Kendall City Zoning Code
ARTICLE VI
Regulations Applicable to All Zoning Districts
§ 265-30 Signs.
§ 265-31 General sign standards.
A.
No sign shall consist of lights which flash, or move, or appear to move.
B.
No sign shall be higher than the principal building to which it is accessory.
C.
General advertising signs related to the permitted use of the premises are allowed such as secondary advertisement of products or services.
D.
No sign shall project into a public right-of-way, be less than 30 feet from edge of street/road, create a traffic hazard, be unduly distracting to motorists and pedestrians, or reduce the effectiveness of signs needed to direct the public.
E.
No sign shall project on a public utility pole or traffic control structure.
F.
All existing signs that are legal at the time of the enactment of this chapter shall be allowed to remain as long as they are properly maintained and their use remains current. Replacement of any existing sign for any cause shall be in accordance with the more restrictive clauses of this chapter.
G.
Temporary lighted or unlighted signs erected by and for nonprofit organizations such as churches, American Legion, Boy Scouts, Girl Scouts, political organizations, or military reserve associations which advertise suppers, banquets, benefits, fund-raising sales, and similar functions may be erected for a period of 40 days without a permit in any district.
H.
One on-site sign is permitted, not to exceed 16 square feet per side with a maximum of two printed sides (except as otherwise specified in this chapter).
I.
Signs shall be informative and enhance the rural character of the community. Signs that are manufactured from wood, or wood-simulated products, or stone, or stone-simulated products (with the appearance of natural wood or stone) may be considered as in compliance with this chapter.
J.
Permitted are small temporary signs, not to exceed 16 square feet, placed on premises while artisans, wrights, or makers are performing work on such premises, until 30 days after completion of work.
K.
Permitted are brand-name-sponsored signs; provided that the brand name, logo, trademark (or the combination thereof) shall not exceed 25% of the square footage of the sign.
L.
Signs required by federal, state, county or Town agencies for the operation of the use (such as NYS Motor Vehicle Inspection Station signs) are permitted signs.
M.
Any person desiring to place a sign on premises other than the site of the business advertised must seek approval from the Town Planning Board and may be subject to special conditions.
N.
No general election signs shall be erected more than 30 days prior to the scheduled Election Day. All signs must be removed within 48 hours of the completed election.
§ 265-32 Parking.
This section is designed to reduce problems caused by inadequate or poorly designed parking facilities.
A.
All uses shall provide adequate off-street parking for all vehicles parked during typical peak periods. Parking should be designed to eliminate the need to back out or to park on the shoulder of public roads.
B.
A parking space shall be not less than 10 feet by 20 feet, exclusive of accessways and driveways. Single-family residences need not exclude driveway area.
C.
Off-street parking areas for nonresidential uses shall provide access lanes to parking spaces. Parking areas for 50 or more vehicles shall delineate fire lanes and include no-parking markers.
§ 265-33 Minimum parking standards.
Minimum standards supplementary to the basic standard cited above are as follows:
A.
One parking space is required for every three seats in a public meeting place.
B.
One parking space is required for each employee on the maximum working shift in an industrial or light industrial establishment and one parking space per 250 square feet of gross floor area in a commercial establishment unless otherwise specified herein.
C.
One parking space is required for every 200 square feet of gross floor area in business and professional offices.
D.
One parking space is required for every 100 square feet of gross floor area in supermarkets and self-service food stores.
§ 265-34 Off-street loading.
A.
At least one off-street loading area shall be provided for each 5,000 square feet of gross floor area in commercial or industrial establishments hereafter erected or altered. Each off-street loading area shall be a minimum of 20 feet by 50 feet in dimension.[1]
B.
Space for off-street loading shall be in addition to space for off-street parking.
§ 265-35 Utility sheds.
A.
Small utility shed. A small utility shed, not to exceed 10 feet in height or 144 square feet in horizontal area, shall be allowed and shall have the following requirements:
(1)
A building permit is not required for the construction or installation of a small shed.
(2)
A small shed does not have to meet the setback requirements of this chapter and may be erected no less than five feet from the side or rear property line.
(3)
Small sheds do not require a wood or cement base or a foundation, but must be anchored to protect against wind damage.
