Appendix — Warth v. Seldin
Supreme Court brief1975
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ILED
NOV 29 1974
APPENDIX
(Vol. I — Page 1 to 516)
| |_ MICHAEL RODAK, JR..CLERK
IN THE
Supreme Court of the United States
OCTOBER TERM, 1974
No. 73-2024
ROBERT WARTH, et al,
Petitioners,
—Vv—
IRA SELDIN, et al,
Respondents.
On Writ of Certiorari to the United States Court
of Appeals for the Second Circuit
SO eee
Petition For Certiorari, Filed July 15, 1974
Certiorari, Granted October 15, 1974
F UDI Law PRserTwes CB. SvaatUed, MN. Y.
TABLE OF CONTENTS
Page
Ig ies oie ee Bee ie V
Rh eke is ackin coduh dche sweneh bin eeens !
Exhibit attached:
A. Amended Zoning Ordinance of the Town of Pen-
i Steudhdins wieudsdeds yd cdexcbbevceces ns 38
Notice of Motion to Dismiss Complaint ................. 117
Motion to Dismiss Complaint ..................... cone Ce
Affidavit of James M. Hartman ....................000. 124
ee ed ie cid cbeeahsneck tenes 134
Motion to Intervene as Plaintiff ....................0.. 137
Affidavit of Sanford Liebschutz ..................0005. 139
Intervenor Afifilicant Complaint ..................005. 144
Motion and Notice of Motion ................0000000: 165
Affidavit nf Johan C. Mitchell ..... 0 ccc cc ccccccccccsees 170
Exhibit attached:
1. Charter Membership List ..................... 177
STROOD THUD kn dcvcvcccccccvescdsscoese 180
Exhibits attached:
A. Facts about Rochester Housing ............... 196
B. Housing Site Proposal ...................05. 201
, QUPPUGUIIED onc ce rcvecccccccsccsevccees 218
Se i i ae ie ea ig tlie 232
E. Proposal Regarding Low-Income Housing ...... 233
Fe [EET do vikonn tdci deedsetees cates 245
G. Charter Membership List ................... 321
ee EE nig chs eceasbs sesavecncvvens 324
I. Statement to Ways and Means Committee ...... 328
ir heal ceeie tee det es duo pias 334
K. Letter to County Legislator, dated 5-5-71 ....... 336
L. Suggestions by Special Committee on Housing 338
ii
Exhibits attached to Warth Affidavit (cont'd) Page
M. Letter to Chairman, Political Action Committee,
8 Perr Tye Te Ter errr rTTrTrr tr 340
N. Report to County Legislature from Special
PEED snveevdsenscdsnevcececes 343
Bh, WED da bie ceveeceossweutevesesseens 348
i: WED Sudaueeduceusvesedeestencece sues 352
Q. Metro-Act Proposal to the Penfield Town Board 357
RT BRP ccc ve civccccssesacsvcsenses 362
Exhibit attached:
A. Summary of Rental Information in Town of
PRE boo cb sec donveceecoanentcarededenes 402
pe TITER TTETETE Tee 404
RE UE oc cc ct ccceccercccesesescoees 422
ED 6 65.5 5 66:65 50X65 0:000056 ce nccoes 435
Affidavit of Warth, Reichert, Vinkey and Harris ......... 456
Exhibits attached:
A. Report of Housing Task Force on Moderate
UIE Nad avcocncouscceeucéuseacons 487
Appendices:
A. Penfield Housing Task Force ‘Charter’ 524
B. ‘Moderate Income” Ranges ........... $27
C. “Opinion Survey — Tabulated Question-
DE nena éeseseeuebusedeunenensees 528
D. Ten Year Housing Targets for Monroe
REED Od nevdudeesscecedewesaanenes 544
E. Excerpts from 1970 Census of Population
IE 6'5:6-0-0.0.66400460600 060008 S49
F. Distribution of Housing Units in Monroe
SE boos KOgeeteetaneenss SS1
G. Cost of Extra Features — Value Ratio
MPC OCCT TT CTC TT ETT eT Te Pee e eT $52
H. Land Acquisition Cost Analyses and Land
Development Cost Analyses ........... $53
iii
Exhibits attached to Warth et al. Affiaa.. 's (cont'd)
Page
Appendices (cont'd)
I. Penfield Zoning Ordinance, Housing Sec-
GE I kv one vcescccvcsncvcce: S55
J. Estimate of Housing Costs in Penfield’s
a Ak! ae S61
K. Sections 235,236 Summary ............ 564
L. Section 235 Regulations ............... 566
M. Comparison of Tax Rate Impacts of a
High Density Development and a Low
Density Development on a School District 573
B. Chart of U.S. Government Outlays for Ten Year
ME a uguaueeses oun euakeeeee ee velo eeu: $82
C. Charts Showing Population by Race ........... 583
D. Tax Information on the Town of Penfield ...... $89
E. Exempt Property Totals .................0.5. 600
ree ae ee 606
G. City of Rochester Tax Rates ................. 607
H. News Article from the Times-Union, 4-26-72 .... 608
I. News Article from the Penfield Press, 6-1-72 .... 609
J. News Article from Rochester Democrat and
CRUM FF oc vc ccccccccccecccsccacccce 610
K. News Article from Rochester Democrat and
RT vc ccccccccccvccccceccucecs 611
L. News Article from the Times-Union, 6-6-72 ..... 612
M. News Articleon Housing .................... 613
N. News Article on Crime Statistics .............. 614
Affidavit of Ann McNabb ............... 00. ccc ccuees 615
Exhibits attached:
A. Town Zoning and the Housing Shortage ....... 643
B. A Model Planned Unit Development Article for
a Town Zoning Ordinance ................... 697
C. Planning Board Minutes, 6-9-70 .............. 756
D. Planning Board Minutes, 8-25-70 ............. 738
E. Planning Board Minutes, 5-10-71 ............. 768
iv
Exhibits attached to McNabb Affidavit (cont'd) Page
F. Report on Proposed Zoning Actions, 6-24-71 .... 772
G. Planning Board Minutes, 7-12-71 ............. 777
H. Description of Planned Unit Development ..... 779
I. Publicity and Minutes of Public Hearing regard-
ng PUTED ow es cccrcccccvensevescccsascnseess 800
J. Notice of Adoption of Amendment to Penfield
IN ip i-dn0c b 0000 e Fas0c000eeseds 818
K. Resolution, Penfield Town Board, 1-3-72 ....... 828
L. Monroe County Executive Committee recom-
mends disapproval of re-zoning change ........ 838
M. News Article, Penfield Press, 5-25-72 .......... 840
Pe | EE -o-cds ie Kwa een cata sy eeekedhaes 841
O. Proposal of Cooperative Homeownership for
0 Peer rrr eT Tre Terre re 849
P. Soil Review of Proposed Apartment Site ....... 860
Se . WIEN co sto dno c0 vewonsineresedeensaaas 864
R. Brief from Robert J. Anderson, consultant ...... 866
S. Resolution of Penfield Planning Board, 9-9-69 .. 881
T. Resolution of Penfield Town Board, 1-12-70 883
U. Proposal of O’Brien Homes,Inc. ............. 885
V. Minutes of Penfield Planning Board, 10-12-71 .. 897
W. Minutes of Penfield Planning Board, 3-27-72
EE, 5 6:4 605 400460 bdsccnscbeesccnce 900
X. Omitted here as contents appear herein as part
GEE 8 k4h 06000644600ne en en tl bxGueann 908
Y. Resolution for Rezoning, Penfield Town Board,
PE we ukascbatddenecdendicneeseanseedeun 909
is | SE G05 beloacnedus Madeeneesesaecens 920
AA. Minutes of Planning Board, 3-13-72 ......... 921
Affidavit of Kling, Taddiken and Farley ................ 925
A, De SIMOPESS CTC GIEIID o cc cc cccccccceccccccscess 948
U. S. Court of Appeals Opinion ....................4.. 953
January 24,
April 6, 1972
May
June
June
v une
June
June
June
June
ey
l;
12,
12,
le,
le;
1972
1972
Vv
DOCKET ENTRIES
1972 Complaint Filed
Notice of Motion and
Supporting Affidavit to
Dismiss Complaint Filed
Notice of Motion,
Motion and supporting
Affidavit of Rochester
Home Builders Association,
Inc. to Intervene as Party
Plaintiff Filed
Plaintiffs' Notice of
Motion and Motion for an
Order making Housing Coun-
cil in the Monroe County
Area, Inc. a Party Plain-
tiff Filed
Plaintiffs' Affidavit
of Robert J. Warth Filed
Plaintiffs' Affidavit
of Andalino Ortiz Filed
Plaintiffs' Affidavit
of Clara Broadnax Filed
Plaintiffs' Affidavit
of Angela Reyes Filed
Plaintiffs' Affidavit
of Rosa Sinkler Filed
Plaintiffs’ Affidavit
of Robert Warth, Lynn
Reichert, Victor Vinkey
and Katherine Harris Filed
vi
DOCKET ENTRIES
Plaintiffs' Affidavit
of Ann McNabb Filed
June 12, 1972
June l2, 1972 Plaintiffs' Affidavit
of Christian G. King, Alan
J. Taddiken and Richard C.
Farley Filed
December 29, 1972 Order dismissing Com-
plaint, denying Plaintiffs’
Motion to add as Party
Plaintiff Housing Council
in Monroe County Area, Inc.
and denying Motion of Roch-
ester Home Builders Asso-
ciation, Inc. to intervene
Filed
January 24, 1973 Plaintiffs' Notice of
Appeal Filed
January 26, 1973 Notice of Appeal of
Rochester Home Builders
Association, Inc. Filed
August 16, 1974 Opinion and certified
copy of Second Circuit
Court of Appeals Order
affirming Order of District
Court Filed
ni
ay
‘e)
Oetober 15, 1974 Petition For Certiorari
Granted
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK
ROBERT WARTH, 265 Castlebar
Road, Rochester, New York '
14610, Individually and on »
behalf of all other persons
similarly situated, x
LYNN REICHERT, 224 Seneca
Parkway, Rochester, New York 4,
14613, Individually and on
behalf of all other persons
Similarly situated, .
VICTOR VINKEY, 134 Nunda »
Boulevard, Rochester, New
York, 14610, Individually %
and on behalf of all other
persons similarly situated, %
KATHERINE HARRIS, 108 Garson ,
Avenue, Rochester, New York,
Individually and on behalf x
of all other persons
Similarly situated, %
ANDELINO ORTIZ, R.D. 1
Wrights Road, Box 202, Wayland,
New York, Individually and
on behalf of all other %
persons similarly situated,
CLARA BROADNAX, 87 Jefferson ,
Avenue, Rochester, New York,
Individually and on hehalf »
of all other persons
similarly situated, %
ANGELR&A REYES 378
COMPLAINT
2
COMPLAINT
Scio Street,
Rochester, New York,
Individually and on
behalf of all other
persons similarly situated,
ROSA SINKLER,Apartment
5-F, 10 Vienna
Street, Rochester,
New York, Individually
and on behalf of all other
persons similarly situated,
METRO-ACT OF ROCHESTER,
INC.,277 Goodman Street
North, Rochester, New
York,
Plaintiffs,
CmT
IRA SELDIN, Chairman,
TAMES HORNE,
MALCOLM M. NULTC IN,
ALBERT WOLF, JOHN
t
rm rormyr "na
be be
BiLEM, as members
of the Zoning Board
[f tie Town of Penfield;
GEORGE SHAW, Chairman,
JAMES HARTMAN, JOHN
i rreTTT T a 5)
i LLIAM: ; RICHARD
QQ iT mTwomntry
: DE, TIMOTHY
T
)
WESTBROOK, as members
of the Planning Board
of the Town of
Penfield; IRENE
IOSSIN, supervisor,
ANCIS J. PALLIS ‘HECK,
DR. DONALD HARE,
INDSEY EMBREY, WALTER
W. PRIER, aS members of
3
COMPLAINT
the Town Board of
the Town of Penfield, %
and the TOWN OF
PENFIELD, NEW YORK %
Defendants. %
— ———— —
Plaintiffs, above named, by their
attorneys, Robinson, Williams, Robinson
and Angeloff, as and for their complaint
against the defengants, allege:
FIRST That this is an actii
for declaratory judgment, injunctive
relief and money damages pursuant to
Title 42 USC 1981, 1982, and 1983 and
pursuant to Title 28 USC 2201 and for
damages and other relief based upon
certain pendant and ancillary common
law and statutory causes of action.
Jurisdiction is conferred upon this Court
by Title 28 USC 1331, 1343, and 2201.
In addition the Court has pendant and
ancillary jurisdiction over several causes
4 5)
COMPLAINT COMPLAINT
of action herein contained. their real estate lying within said
SECOND: That now and at all times municipal limits. In addition, the
hereinafter mentioned, the plaintiffs, -plaintiff Harris is a negro person who
Vinkey, Reichert, Warth, Harris are and is denied certain rights by virtue of
were citizens of the United States of her race all as is more hereinafter
America and of the State of New York set forth.
and are and were residents of the City THIRD: Plaintiffs, property
of Rochester, a municipal corporation owners and taxpayers of the City of
existing by virtue of the laws of the Rochester, are aggrieved in that they
State of New York and within the are paying a greater proportionate share
territorial limits of said state, and of real estate taxes to the City of
said plaintiffs are and were the owners Rochester than are other residents of
of real property lying within the the Rochester metropolitan area to their
territorial limits of said municipality respective towns because the City of
and they are and were taxpayers of said Rochester has and must continue to permit
municipality being liable to and for more than its fair share of tax abated
the payment of taxes and having paid housing projects within its territorial
taxes to said city, including real limits to meet the low and moderate income
property taxes with rates and amounts housing requirements of the metropolitan
based upon the assessed valuation of Rochester area by reason of the
6
COMPLAINT
exclusionary practices of defendants.
FOURTH: That now and at all times
hereinafter mentioned, the plaintiff Ortiz
is and was a citizen of the United
States of America and of the State of
New York and is and was a resident of
Wayland, New York, and said Ortiz is
and was the owner of real property
lying within the territorial limits of
the City of Rochester, a municipal cor-
poration existing by virtue of the laws
of the State of New York and within the
territorial limits of the State, and
he is and was a taxpayer of the municipal-
ity of Rochester, New York, being liable
to and for the payment of taxes and
having paid taxes to said city, including
real property taxes with rates and
amounts based upon the assessed valuation
of his real estate lying within said
7
COMPLAINT
municipal limits. In addition, plaintiff
Ortiz as a citizen of Spanish/Puerto
Rican extraction is denied certain rights
by virtue of his race all as is more
fully hereinafter set forth. Plaintiff
Ortiz is employed in the Town of Penfield,
New Yorkbut has been excluded from living
near his employment as he would desire
by virtue of the illegal, unconstitutional
and exclusionary practices of the Town
of Penfield as more particularly set forth.
FIFTH: That now and at all times
hereinafter mentioned, the plaintiffs
Broadnax, Reyes and Sinkler are and were
citizens of the United States of America
and the State of New York and are and
were residents of the City of Rochester,
New York, and are persons fitting within
the classification of low and moderate
income as hereinafter defined who solely
8
9
COMPLAINT COMPLAINT
by reason of tneir existing in said income persons.
classification are and were deprived of SEVENTH: Plaintiffs bring this
certain rights 8S hereinafter set forth. ‘action on their own behalf and on behalf
SIXTH: That now and at all times of other persons similarly situated
hereinafter mentioned, the plaintiff Metro- pursuant to Rule 23(b)(2) of the Federal
Act of Rochester, Inc. is and was a non- Rules of Civil Procedure. The classes
profit corporation organized pursuant which plaintiffs represent are composed of
to the laws of the State of New York all taxpayers of the City of Rochester,
with its principal office located in the all low and moderate income persons
City of Rochester, New York. Metro-Act residing in the City of Rochester, all
of Rochester, Inc. is a non-profit black and/or Puerto Rican/Spanish citizens
corporation with its main purpose being residing in the City of Rochester and all
to alert ordinary citizens to problems persons employed but excluded from living
of social concern; one effort of the cor- in the Town of Penfield who are affected
poration has been to inquire into the or may in the future be affected by the
reasons for the critical housing shortage defendants' policies and practices
for low and moderate income persons in the complained of herein. Plaintiffs and
Rochester area and to urge action on the the classes they represent have been and
part of citizens to alleviate the general continue to be discriminated against because
housing shortage for low and moderate of their race and income level in ways
10
COMPLAINT
which deprive them of the right to
residential housing, low and moderate
income multiple unit housing, and land use
opportunities equal to those enjoyed by
residents of the Town of Penfield. These
persons are so numerous that joinder of
all parties is impracticable. A common
relief is sought. The interests of the
classes are adequately represented by
plaintiffs. Defendants have acted or
refused to act on grounds applicable to
said classes.
EIGHTH: That now and at all times
hereinafter mentioned, the defendants Ira
Seldin, Chairman, James O. Horne,
Malcolm M. Nulton, Albert Wolf and John
Betlem are and were the members and do
now constitute the Zoning Board of the
Town of Penfield as constituted and
existing pursuant to Chepter 29 of the
11
COMPLAINT
Town Code of the Town of Penfield, New
York, adopted by the Town Board of said
Town on the 5th day of May, 1962 and
subsequently, and the defendant Ira Seldin
is now and was at all times hereinafter
mentioned the Chairman of said Zoning
Board and as such said defendants are and
were in charge of and/or had authority over
the administration of a certain zoning
ordinance of said Town of Penfield, all as
is more fully hereinafter set forth and of
granting variances and exercising other
administrative and/or discretionary
duties with respect to said zoning
ordinance and as such they and their
predecessors participated in and were
responsible for the activities, actions,
events and circumstances-hereinafter set
forth.
