Ogden City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 300-44 Requirements to be contained in zone.
All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.
§ 300-45 Keeping of animals.
[Amended 2-26-2003 by L.L. No. 5-2003]
A.
In any residential district, no lot may be used or occupied and no structure may be erected, maintained or used for the raising or harboring of horses, pigeons, swine, goats, rabbits, cows, poultry, bees, foxes, mink, skunk or other fur-bearing animals unless the lot is five or more acres in size.[1]
B.
Notwithstanding the foregoing, nothing herein contained shall prohibit the raising or harboring of domestic animals or poultry on any farm within the Town of Ogden.
C.
Common household pets are exempt from these provisions.
§ 300-46 Storage of flammable liquid or gas. [1]
No storage of any flammable liquid or gas in quantities exceeding the requirements of the New York State Fire Code shall be allowed except with the prior approval of the Fire Inspector and in conformance with the requirements of the New York State Uniform Fire Prevention and Building Code.
§ 300-47 Dumping.
§ 300-48 Visibility at intersections.
A.
No ornament, wall, fence, shrub or tree shall be located on any corner lot in any district which obstructs or interferes with traffic visibility at any street intersection.
B.
No obstruction to view in excess of three feet in height, measured perpendicularly from the street grade, shall be maintained on the premises in the angle formed by the intersecting streets and main structure thereon so as to interfere with the view of traffic approaching the intersection within the distance of 75 feet measured along the center line of each street from the intersection of such center line.
§ 300-49 Signs.
Signs erected in any district must meet the requirements of Chapter 224, Signs.
§ 300-50 Fences.
A.
Provisions applicable to all districts.
(1)
All fences erected in the Town of Ogden require a permit from the Building Inspector.
(2)
Proposed fences which do not meet the requirements established in this section must receive a variance from the Zoning Board of Appeals before they are installed. Before granting a variance, the Zoning Board of Appeals shall consider, among other factors:
(3)
In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence, except that fencing located on farms may be electrified or constructed of barbed wire.
(4)
All fences must be erected within the property lines of the lot on which the fence is being installed, and no fences shall be erected so as to encroach upon public rights-of-way or easements.
(5)
All fences shall have their most pleasant or decorative side facing away from the lot upon which the fence is being installed. All posts and supports shall face towards the lot upon which the fence is being installed unless such posts or supports are an integral part of the decorative design of the fence.
(6)
Fencing on corner lots may not be more than three feet high on the two sides of the lot which front on thoroughfares and may only be constructed if it will not limit or obstruct the clear line of vision of motorists entering or leaving the intersection. See § 300-48, Visibility at intersections.
(7)
All fences installed pursuant to this chapter shall be kept in good repair, shall not present any unsafe conditions and shall be kept free from refuse and debris. The owner, tenant and their agent, if any, shall be jointly and severally responsible for all fencing on the property.
(8)
Height.
(a)
Except as otherwise provided in this chapter for specific uses, fences shall not exceed three feet in height in front yards and shall be of open construction, and shall not exceed six feet in height in side and rear yards. Fences may be of either open or closed construction in side and rear yards and shall not extend further forward than the existing principal structure.
[Amended 11-28-2018 by L.L. No. 1-2018; 5-10-2023 by L.L. No. 8-2023]
(b)
If all adjoining property owners agree, fences may exceed four feet in height when located between a residential district and any commercial or industrial use, provided that such fence shall not exceed eight feet in height, after review and approval by the Zoning Board of Appeals.
(c)
Fences otherwise required for pools not exceeding five feet in height of open construction and not exceeding 200 total linear feet shall be allowed without Zoning Board approval.
[Added 11-28-2018 by L.L. No. 1-2018]
B.
Special conditions for fences in residential districts.
(3)
Any and all materials, tree stumps, logs, yard waste or debris of any kind stored, deposited or maintained along a property line at a height or condition that contradicts the separation of solid elements or the height requirements of this section shall be considered a violation of this section.[2]
[2]
Editor's Note: Former Subsection C, regarding privacy fences, as amended, which immediately followed, was repealed 5-10-2023 by L.L. No. 8-2023.
§ 300-51 Grading of residential lots.
The grading of residential lots shall conform to the following criteria:
A.
The final or finish grade of a lot at the front foundation wall of the dwelling shall be a minimum of 15 inches above the elevation of the center line of the abutting street pavement. The Planning Board may modify this requirement provided that unusual circumstances that allow for positive drainage create a reasonable need.
[Amended 8-11-1999 by L.L. No. 10-1999]
B.
