A.
Districts.
The following use districts, which are delineated on the Official
Zoning Map of the Town of Penfield, are hereby established:
B.
Purposes.
The above districts are established to meet the following purposes:
(1)
Rural Agricultural District RA-2. The purpose of the Rural Agricultural
District is to assure a proper economic and physical environment for
continued agricultural use of land; to maintain an open rural character
to viable agricultural areas; to assure compatible types and densities
of development on lands within and adjacent to the Northeastern Monroe
County Agricultural Use District; and to assure low densities of development
in areas without sanitary sewers.
(2)
Conservation Residential District CR-2. The purpose of the Conservation
Residential District is to limit development so as to preserve and
protect the unique and sensitive features that characterize the areas
of the Town adjacent to Irondequoit Bay. In order to achieve this
purpose, residential uses will only be permitted at very low densities.
(3)
Rural Residential District RR-1. The purpose of the Rural Residential
District is to provide a transition or buffer area between agricultural
and suburban areas of Penfield.
(4)
Residential Districts R-1-12, R-1-15 and R-1-20. The purpose
of these Residential Districts is to maintain the residential character
of the district. The districts are to provide for residential uses
at suburban standards.
D.
Accessory
uses. The following accessory uses are permitted in all single-family
residential districts when located on the same lot as a permitted
use, subject to the conditions of this section:
(1)
One in-law apartment.
(a)
Prior to the use of such apartment as an in-law apartment, the
owner must obtain a building permit. In-law apartments may be occupied
only by members of the family unit occupying the main part of the
dwelling or by in-laws of a member of said family unit. The applicant
must satisfactorily demonstrate that said apartment would be utilized
only in this fashion in affidavit form prior to the issuance of a
building permit.
(b)
The area of an in-law apartment shall not exceed 30% of the
total area of the residence.
(c)
Occupancy of the apartment shall be nontransferable to subsequent owners. The authorized official shall verify pursuant to a notarized affidavit that any occupant of the in-law apartment is an in-law, as defined in Article II, on a three-year basis; upon verification, said apartment shall be permitted to be occupied. Any change in the ownership of the property shall invalidate any permission to use the apartment as an in-law apartment.
(d)
No construction or remodeling activity of a residence to provide
in-law apartment use shall be permitted without the issuance of a
building permit. In-law apartments shall be permitted to have an alternate
and/or separate means of ingress/egress to/from the apartment other
than that of the primary residence, but must have an internal access
point that connects the in-law apartment to the primary residential
unit. In no case shall an in-law apartment be permitted to have a
separate driveway or garage to accommodate its occupant(s). Additional
bays to an existing garage and expansion of the existing driveway
shall be permitted to accommodate the in-law apartment use, subject
to obtaining all necessary permits.
(e)
If an in-law apartment shall become vacant, the family occupying
the main part of the dwelling shall have full use and occupancy of
the in-law apartment as if it were an integral part of the dwelling,
without further permitting by the Town.
(f)
Any residence containing an in-law apartment shall be considered
a single-family residence. The occupancy or rental of an in-law apartment
by persons other than in-laws, as defined in this chapter, is expressly
prohibited.
(2)
One private garage, either attached or unattached to the principal
structure.
(3)
Customary home occupations.
(a)
The business shall be conducted only within the dwelling unit. Wholesale
and retail sales in which merchandise is stored on, sold or shipped
from the premises; manufacturing of any type, repair and services
of a mechanical nature, as for example but not by way of limitation,
equipment and vehicle repair services and lawn services, are specifically
prohibited. Examples of permitted uses include, but are not limited
to, insurance agencies, accountants, haircutting, businesses conducted
primarily by mail, telephone or computer and the office component
only of business which would otherwise be prohibited.
(b)
The business shall be owned and operated by the resident(s) only.
(c)
The business shall have no employee who is not a resident of the
dwelling unit.
(d)
The business shall not be conducted in any garage or other accessory
structure on the premises; nor shall it create a traffic flow or other
visual appearance inappropriate to the residential character of the
neighborhood.
(e)
Exterior alterations to the residence which change the essential
residential appearance thereof shall be prohibited.
(f)
The business shall at all times be incidental and secondary to the
primary use of the building as a dwelling.
(4)
Accessory structures such as, but not limited to, a tool shed,
garden shed, utility shed, storage building, private swimming pool
and its associated appurtenances, including, but not limited to, an
apron, deck, patio, and/or pool cabana, private noncommercial greenhouse,
attached or detached decks, patios, gazebo, and private noncommercial
dog housing/shelters.
[Amended 2-3-2021 by Res. No. 21T-066]
(5)
Tennis, basketball and/or volleyball courts shall be approved by the authorized official. Recreational ramps shall be subject to the provisions of § 250-7.22 of this chapter and approved by the authorized official.
[Amended 2-3-2021 by Res. No. 21T-066]
(6)
One private swimming pool and its associated appurtenances,
including, but not limited to, aprons, decks, and pool cabanas, shall
not be located closer than a minimum of 10 feet to the rear property
line in any residential district, provided that such structures comply
with the required side setbacks and all other requirements of this
Code.
[Amended 2-3-2021 by Res. No. 21T-066]
E.
Conditional
uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Churches and similar religious institutions.
(b)
Hospitals and proprietary health care facilities.
(c)
Public schools, parks and playgrounds.
(d)
Public libraries.
(e)
Nursery schools and day-care centers.
(f)
Municipal buildings and structures.
(g)
Cemeteries.
(h)
Commercial horse stables.
[Amended 2-3-2021 by Res. No. 21T-066]
(i)
Private playground, athletic field and group swimming pools.
(j)
Bed-and-breakfast facilities.
(k)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection E(1)(a) through (j), to be compatible with the purposes of the district for which such use is proposed, and to be consistent with the Town's Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon
a determination by the authorized official that any business or conditional
use originally permitted within the single-family districts is to
be changed so that it involves a separate, different and distinct
use, process, product or service, or involves a new operator, an application
for a conditional use permit must be made to the board having jurisdiction.
Prior to authorizing the Town Clerk to issue the conditional use permit,
the board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
[Amended 2-3-2021 by Res. No. 21T-066]
F.
Dimensional
requirements. The following dimensional requirements shall be observed
within the applicable single-family residential use district, subject
to the conditions of this section:
(1)
Minimum lot area, width and setbacks.
[Amended 2-3-2021 by Res. No. 21T-066]
|
District
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Front Setback
(feet)
|
Side Setback
(feet)
|
Rear Setback*
(feet)
|
|---|---|---|---|---|---|
|
RA-2
|
87,120
|
200
|
50
|
10
|
30
|
|
CR-2
|
87,120
|
200
|
50
|
10
|
30
|
|
RR-1
|
43,560
|
150
|
50
|
10
|
30
|
|
R-1-20
|
20,000
|
100
|
50
|
10
|
30
|
|
R-1-15
|
15,000
|
100
|
50
|
10
|
30
|
|
R-1-12
|
12,000
|
80
|
50
|
10
|
30
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Decks and patios, excluding covered or enclosed porches, shall
have a minimum rear setback of 25 feet. All other structures to be
attached to or abutting the principal structure shall comply with
the permitted setbacks for all required setbacks set forth in this
section.
| |
(2)
In the case of corner lots, a forty-foot front setback shall
be provided along the frontage where the authorized official has determined
the location of the front of the residence. A fifty-foot front setback
shall be provided on the alternate frontage. In cases where a residence
is constructed on a lot at a forty-five-degree angle, both frontages
shall have a minimum forty-foot front setback (as graphically illustrated
below).
(3)
All corner lots or "flag" lots within the R-1-12, R-1-15 and
R-1-20 Districts shall have a minimum lot area 25% greater than the
minimum requirement for those districts.
|
Corner and Interior Lot Setback Requirements
|
|---|
|
(4)
In cases within the R-1-12, R-1-15 and R-1-20 Districts, or
in other zoning districts where the use of Town Law § 278
is proposed where lots are to be subdivided and developed with rear
yards fronting along state and/or county roads, the minimum lot depth
(and width in the case of corner lots) shall be increased by 50 feet.
Said area shall be utilized as a landscaped buffer from the right(s)-of-way.
The type and amount of landscaping required to adequately accomplish
a visually effective buffer shall be determined by the Planning Board
or Town Board, as the case may be, and development shall be prohibited
within the buffer area. In these cases, no buffer area shall be closer
than 45 feet to the center line of a state right-of-way nor any closer
than to the edge of the reservation area proposed for a county right-of-way.
(a)
All proposed dwellings and accessory structures shall have a
rear setback of no less than 30 feet or a side setback of no less
than 10 feet from the back edge of the fifty-foot buffer area.
[Amended 2-3-2021 by Res. No. 21T-066]
(b)
All proposed dwellings shall have a minimum fifty-foot setback
from the front property line and the proposed internal subdivision
right-of-way.
(5)
In cases within the R-1-12, R-1-15 and R-1-20 Districts or in
other zoning districts where the use of Town Law § 278 is
proposed where lots are to be developed with front yards fronting
along a state and/or county road, the minimum lot depth (and width
in the case of corner lots) shall be increased in area by 25 feet.
Said area shall be utilized as a landscaped buffer from the right(s)-of-way.
The type and amount of landscaping required to adequately accomplish
a visually effective buffer shall be determined by the Planning Board
or Town Board, as the case may be, and development shall be prohibited
within the buffer area. Said buffer area shall be no closer than 45
feet to the center line of a state right-of-way nor any closer than
to the edge of the reservation area proposed for a county right-of-way.
(a)
All proposed structures shall have a minimum seventy-five-foot
setback from the front property line, and in the case of a corner
lot fronting on a state or county road, a side setback of 10 feet
from the back side of the twenty-five-foot buffer.
(b)
Developments having more than three lots fronting along a state
or county road shall be serviced by a twenty-foot-wide private drive,
which shall be set back a minimum of 25 feet from the right(s)-of-way.
(6)
Maximum
building height restrictions.
|
District
|
Maximum Height Limitations
| |
|---|---|---|
|
RA-2
|
2 stories or 35 feet, whichever is less
| |
|
CR-2
|
2 stories or 35 feet, whichever is less
| |
|
RR-1
|
2 stories or 35 feet, whichever is less
| |
|
R-1-12
|
2 stories or 35 feet, whichever is less
| |
|
R-1-15
|
2 stories or 35 feet, whichever is less
| |
|
R-1-20
|
2 stories or 35 feet, whichever is less
|
(7)
Any building housing livestock or any noxious commodity shall
be no nearer than 100 feet to any lot line.
(8)
No barn, silo, water tower or tank or other farm building or
structure on a farm shall be greater than 100 feet in height, or be
located less than 100 feet from any property line.