B.
Large or multiple small sheds. Utility sheds having dimensions larger than 10 feet in height or 144 square feet in horizontal area or requests for more than one small shed not exceeding 10 feet in height or 144 square feet in horizontal area shall require the issuance of a standard building permit and must comply with all the provisions of this chapter, including setback requirements, NYS building codes and all other local laws and statutory provisions.
§ 265-36 Fences.
A.
Unless otherwise authorized in this chapter, fences shall be erected, altered or reconstructed under the following conditions:
(2)
No fence shall be erected in any side yard higher than six feet above the highest point of ground directly below the fence.
(3)
No fence shall be erected in any front yard except for decorative open-type fencing, and that to a maximum height of four feet above the highest point of ground directly below the fence.
(4)
On corner lots, both yards fronting the joining streets shall be considered front yards and shall be subject to the fencing provisions specified in Subsection A(3).
(5)
The mounding of earth directly below any fence for the purpose of increasing the fence height shall not be permitted.
B.
Fences may be substituted for lot line landscaping during site plan review upon the discretion of the Planning Board.
C.
No fence shall cause obstruction of vision at street and driveway intersections as determined by the Zoning Enforcement Officer.
D.
Fencing for farm purposes shall not exceed six feet in height as measured above the highest point of ground directly below the fence. Farm fencing shall be exempt from the yard and height provisions found in Subsection A.
E.
Any fence erected along a lot line shall be erected wholly on the property of the owner and neither the fence itself nor any supporting accessory components thereof shall encroach upon the adjoining properties.
F.
A finished side of any fencing shall front the neighboring properties.
G.
Barbed wire, single strand wire or electrification of any fence is permitted for the containment of livestock only, subject to applicable sections of this chapter. Electrified fencing products such as "invisible fencing" shall be excluded from this requirement.
H.
All fencing shall be placed on the property so the fence can be maintained on both sides by the fence owner. The ZEO shall determine a reasonable distance from the property line for fence maintenance.
I.
Additional special fencing requirements for lakeshore and lakeview property located within the Waterfront Residential (WR) and Waterfront Development (WD) Districts:
(1)
General.
(a)
A building permit is required, showing the location of the fence on a tape map, or other map, drawn to scale; and describing the length, height and materials from which the fence is to be constructed.
(b)
The mounding of earth directly below any fence for the purpose of increasing the fence height shall not be permitted.
(c)
The height of a fence may be altered for the construction and operation of swimming pools within the Waterfront Residential (WR) and Waterfront Development (WD) Districts to allow a pool to conform to all applicable federal, state and local laws and codes, including but not limited to the rules of the state and county boards of health, the New York State Uniform Fire Prevention and Building Code and other applicable codes, rules and regulations.
(d)
Decorative enclosures used to surround propane tanks, backup generating systems, other similar uses, shall be constructed to be minimal in nature and shall be limited in height and width to only block the view of enclosed items.
(e)
Screens to create privacy for outdoor hot tubs or other similar uses shall be constructed to be minimal in nature and limited in height and width to only create privacy. This screening shall extend from the front foundation and shall be limited to no more than eight feet in length and six feet in height.
(2)
Lakeshore property.
(a)
Fences, decorative enclosures, privacy vegetation, shrubbery type vegetation, trees and or natural buffers must be planted or constructed to retain views to the Lake Ontario shoreline and must not affect or obstruct the views of the shoreline. No fence shall be allowed closer to the lake than 10 feet from the water's edge.
(b)
No fence shall be erected in any yard that adjoins the lakeshore in the WR or WD Districts higher than three feet above the highest point of ground directly below the fence.
(c)
No fence shall be erected in any front yard except for decorative open-type fencing, and not to exceed a maximum height of three feet above the highest point of ground directly below the fence.
(d)
Plantings and shrubbery used as a fence line shall not be allowed to grow higher than three feet above the ground unless maintained in an open and decorative design. "Open design" shall mean the area covered by the plantings will be no more than a maximum of 50% opaque as viewed perpendicular to the length of the fence line.
(e)
Plantings and shrubbery may be placed between the side lot line widths of primary structures of adjoining property owners without height restrictions, provided the placement does not obstruct the three-lot-width vista site line of any resident.