NINTH: That now and at all times
12
COMPLAINT
hereinafter mentioned, the defendants,
James Hartman, John D. Williams, Richard
C. Ade and Timothy Westbrook are and were the
members and dO now constitute the Planning
Board of the Town of Penfield, and the
defendant George Shaw is now and was at
all times hereinafter mentioned the Chair-
man of said Planning Board and as such said
defendants and their predecessors in
office are and were in charge of and/or
had authority over the processing, admin-
istration, and approval of certain low and
moderate income housing applications in the
Town of Penfield, all as is more fully
set forth herein and of granting planning
approval and exercising other administrative
and/or discretionary duties with respect
to said zoning ordinance and as such
they participated in and were responsible
for the activities, actions and events
and circumstances hereinafter set forth.
13
COMPLAINT
TENTH: That now and at all times
hereinafter set forth, the defendants,
Irene Gossin, Supervisor, Francis J.
Pallischeck, Dr. Donald Hare, Lindsey
Embrey and Walter W. Peter are and were
members of and do constitute the Town
Board of the Town of Penfield, Monroe
County, New York, and as such they and
their predecesscrs in office have passed
and have continued to maintain and refused
to alter a certain zoning ordinance in
said Town and they individually and/or
through their agents and/or employees
have participated in the actions, events,
activities and helped cause and create the
circumstances hereinafter set forth and
complained of.
ELEVENTH: That now and at all
times hereinafter mentioned, the defendant
Town of Penfield is and was a municipal
14
COMPLAINT
corporation organized and existing pur-
suant to the laws of the State of New
York and existing within the State of
New York and County of Monroe and lying
contiguous to the territorial boundaries
of the City of Rochester, New York.
TWELFTH: That pursuant to state
enabling legislation, the defendants
Gossin, Palischeck, Hare, Embrey and
Peter and/or their predecessors in office
constituting the Town Board of the Town of
Penfield, New York,on the 5th day of May
1962, adopted the zoning ordinance of
said Town being and constituting of
Chapter 29 of the Town Code of the Town
of Penfield of which sections 29-1 through
29-29 relating to zoning are attached
hereto as Exhibit A and made a part hereof.
THIRTEENTH: That said ordinance,
15
COMPLAINT
both as enacted and/or as administered by
the defendants afore named is violative of
the Constitution of the United States
and in particular, without intending
to limit, the First, Ninth and Fourteenth
Amendments thereof, and is further
violative of the statutory law of the
United States, and, in particular, with-
.out intending to limit, 42 USC 1981, 1982,
1983 and 1984.
FOURTEENTH: That the statute as
enacted and/or administered by the
defendants,has as its purpose and in
fact, effects and propagates exclusionary
zoning in said Town with respect to
excluding moderate and low income multiple
unit housing and further tends to exclude
low income and moderate income and non-
white residency in said Town and thereby
deprives persons and has deprived persons
16 17
COMPLAINT COMPLAINT
including the plaintiffs Harris, Ortiz, certain rights, privileges and immunities
Broadnax, Reyes and Sinkler of the same secured by the Constitution and laws of
right to inherit, purchase, lease, sell the United States.
and/or convey real property and to make SIXTEENTH: That contrary to the
and enforce contracts and to the full Constitution and laws of the United States
and equal benefit of all laws and pro-~ as hereinabove and hereinafter set forth,
ceedings for the security of persons the individual defendants and their
and property as are enjoyed by persons predecessors in office have arbitrarily
presently living in said Town. and capriciously and continuously, for a
FIFTEENTH: That said exclusions period of over fifteen (15) years last
and/or deprivations accomplished as passed, administered the provisions of the
aforesaid and/or hereinafter stated were said zoning ordinance by refusing to grant
caused, created and/or perpetuated by variances, building permits, and by use of
the individual defendants and others whose special permit procedures and other
identities are presently unknown, acting devices so as to effect and propagate the
under color of said zoning ordinarfe,the exclusionary and discriminatory policy,
New York State enabling statute, and the plan and/or scheme afore referred to and
custom and usage of the State and has also sO as to neglect and ignore the
subjected the plaintiffs and others minimum requirements of the population of
Similarly situated to be deprived of the Town of Penfield and the metropolitan
i8
COMPLAINT
Rochester area, including the City of
Rochester, considering the location and move-
ment of local industry, commercial establish-
ments, and population and considering also
population density, fluidity and rrowth of the
metropolitan Rochester area and have thereby
kept low and moderate income persons (without
the capital reocuirements to purchase real
estate) and non-white persons (most of whom
statistically exist in the afore referred to
income categories) from residing within the
boundaries of said Town of Penfield. That as
a result of the aforesaid, plaintiffs, Harris,
Ortiz, Broadnax, Reyes and Sinkler and others
similarly situated, have been unable to lease
sell, hold, purchase and/or convey real prop-
erty within said Town of Penfield, and they
have had to find living accommodations far and
apart from said Town and also from their
places of employment, and they have therefore
—
Jo)
COMPLAINT
had to incur additional added expenses by way
of commutine expenses to their places of
employment and others; and as a result, the
plaintiffs, Harris, Ortiz, Broadnax, Reyes,
and Sinkler, individually and/or collectively
have been damaged and/or.will in the future be
damaged in an amount in excess of Ten
Thousand Dollars ($10,000.00)
SCVENTEENTIH: That contrary to the Con-
stitution and laws of the United States as
hereinabove and hereinafter set forth, the
individual defendants and the defendant Town
have arbitrarily and capriciously and con-
tinuously for a period of over fifteen (15)
last past enacted, administered and enforced
the provisions of the ordinance as set forth
above as Exhibit A and have failed to amend,
modify, alter or waive the provisions of the
same including the amending, waivering,
altering and/or modifying the provisions of
20
COMPLAINT
the zoning map, the variance and set-back and
minimum lot reouirements, population density,
use density, units per acre density, floor area
and sewer requirements, traffic flow, ingress
and egress and street location requirements
so as to effect and propagate the exclusionary
discriminatory policy, plans, and/or schemes
afore referred to and also so as to neglect
and ignore the minimum reauirements of the
population of the Town of Penfield and the
metropoliten Rochester area including the
City of Rochester, considering the location
and movement of local industry, commercial
establishments, and population and con-
sidering also population density, fluidity,
and growth in the metropolitan Rochester area,
and thereby keep low and moderate income per-
sons (without the capital reouirements to
purchase real estate) and non-White persons
(most of whom statistically exist in the afore-
21
COMPLAINT
referred income categories) from residing
within the boundaries of the Town of Pen-
field. That as a result of the aforesaid
the plaintiffs Harris, Ortiz, Broadnax,
Reyes and Sinkler, and others similarly
situated, have been unable to lease,
sell hold, purchase and/or convey real
property within said Town of Penfield, and
they have had to find living accommodations
far and apart from said Town and also
from their places of employment, and
they have therefore had to incur additional
added expenses by way of commuting expenses
to their places of employment and others;and
as a FreSult,the Plaintiffs ,Harris, (rtiz,
Broadnax,Reyes and Sinkler, individually
22
COMPLAINT
and/or collectively have been damaged and/
or will in the future be damaged in an
amount in excess of Ten Thousand Dollars
($10,000.00).
EIGHTEENTH: That contrary to the
Constitution and laws of the United States,
as hereinabove and hereinafter set forth,
the individual defendants and the defendant
Town of Penfield have arbitrarily and
capriciously and continuously and for a
period of over fifteen (15) years last
past, refused to grant necessary tax
abatements and otherwise failed as duly
constituted legislative and administrative
bodies, and through their agents and
employees to cooperate with, assist, and
accommodate applicants for low and
moderate income multiple unit housing in
the Town of Penfield, all in furtherance
ra)
of a policy of exclusionary zoning as
23
COMPLAINT
afore stated regarded such housing and
also as to neglect and ignore the minimum
requirements of the population of the Town
of Penfield and the metropolitan Rochester
area, including the City of Rochester,
New York, given the location and »ovement
of local industry, commercial establish-
ments and population, and considering also
population growth, fluidity and density
in the metropolitan Rochester area and
they have thereby under color of law,
ordinance, custom, usage kept low and
moderate income class persons (without
the capital requirements to purchase real
estate) and non-white persons (most of
whom statistically exist in the afore
referred to income category) from residing
within the boundaries of the Town of Pen-
field. That as a result of the aforesaid
24
COMPLAINT
the plaintiffs Harris, Ortiz, Broadnax,
Reyes and Sinkler, and others similarly
situated, have been unable to lease, sell,
hold, purchase and/or convey real property
within said Town of Penfield, and they
have had to find living accommodations
far and apart from said Town and also
from their places of employment, and they
have there fore had to incur additional
added expenses by way of commuting expenses
to their places of employment and others;
and as a result, the plaintiffs Harris,
Ortiz, Broadnax, Reyes and Sinkler,
individually and/or collectively have
been damaged and/or will in the future
be damaged in an amount in excess of
Ten Thousand Dollars ($10,000.00),
NINETEENTH: That the provisions
of the zoning ordinance afore referred
to and the enactment and administration
20
COMPLAINT
of the same by the named defendants and
their predecessors in office under color
of law, ordinance, custom and usage
as hereinbefore and hereinafter set forth
with regard to lot area, set backs,
(including distances between units, front,
rear and side set backs, and street
set backs) population density, density
of use, units per acre, floor area,
sewer requirements, traffic flow, ingress
and egress, street location, for low and
moderate income multiple dwelling unit
housing, are contrary to the law and
Constitution of the United States in
that they make practically and economically
impossible the construction of sufficient
numbers of low and moderate income
multiple dwelling unit housing in the
Town of Penfield to satisfy the minimum
housing requirements of both the Town of
26
COMPLAINT
Penfield and the metropolitan Rochester
area including the City of Rochester, New
York, given the location and movement of
local industry, commercial establishments
and population, and considering also
population growth, fluidity, and density
in the metropolitan Rochester area, and
thereby kept and keep low and moderate
income persons (without the capital
required to purchase real estate) and non-
white persons (most of whom statistically
exist in the afore referred to income
categories) from residing within the
boundaries of the Town of Penfield. That
as a result of the aforesaid, the plaintiffs
Harris, Ortiz, Broadnax, Reyes and Sinkler,
and others similarly situated, have been
unable to lease, sell, hold, purchase
and/or convey real property within the
said Town of Penfield, and they have had
27
COMPLAINT
to find living accommodations far and
apart from said Town and also from their
places of employment, and they have
therefore had to incur additional added
expenses by way of commuting expenses
to their places of employment and others;
and as a result, the plaintiffs Harris,
Ortiz, Broadnax, Reyes and Sinkler,
individually and/or collectively have
been damaged and/or will in the future
be damaged in an amount in excess of Ten
Thousand Dollars ($10,000.00).
TWENTIETH: That the provisions of
the zoning ordinance afore referred to
including the provisions relating to the
zoning map and/or master plan and the
enactment and administration of the same
by the named defendants and their predeces-
sors in office under color of law, ordi-
nance, custom, and usage as hereinbefore
and hereinafter stated, is contrary to
28
COMPLAINT
the law and Constitution of the United
States in that it fails to allocate and
designate sufficient land of good quality
for the construction of low and moderate
income multiple unit housing in the Town
of Penfield to satisfy the minimum require-
ments and demands of the population of
the Town of Penfield and the metropolitan
Rochester area, including the City of
Rochester, New York, given the location
and movement of local industry, commercial
establishments, population and considering
also population density, growth and fluidity
in the metropolitan Rochester area, and
thereby keep low and moderate income per-
sons (without the capital required to
purchase real estate) and non-white persons
(most of whom statistically exist in the
afore referred to income categories) from
29
COMPLAINT
residing within the boundaries of the Town
of Penfield. That as a result of the
aforesaid, the plaintiffs Harris, Ortiz,
Broadnax, Reyes and Sinkler, and others
similarly situated, have been unable to
lease, sell, hold, purchase and/or convey
real property within said Town of Penfield,
and they have had to find living accommoda-
tions far and apart from said Town and also
from their places of employment, and
they have therefore had to incur additional
expenses by way of commuting expenses to
their places of employment and others;
and as a result, the plaintiffs Harris,
Ortiz, Broad.ax, Reyes and Sinkler
individually and/or collectively have been
damaged and/or will in the future be damaged
in an amount in excess of Ten Thousand
Dollars($10,000.00).
TWENTY-FIRST: That as a proximate
30 31
COMPLAINT COMPLAINT
cause of all of the above, the plaintiffs WSSS 28 She Suture be Camaged in an amount
Vinkey, Reichert, Warth, Harris, Ortiz and in excess of Ten Thousand Dollars ($10,000.00).
Metro-Act of Rochester, Inc., have been Seaee~ Cae oe wy CeReen of
damaged in that they have paid and/or are Ges G5 Wee Grere referred to, the afore-
ordinance > .
paying greater and/or additional real stated sscheme, acts, actions
estate taxes to the City of Rochester than aes VSSLelS TRS Tinth Anenduent
they would have had the defendants not aS SERS URIS CrGinance, scheme, acts,
acted as alleged, because the City of actions and activities are calculated
Rochester has and must continue to permit SO Geng ane in fact do Geny and/or dis-
more than its fair share of tax abated PEPEGS, COECAIR inaiionadie rignts re-
housing projects within its territorial tained by citizens of the United States,
limits to meet the low and moderate including the plaintiffs Vinkey, Reichert,
income housing requirements of the metro- Warth, Harris, Ortiz, Broadnax, Reyes,
politan Rochester area by reason of the Sinkler and Metro-Act of Rochester, Inc.,
ions
exclusionary practices of defendants, Soe Tees SESIRERSS, Scheme, A656, action
and as a result, the plaintiffs, Vinkey, and activities violate the Yourteenth
Reichert, Warth, Harris, Ortiz and Metro- Amendment to the United States Constitution
'
Act of Rochester, Inc. individually and/ and the plaintiffs' rights thereunder by
or collectively have been damaged and/or denying plaintiffs Vinkey, Reichert, Warth,
32
COMPLAINT
Harris, Ortiz, Broadnax, Reyes, Sinkler
and Metro-Act of Rochester, Inc. due
process of law and the equal protection
thereof, and this ordinance, scheme,
acts, actions and activities do further
violate the First Amendment rights of
the plaintiffs Vinkey, Reichert, Warth,
Harris, Ortiz, Broadnax, Reyes, Sinkler
and Metro-Act of Rochester, Inc., in that
they are denied the right to peaceably
assemble for the purpose of living within
the geographical limits of the said Town
of Penfield.
TWENTY -FOURTH? That there is no
legal basis under the Constitution and
laws of the United States for the ordinance
afore referred to and the actions, activities
plan and scheme afore related.
TWENT V~PIFPTH:; That by reason of
all of the acts, actions and/or activities
33
COMPLAINT
on the part of the defendants and their
predecessors in office hereinbefore and
hereinafter set forth, the plaintiffs and
others similarly situated have paid, are
now paying, and will in the future be
forced to pay greater taxes and/or sums
of money and/or exactions and/or taxes
based upon a higher rate of real estate
assessment, than do other persons owning
property and/or living in the metropolitan
Rochester area, and the plaintiffs and
others similarly situated have therefore
been subjected to unlike and/or discrimina-
tory taxes and/or exactions all as are
in violation of their rights under 42 USC
1981.
WHEREFORE, plaintiffs ask this Court
for a judgment and/or order:
A. Declaring the zoning ordinance of
the Town of Penfield, including the
34
COMPLAINT
provisions relating to the zoning
map and/or master plan, null and
void as contrary to the statutory
and constitutional law of the United
States of America.
B. Enjoining the defendants and
their successors in office from
administering and/or enforcing said
zoning act.
C. Compelling the defendants to
enact and/or administer a non-
exclusionary zoning ordinance
repairing and/or alleviating the
conditions and effects afore com-
plained of.
D. Granting the plaintiffs, jointly
and/or severally, damages actual
and/or exemplary, in the amount of
Seven Hundred Fifty Thousand Dollars
($750,000.00).
E. Assessing the damages incurred
by the members of plaintiffs’ class
and granting money judgment for said
sum.
F. Granting the plaintiffs such ot r
and further relief as to the Court may
seem just and proper.
vw
/s/ Frank A. Aloi
ROBINSON, WILLIAMS,
ROBINSON AND ANGELOFF
Attorneys for Plaintiffs
Office and Post Office
Address
700 Reynolds Arcade
Building
Rochester, New York
14614
Tel. 716-454-1990
§ 29-1,
§ 29.2,
§ 29.3.
§ 29.4.
§ 29.5,
§ 29-6,
§ 29.7.
§ 29.8.
§ 29.9,
§ 29.10,
§ 29-11,
36
EXHIBIT A
Chapter 29
ZONING
Title 7 nate DIV,
Purpose. IBRA R Y
Districts. JAN é 0 1972
Zoning Map, ROCH
Interpretation. ESTER, N, ¥.
