Residential Dwellings (Single-family, two-family and townhomes).

Industrial and public utility uses.

Land used in agricultural production.

All other uses. Maximum fence height shall be six feet, unless otherwise permitted in applicable zoning district regulations. The fence location and type shall be determined through the required review process set forth for all other uses.

Shall be no more than eight feet in height.

Shall not be permitted in the front yard.

Shall be structurally sound. Deer fencing may have solid posts and cross members but must be comprised of more than 75% wire, open-mesh or other open-style material that allows light and air to pass through in each panel or section of deer fencing installed.

Shall be designed to enclose existing fruit/vegetable garden area or active orchard or to enclose a proposed fruit/vegetable garden area or active orchard that will be planted within one year of construction.

Shall be located a minimum distance of 20 feet from any property line abutting a street, right-of-way line or highway and 10 feet from any other property line.

Snow fencing shall not exceed four feet in height and may only be installed during the time period when winter parking restrictions are in effect, pursuant Town Code § 220-15, as amended or changed.

Construction fencing shall not exceed eight feet in height and only be installed in conjunction with active demolition, construction and/or development projects and must be removed once the project has been completed.

Any other temporary fencing may be installed no more than 45 days in a calendar year.

The proposed access does not, by reason of its location, create a hazard of any nature to the public in general or to any adjacent owner or occupant.

The highway's current and future road function as specified in the Town of Penfield's Comprehensive Plan and other Town policies.

That more cohesive neighborhoods be developed, and abutting property owners shall not be unduly and unnecessarily inconvenienced in the future when it becomes necessary to widen highways to accommodate greater traffic flows.

Listed below are those highways where limited access shall be considered:

In addition to the highways listed above, any other highways shall be considered for limited access as may be deemed necessary by the board having jurisdiction and the authorized official.

All plans for structures to be erected, altered, moved or reconstructed, and for the use of premises within such districts, shall contain a plan for the proposed driveway access to the premises. No such plan shall be approved unless such driveway access is onto a dedicated public highway or a highway within a subdivision, which appears upon a subdivision map approved by the Planning Board or Town Board, as the case may be. All such plans for structures or uses, other than for a one- or two-family dwelling, or for farm or dairy structures or uses, shall contain provisions for a separate paved entrance and exit driveway with a minimum width of eight feet; or if a single driveway in excess of 100 feet from the right-of-way is provided, the same shall be 16 feet in width.

In specific cases and in the judgment of the board having jurisdiction and/or the authorized official, circular driveways may be considered one curb cut and thereby allowed for the reason that circular driveways direct traffic in a forward motion which eliminates backing out onto highways and also for the reason that such circular driveways often provide more off-street parking than would otherwise be possible.

The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal; the sounding of a multitoned or musical horn; the creation, by means of any such signal device, of any unreasonably loud or harsh sound and the sounding of such device for an unnecessary and unreasonable period of time, except that this subsection shall not apply to vehicles of the Fire Department, Police Department, emergency vehicles of municipal departments or emergency vehicles of public service corporations or ambulances.

The playing of any radio, television, phonograph, musical instrument or other machine or device for the producing, reproducing or amplification of sound in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. It shall be prima facie evidence of a violation of this section if the sound emanating from such machine or device is:

The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person in the vicinity.

The use of any automobile, motorcycle or vehicle so out of repair or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise.

The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, air compressor or motor vehicle or motorboat engine or the making of a mechanical noise by a compressor or refrigeration, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

A new and/or existing building is hereafter erected or enlarged.

The use is changed to another use with greater parking requirements.

Apartment houses and multiple dwellings shall provide and maintain at the site of such structures and completely off the limit of any street or highway an improved and usable parking area of sufficient size to provide two parking spaces for each apartment or living unit to be contained in such structure. A minimum of 25% of the number of units shall have covered parking.

There shall be no specific number of on-site parking spaces required for business establishments operating within the Four Corners District. The Town Board shall review and make a determination of an applicant's parking needs and how they can be met at the time a request for a conditional use permit is made.

Other permitted uses not otherwise specifically listed above shall furnish parking as required by the board having jurisdiction and/or the authorized official.

The Planning Board or Town Board, as the case may be, may modify parking requirements to reflect the needs of a particular use to be developed, provided that the board is satisfied that the site may be able to accommodate future uses with more intensive parking requirements. Said area shall be identified and set aside on an approved site plan.

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, provided that the owners or operators of the uses, structures or parcels can demonstrate 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, covenant or other appropriate written document to establish the joint use.

Where such shared facilities are not on adjacent lots, there must be evidence of the right of public access across other lands located between the subject parcels.