(f)
Tree plantings are to be randomly spaced and are not to be planted as a fence line or clustered in such a way as to obstruct the lake views from neighboring properties.
(g)
Trees in existence at the adoption of this chapter shall be exempt.
(3)
Lakeview property (non-lakeshore property).
(a)
Fences may be erected, altered or reconstructed to a maximum height of six feet in the side and rear yards for residential uses. Property whose front lot line and rear lot line both adjoin a private or Town road shall not erect a fence exceeding a maximum height of three feet above the highest point of ground directly below the fence.
(b)
No fence shall be erected in any front yard except for decorative open-type fencing, and not to exceed a maximum height of four feet above the highest point of ground directly below the fence.
(c)
Lots without a primary residence but adjoining a lot with a primary residence shall not be allowed to extend a side lot line six-foot fence beyond the neighboring front yard.
§ 265-37 Individual mobile homes.
A.
No individual mobile/manufactured home, with the exception of those homes currently located on an individual parcel of land, shall be allowed to locate outside of an approved mobile/manufactured home park in the Town of Kendall. Refer to Article VII for mobile/manufactured home park provisions.
B.
Those individual mobile/manufactured homes located on single lots which lawfully exist at the time of enactment of this chapter shall be allowed to remain subject to the provisions found in § 265-40 of this chapter.
C.
Existing mobile/manufactured homes allowed outside an approved mobile/manufactured home park by this section may be replaced with another mobile/manufactured home under the following conditions:
(1)
May be replaced only by the owner/occupant.
(2)
May not be replaced with a unit more than seven years old.
(3)
The replacement unit must meet all applicable federal, state and local standards and codes which were in effect on the date the unit was manufactured.
(4)
A building permit and certificate of compliance is required.
§ 265-38 Camping units.
A.
Camping units shall not be occupied outside of an approved campground for more than 72 hours on any basis. A special permit may be granted by the ZEO for single camping units to be occupied outside of approved campgrounds for a period not to exceed two weeks in duration per calendar year.
B.
For the purposes of this section, "improved property" shall be land (lot) upon which there is a dwelling that conforms to the articles of this chapter.
C.
No more than two camping units may be parked on any property at the same time.
D.
All camping units are to be placed on the side and rear lots of improved property.
E.
Placement of camping units must be in accordance with the setbacks required for buildings in the respective zone of the property.
F.
The camping unit must either have self-contained sanitation or be connected to adequate sanitation facilities.
§ 265-39 State Environmental Quality Review (SEQR).
A.
The State Environmental Quality Review Act requires that local government examine the environmental impact of all actions they permit, fund, or construct. Article 6 and Part 617 of Title 6 of the New York Code of Rules and Regulations are hereby adopted by reference.
B.
All Type I actions (6 NYCRR Part 617) shall require the submission and review of an Environmental Assessment Form.
D.
If in the opinion of the local lead agency, after review of the Environmental Assessment Form, there appears the potential for a significant environmental impact, the lead agency shall cause the applicant to prepare a Draft Environmental Impact Statement. Review, notice and action on the EIS shall be conducted according to Part 617.
E.
The local lead agency's review of the action shall include the following procedures and general considerations:
(1)
If the proposed action is located within the boundaries of the LWRP Area, as is described in Article II, § 265-9, and as is shown on the maps of the adopted Local Waterfront Revitalization Program (LWRP) document, a Coastal Assessment Form (CAF) shall be completed and submitted by the applicant along with the application for any zoning action. The completed CAF shall state whether such proposed action may or will not have a significant effect on the coastal environment or on the coastal resources of the community.
(2)
Actions for which a Coastal Assessment Form (CAF) have been filed shall be reviewed and certified by the local lead agency as to consistency with the uses and policies of the Local Waterfront Revitalization Program prior to any final determinations being made by the local lead agency. Actions that are inconsistent with the Local Waterfront Revitalization Program shall be denied zoning approval or modified to become consistent with the LWRP. Thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this article and Part 617 of the Title 6 NYCRR.
