Fenton Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 150-22 Height exceptions.
The height limitations of this chapter shall not apply to chimneys, flag poles, shortwave antennae, television antennae, water towers, ventilators and towers or spires of churches, provided that every portion of any such structure is at least as many feet distant from the nearest adjoining property line as that portion of the structure is in height measured from its base at the roof line.
§ 150-23 Number of buildings and dwelling units.
§ 150-24 Swimming pools.
Outdoor swimming pools shall be constructed and maintained in conformity with the following regulations:
Swimming pools shall be deemed usual accessory uses.
Every swimming pool shall conform to applicable yard limitations, but shall be exempt from coverage limitations, provided that no filter or pump shall be closer than 20 feet to any side yard line.
Every pool shall be equipped with a filter system approved by the County Health Department.
Swimming pool enclosures shall be constructed in accordance with Part 720, Swimming Pool Enclosures, of the New York State Uniform Fire Prevention and Building Code.
[Amended 6-4-1997 by L.L. No. 2-1997]
Lighting shall be directed away from abutting property.
§ 150-25 Structures to have access.
Buildings shall be located only on lots adjacent to public streets, or otherwise in conformity with the provisions of § 280-a of the Town Law, and other improvements shall be located so as not to interfere with fire protection, municipal services and required parking facilities.
§ 150-26 Front yard exceptions.
The front yard of any building in any district shall contain a slope of not more than one foot vertical drop for each two feet of horizontal distance, measured at right angles to the center line of the road between the edge of the drive strip or drainage ditch and the ground elevation at the front building line. A retaining wall or structure designed or approved by a licensed professional engineer or by an architect may be substituted for the requirements of this section, provided that the required front yard depth is maintained.
§ 150-27 Special yard regulations.
General commercial or industrial districts. In a general commercial or industrial district where masonry construction is used, a principal or an accessory building may be erected at a point between any setback line and the property line, if such property line is not a street line, provided that parapet walls of not less than 24 inches above the highest point of any roof surface are constructed; and provided, further, that the provisions of Subsection B of this section are complied with.
Abutting residential district in a commercial or industrial district. On any lot in any commercial or industrial district which abuts a residential district, the adjoining side or rear yard shall be not less than eight feet in depth and six additional feet in depth for each building story above the second story. In addition, on review of the site plan, the Planning Board may require such landscaping as may be necessary to protect adjacent property.
§ 150-28 Garages.
Attached. For the purposes of this chapter, an attached garage or carport shall be deemed a part of the principal building.
R-A and R-B Districts. In any R-A or R-B District, no lot shall contain more than one detached garage building.
[Amended 8-4-1993 by L.L. No. 4-1993]
Size in residential districts. No garage shall be designed to accommodate more than three vehicles in any R-A or R-B District, nor more than two vehicles per residential unit in any R-M District.
[Amended 8-4-1993 by L.L. No. 4-1993]
§ 150-29 Roadside stands.
Temporary roadside stands shall be permitted within any district, provided that none shall be used other than for the sale of agricultural products, the major portion of which are raised on the premises where located.
No such stand shall be erected closer than 10 feet to a street line.
No roadside stand shall be permitted, except between June 1 and November 1 of each year.
§ 150-30 Visibility at intersections.
No fence, wall, hedge, planting or other structure more than 26 inches in height above the center line grade of either adjacent street shall be erected, placed or maintained within the triangular area formed by intersecting street lines and a straight line joining each street line at points 25 feet distant from their intersection, except shade trees which do not obstruct visibility.
§ 150-31 Fences, walls and hedges.
[Amended 8-4-1993 by L.L. No. 4-1993; 6-4-1997 by L.L. No. 2-1997]
Subject to the limitations of § 150-30, fences, walls and hedges are permitted along any lot line and within any required yard, provided that no fence, wall or hedge shall exceed 36 inches in height when located in a front yard or in any yard bounded by a street, with the exception of junkyards.
§ 150-32 Parking, storage and use of major recreational equipment and major recreational vehicles.
[Amended 8-4-1993 by L.L. No. 4-1993; 6-4-1997 by L.L. No. 2-1997; 7-7-2021 by L.L. No. 4-2021]
For the purposes of the following subsections:
Includes travel trailers, fifth wheel trailers, coaches (designed to be mounted on a truck or automobile chassis), motorized dwellings, pop-up trailers and pickup campers.
Includes boats, boat trailers, horse trailers, and other similar equipment and appurtenances.