Where two or more properties are to provide shared parking in a common off-street parking area, the board having jurisdiction may consider the land area, buildings and site improvements of the participating parcels as though they were located on a single parcel of land. In so doing, the dimensional requirements of the total land area and building improvements shall be used to determine the required number of off-street parking spaces as required by the regulations specified in this section.

Where two or more adjacent properties are providing parking in a common off-street parking area, the board having jurisdiction may, if deemed appropriate, reduce or waive the requirement for the setback of off-street parking, loading or access from any abutting side yard.

Shared access shall be required for sites within the TFOD as identified in the Town's specifications and design criteria.

Where an applicant proposes the shared use of an accessway or an off-street parking area by two or more properties, the board having jurisdiction may authorize a reduction of up to 20% of the total number of spaces which would have been required by the application of the standards specified in this section. Any such reduction shall be authorized on a conditional basis for an initial period of up to two years. During this period, the authorized official shall periodically inspect the property to determine if the number of spaces authorized by the board having jurisdiction and provided by the applicant is sufficient to serve the needs of the use. If, after the expiration of the conditional period, the number of spaces provided by the applicant proves to be sufficient, this condition of approval may be extended or deleted, upon request by the applicant to the board having jurisdiction.

The applicant shall specify the location and availability of the additional spaces that would otherwise have been needed to satisfy the parking standards specified in this section. These spaces shall be reserved to ensure their availability if the board having jurisdiction were to determine that they are actually needed. This reservation shall be identified by location and established as a condition of site plan approval and/or a change of use or conditional use permit. A note to this effect shall be added to the final site plan or instrument survey. The reserved parking area shall not include any required buffer areas or setbacks, or other areas which would otherwise be unsuitable for parking due to the physical characteristics of the land or other requirements of this chapter. The reserved area shall be appropriately landscaped.

All premises and buildings in the Town of Penfield which the Fire Department may be called upon to protect in case of fire or emergency and which are not accessible from public roads shall be provided with suitable access roads and fire lanes, so that all buildings on the premises are accessible. The location, size, layout and nature of said access roads and fire lanes shall be subject to the approval of the appropriate board upon recommendation of the Fire Marshal. In those areas where new construction is being undertaken, suitable roads shall be constructed and maintained so as to provide access to the Fire Department and other emergency vehicles prior to the commencement of any aboveground construction.

Fire lanes for shopping centers, office buildings, places of assembly and other commercial buildings shall be a minimum of 30 feet in width, and 25 feet in width in multiple-dwelling residence districts. Fire lanes shall consist of H-20 loading criteria as per Town specifications. When the above criteria are not practicable, the Fire Marshal shall make recommendations to the appropriate board for the size of fire lanes.

The signs required to be posted by this chapter shall conform to the size and color requirements for parking signs as set forth in the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation. In addition, said signs shall also:

Traffic lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs or median strips.

Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.

Provision shall be made on the subject premises for the parking of bicycles and motorbikes.

Provision shall be made for the safe movement of pedestrians while in the parking area or accessory area through the use of walkways, medians and crosswalks.

Curbing and traffic barriers or islands shall be built where necessary and maintained so as to enforce desired traffic patterns within the parking area. Where possible, traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment.

Stop signs, flashing signals or yield signs shall be erected at entrance or exit locations to a parking area or at intersections within the parking area where required for traffic safety.

Signs regulating parking, traffic flow and speed limits on subject premises shall be erected.

The owner may be required to properly designate an agent for service of process who resides in and has an office in Monroe County, State of New York.

In commercial areas, all vehicles shall be placed only in approved parking areas previously designated as such by the authorized official and/or appropriate board having jurisdiction for parking.

The authorized official shall notify the owner of subject premises of the standards for traffic and parking control which must be met. Such notice shall be in writing and addressed to the owner of record of such subject premises at the address shown on the last preceding assessment roll, and sent by certified mail, return receipt requested, or hand delivered. Within 30 days of the receipt of such notice, or within such time as the authorized official consents, such owner shall present to the authorized official a comprehensive plan and time schedule for conforming to such standards. The authorized official, after review of such plan by the Town Engineer/consulting engineer and other appropriate boards or officials, shall present such plan and time schedule to the board having jurisdiction, which may make such revisions or add such requirements as it deems necessary to promote the public health, safety and welfare and to ensure the safe and nonhazardous use of such subject premises. Such owner shall be notified in writing by certified mail, return receipt requested, or by hand delivery, of the approval of such plan and time schedule, together with revisions and/or additional requirements to be met. Subsequent to such notification, such owner shall conform to the standards and requirements as finally determined by the board having jurisdiction within the time schedule so specified, except where such owner makes application to the board having jurisdiction for a public hearing as provided herein, in which case conformance shall be stayed until the decision of the board having jurisdiction subsequent to such public hearing.

