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.
A.
It is the purpose of this section to prevent adverse effects from
strip road frontage development, to promote and protect the public
health, safety and welfare and to prevent the number of entrances
and exits onto and off major state, county and Town highways from
multiplying as land is developed, and, when possible, to reduce the
number of entrances and exits now existing. In reviewing applications
for new development, additions to existing structures and special
use permits, the board having jurisdiction and/or the authorized official
in considering access to and from a parcel shall be guided by the
following criteria:
(1)
The proposed access does not, by reason of its location, create
a hazard of any nature to the public in general or to any adjacent
owner or occupant.
(2)
The highway's current and future road function as specified
in the Town of Penfield's Comprehensive Plan and other Town policies.
(3)
That more cohesive neighborhoods be developed, and abutting
property owners shall not be unduly and unnecessarily inconvenienced
in the future when it becomes necessary to widen highways to accommodate
greater traffic flows.
B.
Major highways.
(1)
Listed below are those highways where limited access shall be
considered:
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Baird Road
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Bay Road
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Blossom Road
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Carter Road
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Creek Street
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Empire Boulevard
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Fellows Road
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Five Mile Line Road
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Harris Road
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Hatch Road
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Huber Road
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Jackson Road
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Jackson Road Extension
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Panorama Trail
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Panorama Trail South
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Penfield Road
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Plank Road
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Route 250
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Route 286 (Atlantic/Browncroft)
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Route 441
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Salt Road
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Scribner Road
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State Road
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Watson Road
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Whalen Road
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(2)
In addition to the highways listed above, any other highways
shall be considered for limited access as may be deemed necessary
by the board having jurisdiction and the authorized official.
C.
Driveways.
(1)
All plans for structures to be erected, altered, moved or reconstructed,
and for the use of premises within such districts, shall contain a
plan for the proposed driveway access to the premises. No such plan
shall be approved unless such driveway access is onto a dedicated
public highway or a highway within a subdivision, which appears upon
a subdivision map approved by the Planning Board or Town Board, as
the case may be. 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 feet; or if a single driveway
in excess of 100 feet from the right-of-way is provided, the same
shall be 16 feet in width.
(2)
In specific cases and in the judgment of the board having jurisdiction
and/or the authorized official, circular driveways may be considered
one curb cut and thereby allowed for the reason that circular driveways
direct traffic in a forward motion which eliminates backing out onto
highways and also for the reason that such circular driveways often
provide more off-street parking than would otherwise be possible.
D.
Private roadways. Private roadways shall be allowed for not more
than five single-family residences. Furthermore, all plans for structures
to be erected on these private roadways shall contain a written notification
of all rights, responsibilities and obligations of those owners of
said residences to be erected thereon and be in a form acceptable
for recording in the Monroe County Clerk's office.
A.
Subject to the provisions of this chapter, the creation of any unreasonably
loud, disturbing and unnecessary noise in the Town of Penfield is
prohibited. Noise of such character, intensity and duration as to
be detrimental to the life or health of any individual is prohibited.
B.
Enumeration of loud, disturbing and unnecessary noises. The following
acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this chapter, but said enumeration shall not
be deemed to be exclusive, namely:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a danger signal; the sounding
of a multitoned or musical horn; the creation, by means of any such
signal device, of any unreasonably loud or harsh sound and the sounding
of such device for an unnecessary and unreasonable period of time,
except that this subsection shall not apply to vehicles of the Fire
Department, Police Department, emergency vehicles of municipal departments
or emergency vehicles of public service corporations or ambulances.
(2)
The playing of any radio, television, phonograph, musical instrument
or other machine or device for the producing, reproducing or amplification
of sound in such a manner or with such volume, particularly between
the hours of 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort
or repose of persons in any dwelling, hotel or other type of residence.
It shall be prima facie evidence of a violation of this section if
the sound emanating from such machine or device is:
(a)
Audible beyond the property line of the premises upon which
it is being used between the hours of 11:00 p.m. and 7:00 a.m.
