# Appendix — Warth v. Seldin > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0124%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1975 - **Citation:** 422 U.S. 490 ## Text | | 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 16 -25-@ BEST COPY AVAILABLE o2 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. 2916.2 10-25 -@ aac v2 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 10-25-@ 26 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 10 - 25 - 9 o¢ 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 Pr "3 3 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 29 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 12-25-70 (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 12 - 25-70 BEST GOPY AVAILABLE Sw 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 12-23-70 (3) 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 12 - 25-70 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0124%3A02. Public record. Not legal advice.