Fairport City Zoning Code
ARTICLE X
Supplementary Regulations
§ 550-48 Landscaping; fences.
A.
Landscaping.
(1)
Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. A special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential zones or uses.
(2)
In addition to such buffer planting, the owner of the commercial property shall erect on the buffer area a fence of at least four feet in height for the purpose of protecting the residential property from litter, debris, light glare and such other nuisances that would disturb peaceful possession. Such fence shall be a closed-post-picket solid fence containing no more than 25% open space. The responsibility of maintenance of the commercial property referred to herein shall be joint and/or shared between the owner of the property and any other tenants who are in possession thereof.
B.
Fences.
[Amended 11-10-1997 by L.L. No. 4-1997; 4-9-2001 by L.L. No. 3-2001]
(1)
Fences may be erected in any district, subject to the provisions of this chapter, and upon issuance of a permit therefor by the Zoning Officer. The Zoning Officer shall issue a permit for the erection or construction of a fence upon receipt of a written application accompanied by a scale map or drawing showing the proposed fence and its construction, height, length and appearance, evidencing compliance herewith.
(a)
No fence shall be constructed, established or built in excess of six feet in height; except, however, fences not exceeding 16 feet in length in any direction constructed or erected not closer than 10 feet to any lot line. Such fences shall not be built or established in excess of seven feet.
(b)
The following fences and fencing materials are specifically prohibited at any location on the lot upon which a dwelling or structure is situated: barbed-wire fences, sharp-pointed fences, electrically charged fences, temporary fences, such as snow fences, expandable fences and collapsible fences.
(c)
Every fence shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Zoning Officer.
(d)
All fences must be erected within the property lines. No fence shall be erected, repaired or replaced so as to encroach upon a public right-of-way or to be closer than three feet to a sidewalk. Where there is no public sidewalk, the fence shall be erected or constructed a minimum of 12 feet from the street edge.
(e)
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(f)
No person shall, by the erection of any fence within the Village pursuant to the terms of this chapter or otherwise, acquire thereby any easement or other interest in or servitude upon any presently existing easement, right-of-way or other proprietary right or interest of the Fairport Municipal Commission, and the publication of this chapter shall and hereby does constitute notice of the Commission's rights-of-way or other proprietary interest, and any such right, title or interest which it may acquire in the future, free from any prescriptive encroachments in the form of fences erected pursuant to this chapter.
(g)
All swimming pools shall be surrounded by a substantial impassable fence at least four feet high, each entrance to which, whether gate or door, shall be equipped with a self-closing and self-latching device, All such gates or doors shall be kept closed and locked when the pool is not in use. A wall or walls or a building, including the wall or walls of the swimming pool, if at least four feet high, may be used in place of said fencing. The step area must be removable or fenced in like manner to the foregoing, and the filter and accessory equipment must also be fenced in accordance with the foregoing. The fence may be constructed at the lot line, provided that all other requirements of this chapter are met.
(2)
Permitted front yard fences. The following fences may be erected in a front yard:
§ 550-48.1 Front porches.
[Added 11-13-2018 by L.L. No. 6-2018]
A front porch shall be allowed on preexisting, nonconforming single- and two-family residential properties in residential zoning districts, subject to the following regulations:
A.
Front setback. Front porches may be constructed no closer than 10 feet from the right-of-way.
B.
Maximum depth. Front porches that do not meet the minimum front setback for the zoning district cannot exceed eight feet in depth.
C.
Stairs. Stairs leading to a front porch must be set back at least five feet from the right-of-way. Stairs must be constructed to the minimum allowance of the Uniform Building Code.
D.
Side setbacks. Front porches shall not be constructed closer to the side setback than the existing home and shall in no event encroach closer than five feet to the side lot line.
E.
Roof required. A front porch must be covered by a roof.
F.
Corner lots. Houses on corner lots may have a front porch in the front yard. Said porch may meet the setback requirements allowed in this section, provided that said porch does not extend further than a line connecting the adjacent streets drawn at a forty-five-degree angle past any corner of the house facing said streets, as shown on Figure 550E.
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G.
Variances. Porches on one- and two-family homes in nonresidential districts shall be reviewed by the Zoning Board of Appeals as area variances, not use variances. Porches on nonconforming two-family homes in residential districts unable to meet the criteria in this section shall be reviewed by the Zoning Board of Appeals as area variances, not use variances.
