[Amended 4-15-2003]
In all districts there shall be provided, at
the time any building or structure is erected, enlarged, increased
in capacity or changed in use, improved and usable off-street parking
spaces for motor vehicles in accordance with the requirements of this
article and Schedule II.[1] None of the off-street parking facilities as required
herein shall be required for any existing building or use, unless
said building shall be enlarged or the use of land changed. In such
cases, off-street parking facilities shall be provided as hereinafter
specified for the building as enlarged or to accommodate the needs
of the new use. The requirements for off-street parking shall not
apply to spaces used for the display of motor vehicles offered for
sale, provided that such spaces are not used for or made available
for customer, employee, or other visitor parking.
A.
Design requirements.
(1)
Off-street parking space shall be provided as
further specified in this chapter and shall be furnished with necessary
passageways and driveways. For the purposes of this chapter a parking
space shall not be less than nine feet in width and 18 feet in depth
exclusive of accessways and driveways.
[Amended 1-15-2013 by L.L. No. 1-2013]
(2)
Off-street parking areas for nonresidential
uses shall provide an additional area of 100 square feet of area per
off-street parking space to provide sufficient area for access drives
and aisles.
(3)
Off-street parking areas with a capacity for
more than 20 vehicles shall delineate fire lanes and post "no parking"
markers, in compliance with provisions of the Town Fire Code.
[Amended 4-15-2003]
(4)
Any off-street parking area with at least 20
off-street parking spaces shall designate a minimum of five percent
of those spaces, up to a maximum of 10 spaces, as only for the handicapped
and clearly mark them for such use. Parking spaces designated to serve
handicapped individuals shall comply with ICC/ANSI A117.1 and shall
be at least 11 feet in width and 18 feet in depth.
[Amended 4-15-2003; 1-15-2013 by L.L. No. 1-2013]
(5)
All off-street parking space shall be deemed
to be required space on the lot on which it is situated and shall
not be encroached upon or reduced in any manner.
(6)
All parking areas, passageways and driveways
(except where provided in connection with one- and two-family dwellings)
shall be adequately drained and surfaced with a dustless, durable,
all-weather surface, subject to approval of the Planning Board.
(7)
Each off-street parking space shall be so designed,
maintained and regulated that no parking or maneuvering incidental
to parking shall be on any public street, walk or alley, and so that
any motor vehicle may be parked and unparked without moving or damaging
another.
(8)
The collective provision of off-street parking
areas by two or more buildings or uses located on adjacent lots may
be approved by the Planning Board, provided that the total of such
facilities shall not be less than the sum required of the various
buildings or uses computed separately.
(9)
Off-street parking for nonresidential or multiple-family
uses shall be set back not less than 25 feet from the front lot line.
Off-street parking may be permitted in rear and side yard areas subject
to approval of the Planning Board. Off-street parking for single and
two-family dwellings shall be provided on a driveway which provides
access to such residences or a garage which is accessory to such residential
uses.
(10)
No driveway providing access to an off-street
parking area shall be located within 20 feet of any side lot line,
or within 50 feet of a street intersection measured along the curbline
of the same street on which the driveway is located.
B.
Location of off-street parking facilities. Off-street
parking facilities shall be located as hereinafter specified. Where
a distance is specified, such distance shall be walking distance measured
from the nearest point of the parking facility to the nearest public
entrance of the building that such facility is proposed to serve.
(1)
For one- and two-family dwellings and for all
types of residential structures: on the same lot with the building
they are proposed to serve.
(2)
For multiple-family dwellings: not more than
200 feet from the building they are proposed to serve.
(3)
For other uses: not more than 350 feet from
the building they are proposed to serve.
C.
Screening and landscaping.
(1)
Off-street parking areas for more than five
vehicles shall be effectively screened on the rear and side yards
by a fence of acceptable design, unpierced masonry wall, landscaped
berm or compact evergreen hedge. Such fence, wall or hedge shall not
be less than six feet in height and shall be maintained in good condition.
(2)
When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart. The planted buffer area shall not be less than 10 feet in depth.
D.
Lighting.
(1)
All off-street parking areas and appurtenant
passageways and driveways (excluding areas serving one- and two-family
dwellings and farm dwellings) shall be illuminated adequately during
the hours between sunset and sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street
parking area shall be so arranged as to reflect the light away from
all adjoining property.
