No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
No building or structures shall hereafter be erected or altered to exceed the height, to house or accommodate a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front or side yards than is specified in this chapter for the district in which the building or structure is located, or to be less than one full story in height as defined in this chapter.
No part of a yard or open space required for any building shall be included as part of the yard or open space required for another building.
No lot shall be reduced in size if, as a result thereof, its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
Any required yard shall be entirely open and unoccupied by buildings other than:
[Amended 4-15-2003; 9-7-2010 by L.L. No. 1-2010]
Entrance porches or steps up to seven feet in depth, front to rear, in a front yard.
Porches and terraces in side or rear yards, provided that they are no closer to the lot lines than required by the setback restrictions applying to the district.
Detached accessory buildings occupying up to 15% of a required rear yard and setback as required by this chapter.
Residential accessible ramps in the front, side or rear yard. Ramps shall meet the requirements of the New York State Fire Prevention and Building Code and shall not exceed those same requirements as they apply to ramp width and landing area, if the structure will encroach into the required setbacks.
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year, except for:
Public bridges, public water works and other municipal or public utility facilities.
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
No movement of earth or fill shall be permitted at any time in any district which adversely affects conditions on any other property.
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building, or be allowed more than one principal use.
No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board and the subdivision map has been filed in the Monroe County Clerk's office and site plan approval has been granted by the Planning Board and all conditions of said approval have been met. Upon application the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
Accessory or storage buildings, including but not limited to a garage for the parking of passenger motor vehicles of residents on the premises, garden house, tool house, play house, and housing for domestic animals incidental to the residential use of the premises, are subject to the following:
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
No detached accessory building in a residential district shall exceed 12 feet in height, except for a detached parking garage which may be up to 15 feet in height.
With the exception of detached private garages, all detached accessory buildings shall be located in the rear yard and subject to the setback requirements of the schedule. Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard.
These provisions shall not apply to permitted uses in nonresidential districts except that no detached accessory buildings incidental to permitted uses in such districts shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.
The Code Enforcement Officer (CEO) shall require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans, in order to protect the value of adjacent properties.
Every principal building shall have access to a public street improved to meet Town requirements. Access may be either by a driveway or private road approved by the Town.
A private driveway or road may provide access for up to three principal buildings or parcels, including any building located on a lot which fronts on a public street. Where a private road or drive provides access to more than two principal buildings, said road or driveway shall have a right-of-way width of not less than 60 feet and a travelway width of not less than 16 feet, improved with a durable all-weather surface, subject to approval of the Planning Board during subdivision review. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
All driveways from a state or county highway shall include sufficient space to turn a vehicle around. The Planning Board shall reserve the right to require a similar vehicle turnaround on Town roads. The need for a turnaround on Town roads shall be determined based on the location of the property and existing and projected traffic volumes.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required setbacks specified in this chapter.
No manure, odor or dust-producing substances shall be permitted to be stored within 100 feet of any lot line, or any stream carrying water six months each year.
For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
One recreational vehicle owned by guests of residents shall be permitted to be parked on private property for a period of up to 14 consecutive days in any calendar year. No person shall be permitted to lease land for the placement of a recreational vehicle in a residential district.
The Town shall have the authority to remove or order the relocation of the placement of any motorized or recreational vehicle stored on private property if the Code Enforcement Officer shall determine that said placement or location creates a threat to public safety.
No front yard shall be used for the open storage of boats, snowmobiles, all-terrain vehicles or any type of trailer used to transport such equipment or materials. Such equipment belonging to the resident of the property may be stored in an accessory structure or kept in open storage in the rear or side yards but not within the required setbacks. This regulation is not intended to prohibit the temporary parking of such equipment in a driveway or turnaround, if it bears current registration or licensing.
No commercial vehicle with a load capacity of more than two tons shall be parked out of doors overnight or on Sunday in a residential district. No such vehicle shall be parked in any district for the purpose of displaying a commercial speech sign.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
The use of any lot or building involving the disposal of sewage or wastewater shall be by an approved connection to the public sewer system or a private septic system approved by the Monroe County Department of Health.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Department of Health and/or Environmental Conservation, and the Monroe County Department of Health. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection P above, this provision shall not prohibit the storage of animal waste upon any farm.
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation, and the Monroe County Department of Health.
All construction plans shall include consideration of stormwater drainage needs. Whenever possible, site grading shall direct water away from buildings and structures to the natural drainageway. Any drainage affecting adjacent properties shall be considered by the Code Enforcement Officer.
Any structure which has been vacant or which has had utility service disconnected for six consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
Any structure damaged by fire or other natural disaster shall require a new zoning permit before any reconstruction is started. A new certificate of compliance shall also be required.
Any structure partially destroyed by fire or other natural disaster shall be rebuilt in accordance with this chapter and the following additional provisions:
Any structural damage resulting from a fire, including but not limited to size of building, bearing walls, entranceways and building materials, shall require a new building permit and said reconstruction shall meet or exceed the requirements of applicable codes and the provisions of this chapter.
