No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.

No building or structures shall hereafter be erected or altered to exceed the height, to house or accommodate a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front or side yards than is specified in this chapter for the district in which the building or structure is located, or to be less than one full story in height as defined in this chapter.

No part of a yard or open space required for any building shall be included as part of the yard or open space required for another building.

No lot shall be reduced in size if, as a result thereof, its area or any of its dimensions or open spaces shall be smaller than required by this chapter.

Any required yard shall be entirely open and unoccupied by buildings other than:

Except as specifically provided herein, no lot shall have erected upon it more than one principal building or be allowed more than one principal use.

Every principal building shall have access to a public street improved to meet Town requirements. Access may be either by a driveway or private road approved by the Town.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.

For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.

Any structure which has had utility service disconnected for six consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.

Where a private road or drive provides access to more than two principal buildings, said road or driveway shall have a right-of-way width of not less than 50 feet and a travelway width of not less than 12 feet, improved with a durable all-weather surface, subject to approval of the Planning Board during subdivision review. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.

All driveways from a state or county highway shall include sufficient space to turn a vehicle around. The Planning Board shall reserve the right to require a similar vehicle turnaround on Town roads. The need for a turnaround on Town roads shall be determined based on the location of the property and existing and projected traffic volumes.

At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted within 50 feet of any intersecting street.

On all nonresidential properties within the Town of Parma, the owner and occupant shall maintain the walkways, sidewalks, driveways and parking areas located in the front, rear or side of such premises, from the building line to the nearest public street line, in a clean, sanitary, and safe condition and free from litter, debris, paper, dirt, garbage, junk, snow, ice or other obstruction and in good repair, and shall be liable to any party for injuries sustained as a result of the failure to so maintain the same.

Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.

No manure, odor or dust-producing substances shall be permitted to be stored within 100 feet of any lot line, or any stream carrying water six months each year.

The use of any lot or building involving the disposal of sewage or wastewater shall be by an approved connection to the public sewer system or a private septic system approved by the Monroe County Department of Health.

No lot shall be used for the open storage of unlicensed or unregistered vehicle(s) or their parts unless said vehicle(s) are being offered for sale in accordance with the following provisions. The parking of unregistered motor vehicles for sale on the premises of a principal residential structure shall be subject to the following conditions:

Only one unregistered vehicle may be parked outside of a fully enclosed building for sale at any one time.

Only two unregistered vehicles, that are owned by the resident or property owner, may be sold or offered for sale in any 12-month period.

In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any 12-month period.

No unregistered vehicle advertised for sale shall be parked within any public right-of-way and no closer than 15 feet to any property line.

The open storage of abandoned motor vehicles or parts thereof on private property is expressly prohibited in the Town of Parma. It shall be unlawful for any person or legal entity, either as owner, occupant, lessee, agent, tenant or otherwise of private property within the Town, to keep in open storage an abandoned motor vehicle or any part or piece thereof on private property within the Town unless:

Except for fences associated with agricultural uses, a building permit shall be required for the erection of any fence or privacy structure. A site plan showing the proposed location and details of the fencing or privacy structure shall be provided to the Planning Board with the application for the permit.

Closed fences shall not be permitted along any front lot line or alongside lot lines between the front setback line and the highway right-of-way. Open fences along these lot lines shall not be higher than three feet above the adjacent ground level. Open fences allowed herein shall be encouraged to be decorative, such as a split-rail fence or board fence. Except as provided for in this article, wire fences, other than chain link, shall be prohibited.

No fence shall be erected to encroach on any property line or upon a public right-of-way or designated easement.

Where the land is used and occupied as a farm, open style fences shall be permitted, as necessary, to restrain livestock.

No fence which is expressly designed with an intent to injure or malign anyone who attempts to climb such a fence shall be permitted. The exceptions to this rule are certain types of fences listed below in Subsection C.

The finished or decorative side of a fence shall face away from the applicant's yard.

Chain link fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.

The restrictions specified herein shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

No fence that would impede or direct the flow for stormwater runoff shall be erected in a flood hazard area.

Up to 50 linear feet of fencing, up to a maximum of six feet in height, may be installed without a permit to enclose a run or pen for domestic animals, subject to the front, side and rear setback requirements of the zoning district. This shall only be permitted for residential uses and districts.

Fences on properties in the Agricultural-Residential (AR), Rural Residential (RR) and Waterfront Residential (WR) Districts may be erected up to a height of four feet within the rear and side yards.