E.
Units of measurement. When units of measurement determining
the number of required parking spaces result in the requirement of
a fractional space, any fraction shall require one parking space.
F.
Mixed occupancies and uses not specified. In any case
of mixed uses, the total requirements for off-street parking facilities
shall be the sum of the requirements for the various uses computed
separately. In the case of a use not specifically mentioned in this
chapter, the requirements for off-street parking facilities shall
be determined by the Planning Board. Off-street parking facilities
for one use shall not be considered as providing required parking
facilities for any other use, except as hereinafter specified for
joint use.
G.
Joint use. The off-street parking requirements of
two or more uses, structures or parcels of land may be satisfied by
the same parking or loading space used jointly to the extent that
it can be shown by the owners or operators of the uses, structures
or parcels that their operations and parking needs do not overlap
in point in time. If the uses, structures or parcels are under separate
ownership, the right to joint use of the parking space must be evidenced
by a deed, lease, contract or other appropriate written document to
establish the joint use. Said document shall bind the owner, his heirs
and assigns to maintain the required joint use throughout the life
of such uses and shall be approved by the Town Attorney.
H.
Cross-access easements. In the review of site plans,
the Planning Board may, as a condition of approval, require cross-access
easements. Such an easement would be activated to connect the parking
lots of adjacent areas if and when the adjacent lots are developed
for nonresidential purposes.
I.
Required off-street parking space. The minimum number
of off-street parking spaces for specific uses as regulated in this
chapter is contained in Schedule II which is a part of this chapter.[2]
[2]
Editor's Note: Schedule II is included at the end of this chapter.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
A.
For every building, structure or part thereof having
more than 4,000 square feet of gross building area erected and occupied
for commerce and industry as well as other uses requiring the receipt
and distribution of materials and merchandise by vehicles, there shall
be adequate space provided and permanently maintained for loading
and unloading berths provided on the same lot with such building.
Such berths shall be located in order to avoid undue interference
with the public use of streets, alleys or off-street parking areas
and provided in accord with the following standards:
B.
The loading berth in each instance shall be not less
than 12 feet in width, 55 feet in length and 14 feet in height.
In order to encourage the sound development
of street frontage, the following special regulations shall apply
to all nonresidential buildings and uses:
A.
Each separate use, grouping of attached buildings
or groupings of permitted uses shall not have more than one point
of access. Additional accessways may be approved by the Planning Board
based on the need for such additional access which is supported by
a traffic analysis prepared and submitted by the applicant.
B.
The use of common access points by two or more permitted
uses shall be encouraged by the Planning Board in order to reduce
the number and closeness of access points along the roads and to encourage
the fronting of significant traffic-generating uses upon a parallel
access road and not directly upon a primary road. Access points for
industrial uses shall not be less than 24 feet nor more than 40 feet
in width. All other access points shall not be less than 20 feet nor
more than 30 feet in width.
[Amended 4-15-2003;1-15-2013 by L.L. No. 1-2013; 4-19-2022 by L.L. No. 3-2022
Fences shall be permitted or required as follows:
A.
Provisions applicable to all districts.
(1)
Except for fences associated with agricultural uses, a building
permit shall be required for the erection of any fence or privacy
structure. A site plan showing the proposed location and details of
the fencing or privacy structure shall be provided with the application
for the permit.
(2)
Closed fences shall not be permitted along any front lot line
or alongside lot lines between the front setback line and the highway
right-of-way. Open fences along these lot lines shall not be higher
than three feet above the adjacent ground level. Open fences allowed
herein shall be encouraged to be decorative, such as a split-rail
fence or board fence. Except as provided for in this article, wire
fences, other than chain link, shall be prohibited.
(3)
No fence shall be erected to encroach on any property line or
upon a public right-of-way or designated easement.
(4)
Where the land is used and occupied as a farm, open style fences
shall be permitted, as necessary, to restrain livestock.
(5)
No fence which is expressly designed with an intent to injure or malign anyone who attempts to climb such a fence shall be permitted. The exceptions to this rule are certain types of fences listed below in Subsection C(1).