Purposes normally or otherwise reasonably associated with the use of land primarily for human habitation, including a dwelling house.
No recreational equipment or major recreational vehicle shall be parked or stored on any lot between any street and the nearest building line in any district, except in a driveway; provided, however, that such equipment may be parked anywhere on residential premises for purposes of loading or unloading for not more than 24 hours. Nothing herein should be construed to prohibit property owners from habitually parking recreational equipment and major recreational vehicles on their property, when not used for residential purposes, subject to the requirements of this section.
Major recreational vehicles cannot be used for residential purposes, only as temporary habitats. The following are definitions for the use of major recreational vehicles:
Temporary stay of a major recreational vehicle:
No fee is required.
Permitted in all zoning districts.
Only a two-week stay is permitted for a major recreational vehicle. If an existing major recreational vehicle is replaced with another major recreational vehicle, it can remain there for another two weeks.
The major recreational vehicle cannot be moved off property and returned within a two-month period.
The major recreational vehicle cannot be parked and used as a temporary stay on any street or road.
Temporary stays are allowed during the months of April through October only.
No generator shall be used to supply power to any recreational equipment or major recreational vehicles.
Seasonal usage of a major recreational vehicle:
A major recreational vehicle that is used for seasonal usage is allowed from April through October.
An initial $100 permit fee will be required; each additional year there will be a $25 renewal.
A major recreational vehicle will only be permitted in the Town's Ag-R-A Zoning District on a parcel with a minimum size of 1.5 acres.
The major RV will be considered a temporary accessory structure; a drawing showing required setbacks for the zoning district will be required at the time of the initial application.
Only one seasonal and one temporary major recreational vehicle is permitted per parcel. No major recreational vehicle can be on a parcel that has an uninhabitable dwelling on it.
The major recreational vehicle must meet all Broome County Health Department sanitary requirements.
No generator shall be used to supply power to any recreational equipment or major recreational vehicle.
At the end of the season, the vehicle must be taken out of use.
[Amended 4-3-2024 by L.L. No. 3-2024]
In addition to the foregoing, the Town shall be entitled to seek injunctive relief against violations in any court of competent jurisdiction.
[Added 7-6-2022 by L.L. No. 2-2022]
§ 150-33 Parking and storage of unlicensed vehicles.
[Amended 8-4-1993 by L.L. No. 4-1993; 4-5-1995 by L.L. No. 1-1995; 6-7-1995 by L.L. No. 5-1995; 6-4-1997 by L.L. No. 2-1997; 10-1-1997 by L.L. No. 6-1997]
Not more than one motor vehicle or trailer of any kind or type while unregistered for operation on the public highways shall be parked or stored on any property other than in a completely enclosed building. For the purposes of this section, one or more adjoining parcels of land under common ownership, when functionally utilized by the owner or owners thereof as one lot of land, shall be considered a single property. This provision shall apply to all unregistered motor vehicles, whether or not said motor vehicles are stored upon a licensed trailer or other means of conveyance. This section shall not apply to licensed truck or automobile repair shops; provided, however, that any such shop shall obtain the approval of the Planning Board prior to parking or storing more than one such vehicle. The Planning Board shall have the power to impose such conditions as it deems necessary to protect the public interest.
§ 150-34 Certification of storm drainage plan.
No vacant lot shall be improved for other than residential purposes, except pursuant to a storm drainage plan prepared by a licensed civil or professional engineer and certified as sufficient to provide for adequate, proper and safe stormwater drainage and in conformity with any Town storm drainage plan, unless such proposed improvement is made pursuant to site plan approval under § 150-47.
§ 150-35 Use of cellar as dwelling prohibited.
[Amended 6-4-1997 by L.L. No. 2-1997]
No cellar shall be used as a dwelling for human habitation, unless the same shall constitute part of a completed building containing at least one story.
§ 150-36 Mobile homes.
[Amended 12-6-1978 by L.L. No. 1-1978]
General limitation. Mobile homes shall not be located in the Town, except as provided in this section.
[Amended 6-4-2014 by L.L. No. 5-2014]
Exceptions.
[Amended 5-6-1981 by L.L. No. 1-1981]
Any site upon which a mobile home was located on May 1, 1978, as shown on the Town assessment records, may continue to be used as a mobile home site, notwithstanding that it may be located in a zone where mobile homes are not permitted, provided that:
The use of such site for location of a mobile home is continuous after May 1, 1978; and
All other applicable provisions of this chapter are complied with. For purposes of this exception, a mobile home shall be treated as an improvement to real property and subject to the provisions of this chapter relating to nonconforming uses.