Definitions.
Non-Conforming use.
Residential “AA” District.
Residential “A” District.
Front Yards — Residential Districts.
Apartment House or Multiple Dwelling District.
§ 29-111. Town House Dwelling District.
§ 29.11.20. Planned Unit Development District,
§ 29.11.21. General requirements for Planned Unit Developments.
§ 29.11.22. Planned Unit Development application procedure
and zoning-approval process.
§ 29.11.23. Site plan approval) process for Planned Unit
Developments,
§ 29.11.24. Other regulations applicable to Planned Unit
§ 29.11.25. Financial responsibility for construction in Planned
Unit Developments.
Developments.
§ 29.11.30. Multiple dwellings for the elderly.
2901
§ 29-12.
§ 29-13.
§ 29-14.
§ 29-15.
§ 29-16.
§ 29.17.
§ 29-18.
§ 29-19.
§ 29-20.
§ 29-20.1.
§ 29.20.2.
§ 29-21.
§ 29.22.
§ 29-23.
§ 29.24.
§ 29.25.
§ 29.26.
§ 29.27.
§ 29-28.
§ 29.29.
[HISTORY: Adopted, Penfield Town Board, 5-5-62; effective
5-19-62 as amendment of ordinance originally adopted 4-28-30
and amended 7-11-38 and 10-6-41. Subsequent
v4
‘
EXHIBIT A
Commercial districts.
Trailer Park District.
Industrial District.
Provisions applicable to all districts.
Signs.
Filling of land and dumping of waste material.
Motor vehicle supply station.
Utility or communication installations.
Recreational areas.
Swimming pools.
Golf courses.
Administration.
Building permits.
Certificate of occupancy.
Zoning Board of Appeals.
Appeal from decisions of Zoning Board of Appeals.
Amendments.
Penalties.
Repeal of existing ordinances.
Effective date.
amendments noted where applicable.]
2902
9-25-71
38
EXHIBiT A
§ 29-1. Title.
This ordinance shall be known as the ‘“Amended Zoning Or-
dinance of the Town of Penfield.”’
§ 29-2. Purpose.
The purpose of this ordinance is to promote the health, safety,
morals and general welfare of the Town of Penfield, by regulat-
ing and restricting the height, number of stories and size of
buildings and other structures, the percentage of lot that may
be oceupied, the size of yards, court, and other open spaces, the
density of population, and the location and use of buildings, strue-
tures and land for trade. industry, residence or other purposes,
all in accordance with a well considered plan for the development
of said Town so as to conserve and stabilize land values and to
protect the existing properties during the course of such develop-
ment, and also to establish penalties for the violation of such
regulations.
§ 29-3. Districts.
To carry out the foregoing purpose, the Town of Penfield is
hereby divided into districts which shal! be designated as follows:
Residential ‘‘AA"”’
Residential ‘‘A’’
Apartment House or Maltiple Dwelling Distrigt
Commerical
Trailer Park
Industrial
2903
39
EXHIwviTl A
§ 29-4. Zoning Map.
The location and boundaries of the foregoing districts are
herchy established as delineated on the Amended Zoning Map
filed with the Town Clerk of the Town of Penficld and in the
wescription of the boundaries thereof, filed therewith, and which
said map is hereby mare a port of this ordiranee and declared to
be the ‘‘OMicia!l Zoning Map of the Town of Penfield.”
§ 29-5. Interpretation.
In this ordinance, if not incorsistent with the context, the
singular may be taken for the plura! and the plural for the sin-
gular, except as to the number of permitted struetures; person
may include more than one, an association, co-partnership ors
corporation. If any section, paragraph, subdivision or provision
of this ordinance shall be held invalid, such invalidity shall appiy
only to the section, paragraph, subdivision or provision adjudg-
ed invalid, and the rest of this ordinance shall remain vali and
effective.
§ 29-6. Definitions.
Except where specifically defined herein, all words used in this
ordinance shall carry their customary meanings, Words used in
the present tense include the future and the plural includes the
singular; the werd ‘‘lot’’ includes the word ‘‘plat’’ or ‘‘parcel’’;
the word ‘‘building” includes the word ‘‘structure’’; the word
‘shall’ is intended to be mandatory; ‘‘oceupied’’ or ‘‘used’’
shall be considered as though followed by the words ‘‘or intend-
ed, arranged or i!esigned te be used or occupied”.
1. ACCESSORY STRUCTURE OR USE, A subordinate use or.
structure customarily incident to and located upon the same
lot occupied by the main use or structure.
2904
40
EXHIBIT A
. APARTMENT IIOUSE OR MULTIPLE DWELLING. A
structure arranged or designed to be occupied by two or
more families, two or more individuals or two or more
groups of individuals, living independently of each other,
exclusive of row dwellings. [Amended 1-4-65]
. BILLBOARD. Any outdoor signs, advertising medium,
structure or device which advertises, directs, or calls atten-
tion to any business, article, substance, service, or any
other thing which is painted, printed, pasted, posted or
affixed to any building, billboard, wall, fence, railing,
natural object or structure of any kind on real property
or upon the ground itself.
BOARDING HOUSE. A structure in which more than two
persons are supplied with meals and/or lodging for hire.
BUILDING LINES. The lines which delineate the area
on which a structure may be legally erected.
. BUILDING OFFICIAL. The official designated by the
Town Board of the Town of Penfield pursuant to the pro-
visions of the “Building Code Administration and Lot Con-
trol Ordinance” to administer the provisions of that ordi-
nanee aml of this zoning ordinanee.
. CLUB. Membership, social or recreational building, but
excluding one, the chief activity of which is a service
customarily carried on as a business.
. CORNER LOT. A lot or portion of a lot at the junction
of and abutting on two intersecting streets.
. CUSTOMARY AGRICULTURAL OPERATIONS. The use
of a pareel of land of five acres or more for gain in the
raising of agricultural products, livestock, poultry, and
duiry products. It includes necessary farm structures
within the preseribed limitations and the storage of neces-
sary equipment. It includes also the use of a parcel of
“land of less than five acres except that on such parcels,
the raising of fur-bearing animals, livery or boarding sta-
bles, dog kennels and the raising of livestock and poultry
for sale and slaughter is excluded and therefore prohibited.
2905
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
41
EXHIBIT A
DWELLINGS, ROW. A building consisting of a series
of one-family sections having a common wall between
adjacent sections.
FAMILY. Any number of individuals living together as —
a single housekeeping unit and preparing their food as
one unit.
FRONT. The front of a lot shall be the line of the lot cor-
responding with or approximately parallel] with and near-
est to the strect on which the lot faces as determined by
the Town Assessment roll.
FRONT YARD. The required open space between the
street or highway line and the front wall of the main
structure including any attachments thereto with the ex-
ception only of cornices or entrance steps.
GARAGE ATTACIIED. A private garage which is at-
tached to or forms an integral part of the main structure
on the lot.
GARAGE, PRIVATE. A structure used for the storage
of motor vehicles owned or used by the occupants on the
lot upon which it is erected for a purpose accessory to
the legal use of the lot and with no provision for repair-
ing or servicing such vehicles for profit.
GARAGE, PUBLIC. Any structure, not a private garage,
designed or used for the repair or storage of motor ve-
hicles.
‘GRADE. The average level of the finished surface of the
ground adjacent to the exterior walls of the building.
HABITABLE AREA. That area of a building designed
to be occupied by one or more persons for year-round
living, sleeping, eating or cooking, exclusive of basements,
garages and unheated breezeways or porches.
HEIGIIT-BUILDING. The vertical distance measured from
grade level to the highest level of a flat roof or to the
2906
7-23-6
20.
21.
23.
24.
25.
42
EXHIBIT A
average height of a pitched, gabled, hip or gambrel roof,
excluding bulkheads, penthouses, providing they are less
than 12 feet in height and do not sccupy more than 10% of
the area of the roof upon which they are located.
LODGING HOUSE. A structure in which more than two
persons are lodged for hire.
LOT. A pareel of land which is or may be ocrupied by a
structure or use with accessories thereto, including the open
spares thereon but excluding any part thereof within the
bounds of a highway.
. NON-CONFORMING STRUCTURE OR USE. A structure or
use of lund legally existing at the time of the enactment of
this ordinance which docs not conform with the regulations
set forth herein for the district in which it is situated.
PROFESSIONAL OFFICE. The office of a doctor, lawyer,
dentist and person performing any activity or service li-
eensed pursuant to the provisions of the Education Law of
the State of New York.
REAR YARD. The required open unoccupied space, mea-
sured perpendicularly from the rear lot line to the nearest
part of the main or accessory structure on the premises.
RESTAURANT. A permanent structure used for the serving
of meals with table or counter and chair facilities, exclusive
of hot dog stands or soft drink establishments.
SIDE YARD. The open unoccupied space measured per-
pendicularly from the side lot lines to the nearest part of
the main or accessory structure on the premises.
2907
10-23-47
43
EXHIBIT A
27. STREET OR HIGIIWAY LINE. The line whieh is the joint
boundary line between a lot and a street or highway right-
of-way.
28. STORY. The portion of a building which is between one
floor level and the next higher floor level or the roof. Ifa
Mezzanine floor area excecds one-third (4) of the area of
the floor immediately below, it shall be deemed to be a story.
A basement shall be deemed to be a story when its ccil-
ing is six (6) or more feet above the finished grade. A cellar
shall not be deemed to be a story if unfinished and without
human occupancy.
29. STORIES, NUMBER OF
(a) ONE-STORY BUILDING, may consist of a basement
and one floor providing the basement ceiling is less than
six (6) feet above grade.
(b) TWO-STORY BUILDING, may consist of a basement,
first and second floor providing the basement is less than
six (6) feet above grade.
(ce) ONE-AND-ONE-IALF STORY BUILDING, may con-
sist of a basement, first and second floor, providing the
distance from the second floor to the mean of the roof does
not exceed seven (7) feet and the basement cciling is less
than six (6) fect above grade.
30. STRUCTURALLY ALTERED. Any alternation whereby 4
structure is adapted to another or different use and to any
alteration or repair which would violate any of the regula-
tions herein.
10-25 -@7
31.
- 33.
34.
35.
44
EXHIBIT A
STRUCTURE, A building or anything constructed or erect-
ed which requires temporary or permanent location on or
the support of the soil, or which is attached to any structure,
exclusive, however, of portable or self-propelled equipment.
» USE, The purpose for which nny structure or any part there-
of and the premises or any part thereof is occupied or in-
tended to be occupied, or if either is unoceupied, the purpose
for which they may be occupied,
PRIVATE SWIMMING POOL. Any artificial pool of water
constructed or maintained outdoors for the purpose of pro-
viding swimming or bath facilities for a private family
and invited guests, in excess of two hundred (200) square
feet of horizontal area or over twenty (20) inches in depth,
shall constitute a private swimming pool. [Added 9.6.66,
amended 9-5.67]
GROUP SWIMMING POOL. Any artificial pool of water
constructed outdoors or indoors for the purpose of pro-
viding swimming or bathing facilities for more than one
private family and invited guests, shall constitute a group
swimming pool. [Added 9-6-66}
MOTOR VEILICLE SUPPLY STATION. A structure desig-
nated or used:
(1) For the sale to the public of auto accessories and tires,
oil, gasoline and other petroleum products customarily
used in the operation of an automobile;
(2) For the making of minor repairs, tune-ups, lubrication,
and tire changes of automotive vehicles,
The term does not inelude the making of major engine
repairs, body repairs, painting or dismantling of vehicles
or storage of disabled vehicles, [Added 7-5-67]
(The next page te 2000)
2908.1
45
EXHIBIT A
§ 29-7. Non-Conforming use.
Any lawful use existing at the time of the passage of this
Ordinance may be continued though not conforming to the regul-
ations of the district in which it is maintained subject to the
following regulations:
Structural alterations shall not execced 50% of asscased
valuation.
Enlargement of the structure is prohibited without change
to a conforming use.
Such use may only be continued on the premisca and in the
structure where it exists at the time of the adoption hereof.
Any structure destroyed by fire or other calamity may be
restored within twelve (12) months of such destruction
and the former use continued provided that the reconstruct-
jon shall not exceed the dimensions of the destroyed prop-
erty.
No change may be made in the non-conforming use. The
right to continue such non-conforming use shall immediate-
ly cease upon any such change unless such change has been
approved by the Zoning Board of Appeals.
The failure to exercise any non-conforming use for a period
of one year or more shall terminate such non-conforming
use of the structure or premises, and thereafter auch strne-
ture or premises shall be used only in conformity with the
provisions of this ordinanee.
At any time after the effective date of this ordinanee, upon
the written request of the user of any structure or premises,
or at the instance of the Building Official, a survey of any
existing legal use shall be made by said Official. Such sur-
vey shall thewafter be filed with the Zoning Board of
Appeals who shall thereafter recommend to the Town
Board the issuance by it of a Certificate of Existing Use
2909
46
EXHIBIT A
which shall clearly delineate the premises and structure
referred to and shall specify the nature and extent of such
existing use. Snch Certificate shall be prepared in triplicate,
one copy of which shall be filed with the Town Clerk; one
copy furnished the Zoning Board of Appeals and one copy
served personally upon the ewner or user. If such user be
not satisfiel with the certifieate as issued, he may, within
thirty (30) days of the receipt thereof, request a review
of such derision hy the Town Board whe shall hear and con-
sider said review, Following such consideration, said Town
Board may affirm, modify, enlarge or void such certificate
and shall thereupon cause to be issued a final Certificate
of Existing Use in conformity with its decision. If no such
review is requested by the user or if no proeeedings are
taken as provided by law to review the decision of the Town
Board, the Certificate, as the case may be, shall be and be-
come binding and conclusive upon the user or upon any
person or persons claiming in his rizht as to the applieation
of any provision of this Ordinance or in any action or
proceeding instituted hereunder, wpon the expiration of
thirty (30) days from the receipt of such Certificate or
amended Certificate by such user. The fee for the issuance
of any Certificate when issued at the request of the user
of any structure or premises shall be twenty-five dollars
($25.00).
§ 20-8. Residential AA District. ;
a. USES. No structure shall be erected, structurally altered,
reconstructed or moved and no strueture, land or premises shall
be used in any district designated on the OMiecial Zoning Map
of the Town of Penfield as a Residential ‘‘AA’’ District except
for one or more of the fullowing purposes:
1. One family dwelling.
2. Churches and similar places of worship.
Elementary, high schools, colleges, universities,
public parks and publie playgrounds.
2910
47
EXHIBIT A
4. Boarders and lodgerx not to exceed two (2) in
a one (1) family dwelling.
5. Customary agricultural operations, as the same
are herein defined, but excluding within one
hundred (100) feet of any lot line, any housing
of poultry or stabling of livestock or storage
of manure or other oder or dust producting
material.
6. Public library.
7. Municipal buildings or structures (including
Town, school and improvement or fire district).
b. ACCESSORY USES. The following accessory uses are
permitted in a Residential “*AA"’ Distriet when located on the
same lot with a permitted principal use.
1. Private garage, either attached or unattached to
the principal structure.
2. Professional offices (when part of the personal
residence of and used selely by professional
persons). and customary home occupations con-
ducted hy the resident only amd conducted in
the principle building only. There shall be no
evidence of such use other than an announee-
ment or sign not to exceed two (2) square feet
in area. Exterior alterations to the residence or
principle building whieh change the essertial
character thereof for such use are prohibited.
e. AREA OF STRUCTURES. No one story residential strue-
ture shall be hereafter erected unless it shall contain an habitable
area, exelusive of open porch or attached garage, of not less than
1,300 square feet; no one and one half story residence or split
level residential structure shall be hereafter ereeted unless it
shall contain an habitable area exclusive of open porch or at-
tached garage of not less than 1,400 square fect; and no two story
residential structure shall be hereafter erected unless it shall
contain an habitable area exclusive of open poreh or attached
garage of not less than 1,500 square feet.
2911
48
EXHIBIT A
d. MINIMUM SIZE LOTS. No structure shall be erected
on a lot other than a corner lot, unless such lot shall have a width
of at least one hundred (100) feet at the building line, an average
depth of at least two hundred (200) feet and a total ground area
of not less than twenty thousand (20,000) square fee. Corner
lots shall have a width of at least one hundred twenty-five (125)
feet at the building line, an average depth of at least two hun-
dred (200) feet and a total ground areca of not less than twenty
five thousand (25,C09) square feet. This provirion shall not apply
tc lots appearing on any subdivision plat heretofore approved or
of any existing lot of smaller size. In no case, however, shall the
size of the lot be smaller than the area necessary, Where necded,
fur adequate and sufficient individual sewage disposal and/or the
safe location of a potable water well, where needed.
e. YARDS. No church, school or other permitted structure
designed for public assembly or open to the public, hereafter
erected, structurally altered, reconstructed or moved in a Resi-
dential ‘‘AA” District shall be nearer to any street line than 100
feet, whether front or side and no such structure shall be nearer
than 100 feet to any interior or rear lot line. Every other per-
mitted structure hereafter erected, structurally altered, recon-
structed or moved in such District shall be no nearer to any
street line, whether front or side, than is provided under the
provisions of § 29-10 of this Ordinance and no such structure
shall be nearer than ten (10) feet to any interior side or rear
Jot line. The purpose of this provision is to establish suitable side
and rear yards.