(9)
Any lot housing livestock shall be at least five acres in size.
(10)
No church, school, or other structure designed for public assembly
or open to the public, and approved as a conditional use, hereafter
erected, structurally altered, reconstructed or moved in any single-family
residential district shall be located within 100 feet of any property
line.
(11)
Any other structure approved as a conditional use shall comply
with setback requirements as established by the board having jurisdiction.
In no case shall said setbacks be less than those required under this
section.
(12)
A permitted accessory tool, garden or utility shed or storage
building shall be sized according to the amount of acreage on which
it is placed.
[Amended 2-3-2021 by Res. No. 21T-066]
(a)
Sheds and storage buildings shall have a maximum size of 192 square
feet or 1% of gross land area, whichever is greater.
(b)
The minimum rear setback for sheds and storage buildings shall be
10 feet. Any accessory shed or storage building greater than 300 square
feet in area shall be placed 50 feet or more from any property line.
(c)
Sheds and storage buildings shall have a maximum height of 20 feet.
(13)
A swimming pool and appurtenances, such as aprons or decks,
shall be located not closer than a minimum of 10 feet to the rear
property line in any residential district, provided that such structures
comply with the required side setbacks and all other requirements
of this code.
(14)
Private athletic/recreational courts consisting of vertical
and/or horizontal impervious hard surfaces, including but not limited
to basketball courts, volleyball courts, and rebound walls, shall
be located no closer than 10 feet to the rear property line in any
residential district, provided such structures comply with the side
setbacks and all other requirements of this Code.
[Amended 2-3-2021 by Res. No. 21T-066]
G.
Residential
chickens. On properties with single-family detached homes only, no
lot may be used or occupied and no structure may be erected, maintained
or used for the raising, harboring or housing of female chicken hens
(hereinafter "chickens") unless an application is made to, and a permit
is granted by, the authorized official after consideration of the
following standards and requirements:
[Added 9-2-2020 by Res. No. 20T-168]
(1)
Permits shall only be granted for the purpose of egg production
for personal use only and not for commercial use. Eggs should be collected
on a daily basis.
(2)
There shall be no slaughtering of chickens on the premises at
any time.
(3)
Roosters and other type of fowl shall not be permitted on properties
of less than five acres.
(4)
All chickens shall be kept on the premises of the permittee
at all times. There shall be no roaming on the premises unless the
permittee can demonstrate that the subject property is fenced in such
a manner that no chicken is able to leave and no predator is able
to access said premises. It shall be unlawful for chickens to run
at large on any public land, including, but not limited to, sidewalks,
streets, roads, alleys, parks or other owners' private property.
(5)
Number of chickens permitted.
|
Lot Size
|
Number of Chickens Permitted
|
|---|---|
|
Up to 1/2 acre
|
6 chickens
|
|
More than 1/2 acre to 2 acres
|
10 chickens
|
|
More than 2 acres, but less than 5 acres
|
15 chickens
|
(6)
No chickens shall at any time be kept in a cellar or any part
of any dwelling or any building used for human occupation. Chickens
must be kept and housed in chicken coops which shall be structures
with walls on all four sides and a roof. Each chicken shall have at
least four square feet of floor space when kept in a coop and shall
have at least four square feet in addition thereto for a runway. Chicken
runways must be securely fenced or enclosed to protect the chickens
from animals and to prevent them from leaving the premises. Chicken
coops shall not be larger than 192 square feet in area.
(7)
Chicken coops and runways shall not be placed in front yards.
All chicken coops and runways shall comply with all setback requirements
and shall be no closer than 25 feet from any dwelling or building
on an adjacent property used for human occupation and shall be at
least 200 feet from any restaurant or place where food is being sold
for consumption on the premises.
(8)
Chicken coop access doors must be shut and locked at night.
Opening windows and vents must be covered with predator- and bird-proof
wire or material resulting in less than one-inch openings. All chicken
coops and runways shall be built to prevent animals from digging under
such structures.
(9)
Chickens shall have access to food and water at all times which
shall not be accessible to rodents, wild birds or predators. All food
which is stored shall be kept in rodent and predator proof closed
containers.
(10)
All chicken coops, runways, brooders, equipment and premises
where chickens are housed shall be kept clean and sanitary at all
times. Feces from chickens shall not accumulate on the owner's premises,
chicken coops, runways or land such that it becomes a public or private
nuisance by odors or unsanitary health conditions. Manure may be used
for fertilizer or composting. Any manure not so used must be regularly
removed by double bagging and placing the bagged feces in the trash
for collection. Any stored manure shall be placed in a noncombustible
container.
(11)
All premises where chickens are kept shall be adequately designed,
maintained and properly screened to prevent any unsightly visual appearance.
(12)
No property used for the raising, harboring or housing of chickens
shall cause any endangerment or detriment to the health, safety, morals
or general welfare of the community.
(13)
Chickens shall be provided with veterinary care if ill or injured.
(14)
Failure to comply with the criteria set forth hereinabove may
result in the revocation of the permit.
A.
Purpose.
The purpose of the Multiple Residence District (MR) is to permit,
where appropriate, the construction and development of multifamily
residences in the Town. Areas proposed to be rezoned to MR shall be
serviced by sanitary sewers, storm sewers and public water.
B.
Permitted
uses. The following uses are permitted in the MR District:
C.
Conditional uses. Conditional uses and their accessory uses shall be governed by and comply with the regulations set forth within § 250-5.1E of this chapter.
D.
Dimensional
requirements.
(1)
Lot area and density. The minimum lot area for any multifamily
developments shall be 3,500 square feet for each apartment living
unit. Structures shall not occupy more than 25% of the gross acreage
of the development.
(2)
Setbacks. No structure within the Multiple Residence District
shall be located closer than 80 feet to any exterior property line,
50 feet to any public road right-of-way within the multiple residential
development, or within 30 feet of any other structure.
(3)
Maximum
building height restrictions: two stories or 35 feet, whichever is
less.
A.
Purpose.
It is the purpose of the Townhouse Dwelling District (TH) to permit,
where appropriate, the construction and development of townhouse units,
which are single-family dwellings separated by a party wall. Areas
proposed to be rezoned TH shall be served by sanitary sewers, storm
sewers and public water.
B.
Permitted
uses. The following uses are permitted in the TH District:
C.
Conditional uses. Conditional uses and their accessory uses shall be governed by and comply with the regulations set forth within § 250-5.1E of this chapter.
D.
Dimensional
requirements.
(1)
Lot area/density. The development parcel density for this district
shall not exceed one living unit per each 5,000 square feet of usable
land area. Structures shall not occupy more than 25% of the gross
acreage of the development.
(2)
Lot width: 18 feet.
(3)
Setbacks. No structure within the Townhouse Dwelling District
shall be located closer than 80 feet to any exterior property line,
50 feet to any public road right-of-way within the townhouse development
or within 30 feet of any other structure. In no case shall any internal
front or rear setback be less than 30 feet.
(4)
There shall be no more than eight individual townhouse units
within each building or dwelling group.
(5)
Maximum
building height restrictions: two stories or 35 feet, whichever is
less.
A.
Purpose.
It is the purpose of the Planned Development District (PD) to provide
flexible land use and design regulations through the use of performance
criteria so that small- to large-scale neighborhoods or portions thereof
can be developed within the Town that incorporate a variety of residential
types and nonresidential uses, and which may contain both individual
building sites and common property which are planned and developed
as a unit. Where PD is deemed appropriate through the rezoning of
land to a PD District by the Town Board, the use and dimensional specifications
set forth elsewhere in this chapter are herein replaced by an approval
process in which an approved plan becomes the basis for continuing
land use controls.
B.
Permitted
uses.
(1)
The
following uses are permitted in the PD District:
(a)
All residential types and their accessory uses. The use of a
variety of housing types shall be deemed most in keeping with this
district.
(b)
Commercial, service and other nonresidential uses and their
accessory uses. These are to be scaled primarily to serve the residents
of the PD or the immediately surrounding residential area.
(2)
Notwithstanding
any provision of this section to the contrary, in no event shall any
explicitly prohibited use be permitted within any Planned Development
District.
C.
Dimensional
requirements.
(1)
Lot area. The minimum usable PD area per project shall be 50
contiguous acres. Where the applicant can demonstrate that his/her
holdings will meet the objectives of this district, the appropriate
board may consider sites with less acreage.
(2)
Lot width and area. Single-family detached residences shall
have a minimum width of 70 feet and shall have a minimum lot area
of 8,000 square feet.
(3)
Setbacks.
(a)
Front setback. Single-family detached residences shall be addressed pursuant to § 250-5.1F(1) of this chapter.
(b)
Side setback: 10% of the lot width.
(c)
Rear setback: 30 feet.
(d)
Rear setbacks for accessory structures, swimming pools, tool
and garden sheds shall be 10 feet from the rear property line.
(e)
Decks or open porches shall be no closer than 20 feet to the
rear property line.
(f)
Lot width, area, and setbacks for single-family attached residences, such as townhomes, duplexes, etc., shall comply with the requirements for such development as set forth in § 250-5.3D of this chapter.
(4)
Open space. A minimum of 10% of the usable total land area shall
be devoted to open space for the primary use of residents of the PD.
(5)
Maximum
building height restrictions: two stories or 35 feet, whichever is
less.
D.
Special
provisions applying to the PD District.
(1)
In order to carry out the purpose of this district, a PD shall
achieve the following objectives:
(a)
A maximum choice in the types of environment, occupancy, tenure,
types of housing, lot sizes and community facilities available to
existing and potential Town residents at all economic levels.
(b)
More convenience in locating accessory commercial and service
areas.
(c)
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lowering housing costs.
(d)
A development pattern in harmony with the objectives of the
Town's current Comprehensive Plan.
(e)
A more flexible environment than would be possible through the
strict application of other provisions of this chapter.
(2)
Before the consideration of any rezoning of property to PD can take place by the Town Board, the developer or his/her authorized agent shall apply for and secure preliminary site plan approval of such PD in accordance with the site plan approval procedures established in Article XII. Upon receipt of a favorable report from the Planning Board covering the preliminary site plan, or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct the public hearings necessary for the purpose of considering PD districting for the applicant's plan in accordance with the procedures established in § 250-15.4, Notice of public hearing, and Town Law §§ 264 and 265. PD districting shall be conditional upon the applicant's securing of final site plan approval in accordance with procedures set forth in Article XII and compliance with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the Planned Development District.
(3)
The Town Board shall determine in each case the appropriate
land use intensity and dwelling unit density for individual projects
and shall consider any recommendation on same from the Planning Board.