(b)
Audible at a distance of 50 feet beyond the property line of
the premises upon which it is being used between the hours of 7:00
a.m. and 11:00 p.m.
(c)
Audible at a distance of 50 feet from such machine or device
if operated from within a motor vehicle on a public street.
(3)
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and repose of any
person in the vicinity.
(4)
The use of any automobile, motorcycle or vehicle so out of repair
or in such a manner as to create loud or unnecessary grating, grinding,
rattling or other noise.
(5)
The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, air compressor or motor
vehicle or motorboat engine or the making of a mechanical noise by
a compressor or refrigeration, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
A.
No building or other permit shall be issued until the required site
plans are conditionally approved by the authorized official and/or
board having jurisdiction to show how the off-street parking and loading
requirements are to be fulfilled.
B.
All parking facilities in any district in excess of 5,000 square feet and any addition to any parking facility of such existing size or where such addition shall create a parking facility of such size shall require site plan approval by the Planning Board or Town Board, as the case may be, pursuant to Article XII. Such parking facilities proposed to be less than 5,000 square feet in area may be approved by the authorized official pursuant to the standards set forth in Article XII.
C.
Off-street
parking spaces shall be provided and maintained as set forth in this
article for all uses in all zoning districts. Such off-street parking
spaces shall be provided at the time:
D.
Number
of spaces required. All parking spaces nine feet by 18 feet shall
be provided and satisfactorily maintained by the owner of the property
on the premises or in covenant connection therewith. Off-street parking
spaces shall be provided as follows:
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Use
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Minimum Number of Parking Spaces Required
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|---|---|---|
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Dwellings
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2 for each dwelling unit
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Professional residential offices or customary home occupations
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6 for each person engaged in the professional home occupation
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Theaters, churches or other places of public assemblage
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1 for each 3 seats, based on maximum seating capacity
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Bars, taverns, restaurants or other eating places
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1.5 for each 2 persons of legal occupancy as established by
the Town's Fire Marshal consistent with the New York State Fire Prevention
and Building Code; and 1 for each employee
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Hospitals, sanitariums, nursing homes, etc.
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1 for each 3 patients, and 1 for each employee, attendant or
member of the staff
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Business districts: all uses in commercial districts, except
office buildings
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5 for each 1,000 square feet of gross building floor area, exclusive
of covered walkways
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Office buildings
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1.5 for each 200 square feet of net office floor area
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Industrial buildings
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1 for each employee
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Hotels and motels
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1 per room or suite; plus 1 per 3 employees on maximum shift,
plus 1 for 3 persons to maximum capacity of public meeting rooms,
plus 50% of the spaces otherwise required for restaurants, accessory
uses, etc.
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Mobile/Manufactured homes within new mobile/manufactured home
parks
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2 paved (concrete or bituminous) spaces
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Farm markets
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5 per 1,000 square feet of gross building area devoted to retail
sales on the site
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Bed-and-breakfast establishments
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1 for each sleeping room in addition to other applicable requirements
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Child-care facilities
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1 for each employee on a shift and 1 for each 8 children on
site
|
(1)
Apartment houses and multiple dwellings 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 two parking spaces for each apartment or living unit
to be contained in such structure. A minimum of 25% of the number
of units shall have covered parking.
(2)
There shall be no specific number of on-site parking spaces
required for business establishments operating within the Four Corners
District. The Town Board shall review and make a determination of
an applicant's parking needs and how they can be met at the time a
request for a conditional use permit is made.
(3)
Other permitted uses not otherwise specifically listed above
shall furnish parking as required by the board having jurisdiction
and/or the authorized official.
(4)
The Planning Board or Town Board, as the case may be, may modify
parking requirements to reflect the needs of a particular use to be
developed, provided that the board is satisfied that the site may
be able to accommodate future uses with more intensive parking requirements.