§ 550-49 Off-street parking.
A.
Off-street parking provisions and standards.
(1)
Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such 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. All parking areas, passageways and driveways shall be surfaced with asphalt, concrete, brick or similar dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Village Engineer.
[Amended 11-10-1997 by L.L. No. 4-1997]
(2)
Subject to conditions of § 550-74B(6) and (8), none of the off-street parking or buffer facilities that are required in this chapter shall be required for any building or use existing on the date of adoption hereof, provided that if any said building is enlarged or if the use or occupancy thereof, in whole or in part, is expanded, altered or changed, the provisions of this chapter shall apply to such increased portion of the building or to the expanded, altered or changed use or occupancy and, to the extent found practicable during any required site plan review before the Planning Board, to the remaining portion of the land or building affected.
(3)
A site plan shall be filed with the zoning permit application where off-street parking facilities are required or permitted, under the provisions of this chapter, in connection with the use or uses for which application is being made. A guaranty in either bond or escrow must be posted with the Village to cover costs of improvements to off-street parking as estimated by the Village Engineer.
(4)
Driveways shall have a ten-foot setback from any street or property line excepting the street or property line at the terminus of the driveway.
[Added 5-10-2010 by L.L. No. 1-2010]
(5)
Parking areas or turnarounds, other than those authorized pursuant to Chapter 347, Outdoor Storage, may be located in any zoning district subject to the following:
(a)
All parking areas and turnarounds shall have a ten-foot setback from any street or property line.
(b)
Except as provided herein, no parking area may be located in the front yard in residential districts, as classified in § 550-5 hereof. In residential districts, parking areas may be executed as either:
[1]
An area located in front and to the side of a garage, measuring no more than eight feet by 30 feet, exclusive of the access apron, as depicted in Sketch A in the attached schedule;[2] or
[2]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
[2]
An area located immediately adjacent to the garage, no wider than 10 feet and no longer than the length of the garage, exclusive of the access apron, as depicted in Sketch B in the attached schedule.[3]
[3]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
(c)
Except as provided herein, no turnaround may be located in the front yard in residential districts, as classified in § 550-5 hereof. In residential districts, turnarounds may be executed as an area, no longer than 10 feet and no wider than eight feet, extending from the driveway on the side opposite the principal residence on the lot, as depicted in Sketch C in the attached schedule.[4]
[4]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
(d)
Parking areas or turnarounds may be located in any yard area of the NB, B-1 and M-1 Districts.
(6)
The collective provision of off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users. Joint parking, as defined herein, is encouraged. This provision shall be restricted to commercial and industrial uses.
[Amended 11-10-1997 by L.L. No. 4-1997]
(7)
Only passenger vehicles and pickup, panel and van trucks, not exceeding one ton in load capacity, may be parked on open driveways in residential districts. The parking of any display vehicle or trailer device for commercial purposes on open driveways in residential districts is prohibited, except only that moving vans or other commercial vehicles used in the performance of an expressed service for a particular resident in a residential district may park for a period not to exceed 24 consecutive hours.
[Amended 11-10-1997 by L.L. No. 4-1997]
(8)
Not more than two driveways, of not less than 20 feet nor more than 30 feet in width, used as a means of ingress and egress for nonresidential off-street parking areas, shall be submitted for each 200 feet of frontage on a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.
(9)
When a parking area for four or more vehicles adjoins a residential area, a planted buffer strip at least 10 feet wide shall be provided between the parking area and the adjoining property.
(10)
All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
(11)
Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Village Engineer. The shade trees shall be located in a planned manner within the parking lot area in a quantity equal to not fewer than one shade tree for every 10 parking spaces.
B.
Required off-street parking spaces are as follows:
(1)
One-family detached dwellings: two parking spaces per dwelling unit; two-family and multifamily dwellings: two parking spaces per dwelling unit.
[Amended 11-10-1997 by L.L. No. 4-1997]
(2)
Personal grooming shops: two spaces per chair, plus one additional space for each employee, but in no case less than four per 1,000 square feet of gross floor area.