Front and rear yards shall be finish-graded so that surface water will drain away from the foundation walls on a minimum slope of 2%.
C.
The final or finish grade of lot shall be completed in a manner such that surface water runoff will not create a nuisance or hazard to abutting property.
D.
An access driveway from an abutting street shall be located, designed and constructed so as to prevent the movement of surface water runoff from the highway right-of-way onto the driveway and lot.
§ 300-52 Landscaping and buffering.
A.
Purpose. It is the purpose and intent of this section to:
(1)
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the region.
(2)
Establish provisions which will help buffer incompatible uses from each other and provide transition zones between different types of uses.
(3)
Reduce the effects of wind and air turbulence, heat and noise and the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Prevent soil erosion and provide shade.
(6)
Conserve and stabilize property values and to otherwise facilitate the creation of an attractive and harmonious community.
(7)
Relieve the barren appearance of parking areas.
(8)
Generally preserve a healthful and pleasant environment for Town residents and visitors alike.
B.
Landscaping requirements for Multifamily Residential, Restricted Business, Commercial, Industrial and Senior Citizen Districts.
[Amended 12-22-2004 by L.L. No. 5-2004[1]]
(1)
A complete plan and schedule of existing and proposed landscaping shall be included with any site plan and/or special use permit application in a commercial or industrial district. This plan and schedule, which shall be approved by the Planning Board, should detail the number, location, size and name of each plant species.
(2)
For parking areas designed for more than 10 cars, a minimum of 5% of the interior of the parking area shall be devoted to landscaping. The arrangement and location of the landscaped area shall be dispensed throughout the parking areas so as to prevent unsightliness and monotony of parking cars.
(3)
Landscape treatments shall be designed as an integral part of the entire development.
(4)
The primary emphasis of the landscape treatment shall be on trees, and efforts shall be made to preserve preexisting trees whenever possible.
(5)
All trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground.
(6)
Trees and shrubs included in the landscape design shall be healthy, adaptable to this climate and of such size and species to accomplish the landscape design intended.
(7)
Plastic or other types of artificial plantings or vegetation shall not be permitted.
(8)
All landscape material located within the sight distance triangle shall be three feet or less in height or have a clearance of at least eight feet beneath the branch or projection on corners and intersections.
(9)
No permanent impervious surfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.
(10)
All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised curb placed at the edge of the pavement or other methods as approved by the Planning Board.
(11)
Unique natural areas and open spaces such as streams, ponds, marshes, steeply sloped areas and woodlands shall be preserved whenever possible.
(12)
All plantings shown on an approved site plan or special use permit application shall be maintained in a vigorous growing condition, and plants not so maintained shall be replaced with new plants at the beginning of the next growing season. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition, so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.[2]
(13)
Landscaping shall be installed according to the plan which is approved as described above. Installation shall be completed within six months of the related building's occupancy.
(15)
The developer or owner shall provide a performance bond and warranty of work and materials as described in the Ogden Design Criteria and Construction Specifications for Land Development for all landscaping improvements indicated on the approved site plan or in the special use permit application in an amount to be determined by the Town Engineer.[4]
C.
Buffering requirements.
(1)
A minimum buffer area of 10 feet in width shall be provided along the boundary lines between any residential district and any commercial, light industrial or multiple-family districts. The buffer areas shall consist of berms and/or screen plantings. The Planning Board, at its discretion, may increase the width and vary the design of the buffer areas.
[Amended 6-28-2000 by L.L. No. 7-2000]
(2)
Buffer areas are required in addition to the yard and setback requirements of the district.
(4)
Buffers, berms and screen plantings shall be maintained by the owner of the property.
(5)
Where one property is developed along its boundary and the other is not, the provisions of the buffer area will be the responsibility of the latter property owner when the property is developed.
(6)
Fencing of approved location, height, design and material may be used for part of the required buffer area.
(7)
Where existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
(8)
Buffer areas shall not infringe on any public rights-of-way or easements.
(9)
All landscape material in a buffer area located within a sight distance triangle shall be three feet or less in height or have a clearance of at least eight feet beneath the branch or projection on corners and intersections.
§ 300-53 Preservation of natural features.
A.
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year or on land subject to periodic overflow without meeting the requirements of Chapter 144, Flood Damage Prevention.
B.
No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, except as hereinafter specified.
C.
Commencement of construction. No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board and the subdivision map has been filed in the Monroe County Clerk's office or site plan approval has been granted by the Planning Board and all conditions of said approval have been met by the developer. In special circumstances, the Planning Board may grant approval for site preparation in advance of final approval if the developer applies to the Planning Board for permission and establishes good and sufficient reasons for so starting and furnishes adequate surety for performance of the work.