Said area shall be identified and set aside on an approved site plan.
E.
Shared
parking.
(1)
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, provided that the owners or operators of the uses,
structures or parcels can demonstrate 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, covenant
or other appropriate written document to establish the joint use.
(2)
Where such shared facilities are not on adjacent lots, there
must be evidence of the right of public access across other lands
located between the subject parcels.
(3)
Where two or more properties are to provide shared parking in
a common off-street parking area, the board having jurisdiction may
consider the land area, buildings and site improvements of the participating
parcels as though they were located on a single parcel of land. In
so doing, the dimensional requirements of the total land area and
building improvements shall be used to determine the required number
of off-street parking spaces as required by the regulations specified
in this section.
(4)
Where two or more adjacent properties are providing parking
in a common off-street parking area, the board having jurisdiction
may, if deemed appropriate, reduce or waive the requirement for the
setback of off-street parking, loading or access from any abutting
side yard.
(5)
Shared access shall be required for sites within the TFOD as
identified in the Town's specifications and design criteria.
(6)
Where an applicant proposes the shared use of an accessway or
an off-street parking area by two or more properties, the board having
jurisdiction may authorize a reduction of up to 20% of the total number
of spaces which would have been required by the application of the
standards specified in this section. Any such reduction shall be authorized
on a conditional basis for an initial period of up to two years. During
this period, the authorized official shall periodically inspect the
property to determine if the number of spaces authorized by the board
having jurisdiction and provided by the applicant is sufficient to
serve the needs of the use. If, after the expiration of the conditional
period, the number of spaces provided by the applicant proves to be
sufficient, this condition of approval may be extended or deleted,
upon request by the applicant to the board having jurisdiction.
(7)
The applicant shall specify the location and availability of
the additional spaces that would otherwise have been needed to satisfy
the parking standards specified in this section. These spaces shall
be reserved to ensure their availability if the board having jurisdiction
were to determine that they are actually needed. This reservation
shall be identified by location and established as a condition of
site plan approval and/or a change of use or conditional use permit.
A note to this effect shall be added to the final site plan or instrument
survey. The reserved parking area shall not include any required buffer
areas or setbacks, or other areas which would otherwise be unsuitable
for parking due to the physical characteristics of the land or other
requirements of this chapter. The reserved area shall be appropriately
landscaped.
A.
Owners of subject premises shall be ordered by the authorized official
and/or board having jurisdiction to conform to any or all of the following
standards relating to traffic and parking control on subject premises
where such conformance is deemed necessary by the authorized official
and/or board having jurisdiction, in its discretion, to promote the
public health, safety and welfare and to ensure the safe and nonhazardous
use of such subject premises:
(1)
All premises and buildings in the Town of Penfield which the
Fire Department may be called upon to protect in case of fire or emergency
and which are not accessible from public roads shall be provided with
suitable access roads and fire lanes, so that all buildings on the
premises are accessible. The location, size, layout and nature of
said access roads and fire lanes shall be subject to the approval
of the appropriate board upon recommendation of the Fire Marshal.
In those areas where new construction is being undertaken, suitable
roads shall be constructed and maintained so as to provide access
to the Fire Department and other emergency vehicles prior to the commencement
of any aboveground construction.
(2)
Fire lanes for shopping centers, office buildings, places of
assembly and other commercial buildings shall be a minimum of 30 feet
in width, and 25 feet in width in multiple-dwelling residence districts.
Fire lanes shall consist of H-20 loading criteria as per Town specifications.
When the above criteria are not practicable, the Fire Marshal shall
make recommendations to the appropriate board for the size of fire
lanes.
(3)
The signs required to be posted by this chapter shall conform
to the size and color requirements for parking signs as set forth
in the Manual of Uniform Traffic Control Devices of the New York State
Department of Transportation. In addition, said signs shall also:
(a)
Have arrows pointing in the direction of the area designated
as a fire lane.