The determination of land use intensity ratings and/or dwelling unit
densities shall be completely documented.
(5)
For the purpose of regulating use of property after initial construction and occupancy, use changes shall be in the form of an application for a special use permit. It shall be noted, however, that property lying in PD Districts is unique and shall be so considered by the Town Board when evaluating these applications and maintenance of the intent and function of the planned development shall be of primary importance. An application shall be filed with the Town Clerk and such filing fee shall be consistent with § 250-15.2. Further, a special use permit granted pursuant to this section shall be issued by the Town Clerk at a fee as required by resolution by the Town Board.
(6)
The development shall be served by public sanitary sewers, storm
sewers and water.
A.
Purpose.
The purpose of the Business Non-Retail District (BN-R) is to provide
suitable areas for various non-retail, service-oriented uses that
are easily accessible to the neighborhoods which they serve. Such
districts are also intended, where possible, to act as a compatible
transition area between residential, and commercial and industrial
areas because of the generally low volumes of traffic associated with
such uses, and their hours of operation and noise characteristics,
which make them compatible as transition uses.
B.
Permitted
uses.
(1)
The following uses are permitted in the BN-R District:
(a)
Insurance offices of independent or general agents.
(b)
Medical and dental offices and clinics, excluding overnight
occupancy.
(c)
Branch banks.
(d)
Commercial schools.
(e)
Attorney's offices.
(f)
Offices for other licensed professionals, such as architects,
designers, engineers, etc., excluding, however, any warehouse or storage
areas.
(g)
Office parks/buildings.
(h)
Public buildings and grounds, excluding maintenance, storage
or repair facilities.
(i)
Uses accessory to the above which are an integral part of and
used solely by the permitted use and are deemed appropriate by the
authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the BN-R District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become or are liable to become detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional
uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Drive-in bank auto tellers.
(b)
Mortuaries or funeral homes.
(c)
Nonprofit institutions for charitable, religious, cultural or
community social purposes.
(d)
Public utility substation uses, excluding power plants, maintenance
or storage facilities and uses of similar nature.
(e)
Nursery or day-care centers, and nonprofit schools.
(f)
Combinations of permitted business non-retail and single-family
residential uses.
(g)
Other legal uses, determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (f), to be compatible with the purposes of the BN-R District, and to be consistent with the Town's Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
[Amended 2-3-2021 by Res. No. 21T-066]
(2)
Upon
a determination by the authorized official that any conditional use
originally permitted within the BN-R District is to be changed so
that it involves a separate, different and distinct use, process,
product or service, or involves a new operator, an application for
a conditional use permit must be made to the board having jurisdiction.
Prior to authorizing the Town Clerk to issue the conditional use permit,
the board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional
requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate
the necessary structures and comply with this chapter, as well as
all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not
occupy more than a maximum of 65% of the total lot area. The remainder
of the lot shall be devoted to no less than a minimum of 35% open
space or landscape area.
(a)
Greenspace shall be 35%. "Greenspace" shall be defined as an area
of grass, trees, or other vegetation set apart for recreational or
aesthetic purposes in an otherwise urban environment.
(b)
Incorporation of green infrastructure such as green roofs, rain gardens,
biofilters, and pervious pavement shall be reviewed and deemed appropriate
by the board having jurisdiction.
(3)
Setback requirements. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the Business Non-Retail District shall be located closer than 80 feet to the front property line, 20 feet to a side property line or 30 feet to the rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Maximum
building height restrictions: three stories or 40 feet, whichever
is less.
E.
Hours
of operation. No business establishment in any BN-R District shall
be open to the public except between the hours of 7:00 a.m. and 9:00
p.m.
A.
Purpose.
The purpose of the Limited Business District (LB) is to provide convenience,
small-scale retail service, and business uses in strategic locations
to support the Town's residential population base. Limited Business
Districts are intended to act as buffers between the larger and more
intense general business center and residential areas.
B.
Permitted
uses.
(1)
The following uses are permitted in the LB District:
(a)
Permitted uses within a Business Non-Retail District.
(b)
Grocery stores.
(c)
Laundromat or dry-cleaning pick-up establishments.
(d)
Bakeries.
(e)
Drugstores or pharmacies.
(f)
Hardware stores, garden supply stores, and paint and wallpaper
stores.
(g)
Barber and beauty shops.
(h)
Flower shops.
(i)
Liquor stores.
(j)
Retail stores.
(k)
Auto accessories and parts (excluding repairs), home appliance
stores and furniture stores.
(l)
Uses accessory to the above which are an integral part of and
used solely by the permitted uses and which are deemed appropriate
by the authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the LB District is to be changed so that it involves a separate, different and distinct use, process, product or service, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional
uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Sit-down restaurants.
(b)
Take-out restaurants.
(c)
Combinations of permitted single-family residential, business
non-retail and limited business uses.
(d)
Gasoline service stations/convenience retail stores.
(e)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (d), to be compatible with the purposes of the LB District, and to be consistent with the Town’s Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon
a determination by the authorized official that any conditional use
originally permitted within the LB District is to be changed so that
it involves a separate, different and distinct use, process, product
or service, or involves a new operator, an application for a conditional
use permit must be made to the board having jurisdiction. Prior to
authorizing the Town Clerk to issue the conditional use permit, the
board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional
requirements.
(1)
Lot area. The minimum lot size shall be that necessary to accommodate
the necessary structure and comply with this chapter, as well as all
other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not
occupy more than a maximum of 65% of the total lot area. The remainder
of the lot shall be devoted to no less than a minimum of 35% open
space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the Limited Business District shall be located closer than 80 feet to the front property line, 20 feet to a side property line, or 30 feet to a rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Floor area. Any separate commercial retail business use, owned
or leased, shall not exceed 25,000 square feet in floor area.
(5)
Maximum
building height restrictions: three stories or 40 feet, whichever
is less.
E.
Hours
of operation. Business establishments within an LB District shall
be open to the public only between the hours of 6:00 a.m. and 12:00
midnight. Based upon the intensity of the proposed use and its potential
impact on the neighboring area, the board having jurisdiction may
modify the hours of operation as part of the process of granting a
conditional use permit.
A.
Purpose.
The purpose of the General Business District (GB) is to provide a
broader range of general and comparison commercial goods and services
necessary to serve a number of neighborhoods and do so in an orderly
fashion that maintains viability of residential areas and neighborhood
commercial centers.
B.
Permitted
uses.
(1)
The following uses are permitted in the GB District:
(a)
Permitted uses within the Business Non-Retail District.
(b)
Permitted uses within the Limited Business District.
(c)
Retail outlets and department stores.
(d)
Theaters (not including drive-in theaters) and bowling alleys.
(e)
Uses accessory to the above which are an integral part of and
used solely by the permitted use and deemed appropriate by the authorized
official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the GB District is to be changed so that it involves a separate, different and distinct use, process or product, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Conditional
uses.
(1)
The following uses and their accessory uses shall be permitted when authorized in accordance with Article XIII, Conditional Use Permits:
(a)
Bar, tavern, restaurant or other eating place.
(b)
Auto sales, new and used, mobile home and recreational vehicle
sales.
(c)
Auto repair shops.
(d)
Rentals of trucks, trailers, etc., associated with gasoline
service station or other uses.
(e)
Drive-in theaters.
(f)
Vehicle washes.
(g)
Bus passenger stations.
(h)
Motels or hotels.
(i)
Gasoline service stations.
(j)
Combinations of permitted single-family residential, business
non-retail, limited business and general business uses.
(k)
Other legal uses determined (following a public hearing) by the applicable board having jurisdiction to issue conditional use permits to be similar in nature to those uses described in Subsection C(1)(a) through (j), to be compatible with the purposes of the GB District, and to be consistent with the Town’s Comprehensive Plan; provided, however, that in any event no conditional use permit shall or may be issued with respect to any explicitly prohibited use.
(2)
Upon
a determination by the authorized official that any conditional use
originally permitted within the GB District is to be changed so that
it involves a separate, different and distinct use, process, product
or service, or involves a new operator, an application for a conditional
use permit must be made to the board having jurisdiction. Prior to
authorizing the Town Clerk to issue the conditional use permit, the
board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
[Amended 2-3-2021 by Res. No. 21T-066]
D.
Dimensional
requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate
the necessary structures and comply with this chapter as well as all
other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not
occupy more than a maximum of 65% of the total lot area. The remainder
of the lot shall be devoted to no less than a minimum of 35% open
space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter. No structure within the General Business District shall be located closer than 80 feet to the front property line, 20 feet to a side property line, or 30 feet to a rear property line. In the case of corner lots, the eighty-foot minimum front setback shall be provided along each road frontage.
(4)
Maximum
building height restrictions: three stories or 40 feet, whichever
is less.
E.
Hours
of operation. Business establishments within the GB District may remain
open 24 hours on a daily basis.
A.
Purpose.
The purpose of the Limited Industrial District (LI) is to permit,
where appropriate, the construction of research and development oriented
industries, high technology and light manufacturing facilities, offices,
hotels and to locate adult uses and entertainment in such a manner
as to preserve the character and quality of life, maintain property
values within Town neighborhoods and retail trade in business areas,
control documented harmful and adverse secondary effects of adult
uses on surrounding areas, restrict minors' access to adult uses and
to protect the health, safety and general welfare of the Town of Penfield.
Areas for such zoning shall be identified by the Town Board or upon
application. These areas shall be zoned as an LI District in accordance
with the normal rezoning procedures. In reaching its decision, the
Town Board shall consider the general criteria set forth in this chapter,
the most current Comprehensive Plan for the Town, and this statement
of purpose. Areas proposed to be zoned LI shall be served by sanitary
sewers, adequate drainage control and/or storm sewers and public water.
B.
Permitted
uses.
(1)
The following uses are permitted in the LI District:
(a)
Scientific research or experimental development of materials,
methods or products, including engineering and laboratory research.
(b)
Light manufacturing, assembling, fabrication.
(c)
Offices.
(d)
Hotels.
(e)
Adult uses and adult entertainment establishments.
(f)
Uses accessory to the above which are an integral part of any
uses solely by the permitted use and are deemed appropriate by the
authorized official.
(2)
Upon a determination by the authorized official that a specific use originally permitted within the LI District is to be changed so that it involves a separate, different and distinct use, process or product, or involves a new operator, and further provided that the results of such change, as determined by the authorized official, have the potential to negatively impact neighboring properties or the surrounding area, the authorized official shall require application to be made to the board having jurisdiction for a special use permit, at which time the board having jurisdiction may require that any and all phases of the operation which have become, or are liable to become, detrimental to the neighborhood be corrected prior to the Town Clerk issuing the special use permit pursuant to § 250-14.5C.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Dimensional
requirements.
