East Rochester City Zoning Code
ARTICLE III
Regulations Applicable to All Districts
§ 193-9 Compliance required; unlawful reduction of open space.
A.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land or buildings be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the schedule.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
B.
Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations designated in the schedule and 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 shall become void.
§ 193-10 Excavation and grading; preservation of natural features.
A.
Excavation or grading shall be permitted in conjunction with the construction or structural alteration of a building and/or adjacent land areas to serve said construction, provided that a building permit is obtained for such construction and the extent of grading and excavation is specified in the permit.
B.
Any excavation or grading which would move at least 10 cubic yards of material and which is not in conjunction with construction for which a building permit has been issued shall require a grading permit issued by the Building Inspector/Code Enforcement Officer. Applications for a grading permit shall be accompanied by evidence that the provisions of this chapter are adhered to. The Building Inspector/Code Enforcement Officer may refer any application for a grading permit to the Town/Village Engineer for review.
C.
Existing natural features, such as trees, brooks, drainage channels and views, shall be retained to the extent possible. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
D.
No grading or excavation shall be permitted that would alter drainage patterns to the detriment of any neighboring property.
E.
Erosion and sedimentation shall be managed in accordance with generally accepted standards.
§ 193-11 General regulations.
A.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
B.
Accessory buildings. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side and/or rear yard area, shall conform to the side and/or rear yard requirements of Schedule I.[1] An accessory building shall not exceed 1/2 of the height of its principal building up to a maximum height of 20 feet.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
C.
Every principal building shall have access to a street improved to meet Town/Village requirements. Access may be either direct or by private road or drive approved by the Town/Village.
D.
At the intersection of two or more streets, no hedge or opaque or solid fence or wall (other than a single post or tree) which is higher than three feet above curb level nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from said intersection along said street line.
E.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required minimum front yard setback shall be measured from such proposed right-of-way line.
F.
Business structures or uses shall not display goods for sale or coin-operated vending machines of any type in any location which would infringe upon the required yard area specified in this chapter, except during special sales events sanctioned by the Town/Village.
G.
All yards, open space, off-street parking and required landscaping designed to serve a specific use shall be contained within the same zone district as the use which such yards, open space or off-street parking is intended to serve.
H.
No tow truck and no commercial vehicle of over one-ton load capacity shall be parked or stored out of doors overnight or on Sunday in conjunction with a residential property in a residential zone. No display vehicles for commercial purposes shall be parked in any district for display purposes.
I.
All yards fronting on a street shall be considered front yards and shall conform to the minimum front yard requirements for the district in which said use is located.
J.
Recreational utility vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
No recreational utility vehicle shall be stored outside at any place in the Town/Village on public property or parked outside on public property for more than 48 hours.
(2)
No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment except for vehicular parking on driveways. No recreational utility vehicle shall be parked or stored within a required front setback.
(4)
No recreational utility vehicle shall be parked or stored outside of a building on any residential property for a period of more than one week unless it is owned by a resident of the premises.
(5)
A maximum of two recreational utility vehicles may be stored outside of a building on any lot containing a dwelling unit. Only one such vehicle may be equal to or greater than nine feet in height or 20 feet in length.
(7)
No camper/RV, camper trailer or boat shall be used for residential purposes.
K.
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 with respect to either any existing structures or use or any proposed structures or use.
L.
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 maintenance of such public utilities. All new public and private utilities installed in new or redeveloped residential and commercial districts shall be placed underground.
M.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced. No accessory building shall be used unless the principal building on the lot is also being used.
N.
No basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is a part. It shall be unlawful to occupy all or any part of a cellar for living purposes.
O.
No fence shall be erected in the Town/Village without a permit.
(1)
All fences shall adhere to the following requirements:
(a)
No fence shall be permitted within a required front yard, except that the Zoning Board of Appeals may issue a special permit for a decorative fence within the front yard, subject to the provisions of Subsection O(3) of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located more than 40 feet from the street line.
(c)
Fences may be erected, altered or reconstructed to a height not to exceed four feet above ground level when located closer than 40 feet to the street line but not in a required front yard.
(d)
No fence shall be permitted within three feet of a principal or accessory building except for that portion of the fence that connects to the principal or accessory building.
(e)
The face side of any fence erected in any district shall face the nearest abutting property, and all posts or supports shall be on the inside of said fence, unless said posts or supports constitute an integral part of said face side.
(f)
No person shall construct or maintain a fence of barbed wire, or of which barbed wire is a part, along the line of a street or sidewalk. No person shall construct or maintain a fence of barbed wire elsewhere in the Town/Village without permission, in writing, from the Board of Trustees.
(g)
A single strand of wire shall not be erected, placed or maintained so as to be dangerous to life or limb of any person because of its height.
(h)
No fence shall be constructed which obstructs access to an existing driveway.
(i)
No back-to-back boundary fences shall be permitted unless the abutting fence is owned by an adjacent property owner.
[Added 7-9-2012 by L.L. No. 3-2012]
(j)
Fences manufactured for temporary use, including but not limited to snow fencing and barrier fences, shall not be used as permanent fencing for more than six months from the time the permit is issued.
[Added 7-9-2012 by L.L. No. 3-2012; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that the construction of such wall meets the provisions of § 193-10.
(3)
The Zoning Board of Appeals may issue a special permit for a decorative fence in the front yard, provided that the following requirements are met:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Such fence shall not exceed a height of 36 inches. The Zoning Board of Appeals may require a lower height to minimize visual impacts resulting from changes in elevation within the lot.
(b)
No less than 50% of the face of such fence shall be open.
(c)
Such fence shall be constructed of wood or other material that is consistent with the character of the neighborhood. Chain link or similar metal fence materials shall not be considered "decorative."
P.
The surface grade of the front yard at the front wall of a principal residence building shall not be less than one foot above the elevation of the center line of the traveled way of the street or highway measured at the midpoint between the side lines of the lot. Where unnecessary hardship due to topographic conditions exists, the Zoning Board of Appeals may vary the front yard gradient requirements upon the approval of an alternative storm drainage plan by the Town/Village Engineer.
Q.
Unless specifically permitted under the applicable district regulations, no materials of any kind shall be stored in any residential or commercial use districts, except for the construction of structures to be actually erected upon the lot or lots upon which said materials are stored within one year from the date of the beginning of such storage, unless a permit is granted therefor by the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
R.
All doghouses and/or dog runs or enclosures accessory to a residential use shall be erected at least 15 feet from the property line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
S.
Prohibited uses. In all districts, uses not specifically permitted shall be prohibited.
T.
Swimming pools.
(1)
No swimming pool shall be constructed, built, erected or maintained without a building permit having been issued by the Building Inspector/Code Enforcement Officer; provided, however, that no permit shall be necessary for any pool of a capacity less than 240 gallons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Swimming pools shall meet all requirements of the New York State Uniform Fire Prevention and Building Code and the requirements of the Town/Village Code.
(3)
No swimming pool shall be built, constructed, erected or maintained nearer to the side lines than five feet on a thirty-foot-wide lot and seven feet on a forty-foot-wide lot and, for all other lots greater than 40 feet in width, nearer than 10 feet to the side lines or rear line of the lot upon which it is located or closer to the front line than the existing allowable setback of the main building. On any corner lot, no swimming pool shall be built, constructed, erected or maintained nearer the street line than the present allowable existing distance for other structures thereon or allowable thereon.