Antennas and/or towers may be permitted as an accessory use in any district subject to the following standards and requirements:
No more than two ground-mounted satellite TV dishes 24 inches in diameter or larger and one tower may be permitted for each property.
A building-mounted satellite TV dish antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted TV dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
No satellite TV dish antenna may be more than four feet in diameter and six feet in height.
The minimum setback of a ground-mounted satellite TV dish antenna shall be 16 feet from all property lines.
A permit issued by the Code Enforcement Officer shall be required prior to placing a dish or ground antenna in operation.
The Planning Board may require the applicant to screen the dish in order to reduce potential nuisance or disturbances to adjacent properties.
Although locations in side and rear yards shall be encouraged, a ground-mounted satellite TV dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.
Other antennas or towers may be either ground-mounted or mounted on or attached to a building for support. Such antennas or towers shall not exceed 15 feet above the maximum height of the building on which they are mounted or to which they are attached or accessory thereto.
A tower which is ground-mounted shall only be located in a rear yard. Towers may be permitted on corner or through lots, provided that they are no closer to the front lot line than the front building line.
Ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 11/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.
The dumping of refuse, waste material and other substances, excluding vegetative compost material, shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and seeded subject to approval of the Code Enforcement Officer. These provisions shall not apply to customary agricultural practices on land used for farming purposes.
Keeping more than three dogs.
[Amended 8-16-2011 by L.L. No. 2-2011]
It shall be unlawful to keep or harbor more than three dogs which are more than four months of age within the confines of any lot within the Town of Parma, unless the property owner or resident complies with the provisions of Subsection AA(3) of this section, or with § 165-57 of this article regarding boarding, breeding and/or kenneling facilities.
Any individual possessing a purebred license under former Agriculture and Markets Law § 109, Subdivision 2, shall be required to come into compliance with Subsection AA(1) of this section on or before December 31, 2014.
A property owner or resident may apply for a special permit to retain more than three dogs on his/her premises.
Said application shall be made to the Zoning Board of Appeals, which shall review applications for permission to retain more than three dogs on a case-by-case basis.
The ZBA shall consider the effect on the character of the neighborhood in the event additional dogs are permitted to remain on the property owner's or resident's premises.
A property owner or resident applying for a special permit must have had no violations of Chapter 9 of the Parma Town Code during the 12 months prior to the application.
In the event a permit is granted by the ZBA, the permit will terminate upon the death or removal from the property owner's or resident's premises of any dog for whom the permit was issued. The permit may be revoked in the event that the property owner is convicted of two violations of Chapter 9 of the Parma Town Code within any twelve-month period or if any dog owned by the property owner or resident is determined to be a dangerous dog pursuant to Chapter 9 of the Parma Town Code or the New York State Agriculture and Markets Law.
Except for riding horses, no animals, other than ordinary household pets, shall be kept on any residential lot of three acres or less in any zone district. Riding horses may be kept on residential lots of 21/2 acres or more.
The keeping of horses and the structures related thereto shall be considered customary accessory uses by the owner/occupant of properties in the Town of Parma subject to the limitations specified below. The provisions in Subsection CC(1), (2) and (3) shall not apply to agricultural operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district.
[Amended 4-15-2003; 9-7-2010 by L.L. No. 1-2010]
Boarding or keeping of horses which belong to individuals other than the owner/occupant shall be prohibited unless a special permit for such purpose is approved by the Zoning Board of Appeals.
In addition, no structure or combination of structures used in the housing, storage or exercising of horses shall exceed 6,000 square feet in area. Also, all structures used for keeping horses shall be included, along with other structures, in computing the maximum lot occupancy of 15% of the rear yard area that can be covered by accessory structures.
Any stable shall be set back at least 150 feet from the front lot line and 100 feet from any side or rear boundary line. Any exercise/building pens attached to a stable housing riding horses shall be located to the rear of such building and screened from adjacent properties. The barns, stalls, paddocks and any other grounds where horses are kept shall be maintained in a clean and sanitary condition so as not to create a condition or odor that would be objectionable to persons occupying adjoining property.
Fencing. Fencing shall be erected and maintained around any paddock area, pasture area or any other area outside of the stable or structure where a horse or animal is housed. Such fences shall be a minimum of four feet in height, except an electrical fence which may only be three feet in height, supported by wooden or steel posts at intervals of not more than 10 feet. Such fence shall be of sufficient strength and may be either a three- or four-board wooden rail fence, and shall be strongly secured to each post. Any opening in said fence shall have a self-closing gate of sufficient strength to contain the animals.
[Amended 9-7-2010 by L.L. No. 1-2010]
No lot shall be used for the open storage of unlicensed or unregistered vehicle(s) or their parts unless said vehicle(s) are being offered for sale in accordance with the following provisions. The parking of unregistered motor vehicles for sale on the premises of a principal residential structure shall be subject to the following conditions:
Only one unregistered vehicle may be parked outside of a fully enclosed building for sale at any one time.