§ 29.9 Residential ‘‘A’’ District.
a. USES. No structure shall be erected, strueturally al-
tered, reconstructed or moved and no atructure, land, or premises
shall be used in any district designated on the OMcial Zoning
Map of the Town of Penfield as a Residential ‘A’ District ex-
cept for one or more of the following purposes:
1. All uses permitted in a Residential ‘‘AA’’ Dis-
trict, subject to all the use restrictions specified
therefore im the provisions relating to said dis-
trict.
2912
49
EXHIBIT A
2. Lodging or boarding houses, where no more than
four persons are supplied with meals and/or
lodging for hire. [Amended 1-4-65]*
b. ACCESSORY USES. The following accessory uses are
permitted in a Residential “A” District when located on the
same lot with a permitted principle use.
1. Private carage, either attached or unattached
to the principle structure.
2. Trofessional offices (when part of the personal
residence of and used solely by professional per-
sens), and customary home occupations con-
dueted by the resident only and conducted in
the principle building only. There shall be no
evidence of such use other than an announce-
ment or sign not to exceed two (2) square feet
in area. Exterior alterations to the residence
or principle building which change the essen-
tial character thereof for such use are pro-
hib= ‘ed.
ec. AREA OF STRUCTURES. No one story resident struc-
ture shal! be hereafter erected unless it shall contain an habit-
able area exclusive of open porch or attached garage of not less
than 1,000 square feet; no story and a half or split level resi-
dential structure shall be hereafter ereeted unless it shall con- —
tain an habitable area exclusive of open porch or attached
garage of not less than 1.200 square fect; and no two story
residential structure shall be hereafter erected unless it shall
contain an habitable area exclusive of open porch or attached
garage of not less than 1,300 square fect.** [Amended 1-4-65]
* Editer’s Nete: Amendment repeaied 2. and renembered this sebsercction from 5.
** Edtter’s Note: Eliminated last sentence which referred te site requir. mente.
2913
20
EXHIBIT A
. d. MINIMUM SIZE LOTS. No structure shall be erected on
other than a corner lot, unless such lot shall have a width of at
least one hundred (100) fect at the building line, an average
depth of at least one hundred and fifty (150) feet and a total
ground area of not less than fifteen thousand (15,000) square
feet. Corner lots shall have a width of at least one hundred
twenty-five (125) feet at the building line, an average depth of
at least one hundred and fifty (150) feet and.a total ground
area of not less than eightecn thousand seven hundred and fifty
(18,750) square feet. This provision shall not apply to lots
appearing on any subdivision plat heretofore approved or of
any legally existing lot of smaller size. In no ease, however,
shall the size of the lot be smaller than the area necessary for
adequate and sufficient individual sewage disposal, and the
safe location of a potable water well, where needed.
e. YARDS. No structure hereafter crected, .structurally
altered, reconstructed or moved in a Residential “A’’ District,
shall be nearer to any strect line, whether front or side, or to
any interior or rear lot line than is provided under the provi-
sions of § 29-8, parograph e., of this ordinance.
§ 29-10. Front yards — Residential Districts.
For the purpose of establishing suitable front yards, no strue-
ture hereafter erected, structurally altered, reconstructed or
moved in any Residential District, shall be nearer to the center
line of any highway than herein provided:
1. 108 feet from the center line of the highway of the fol-
lowing streets and highways:
2914
o1
EXHIBIT A
Atlantic Avenue
Browncroft Boulevard
Carter Road
Fairport-Nine Mile Point Road
Five Mile Line Road
Penfield Road
Plank Road
Salt Road
2. [Added 8-3-64]. Ninety (90) feet from the center line of
the highway of the following streets and highways:
Baird Road, south of Penfield Road
Bay Road
Creek Street
Iluber Road
Harris Road
Jackson Road
State Road
Watson Road
Whalen Road
3. [Added 8-3-64]. Eighty-three (83) feet from the center line
of the highway of any street or highway not hereinabove spe-
cifically set forth. .
4. [Added 8-3-64]. Nothing in the foregoing shall prohibit
the construction of an addition to a lawfully existing residence,
provided that such addition shall not be constructed nearer
the center line of the highway than the existing residence, and
provided that such addition shall not be in violation of avy
side- or rear-line setback requirement imposed by this ordinance.
2915
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EXHIBIT A
§ 29-11. Apartment House or Multiple Dwelling District.
A. USES. No structure shall be erected, structurally altered,
reconstructed or moved, and no Structure, land or premises shall
be used in any district designated on the Official Amended Zon-
ing Map of the Town of Penfield as an Apartment-House or Mul-
tiple-Dwelling District, except for apartment houses and multiple
dwellings as defined in § 29-6, Paragraph 2 of this ordinance
and such accessory structures as are customarily incident to
and used in connection with such main structure,
B. AREA OF STRUCTURES: No apartment house or mul-
tiple dwelling, as herein defined, shall be hereafter erected, or
existing structure altered or reconstructed to become such, un-
less each unit thereof shall contain the following minimum habit-
able area:
Studio apartment (no bedroom) 500 square feet
One-bedroom apartment 600 square feet
Two-bedroom apartment 800 square feet
Three-bedroom apartment 950 square feet
C. MINIMUM LOT SIZE: (Amended 9-7-65] Every lot
in said district shall contain a minimum of three thousand five
hundred (3,500) square feet for each apartment living unit to
be erected thereon, shall be of such size that the horizontal
area of any structure or group of structures to be erected, or
as it or they shall exist after alteration or remodeling, shall not
Occupy more than twenty-five per centum (25%) of the area
of the lot. The horizontal area shall be the area determined by
projecting the extreme lines of the Structure vertically to a
horizontal plane. The horizontal area of a group of structures
located on the same lot shall be the combined areas of all build-
ings comprising the group.
D. YARDS: No structure hereafter erceted, structurally
altered, reconstructed or moved in said district shall be nearer
ret mt
a3
EXHIBIT A
to any street line than the height of the building or oulidings. and
in no event nearer than eighty (80) feet. No structure not in excess
of three (3) stories in height shall be nearer than twenty (20) feet
to any interior side or rear lot line. No structure from four (4) to
SIX (6) stories in height, inclusive, shall be nearer than thirty (30)
ttvt to any interior side or rear lot line, and no structure seven (7)
- ories or more in height shall be nearer than forty (40) feet to any
-aterior side or rear lot line. Where the rear or side lot line abuts
anv lot or land area in a residential district, such structure shall
not be located closer than one hundred (100) feet from the line
adjoining said residential district, and a fifty-foot strip im-
mediately adjoining said residential district shall be maintained
ws a landscape buffer area. [Amended 8-3-64]
k:. Off-street parking. All premises occupied by apartment
houses or multiple dwellings in this district shall provide and
maintain at the site of such structures and completely off the limit
of any street or highway an improved and usable parking area of
sufficient size to provide one and one-half (1! 2) parking spaces for
cach apartment or living unit to be contained in such structure, of
which requirement one (1) such parking space per apartment or
living unit shall be within an enclosed garage. All unenclosed
parking areas shall be screened from adjacent properties.
§ 29-11.1. Townhouse Dwelling District. |Added 6-2-69]
A. Definition. Townhouses are defined as buildings or dwelling
Kroups containing individual single-family units permitting
separation of such family groups by a party wall. |Amended 8-7-
42, effective 8-28-72]
B. Uses. No structure shall be erected, structurally altered,
reconstructed or moved and no structure, land or premises shall
be used in any district designated on the Official Amended Zoning
Mup of the Town of Penfield as a Townhouse Dwelling District,
except for townhouses as herein defined and such accessory
Structures as are herein enumerated.
C. Townhouses. No townhouse or clusters of townhouses as
herein defined shall be hereafter erected « CNisting structures
altered or reconstructed te become such except in accordance with
the following criteria:
24
EXHIBIT A
C. TOWN HOUSES. No town house or elusters of town houses
as herein defined shal! be hereafter erected or existing strne-
tures altered or reconstructed to become such except in ac-
cordance with the following criteria:
1. DENSITY LIMITATION. The overall density shall not
exceed nine (9) dwelling units per acre.
2. AREA REQUIREMENTS.
a) Lot size. No dwelling shall be erectéd on a parcel
of land that has less than twenty (20) feet
frontage.
b) Front yards (setbacks). No bwilding or part
thereof shall be erected or altered in this dis-
trict that is nearer the private street center line
upon which it fronts than forty-five (45) feet.
No building or part thereof shall be erected or
altered in this district that is nearer than sixty
(60) feet to the center line of a public or dedi-
eated road upon which it fronts.
If any building erected in this district faces a
public or dedicated road the opposite side of
which is either AA or A Residential District,
the front yard setback shall be that which is
required by the Residential District.
e) Side yard setbacks. A side yard setback of
thirty-five (35) fect is required from the center
line of a private road on each corner lot; sixty
(60) feet from the center line of a publie road
or dedicated road. No side yards shall be re-
quired of interior lots having a common wall.
A side yard setback of at least equal to the height |
of the highest adjacent building and no less
than twenty (20) feet shall be required between
building groups.
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EXHIBIT A .
d) Rear setback. A setback of at least thirty (30)
fect from any other structure or any external
boundary line is required on each lot.
3. HEIGIT LIMITATIONS. No building shall exceed two
and one-half (2'4) stories nor shall any building exceed
thirty-five (35) feet in height, except for permitted ac-
cessory structures as approved by the Planning Board as
hereinafter provided.
4. PARKING REQUIREMENTS. A minimum of two (2)
parking spaces shall be provided for each dwelling unit,
one (1) of which shall be completely enclosed and covered.
§. SPECIFIC REQUIREMENTS.
a) Unit size. No town-house-dwelling unit shall be
constructed, altered or reconstructed unless it
shall contain a minimum of one thousand two
hundred (1,200) square feet of habitable area
and be not less than twenty (20) feet in width.
b) There shall be no more than eight (8) individual
town-house units within each building or dwell-
ing group.
- ¢) The main structures and all accessory buildings
shall net ecenpy more than twenty-seven percent
(27% ) of the gross acrenge as shown on site plan.
6. PERMITTED ACCESSORY STRUCTURES AND USES.
The following accessory uses and structures are permitted
subject to the approval of the Planning Board of the
site plan and as hereinafter provided:
a) Private garages.
b) Group swimming peols, subject to provisions of
§ 29-20.1 of this ordinance, except that any pool
proposed as an integral part of a town-house pro-
2916.3
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EXHIBIT A
ject may be approved and a permit issued by the
Planning Board as a part of its site-plan approval.
¢) Parks, playgrounds and play areas to incinde
structural facilities incidental to recreational
areas, such as rest rooms, bathhouses and club-
houses, which facilities are limited to those that
are publicly owned or operated not for profit
of the town-house owners of the
for the bencht
district or a part thereof.
dad) Maintenance buildings.
7. SITE-PLAN REQUIREMENTS. The site plan submitted
for review, pursuant to § 29-15, Paragraph 11, of this
ordinance, shall include the foliowing items:
a) Topography, including existing and proposed con-
tours.
b) Proposed street system for both public and
private streets.
c) Proposed reservation for parks, playgrounds, rec-
reational areas and other open spaces.
d) Off-street parking spaces.
e) Types of dwellings and portions of the area
proposed therefor.
f) Locations of al! structures and parking spaces, in-
eluding number of parking spaces,
g) A tabulation of the total number of acres in
the proposed project and a percentage thereof
designated for the proposed dwelling types, and
total ground coverage.
h) A tabulation of overall density per gross acres.
i) Preliminary plans and elevations of the sevetal
dwelling types.
2916.4
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EXHIBIT A
j) Location and size of driveways.
k) Type and location, size and number of all plant-
ings.
1) All grassed areas.
m) All sidewalk areas.
n) Type and size of fences or hedges.
0) Design of the proposed buildings ineluding types
of finishes on exteriors.
Pp) Provisions for disposal of rubbish.
q) Location of all buildings on site to inelude dis-
tanee from lot lines.
r) Location and sizes of signs, if any.
8) Exterior lighting, if any.
§ 29-11.20. Planned Unit Development District.
[Added 6-1-70; effective 6-21-70]
A. Intent. It is the intent of the Planned Unit Develop-
ment (PUD) Article (§§ 29-11.20 throngh 29-11.25) to
provide flexible land use and design regulations through
the use of performance criteria so that small- to large-
scale neighborhoods or portions thereof may be developed
Within the town that incorporate a variety of residential
types and nonresidential uses, and contain both individual
building sites and common property which are planned
and developed as a unit. Such a planned unit is to
be designed and organized so as to be capable of sat-
isfartory use and operation as a separate entity without
necessarily needing the participation of other building
sites or other common property in order to function as a
neighborhood. This Article specifically encourages inno-
2916.5
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28
EXHIBIT A
vations in residential development so that the growing
demands for housing at all economie levels may be met by
greater variety in type, design and siting of dwellings
and by the conservation and more efficient use of land
in such developments.
This Article recognizes that the standard zoning fune-
tien (use and bulk) and the subdivision funetion (platting
aud design) are ‘appropriate for the regulation of land
use in areas or neighborhoods that are already snbstan-
tially developed, but that PUD teehniques for land de-
velopment may be more appropriate in areas of the town
that are not already substantially developed, This Article
recognizes that a rigid set of space requirements along
with bulk and use specifieations would frustrate the ap-
plication of the PUD concept. Thus, where PUD teeh-
niques are deemed appropriate through the rezoning of
lind te a PUD District by the Town Board, the set of
nse and dimensional specifieations elsewhere in this or-
dinanee is herein replaced by approval process in which
an approved plan beeomes the basis for continuing land-
use controls, Consequently, where the provisions of
§$ 29.3, 29.8, 29.9, 29-10, 29-11, 29-11.1, 29-12, 29-15,
29.21) and 29.20.1 of the amended Zoning Ordinance are
inconsistent with the provisions of this seetion, the pro-
visions of this seetion shall prevail.
. Objectives, In order to carry ont the intent of this
Article, a PUD shall achieve the following objectives:
(1) A maximum ehoice in the types of environment, oe-
cupaney tenure (e.g. cooperatives, individual owner-
ship, condominium, leasing), types of housing, lot sizes
and community facilities available to existing and po-
tential town residents at all economic levels,
(2) More usable open space and reerceation areas,
(3) More convenience in location of accessory commercial
and service arens,
2916.6
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EXHIBIT A
(4) The preservation of trees, outstanding natural topo-
graphy and geologic features and prevention of soil
erosion,
(5) A ercative use of land and related physical develop-
ment which allows an orderly transition of land from
rural te urban uses,
(6) An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower housing
costs,
(7) A development pattern in harmony with the objec-
tives of the Master Plan.
(8) A mere desirable environment than would be possible
through the strict application of other Articles of this
ordinanee,
§ 29-11.21. General requirements for Planned Unit Developments.
[Added 6-1-70; effective 6-21-70]
A. Minimum area. Under normal circumstances, the mini-
mum urea required to qualify for a PUD District shall
be one hundred (100) contiguous acres of land. Where
the applicart can demonstrate that the characteristics of
his holdings will meet the objectives of this Article, the
Mlanning Board may consider projects with less acreage.
. Ownership. The tract of land for a project may be
owned, leased or eontrolied either by a single person
or corporation, or by a group of individuals or corpora-
tions. An application must be filed by the owner or
jointly by owners of all property included in a project.
In the ease of multiple ownership, the Approved Plan
shall be binding on all owners.
. Location of PUD District. The PUD District shall be ap-
plicable to any area of the town where the applicant can
2916.7
12-23-70
EXHIBIT A
demonstrate that the cherneteristies of his holdings will
meet the objectives of this Article.
. Permitted uses. All uses within an aren designated as
a PUD Distriet are determined by the provisions of this
section and the approved plan of the project concerned.
(1) Residential uses. Residenees may be of any variety
of types. In developing a balaneed community, the
use of a variety of housing types shell be deemed
most in keeping with this Artiele. To insure a variety
of types of residences, to prevent overcrowding, to
encourage adequate light and air space for fire pro-
tection, the following criteria shall be met:
(a) A minimum of ten pereent (10%) by acreage
(b)
shall contain single-family detached dwellings
having the following minimum square feet of
habitable area exclusive of open poreh or at-
tached garage:
1 story 1,300 square feet
1'4%, story 1,400 square feet
2s story 1,500 square feet
Side and rear setbacks shall conform to § 29.8
of this ordinance.
Average density shall not exceed two (2) dwell-
ing units per nere.
A minimum of fourteen percent (14%) by aere-
age shall contain single-family detached dwellings
having the following square feet of habitable area
exclusive of open porch or attached garage:
1 story 1,000 - 1,300 square feet
1% story 1,200 - 1,400 square feet
2 = story 1,300 - 1,500 square feet
2916.8 ‘
12-25-70
(e)
(d)
(e)
61
EXHIBIT A
Side and rear setbacks shall conform to § 298
of this ordinanee. Average density shall not ex-
ered three (3) dwelling units per aere.
A minimum of seven percent (7%) by acreage
shall contain single-family detached or double
homes for sale.
Single-family detached homes shall have the fol-
lowing square fect of habitable area exclusive of
open perch or attached garage:
1 story 800- 900 square fect
114 story 1,000 - 1,100 square feet
2 story 1,100 - 1,200 square feet
Double homes for sale shall have a minimum
habitable area of nine hundred (900) square feet
per dwelling unit.