(1)
Lot area. The minimum lot area shall be that necessary to accommodate
the necessary structure and comply with this chapter, as well as all
other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not
occupy more than a maximum of 65% of the total lot area. The remainder
of the lot shall be devoted to no less than a minimum of 35% open
space or landscape area.
(3)
Setbacks. All setbacks shall comply with the buffering requirements of Article VII of this chapter.
(a)
(4)
Maximum
building height restrictions: four stories or 50 feet, whichever is
less.
(5)
Adult uses and adult entertainment establishments.
(a)
Adult uses and adult entertainment establishments shall comply with
the following setback and dimensional requirements:
[1]
No adult use or adult entertainment establishment shall be located
within 500 feet of the boundary of any residential zoning district.
[2]
No adult use or adult entertainment establishment shall be allowed
within 1,000 feet of another existing adult use or adult entertainment
establishment, and no more than one of the uses governed by this provision
shall be permitted on any single lot in the Town of Penfield.
[3]
No adult use or entertainment establishment shall be located
within 150 feet of any boundary line abutting another municipality.
[4]
No adult use or adult entertainment establishment shall be located
within 1,000 feet of any recreational facility, school, place of worship,
cemetery, park or playground, children's camp, or other area where
large numbers of children travel or congregate.
[5]
No adult use or adult entertainment establishment shall be located
within 100 feet of any existing commercial or industrial use.
[6]
In addition to the requirements set forth hereinabove, minimum
dimensional requirements shall be as set forth in this chapter.
[8]
In the case of conflict between any such provisions relating to setbacks
and lot coverage requirements, the stricter, more restrictive provision
shall govern and apply.
(b)
Prohibition regarding public observation. All adult entertainment
establishments shall be conducted in an enclosed building at all times.
Regardless of location or distance, no one passing by an enclosed
building having a use governed by these provisions shall be able to
discern any specified anatomical area or any specified sexual activity
by virtue of any material which depicts or describes said area or
activity. This provision shall apply to any display, decoration, sign,
window or other building opening.
D.
Hours
of operation. All businesses operating within the LI District may
remain open 24 hours on a daily basis.
[Added 2-3-2021 by Res. No. 21T-066]
A.
Purpose.
(1)
Pursuant
to a joint land use plan adopted by the Towns of Irondequoit and Penfield,
the LaSalle's Landing Development District (LLD) is designed to provide
a suitable character and stable environment for the establishment
and maintenance of water-oriented and/or water-enhanced uses and activities
along the shoreline of Irondequoit Bay and its adjacent wetlands.
The district is also designed to protect the unique and sensitive
environmental features that exist along the Bay shoreline, and to
promote the public health, safety and general welfare. The district
is also designed to promote and encourage public access to the shore
zone and appropriate water-oriented recreational and other appropriate
development adjacent to the shore zone. The LLD permits moderate-density
residential development, as well as certain commercial, recreational
and open space uses that serve the residents of and visitors to this
district, as well as the Town, and that generally benefits from and
enhances the unique aesthetic and environmental qualities of the Town's
waterfront areas.
(2)
The
purpose of this district includes the following specific goals:
(b)
To provide sufficient space in appropriate waterfront locations
for moderate-density residential development, recreational activities,
certain commercial activities and other water-oriented uses, in order
to meet the various housing and recreational needs of the Town of
Penfield's present and future populations.
(c)
To recognize the sensitivity of waterfront areas as unique environmental
and recreational resources and to protect these areas from environmentally
destructive uses and activities.
(d)
To provide for a desirable mix of water-oriented commercial
uses and active and passive recreational opportunities that takes
advantage of the unique locations and characteristics of the Town's
waterfront areas.
(e)
To encourage development that is appropriately designed and
in harmony with its environment and that does not conflict with the
preservation of the natural beauty of the Town's waterfront areas.
(f)
To promote the most desirable and appropriate use of land and
direction of building development based upon land and soil types and
other natural features, environmental constraints, neighborhood characteristics
and overall community needs.
(g)
To protect the character of the district and its peculiar suitability
for particular uses; to conserve the value of land and buildings and
to protect and enhance the tax revenue base of the Town of Penfield.
(h)
To permit development in areas which, by virtue of their locations,
topography, accessibility, relationship to surrounding land uses,
zoning patterns and natural features and availability of public services
and utilities, are best suited for a particular purpose; and to preserve
areas that are naturally unsuited for development or that have unique
historical, aesthetic or environmental significance.
(i)
To encourage flexibility of design and preservation of unique
environmental features through, for example, the use of Town Law § 278
(cluster development) and/or incentive zoning where applicable,[2] and maintenance of the aesthetic quality of waterfront
areas by permitting the Town of Penfield to establish consistent minimum
dimensional requirements with the Town of Irondequoit for permitted
principal uses, and to review other pertinent design aspects of such
proposed projects.
(j)
To preserve, wherever feasible, the existing vegetation and
natural features of waterfront areas and to prevent, as much as possible,
significant erosion, sedimentation and drainage problems, both during
and after construction.
(k)
To encourage and facilitate water-oriented recreational development
within the shore zone, as permitted principal uses or as accessory
uses, where compatible with the primary purpose of the proposed development.
(l)
To protect the LaSalle's Landing Development District (LLD)
and its waterfront areas, as much as possible, against excessive volumes
of vehicular traffic flow, and to deal with safety problems related
to such vehicular traffic flow.
(m)
To protect waterfront areas against congestion, as much as possible,
by regulating the density of population and intensity of land use,
and by requiring the provision of open areas for rest and recreation,
wherever practical.
(n)
To promote the maintenance and/or extension of public access
to the shore zone, where practical and feasible, where such access
relates to and is compatible with the primary purpose of the proposed
development or activity.
(o)
To minimize impacts upon Irondequoit Bay water quality, such
as disturbance of sediment and pollutants, through regulation, reasonable
limitations and prohibition of new marinas and regulation of expansion
of existing marinas.
(p)
To encourage greater public access to the shore zone of Irondequoit
Bay through the use of sidewalks, boardwalks and other appropriate
forms of intermodal access through the special use permit and site
plan review process.
B.
Permitted uses. No structure shall be erected, structurally altered, reconstructed or moved, and no structure, land or premises shall be used in the district designated on the official zoning maps of the Towns of Irondequoit and Penfield as "LaSalle's Landing Development District" (LLD) except for the following principal and "customarily incidental" accessory uses, all of which shall be subject to a special use permit and site plan approval issued by the Town Board in accordance with § 250-13.2 of this chapter:
(1)
Principal uses:
(a)
Public parks, playgrounds or similar public recreational uses
owned or operated by a public agency.
(b)
Multifamily dwellings and apartment buildings.
(c)
Townhouses and single-family attached dwellings.
(d)
Commercial parks, playgrounds, beaches, parks, golf courses,
tennis/racquetball clubs or other similar recreation uses operated
for profit.
(e)
Sit-down and take-out restaurants.
(f)
Motels and hotels.
(g)
Stores, shops and boutiques.
(h)
Offices.
(i)
Car-top boat, canoe sales, display and/or launch areas. Floating
piers or piers on pilings shall be used to provide access to canoes,
kayaks and other nonmotorized boats.
(j)
Public utility buildings or structures, including but not limited
to electrical substations, but excluding communications towers and
their accessory structures.
(k)
Combinations of permitted principal uses, based on a determination by the Town Board that such combinations are appropriate for the LLD and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP), subject to approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(2)
Principal use restrictions and/or additional requirements. All
principal uses permitted within the LaSalle's Landing Development
District (LLD) shall be subject to the following restrictions and/or
additional requirements:
(a)
Any of the uses permitted in this section that require the use of an area other than within an enclosed building may be conducted in whole or part outside of such building or upon vacant land, and shall be subject to approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(3)
Accessory uses located on the same lot with a permitted principal use, subject to those dimensional and setback requirements as noted in Subsection C of this section:
(a)
Gazebos, boardwalks, community and/or educational interpretative
centers.
(b)
Private garages and carports.
(c)
Swimming pools.
(d)
Sheds, cabanas or similar accessory structures.
(e)
Communication antennas subject to the provisions of § 250-13.11C of this chapter are exempt from the requirements of securing a special use permit.
(h)
Storage (both indoor and outdoor) of mobile homes, motor homes, house trailers, campers, camping trailers, truck campers, utility campers, boats and boat trailers, subject to special use permit approval issued by the Town Board in accordance with the provisions of Subsection E of this section.
(i)
Tennis courts, recreational ramps and other similar outdoor
recreational facilities, provided that such uses are clearly incidental
to the primary residential or principal use on the property and provided
that such uses are located a minimum of 10 feet from any property
line, subject to site plan review by the Town Board.
(4)
The following additional requirements shall also apply to all
such structures and facilities:
(a)
The construction of such structures and facilities shall be
undertaken in such a way so as not to impair water quality, cause
harm to fish spawning grounds, destroy the natural beauty of the shoreline,
impede views/vistas of the Bay, reduce the stability of steep slope
areas, cause erosion or sedimentation problems along the shoreline,
create hazards for navigation, interfere with the public use and enjoyment
of the water surface or shoreline, or otherwise threaten the public
health and safety.
(b)
Dredging, earth moving and disturbance of land above and below
water shall be minimized as much as possible, shall only be permitted
in conjunction with maintenance of existing docks and shall be consistent
with the permit requirements of the New York State Department of Environmental
Conservation and the United States Army Corps of Engineers.
(c)
To permit the free circulation of water, reduce the effects
of fluctuating water levels, and prevent adverse modification of the
shoreline, piers and wharves shall be of floating construction wherever
feasible and shall not be of rock-filled cribbing, sheet piling, closely
spaced piling, or such other construction which would significantly
impair water circulation.
(d)
The maximum surface area of any pier or wharf shall not exceed
700 square feet.
(e)
The number of piers or wharves permitted per waterfront lot or per waterfront development shall not exceed one such structure and shall be subject to a special use permit issued by the Town Board subject to the requirements of Subsection E of this section and approval by the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation.
(f)
Every pier or wharf that is constructed shall have a minimum
clearance or setback of 10 feet from adjacent property lines, as extended
at a ninety-degree angle from the shoreline, to allow adequate vessel
access to neighboring waterfront parcels.
(g)
Piers or wharves that are 100 feet or longer shall, during the
hours of darkness, be required to be lighted in such a manner so as
to not constitute a hazard to navigation.
(h)
Lighting of the surface of any pier or wharf shall be provided
in such a manner so as not to produce any offensive glare when viewed
from the water or the land. The use of low mast lighting fixtures
and deflector shields to direct the light downward shall be required
to reduce or eliminate glare.
