Fences, hedges and screen plantings shall be permitted or, alternatively,
shall be required as provided in this section.
A. In no case shall barbed wire, electricity or similar materials or
devices be used in conjunction with or as part of any fence. The provisions
of this subsection shall not apply to fences on premises used for
farm, limited industrial and utility purposes.
B. No fence shall be permitted which is expressly designed with the
intent to injure or maim anyone who attempts to climb such a fence.
C. All fences in a residential district shall have their most pleasant
or decorative side facing the adjacent properties.
D. No fence, solid hedge or solid screen plantings over three feet in
height shall be erected or maintained within 20 feet of any front
property line nor shall any fence be constructed greater than six
feet in height above existing ground level. The provisions of this
subsection shall not apply to fences on premises used for farm purposes.
E. Fences, hedges, or screen plantings lawfully existing at the time
of the passage of this chapter shall be deemed nonconforming appurtenances
and shall be treated as nonconforming uses under this chapter.
F. Fences shall be continually maintained, and no fence, hedge or screen
plantings shall be permitted to become unsightly or in a state of
disrepair, as determined by the authorized official.
G. Barbed-wire or electric fences for farm purposes.
(1)
A fence eight feet high with a barbed-wire tip or an electric
shock fence which would not be detrimental to the health, safety or
welfare of any person coming into contact with it may be permitted,
provided the fence meets one of the following requirements:
(a)
The fence is needed to prevent entry to an area which could
be hazardous to the health, safety or welfare of a person or persons.
(b)
The fence is needed to secure an area where materials and/or
equipment are stored.
(c)
The fence is needed to keep animals other than common household
pets, except in a kennel situation, from leaving the site.
(d)
The general community interests or interests of national safety
justify the need for such a fence.
(2)
Where a fence is electrified, signs at intervals of not more
than 150 feet shall be erected on the fence to clearly indicate the
fence is electrified.
H. Fencing for Limited Industrial Districts and utility facilities shall
be approved by the board having jurisdiction and/or authorized official.
Buffers, berms and screen plantings shall be provided as set
forth below:
A. A buffer area of at least 50 feet shall be provided along the boundary
line between a LB or BN-R District which abuts any residential zoning
district, as measured from the zoning district line to the nearest
improvement or appurtenance of the LB or BN-R District.
B. A buffer area of at least 100 feet shall be provided along the boundary
line of a GB District which abuts any residential zoning district,
as measured from the zoning district line to the nearest improvement
or appurtenance of the GB District.
C. A buffer area of at least 150 feet shall be provided along the boundary
of an LI District which abuts any residential zoning district, and
50 feet between any other district, as measured from the zoning district
line to the nearest improvement or appurtenance of the LI District.
D. Such buffer areas shall contain screen plantings of grass, trees,
hedges, shrubs, and/or earthen berms, etc., as determined by the board
having jurisdiction and/or the authorized official so as to provide
a visual and sound buffer between the different districts.
E. Buffering for the Mobile Home Park District shall be approved by
the board having jurisdiction and/or the authorized official.
F. Conditionally permitted uses in any residential zoning district will
require a fifty-foot buffer area from adjacent properties where new
or substantial alteration is authorized.
G. Landscaping of the perimeter of properties and parking or loading
areas in the TFOD shall be designed so as to provide a coordinated
landscaping scheme to buffer adjacent uses and to enhance the visual
quality of the area adjacent to the rights-of-way of Penfield Road
and Fairport-Nine Mile Point Road and shall be subject to the approval
of the board having jurisdiction.
There shall be a clear vision zone at all corners of intersecting
roads, or road junctions within a subdivision, consisting of a triangular
area defined by the point of intersection of the right-of-way lines
and the two points extended along such lines for a distance of 35
feet from any intersection as shown on the diagram below. The clear
vision zone for intersections with and of collector streets and/or
major highways shall meet the traffic safety sight distance criteria.
A graphic display of the clear vision zone is illustrated below. Clear
vision zones must comply with the Town of Penfield development regulations
and specifications.