(3)
If the local lead agency determines that the proposed action is not an exempt action, or an action listed in Section 617.5 of Title 6 NYCRR as a Type II action and that it will not have significant effect on the environment or local plans, then the local lead agency shall prepare, file and circulate such determination as provided in Section 617.8 of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to this article. The determination shall include certification as to consistency with the Local Waterfront Revitalization Program (LWRP) for those actions subject to a Coastal Assessment Form. Certification shall include a review and evaluation of coastal policies in accordance with the adopted Local Waterfront Revitalization Program (LWRP).[1]
(4)
The local lead agency shall maintain files that are open for public inspection of all notices of proposed actions, draft and final environmental impact statements, coastal assessment forms, certifications of consistency with Local Waterfront Revitalization Program policies and written determinations.
§ 265-40 Nonconforming uses, lots and structures. [1]
Lots, structures, uses of land and structures and characteristics of use which lawfully existed at the time of the enactment of this chapter or any amendment thereto and which would be prohibited or restricted under the terms of these regulations may be continued subject to the following provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. A change in the ownership of a nonconforming use, lot or structure shall not affect the right to continue the use. Where a use, lot or structure created before enactment of this chapter or any amendment thereto is rendered nonconforming by the subsequent enactment or amendment, the purchaser of the property will have the same rights as the seller.
B.
Enlargement. No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of this chapter or any amendment thereto.
C.
Unsafe structures. Any structure or portions thereto declared unsafe by a proper authority may be restored to a safe condition.
D.
Alterations. A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding in aggregate cost 50% of the assessed value of the structure, as adjusted to full value, based upon the State Board of Real Property Tax Services rates of said structure, unless the structure shall be changed to a conforming use.
E.
Restoration. No nonconforming structure damaged by fire or other causes to the extent of more than 75% if its assessed value based upon the State Board of Real Property Tax Services rates, shall be repaired or rebuilt except in conformity with the requirements of these regulations; except residential property owners may rebuild a home on the same foundation area, provided that:
(1)
That the property owner provides the Zoning Enforcement Officer an instrument survey demonstrating that the foundation lies totally within the property boundaries.
(2)
The owner provides County Health Department approval for the new construction.
(3)
All other applicable laws are in compliance with the new construction.
F.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
G.
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended to displace a conforming use.
I.
Moving. Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
J.
Existing undersized lots of record.
(1)
Any record lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than minimum requirements specified herein for the district, shall be considered as complying with this chapter and no variance therefore shall be required provided that:
(2)
The minimum lot size of land for such nonconforming lot is at least 75 feet by 150 feet.
(3)
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
(4)
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's property.
§ 265-41 Pinball and video game arcades.
A.
Pinball and video game arcades shall not be permitted as home occupations.
B.
Arcades shall be closed between the hours of 12:00 midnight and 8:00 a.m.
C.
No one under the age of 16 shall be permitted in an arcade while school is in session.
D.
An owner or responsible person over the age of 18 must be on the premises during all hours of operations.
§ 265-41.1 Farm produce stands.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
The stand shall be set back not less than 20 feet from the edge of the pavement or road surface.
B.
Sufficient area shall be provided to accommodate off-street parking for not less than three vehicles on site.
C.
Such stands (including signs associated with such use) shall be removed and appropriately stored within 10 days of the end of the harvest season.
§ 265-42 Alternate energy systems.
This section is intended to reduce impacts on neighboring property owners and health and safety problems which may accompany alternate energy systems.
B.
All energy collection/storage facilities and appurtenant electrical equipment shall cause no undue interference, noise, or glare.
C.
The height limitations of this chapter shall not apply to non-wind-generated alternative energy systems, provided that such structures are erected only to such a height as is necessary to accomplish the purpose for which they are intended, and that such structures do not obstruct solar access to neighboring properties.
D.
Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on the site or any other property to reduce turbulence and increase wind flow to a wind energy conversion system (WECS). Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on other property not owned by the applicant to enhance solar access. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the solar access or wind flow to any WECS. It shall be the sole responsibility of the facility operator or owner to acquire any necessary solar, wind flow or turbulence easements, or rights to remove vegetation.
§ 265-43 Habitation.
All residential habitation shall be in residential dwellings as defined in this chapter. No basement sited independently of a structure shall be inhabited as a dwelling.
§ 265-44 Emergency housing.