Within 10 days of receipt of notification of approval of such plan and time schedule, together with revisions and/or additional requirements, an owner of subject premises may make written application to the board having jurisdiction for a public hearing under this section for the purposes of reviewing the traffic and parking control standards required by the board having jurisdiction and to permit such owner to submit any objections to the plan and time schedule, as may be revised by the board having jurisdiction for the public record and for the board having jurisdiction.

Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the board having jurisdiction within the specified time schedule shall be a violation of this chapter and such owner shall be subject to the enforcement proceedings and penalties set forth in Article XV.

All roads, sidewalks, driveways and parking areas used in connection with subject premises must be kept in proper repair, free from potholes, free from dirt where paved and free from refuse, snow and ice, except that snow may be piled on subject premises so long as it does not interfere with the internal circulation and parking of the parking area and does not hinder driver vision when entering or leaving the subject premises.

The subject premises must be kept free and clear of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions and must be kept properly repaired and maintained.

Fire lanes, traffic lanes and parking lines for parking spaces, where required, shall be maintained and properly painted and marked so that such lanes and lines will be clearly visible to vehicle operators and pedestrians.

Because of the traffic and safety hazard resulting from the random leaving of shopping carts in parking and accessory areas by persons, holders which provide shopping carts for customers and allow customers to remove such carts from store premises are required to take whatever steps are necessary to ensure that such carts are not left in parking or accessory areas after use by such customers. Shopping cart collection stations may be used in a parking area, provided that such stations do not create a traffic hazard, are kept free of snow and ice and are frequently policed by the store's employees so that the capacity of the stations is not exceeded. Failure of a holder to remove its carts from a parking or accessory area, other than from a cart collection station with sufficient capacity for more than 30 minutes after use by a customer, shall constitute a violation of this article by such holder. Each cart that remains in a parking or accessory area in violation of this regulation shall constitute a separate offense.

All prescribed lights on subject premises must be kept in proper working order and lighted during the darkness period when the subject premises or any portion thereof is being used by the holder, or the subject premises or any portion thereof is open for business. The authorized official may require the holder of any subject premises to reduce outdoor lighting after business hours.

All fences, signs, screening, curbing, traffic barriers and islands, grass, trees, shrubbery, landscaping, retaining walls, slopes and other space used in connection with subject premises must be maintained and/or repaired.

All water drains and water drainage systems used in connection with subject premises must be kept clean and in proper working order.

All stormwater retention ponds and systems related thereto used in connection with subject premises shall be maintained in proper working condition.

All exterior areas on subject premises must be kept free and clear of the storage of goods, wares and merchandise unless otherwise permitted by an outside storage and display permit. Loading and unloading are to be done in designated zones only.

All refuse and rubbish must be stored in a designated place or placed in properly covered refuse receptacles, which shall be screened from public view by fencing or other appropriate techniques.

There shall be, at convenient places for use by public, proper trash receptacles, which shall be sufficiently serviced to prevent overflow.

Where required, facilities for the parking of bicycles and motorbikes on subject premises and parking spaces and related ramps and facilities for handicapped persons shall be maintained and properly designated.

Traffic and parking control standards to which holders of subject premises have conformed under this section must be maintained.

Engineering requirements, landscape plans, parking and traffic control plans or any other criteria or requirements upon which the approval of a site plan or special use permit for subject premises shall be obtained from the board having jurisdiction.

If, as of December 17, 2014, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, unrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation (DEC) and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue; subject, however, to the provisions of Subsections B and C of this section.

Natural gas and/or petroleum extraction activities that are being conducted in the Town as of December 17, 2014, and which do not qualify for treatment under Subsection A(1) above shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).

Lighting of properties within the TF Overlay District shall be coordinated so as to provide consistency of design and to maximize the efficient use of energy. All such lighting shall be located and designed so as not to cause glare on any adjacent sites and shall be subject to the approval of the board having jurisdiction.

Exterior lighting proposed within 200 feet of any residential district shall be no more than 20 feet in height, and in no case shall lighting be permitted in excess of 30 feet in height. All light poles shall be landscaped at their bases; the board having jurisdiction shall approve said landscaping.

Such farm market shall be constructed on not less than five acres of property identified with the same tax account number.

The maximum building area devoted to farm market retail sales area shall not exceed 10,000 square feet; however, accessory growing structures shall be permitted, provided that the principal farm market and said accessory structures maintain a fifty-foot setback from all property lines.