(b)
Be posted not more than 50 feet apart.
(c)
Be neither of a portable nor moveable type except where otherwise
directed by the Fire Marshal.
(d)
Have wording to read: "No Parking — Fire Lane" or "No
Standing — Fire Lane" as required by the Fire Marshal.
(4)
Traffic lanes for the control and regulation of automobile,
truck, bicycle, other vehicle and pedestrian flow in the parking area
shall be established and maintained and properly delineated through
the use of pavement markings, signs or median strips.
(5)
Parking lines for parking spaces shall be established and maintained
in the parking area and shall be properly painted and marked as such.
(6)
Provision shall be made on the subject premises for the parking
of bicycles and motorbikes.
(7)
Provision shall be made for the safe movement of pedestrians
while in the parking area or accessory area through the use of walkways,
medians and crosswalks.
(8)
Curbing and traffic barriers or islands shall be built where
necessary and maintained so as to enforce desired traffic patterns
within the parking area. Where possible, traffic islands shall contain
vegetation and landscaping conducive to growth in a parking area environment.
(9)
Stop signs, flashing signals or yield signs shall be erected
at entrance or exit locations to a parking area or at intersections
within the parking area where required for traffic safety.
(10)
Signs regulating parking, traffic flow and speed limits on subject
premises shall be erected.
(11)
The owner may be required to properly designate an agent for
service of process who resides in and has an office in Monroe County,
State of New York.
(12)
In commercial areas, all vehicles shall be placed only in approved
parking areas previously designated as such by the authorized official
and/or appropriate board having jurisdiction for parking.
B.
Procedure for establishing traffic and parking control standards.
(1)
The authorized official shall notify the owner of subject premises
of the standards for traffic and parking control which must be met.
Such notice shall be in writing and addressed to the owner of record
of such subject premises at the address shown on the last preceding
assessment roll, and sent by certified mail, return receipt requested,
or hand delivered. Within 30 days of the receipt of such notice, or
within such time as the authorized official consents, such owner shall
present to the authorized official a comprehensive plan and time schedule
for conforming to such standards. The authorized official, after review
of such plan by the Town Engineer/consulting engineer and other appropriate
boards or officials, shall present such plan and time schedule to
the board having jurisdiction, which may make such revisions or add
such requirements as it deems necessary to promote the public health,
safety and welfare and to ensure the safe and nonhazardous use of
such subject premises. Such owner shall be notified in writing by
certified mail, return receipt requested, or by hand delivery, of
the approval of such plan and time schedule, together with revisions
and/or additional requirements to be met. Subsequent to such notification,
such owner shall conform to the standards and requirements as finally
determined by the board having jurisdiction within the time schedule
so specified, except where such owner makes application to the board
having jurisdiction for a public hearing as provided herein, in which
case conformance shall be stayed until the decision of the board having
jurisdiction subsequent to such public hearing.
(2)
Within 10 days of receipt of notification of approval of such
plan and time schedule, together with revisions and/or additional
requirements, an owner of subject premises may make written application
to the board having jurisdiction for a public hearing under this section
for the purposes of reviewing the traffic and parking control standards
required by the board having jurisdiction and to permit such owner
to submit any objections to the plan and time schedule, as may be
revised by the board having jurisdiction for the public record and
for the board having jurisdiction.
(3)
Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the board having jurisdiction within the specified time schedule shall be a violation of this chapter and such owner shall be subject to the enforcement proceedings and penalties set forth in Article XV.
C.
The standards set forth in this section shall be applied by the board
having jurisdiction on application by an owner of property for site
plan approval where such property, after approval, would fall within
the definition of "subject premises" herein.
D.
Regulations. Any holder of a subject premises shall comply with the
following regulations:
(1)
All roads, sidewalks, driveways and parking areas used in connection
with subject premises must be kept in proper repair, free from potholes,
free from dirt where paved and free from refuse, snow and ice, except
that snow may be piled on subject premises so long as it does not
interfere with the internal circulation and parking of the parking
area and does not hinder driver vision when entering or leaving the
subject premises.