D.
Movement of earth not to extend beyond property lines. No movement of earth or erosion shall be permitted at any time in any district, which adversely affects conditions beyond developable property lines.
§ 300-54 Home occupations.
A.
Intent. The regulations of this section dealing with home occupations are designed to protect and maintain the character of residential neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. It is also recognized that strict conformance to these standards, in some areas, may not be necessary; therefore, modification is allowed in certain zoning districts subject to applicable review procedures. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
B. HOME OCCUPATION
Definition. As used in this section, the following terms shall have the meanings indicated:
A home occupation is a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which:
C.
Conditions for approval. The Zoning Board of Appeals may, upon application and a public hearing thereon, permit a home occupation in any residential district subject to the applicant's ability to provide reasonable evidence that all of the following conditions will be met. Home occupations shall be limited to one per single dwelling.
(1)
The occupation will be conducted entirely within a dwelling or existing accessory structure.
(2)
The occupation is clearly incidental and secondary to the principal use of the dwelling.
(3)
The establishment and conduct of a home occupation shall not change the principal character of use of the dwelling unit involved.
(5)
Not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold, other than incidental supplies necessary for and consumed in the conduct of such home occupation.
(7)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(8)
No mechanical equipment is used except such as may be used for domestic or household purposes (or as deemed similar to power and type).
(9)
Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling.
(10)
The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
(11)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(12)
The home occupation shall not involve the use of advertising signs. Only one nonilluminated nameplate not to exceed one foot by two feet shall be allowed. It may display the name of the occupant and/or the name of the home occupation.
D.
Procedures.
(1)
Application. Application for a home occupation permit shall be made to the Zoning Board of Appeals on a form provided by the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
(2)
Board of Appeals review and public hearing. After a duly scheduled public hearing, the Board of Appeals may issue a home occupation permit. Notices of the public hearing shall be mailed by the Secretary of the Board of Appeals to owners of property within 200 feet of the property line.[2]
(3)
Voiding of permit. The Board of Appeals may void any home occupation permit for noncompliance with the conditions set forth in approving the permit, after 30 days' notice.
E.
Customary home occupations. Customary home occupations include, but are not limited to, the following list, subject to the requirements of Subsections B, C and D of this section:
[Amended 1-24-2001 by L.L. No. 5-2001[3]]
(1)
Providing instruction to not more than two students at a time, except for occasional groups.
(2)
Day-care homes.
(3)
Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.
(4)
Office of a doctor or a dentist.
(5)
Office facilities for clergy.
(6)
Office facilities for salesmen, sales representatives and manufacturers' representatives when no retail or wholesale sales are made or transacted on the premises.
(7)
Studio of an artist, photographer, craftsman, writer, composer or similar person.
(8)
Service by a hair stylist, dressmaker, tailor or similar person.
(9)
Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of a disability.
F.
Prohibited home occupations. Customary home occupations shall not, in any event, be deemed to include:[4]
§ 300-55 Temporary use permits.
A.
Certain uses are allowed as temporary uses for such limited periods of time and within such other restrictions as are established in this chapter. Application for a temporary use permit shall be made to the Zoning Board of Appeals on a form provided by the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
B.
During the course of review of an inquiry or complaint, the Zoning Board of Appeals may deny an application or impose conditions related to the operation of such temporary use, including, but not limited to, the following:
(1)
The location and the extent of the property already devoted to or proposed to be devoted to such activity.
(2)
The dates and the hours when such activity is to be occurring.
(3)
The location of access to the site and the number and location of parking spaces which are existing or which are to be established on a temporary basis.
(4)
The number, type and location of trash receptacles which are in use or to be placed, if any.
C.
Permitted temporary uses shall include, but not be limited to, the following:
(2)
Seasonal sale of plants or farm produce.
(3)
Christmas tree sales.
(4)
Mobile homes as contractor's offices, provided that:
(5)
Model homes used for office purposes associated with sales or leases, provided that such use is limited to the active period of construction of dwellings.
(6)
Carnivals or circuses on other than residentially zoned property or on residentially zoned property which is owned by a not-for-profit group or organization, provided that such activity is limited to a period of time which does not exceed 10 days.
(7)
Other uses found to be temporary in nature by the Zoning Board of Appeals.
§ 300-56 Outdoor furnaces/boilers.
[Added 11-12-2008 by L.L. No. 10-2008; amended 7-13-2022 by L.L. No. 2-2022]
A.