C.
Dimensional
requirements.
(1)
Required minimum lot size.
(a)
No new principal building or structure to be used as a multifamily
dwelling, apartment building, or other similar use shall hereafter
be erected on any lot unless such lot shall have a minimum area of
3,000 square feet per dwelling unit.
(b)
No new principal building or structure to be used as a townhouse
dwelling, or other similar use shall hereafter be erected on any lot
unless such lot shall have a minimum area of 4,000 square feet per
dwelling unit.
(c)
The required minimum lot sizes for all other principal uses
permitted in the LaSalle's Landing Development District (LLD) shall
be established by the Town Board. The required minimum lot size shall
be based on the relative intensity of the proposed land use and the
need to protect or buffer the use from sensitive environmental areas,
significant historic or archeological areas, or scenic views or vistas.
(2)
Required minimum building setbacks.
(a)
The Town Board, in accordance with the provisions of Town Law
§ 278, shall be empowered to modify the setback requirements
and other applicable provisions of this chapter with respect to the
approval of a plat or plats. The purpose of this authorization is
to enable and encourage a flexibility of design and development of
land in such a manner so as to promote the most appropriate use of
land, to facilitate the adequate and economical provisions of streets
and utilities, to encourage and maintain adequate public access to
the shoreline, and to preserve and protect the natural and scenic
qualities of the Town's open lands and shore zone.
(b)
Setbacks of buildings and structures from all other buildings
and structures on the lot and from property lines, for all other permitted
principal and accessory uses not already identified in this section,
shall be determined by the Town Board during the site plan review
and approval process and shall be based on the following guidelines:
[1]
Principal buildings, parking areas and accessory structures,
excluding such facilities as piers, wharves and boat ramps, shall
be set back a minimum of 25 feet inland from the high water's edge,
in order to maintain adequate access to the shore zone.
[2]
Principal buildings, parking areas, and accessory structures
shall be set back a minimum of 60 feet from any road right-of-way,
a minimum of 20 feet from any side property line and 30 feet from
any rear property line or, in the case of properties fronting Irondequoit
Bay, 25 feet from any pedestrian access easement existing or proposed
along the water's edge.
[3]
Principal building and accessory structure setbacks shall be
established with due consideration to provisions for fire protection
services and adequate access for fire and emergency equipment within
and around the site.
[4]
Principal building and accessory structure setbacks shall be
established with due consideration to the protection and preservation
of unique and sensitive environmental features, scenic views and vistas,
the specific goals established for this district and the use of clustering
as a site design technique.
(3)
Maximum building heights.
(a)
Maximum building heights for all permitted principal uses specified
in this section shall not exceed two stories or 35 feet, whichever
is less, except where it has been determined by the Town Board during
the special use permit process that, based on a visual analysis of
the site prepared and submitted by the applicant and reviewed by the
Board, greater building heights would not interfere with identified
scenic views or vistas or impair the aesthetic quality and integrity
of the waterfront area. In such cases, the Town Board shall establish
maximum principal building heights in order to protect the scenic
views and vistas and the aesthetic character of waterfront areas in
general.
(b)
Accessory structures shall not exceed a maximum height of 15
feet unless otherwise specified or regulated in this chapter.
(4)
Maximum density; maximum percentage of lot occupancy. The total
overall ground coverage of all principal and accessory buildings,
parking areas and other impervious surfaces on any lot shall not exceed
70% of the total lot area. The remainder of the lot shall be utilized
for pedestrian access, open space and/or landscaped areas.
(5)
Hours of operation. Business establishments may be open to the
public 24 hours on a daily basis.
D.
Additional
requirements.
(1)
Off-street parking and loading requirements. Off-street parking spaces and loading facilities shall be provided for all uses specified in this section, in accordance with the provisions of §§ 250-7.7 and 250-7.8 of this chapter and the following additional requirements:
(a)
All parking spaces shall be set back a minimum of 10 feet from
any street line or property line to provide for proper landscaping
and buffering, except in cases where shared parking is proposed and
approved by the Town Board during the special use permit and site
plan review process.
(b)
Parking shall be provided according to the following minimum
standards:
[3]
Hotels: one space per room or suite; plus one space per three
employees on minimum shift, plus one space per three persons based
on the maximum capacity of public meeting rooms, plus 50% of the spaces
otherwise required for restaurants, accessory uses, etc.
[4]
Restaurants, sit-down: one space per three patron seats, including
any bar stools, or one space per 100 square feet of floor area, whichever
is greater, plus one space per employee on maximum shift.
[5]
Office: one space per each 100 square feet of office area.
[6]
Other uses not specifically listed above shall furnish parking
as required by the board having jurisdiction and/or the authorized
official.
[7]
The Town Board may modify parking requirements to reflect the
needs of a particular use to be developed, provided that the Board
is satisfied that the site may be able to accommodate future uses
with more intensive parking requirements. Said area shall be identified
and set aside on an approved site plan.
(2)
Landscaping and buffering requirements.
(a)
Parking areas shall be landscaped and buffered as much as possible.
A reasonable reduction in the size and number of parking spaces required
for a project shall be permitted by the Town Board where it can be
demonstrated by the applicant that such a reduction will not create
overflow parking problems and that the additional space will be used
for landscaping or open space within the site.
(b)
Where practical, trees with a diameter or caliper of six inches
or greater shall be retained on the site.
(3)
The Town Board, as part of the site plan and/or special use
permit review and approval process, may require public access in the
form of walkways, pedestrian trails, paths, or bikeways to the shoreline
for those development projects or proposed uses adjacent to the shoreline
where such access is appropriate and desirable and does not conflict
with existing natural features or the public health, safety or general
welfare. In requiring such public access, the Town Board shall consider
the nature of the access to and from surrounding properties and uses,
as well as the relationship of the access and proposed use of the
water.
E.
Town
Board special use permit application requirements. An application
for special use permit review and approval for all principal uses
within the LaSalle's Landing Development District (LLD) shall be accompanied
by:
(1)
A natural resource inventory for the proposed development site
that identifies all of the environmentally sensitive or unique areas
within the site, including but not limited to steep slopes, wetlands,
woodlands, floodplains, scenic views and vistas and wildlife habitats.
The natural resource inventory shall also indicate how the proposed
development will impact these areas and mitigating measures to minimize
any adverse impacts.
(2)
A visual analysis, which assesses the site's visual impacts.
Said analysis shall be based, in part, upon the visual EAF addendum
(SEQR 617.21) and any additional information required by the Town
Board.
F.
Granting
of special use permit.
(1)
Approval by the Town Board of any special use permit shall be
contingent upon a finding by the Board, based on the information submitted
and testimony made at the public hearing, written project reviews
by the appropriate agencies and a recommendation from the Monroe County
Planning Department, that the proposed project will, as applicable:
(a)
Provide adequate and safe access;
(b)
Provide adequate site utility service, including water supply,
sewage and refuse disposal;
(c)
Be compatible with and enhance, to the extent possible, the
existing natural features of the site and the surrounding area;
(d)
Provide adequate year-round site fire protection services;
(e)
Relate in an adequate and appropriate manner to the depth of
bay water adjacent to the site;
(f)
Relate in an adequate and appropriate manner to, and in general
be compatible with the permitted existing land use and zoning pattern
in the immediate area;
(g)
Comply with the applicable site design criteria and other zoning
district requirements outlined in this chapter; and
(h)
Provide public access to the shore zone, to the extent possible
and desirable given the nature of the site and proposed use.
(2)
Approval by the Town Board of any special use permit shall be
contingent upon a finding by the Board, based on the information submitted
and testimony made at the public hearing, written project reviews
by the appropriate agencies and a recommendation from the Monroe County
Planning Department, that the proposed project or development will
not, as applicable:
(a)
Adversely affect the orderly development and character of the
surrounding neighborhood, nor be detrimental to the health, safety
or to the general welfare of the Town;
(b)
Be a nuisance to neighboring land uses; create hazards or dangers
to the general public or to persons in the vicinity of the project;
cause undue harm to or impair existing sensitive natural features
on the site or in the surrounding area; be incompatible with the type,
extent and direction of building development for the site and surrounding
area, as proposed in the Town of Penfield Comprehensive Plan, LWRP,
LaSalle's Landing Development Plan or official policies, or a portion
thereof as adopted by the Town.
(c)
Impair or adversely impact significant historic, archeological
and/or cultural resource sites.
(d)
Require an unnecessary or destructive amount of dredging, filling
or other disturbance of the water of Irondequoit Bay or Irondequoit
Creek.
(e)
Adversely affect any sensitive environmental features which
may exist on or in close proximity to the site.
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.
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.
A.
Purpose.
It is the intent and purpose of this section to regulate the placement
and maintenance of mobile/manufactured homes. It is also the intent
and purpose of this section to regulate mobile/manufactured home parks
to assure quality development and maintenance equal to that found
in other types of residential areas throughout the Town of Penfield.
Providing diversity in housing choice as well as greater opportunities
for obtaining moderate-cost housing is also the desired objective.
It is not the intent of this section to repeal or abrogate any part
of the New York State Uniform Fire Prevention and Building Code, New
York State Sanitary Code § 17, New York State Real Property
Law § 233 or any other applicable rule, regulation or ordinance.
The provisions of this section shall be enforced in addition to and
in conjunction with the above-referenced provisions.
B.
Standards
for mobile/manufactured homes.
(1)
No mobile/manufactured home manufactured after January 15, 1974,
shall be used as a permanent place of abode or as a permanent or temporary
dwelling, regardless of location, unless it bears the seal issued
by the State of New York and required by the State Code for Construction
and Installation of Mobile Homes. No such home manufactured after
June 15, 1976, shall be used as a permanent place of abode or as a
permanent or temporary dwelling, regardless of location, unless a
seal is issued by the U.S. Department of Housing and Urban Development
certifying that the mobile/manufactured home unit complies with the
standards of the National Mobile Home Construction and Safety Standards
Act of 1974, as amended.
(2)
Mobile/Manufactured homes shall not be located or permitted
to remain in this municipality unless they:
C.
Installation
requirements.
(1)
All mobile/manufactured homes, whether installed temporarily
or permanently, shall require a building permit prior to installation.
(2)
Such homes shall be installed to the manufacturer's specifications,
or, if not available, shall be installed in conformity with NCSBCS/ANSI,
Manufactured Home Installations, and A225.1-1987, with revisions.
(3)
A mobile/manufactured home shall not be used as a permanent
place of abode or as a permanent or temporary dwelling unless it is
properly connected to a public water supply system approved by the
Monroe County Water Authority and a municipal sanitary sewer system
or a sewage disposal system approved by the Monroe County Health Department.