(2)
The subject premises must be kept free and clear of ashes, dirt,
debris, rubbish, garbage, refuse and other obstructions and must be
kept properly repaired and maintained.
(3)
Fire lanes, traffic lanes and parking lines for parking spaces,
where required, shall be maintained and properly painted and marked
so that such lanes and lines will be clearly visible to vehicle operators
and pedestrians.
(4)
Because of the traffic and safety hazard resulting from the
random leaving of shopping carts in parking and accessory areas by
persons, holders which provide shopping carts for customers and allow
customers to remove such carts from store premises are required to
take whatever steps are necessary to ensure that such carts are not
left in parking or accessory areas after use by such customers. Shopping
cart collection stations may be used in a parking area, provided that
such stations do not create a traffic hazard, are kept free of snow
and ice and are frequently policed by the store's employees so that
the capacity of the stations is not exceeded. Failure of a holder
to remove its carts from a parking or accessory area, other than from
a cart collection station with sufficient capacity for more than 30
minutes after use by a customer, shall constitute a violation of this
article by such holder. Each cart that remains in a parking or accessory
area in violation of this regulation shall constitute a separate offense.
(5)
All prescribed lights on subject premises must be kept in proper
working order and lighted during the darkness period when the subject
premises or any portion thereof is being used by the holder, or the
subject premises or any portion thereof is open for business. The
authorized official may require the holder of any subject premises
to reduce outdoor lighting after business hours.
(6)
All fences, signs, screening, curbing, traffic barriers and
islands, grass, trees, shrubbery, landscaping, retaining walls, slopes
and other space used in connection with subject premises must be maintained
and/or repaired.
(7)
All water drains and water drainage systems used in connection
with subject premises must be kept clean and in proper working order.
(8)
All stormwater retention ponds and systems related thereto used
in connection with subject premises shall be maintained in proper
working condition.
(9)
All exterior areas on subject premises must be kept free and
clear of the storage of goods, wares and merchandise unless otherwise
permitted by an outside storage and display permit. Loading and unloading
are to be done in designated zones only.
(10)
All refuse and rubbish must be stored in a designated place
or placed in properly covered refuse receptacles, which shall be screened
from public view by fencing or other appropriate techniques.
(11)
There shall be, at convenient places for use by public, proper
trash receptacles, which shall be sufficiently serviced to prevent
overflow.
(12)
Where required, facilities for the parking of bicycles and motorbikes
on subject premises and parking spaces and related ramps and facilities
for handicapped persons shall be maintained and properly designated.
(13)
Traffic and parking control standards to which holders of subject
premises have conformed under this section must be maintained.
(14)
Engineering requirements, landscape plans, parking and traffic
control plans or any other criteria or requirements upon which the
approval of a site plan or special use permit for subject premises
shall be obtained from the board having jurisdiction.
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.
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.
A.
Any building, other structure or use of land which is made nonconforming
by any lot size, open space, height or building size requirements
of this chapter, or by any subsequent amendments thereto, may be continued
except as hereinafter provided.
B.
Such nonconforming building, other structure or use of land enlarged
or extended shall comply with the regulations of this chapter and
shall be located within a district which permits said use.
A.
Where
any use in any district, other than for customary agricultural operations,
involves operation between the hours of 1/2 hour after sunset and
1/2 hour before sunrise, proper exterior illumination of suitable
intensity may be required by the authorized official at each entrance
and exit and along each side of any building. Said exterior illumination
shall be localized and unobtrusive. In cases where property owners
propose the use of exterior illumination, said illumination shall
be localized and unobtrusive and shall not create a nuisance to neighboring
property owners. Any existing exterior illumination which is in violation
of this section shall be immediately brought into compliance through
the use of approved shielding, decrease in wattage or relocation.