(6)
The finished or decorative side of a fence shall face away from
the applicant's yard.
(7)
Chain link fencing used to enclose a tennis court may be permitted
up to 10 feet in height, provided that such fencing is not less than
25 feet from either the side or rear property line.
(8)
The restrictions specified herein shall not be applied so as
to restrict the erection of a wall for the purpose of retaining earth.
(9)
No fence that would impede or direct the flow for stormwater
runoff shall be erected in a flood hazard area.
B.
Provisions applicable to residential districts.
(1)
Fences on properties in Agricultural Conservation (AC), Rural
Residential (RR), Townhouse Residential (TH), and Waterfront Residential
(WR) districts may be erected up to a height of four feet within the
rear and side yard. Privacy structures and open and closed fences
up to a height of six feet may be permitted on a lot for the express
purpose of enclosing or screening a swimming pool or patio area. Such
privacy structures shall be subject to the front, side and rear setback
requirements of the zoning district. The complete enclosure of a yard
in this manner shall not be permitted.
(2)
Fences on properties located in High Density Residential (HD)
and Medium Density Residential (MD) districts may be erected up to
a height of six feet within the side and rear yard, and no fence more
than three feet in height shall be erected in the front yard. Chain-link
fences are limited to four feet in height. Fences erected under this
code section are not subject to property setbacks. Decorative fence
posts may extend above the foregoing height limitations by no more
than six inches.
(3)
Properties located in Agricultural Conservation (AC) and Rural Residential (RR) districts with a lot size of two acres or less may be erected in accordance with the provisions set forth in § 165-128B(2). Up to 50 linear feet of fencing, up to a maximum of six feet in height, may be installed without a permit to enclose a run or pen for domestic animals, subject to the front, side, and rear setback requirements of the zoning district.
C.
Provisions applicable to nonresidential districts.
(1)
Certain fences permitted; conditions.
(a)
Fences allowed in § 165-128B(1).
(b)
A fence up to a height of 10 feet, including a barbed-wire-top
or an electric-shock fence, may be permitted in the (HC) Highway Commercial,
(GC) General Commercial and (LI) Light Industrial Districts upon approval
of the Town Board. In order to obtain approval of the Town Board,
the applicant must demonstrate that any one of the following conditions
exists:
[1]
The fence is needed to prevent entry to an area which may be
hazardous to the health, safety or welfare of a person or persons.
[2]
The fence is needed to secure an area where materials and/or
equipment are stored.
[3]
The fence is needed to keep animals, other than common household
pets, except in a kennel situation, from leaving the site.
[4]
In the Board's opinion, other reasons are presented which,
in the general community interests of public safety, justify the need
for such a fence.
(c)
If such fencing is approved by the Town Board, the fact that
it is either barbed or electrified shall be clearly indicated on the
fencing at intervals of not more than 75 feet.
Private swimming pools shall be permitted as
an accessory use in the AC Agricultural Conservation District and
any residential district, provided that there is an existing residence
on said lot and the following regulations are complied with:
A.
Fences. Swimming pools shall be completely enclosed
and secured by a fence and gate in accordance with applicable NYS
codes.
[Amended 4-15-2003]
B.
Setbacks.
(1)
Outdoor swimming pools shall be located in the
rear or side yard. Such pools shall meet the setback requirements
of the specific zone district in which they are located.
(2)
No swimming pool shall be closer to the street
or front lot line than the front of the building or structure to which
the pool is an accessory use.
C.
Drainage. No permit shall be issued for a swimming
pool unless the applicant can show that the proposed drainage of such
pool is adequate and will not interfere with the property of others,
with public highways or with area drainage facilities.
D.
Lighting. No lights shall be erected, operated or
maintained in connection with a swimming pool in such a manner as
to create an annoyance to surrounding properties.
E.
Overhead wiring. All overhead wiring shall be installed
in accordance with the National Electric Code.
F.
Permits. Building permits shall be required for all
swimming pools 24 inches deep or deeper.
G.
Compliance with governmental requirements. Applications
for swimming pool permits shall comply with these regulations and
all applicable requirements of the State of New York and the County
of Monroe, including plumbing and building codes. Where the regulations
of the Town, county and state are inconsistent, the more restrictive
requirements shall govern.