A.
The ZEO shall have the authority to issue a temporary permit for emergency housing when the principal residential dwelling is deemed uninhabitable by local, state or federal authorities due to fuel spills, fire, or other similar environmental or natural disasters.
B.
The temporary permit shall have a term of four consecutive months, and shall be renewed up to a maximum of two times at the discretion of the ZEO. Each renewal shall be four consecutive months in duration. Individual mobile/manufactured homes or other types of housing units approved by the ZEO shall be allowed to be used as emergency housing.
C.
The temporary permit shall be issued by the ZEO only if the following conditions are complied with in full:
(1)
The emergency housing is connected to an acceptable water supply system (water line, holding tank, etc.) and an acceptable sewage disposal system (holding tank, leach field, etc.).
(2)
A bond in the sum of $5,000 shall be posted by the applicant to assure the emergency condition is promptly corrected, and to assure the immediate removal of the temporary housing unit from the property upon correction of the emergency condition.
§ 265-45 Swimming pools.
Swimming pools may be installed only as accessory structures to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests. No swimming pool shall be installed or maintained unless:
A.
Such pools are installed in the rear of or side yard of the premises, unless hardship is shown.
B.
The setbacks from the side and rear lot lines shall be at least 15 feet.
C.
Anything in this chapter to the contrary notwithstanding, for in-ground pools, there shall be erected and maintained a good quality fence four feet in height, enclosing the entire portion of the premises upon which such pool exists, shall be installed and entirely surrounding the area in which such pool is located.
D.
Every gate in a fence enclosing any pool, except an opening through the dwelling or other main building of the premises, shall be self-closing and self-latching as required in the NYS Uniform Fire Prevention and Building Code. Ladders on all aboveground pools shall be retractable or capable of being locked at all times the owner or occupant of the premises is not present at such pool.
E.
This section does not apply to farm ponds or other natural or artificial made bodies of water located in residential areas.
§ 265-46 Satellite parabolic antennas.
This section is intended to provide the minimum level of control necessary to accomplish the health, safety, and aesthetic objectives of the Town. The provisions in this section shall only be applicable to satellite parabolic antennas where the dish dimension measures greater than 36 inches in diameter. Any antenna dish measuring 36 inches or less in diameter shall be exempt from the requirements found in this section.
A.
All parabolic antennas shall be located on the ground at natural grade only and shall not be installed on or above any buildings.
B.
All parabolic antennas will be located in rear yards, except they may be placed in a front yard if a two-hundred-foot setback from the front lot line can be obtained.
C.
One parabolic antenna shall be allowed per lot.
§ 265-47 Home occupations.
A.
No person other than a member of the immediate family occupying such dwelling shall be employed full-time as part of the home occupation.
B.
No direct sales of products or merchandise from the home is allowed.
C.
There shall be no outdoor storage or display of materials, goods, supplies or equipment related to the operation of the home occupation.
D.
The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time, such parking shall be provided off the street and other than in a required front yard.
E.
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noise, or vibration.
F.
The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
G.
One nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area and attached to the structure.
H.
No more than 25% of the gross floor area of the residence shall be used for the conduct of a home occupation.
I.
Only one commercial type vehicle may be used in connection with the home occupation.
§ 265-47.1 Residential day care.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Family day-care home and/or group family day care.
(1)
All family day-care home and/or group family day care providers must be licensed and registered by the Buffalo regional headquarters of the New York State Office of Children and Family Services which is administered by the Orleans County Department of Social Services. The Orleans County Department of Social Services is responsible for registration, licensing and enforcement of family day-care homes and group family day-care homes.
(2)
A family day-care home and/or group family day care provider must register with the Town of Kendall, provide a copy of the license and/or a registration issued by the Orleans County Department of Social Services and provide a copy of the liability insurance certificate that covers the family day-care home and/or group family day care provider.
(3)
The license issued by the Orleans County Department of Social Services is reviewed every two years, and the home care provider must update the Town of Kendall of any changes to his license and/or registration.
(4)
A family day-care home and/or group family day care provider must meet all New York State building codes, New York State Health Department codes, and all New York State Office of Children and Family Services requirements for a family day-care home and/or group family day care provider.