All water and sewer systems shall be constructed in accordance with
the Town of Penfield development regulations and specifications.
(4)
The area beneath all such homes shall be enclosed with a generally
accepted exterior material. Such enclosure must be so constructed
that it is subject to reasonable inspection.
(5)
Soils shall have sufficient bearing and stability properties
to provide adequate support for such home installations and shall
be of sufficient depth to sustain lawns, trees and other vegetation.
(6)
Entrance steps. Entrance steps shall be installed at all doors
leading to the inside of the home. Such steps shall be constructed
of materials intended for permanence, weather resistance, and attractiveness
and shall be equipped with handrails, which will provide adequate
support for users. Such stairs and steps shall also be required to
comply with all other applicable code requirements.
(7)
All such homes shall be equipped with a U.L.-approved smoke
detection device.
(8)
The home and lot on which the home is placed shall be maintained as required by § 250-7.11, Exterior property maintenance.
(9)
Such homes shall be located only in approved mobile/manufactured
home parks, except that the Zoning Board of Appeals may issue a temporary
permit for such home not located in a mobile/manufactured home park
upon proof to such Board of special necessity. "Special necessity"
shall consist of circumstances where such home will serve as an interim
dwelling in the event that a permanent residence has been damaged
or destroyed beyond conditions of habitability.
(a)
No such temporary permit shall be issued unless the following
conditions have been met:
(b)
A temporary permit approved pursuant to this section shall be
issued by the Town Clerk at a fee as required by resolution by the
Town Board.
(c)
Extensions of three months each may be granted by the Zoning
Board of Appeals, it being the intent of the Board that extensions
should be granted only in unusual or emergency situations that require
a brief extension only.
(d)
An application for a temporary permit shall be filed with the Town Clerk, and such filing fee shall be consistent with § 250-15.2 of this chapter.
(e)
The following are prohibited with respect to the temporary placement
of such home:
[1]
Construction of a permanent foundation or enclosure
thereunder.
[2]
Construction of any additions to provide extra
floor space unless:
[a]
The Zoning Board of Appeals approves such addition;
and
[b]
The additions are provided by or approved by the
manufacturer and specifically designed for use with the mobile home;
and
[c]
The addition complies with other provisions of
this chapter and other applicable ordinances with respect to setback
and similar matters; and
[d]
A building permit is issued for such addition.
D.
Existing
mobile/manufactured home park requirements.
(1)
Applicability. This section shall apply only to mobile/manufactured
home parks to which a license has been issued prior to the date of
the adoption of this chapter and provided said license is in effect
on said date.
(2)
All structures, including the installation of a mobile/manufactured
home, shall require a building permit prior to installation.
(3)
Roadways.
(a)
Road construction. All newly constructed park roads shall be
hard-surfaced roads not less than 16 feet in width. The park roads
shall be paved with a concrete or bituminous material complying with
the Town of Penfield development specifications for private roads.
(b)
All park roadways shall be graded, leveled and surfaced so as
to permit the safe passage of emergency and other vehicles.
(c)
Maintenance of roadways. All private roadways within mobile/manufactured
home parks, and all entrances and exits within said parks, shall be
kept free of snow, ice and debris and maintained so as to permit unhampered
use of the same by park residents, visitors and emergency vehicles.
Street name signs shall be installed and maintained at all road intersections.
(d)
Lighting. All roads and facilities shall be furnished with outside
lighting to ensure the safe movement of vehicles and pedestrians at
night. The minimum requirements for such shall be a streetlight at
the end of every street or private roadway, and at the intersection
of each street or roadway, which shall be lighted from a period 30
minutes after sunset to 30 minutes before sunrise each day.
(e)
Each home lot within a mobile/manufactured home park shall abut
on and have access to a private road used by the inhabitants of the
park and built and maintained by the owner thereof. No home lot shall
have direct access to a public street.
(f)
Parking. Two off-street parking spaces shall be provided for
each mobile home site. Such spaces may be located on the individual
lot or grouped in a nearby location to serve several mobile home sites.
(4)
Property maintenance.
(a)
All land areas shall be adequately drained and properly maintained
free of refuse, garbage, rubbish, junk, unlicensed or junk vehicles,
or debris.
(b)
The storage, collection, and disposal of refuse in the mobile
home park shall be managed so as to create no health hazards, rodent
harborage, insect breeding areas, accident hazards, or air pollution.
All refuse shall be stored in fly-tight, water-tight, rodent-proof
containers, provided in sufficient number and capacity to prevent
refuse from overflowing or blowing away. Refuse shall be collected
at regular intervals, but no less often than once per week.
(d)
Except for the areas used for the home, patio, sidewalk and
off-street parking space, the entire remaining area of the home lots
shall be landscaped and properly maintained.
(5)
Fire protection.
(a)
The park operator shall keep common areas of the parks free
of litter, rubbish and other flammable materials.
(b)
It shall be the responsibility of the licensee of any mobile/manufactured
home park to provide fire protection consisting of a hydrant or hydrants,
and fire extinguishers in common buildings so located that the same
shall be immediately available. Hydrants shall be flush tested annually,
and such test shall be witnessed by the Fire Marshal. If the Fire
Marshal is unavailable at the time of testing, he/she may allow the
test to be completed in his/her absence. The results of such test
shall be submitted to the Fire Marshal's office.
(c)
All fuel heating systems shall be installed and maintained in
accordance with the applicable codes and regulations governing such
systems.
(6)
Utilities. All homes used as a permanent place of abode or as
a temporary or permanent dwelling shall be required to be properly
connected to the existing public water supply and sanitary sewer system.
E.
Additions
to existing mobile/manufactured home parks.
(1)
Additions to mobile/manufactured home parks, or extensions of
parks in districts zoned Mobile/Manufactured Home Park, shall require
site plan approval from the Planning Board.
(2)
No structure within the addition to any mobile/manufactured home park shall be located closer than 80 feet to any exterior property line. All setbacks shall comply with the buffering requirements of § 250-7.2, Buffers, berms and screen plantings.
(3)
Minimum lot size. No lot added to an existing park shall be
less than 5,000 square feet. All new lots therein shall have a minimum
width of not less than 50 feet.
F.
Lot
requirements for homes within existing parks.
(1)
Home placement.
(a)
Minimum setback requirements for homes shall be as follows:
[1]
Front yard setback: five feet (Front yard setback
shall be measured from the road surface edge to the nearest vertical
wall of the mobile home.).
[2]
Side yard setback: 10 feet from adjacent homes
(five feet from accessory structures or buildings located on adjacent
lots).
[3]
Rear yard setback: five feet from adjacent homes
(five feet from accessory structures or buildings located on adjacent
lots).
(b)
No new or used homes shall be moved onto any lot in any park
after the adoption of this section, unless it shall comply with the
aforesaid setback requirements. In order to ensure compliance with
the setback requirements, a site inspection shall be completed by
the Building Inspector prior to the issuance of a building permit
for the installation of the home. Permits for such installations are
to be issued to the owner of the mobile/manufactured home park, and
only with his/her written approval. Said requirements shall not, however,
impair or affect present and existing setbacks on homes presently
on any lot in any park as of the date of the adoption hereof, provided
the home was installed in conformance with the existing requirements
at the time of installation.
(c)
Each home lot shall be provided with a stand that will give
a firm base and adequate support for the home. Such stand shall have
a dimension approximating the width and length of the home and any
extensions or expansions thereto.
(d)
The park operator shall obtain a building permit prior to the
placement or relocation of any existing or new home in the park.
(2)
Accessory structures.
(a)
Minimum setback requirements for accessory structures, including
but not limited to awnings, cabanas, ramadas, carports, decks or porches,
shall be as follows:
[1]
Front yard setback: five feet (Front yard setback
shall be measured from the road surface edge to the nearest vertical
wall of the structure.).
[2]
Side yard setback: five feet from homes or accessory
structures or buildings located on adjacent lots.
[3]
Rear yard setback: five feet from homes or accessory
structures or buildings located on adjacent lots.
(b)
As with the installation of a home, a site inspection shall
be completed by the Building Inspector prior to the issuance of a
building permit for the installation of the accessory structure. Permits
for such construction are to be issued to the owner of the mobile/manufactured
home park, and only with his/her written approval. Said requirements
shall not, however, impair or affect present and existing setbacks
on accessory structures presently on any lot in any park as of the
date of the adoption hereof, provided the structure was installed
in conformance with the existing requirements at the time of installation.
(3)
Accessory buildings.
(a)
Minimum setback requirements for accessory buildings (storage
sheds) shall be as follows:
[1]
Front yard setback: 20 feet from the road surface
edge.
[2]
Side yard setback: five feet from homes located
on adjacent lots and five feet from accessory structures or buildings
located on adjacent lots.
[3]
Rear yard setback: five feet from homes or accessory
structures or buildings located on adjacent lots.
(b)
No new or used accessory building shall be moved onto any lot
in any park after the adoption of this section unless it shall comply
with the aforesaid setback requirements. In order to ensure compliance
with the setback requirements, a site inspection shall be completed
by the Building Inspector prior to the issuance of a building permit
for the installation of the accessory building. Permits for such construction
or installations are to be issued to the owner of the mobile/manufactured
home park, and only with his/her written approval. No more than one
accessory building shall be allowed on any one lot, and such building
shall not exceed a total of 100 square feet of ground area. Said maximum
size requirement is not intended to supersede park rules if they are
more restrictive.
(c)
Said requirements shall not, however, impair or affect present and
existing setbacks on accessory structures presently on any lot in
any park as of the date of the adoption hereof, provided the structure
was installed in conformance with the existing requirements at the
time of installation.
G.
Requirements
for new parks.
(1)
Applicability. This section shall apply only to mobile/manufactured
home parks to which a license has been issued after the date of the
adoption of this section.
(2)
General requirements.
(a)
All structures, including the installation of a home, shall
require a building permit prior to installation.
(b)
Density. Average density in a park shall not exceed 7.5 units
per acre. The park shall contain area sufficient to accommodate at
least 150 home lots, plus recreational areas and streets as required
by this chapter.
(c)
The corners of each lot shall be marked with surveyor's irons,
and each vacant lot shall have address numbers installed. Numbers
shall be installed on a post not to exceed five feet in height and
no less than 20 feet and no more than 25 feet from the road surface
edge. Numbers shall be Arabic in design and a minimum of five inches
in height.
(d)
All land areas shall be adequately drained and properly maintained in conformance with the requirements of § 250-7.11, Exterior property maintenance.