[Amended 11-10-1997 by L.L. No. 4-1997]
(3)
Banks, financial and business offices and professional offices: one parking space for every 300 square feet of net floor area or major fraction thereof.
(4)
Retail and service stores, except when otherwise specifically covered here: one parking space for every 300 square feet of net floor area or major fraction thereof.
(5)
Stores for the retail sales of furniture, appliances and hardware: one parking space for every 500 square feet of net floor area or major fraction thereof.
(6)
Supermarkets and self-service food stores: one parking space for every 200 square feet of net floor area or major fraction thereof.
[Amended 11-10-1997 by L.L. No. 4-1997]
(7)
Laundromats: one parking space for every two washing machines.
(8)
Motor vehicle sales and service: one parking space for every 200 square feet of building area or fraction thereof.
(9)
Restaurants and diners (indoor service only): one parking space for every four persons, based on posted occupancy load. Restaurants and diners providing outdoor service shall provide, in addition to any off-street parking calculated under the preceding sentence, one parking space for every four outdoor seats.
[Amended 11-10-1997 by L.L. No. 4-1997]
(10)
Bowling alleys: five parking spaces for each bowling lane.
(11)
Auditoriums, churches, theaters, stadiums, assembly halls and similar places of assembly having fixed seating facilities: one parking space for every three persons, based on posted occupancy load.
[Amended 11-10-1997 by L.L. No. 4-1997]
(12)
Auditorium, exhibition halls, assembly halls, union halls, community centers and similar places of assembly not having fixed seating facilities: one parking space for every three persons, based upon posted occupancy load.[5]
[Amended 11-10-1997 by L.L. No. 4-1997]
(13)
Mortuaries and funeral homes: two parking spaces for every 50 square feet of floor area in the slumber rooms, parlors or individual funeral service rooms.
(14)
Public utility installations: five spaces.
(15)
Parks and other outdoor recreation sites: five parking spaces for each gross acre of land up to 50 acres and one parking space per gross acre of land above 50 acres.
(16)
Industrial manufacturing establishments: one parking space for each employee, plus one space for each 1,000 square feet of gross floor area. The employee ratio shall be applied to that shift of work activity that has the greatest number of employees. Such parking area may be located in the required yard area but shall not be located within a buffer area as required by this chapter.
[Amended 11-10-1997 by L.L. No. 4-1997]
(17)
Flex space: one parking space for every 300 square feet of flex space or major fraction thereof.
(18)
Storage, warehouse or wholesale establishments: 1/2 parking space per 1,000 square feet of gross floor area.
[Added 11-10-1997 by L.L. No. 4-1997]
(19)
Child day-care services: one parking space per five persons based on maximum capacity, plus one parking space for each employee.
[Added 11-8-1999 by L.L. No. 7-1999]
§ 550-50 Driveways in residential districts.
[Added 1-9-2006 by L.L. No. 1-2006[1]]
A.
The following general principles shall regulate the location and width of driveways in residential districts:
(1)
The width of a driveway shall be no more than the width of the garage door to which it leads, plus two feet on either side.
(2)
The width of a driveway that does not lead to a garage door shall be no more than 16 feet.
(3)
The Chart of Driveway and Dwelling Configurations[2] is incorporated herein as a guide in applying these provisions.
[2]
Editor's Note: Said chart is included at the end of this chapter.
(4)
Except in cases where the architecture so requires, a driveway shall not be located directly in front of the residential structure on the lot. (Configuration Nos. 1, 2 and 5 depict driveways "not directly in front of a residential structure." Configuration Nos. 3 and 4 are examples of where architecture requires the location of a driveway "directly in front of a residential structure.")[3]
[3]
Editor's Note: Configuration Nos. 1 through 5 are in the Chart of Driveway and Dwelling Configurations, which is included at the end of this chapter.
§ 550-51 Off-street loading and unloading.
A.
For every building, structure or part thereof having over 5,000 square feet of gross building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar use involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises, not less than 12 feet in width, 35 feet in length and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross area in the building.
B.
Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
C.
Loading space and area as required under this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.
D.
Off-street loading and unloading areas shall be surfaced with asphalt, concrete, brick or similar dustless, durable, all-weather pavement which shall be adequately drained, all subject to the approval of the Village Engineer.
[Amended 11-10-1997 by L.L. No. 4-1997]