In the case of corner lots, the one-hundred-fifty-foot minimum front setback shall be provided along each road frontage.
(c) 
Other dimensional requirements relating to adult uses and adult entertainment establishments are not governed by this Subsection C(3), but rather are governed by Subsection C(5).
(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.
[7] 
Parking requirements shall be consistent with those set forth in § 250-7.7 of 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.

§ 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:
(a) 
To ensure that development and land use activity along the shoreline of Irondequoit Bay is consistent with the policies and objectives of the Town of Penfield's Local Waterfront Revitalization Program (LWRP).[1]
[1]
Editor's Note: See Ch. 232, Waterways.
(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.
[2]
Editor's Note: See Ch. 255, Zoning, Incentive.
(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.
(f) 
Signage shall be subject to the requirements of Article X of this chapter.
(g) 
Parking of vehicles shall be subject to the provisions of § 250-7.9 of this chapter.
(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.
(j) 
Dumpsters enclosed and located no closer than 10 feet to any lot line and subject to site plan review and approval by the Town Board in accordance with the provisions of § 250-14.2 of this chapter.
(k) 
Fishing piers, wharfs and boat launching ramps are structures subject to all applicable state and local regulations and approvals and subject to approval by the Town Board in accordance with the provisions of Subsection E of this section.
(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.
[1] 
Commercial and multifamily: 40 feet.
[2] 
Townhomes: two stories or 35 feet, whichever is less.
(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:
[1] 
Commercial uses:
[a] 
Five spaces per 1,000 square feet of gross floor area.
[b] 
Dimensions for single parking space: nine feet by 18 feet.
[c] 
Fire lane width: 25 feet minimum.
[2] 
Residential uses:
[a] 
Townhouse or attached single-family dwellings: two spaces per dwelling unit.
[b] 
Apartments, condominiums and multifamily: two spaces per dwelling unit.
[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.
(3) 
A coastal assessment form (CAF) completed by the applicant and processed in accordance with Chapter 232, Part 1, Waterfront Consistency Review.
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).