Notwithstanding any other provisions of this chapter, a mobile home shall be permitted as a temporary residence on any land within the Town of Fenton where a residence has been destroyed by fire, explosion, flood, wind or other natural disaster, upon issuance of a special permit by the Board of Appeals. A permit may be issued only by finding that the location of the mobile home will not be detrimental to the public interest or welfare, and it shall be issued under such conditions and for such period of time as the Board, in its discretion, shall determine. The duration of such permit shall not exceed one year, but it may be renewed for an additional one-year period upon application to the Board of Appeals.[1]
[1]
Editor's Note: Former § 30.51 P, establishing regulations for flood hazard districts, which immediately followed this subsection, was repealed 9-2-1981 by L.L. No. 5-1981.
§ 150-37 Reduction of requirements.
[Added 5-4-1988 by L.L. No. 2-1988]
In conducting site plan review pursuant to § 150-47 of this chapter, the Planning Board may reduce any minimum area requirement in any district by an amount not exceeding 10% when such variation would, in the Planning Board's opinion, be consistent with the intent of § 150-47 to protect property in the same or in an adjoining district.
§ 150-38 Off-street parking; loading.
Driveways. No driveway elevation at the street right-of-way boundary shall be more than one foot above or below the center line elevation of the drivestrip, measured at a right angle to the center line of the street.
Vehicular parking. Such off-street parking spaces as are required by this chapter shall be provided prior to occupancy of any new building or structure or prior to issuance of a building permit for any improvement of an existing building or structure.
Standards of development for vehicular parking spaces.
Each off-street parking space shall be at least nine feet in width and 20 feet in length.
In residential districts, off-street parking spaces shall be located on the premises they are intended to serve. In all other districts, required off-street parking spaces may be located either on the same lot or within 200 feet of the lot served. In no case shall required parking spaces include a public street or any portion thereof.
Each parking area of more than four spaces and less than 30 feet from the property line shall be screened along those sides facing any parcel located in a residential district, as provided in Subsection F of this section.
Off-street loading. Minimum off-street loading areas required by Article III shall be provided at the time of the erection of any principal structure or at the time any principal structure is enlarged.
Standards of development for off-street loading areas.
No off-street loading area shall be less than 12 feet in width and 30 feet in length or have a vertical clearance of less than 14 feet. Each loading area shall be provided with appropriate means of vehicular ingress and egress. No off-street loading space or portion thereof shall be located on a public street or highway.
Improvement and maintenance of automobile parking and off-street loading areas.
When required by Subsections C and E of this section, screening shall consist of an opaque wall or fence, not less than six feet in height along adjoining residential lot lines. In lieu of a wall or fence, deciduous shrubs, evergreens or ornamental trees may be planted to a depth of not less than six feet and height of not less than six feet.
Lighting used to illuminate off-street parking and loading areas shall be indirect or diffused and installed so as not to reflect direct rays upon adjoining property.
Off-street parking may include infrastructure to support electrical vehicle (EV) charging, providing that all electrical code requirements are met per the Uniform Code.
[Added 8-27-2014 by L.L. No. 7-2014; amended 10-29-2014 by L.L. No. 10-2014]
Municipal and commercial parking spaces available for public use that include EV charging equipment shall be marked by appropriate signage that indicates that these parking spaces are designated for use by electric vehicles only.
[Added 10-29-2014 by L.L. No. 10-2014]
Any fees associated with parking spaces equipped to allow EV charging shall be based upon the provider's electrical energy costs incurred as a consequence of an EV charging activity.
[Added 10-29-2014 by L.L. No. 10-2014]
§ 150-39 Performance standards.
Noise.
At no point where the boundary of an industrial district adjoins a residential or commercial district shall the sound-pressure level emitted by any manufacturing activity located within such industrial district normally exceed the decibel levels for the octave bands hereinafter set forth:
Maximum Permitted Sound Levels | |||
|---|---|---|---|
Octave Band (cycles per second) | Along Residential District Boundaries (decibels) | Along Commercial District District Boundaries (decibels) | |
0 to 75 | 72 | 79 | |
76 to 150 | 67 | 74 | |
151 to 300 | 59 | 66 | |
301 to 600 | 52 | 59 | |
601 to 1,200 | 46 | 53 | |
1,201 to 2,400 | 40 | 47 | |
2,401 to 4,800 | 34 | 41 | |
Above 4,800 | 32 | 39 | |
Sound levels shall be measured with a sound-level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association.