Existing outdoor furnaces/boilers.
(1)
Intent. The use of outdoor wood furnaces creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, it is the intention of the Town to prohibit the construction and operation of outdoor wood furnaces within the limits of the Town for the purposes of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the people of the Town of Ogden.
(2) OUTDOOR WOOD FURNACE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any equipment, device, appliance or apparatus of freestanding wood, coal or biofuel-fired outside furnaces and boilers, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an "outdoor wood boiler" or "outdoor wood hydronic heater."
(3)
Outdoor wood furnaces prohibited. No person shall install, use or maintain an outdoor wood furnace in the Town of Ogden.
(4)
Nonconforming uses.
(a)
Any outdoor wood furnace that is lawfully existing on the effective date of this section will be considered a nonconforming use. Such nonconforming use shall be discontinued, and any outdoor wood furnace shall be removed from the premises within seven years of the effective date of this section or the nonconformance shall be deemed to have continued in violation of this section. Such period shall be known as the amortization period. The person operating such outdoor wood furnace may make an application to the Town Board within six months of the effective date of this section establishing that, due to specific circumstances, such amortization period is unreasonable and will result in a substantial loss of investment. The Town Board may, after consideration of such application and any evidence provided, grant a reasonable extension of the amortization period. Relevant factors for consideration will include:
(b)
The transfer of ownership of the real property containing the nonconformance during the amortization period will immediately terminate such amortization period and result in the immediate removal of the nonconforming use.
B.
Regulation of installation and use of DEC-certified, and regulated outdoor wood boilers.
(1)
Intent. It is the intent of this subsection to permit and regulate the use of outdoor wood boilers that are manufactured, sold and certified to be in strict compliance with all New York State Department of Environmental Conservation and New York State Building Code requirements, as well as to provide for the periodic inspection of such units and the allowed fuels to insure, to the greatest extent possible, the use of such units without impacting the surrounding community.
(2) APPROVED FUELS(a) (b) (c) (d) (e) (f) CERTIFICATE OF COMPLIANCE CONDITIONAL USE PERMIT OUTDOOR WOOD BOILER PERMIT PROHIBITED FUELS(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Seasoned clean wood;
Wood pellets made from clean wood;
Heating oil in compliance with DEC regulations, L.P. gas or natural gas may be used as starter fuels for dual fuel-fired outdoor wood boilers;
Nonglossy, noncolored papers, including newspaper, may be used only to start an outdoor wood boiler; and
Such other fuels approved by the DEC per the certification requirements of its regulations, as amended from time to time.
Only those approved fuels as recommended by the manufacturer.
A certificate issued by the Code Enforcement Officer certifying that such outdoor wood boilers has been installed and tested, and is in compliance with this subsection as of the date of issuance of such certificate.
A permit issued by the Town of Ogden Zoning Board of Appeals, pursuant to Article XI of the Zoning Code of the Town of Ogden, containing such conditions as such Board shall determine, including revocation in the event of noncompliance with the provisions of this subsection.
New outdoor wood boilers that shall bear a manufacturers permanent tag certifying that the outdoor wood boilers, as manufactured and sold for use in New York state, are manufactured in compliance and New York State Building Code requirements and New York State Department of Environmental Conservation (DEC) regulations.
That building permit issued by the Code Enforcement Officer of the Town of Ogden allowing for the installation of the outdoor wood boilers in compliance with the provisions of this subsection.
Wood that does not meet the definition of clean wood;
Unseasoned wood;
Garbage;
Tires;
Yard waste, including lawn clippings;
Materials containing plastic;
Materials containing rubber;
Waste petroleum products;
Paints or paint thinners;
Household or laboratory chemicals;
Coal;
Paper except as allowed pursuant to "approved fuels" above;
Construction and demolition debris;
Plywood;
Particle board;
Fiberboard;
Oriented strand board;
Manure;
Animal carcasses;
Asphalt products;
Salt water driftwood; or
Any other fuel that is not recognized as an approved fuel pursuant to DEC regulations, as amended from time to time.
(3)
Permits required. No outdoor wood boilers shall be operated within the Town of Ogden unless it shall have been issued a building permit, conditional use permit and a certificate of compliance for the same. Applications for all required permits shall be on forms for the same, as developed from time to time, by the Code Enforcement Officer of the Town of Ogden.
(4)
Dimensional requirements.
(a)
An outdoor wood boiler may only be installed on a tax parcel of at least three acres in size, and having a minimum tax parcel width of at least 300 feet, and a minimum tax parcel depth of at least 400 feet.