Side and rear setbacks under this subsection shall
conform to § 29-8 of this ordinar.. Average
density shall not exceed four (4) dwelling units
per acre.
A maximum of thirty percent (309) by acresge
may contain single-family detached dwellings hav-
ing the following square fect of habitable area
exclusive of open porch or attached garage:
1 story 850 - 1,000 square feet
11% story 1,050 - 1,200 square feet
2 story 1,150 - 1,300 square feet
No structure hereon shall be nearer than eight
(8) feet to any interior side or rear lot line.
Average density shall not exceed three (3) dwell-
ing-units per acre.
A maximum of twenty-seven percent (27%): by
acreage may contain multiple dwellings.
2916.9
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(f)
(g)
62
EXHIBIT A
The habitable arca of dwelling units shall con-
farm to the requirements of Paragraph B of § 29-
11 of this ordinance.
The herizental aren of all structures including
gurages shall not oceupy more than twenty per-
cent (20°F) of the land area allocated to the
multiple dwelling portion of the PUD.
Each dwelling unit shall have two (2) adequate
parking spaces, one (1) of which shall be within
an enclosed garage.
Average density shall not exeeed nine (9) dwell-
ing units per aere for town houses and twelve
(12) dwelling units per acre for apartments.
The setback for structures from any street shall
be as preseribed in Subparagraph (f) herein.
Tver shall be a distance between multiple-
dwelling buildings not less than the height of the
tallest building. '
Front setbacks shall be based on the funetion of
the strects. For state and eounty highways or
major town roads, no building unit shall be
closec than one hundred (100) feet from the high-
way line; for internal subdivision streets that
function a« collectors and feeders to major roads,
no building unit shall be closer than fifty (50)
from the street line; and on purely internal
streets, no building unit shall be closer than thirty
(30) feet from the street line.
In all residential areas, the acreage allocated to
the various types of residential uses shall include
all strects and highways therein, including one-
half (4%) the width of any abutting street or high-¢
way.
2916.10
12-25-70
63
EXHIBIT A
(2) Acerssory commerciot and service uses. For those
developments in excess of one hundred (100) acres,
commercial and service uses, not to exeeed two per-
cent (2%) of the total acreage, may be permitted
where such uses are sealed primarily to serve the
residents of the PUD.
(3) Customary accessory or associated uses, such as pri-
vate garages, storage spaces, recreational and com-
munity activities, churches and schools, shall also be
permitted or required as appropriate to the PUD.
(4) A minimum of ten pereent (1096) by acreage shall
be set aside for reereational use. Such land must be
usable for recreation, such as, but not limited to:
pienic areas, playgrounds, hiking trails, ball parks and
community centers, and shall be in addition to other
open space consisting of areas unsuitable for any use
aml whieh by its nature must be left in its natural
state for conservation purposes.
E. Common property in the PUD. Common property in a
PUD is a pareel or pareels of land, together with the im-
provements thereon, the use and enjoyment of which are
shared by the owners and occupants of the individual
building sites. When common property exists, the owner-
ship of such common property may be either public or
private. When common property exists in private owner-
ship, satisfactory arrangements must be made for the im-
provement, operation and maintenance of such common
property and facilities, including private streets, drives.
service and parking areas and reereational and open apace
Arcas.
§ 29-11.22. Planned Unit Development application procedure
and zoning-approval process.
[Added 6-1-70; effective 6-21-70]
A. General. Whenever any PUD is proposed, before any per-
mit for the erection of a permanent building in such PUD
2916.11
64
EXHIBIT A
shall be granted, and before any subdivision plat of any
party thereof may be filed in the office of the Monroe
County Clerk, the developer or his authorized agent shall
apply for and sceure approval of such PUD in accordance
with the following procedures:
B. Application for sketch plan approval,
(1) In order to allow the Planning Board and the devel-
oper to reach an understanding on basic design re-
quirements prior to detailed design investment, the
developer shall submit a sketeh plan of his proposal to
the Planning Board. The sketch plan shall be approxi-
mately to seale, though it need not be to the precision
of a finished engineering drawing: and it shall clearly
show the following information:
(a) The location of the various uses and their arcas
in eres.
(b) The weneral outlines of the interior roadway sys-
tem and all existing rights-of-way and easements,
whether public or private.
(c) Delineation of the various residential areas indi-
eating for each sueh area its general extent, size
and composition in terms of total number of
dwelling units, approximate percentage alloena-
tion by dwelling unit type (i.c., single-family de- -
tached, duplex. town house, garden apartments,
high-rise) and general deseription of the intended -
market structure (i.e. luxury, middle-income,
moderate-income, elderly units. family units,
ete.), plus a ealeulation of the residential density
in dwelling units per gross acre (total area in-
cluding interior roadways) for each such area.
(d) The interior open-space system.
(e) The overall drainage system.
2916.12
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695
EXHIBIT A
(f) If grades execed three pereent (396), or portions
of the site have a moderate to high susceptibility
to eresion, or a moderate to high susceptibility to
flooding and ponding, a topographic map show-
ing contour intervals of not more than five (5)
feet of elevation shall be provided, along with an
overlay outlining the above susceptible soil areas,
if any.
(gz) Principal ties to the community at large with re-
spect to transportation, water supply and sewage
disposal.
(h) Generai description of the provision of other
community facilities, such as schools, fire pro-
tection services and cultural facilities, if any, and
some indication of how these needs are proposed
to be accommodated.
(i) A location map showing uses and ownership of
abutting lands.
(2) In addition, the following documentation shall ac-
company the sketch plan:
(a) Evidence of how the developer's particular mix
of land uses meets existing community demands.
(b) Evidence that the proposal is compatible with the
goals of the official Master Plan.
(c) General statement as to how common open space
is to be owned and maintained.
(d) If the development is to be staged, a general in-
dication of how the staging is to proceed.
Whether or not the development is to be staged,
the sketch plan of this section shall show the
intended total project.
2916.13
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66
EXHIBIT A
(e) Evidence of any sort in the applicant’s own behalf
to demonstrate his competence to carry out the
plan and his awareness of the scope of such a
project, both physical and financial.
The Planning Board shall review the sketch plan and
its related documents, and shall render either a favor-
able report to the Town Board or an unfavorable re-
port to the applicant. The Planning Board may call
upon the County Planning Council, the Soil Conserva-
tion Service, and any other public or private consul-
tants that they feel are necessary to provide a sound
review of the proposal.
(a) A favorable report shall include a recommenda-
tion to the Town Board that a public hearing be
held for the purpose of considering PUD district-
ing. It shall be based on the following findings
which shall be included as part of the report:
[1] The proposal conforms to the Master Plan.
[2] The proposal mects the intent and objectives
of PUD as expressed in § 29-11.20.
[2] The proposal meets all the general require-
ments of § 29-11.21.
[4] The proposal is conceptually sound in that
it meets a community need and it conforms
te aceepted design principles in the proposed
functional roadway system, land use con-
figuration, open-space system, drainage sys-
tem and seale of the elements, both absolutely
and to one another.
{5] There are adequate services and utilities
available or proposed to be made available in
the construction of the development.
2916.14
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67
EXHIBIT A
(b) An unfavorable report shall state elearly the
reasons therefor and, if appropriate, point out to
the applicant what might be necessary in order to
reecive a favorable report. The applicant may,
within ten (10) days after receiving an unfavor-
able report, file an application for PUD district-
ing with the Town Clerk. The Town Board may
then determine on its own initiative whether or
not it wishes to call a public hearing.
(4) The Chairman of the Plawning Board shall certify
when all of necessary application material has been
presented, and the Planning Board shall submit its
report within sixty (60) days of such certification. If
no report has been rendered after sixty (60) days, the
applicant may proceed as if a favorable report were
given to the Town Board.
C. Application for PUD districting.
(1) Upon receipt of a favorabic report from the Planning
(2)
Board, or upon its own determination subsequent to
an appeal from an unfavorable report, the Town
Hoard shall set a date and conduct a public hearing
for the purpose of considering PUD districting for
the applicant's plan, in aceordance with the proce-
dures established under §$ 264 and 265 of the Town
Taw or other applicable law, said public hearing to
be conducted within forty-five (45) days of the
reecipt of the favorable report or the decision of
an appeal from an unfavorable report.
The Town Board shall refer the application to the
County Planning Council for its analysis and recom-
mendations, and the Town Board shall also refer the
application to the Town Engineer for his review.
(a) The Town Board shall give the County Planning
Council at least thirty (30) days to render its
2916.15
12-25-70
68
EXHIBIT A
report, and within forty-five (45) days after the
public hearing, the Town Board shall render its
decision on the application.
(b) The Town Engineer shall submit a report to the
Town Board within thirty (30) days of the re-
ferral duly noting the feasibility and adequacy
of those d-sign elements under his sphere of in-
terest. This report need only concern itself with
general conceptual acceptance or disapproval, as
the case may be, and in no way implies any fu-
ture aceeptance or rejection of detailed design
elements as will be required in the later site-plan
review stage. The Town Engineer may also state
in his repert any other conditions or problems
that must be overcome before consideration of
acceptance on his part.
D. Zoning fur Planned Unit Developments,
(1) If the Town Board grants the PUD districting, the
(2)
‘Zoniag Map shall be so notated. The Town Board
may? if it feels it necessary in order to fully protect
the publie health, safety and welfare of the commu-
nity, atiach to its zoning resolution any additional con-
ditions or requirements for the applicant to meet.
Such requirements may include, but are not confined
to, visual and acoustical sereening, land-use mixes,
order of construction and/or eceupancy, circulation
systems, both vehienlar and pedestrian, availability of
sites within the area for necessary publie services,
such as schools, fire houses and libraries, protection
of natural and/ or historie sites, and other such phys-
ival or sevial demands.
PLD districting shall be conditioned upon the fol-
lowing:
(a) Securing of final site-plan approval in accordance
with the procedures set forth in § 29-11.23.
2916.16
12-25-70
§ 29-11.23.
EXHIBIT A
(b) Compliance with all additional conditions and re-
quirements as may be set forth by the Town
Board in its resolution granting the PUD District.
Site plan approval process for Planned Unit
Developments.
[Added 6-1-70; effective 6-21-70]
A. Application for preliminary site plan approval. Applica-
tion for preliminary site plan approval shall be to the
Planning Board and shall be accompanied by the following
information prepared by a licensed engineer, architect
and/or lansenpe architect:
(1)
(2)
(3)
An areca map showing applicant’s entire holding, that
portion of the applieant’s property under considera-
tion, and all properties, subdivision, streets and ecase-
ments within five hundred (500) feet of applicant’s
property
A topographic map showing contour intervals of not
more than one (1) foot of clevation shall be provided.
A preliminary site plan including the following in-
formation:
(a) Title of drawing, including name and address of
applicant.
(b) North point, scale and date.
(ec) Boundaries of the property plotted to scale.
(d) Existing watercourses.
(e) A site plan showing location, proposed use and
height of all buildings; location of all parking
and truck-loading areas, with access and egress
drives therete; location and proposed develop-
2916.17
12-25-78
70
EXHIBIT A
ment of all open spaces including parks, play-
grounds and open reservations; location of out-
duor storage, if any; location of all existing or
proposed site improvements, including drains,
culverts, retaining walls and fences; description
of method of sewage disposal and location of
such facilities; loeation and size of all signs; lo-
cation and proposed devclopment of buffer areas;
lecation and design of lighting facilities; and
the amount of building area proposed for non-
residential uses, if ony.
(4) A tracing overlay showing all soil areas and their
classifications, and those areas, if any, with moderate
to high susceptibility to flooding, and moderate to
high susceptibility to erosion. For areas with po-
tential erosion problems, the overlay shall also in-
clude an outline and description of existing vegeta-
tion.
B. Factors for consideration. The Planning Board's review
of a preliminary site plan shall include, but is not limited
to,
the following considerations:
(1) Adequacy and arrangement of vehicular-traffie ac-
(2)
(3)
(4)
eess and circulation, including intersections, road
widths, channelization structures and traffie controls.
Adequacy and arrangement of pedestrian-traffie ae-
cess and circulation including: separation of pedes-
trian from vehicular traffie, walkway struetures, con-
trol of intersections with vehicular traffie and pedes-
trian convenience.
Location, arrangement, appearance and sufficiency of
off-street parking and loading.
Location, arrangement, size and design of buildings,
lighting and signs.
2916.18
12 - 23-70
71
EXHIBIT A
(5) Relationship of the various uses to one another and
(6)
(7)
(8)
(9)
(10)
(11)
their scale.
Adequacy, type and arrangement of tree, shrubs and
other landscaping constituting a visual and/or a
noise-deterring buffer between adjacent uses and ad-
joining lands.
In the case of apartment houses or multiple dwellings,
the adequacy of usable open space for playgrounds
and informal recreation.
Adequacy of storm water and sanitary waste-disposal
facilities.
Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding
and ponding and/or erosion.
Protection of adjacent properties against noise, glare,
unsighiliness or other objectionable features.
Conformance with other specific charges of the Town
Board which may have been stated in the zoning reso-
lution,
Tn its review the Planning Board may consult with
the Town Engineer and other town and county offi-
cials, as well as with representatives of federal and
stute agencies, ineluding the Soil Conservation Ser-
vice and the New York State Department of Conserva-
tien. The Planning Board may require that exterior
design of all structures be made by, or under the
direction of, a registered architect whose seal shall be
affixed to the plans. The Planning Board may also
require such additional provisions and conditions that
appear necessary for the public health, safety and
general welfare.
C. Action on preliminary site plan application. Within ninety
(90) days of the reccipt of the application for preliminary
2916.19
12-25-70
72
EXHIBIT A
site plan apprevel, the Phoanning Board shall act on it.
If vo decision is made within said ninety-day period, the
preliminary site plan shall be considered conditionally
yupreved. The Manning Board's action shall be in the
form of a written statement to the applicant stating
whether or net the preliminary site plan is conditionally
avereved, A copy of the appropriate minutes of the
Planning Beard shall be a sufficient report.
The Planning Board's statement may inelude recommenda-
tions as te desirable revisions to be incorporated in the
final site plan, of whieh conformanee with shall be con-
dered a eondition of approval. Such recommendations
chall ke considered a condition of approval. Such recom-
mcndations shall be limited, however, to siting and di-
mensional details within general use areas, and shall not
significantly alter the sketch plan as it was approved in
the zoning proceedings,
If the preliminary site plan is disapproved, the Planning
Roard’s statement shall contain the reasons for such
findings. Tn such ease, the Planning Board may recom-
mond further study of the site plan and resubmission of
the preliminary site plan to the Planning Board after it
has heen revised or redesianed.,
No modification of existing stream channels, filling of
lands with a moderate to high susceptibility to flooding,
ereling or removal of vegetation in areas with moderate
to high susceptibility ta erosion, or excavation for and
construction of site improvements shall begin until the
developer has reeeived preliminary site plan approval,
Failure ta comply shall be construed as a violation of the
Zoning Ordinance and, where necessary, final site plan
approval may require the modification or removal of
unapproved site improvements.
. Request for changes in sketch plan. If in the site plan
development it becomes apparent that certain elements of
2916.20
12-23-78
73
EXHIBIT A
the sketeh plan, as it has been approved by the Town Board,
are unfeasible and in need of signifieant modification, the
opplicont shall then present his solution to the Planning
Board as his preliminary site plan, in aeeordanee with the
aheve procedures, The Planning Board shall then deter-
mine whether or not the modified plan is still in keeping
with the intent of the zoning resolution. If a negative de-
cision is reavhed, the site plan shall be considered as
disapproved, The developer may then, if he wishes, pro-
duce another site plan in conformance with the approved
sketeh plan. If an affirmative decision is reached. the
Planning Board shall so notify the Town Board, stating
all of the particulars of the matter and its reasons for
fecling the project should be continued as modified.
Preliminary site plan approval may then be given only
with the consent of the Town Board.
. Application for final detailed site plan approval. After
receiving conditional approval from the Planning Board
on a preliminary site plan, and approval for all necessary
permits and curb cuts from state and county officials, the
applicunt may prepare his final detailed site plan and
submit it to the Planning Board for final approval; ex-
cept that if more than twelve (12) months have elapsed
between the time of the Planning Poard’s repert on the
preliminay site plan and if the Planning Board finds that
conditions have changed significantly in the interim. the
Planning Board may require a resubmission of the pre-
liminary site plan for further review and possible revi-
sion prior to accepting the proposed final site plan for
review.
The final detailed site plan shall conform substantially to
the preliminary site plan that has received preliminary
site plan approval. It should incorporate any revisions or
Other features that may have been recommended by the
Planning Board and/or the Town Board at the prelim-
2936.21
74
EXHIBIT A
inary review. All such eompliances shall be clearly in-
dieated by the applicant on the appropriate submission.
_ Aetion on the final detailed site plan application, Within
sixty (60) days of the receipt of the application for final
site plan approval. the Planning Board shall render 4
d-eision to the applicant and so notify the Town Board.
If no decision is made within the sixty-day period, the
final plan shall be considered approved.
(1) Upen appreving an application, the Planning Board
shall endorse its approval on a copy of the final site
plan and shall forward it to the Building Inspeetor,
who shall then issue a building permit to the appli-
cant if the project conforms to all other applicable
requirements.