Privacy structures and open and closed fences up to a height of six feet may be permitted on a lot for the express purpose of enclosing or screening a swimming pool or patio area. Such privacy structures shall be subject to the front, side and rear setback requirements of the zoning district. The complete enclosure of a yard in this manner shall not be permitted.

Fences shall not be permitted in the front yards.

Properties located in the AR and RR Districts with a lot size of two acres or less may erect fences in accordance with § 165-62C(1) and (2) below.

Fences on properties in the Neighborhood Residential (NR) and Multifamily Residential (MR) Districts may be erected up to a height of six feet within the side and rear yards.

Fences on properties in the Waterfront Residential (WR) District may be erected up to a height of four feet within the side and rear yards.

All fencing in the WR District shall be constructed in a way to be transparent and open to protect and preserve views of the Lake Ontario waterfront.

No fence more than three feet in height shall be erected in the front yard.

Chain-link fences shall be permitted in the side and rear yards, and they shall be limited to four feet in height.

Decorative fence posts may extend above the foregoing height limitations by no more than six inches.

A fence up to 10 feet in height, including a barbed-wire top or an electric-shock fence may be permitted in the Corridor Mixed-use (C-MU) and Light Industrial (LI) Districts upon approval of the Planning Board. In order to obtain approval, the applicant must demonstrate that any one of the following conditions exists:

If such fencing is approved by the Town Board, the fact that it is either barbed or electrified shall be clearly indicated on the fencing at intervals of not more than 75 feet.

North arrow.

Property owner's name and address.

Operator's name and address, if different from property owner.

Property lines and dimensions and highway boundary lines.

Existing grades based on USGS datum.

Existing topography (woods, large trees, streams, ditches, swales, roads, structures, etc.) on the site to be filled, and on adjacent properties if within 20 feet of the property line.

Proposed finished grades after filling is completed.

Proposed entrance to dumping site, and method of controlling access, such as a fence and gate, to prevent unauthorized dumping.

Estimate of the volume (cubic yards) of fill to be placed.

Approximate timetable for the operation.

Statement as to the type of materials to be placed.

Type and thickness of final cover material and topsoil and seeding mixture.

Reasons for filling.

Show typical cross section of fill area.

Show on plan and notes how erosion is to be controlled.

All maps and supporting documentation shall be prepared by a licensed surveyor or engineer.

Front yard and foundation landscaping must be provided. Foundation landscaping shall be provided in the form of a continuous five-foot (minimum) landscape area around the full perimeter of the building, excluding pedestrian and vehicle access points.

Front yard landscaping and building foundation landscaping shall include a combination of trees, flowering shrubs, perennials, and ground covers.

Foundation landscape areas shall be 100% planted along the front, 50% planted along each side and 25% planted in the rear.

Off-street parking spaces shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter a parking space shall not be less than nine feet in width and 18 feet in depth exclusive of accessways and driveways.

Off-street parking areas for nonresidential uses shall provide an additional area of 100 square feet of area per off-street parking space to provide sufficient area for access drives and aisles.

All off-street parking 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 (except where provided in connection with one- and two-family dwellings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Planning Board during the site plan review process.

Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.

Access for nonresidential parking areas shall consist of at least one drive aisle 15 feet in width for parking areas with fewer than 20 spaces and at least two drive aisles 10 feet in width for parking areas with more than 20 spaces.

Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers, in compliance with provisions of the Town Fire Code.

Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 5% of those spaces, up to a maximum of 10 spaces, as only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall comply with ICC/ANSI A117.1 and shall be at least 11 feet in width and 18 feet in depth.

Front yard parking shall be prohibited in the N-MU and C-MU Districts.

Parking within the N-MU and C-MU Districts shall be in either the side or the rear yards of the property.

Side yard parking shall be setback a minimum of 10 feet behind the front building facade.

Off-street parking for single-unit and two-unit residential dwellings shall be provided on a driveway which provides access to such residences or a garage which is accessory to such residential uses.

No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line, or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.

The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. Said document shall bind the owner, his heirs and assigns to maintain the required joint use throughout the life of such uses and shall be approved by the Town Attorney.

Whenever a parking area for a nonresidential building or use faces a street or a property line, a planting area of a minimum width of eight feet with plantings at least three feet high planted at least three feet on center shall be provided between the parking area and the street line or property line. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review.

