Fayetteville City Zoning Code
ARTICLE XI
Accessory Buildings and Structures
§ 187-75 Accessory buildings.
A.
An accessory building is any structure whose use shall not be used or designed for use as a garage (§ 187-76) or shed (§ 187-77), but its use shall be incidental and customary to that of the principal structure, and that:
(1)
The use of the accessory building shall be limited to the owner(s) and/or tenants who occupy the principal structure on the premises.
B.
A building permit shall be required to install or construct an accessory building.
C.
No accessory building shall exceed the height of any permanent structure on the property (dwelling/attached garage).
D.
Garage door openings shall not exceed eight feet high.
E.
Construction, finish and maintenance of an accessory building.
F.
In the event such accessory building construction, installation or placement is not subject to New York State Uniform Fire Prevention and Building Code (Uniform Code), as amended, requirements, and as a further zoning and public safety requirement, the location shall nevertheless meet the following requirements:
(1)
The separation distance between the exterior walls of the permanent structure (dwelling/attached garage) and such accessory building shall be a minimum of 10 feet unless:
(a)
The exterior of the walls of the permanent structure and accessory building each have not less than a one-hour fire-resistant rating, in which case no minimum separation distance will be required; or
(b)
The exterior wall of the permanent structure or the accessory building has a one-hour fire resistance rating, in which case the minimum separation distance shall be five feet.
(2)
Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings are prohibited unless:
(a)
The projections of the permanent structure and the accessory building shall each have a one-hour fire-resistant rating, in which case the minimum separation distance shall be two feet; or
(b)
The projection of the permanent structure or the accessory building has a one-hour fire-resistant rating, in which case the minimum separation distance shall be five feet.
(3)
The minimum distance of the opening between the permanent structure and accessory building shall be three feet with a maximum opening of 25% of the wall area as such term is defined in the Uniform Code.
§ 187-76 Private garages.
A.
A private garage is any attached or detached structure or portion of a structure which is designed primarily for the storage of registered and inspected motor vehicles.
(1)
The use of the accessory building shall be limited to the owner(s) and/or tenants who occupy the principal structure on the property.
B.
A building permit shall be required to install or construct a private garage.
C.
No private garage, attached or detached, shall exceed the height of the permanent structure (dwelling/attached garage).
D.
Garage door openings in private garages shall not exceed eight feet high.
E.
Construction, finish and maintenance of the private garage shall be of the following:
F.
In the event such private garage construction, installation or placement is not subject to New York State Uniform Fire Prevention and Building Code (Uniform Code), as amended, requirements, and as a further zoning and public safety requirement, the location shall nevertheless meet the following requirements:
(1)
The separation distance between the exterior walls of the permanent structure (dwelling/attached garage) and such private garage shall be a minimum of 10 feet unless:
(a)
The exterior of the walls of the permanent structure and the private garage each have not less than a one-hour fire-resistant rating, in which case no minimum separation distance is required; or
(b)
The exterior wall of the permanent structure or the private garage has a one-hour fire resistance rating, in which case the minimum separation distance shall be five feet.
(2)
Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings are prohibited unless:
(a)
The projections of the permanent structure and the private garage shall each have a one-hour fire-resistant rating, in which case the minimum separation distance shall be two feet; or
(b)
The projection of the permanent structure or the private garage has a one-hour fire-resistant rating, in which case the minimum separation distance shall be five feet.
(3)
The minimum distance of the opening between the permanent structure and private garage shall be three feet with a maximum opening of 25% of the wall area as such term is defined in the Uniform Code.
§ 187-77 Storage sheds.
A.
A storage shed shall be a single-story structure and only used for storage, hobbies or a workshop by the owner(s) and/or tenants who occupy the principal structure on the property.
B.
Storage sheds shall not:
[Amended 11-13-2017 by L.L. No. 6-2017]
(1)
Exceed 12 feet in height;
(2)
Have a footprint of more than 144 square feet;
(3)
Be insulated;
(4)
Have any plumbing fixtures, except for necessary pool and sauna plumbing and one hose spigot;
(5)
Be served by a paved, graveled or stone driveway; and
(6)
Be used for the storage of a motor vehicle or other type that can be registered by the New York State Department of Motor Vehicles.
C.
A building permit shall be required to install or construct a shed.
D.
Construction, finish and maintenance.
(1)
Sheds shall be erected on crushed rock, asphalt or concrete.
(2)
All piers, flooring or any wood coming within six inches of the ground shall be pressure-preservative treated and dried.
(3)
Exterior materials and finish shall match or complement the exterior finish of the principal structure in material, color and texture.
(4)
Exterior surfaces of all sheds shall be maintained in new or like new condition, free from cracked and peeling paint, rusting and deteriorating materials.
E.
Number of storage sheds.
(1)
Only one such storage shed per property shall be located on any property within any zoning districts.
F.
Location of a storage shed.
(1)
No shed shall be located in the front yard.
(2)
All sheds shall be located no less than five feet from the rear and side property lines.
[Amended 11-13-2017 by L.L. No. 6-2017]
(3)
In the event such storage shed construction, installation or placement is not subject to New York State Uniform Fire Prevention and Building Code (Uniform Code), as amended, requirements, and as a further zoning and public safety requirement, the location shall nevertheless meet the following requirements:
(a)
The separation distance between the exterior walls of the permanent structure (dwelling/attached garage) and such storage shed shall be a minimum of 10 feet unless:
[1]
The exterior of the walls of the permanent structure and storage shed each have not less than a one-hour fire-resistant rating, in which case no minimum separation distance is required; or
[2]
The exterior wall of the permanent structure or the storage shed has a one-hour fire resistance rating, in which case the minimum separation distance shall be five feet.
(b)
Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings are prohibited unless:
[1]
The projections of the permanent structure and the storage shed shall each have a one-hour fire-resistant rating, in which case the minimum separation distance shall be two feet; or
[2]
The projection of the permanent structure or the storage shed has a one-hour fire-resistant rating, in which case the minimum separation distance shall be five feet.
(c)
The minimum distance of the opening between the permanent structure and storage shed shall be three feet with a maximum opening of 25% of the wall area as such term is defined in the Uniform Code.
§ 187-78 Waiver or assumption of liability.
This chapter shall not create liability on the part of the Village of Fayetteville, any officer or employee thereof for any damage that results from reliance on this chapter or any administrative decision lawfully made hereunder.
§ 187-79 Variances.
Any person aggrieved by any of the provisions of this chapter may appeal such decision to the Zoning Board of Appeals of the Village of Fayetteville as provided in the zoning regulations of the Village of Fayetteville and the Village Law and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.
§ 187-80 Penalties for offenses.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine or by imprisonment as set forth in Chapter 113 of this Code.