The primary function of the farm market operations is to sell agricultural produce and plant materials which have been grown on- or off-site (edible and nonedible). Farm markets are also permitted to sell other such items which are considered incidental and ancillary to those items listed above, such as fertilizers, herbicides and pesticides, lawn and garden tools and equipment, and lawn furniture.

The farm market operations may be conducted 12 months per year.

Farm markets shall be serviced by parking spaces as set forth in § 250-7.7 of this chapter.

Outside storage and display of produce and plant materials shall be permitted on all portions of the property, with the exception of areas where traffic sight distance will be impacted. No outside storage and/or display of said materials shall be permitted within the public right-of-way at any time.

Outside storage and display of all other items accessory and incidental to a farm market operation shall be placed in an approved area, not less than 50 feet from any property line. The size of said storage area shall not exceed 25% of the size of the principal farm market structure and shall be effectively buffered in a manner that it will not create a nuisance to adjacent properties, as determined by the authorized official.

In any LB, FC, B-NR or GB District, no fixed or portable equipment, motor vehicles, or other materials shall be permitted to be stored or displayed nor shall any stands for sale or display be permitted in such a district outside an enclosed building unless a special use permit shall have first been granted by the Zoning Board of Appeals. Such Board may permit the outdoor display or storage of such equipment or materials upon such conditions as it may deem reasonable, provided:

The fee for the issuance of a special use permit by the Town Clerk shall be established by resolution by the Town Board. Any permit granted hereunder may be revoked by the Zoning Board of Appeals after due hearing on not less than 10 days' written notice to the person holding such permit in the event that the holder of such permit violates any of the conditions of the issuance thereof or of this section.

Unless the Zoning Board of Appeals shall set a shorter period of duration, each such permit shall be valid for a period of three years.

Temporary outside storage, display and sales permits of a duration of one week or less may be granted by the authorized official up to and including four times per year, provided the applicant demonstrates the ability to meet the conditions of Subsection B(1) of this section. The fee for the issuance of a temporary permit shall be established by resolution by the Town Board. Permits granted pursuant to this subsection shall be issued by the Town Clerk upon payment of the required fee. Any temporary permit granted hereunder may be revoked immediately by the authorized official in the event the use made hereunder violates any of the conditions of its issuance or shall have become a nuisance.

No such storage or display shall occur within 150 feet of the line of any residential zoning district; and

Such permit shall become void one year after approval unless the permitted activity has commenced.

Applicability. The requirements for this section shall apply to all outdoor storage and display in any district zoned RA-2, CR-2, RR-1, R-1-20, R-1-15, R-1-12, MR, TH, PD, LLD, FC or MHP.

Materials, refuse and debris.

Recreational ramps shall be prohibited within any right-of-way or private roadway;

Recreational ramps must comply with all minimum zoning setback requirements, but in no case shall a recreational ramp be constructed less than 30 feet from any adjoining property boundary.

Only one person may be upon a recreational ramp at one time. Users must wear protective safety equipment.

Recreational ramps shall be used only between the hours of 11:00 a.m. and 7:00 p.m. or until 8:30 p.m. during daylight savings time.

There shall be no more than one recreational ramp permitted on any property.

No recreational ramp shall be in excess of six feet in overall height, excluding handrails. All building construction shall include insulation or other sound-deadening materials and shall be designed and constructed in a safe, workmanlike manner. Closure of the open ends of the recreational ramp shall be required, and orientation of the recreational ramp shall direct noise away from adjacent properties wherever possible. Owners of said facilities shall be encouraged to buffer, landscape or otherwise screen or contain the noise generated by skateboarding activities on their property. The Building Inspector is authorized to place conditions upon the building permit requiring landscaping improvements to be installed to minimize and mitigate adverse visual and noise impacts.

Structural stability. Recreational ramps shall be structurally stable, and such determination shall be made by the Building Inspector on any of the following bases:

The Town of Penfield shall assume no responsibility for design, safety, and structural integrity or otherwise in its issuance of a building permit for a recreational ramp, which shall be the sole responsibility of the applicant/owner thereof.

The construction of a recreational ramp shall require issuance of a building permit in accordance with Chapter 94, Article I, Building Code Administration and Enforcement, of the Town Code. The fee for a building permit for recreational ramps shall be determined and set by the Town Board by resolution.

Owners of existing recreational ramps without permits shall, within 30 days following the enactment of this section, file an application for a permit with the Building Department, showing compliance with this section or seeking a waiver from its terms pursuant to Subsection F.

Owners of existing recreational ramps who fail to obtain a building permit for said ramps shall have 90 days, from the effective date of this regulation or from determination denying the permit, whichever is later, to remove such nonconforming structures or uses.