Whenever a parking area abuts a residential use or district, a planted buffer shall be provided. Landscaping utilized for this buffer shall not be less than four feet in height and spaced at least three feet apart on center. The planted buffer area shall not be less than 10 feet in depth.

All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.

Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.

When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.

In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the Planning Board during the site plan review process. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

The minimum number of off-street parking spaces for specific uses as regulated in this chapter is contained in the table below.

If any proposed use is not specifically identified herein, the Planning Board shall determine the number of parking spaces to be required for such proposed use.

For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be adequate space provided and permanently maintained for loading and unloading berths provided on the same lot with such building. Such berths shall be located in order to avoid undue interference with the public use of streets, alleys or off-street parking areas and provided in accord with the following standards:

The loading berth in each instance shall be not less than 12 feet in width, 55 feet in length and 14 feet in height.

No commercial vehicle with a load capacity of more than two tons shall be parked out of doors overnight or on Sunday in a residential district. No such vehicle shall be parked in any district for the purpose of displaying a commercial speech sign.

A nonconforming lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot and provided that the minimum area and lot width for such lot shall be as follows:

No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.

A permit for the use of preexisting lots which are less than the lot area and width specifications described above may only be issued following the approval of a variance by the Zoning Board of Appeals.

In the case of lots which comply with the provisions for modifications as specified in § 165-65A above, the minimum side yard setback shall be equal to 10% of the lot width. In no case, however, shall the minimum side yard setback be reduced to less than 10 feet.

In the case of lots which comply with the provisions for modification of § 165-65, the minimum rear yard setback shall be no less than 10% of the lot depth. In no case shall the minimum rear yard setback be less than 10 feet in residential, business and commercial districts, and 15 feet in industrial districts.

The side and rear yard setback reduction shall apply only if the provisions that qualify an existing lot of record set forth in § 165-65 are in place. The provisions set forth in this article are applicable irrespective of whether the existing lot is undeveloped or used for an approved purpose.

Permits for setbacks that would be less than those specified herein may only be issued following the approval of a variance by the Zoning Board of Appeals.

In residential districts where the frontage on the same side of the street within 500 feet of the subject parcel is 50% or more developed, the required front yard setback for a new structure may be modified to the average for such existing development. Otherwise, the requirements of the schedule shall apply.[1]

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos and other buildings not used for human occupancy.

Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 30 feet.

The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornamental purpose which may extend above the height limits of this chapter by up to five feet.

Public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side and rear yard setbacks are increased by two feet for each one foot of such additional height up to a maximum height of 50 feet and provided that there are on-site fire protection facilities, approved by the Code Enforcement Officer.

Public bridges, public water works and other municipal or public utility facilities.

Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.

There are some parcels within the Corridor Mixed-Use (C-MU) district that are large and narrow lots, which extend across multiple zoning districts. These parcels are large enough to be occupied by more than one building now or in the future. The regulations in this section are intended to ensure that traditional strip commercial centers are avoided and a horizontal mixing of land uses can be permitted to encourage varied development on parcels which stretch across more than one zoning district.

All primary and pad site buildings shall be arranged and grouped close to front primary streets.

All primary and pad site buildings shall frame and enclose parking areas, public spaces, plazas or other site amenities on at least three sides.

The number, location and design of independent pad sites shall reinforce rather than obscure the identity and function of the primary commercial development.

To the maximum extent practicable, pad sites shall be clustered together to define street edges and entry points or to enclose and create usable places between buildings. The even dispersal of pad sites in a widely-spaced pattern within the development, even if along the street edge(s), is discouraged.

Wherever practicable, spaces between adjoining pad site buildings should be improved to provide small pockets (preferably heavily-landscaped) of customer parking, pedestrian connections, small-scale project amenities, or focal points. Examples include but are not limited to:

All kiosk-type buildings and structures shall be integrated with the overall commercial or center development, and shall be subject to the same guidelines as all other buildings within the development.

Freestanding kiosks and drive-up ATM structures shall not be located along the primary access street frontage.

Access to a freestanding kiosk or drive-up ATM structure shall not be from the adjacent public streets. Access shall be from drives and streets internal to the development.

Freestanding kiosks and drive-up ATM structures shall comply with the building design standards applicable to pad sites set forth in.

Self-storage facilities shall only be permitted in the C-MU District as one structure or building which is part of a multi-building development on a single lot or property.

Self-storage facilities shall not be permitted to front the street in the C-MU District and shall be located in the rear of multi-building developments.