(2) Upon disapproving an application, the Planning Board
shall so inform the Building Inspector. The Planning
Reard shall also notify the applicant and the Town
Roard in writing of its decision and its reasons for
disapproval. A copy of the appropriate minutes may
suffice for this notice.
. Staging. If the applicant wishes to stage his development,
and he has so indicated. then he may submit only those
stages he wishes to develop for site plan approval, in
aveordanee with his staging plan. Any plan which re-
quires more than twenty-four (24) months to be com-
pleted shall be required to be staged. and a staging plan
must be developed. At no point in the development of a
PUD shall the ratio of vonresidential to residential
acreage or the dwelling unit ratios between the several
different housing types for that portion of the PUD
completed and/or under construction differ from that of
the PUD as a whole by more than twenty percent (20%).
2916.22
12 - 25-70
79
EXHIBIT A
§ 29-11.24. Other regulations applicable to Planned Unit
Developments.
[Added 6-1-70; effective 6-21-70]
A. Regulation after initial construction and oceupancy. For
the purpose of regulating and development and use of
property after initial construction and oceupaney, any
changes other than use changes shall be processed as a
special pernit request to the Planning Board. Use changes
shall also be in the form of a request for special permit
exeept that Town Board approval shall be required. It
shall be noted, however, that properties lying in PUD
Distriets are unique and shall be so considered by the
Planning Board or Town Board when evaluating these
requests, and maintenanee of the intent and function of
the planned unit shall be of primary importance.
. Site-plan review. Site-plan review under the provisions
of this Article shall suffice for Planning Board review of
subdivision under town subdivision regulations, subject
to the following conditions:
(1) The developer shall prepare sets of subdivision plats
suitable for filing with the office of the Monroe
County Clerk in addition to those drawings required
above.
(2) The developer shall plat the entire development as a
subdivision ; however, PUD’s being developed in stages
may be platted and filed in the same stages.
(3) Final site-plan approval under § 29-11.23F shall con-
stitute final plat approval under the town subdivision
regulations, and provisions of § 276 of the Town Law
requiring that the plat be filed with the Monroe
County Clerk within ninety (90) days of approval
shall apply.
2916.23
76
EXHIsSIT A
§ 29-11.25. Financial responsibility for construction in Planned
Unit Developments.
[Added 6-1-70; effective 6-21-70]
No building permits shall be issued for construction within
a PUD District until improvements are installed or performance
bond posted in accordance with the same procedures as provided
for in § 277 of the Town Law relating to subdivisions. The
Town Board may require other proof of financial responsibility
of the developer so as to insure completion of each phase of any
development.
§ 29-11.30. Multiple dwellings for the elderly.
(Added 7-6-71, effective 8-1-71]
The Town Board may, on special application, issue a permit
for the construction and maintenance of multiple dwellings for
the elderly, as hereinafter defined, in any district of the town
except Residential “AA” District.
A. “Multiple dwelling for the elderly” is defined as a build-
ing or a group of buildings whose primary purpose is to
house one (1) or more persons of the age of sixty (60)
years or more in independent living accommodations, but
not including independent kitehen and dining facilities.
Central kitchen and dining facilities to permit the congre-
gate feeding of the residents are a required part of the
concept. The following aceessory facilities may be in-
cluded within the structure or structures: Ilobby shop,
game rooms, library, meeting rooms, health center.
B. No such permit shal! be issued until the application has
been referred to the Planning Board for a recommendation.
Prior to recommending the issuance of such permit, the
Planning Board shall find after publie notice and hearing
that:
2916.24
77
EXHIBIT A
(1) The proposed use at the particular location is necea-
sary or desirable to provide a servics or facility which
will contribute to the general well-being of the
neighborhood or the community.
(2) The proposed use would not endanger or tend to en-
danger public health, safety, morals or general wel-
fare of the community, In making such determination,
the Board shall consider: lot areas; necessity for and
size of bulfer zones; type of construction; parking fa-
cilities; traffie hazards; fire hazards; offensive odors,
smoke, fumes, nuise and lights; the general character
of the neighborhood ; the availability of public sewers;
the nature and use of other premises and the location
and use of other buildings in the vicinity; and whether
or not the proposed use will be detrimental] to
neighborhood property.
(3) The proposed use will be in harmony with the probable
future development of the neighborhood and will not
discourage the appropriate development and use of
adjacent lands and buildings or impair the value
thereof.
C. After receiving the recommendation of the Planning Board,
the Town Board may grant such a permit, or refuse to
grant the same, as hereinafter provided:
(1) If the Planning Board has recommended the granting
of the permit, the Town Board may grant the same
forthwith.
(2) If the Planning Board has recommended the denial
of the permit, the Town Board may deny the same
forthwith.
(3) If the Planning Board has recommended the granting
of the permit, the Town Board may deny the same
after publie notice and hearing.
2916.25
79
78 .
EXHIBIT A EXHIBIT A
1. Any use permitted in any residential! distriet, subject to
‘4) If the Planning Board has recommended the denial all of the provisions applicable to such use in such district,
of the permit, the Town Board may grant the same unless specifically modified herein.
after public notice and hearing, and after making
the findings provided in Paragraph B of this section. 2. Billiard hall, bowling alley, dance hall, pool hall and
theatre; provided that:
D. In granting such a permit the Town Board may attach
such conditions and limitations as it considers desirable
in order to assure compliance with the application and
the purposes of this ordinance.
(a) If the premises on which a structure for such
use is located adjoins a residential district, the
part of the structure facing such residential
district shall have no openings other than fixed
E. Subject to the payment of the annual renewal fee, as windows.
hereinafter provided, any such permit granted hereunder
shall be deemed to be indefinitely extended; provided,
however, that it shall expire if the special use shall be
terminated, abandoned or cease for more than six (6)
months for any reason, or if there is a default in the
payment of the renewal fee; and further provided that
it may be revoked by the Town Board after due hearing
on not less than ten (10) days’ notice to the person hold-
ing such permit in the event the use thereof violates any
of the conditions or restrictions imposed by the Town
Board upon the issuance of such permit or shall have
become a nuisance.
F. The Town Clerk of the Town of Penfield shall issue a
permit to the applicant upon a proper resolution by the
Town Board and the payment of a fee of one hundred
dollars ($100.) and shall issue a renewal annually there-
after in January of each year upon payment of a like fee.
Paice: | 4
BEST COPY AVAILABLE
§ 29-12. Commercial districts.
A. USES: No structure shall be erected, structurally altered,
reconstructed or moved, and no structure, land or premises shall
be used in any commercia] district designated as such on the
Ofticial Zoning Map. of the Town of Penfield, except for one (1)
or more of the following purposes:
{The next page is 2917)
2916.27
2916.26 $-25.T1
80
EXHIBIT A
Roat salen and service.
. Bus passenger station.
5. Cemetery or burial ground by special permit of the Town
‘Board.
6. Commercial parking areas.
7. Convalescent or nursing home.
8. ‘Drive In’ restaurants and dairy bars, where persons
11,
12,
13.
14.
15.
16.
17.
are served in automobiles; provided that the nearest point
of the property is not less than two hundred (200) feet
from the boundary of any residential district.
Dry cleaning and laundry collection stations.
Hospital.
Hotel and Motel.
Institutions.
a) Charitable
b) Educational
¢) Financial
d) Religious
e) Fraternal
f) Social
Laundry, dry cleaning and dyeing establishments (inelud-
ing coin-operated) provided that no more than five (5)
persons are employed on the premises in laundry, dry
cleaning and dyeing process or combination thereof.
Medical clinic.
Monument works may be permitted only when adjacent to
a cemetery.
Mortuary or Undertaking parlors.
Officers.
, Business
b) Insurance
2917
18.
19.
20.
to
re)
81
EXHIBIT A
¢) Professional
d) Real Estate
Public parking garage.
Restanrant, grill, bar, cafe, cocktail lounge and night elub,
including dancing and entertainment, provided that if the
premises on which a structure for such use is located ad-
joins a residential district, the part of the structure facing
such residential district shall have no openings other than
fixed windows.
Sanitarium.
. Schools (business or commercial), provided machinery
used for instructional purposes is not objectionable due to
noises, fumes, dust, smoke, odor or vibration.
Shops.
a) Antique.
b) Art.
¢) Artists’ supply.
d) Bakery or pastry (employing not more than five
(5) persons in production).
¢) Barber, beauty and personal service.
f) Bicycle (sale and repair).
g) Book.
h) Farm implements (sale and repair).
i) Florist.
j) Gift.
k) IIcating, plumbing, air conditioning and
electrical. .
1) Luggage.
m) Motor vehicle (sale and repair).
n) Printing and publishing.
2918
0) Shoe repair.
P)
q)
23. Stores.
a)
v)
¢)
d)
e)
f)
g)
h)
i)
j)
kk)
1)
m)
n)
0)
P)
q)
r)
8)
t)
82
EXHIBIT A
83
EXHIBIT A
2) Stationery.
Tailor (employing not more than five (5)
persons in production. +) Variety.
Tire amd bavtery (exelusive of rebuilding
operations).
24. Studios.
a) Artist. dance and music (for instruction only).
‘b) Photography.
Appliance (employing net more than five (5)
persons in repair or servicing).
to
cr
. Other uees which, after a public hearing, the Board of
Appeals shall find are of the same general character as
these listed above and which will not be detrimental to the
district in which they are to be located.
Athletic and sperting guods.
Rusiness machines.
Clothing and clothing accessories. B. MINIMUM SIZE LOTS. No strueture shall be hereafter
erected, structurally altered, recomstrneted or moved on a lot in a
Commerrial District uniess such lot shall conform to the following
Confectionery and soda fountain.
Delicatessen, requirements:
Drug.
~ od a) If sail lot is to be used for residentin! purposes, it shall have
ry goods.
a width, average depth and total ground arca of a permis-
Furniture (employing not more than &ve (5) sible lot in a Residential ‘‘A’’ District.
persons in repair or servicing).
b) If said lot is to be used for a business purpose and a sanitary
sewer is available, it shall be of such width, depth and total
ground area so that any structure to be ereeted thereon shall
occupy no more than forty per cent (404) of the total ground
area, and all yard requirements hereinafter set forth are
met. In arcas where there are no sanitay sewers, such lot in
adilition to complying with the foregoing requirements,
shall be not less than one hundred (100) feet in width at the
building line; have an average depth of one hundred fifty
(150) feet; and a total ground prea of fifteen thousand
(15.000) square fect.
Grocery or meat market.
Ilardware.
Jewelry.
Farm, garden and nursery supply stores.
Leather goods.
Liquor (package).
Music, radio and television stores and repair.
There shall be no loudspeakers on the streets.
Notions. C. YARDS. No structure hereafter erected, structurally alter-
ed, reconstructed or moved in a Commercial District shall be near-
er than eighty (80) fect to any front lot line, thirty (39) feet
from the rear lot line nor twenty (20) fect from any side lot line,
except that where the rear or side lot line abuts any lot or iand
area in a residential district, such structure (unless for a use per-
Optician and Optometrist.
Photographie (equipment and supply).
Shoe.
2919
2920
84
EXHIBIT A
mitted only under and subject to the provisions of Subdivision A,
paragraph 1 of this Scction), shall not he located closer than one
hundred (100) fect from the line adjoining said residential dis-
trict and a fifty (50) foot strip immediately adjoining said resi-
dential district shall be maintained as a landscaped buffer area.
Upon the filing of proper plans, the Zoning Board of Appeals
may on application permit a strueture to be erected on or in close
proximity to one side let line and/or the rear line provided; (1)
the wall of the structure adjoining said lot line shall be a Class
**A’’ Fire wall; (2) the written consent of all property owners ad-
joining said lot lines is filed with the Board; and (3) said side or
rear lot line dors not adjoin land in a residential district.
D. MISCELLANEOUS REQUIREMENTS
(a) Any structure, hereafter erected or moved in a Commercial
Distriet to be used or oceupied solely for residential pur-
poses, shall he subject to all the conditions ond restrictions
applying to a Residential ‘‘A” District.
(b) No other structure, or group of structures, shall hereafter
be erected and no structure, land or premises shall be used
in a Commercial District unless the following requirements
are fully observed:
1. All such operations within a Commercial Distriet,
incluwling the storage of equipment, fixed or port-
able, motor vehicles and of materials, are to be
suitably housed and enclosed.
2. No such equipment, fixed or portable, motor ve-
hicles or materials shall be permitted to \e stored
or displayed nor shall any stands for sale or dis-
play be permitted in such a district ontside an en-
closed building unless a special permit therefor
shall have first been obtained from the Zoning
Board of Appeals. Such Board may permit the out-
door display or storage of such equipment or ma-
terials upon such conditions as it may deem reas-
onable provided; (1) such storage and display is
2921
89
EXHIBIT A
an accessory use to the main business conducted
or to be conducted on the premises; (2) such stor-
age and display is not within one. hnndred (100)
fect of the line of a residential district; (3) such
storage and display is not at such distance from
any public highway as to interfere with the safe
nse of such highway; (4) such storage and dis-
May docs not unreasenably interfere with the
quiet cnjoyment of property by adjacent proper-
ty owners. The fee for the issuance of such a per-
mit shall be Ten Dollars ($10.00), Any permit
granted hereunder may be revoked by the Zoning
Board of Appeals after due hearing on not less
than ten days written notice to the person hold-
ing such permit in the event that the holder of
such permit violates any of the conditions of the
issuance thereof cr of this section.
. AM uses within a Commercial District, all struc.
tures erected therein and all proeesses hereafter
permitted in said districts shall be so designed
tel arranged 2s te prevent noxious gases, fumes,
dust, odors, smoke or noises from being discharg-
el to the outside air, in such quantities as to be-
come a nnisanee, or any contaminated liquids con-
taining cither deleterious, biological compounds
or chemical constituents from being discharged
into any watercourse.
At any time when the specific use originally per-
mitted within a Commercial District is to be
changed so that it involves a separate, different
an! distinct use, process or product, application
must be made to the Zoning Board of Appeals for
a permit, at which time the Board may require
that any and all phases of the operation, which
have become or are liable to become detrimental
to the neighborhood, be corrected prior to the is-
suance of such permits.
2922
86
EXHIBIT A
§ 29-13. Trailer park district.
(a) USES. No strueture shall he erected, structurally altered,
reconstrneted or moved and no strueture, land or premises shall
be nosed in any district designated on the Oficial Zoning Map of
the Town of Penfield as a Trailer Park District except for one or
more of the following purposes:
1. “All uses permitted in a Residential ‘‘A’’ District, subject to
all of the conditions and requirements applying to uses per-
mitted in such a Residential ‘‘A’’ District.
)
Trailer parks subjeet to all of the provisions of the Tourist
Camp and Ifouse Trailer Ordinances of the Town of Pen-
ficll as the same may be in force at the present time and as
it may be hereafter amended.
3. Such commercial uses as may be accessory to the operation
of a Trailer Park as may be approved by the Zoning Board
of Appeals.
4. No addition to any Trailer Park shall be construct@d within
two hundred and fifty (250) feet of the line of any Residen-
tial District, of which area, a fifty (50) foot strip immedi-
ately adjoining said residential district shall be maintained
ax a landscaped buffer area. ‘
§ 29-14. Industrial district.
A. PERMITTED USE. No strneture shall be erected, strue-
turally altered, reconstructed or moved, and no structure, land or
preinises shall be used in any distriet designated on the official
zoning map of the Town of Penfield as an Industrial District ex-
eept for one or more of the following purposes:
1. Any use (other than residential), permitted in a Commer-
cial District subject to the restrictions applicable thereto,
and set forth in the provision relating to said District, ex-
cept only the restriction relating to the number of employ-
ees.
2923
87
EXHIBIT A
2 Customary and ordinary industrial uses which are conduet-
ed wholly within a building are permitted. Those uscs of
lands, buildings, structures or industrial processes that may
be noxious or injurious by reason of the produetion or emis-
sion of dust. xnoke. refuse matter, odor, gas, fumes, noise,
vibration or similar substanees or conditions or for any
other reason may preve dangerous to persons or property,
are expressly prohibited.
3. In each case where a building or use is proposed in this
District pursnant to the provisions of sub paragraph 2 here-
of. the Building Tixpector shall refer the plans, description
of propesed use, and site plan to the Zoning Board of Ap-
peals. Sneh Board shall hold a publie hearing thereon fol-
lowing the procedure required by law for the granting of
Variances herennte and shall determine apon the evidence
produeedl ot such hearing: (1) whether all requirements of
this ercdinance have been met: (2) whether the health, safe-
ty, morals or genera! welfare of the community would be
protected and (3) whether said plans should be approved
as submitted, approved subject to such conditions, restric-
tions and safeguards as may he deemed necessary by said
Board, or disapproved.
R. LOT SIZE. No structure shall be hereafter ereeted, struc-
turally altered, reconstructed or moved on a lot in an Industrial
Distriet unless such lot shall be of such width, depth and total
grotmd area se that any strueture te be ereeted thereon shall s-
eupy no more than forty per cent (40-) of the total ground area,
and all yard requirements hereinafter set forth are met.
C. YARDS. No structure hereafter erected. steneturally alter.
ed, reconstructed, or moved in av Industrial Distriet shall be near-
er than one hundred (100) fect to any front let line, nor less than
fifty (50 feet from any side or rear let line, except that where
the rear or side let line abuts any let or Jand and areca in-a resi-
dential district. sueh struetire shall not be located closer than one
hundred (100) feet from the line adjojining said desidential dis-
trict and a fifty (50) feot strip immediately adjoining said resi-
dential district shall be maintained as a landscaped bufler areca.