The limitations affecting the height of structures in the district regulations in Article
V of this chapter shall not apply to the appurtenant appendages and structures such as parapet walls not exceeding three feet in height, chimneys, smokestacks, church spires, flagpoles, TV antennas, penthouses for mechanical equipment, or to barns, pole barns, silos, and other common farm-related structures, and water tanks; provided however, such appendages and structures shall comply with all other provisions of this chapter and any other applicable ordinance.
Any application proposing a development shall provide a pedestrian
circulation plan to be approved by the board of jurisdiction. The
plan shall be required to integrate with existing pedestrian circulation
patterns.
See also the New York State Property Maintenance Code and Fire
Code, which are hereby incorporated by reference.
A. Any
deterioration of the exterior of any building on subject premises
with respect to painted surfaces, siding, roofing, brickwork, mortar
joints, signs, copings, overhangs, porches or other appendages, entrance
or exit doors, display windows or any other part of the building exterior
where such deterioration constitutes a hazard to the public, would
cause significant and serious damage to the structure itself or is
unsightly and aesthetically detrimental to subject premises or any
property near subject premises must be repaired or corrected.
B. Exterior
surfaces shall be kept free of graffiti, posters, playbills, or anything
that would cause unsightliness to the structure or premises in the
opinion of the authorized official.
C. Each
tenant of a strip mall shall be required to post the name of the business
on the exterior of all exit doors. The business name shall be installed
on door at a height of five feet to the center line. All letters shall
be a minimum of two inches in height and shall sharply contrast in
color from the exit door. Script-style lettering shall not be permitted.
Upon approval of applications for any development that is not single-family residential development, the applicant shall furnish, if required pursuant to §
250-12.2 by the authorized official/board having jurisdiction, a maintenance agreement in accordance with the format as outlined in the Town's development regulations and specifications, to ensure the ongoing general maintenance of that commercial development.
Unless otherwise provided for elsewhere in this chapter, any
use of land or use and/or occupancy of a nonconforming structure,
which use was lawful at the time of the effective date of this chapter
or an amendment thereto, may be continued; provided, however, such
use shall have continued in operation, does not constitute a nuisance,
and shall not be enlarged, altered or changed in area, activity or
content during its continuance, except as provided otherwise by the
authorized official.
A. Any nonconforming use or structure which has ceased continued use
or occupation for a period of one year or more shall be considered
to have terminated, and may not thereafter commence operation as before.
B. Any use or structure which was in violation of any previous zoning
ordinances of the Town of Penfield shall not be regarded as nonconforming
under this chapter.
C. With exception, upon a finding by the authorized official that such
enlargement, change or alteration will produce greater compliance
with this chapter, and that the use within such structure is in conformity
with the requirements of this chapter; and further provided that no
enlargement, change or alteration of a nonconforming structure housing
a nonconforming use shall be permitted, except upon a finding by the
Zoning Board of Appeals (or the Town Board in the case of the FC District
or LLD District) that such enlargement, change or alteration will
permit greater compliance with the provisions of this or other appropriate
regulations, and is installed or instituted to minimize the detrimental
effects of the nonconforming use upon adjoining conforming uses.
D. Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure, or part thereof,
declared to be unsafe by the authorized official and which strengthening
or restoration is ordered by said official.
Notwithstanding any provision of this chapter to the contrary,
any natural gas and/or petroleum extraction activities that are being
conducted in the Town as of December 17, 2014, shall be subject to
the following:
A. Qualifications
for preexisting nonconforming use status.
(1) If, as of December 17, 2014, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, unrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation (DEC) and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue; subject, however, to the provisions of Subsections
B and
C of this section.
(2) Natural gas and/or petroleum extraction activities that are being conducted in the Town as of December 17, 2014, and which do not qualify for treatment under Subsection
A(1) above shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
B. Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this section by virtue of Subsection
A(1) or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering" rights) of or relating to such activity shall terminate.
C. Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection
A(1) is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of December 17, 2014. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection
A of this section.
Nothing in this chapter shall prevent the maintenance, renovation or destruction of structures in accordance with other provisions of the Town Code, including Chapter
94, Article
I, Building Code Administration and Enforcement.
Property address numbers shall be provided as set forth in the
Fire Code of New York State and the Property Maintenance Code of New
York State and any amendments thereafter, which are hereby incorporated
by reference.