[1]
The Town Engineer shall approve plans for the disposal
of surface stormwater.
[2]
The Planning Board must approve the proposed method
of garbage, waste and trash disposal.
[a]
The storage, collection, and disposal of refuse
in the mobile home park shall be managed so as to create no health
hazards, rodent harborage, insect breeding areas, accident hazards,
or air pollution. All refuse shall be stored in fly-tight, water-tight,
rodent-proof containers, provided in sufficient number and capacity
to prevent refuse from overflowing or blowing away. Refuse shall be
collected at regular intervals, but no less often than twice per week
for common storage areas and no less often than once per week for
individual roadside pickup.
(e)
All parks shall have one or more recreational areas, which shall
be easily accessible to all park residents. The type and location
of recreational facilities and open space shall be subject to approval
of the Planning Board during site plan approval.
(f)
Community buildings.
[1]
Each park must have one or more central community buildings constructed
and maintained in conformance with applicable state and local code
requirements.
[2]
Each park shall have a building for the use of
the operator distinctly marked "OFFICE." An illuminated map of the
park shall be displayed at the office.
(g)
All parks shall have an area or areas set aside for storage
usage by occupants of all the homes within the park. Said storage
shall be ample to store such large items as boats, trailers, motorcycles
and similar items. The storage area or areas referred to shall be
fully screened or otherwise closed so as to be hidden from view. The
size, type and location of storage areas shall be subject to approval
of the Planning Board during site plan approval.
(3)
Roadways.
(a)
No home lot shall have direct access to a public street.
(b)
Park entrance and exit. There shall be no less than two park
entrances and exits for use in ingress to and egress from the park.
All entrances and exits shall be kept free of snow, ice and debris
at all times and maintained so as to permit unhampered use of the
same by park residents and visitors.
(c)
Each home lot within a park shall abut on and have access to
a park road used by the inhabitants of the park and built and maintained
by the owner thereof.
[1]
This road shall have a paved surface at least 20
feet in width from pavement edge to pavement edge and lead to and
furnish ingress to and egress from a public street to controlled driveways,
which shall not be less than 20 feet in width.
[2]
The park roads shall be paved with a concrete or
bituminous material complying with the Town of Penfield development
designs and construction specifications for private roads.
[4]
All such park roads shall be adequately lighted
for the purpose of protecting vehicular traffic thereon and pedestrian
use thereof.
(d)
In addition to the required off-street parking for each lot,
the park shall provide and maintain paved off-street parking areas
for guests of occupants. The number of additional parking spaces shall
be equal to no less than 20% of the number of mobile/manufactured
home lots. The number, size, type and location of parking areas shall
be subject to approval of the Planning Board during site plan approval.
(e)
A concrete sidewalk conforming to the requirements of Section
7 of the Town of Penfield development design and construction specifications
or a pedestrian traffic lane approved by the Planning Board shall
be constructed and maintained adjacent to one side of every park road.
(4)
Landscaping.
(a)
Park plans shall show existing tree masses or trees over six
inches in diameter at a four-foot height, hedgerows and other notable
existing natural features such as streams or rock formations. Such
natural features shall be retained in the site plan as much as possible.
(b)
A buffering area shall be maintained around the perimeter of each park as required by § 250-7.2, Buffers, berms and screen plantings.
[1]
The area shall not be a part of any home lot, as
it shall be part of the common ground of the park.
[2]
Landscaping plans shall be subject to the approval
of the Town landscape consultant. Plantings installed as part of the
approved landscaping plan shall be maintained by the park manager
in such a manner that the landscaping and planting shall not become
unsightly or die.
(5)
Utilities. All utilities, such as sewer, water, fuel, electric,
telephone and television antenna lead-ins, shall conform to the current
recommendations of the authority having jurisdiction. Such utilities
shall be buried to a depth specified by the authority having jurisdiction,
and there shall be no overhead wires. Fire hydrants shall be provided
and maintained as required by the Fire Marshal.
(6)
Signage. Advertising of the park on the premises shall be limited
to one nameplate sign containing the park name, which plate shall
not exceed 20 square feet, with lighting, heights and location as
approved by the Building Inspector. A sign permit shall be required
for such signage.
H.
Application
for new park license.
(1)
An application for an original license for a mobile/manufactured
home park shall be appropriately filed with the Town Clerk. No license
for a mobile/manufactured home park shall be issued by the Town Clerk
unless the Town Board has given written authorization in accordance
with the provisions of this section.
(2)
Applications for mobile/manufactured home park licenses shall
include but not be limited to all materials as may be deemed necessary,
such as:
(a)
Name and address of each applicant, if an individual, or of
each and every partner, if a partnership, or the name and address
of the principal officers and shareholders, if a corporation.
(b)
The name and address of the developer and the description of
the construction schedule and the construction cost.
(c)
Name and address of the owner of the land upon which the mobile/manufactured
home park is to be located.
(d)
A legal description of the property upon which the mobile/manufactured
home park is to be located.
(e)
Site plan drawings of the proposed mobile/manufactured home
park approved by the Planning Board.
(f)
A copy of all park rules and regulations; a list of management
and tenant responsibilities; a written statement of any fees to be
used in connection with the use of any lot within the park.
(g)
Such further information as the developer may feel is necessary
to describe his/her intent and ability to comply with the requirements
of this chapter.
I.
Lot
requirements for homes within new parks.
(2)
Accessory structures, including, but not limited to, awnings,
cabanas, ramadas, carports, decks or porches, shall be considered
to be part of the home for the purposes of all setback requirements.
(3)
Structures on site.
(a)
The lot may be occupied by one mobile/manufactured home, including
its accessory structures, one accessory building and one carport.
Minimum setback requirements for accessory buildings (storage sheds)
shall be as follows:
(b)
No accessory building may be erected on any lot unless a building
permit therefor has been obtained from the Building Inspector. Permits
for such construction or structures are to be issued to the owner
of the mobile/manufactured home park, and only with his/her written
approval. Prior to the issuance of a building permit, a site inspection
shall be completed by the Building Inspector. No more than one accessory
building shall be allowed on any one lot, and such building shall
not exceed a total of 100 square feet of ground area. Said requirements
are not intended to supersede park rules if they are more restrictive.
(5)
Except for the areas used for the home, patio, sidewalk and
off-street parking space, the entire remaining area of the lot shall
be landscaped and properly maintained. At least two trees with a minimum
diameter of two inches at the time of planting shall be planted and
maintained on each lot.
(6)
A central fuel supply system, such as natural gas or a central
LP system, shall serve each lot. No separate or private fuel containers,
such as fuel oil tanks or LP tanks, used to supply fuel to a home
or building appliances, shall be allowed in the park. This requirement
shall not apply to twenty-pound LP tanks commonly used for outdoor
barbecue grills.
(7)
The property owner will grant to the Town of Penfield an open
space easement and permit the Town to have an easement to enter upon,
as the grantee, any open space, street or recreational areas provided
within the park, for the purpose of permitting the Town to inspect
structures, make repairs or maintain as is necessary and appropriate
to adequately maintain said areas in the event that the owner of said
property, his/her successors or assigns fail to comply with the standards
and requirements as set forth within this chapter.
J.
Park
operation and maintenance.
(1)
Responsibilities of park operator.
(a)
The owner/operator to whom a license for a mobile/manufactured
home park is issued shall operate the park in compliance with this
section and shall provide adequate supervision to maintain the park,
its common grounds, streets, facilities, equipment and utilities in
good repair and in a clean and sanitary condition. In the event of
a fire or other disaster that results in damage to any mobile home
or homes located within the mobile/manufactured home park, the park
owner/operator shall be ultimately responsible for the securing or
removal of any and all damaged homes within 60 days of such event.
(b)
The park operator shall post a copy of this chapter in the manager's
office and provide each park occupant with a copy of the same upon
request.
(c)
The park operator, in addition to the Building Inspector or
other authorized official, shall inspect the placement of each home
on its stand.
(d)
The park operator shall maintain a register in the office of the park, indicating the name and address of each current resident of said park and the make, type and serial number of each mobile/manufactured home, and the date of arrival of each home on the premises. Such register shall be available to any person designated under Subsection K(1) of this section.
(e)
Each park shall have a building for the use of the operator
distinctly marked "OFFICE." An illuminated map of the park shall be
displayed at the office. The park owner shall designate a park manager
on the premises or other representative in close proximity to the
park to ensure the availability of emergency response actions in matters
affecting the health, safety, well being and welfare of the park residents.
The designated agent's name, address and telephone number shall be
posted in a conspicuous location in the park, given in writing to
each resident and registered with the Monroe County Sheriff and Fire
Marshal.
(f)
The holder of every license pursuant to the provisions of this
section shall file with the Town's Assessor and Building and Zoning
Administrator, as required, a duly verified record of all homes located
within said park on such date as established by the Assessor for the
tentative tax date, together with the date such home first was permitted
to be installed therein, and with the make, model, year and size of
each of said homes.
(2)
Responsibilities of park residents.
(a)
Each park resident shall be responsible for the maintenance of his/her home and any appurtenances thereto, and shall keep all yard space on his/her lot in a neat and sanitary condition, free of unregistered or inoperable motor vehicles and in conformity with the requirements of § 250-7.11, Exterior property maintenance.
(b)
The park resident shall be responsible for the maintenance of
all utility connections (water service, drains, electrical, fuel,
etc.) inside the mobile home to the location at which such utility
enters the mobile home.
(c)
Depending on the rules of the individual park, the park operator
may provide all required site maintenance, including common areas.
K.
Enforcement;
right of entry.
(1)
This section shall be enforced by the authorized official of
the Town of Penfield, as may from time to time be necessary to ensure
conformance with the provisions of this section.
(2)
Said official shall be authorized and have the right in the
performance of his/her duties hereunder to enter any park and make
such inspections as are necessary to determine compliance with this
section. Such entrance and inspection shall be accomplished at reasonable
times after prior notice to the park operator, and in emergencies,
whenever necessary to protect the public health, safety and welfare.
Owners, agents or operators of a park shall be responsible for providing
access to all parts of the premises within their control to the authorized
official or to his/her inspectors, acting in accordance with the provisions
of this section.
L.
Duties
of authorized official. It shall be the duty of any authorized official
to make necessary inspections and to investigate all complaints made
under this section and to request the Town Attorney to take appropriate
legal action of all violations of this section.
M.
Preexisting
nonconforming uses. Nothing in this section shall impair or affect
the lawful use of property in any park which existed as of the date
of adoption of this section or make illegal such use, provided that
such use was in existence as of the date of the adoption hereof, and
further provided that such use is uninterrupted and continuous hereafter.
[Added 11-1-2017 by L.L.