(b)
An outdoor wood boiler must be installed at least 150 feet from all side and rear property lines, or at such greater setbacks as may be recommended by the outdoor wood boiler manufacturer, or as may be conditioned by the Zoning Board of Appeals upon the issuance of any conditional use permit.
(c)
An outdoor wood boiler shall be equipped and installed with a permanent stack installed to the manufacturer's specifications, New York state regulations and the Town of Ogden Code requirements.
(d)
An outdoor wood boiler may only be installed upon a tax parcel as an appliance to service the principal permitted structure, and shall be only installed in the rear yard of the tax parcel.
(5)
Compliance required. Any outdoor wood boiler installed in accordance with this subsection shall at all times be operated in conformance with the requirements of Part 6 of the Codes Rules and Regulations of the State of New York, including but not limited to §§ 247.3 through 247.4, and 247.5 through 247.9 as adopted and amended from time to time.
(6)
Fuels. Only approved fuels may be burned in any outdoor wood boiler. Seasoned clean wood shall be covered so as to prevent it being burned in a wet or moist condition. Burning of prohibited fuels shall be reason for immediate suspension of any conditional use permit and/or certificate of compliance previously issued with respect to such outdoor wood boiler.
(7)
Preexisting outdoor wood boiler.
(a)
All existing outdoor wood boiler within the Town of Ogden, as regulated pursuant to Subsection A shall be considered as a preexisting nonconforming structure and use, and may continue to be used, provided that only approved fuels shall be used from and after the date of enactment of this section.
(b)
That such preexisting nonconforming structure and use shall cease and terminate upon either (a) the removal of the outdoor wood boiler by the owner, or (b) the violation of the prohibited emissions standards of this section.
(c)
In order to continue the use of an existing outdoor wood boiler from and after the date of enactment of this section, the owner of the tax parcel upon which the existing outdoor wood boiler is installed shall;
[1]
Have the existing outdoor wood boiler inspected by the Town Code Enforcement Officer.
[2]
Not later than December 31, 2022 apply for a certificate of nonconformity.
[3]
Execute an acknowledgement that the owner will thereafter burn only approved fuels, and will operate such outdoor wood boiler at all times in compliance with the emission standards established herein.
(8)
Prohibited emissions standards.
(a)
No person shall cause or allow emissions of air contaminants from an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic or duration which is injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:
(b)
The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that result in the conditions or circumstances listed in this subsection notwithstanding the existence of specific air quality standards or emission limits.
(9)
Authority. This section is adopted pursuant to the authority of Article 2, § 10, of the New York State Municipal Home Rule Law.
(10)
Supersession of inconsistent laws, if any. The Town Board hereby declares its legislative intent to supersede any provision of any local law, rule or regulation or provision of the law inconsistent with this section. The provisions of law intended to be superseded include all the Town Law and any other provision of law that the Town may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this section and superseded such inconsistent provision had it been apparent.
(11)
When effective. This section shall take effect immediately.
§ 300-57 Garages and carports.
[Added 9-13-2017 by L.L. No. 6-2017]
A.
Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with 3/4 hour fire-protection-rated assemblies equipped with self-closing devices.
(1)
Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall have no openings into the garage.
B.
[1]Carports.
(1)
Carports shall be open on not fewer than two sides. Carport floor surfaces shall be of approved noncombustible material. Carports not open on two or more sides shall be considered to be a garage and shall comply with the provision of this section for garages.
(2)
Exception. Asphalt surfaces shall be permitted at ground level in carports. The area of floor used for parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway.
C.
Flood hazard areas. For buildings located in flood hazard areas as established by Table R301.2(1) of the Residential Code, garage floors shall be:
(1)
Elevated to or above the design flood elevation as determined in accordance with Section R322 of the Residential Code; or
(2)
Located below the design floor elevation provided that the floors are at or above grade on not fewer than one side, are used solely for parking, building access or storage, meet the requirements of Section R322 and are otherwise constructed in accordance with this code.
D.
Automatic garage door openers. Automatic garage door openers, if provided, shall be listed and labeled in accordance with UL 325.
E.
Fire sprinklers. Private garages shall be protected by fire sprinklers where the garage wall has been designed based on Table R302.1(2) of the Residential Code, footnote a. Sprinklers in garages shall be connected to an automatic sprinkler system that complies with Section P2904 of the Residential Code. Garage sprinklers shall be residential sprinklers or quick-response sprinklers, designed to provide a density of 0.05 gpm/ft2. Garage doors shall not be considered obstructions with respect to sprinkler placement.