Only two unregistered vehicles, that are owned by the resident or property owner, may be sold or offered for sale in any twelve-month period.
In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any twelve-month period.
No unregistered vehicle advertised for sale shall be parked within any public right-of-way and no closer than 15 feet to any property line.
The open storage of abandoned motor vehicles or parts thereof on private property is expressly prohibited in the Town of Parma. It shall be unlawful for any person or legal entity, either as owner, occupant, lessee, agent, tenant or otherwise of private property within the Town, to keep in open storage an abandoned motor vehicle or any part or piece thereof on private property within the Town unless:
Such motor vehicle is stored on premises legally located, used and operated as a junkyard.
Said motor vehicle is stored in a completely enclosed structure conforming with the provisions of this chapter.
Said motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing at the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Said motor vehicle shall be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for a period of more than six months.
Said motor vehicle may be kept for open storage on premises within a commercial or industrial district for a period of no more than six months while awaiting repair or servicing at such premises.
If it appears to the Code Enforcement Officer that a violation of this section is occurring, the Code Enforcement Officer shall serve or cause to be served written notice, either personally or by registered mail, return receipt requested, upon the owner, occupant, tenant or person having charge of such private property, advising said person of such violation. Said notice shall contain a general description of the premises and the approximate location of such motor vehicle or vehicles. The notice also shall contain an order that such person cease and desist said violation within 10 days after the receipt of said notice.
On all properties within the Town of Parma, the owner and occupant shall maintain the walkways, sidewalks, driveways and parking areas located in the front, rear or side of such premises, from the building line to the nearest public street line, in a clean, sanitary, and safe condition and free from litter, debris, paper, dirt, garbage, junk, snow, ice or other obstruction and in good repair, and shall be liable to any party for injuries sustained as a result of the failure to so maintain the same.
[Added 3-15-2005 by L.L. No. 3-2005]
No building shall be constructed with more than three stories or to a height of 50 feet or more unless built of noncombustible materials.
No theater or other building for public assemblage shall be erected and no hotel, boardinghouse, apartment house, school, club, lodge or other building designed, arranged or intended to serve, accommodate or cater to the public shall be built to include more than one story, unless constructed of such materials and in such manner as to adequately protect the users thereof from fire and other hazards and in accordance with Underwriter's Standards. No existing building shall hereafter be adapted to any of the foregoing uses unless it shall be made to conform to the Underwriter's Standards.
Flood regulations for areas outside of the designated flood hazard areas.
Since the studies and maps referenced in Subsection C(1) encompassed only certain streams and waterways or certain sections of some streams and since there are other streams and low-lying areas throughout the Town that may be subject to flooding, the various Town departments or boards shall have the right to investigate the flooding aspect of any request for a building permit or approval of a development proposal.
In reviewing permit applications or development plans, the reviewing official or board shall be guided by the criteria as established in the following:
Design Criteria and Construction Specifications for Land Development, as adopted by the Town Board on November 12, 1973, and as amended from time to time.
Drainage Regulations for Development, as adopted by the Town Board on July 24, 1978, and as amended from time to time.
Any other federal, state or local flood studies or historical flood level information that may be available.
Whenever it is deemed necessary by the reviewing official or board or their consultants, they shall have the right to request that the applicant provide a detailed professional engineer's drainage study and report for the particular project being proposed. Any such study and plans shall be subject to review and approval by the Town.
No filling of earth or other materials to establish grades shall be allowed without a permit issued by the Planning Board.
All requests for a filling permit shall be supported by a plan of action, complete with appropriate documentation to describe the size and type of the proposed operation. Four copies of the plan shall be submitted with the application to the Planning Board.
The following information shall be identified on the plan, drawn to scale, preferably one inch equals 50 feet, but no smaller than one inch equals 100 feet:
Property owner's name and address.
Operator's name and address, if different from property owner.
Property lines and dimensions and highway boundary lines.
Existing grades based on USGS datum.
Existing topography (woods, large trees, streams, ditches, swales, roads, structures, etc.) on the site to be filled, and on adjacent properties if within 20 feet of the property line.
Proposed finished grades after filling is completed.
Proposed entrance to dumping site, and method of controlling access, such as a fence and gate, to prevent unauthorized dumping.
Estimate of the volume (cubic yards) of fill to be placed.
Approximate timetable for the operation.
Statement as to the type of materials to be placed.
Type and thickness of final cover material and topsoil and seeding mixture.
Reasons for filling.
Show typical cross section of fill area.
Show on plan and notes how erosion is to be controlled.
All maps and supporting documentation shall be prepared by a licensed surveyor or engineer.
The owner of the site and/or the operator of the fill shall be present at the Planning Board meeting to present the application and to respond to questions.
The Planning Board may consult with other Town boards, agencies and consultants prior to reaching a decision on the proposed action.