A. 
Purpose. The purpose of the Four Corners District (FC) is to recognize the unique nature of this historic area of the Town and to help preserve and enhance the long-established community or "Village Center" character of Penfield and to further the goals and recommendations of the Four Corners Plan. The FC District regulations include special design features and controls that provide incentives to achieve a compatible mixture of residential and business uses, to provide buffer screening and landscaping to separate uses of different intensities, to encourage the shared use of access and parking areas, to improve traffic flow and safety, and to make more compatible use of available land areas.
B. 
Special provisions.
(1) 
In order to achieve the purposes specified herein, the Town shall employ additional standards and controls designed to:
(a) 
Encourage a compatible mix of residential, retail, business, service and public uses.
(b) 
Provide adequate buffers and landscaping to visually separate residential uses from adjacent business and service uses.
(c) 
Preserve and protect the integrity of the historic and other resources that help create the character of the Four Corners.
(d) 
Encourage shared access to enhance traffic flow and safety.
(e) 
Encourage shared use and controlled linkages of off-street parking areas.
(f) 
Create alternative shared access points to off-street parking areas from Penfield Road and Five Mile Line Road.
(2) 
Notwithstanding any language to the contrary expressed in this section, no building permit shall be issued for development within the FC District without the applicant first securing a conditional use permit from the Town Board pursuant to the standards of § 250-13.4, as amended and final site plan approval in accordance with procedures set forth in Article XII and compliance with all conditions and requirements as may be set forth by the Town Board as well as any other board or authorized official having jurisdiction.
(3) 
Subdivision approval requirements shall be consistent with the regulations of Article XI of this chapter, except as otherwise provided in this section.
(4) 
Upon a determination by the authorized official that any business or conditional use originally permitted within the FC 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 Town Board. Prior to authorizing the Town Clerk to issue the conditional use permit, the Town Board shall ensure that the applicant satisfies the Town's standards and requirements of this section. As part of this process, the Town Board 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 Town Board, 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.
C. 
Permitted uses. The Four Corners District shall have no permitted uses as of right. Those uses existing at the time of the effective date of this chapter shall be permitted to continue to operate at their current level of activity. Any increase in the level of activity of said uses shall be subject to review and approval by the Town Board.
D. 
Conditional uses. The following uses are conditionally permitted:
(1) 
Retail shops.
(2) 
Sit-down/take-out restaurants.
(3) 
Convenience stores.
(4) 
Barber shops and hair salons.
(5) 
Offices for licensed professions, such as attorneys, architects, designers, dental and medical, engineers, insurance agents, etc.
(6) 
Banks.
(7) 
Gasoline service without vehicle repair.
(8) 
Churches and similar religious facilities.
(9) 
Schools having a curriculum approved by the Board of Regents of the State of New York.
(10) 
Commercial schools providing instruction in such areas as art, music, dance and business.
(11) 
Photographic studios and art galleries.
(12) 
Senior living facilities.
(13) 
Proprietary health care facilities.
(14) 
Residential structures containing no more than four dwelling units.
(15) 
Combinations of conditionally permitted business and residential uses.
(16) 
Commercial off-street parking lots and garages.
(17) 
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 D(1) through (16) to be compatible with the purposes of the FC 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.
E. 
Accessory uses: uses accessory to the above that are an integral part of and used solely by the conditionally permitted use and deemed appropriate by the Town Board or authorized official, as the case may be.
F. 
Minimum dimensional requirements.
(1) 
Lot area. The minimum lot size shall be that needed to accommodate the necessary structure and comply with this chapter, as well as all other Town requirements.
(2) 
Lot coverage. There shall be no specific lot coverage requirements for this district. The intent of the district is to encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land and to facilitate the adequate and economic use of streets, utilities and parking areas. The Town Board shall determine the lot coverage on a case-by-case basis. In cases where shared or parking available to the general public is proposed, greater lot coverage will be encouraged and less green space or landscaped areas required. In cases where shared or parking available to the general public is not proposed, less lot coverage and additional landscaping may be required.
(3) 
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the Four Corners District shall be located closer than 30 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 thirty-foot minimum front setback shall be provided along each road frontage. Notwithstanding any provisions contained in this chapter to the contrary, the Town Board shall have the power to modify applicable provisions of this Subsection F(3) with regard to setbacks for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land and to facilitate the adequate and economic use of streets and utilities. A buffer area of at least 50 feet shall be provided along the boundary line between the Four Corners District and any residential zoning district.
(4) 
Floor area. As a guideline, structures should be erected having no more than 5,000 square feet of floor area. Notwithstanding, the foregoing language, this guideline shall be flexible and the Town Board, in its discretion, shall have the power to modify the square footage to ensure that it is properly scaled to the site, the adjacent properties and to the properties within the Four Corners District. No structure shall exceed two stories or 35 feet in height, whichever is less.
G. 
Hours of operation. Business establishments within the Four Corners District shall be open to the public only between the hours of 6:00 a.m. and 12:00 midnight; however, based upon the intensity of the proposed use and its potential impact on neighboring areas, the Town Board may modify the hours of operation as part of the process of granting a conditional use permit.
H. 
Parking facilities. The applicant shall be responsible for ensuring that adequate parking facilities (either on- or off-site) to accommodate the needs of the proposed business are available as set forth in §§ 250-7.7 and 250-7.8 of this chapter. No conditional use permit shall be granted by the Town Board until it is satisfied that the proposed parking arrangements will adequately support the proposed use.
I. 
Design regulations.
(1) 
The Four Corners Plan has identified the sharing of access and off-street parking areas, including the elimination or consolidation of curb cuts and controlled linkages between existing and proposed off-street parking areas, as priority objectives. The FC District Design Regulations are intended to achieve these objectives and shall supersede regulations where conflicts occur, but replace the site design regulations specified elsewhere in this chapter. The joint use or sharing of ancillary site features, including, but not limited to, off-street parking, loading, access, lighting, landscaping and signage, is encouraged within the FC District. The Town Board shall evaluate the potential for joint or shared use of such facilities in all development actions within the FC District. Any written agreement, including amendments or modifications, granting or providing shared or joint use of facilities or access thereto by two or more owners shall be approved by the Town Board as a condition of development authorization.
(2) 
Off-street parking and access.
(a) 
Shared off-street parking for employees may be located off-site, provided that such parking spaces shall not be located more than 1,500 feet from the nearest entranceway to the building(s) where the employees work.
(b) 
Shared access shall be encouraged for all sites within the FC District.
[1] 
Such access may be provided either by:
[a] 
One common driveway serving two or more sites having sufficient width for two vehicles to safely pass; or
[b] 
Two common driveways with alternate one-way traffic flows to and from a public street.
[2] 
Shared access shall also be reviewed on an individual basis to determine the feasibility of that proposed hereinabove.
J. 
Signage. Signs shall comply with § 250-10.26, Four Corners signage, of this chapter.
K. 
Review. No Town Board determinations with respect to varying setback requirements or granting or denying conditional use permits shall be subject to administrative review under this chapter; but rather, shall be subject to judicial review as provided by law.

§ 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:
(a) 
Conform to all applicable federal construction and safety standards in force at the time of manufacture;
(b) 
Are in sanitary condition; and
(c) 
Are structurally sound, particularly with respect to the safety and welfare of their occupants.
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:
[1] 
The home complies with all other applicable requirements.
[2] 
The home complies with all the required setbacks for principal structures of the applicable zoning district.
[3] 
The permit applicant agrees to remove the home within six months from the date of issuance of the temporary permit.
(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.
(g) 
All homes and home lots shall be provided with address numbers in conformity with the requirements of § 250-7.21, Property numbering.
(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.
(c) 
All areas shall be maintained as required by § 250-7.11, Exterior property maintenance.
(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.
(e) 
Outside storage of vehicles and materials shall comply with § 250-7.20, Outside storage and display, Subsection D, Residential zoning districts. Additionally, the parking of any vehicles on any park road shall be prohibited except for emergency and municipal vehicles.
(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.
[3] 
The operation of motor vehicles on such park roads within a mobile/manufactured home park shall be subject to the provisions of the New York State Vehicle and Traffic Law.[1]
[1]
Editor's Note: See also Ch. 220, Vehicles and Traffic.
[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.
(3) 
An application shall be filed with the Town Clerk and such filing fee shall be consistent with § 250-15.2, Fees.
I. 
Lot requirements for homes within new parks.
(1) 
Minimum requirements for lots shall be as follows:
(a) 
Lot area per dwelling unit: 6,000 square feet.
(b) 
Front yard setback: 20 feet from pavement edge.
(c) 
Side yard setback: 10 feet from lease line.
(d) 
Rear yard setback: 15 feet from lease lines.
(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:
[1] 
Front yard setback: 30 feet from pavement edge.
[2] 
Side yard setback: five feet from lease line.
[3] 
Rear yard setback: five feet from lease line.
(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.
(4) 
Each new home site shall have off-street parking in accordance with § 250-7.7 of this chapter.
(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.