No. 3-2017]
A.
This section shall be known as Local Law No. 3 of 2017 entitled "Mixed
Use District." This section of the Town of Penfield Zoning Ordinance
applies to all mixed use developments in the Town of Penfield. For
the purposes of the Zoning Ordinance, "mixed use" means a combination
of residential, commercial and civic uses, arranged vertically (in
multiple stories of buildings) or horizontally (adjacent to one another),
at a pedestrian scale that encourages less reliance on the automobile
for the daily lives of residents.
B.
The Mixed Use District was generated in conjunction with the Town
of Penfield Mixed Use Development Manual. The manual serves as a guidebook
for the development in the district (e.g., definitions, design criteria,
development intensity).
C.
Purpose.
(1)
The purpose of the Mixed Use District is to permit, where zoned,
the creation and construction of mixed-use developments within the
town. All development must comply with the following 10 principles
of mixed use development:
(a)
A mixture of complementary land uses to create economic and
social vitality and encourage the linking of pedestrian and vehicular
trips.
(b)
Flexible housing alternatives.
(c)
Areas that are safe, comfortable and convenient for pedestrians.
(d)
Flexibility in the siting and design to support future changes
in land use.
(e)
Walkability within neighborhoods with walkways and trails that
encourage pedestrian and bicycle travel.
(f)
Variety of services within walking distance.
(g)
Efficient use of land with compact, clustered development.
(h)
Development that supports public transit where applicable.
(i)
Open space preservation/creation and reduction of impact on
natural resources.
(j)
Transportation planning that reduces vehicular demands.
D.
Mixture of uses.
(1)
Mixed use developments shall provide a variety of compatible
uses located within the same project site in an integrated manner.
The minimum number of uses is based upon the size of the development.
Table 6.1 of the Mixed Use Development Manual sets forth the minimum
number of uses per development size, and the minimum percentage of
each use in square footage.
E.
Permitted uses.
(1)
The following uses are permitted in the Mixed Use District.
No vehicular drive-through operations are permitted. Commercial uses
shall be scaled as appropriate to be consistent with the size and
location of a specific parcel.
(a)
Permitted single-family and multifamily residential uses shall
include the following housing types:
(b)
Permitted commercial uses shall include the following:
[1]
Insurance office of independent or general agents.
[2]
Medical and dental offices and clinics, excluding
overnight occupancy.
[3]
Offices for other licensed professionals, such
as architects, designers, engineers, etc., excluding, however, any
warehouse or storage areas.
[4]
Attorney or law offices.
[5]
Other applicable office space.
[6]
Financial establishments.
[7]
Art galleries and studios.
[8]
Grocery stores.
[9]
Laundromat or dry-cleaning pick-up establishments.
[10]
Bakeries.
[11]
Drugstores or pharmacies.
[12]
Hardware stores, garden supply stores, and paint
and wallpaper stores.
[13]
Barber and beauty shops.
[14]
Flower shops.
[15]
Liquor stores.
[16]
Retail stores.
[17]
Retail outlets and department stores.
[18]
Theaters (not including drive-in theaters).
[19]
Bowling alleys.
[20]
Civic uses, such as, churches, schools, community
centers, and other public-oriented uses.
F.
Conditionally permitted uses.
(1)
The following uses are conditionally permitted in the Mixed
Use District. Commercial uses shall be scaled as appropriate to be
consistent with the size and location of a specific parcel.
(a)
Bar, tavern, restaurant or other eating place.
(b)
Hotels and bed-and-breakfast establishments
(c)
Nonprofit institutions for charitable, religious, cultural or
community social purposes.
(d)
Nursery or day-care centers, and nonprofit schools.
(e)
Combinations of permitted single-family residential, business
nonretail, limited business and general business uses.
(f)
Entertainment (adult uses and adult entertainment establishments
are not permitted).
(g)
Other uses not specifically listed above as permitted uses,
but determined by the board having jurisdiction to be similar in nature
and compatible with the purposes of the Mixed Use District may also
be considered; provided, however, that in any event, no conditional
use permit shall or may be issued with respect to any explicitly prohibited
use. Upon approval from the board having jurisdiction, applicants
are required to obtain a conditional use permit from the Town Clerk
prior to occupying the space.
G.
Accessory uses.
(1)
Uses that are accessory to an integral part of and used solely
by the permitted or conditionally permitted use and determined appropriate
by the authorized official or the board having jurisdiction, as the
case may be. Types of accessory uses include, but are not limited
to, parks and recreation facilities, private and public active and
passive recreational uses, and multiuse trail systems.
H.
Change of use.
(1)
At any time a specific use originally permitted within this
district is to be changed so that it involves a separate, different
and distinct use, process or product, an authorized official shall
make a determination if an application must be made to the Zoning
Board of Appeals for a change of use permit or conditional use permit.
(2)
Upon a determination by the authorized official that any business
or conditional use originally permitted within the Mixed Use District
is to be changed so that it involves a separate, different and distinct
use, process, product or service, or involves a new operator, an application
for a conditional use permit must be made to the board having jurisdiction.
Prior to authorizing the Town Clerk to issue the conditional use permit,
the board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
I.
Minimum dimensional requirements.
(1)
All mixed use developments shall comply with the minimum dimensional
requirements are set forth in Table 6.1 of the Mixed Use Development
Manual.
(2)
The Planning Board or the Zoning Board of Appeals, as the case
may be, shall have the power to establish, determine and modify applicable
provisions of the Mixed Use District 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 use of streets, utilities and
amenities that will benefit the Mixed Use District and/or development.
(3)
No structure shall be greater than two stories or 35 feet in
height, whichever is less, within 100 feet of any adjacent permitted
residential zoning district abutting the Mixed Use District.
(4)
Within the mixed use development, a zero setback from the side
property line(s) may be permitted to help create a more compact development.
Minimum setbacks shall be required to comply with fire and building
codes.
J.
Parking.
(1)
Shared parking for different uses is required within all mixed-use
development. The minimum number of parking spaces for a mixed-use
development shall be determined by a study prepared by the applicant
following the procedures of the Urban Land Institute (ULI) Shared
Parking Report or Institute of Transportation Engineers (ITE) Shared
Parking Guidelines. A formal parking study may be waived by the Planning
Board for small developments if it is demonstrated that sufficient
parking is available for the planned uses.
(2)
Shared parking spaces for residential units must be located
within a maximum of 300 feet of dwelling unit entrances that are being
served by those spaces.
(3)
There shall be limited visibility of parking lots from the main-street-facing
sides of buildings. Single row, on-street parking shall be permitted.
(4)
Adjacent properties abutting the Mixed Use District shall be
adequately screened from parking structures and lots.
(5)
Parking provided to the general public shall be clearly marked
and separate from private resident parking spaces.
(6)
The size and number of ADA compliant parking spaces for each
development must meet the New York State Building Code.
(7)
Residential units such as single-family detached or semidetached,
townhouses, or other similar housing shall be provided with private
parking spaces, garages, or other covered parking spaces. Visitor
parking shall be included as shared parking with other adjacent land
uses.
K.
Connectivity and pedestrian access.
(1)
Connectivity involves providing options for getting from one
place to another, reducing traffic, and creating viable street networks.
(a)
Sidewalks shall be installed along all roads both public and
private, and shall connect to front building entrances, parking areas,
central open space, and other pedestrian destinations. Sidewalks shall
also be included to connect common areas, parking areas, open space,
and recreational facilities within the mixed-use development.
(b)
All mixed-use developments shall comply with the dimension requirements
for sidewalks that are set forth in Table 5.4 in the Mixed Use Development
Manual.
(c)
All mixed-use developments shall comply with the dimension requirements
for major multiuse walkways and trails intended to accommodate pedestrians,
cyclists, and other users are that set forth in Table 5.4 in the Mixed
Use Development Manual.
(d)
Bicycle racks shall be provided close to building entrances,
public plazas, and other public gathering areas.
L.
Public open space.
(1)
In reference to open space, "public" refers to those areas within
a mixed-use development that shall be available for use by local residents
and the general public. These spaces may be owned, operated, and maintained
by an association, organization, agency or municipality. Public open
space can take the form of active and passive recreation areas, public
courtyards, town square, and other areas that are be used for public
gatherings.
(a)
All public open space shall be restricted from future subdivision
and development.
(b)
The amount of public open space required is based upon the size
of a mixed-use development. The board having jurisdiction shall establish
the required amount of public open space required for each development.
(c)
All structures shall be constructed with connectivity to public
open space.
(d)
No portion of any road right-of-way area may be used for calculating
the minimum required amount of total open space.
(e)
The proposed site plan shall clearly delineate between public
space and private space. Private and semiprivate outdoor spaces (decks,
patios, front and back yards, etc.) are encouraged, but are not considered
public open space.
M.
Landscaping.
(1)
All landscaping proposed within the Mixed Use District shall
be subject to the review and approval of the Planning Board or Zoning
Board of Appeals, as the case may be, and shall comply with the Mixed
Use Development Manual.
N.
Lighting.
(1)
Lighting of properties within the Mixed Use District shall be
coordinated so as to provide consistency of design and to maximize
efficient use of energy. All such lighting shall be no more than 16
feet in height, and located so as not to cause glare to any adjacent
sites and shall be approved subject to the Planning Board or Zoning
Board of Appeals, as the case may be, and shall comply with the Mixed
Use Development Manual as written in section 5.1.10.
O.
Signage.
(1)
All signage proposed in the Mixed Use District shall comply
with the requirements of the Town of Penfield Zoning Ordinance.
P.
Architecture.
(1)
The requirements for architectural design standards are set
forth in the Mixed Use Development Manual. The final design of any
proposed mixed use development shall be subject to the review and
approval of the Planning Board or Zoning Board of Appeals, as the
case may be. The Board may refer the review of architectural designs
to its Architectural Consultant at its discretion for report and recommendation.
Q.
Hours of operation.
(1)
Business establishments within the Mixed Use District shall
be permitted to operate from 6:00 a.m. to 12:00 midnight on a daily
basis. Based on the intensity of use and its potential impact on the
neighboring area, the Planning Board or Zoning Board of Appeals, as
the case may be, may modify the hours of operation as part of the
process of granting a conditional use permit.
R.
Area rezoned.
(1)
The 360+/- acres, as described in Schedules "A" and "B," attached
hereto and made a part hereof, are rezoned to Mixed Use District (MUD)
and the Official Zoning Map and Zoning Ordinance of the Town of Penfield
be and the same are amended to reflect the aforesaid zoning changes
for the properties described in Schedules "A" and "B."[1]
[1]
Editor's Note: Said schedules are on file in the Town offices.