B.
Lighting
in TFOD.
(1)
Lighting of properties within the TF Overlay District shall
be coordinated so as to provide consistency of design and to maximize
the efficient use of energy. All such lighting shall be located and
designed so as not to cause glare on any adjacent sites and shall
be subject to the approval of the board having jurisdiction.
(2)
Exterior lighting proposed within 200 feet of any residential
district shall be no more than 20 feet in height, and in no case shall
lighting be permitted in excess of 30 feet in height. All light poles
shall be landscaped at their bases; the board having jurisdiction
shall approve said landscaping.
A.
Any person within any district may erect a roadside stand and sell
from same agricultural products only produced on his/her premises
located within the Town. Any such stand shall be of temporary construction
and shall comply with all the conditions and regulations prescribed
for structures in the district in which the stand is located. Such
stand may not be erected nearer than 20 feet to the macadam surface
nor within the right-of-way. There must be provided for any roadside
stand a parking area sufficient to accommodate vehicles and to eliminate
traffic hazards. In the event that parking occurs along a right-of-way,
said parking shall be conducted in a safe and orderly manner and coordinated
by the farm stand operator, subject to all state, county and Town
requirements. Roadside stands shall be permitted to have two temporary
signs, not to exceed 10 square feet each in area, which must be placed
on the site where the sale of produce will occur.
B.
Farm markets. Any person within any residential zoning district may erect a farm market and sell agricultural products, provided the property complies with the standards set forth herein. Any such market and its accessory structures shall be permitted by the authorized official pursuant to Article XII of this chapter and subject to the following criteria:
(1)
Such farm market shall be constructed on not less than five
acres of property identified with the same tax account number.
(2)
The maximum building area devoted to farm market retail sales
area shall not exceed 10,000 square feet; however, accessory growing
structures shall be permitted, provided that the principal farm market
and said accessory structures maintain a fifty-foot setback from all
property lines.
(3)
The primary function of the farm market operations is to sell
agricultural produce and plant materials which have been grown on-
or off-site (edible and nonedible). Farm markets are also permitted
to sell other such items which are considered incidental and ancillary
to those items listed above, such as fertilizers, herbicides and pesticides,
lawn and garden tools and equipment, and lawn furniture.
(4)
The farm market operations may be conducted 12 months per year.
(6)
Outside storage and display of produce and plant materials shall
be permitted on all portions of the property, with the exception of
areas where traffic sight distance will be impacted. No outside storage
and/or display of said materials shall be permitted within the public
right-of-way at any time.
(7)
Outside storage and display of all other items accessory and
incidental to a farm market operation shall be placed in an approved
area, not less than 50 feet from any property line. The size of said
storage area shall not exceed 25% of the size of the principal farm
market structure and shall be effectively buffered in a manner that
it will not create a nuisance to adjacent properties, as determined
by the authorized official.
A.
The dumping of any material not expressly permitted by the Environmental
Protection Ordinance of the Code of the Town of Penfield is hereby
declared to be the dumping of waste material and is prohibited in
all districts in the Town, with the exception of sanitary landfills
which have been approved by the appropriate state, county and Town
agencies. The preceding sentence is not intended and shall not be
construed to authorize (whether in sanitary landfills approved by
any state, county, or other authorities, or otherwise) any natural
gas and/or petroleum exploration, extraction or production wastes
disposal/storage facilities, natural gas and/or petroleum exploration,
extraction or production wastes dumps, or any other explicitly prohibited
uses anywhere within the Town.
B.
For the purposes of this section, the term "waste material" is meant to include, but is not limited to, the following: garbage, refuse, trash, junk, ashes, decaying vegetation, papers, offal, obnoxious and offensive substances and any material dumped without authorization under the provisions of Chapter 187, Article I, Garbage and Refuse Control, of the Town Code.
C.