2924
88
EXHIBIT A
Upon the filing of proper plans, the Zoning Board of Appeals
may on application and after the public hearing referred to here-
in, permit a structure te be ereeted on or in close proximity to one
side lot line and/or the rear lot line providled; (1) such line does
not abut premises in a residential distriet; (2) the wall of the
structure adjoining said lot line shall be a Class ‘‘A*’ Fire Wall
and (3) the written consent of all property owners adjoining said
fot lines is filed with the Board.
D. STRUCTURES, Only one main structure, with accessory
buildings may be ereeted on any parecl of laud for a use permitted
in this district. '
E. SUBDIVISION OF LAND. Whenever the owner of pre-
mises in this district, desires to erect more than one structure
thereon, he must prepare and file with the Planning Board such a
subdivision, complying with the rules and regulations of said
Board applying to all realty subdivisions, including a plan of such
highways as are necessary to provide fur direet frontage on a
State, County or Town Highway or on a highway which appears
upon a map approved by the Penfield Planning Board. For pur-
puses of this subdivision, direct frontage is defined as ownership
in fee and not access by way of easement and a frontage of sixtr
(60) feet shall presumptively be sufficient for that purpose.
§ 29-15. Provisions applicable to all districts.
1, LOT AREA. No lot in any District shall he so reduced in
size that its area or any of its dimensions or open spaces shall be
smaller than required by this Ordinanee nor shall any part of a
lot in any Distriet, required by this Ordinanee for any buildine or
use he ineluded as part of a lot similariy required for another
building or use.
2. HEIGHTS. No strueture, exeept for farm use, and struc-
tures in an Apartment House and Multiple Deelling District,
which shall exceed the height of a two story structure as defined
in this Ordinance, shall be erected, structurally altered, recon-
structed or moved in any District in the Town.
2925
89
EXHIBIT A
3. DRIVEWAYS. In all Districts. all plans for structures to
he erected, altered, moved or reconstrueted, and for the use of
premises within such districts, shall contain a plan for the pro-
posed driveway aceess to the premises. No such plan shall be ap-
preved unless such driveway access is outo a dedicated public
highway ora hichway within a subdivision which appears upon a
subdivision map approved by the Planning Board. All such plans
for structures or uses, other than for a one or two family dwelling,
or for farm or dairy structures or uses, shall contain provisions
‘for a separate paved entrance and exit driveway with a minimum
width of eight (8) feet, or if a single driveway is provided. the
same shall be sixteen (16) fect in width, and marked with a snit-
able sign ‘‘Double Driveway”.
4. OFF-STREET PARKING
A. The following parking spaces (9’ x 20’) shall be provided
and satisfactorily maintained by the owner of the proper-
ty on the premises er in convenient connection therewith
for each building which, after the date when this ordinance
becomes effective. is erected, enlarged or altered for use for
any of the following purposes:
(1) DWELLING: At least one parking space for
each dwelling unit.
(2) PROFESSIONAL OFFICE OR CUSTOMARY
HOME OCCUPATION: Six (6) parking spaces
for each person engaged in the profession or
home occupation.
(3) THEATER, CHURCIT OR OTHER PLACE OF
PUBLIC ASSEMBLAGE: at least one (1) park-
ing space for cach three (5) seats, based on max-
imum seating eapacity.
(4) RESTAURANT OR OTHER EATING PLACE:
At least one (1) parking space for each three
(3) seats, and one (1) parking space for each
employee.
EXHIBIT A
(5) IIOSPITAL, SANITARIUM, NURSING HOME,
ETC.: At least one (1) parking space for each
four (4) patients, and one (1) parking space for
each employee, attendant or member of the staff.
(6) COMMERCIAL DISTRICTS: All uses in com-
mercial districts exeept office buildings, shall
provide eight (8) parking spaces for each one
thousand (1,000) square feet of gross building
floor area exclusive of covered sidewalks or
malls. [Amended 10-2-67]
(7) OFFICE BUILDINGS: At least one (1) park-
ing space for cach two hundred and fifty (250)
square feet of office floor area.
(8) INDUSTRIAL BUILDING: At least one (1)
parking space for each four hundred (400)
square fect of gross floor area, or for each two
(2) workers, whichever provides the greater
amount of parking space.
B. The recurrent parking of any vehicle on the right-of-way
of a highway or the impeding of traffie or creation of traf-
fie hazards by the parking of any such veb.cle shall be
prima facie evidence of the failure to provide adequate
and suitable parking area on the premises or in convenient
connection therewith.
5. NIGHT ILLUMINATION. Where any use in any District,
other than for a dwelling for one or two families or for a farm or
dairy use, involves operation between the hours of one-half hour
after sunset and one-half hour before sunrise, proper exterior il-
lumination of suitable intensity as approved by the Building Offi-
cial shall be provided at each entrance and exit and along each
side of any building so used.
2927
5-25-08
91
EXHIBIT A
6. JUNK YARDS. No lot in any District may hereafter be
used nor any structure erected, rceonstructed, structurally altered
or moved in any District for use as a junk. yard where two or
more abandoned automobiics are stored or dismantled for sale of
used parts thereof or where junk of any kind or nature such as
papers, metals, rags, any second-hand material, lumber or build-
ing materials are stored or offered for sale.
7. ROADSIDE STANDS. Any person within any District may
erect a roadside stand and sell from same agricultural products
produced primarily on his premises. Any such stand of permanent
construction shall comply with all the conditions and regulations
prescribed for structures in the District in which the stand is lo-
ented. Any such stand of temporary construction may be erected
not nearer to a street line than twenty (20) feet and such stand
may be erected and maintained between April Ist and November
30th of any year, but must be removed on or before November
30th of the same year. There must be provided for any roadside
stand an off-strect parking area sufficient to accommodate ve-
hicles of customers and to eliminate traffic hazards.
& TEMPORARY STRUCTURES. No structure of a tempo-
rary character, basement, tent, shack, garage, barn or other build-
ing shall be used on any lot at any time as a residence either
temporarily or permanently.
9. CLEAR VIEW AT INTERSECTING STREETS. No ob-
struction to view between a height of two and one-half (24) and
2928
92
EXHIBIT A
ten (10) feet, measured perpendicularly from the street grade,
shall be maintained on the premises in the angle formed by inter-
secting strects so as to interfere with the view of traffic approach-
ing the interseetion within the distance of one hundred (100) feet
measured along t)e center line of each street from the intersce-
tion of such center lines.
10. FENCES AND HEDGES
(1) No fence, solid hedge or solid shrubbery over three (3) feet
in height shall be ereeted or maintained within twenty
(20) feet of any highway line.
(2) The provisions of this section shall not apply to fences on
premises used for farm purposes.
11. SITE-PLAN REVIEW [Added 9-7-65}
Prior to issuing a building permit for the construction of a:
building on a lot in any district, exeept for a one-family dwelling, |
the Building Official shall refer the site plan of such lot to the .
Planning Board for its review and approval. This review shall
inelude, but is not limited to the following:
(1) Adequacy and arrangement of vehicular and pedestrian
traffic access and circulation;
(2) Location arrangement and sufficiency of off-street park-
ing;
(3) Location of the building or buildings on the premises;
(4) Adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a buffer between these and ad-
joining lands; and
(5) In the case of an apartment house or multiple dwell-
ing, the adequacy of usable open space, including reere-
ational areas.
2929
10-25-@
93
EXHIBIT A
(6) Adequacy of the provision for the disposal of stu-m-
water and sanitary wastes.
Except for one-family dwellings, no building permit shall be
issued except in accordance with a site plan that has been ap-
proved by the Planning Board.
12. STORMWATER SEWER DISTRICT [Added 9-7-65]
No building permit shall be issued for the construction of
a building on a lot in any district unless such lot is within
the boundaries of an established stormwater-sewer district or
unless an application to ann*x such lot to an established storm-
water-sewer district or to form a stormwater-sewer district to
include such lot has been filed with the Town Board.
13. PARKS AND iLAYGROUNDS [Added 5-1-69]
A. Where deemed essential by the Planning Board upon con-
sideraticn of the particular type of development proposed in
the subdivision, and especially in large-scale neighborhood-unit
developments not anticipated in the Master Plan, the Planning
Board may require the dedication or reservation of areas or sites
of a character, extent and location suitable to the needs ere-
ated by such development for a park or parks, playground or
other recreational uses.
B. If the Planning Board determines that a suitable park or
or parks of adeyaate size cannot be properly located in any
such subdivision, or is otherwise not practical, the Board shall
require as a condition to approval of the subdivision plat a pay-
ment to the town of a playground or reercation site and develop-
ment fee of seventy-five dollars ($75.) per unit, based upon the
following schedule of units:
2930
10-25 -@
94
EXHIBIT A
Single-family dwelling One (1) Unit
Two-family dwelling Two (2) Units
Multifamily dwelling, apartments,
apartment houses or town houses:
Studio or one-bedroom apartments One-Third (14) Unit
Two-bedroom apartments Two-thirds (34) Unit
More than two-bedroom apartments One (1) Unit
Such fee shall be paid to the Building Inspector at the time
of the issuance of a building permit for new residential or
apartinent construction. Where a letter of credit is required,
the respective fees shall be ineluded in such letter of credit.
Such fees shall be paid over to the Town Clerk and shall be
deposited by the Supervisor in a fund designated “Capital Fund
for Reereational Development” and shall be used exclusively to
purchase, acquire, develop and equip park, playground and
other recreational areas.
§ 29-16. Signs. [Amended 2-2-70, effective 2-13-70]
A. Purpose and scope. The purpose is to provide standards
to safeguard life, health, property and public welfare by
controlling location, construction, installation, illumina-
tion and maintenance of all signe and sign structures.
It ix the further purpose of this ordinance and regula-
tion of signs te control the quality and quantity of signs
go ax to enhance the businessman's identification and
improve the aestheties of the community.
B. Definition. A “sign” is defined asx any ontdoor adver-
tising medium, structure or device which advertises, directa
or calls attention to any business, article, substance, service
or any other thing which is painted, printed, pasted, posted
or affixed to any building, billboard, wall, fence, railing,
2930.1
4-23-10
BEST COPY AVAILABLE |
99
EXHIBIT A
natural object or structure of any kind on real property
or upon the ground itself.
. Prohibition of signs.
(1) No signs shall be hereafter erceted, placed or manin-
tained at any place in the Town of Penfield except as
provided by this code and only after a permit therefor
has been obtained in compliance with the provisions
of this section.
(2) Notwithstanding provision (1) above, the owner or
occupant of premises in any district may erect a sign
thereon for the sale of his property or the products
raised thereon, without a permit. provided such sign
shall be not larger than sixteen (16) square feet, in-
cluding both sides of double-faced signs.
(3) The use of pennants, banners, spinners, streamers,
moving signs, or flashing, glittering or reflective, ani-
mated or rotating signs or similar eve-catching devices
is not permitted. Preexisting signs in the above cat-
ecory shall conform to this revised regulation imme-
diately upon the adoption of this ordinance. No signs
shall consist of pictorial designs or illustrations.
(4) Anvy sign or billboard directing attention to a business
or to products sold elsewhere than on the same lot is
prohibited by this ordinance.
. Procedure for obtaining permit.
(1) A permit to erect, enlarge, place or maintain any sign
permitted by this ordinance must be obtained from the
Building Official.
(2) Application for a permit which requests a sign not
permitted under this ordinance must be presented to
the Penfield Zoning Board of Appeals. Upon such an
application to the Board, a public hearing shall be held,
2930.2
(3)
(4)
96
EXHIBIT A
with notice of such hearing published in accordance
with law. The Zoning Board of Appeals may, after
holding such public hearing, grant such variance(s) as
it shall determine in aceordanece with the applicable
provision of laws. Before recommending the issuance
of such a permit, the Zening Board of Appeals must
find the following faets to be true:
(a) The proposed sign(s) is (are) in harmony with the
standards for permitted signs and within the spirit
of the ordinance.
(b) The presence of the proposed sign shall not be
detrimental to adjacent property.
(ec) The proposed sign does not. by reason of its loca-
tion, ereate a hazard of any nature to the public in
general or to any adjacent owner or oceupant.
(ad) The proposed sign(s) does (do) not in any way
interfere with the lawful enjoyment of the public
highway or of adjacent property.
Application for a sign permit shall be made in writing
by the owner, lessee or erector and be accompanied by
a scale drawing showing dimensions, proposed design,
the legend, colors, materials, structural details and a
tape or plot location map delineating location of build-
ings, parking areas, other signs on the same praperty,
frontage of each unit, and/or any fences or other ob-
structions in relation to the designated location of the
proposed sign. Lessee or ereetor applicants shall evi-
dence approval of owner for such erections.
The fee for the issuance of a sign permit shall be one
dollar (#1.) per square foot of sign area. Any additions
to an existing sign shall be by permit application, as
prescribed above, and be subject to a fee of one dollar
($1.) per square foot for the additional footage of sign
area.
2930.3
97
EXHIBIT A
(5) Double-faced signs shall be calculated at total area of
(6)
(7)
both sides for purpose of assessing fees. Area of irreg-
wlar shaped signs or panel signs of individual letters
shall be caleulated by using the total rectangular area
encoinpassed by the outline.
No permit issued under the terms of thix section shall
be transferable to any person other than the original
applicant without the consent of the Zoning Board of
Appeals.
A sign permit shall become null and void if the work
for which the permit was issued has not been started
within A period of six (6) months after the date of
issue of the permit.
E. Standards for permitted signs.
(1) Individual business establishments will be permitted
one (1) identification sign except where there is public
accers to the other side of the building, such as on A
corner where there are both front and side entrances
on a public street or parking lot providing access to
the building. in which case one (1) additional identifi-
cation sign will be permitted for each entrance. In ad-
dition to the above, one (1) freestanding sign may be
permitted, but only upon application to and approval
by the Zoning Board of Appeals.
(n) Sueh signs shall be located on the same premises
as the business or profession te which they refer.
(b) Such sign(s) shall be securely attached to the
buildings or to structurally sound standards,
(c) The total area of such sign(s) on each lot shall not
exeved three (3) square feet for each linear foot
of building frontage facing toward a street or
parking-lot area.
2030.4 ‘
4-23-70
(2)
(3)
98
EXHIBIT A
(d) Freestanding sien(s) ix (are) not to be located
closer to the publie way than twenty (20) feet,
and no sign shall exeved twenty (20) fect in height
above the ground level. nor sixty-four (G4) square
feet per face of a double-faced sign. A minimum
height from ground level to the bottom of the sign
panel must be such that there will be no inter-
ference with sight distance.
(e) No sign shall be erected in such a manner as to
vonfuse or obstruet the view of any traffic sign,
signal or device.
No sign of any size or description, except traffic signs
placed by public agencies, may be erected, placed or
maintained within the highway limits of any publie
way within the Town of Penfield. No billboard or sign
which now extends into, has been erected in, or sus-
pended over any portion of a public way may remain
unless the owner delivers to the Town of Penfield an
insurance policy insuring the town against all loss,
liability or damage suffered by all persons by reason
of the construction or maintenance of such sign, and
shall be written at limits of twenty-five thousand dol-
lars ($25,000.) for property damage, fifty thousand
dollars ($50.000.) for bodily injuries to one (1) person
and one hundred thousand dollars ($100,000.) for
bodily injuries for more than one (1) person as a re-
sult of one (1) accident.
The Building Official shall require the proper mainte-
nance of all signs, and such signs, together with their
supports, shall be kept in good repair. The display sur-
faces shall be kept neatly painted at all times. The
Building Official may order the removal of any sign
that is not maintained in accordance with the provi-
sions of this code. Painting, repainting, cleaning or
repair maintenance shall not be considered an erection
2930.5
EXHIBIT A
or alteration which requires a permit unless a struc-
tural change is made.
(4) No permit shall be required to change the advertising
copy or messuge on a painted, printed or changeable-
letter sign.
(5) Signs in commercial or industrial distriets may be il-
luminated if the illumination is indircet and is so
designed und shielded that the light sources do not
constitute a possible hazard to traffic and cannot be
seen from uny adjacent residential district. A New
York State Board of Fire Underwriters’ Certificate
of Approval must be submitted for every electrically
illumin: ted sign.
(6) Regulations applying to motor vehicle supply stations,
(a) One (1) sign on the face of the building identify-
ing name of the station, not te exceed the limits
as stated in Subsection E (1) (c).
(b) One (1) pole sign with trademark, nonrotational,
not to exceed the restrictions as stated in Sub-
section E (1) (d).
(ec) One (1) accessory sign attached or adjacent to the
building indicuting services, products, trade infor-
mation or other information, excluding product
advertising, may be permitted on one (1) per-
manent sign, structure, single-faeed, and not to
exceed thirty-two (32) square feet in total area,
(7) Political posters, Special permits for political posters
and signs may be granted by the Building Oficial,
Such posters and /or signs must be removed within ten
(10) days after election.
(8) Sigus for the internal control of traffic, inelucling
entrance and exit types, may be necessary in some
2930.6
(9)
(10)
(11)
(12)
100
EXHIBIT A
canes and permits therefor may be issued by the Tuild-
ing Official.