Objectionable sounds of an unusual or intermittent nature shall be controlled so as not to become a nuisance to adjoining property.
Smoke; toxic or noxious matter. The emission of smoke or toxic or noxious matter from any source shall remain within the limits prescribed by applicable state and local laws, ordinances, rules and regulations.
Glare. No commercial or industrial use shall carry on any operation that will produce heat or glare beyond the property line of the lot on which the operation is located.
Vibration. No use creating intense earthshaking vibrations shall be closer to any lot line than 500 feet. In no case shall vibration be permitted when perceptible without the aid of instruments along the boundary line of any residential district.
§ 150-40 Signs.
Signs prohibited. Advertising signs are prohibited without exception. Unless otherwise required by law, signs other than advertising signs shall be erected or displayed in the Town of Fenton only as expressly permitted by the terms of this chapter.
[Amended 10-28-1987 by L.L. No. 7-1987]
Permitted signs in residential and agricultural districts. Business signs shall be permitted on any lot in a residential or agricultural district, subject to the following limitations:
One business sign not exceeding six square feet in area advertising a permitted business, profession or home occupation.
One business sign not exceeding 16 square feet in area advertising a church or institutional, recreational or other public use.
Directional signs not exceeding six square feet in area.
One business sign not exceeding 100 square feet in area advertising six or more undeveloped lots or newly constructed homes for sale in the same subdivision in which the sign is located.
One business sign in a Mobile Home Park District not exceeding 20 square feet in area to show the location of a mobile home park.
[Added 7-11-1990 by L.L. No. 2-1990]
Permitted signs in commercial and industrial districts. Business signs shall be permitted on any lot in a commercial or industrial district subject to the following limitations:
[Amended 10-28-1987 by L.L. No. 7-1987]
General regulations applying to all districts. The following regulations shall be applicable to all signs in all districts, except as otherwise provided by law:
All signs shall be constructed, erected and maintained so as not to present a hazard to persons or property.
No sign shall be erected near a street or highway in such a manner as to obstruct free and clear vision along such highway or street.
No sign shall be erected which, for any reason, may obstruct the view of, be confused with or mistaken for any authorized traffic sign, signal or device.
The illumination of any sign shall be nonflashing and indirect or diffused. Illuminated signs shall be constructed so that they do not shine or reflect light directly into adjacent residential districts.
One construction sign of not more than 32 square feet may be erected per lot. The sign may not be erected earlier than 14 days prior to the commencement of construction. The sign must be removed within 14 days of the completion of construction.
[Added 10-1-1997 by L.L. No. 4-1997]
Specific regulations. The following regulations shall be applicable to signs only in the districts indicated:
Issuance of sign permit. Except for signs permitted by Subsection B of this section, no sign shall be erected or altered, except pursuant to a permit issued by the Building Inspector. Each application for a sign permit shall include the following:
Name, address and telephone number of the applicant.
Address of building, structure or lot upon which the sign is to be erected, including tax map number.
Description and location of the sign.
Scale drawings, specifications and statement of method of construction to the building or placement in the ground.
Name of party erecting the structure.
Such other information as the Board of Appeals may require to ensure that sign will comply with this chapter.
Special permits.
A special permit for a sign not in conformity with the size or structural limitations of this chapter may be granted by the Board of Appeals upon finding that the proposed sign will not be detrimental to the public welfare. The Board of Appeals may impose such conditions to any special permit necessary to protect the public.
The Board of Appeals shall issue such special permit only after a public hearing and upon its written findings and determination that the proposed sign complies with the following standards:
The proposed use shall comply with the regulations of this chapter for the district within which it is to be located.
The sign shall be of a character, intensity, size and location consistent with the orderly development of the district in which it is to be located.
No special permit shall be granted for a sign in any residential district.
Advertising signs heretofore lawfully erected pursuant to any local law or ordinance of the Town of Fenton or existing as a lawful nonconforming use shall be completely removed within 10 years of the adoption of this section.
[Added 10-28-1987 by L.L. No. 7-1987]
§ 150-40.1 Junkyards and motor vehicle scrap facilities.
[Added 5-11-2016 by L.L. No. 2-2016]
Junkyards and motor vehicle scrap facilities, as defined in this chapter, shall not be permitted uses in any zoning district of the Town of Fenton.