The authorized official may order waste material dumped in violation
of this section to be removed from the premises where dumped within
a reasonable period of time. Such an order may be issued to the person(s)
who dumped the waste material when he, she or they are known. When
the dumper(s) is not known, an order to remove the dumped waste material
may be issued to the owner of the property upon which the waste material
has been dumped. When an order to remove is issued pursuant to the
authority granted hereinabove, such order shall be in writing and
shall be served personally upon the dumper or the owner of the property
upon which waste material has been dumped, pursuant to Civil Practice
Law and Rules § 308.
D.
When a lawful order to remove waste material is not obeyed within
a reasonable time, the authorized official may cause the waste material
to be removed.
E.
It shall be an offense for any person to dump waste material in violation
of the provisions of this section or to fail to obey an order issued
under the authority granted hereinabove to the authorized official.
F.
Nothing contained in this section shall be construed as prohibiting
a property owner from maintaining a compost pile on his/her property;
nor shall this section be construed as prohibiting normal agricultural
activities. Any compost pile shall meet the minimum setback requirements
for structures within the zoning district in which the property is
located.
A.
Purpose. It is the purpose of regulating outdoor storage and display
in all districts to promote aesthetic appeal and end visual pollution
and clutter. While recognizing that outdoor storage and display may
at times be necessary or desirable, it is the purpose of this section
to discourage and eliminate such outdoor storage and display whenever
such may be achieved without the creation of a genuine hardship.
B.
Business districts.
(1)
In any LB, FC, B-NR or GB District, no fixed or portable equipment,
motor vehicles, or other materials shall be permitted to be stored
or displayed nor shall any stands for sale or display be permitted
in such a district outside an enclosed building unless a special use
permit shall have first been granted by the Zoning Board of Appeals.
Such Board may permit the outdoor display or storage of such equipment
or materials upon such conditions as it may deem reasonable, provided:
(a)
Such storage and display is an accessory use to the main business
conducted or to be conducted on the premises.
(b)
Such storage and display is not within 100 feet of the line
of a residential zoning district.
(c)
Such storage and display is not at such distance from any public
highway as to interfere with the safe use of such highway.
(d)
Such storage and display does not unreasonably interfere with
the quiet enjoyment of property by adjacent property owners.
(2)
The fee for the issuance of a special use permit by the Town
Clerk shall be established by resolution by the Town Board. Any permit
granted hereunder may be revoked by the Zoning Board of Appeals after
due hearing on not less than 10 days' written notice to the person
holding such permit in the event that the holder of such permit violates
any of the conditions of the issuance thereof or of this section.
(3)
Unless the Zoning Board of Appeals shall set a shorter period
of duration, each such permit shall be valid for a period of three
years.
(4)
Temporary outside storage, display and sales permits of a duration of one week or less may be granted by the authorized official up to and including four times per year, provided the applicant demonstrates the ability to meet the conditions of Subsection B(1) of this section. The fee for the issuance of a temporary permit shall be established by resolution by the Town Board. Permits granted pursuant to this subsection shall be issued by the Town Clerk upon payment of the required fee. Any temporary permit granted hereunder may be revoked immediately by the authorized official in the event the use made hereunder violates any of the conditions of its issuance or shall have become a nuisance.
[Amended 2-3-2021 by Res. No. 21T-066]
C.
Limited Industrial Districts. All requirements set forth in Subsection B of this section pertaining to outdoor storage and display in business districts shall apply to such outdoor storage and display in Limited Industrial Districts, except:
D.
Residential zoning districts.
(1)
Applicability. The requirements for this section shall apply
to all outdoor storage and display in any district zoned RA-2, CR-2,
RR-1, R-1-20, R-1-15, R-1-12, MR, TH, PD, LLD, FC or MHP.
(2)
Materials, refuse and debris.