Signs daring construction or in connection with « real
estate development may be permitted for a tenporary
period of not more than six (6) months, proviled such
sign does not exceed thirty-two (32) square feet. The
feo for the issuance of a permit for such a sgn shall
be ten dollars (&10.). Any such permit may be renewed
for ndditional periods of like duration under ‘he same
proecdures and conditions and for a like fee as re-
quired for the original permit.
Shepping plazas and industrial areas are permitted
one (1) major identification sign on application to the
Zoning Board of Appeals.
The use of “A™ frame or removable curbside signs is
prohibited except those used for real estate siles per-
taining to available lots and houses within the Town
of Penfield, and these are not to exceed six (6) square
feet per side or « total area not to exceed twelve (12)
square feet. Any existing signs not conforming to this
provision shall be removed upon adoption of this or-
dinance.
The discontinuance of business at any given location
shall require the removal within fifteen (15) days of
all xigns relating to said business.
F. Existing signs.
(1)
(2)
Any signis) or billboard existing and erected before
the aduption of this Sign Ordinance which ix noneon-
forming and for which no permit was ixsued shall be
removed within six (6) months from the effective date
of this ordinance.
Any sign existing and erected before the adoption of
this Sign Ordinance which is nonconforming and for
which « permit was issued shall be removed within two
{The erat pace te Ws!
2930.7
101
EXHIBIT A
(2) years from the effective date of this ordinance,
except that in no event shall such an existing sign be
required to be removed less than ten (10) years from
the date of issuance of the permit.
G. Penalties for violation.
(1) Violations of the requirements of this ordinance are
nubject to the penalties as set forth in § 29-27 of the
Zoning Ordinance.
(2) The Building Official shall have the authority to en-
foree the removal of any signs that are in violation
of thix ordinance. Failure to comply with this written
order within ten (10) days shall be considered a viola-
tion. If after thirty (30) daya from date of xuch
notice the objcetionable sign has not been removed, the
Town of Penfield shall have the authority to remove
such sign and will charge the owner for the cost of the
removal.
(3) Prior to this action, the owner of the sign may request
n hearing before the Zoning Board of Appeals. and no
action will be taken by the town until a decision has
been rendered by the Zoning Board of Appeals.
H. Severability provisions, If any section, subsection, phrase,
sentence or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent juris-
diction, such portion shall be deemed a separate, distinet
and independent prevision, and auch holding shall not
affect the validity of the remaining portions thereof.
§ 29.17. Filling of land and dumping of waste material.
A. The use of stone, brick, building blocks, gravel, fill dirt or
top soil, whether originating on the premises or elxewhere, for the
purpose of filling to extablish grade and/or to improve the front,
side or reer yard arcas of an existing structure or of a proposed
structure for which a building permit has been issued, is hereby
2931
102
EXHIBIT A
permitted in any district within the Town of Penfield, provided
that any area where stone, brick, gravel and fill dirt are deposited
shall within a reasonable time be covered with at least one (1)
foot of clean nondeleterious top soil and seeded with a perma-
nent pasture mixture or other fast-crowing surface vegetation,
and that such reseeding shall continue until growth has been
established. Reasonable time as herein used shall be construed to
mean no later than the end of the next natural planting season
following the commencement of said filling operation.
B. The dumping of any material not expressly permitted in
Paragraph A of this section is hereby declared to be the dumping
of waste material and is prohibited in all districts in the town ex-
cept under a permit therefor issued by the Zoning Board of Ap-
peals after a public hearing thereon.
C. Before issuing a permit hereunder, the Zoning Board of
Appeals shall find the following facts based upon the evidence
produced at the public hearing er submitted to it or upon per-
sonal observation of members of the Board:
1. The granting of such permit is in the public interest to
establish grades or improve the premises in question.
re)
The proposed operation docs not create a public hazard.
3. The proposed operation will not be detrimental to adja-
cent property nor unduly interfere with the quiet enjoy-
ment of adjacent property.
4. Adequate plans have been presented to show that the
material or substance so deposited is to be leveled off as
soon as deposited; dust preventative or similar material
is to be used and applied to prevent dust and sand from fly-
ing or being carried from said premises during and on the
completion of said operation; sufficient precautions are
to be taken to prevent fires or the creation and spread of
smoke, odor, dust, fumes or noises lizble to become a nui-
sance; and when the operation is completed the material
will be covered with at least one (1) foot of clean non-
2932
103
EXHIBIT A
deleterious top-soil within a reasonable time thereafter and
seeded with a permanent pasture mixture or other fast
growing surface vegetation and that such reseeding is to
continue until growth has been established.
5. The Zoning Board of Appeals may require as a condition for
the issuance of such a permit that the applicant file with
the Town a surety company bond in an amount to be fixed
by the Board, conditioned upon the compliance of the ap-
plicant with the conditions fixed by the Board upon the
issuance of said permit, to insure compliance with the pro-
visions of this section.
6. Any such permit issued by the Zoning Board of Appeals
shall expire on the 31st day of December following the is-
suance thereof and may be renewed under the same pro-
cedures and conditions required for the original permit.
7. The fee for the issuance of a permit under this section shall
be the sum of Twenty-Five Dollars ($25.00).
8. Any permit issued hereunder may be revoked after a hear-
ing upon ten (10) days written notice to the holder of such
permit, upon proof presented to the Zoning Board of Ap-
peals that any condition of this section has not or is not at
the time of the hearing being complied with.
§ 29-18. Motor vehicle supply stations. [Amended 7-5-67]
(a) The Town Board may, on special application ixsne a permit
for the operation of a motor vehicle supply station in any Com-
mercial District. The Board may require the applicant to submit
such information as it may require, and to fix the location of
all structures on the premises. No such permit shall be issued
104
EXHIBIT A
unless & recommendation is first obtained from the Zoning Board
of Appeals. Prior to recommending the issuance of such permit,
the Zoning Board of Appeals shall find, after public notice and
hearing, that:
1. The proposed structures are located consistent with the
regulations of the district in which they are to be located, and
that the design and type of proposed structure is in harmony
with other structures in such neighborhood. [Amended 7-5-67]
2. The proposed use will not create a traffic hazard at the
proposed location. To this end a minimum frontage of two
hundred (200) feet will be required on any road used for access
to the station. [Amended 7-5-67]
3. The applicant has, in writing, agreed to construct and
operate such proposed station in strict accordance with such
conditions and restrictions as may be imposed by the Town
Board. [Amended 7-5-67]
4. The lot area is sufficient to permit construction of the
largest station that might be needed in the future. This should
at the least provide for four (4) inside bays and parking for
fifteen (15) cars, of which ten (10) spaces must be in a sereened
area behind the station. [Added 7-5-67]
5. All parking and outside storage shall comply with the
front, side and rear lot setback requirements. [Added 7-5-67]
(b) Any permit granted hereunder may be revoked by the
Town Board after due hearing on not less than ten days notice to
the person holding such permit in the event that the use violates
eny of the conditions or restrictions imposed by the Town Board
upon the issuance of such permit, or shall have become a nuisance.
2934
10 - 25 - 67
105
EXHIBIT A
(ec) Any such special permit heretofore granted shall be deem-
ed to be indefinitely extended subject, however, to the power of
revocation hereinbefore, and in this section, set forth.
(d) The fee for the issuance of a permit under this section
shall be the sum of Twenty-Five Dollars ($25.00).
§ 29-19. Utility or communication installations.
(a) The Town Board may, on special application, issue per-
mit for the construction and maintenance of a public or private
utility or communication structure, as it shall deem essential to
the publie welfare, and impose such conditions as may be found
necessary in the public interest and may modify or vary the re-
strictions of this Ordinance as to height, size and location of
structures applying to the District where such installations is to
be located. No such permit shall be issued unless a recommenda-
tion is first obtained from the Zoning Board of Appeals. Prior
to recommending the issuance of such permit, the Zoning Board
of Appeals shall find, after public notice and bearing that:
[The sext page te 7935)
2934.1
106
EXHIBIT A
1. The proposed installation will not be detrimental to adja-
cent property.
.2. The proposed installation will not by reason of its location
or nature, ereate a hazard of any nature to the public or to
any adjacent owner or occupant.
3. The proposed installation will not unreasonably interfere
with the lawful enjoyment of the publie highways or of ad-
jacent property.
(b) Any such permit granted hereunder may be revoked by
the Town Board after due hearing on not less than ten (10) days
notice to the person holding such permit in the event the use
thereof violates any of the conditions or restrictions imposed by
the Town Board upon the issuance of such permit or shall have
become a nuisance.
(ec) Any such permit heretofore granted shall be deemed to be
indefinitely extended, subject however, to the power of revoca-
tion hereinbefore and in this section set forth.
(d) The fee fur the issuance of a permit under this section
shall be the sum of Twenty-Five Dollars ($25.00).
§ 29-20. Recreational area. [Amended 9.6.66]
(n) The Town Board may, on application, issue a temporary
permit: for a term which it may specify, for the use of a
specified arva in any District for a private playground, athletic
field, carnival, cirens, or other recreational or amusement use,
whether operated for profit or not. The Board may require
the applicant to submit such information as it may require and
may fix the location of all structures on the premises. No such
permit shall be issued unless a recommendation is received from
the Zoning Board of Appeals. Prior to recommending the issu-
ance of such permit, the Zoning Board of Appeals shall find after
public notice and hearing, that the contemplated use will not:
2935
107
EXHIBIT A
1. Be detrimental to adjacent property.
2. By reason of its loention or nature, create a hazard of any
nature to the public or to any adjacent owner or oceupant.
3. Vnreasonably interfere with the lawful enjoyment of the
public highways or of adjacent property.
(b) Any permit granted hereunder may be revoked by the
Town Board, after due hearing, on not less than ten (10) days
notice to the person holding such permit, in the event that the
use made thereunder violates any of the conditions of its issuance
or shall have beeome a nuisance and any such permit may be re-
newed by the said Board for such period as it shall determine,
upon application in accordance with the procedures for an origi-
nal permit. .
(ec) The fee for the issuance of a permit, or of any renewal
thereof, under this section shall be the sum of Twenty-Five Dol-
lars (#25.00).
§ 29.20.1 Swimming pools. [Added 9-6-66, amended 9-5-67]
(na) PRIVATE SWIMMING POOLS are hereby declared to be
a permitted necessory use in any Residential District. A permit
must be obtained from the Building Department prior to the eree-
tion of any private swimming pool, but no such pool shall be
constructed or maintained in any district unless:
1. Sneh pool and any appurtenances, such as aprons or decks,
shall conform to the minimum sethack requirements for
a structure in such District.
2. There shall be erected and maintained a chain-type fence
or other similar protective type of enclosure completely
enclosing the area containing such pool, such fenee or en-
closure to be not less than four (4) fect in height above
ground level, any fence portion thereof to be securely sup-
ported by posts at intervals of not more than eight (8) -
feet, and permitting access, other than directly from the
dwelling, only by a gate that may be securely fastened
2936 ,
108
EXHIBIT A
and locked. A fence shall not be required in the case of
and aboveground pool when the structural walls thereof are
at least four (4) fect above ground level, except that any
steps leading to the pool deck shall be enclosed by a gate
that may be seenrely fastened and locked. Notwithstand-
ing the foregoing, a fence shall be required if the walls of
the pool are so constructed or any appurtenant structures,
stich us a filtering system, are so located as to provide a
means by whieh the wall of this pool can be climbed and
entry gained to the deck of the pool.
3. There is a sufficient source of water supply to accommo-
date such pool without detriment to normal’ water con-
sumption requirements and all proposed water connec-
tions are proper and adequate.
4. The proposed drainage of such pool is adequate and will
not interfere with the public water supply system, with
existing sewage and drainage facilities, with the property
of others or with public highways.
cr
A suitable filtering system is installed in pools requiring
in excess of one thousand seven hundred sixty (1,760) gal-
lons of water to fill. [Approximately ten (10) feet dia
meter by thirty-six (36) inches deep]
(b) GROUP SWIMMING POOLS. No group swimming pool
shall be eonstrueted or maintained in any district unless a
apecial permit therefor is granted by the Town Roard, exeept
that permits for swimming pools to be erected in connection
With apartments or motel structures may be issued by the
Building Department. No such permit shall be issued unless a
favorable revommendation is reeeived from the Zoning Board
of Appeals which, after a public notice and hearing, has found
that the proposed pool will not:
1. Be detrimental to adjacent property.
2. By reason of its location or nature create a hazard of
any nature to the public or to any adjacent owner or oc-
cupant.
109
EXHIBIT A
3. Unreasonably interfere with the lawful enjoyment of the
public highway or of adjacent property.
4. Violate any standards and requirements of the State of
New York and the Monroe County Health Department.
Any permit granted hereunder may be revoked by the Town
Board, after due hearing, on not less than ten (10) days’ notice
to the person holding such permit, in the event that the use
made thereunder violates any of the conditions of its issuance
or shall have become a nuisance.
(c) The fee for the issuance of a permit under this section
shall be the sum of one cent ($0.01) per square foot of ground
area covered.
§ 29-20.2. Golf courses. [Added 6-7-71, effective 6-27-71]
A. The Town Board may, on special application, issue a per-
mit for the construction and maintenance of a golf course,
as hereinafter defined, in any district of the town.
B. “Golf Course” is defined to mean any privately, semi-
privately or publicly owned course consisting of at least
nine (9) golf holes of conventional design and distance,
and may include the following facilities as accessory to
the principal use:
(1) Clubhouse, including kitchens, dining areas, game
rooms, bar, grill, locker rooms, baths.
(2) Swimming pools.
(3) Parking areas.
(4) Tennis or paddle-ball courts.
C. In the case of a golf course containing eighteen (18) or
more holes of play, there may be included the following
additional facilities as accessory to the principal use:
2936.2
110
EXHIBIT A
(1) Pitch-and-putt course, unlighted.
(2) Driving range, unlighted.
D. No such permit shall be issued unless a recommendation
is first’ obtained from the Planning Board. Prior to
recommending the issuance of such a permit, the Planning
Board shall find, after publie notice and hearing that:
(1) The proposed use at the particular location is neces-
sary or desirable to provide a service or facility
which will contribute to the general well-being of
the neighborhood or the community.
(2) The proposed use would not endanger or tend to en-
danger the publie health, safety, morals or the general
welfare of the community. In making such determi-
nation, the Board shall consider lot areas; necessity
for and size of buffer zone; type of construction;
parking facilities; traffie hazards; fire hazards; offen-
sive odors, smoke, fumes, noise and lights; the gen-
eral character of the neighborhood; the nature and
use of other premises, and the location and use of
other buildings in the vicinity; and whether or not
the proposed use will be detrimental to neighborhood
property. Where structures require sanitation fa-
cilities, it shall be a requirement that public sewers
be available.
(3) The proposed use will be in harmony with the probable
future development of the neighborhood, and will not
discourage the appropriate development and use of
adjacent land and buildings or impair the value
thereof.
=, In granting such a permit the Town Board may attach
such conditions and limitations as it considers to be de-
sirable in order to insure compliance with the application
and the purposes of this ordinance.
2936.3
1il
EXHIBIT A
F. Subject to the payment of the annual renewal fee, as
hereinafter provided, any such permit granted hereunder
shall be deemed to be indefinitely extended; provided,
however, that it shall expire if the special use shall be
terminated, abandoned or cease for more than nix (6)
months for any reason, or if there is a default in the
payment of the renewal fee; and further provided that
it may be revoked by the Town Board after duc hearing
an not less than ten (10) days’ notice to the person hold-
ing such permit in the event the use thereof violates any
of the conditions or restrictions imposed by the Town
Beard upon the issuance of such permit or shall have
become a nuisance.
G. The Town Clerk of the Town of Penfield shall issue a per-
mit to the applicant upon proper resolution by the Town
Board and the payment of a fee of one hundred dollars
(3100.), and shall issue a renewal annually thereafter in
January of each year upon payment of like fee.
§ 29.21. Administration.
This ordinance shall be administered by the Building Official
who shall be appointed and may be removed by the Town Board
and who shall serve at the pleasure of the Town Board. It shall
be the duty of the Building Official to secure the en forcement of
this ordinance, subject te the rules, regulations, resolutions and
ordinances of the Zoning Board of Appeals and the Town Board,
and issue all permits or certificates required by this ordinance.
§ 29.22. Building permits.
No permit for the construction, structural alteration, recon-
struction or moving of a structure shall be issued by any official
2936.4
9-23-71
112
EXHIBIT A
of the Town of Penficld, unless the application therefor bas
"been certificd by the Building Official as apparently complying
with this ordinance.
§ 29-23. Certificate of occupancy.
It shall be unlawful to use or to permit the use of any structure
hereafter erected, structurally altered, reconstructed, moved or
converted wholly or partly in its use, or of any premises here-
(The sext page ts 29357)
2936.5
0-25-71
113
EXHIBIT-A
after altered or converted, wholly or partly in its use, until a Cer-
tifiente of Occupancy to the effect that the structure or premises
so erected, altered, reconstructed or moved and the proposed use
thereof, conform to the provisions of this Ordinance, shall have
been issued by the Building Official.
§ 29-24. Zoning Board of Appeals.
a. ORGANIZATION, The Zoning Board of Appeals, heretofore
ercated pursuant to the provision of the Town Law, is hereby
continued as now constituted. Each member of said Board shall
continue to hold office to the expiration of his present
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