(a)
No building material, portable equipment, construction equipment,
refuse, rubble, debris or waste shall be permitted in any portion
of the right-of-way, with the exception of refuse placed by the road
less than 24 hours prior to scheduled pick up by a contracted trash
hauler or materials and equipment used for the maintenance of a public
right-of-way or public utilities when performed by a government agency
or subcontractor of such agency.
(b)
No building material, portable equipment, construction equipment,
refuse, rubble, debris or waste shall be stored or kept in such a
manner as to adversely affect the safe use of any roadway by vehicle
traffic or pedestrians.
(c)
No building material, portable equipment, construction equipment,
refuse, rubble, debris or waste shall be permitted to be stored or
kept on a property; except that such material shall be permitted,
provided it is stored or kept on a property temporarily when associated
with the maintenance, construction, service or repair of the property,
and further provided that such material shall be removed immediately
upon completion of such maintenance, construction, service or repair.
(d)
No building material, portable equipment, refuse, rubble, debris
or agricultural waste shall be stored or kept in any residential zoning
district closer to any highway than the front setback distance applicable
to such property.
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.
A.
Purpose. The purpose of this regulation is to promote the health,
safety and general welfare of the Town of Penfield, to regulate and
enforce regulations concerning the use of recreational ramps and to
ensure and not interfere with the quiet enjoyment of property owners
within the Town.
B.
General regulations.
(1)
Recreational ramps shall be prohibited within any right-of-way
or private roadway;
(2)
Recreational ramps must comply with all minimum zoning setback
requirements, but in no case shall a recreational ramp be constructed
less than 30 feet from any adjoining property boundary.
(3)
Only one person may be upon a recreational ramp at one time.
Users must wear protective safety equipment.
(4)
Recreational ramps shall be used only between the hours of 11:00
a.m. and 7:00 p.m. or until 8:30 p.m. during daylight savings time.
(5)
There shall be no more than one recreational ramp permitted
on any property.
C.
Construction requirements.
(1)
No recreational ramp shall be in excess of six feet in overall
height, excluding handrails. All building construction shall include
insulation or other sound-deadening materials and shall be designed
and constructed in a safe, workmanlike manner. Closure of the open
ends of the recreational ramp shall be required, and orientation of
the recreational ramp shall direct noise away from adjacent properties
wherever possible. Owners of said facilities shall be encouraged to
buffer, landscape or otherwise screen or contain the noise generated
by skateboarding activities on their property. The Building Inspector
is authorized to place conditions upon the building permit requiring
landscaping improvements to be installed to minimize and mitigate
adverse visual and noise impacts.
(3)
The Town of Penfield shall assume no responsibility for design,
safety, and structural integrity or otherwise in its issuance of a
building permit for a recreational ramp, which shall be the sole responsibility
of the applicant/owner thereof.
(4)
The construction of a recreational ramp shall require issuance of a building permit in accordance with Chapter 94, Article I, Building Code Administration and Enforcement, of the Town Code. The fee for a building permit for recreational ramps shall be determined and set by the Town Board by resolution.
D.
Use and maintenance. Such recreational ramps shall be used and maintained
in such a way as not to be detrimental to the health and safety of
any individual or be contrary to the public welfare because of their
hours of operation, noise level, location and type of outdoor lighting
and/or conduct of the person(s) using and/or operating such ramps.
E.
Existing recreational ramps.
(1)
Owners of existing recreational ramps without permits shall, within 30 days following the enactment of this section, file an application for a permit with the Building Department, showing compliance with this section or seeking a waiver from its terms pursuant to Subsection F.
(2)
Owners of existing recreational ramps who fail to obtain a building
permit for said ramps shall have 90 days, from the effective date
of this regulation or from determination denying the permit, whichever
is later, to remove such nonconforming structures or uses.
F.
Variances. The Zoning Board of Appeals may, upon appeal by an owner/operator,
grant variances from the provisions of this section in accordance
with law, and upon a determination that privacy, use, quiet enjoyment
and value of the neighboring properties shall not be adversely affected
thereby.
