Perinton City Zoning Code
ARTICLE V
Regulations Applicable to All Districts
§ 208-14 Application of regulations.
[Amended 10-13-1977 by L.L. No. 7-1977; 11-9-1978 by L.L. No. 8-1978; 4-13-1988 by L.L. No. 2-1988; 7-26-1989 by L.L. No. 1-1989; 3-28-1990 by L.L. No. 2-1990; 2-13-1991 by L.L. No. 1-1991; 2-12-1992 by L.L. No. 1-1992; 11-13-1996 by L.L. No. 9-1996; 9-23-1998 by L.L. No. 2-1998; 4-14-1999 by L.L. No. 1-1999; 5-8-2002 by L.L. No. 4-2002; 6-23-2004 by L.L. No. 3-2004; 6-24-2009 by L.L. No. 1-2009; 2-24-2010 by L.L. No. 1-2010; 4-14-2010 by L.L. No. 3-2010; 8-10-2011 by L.L. No. 3-2011; 5-23-2012 by L.L. No. 1-2012; 9-12-2012 by L.L. No. 6-2012; 2-24-2016 by L.L. No. 2-2016; 8-22-2018 by L.L. No. 10-2018; 4-24-2019 by L.L. No. 9-2019; 12-18-2019 by L.L. No. 2-2020; 1-22-2020 by L.L. No. 1-2020; 3-9-2022 by L.L. No. 2-2022; 3-8-2023 by L.L. No. 1-2023; 11-6-2024 by L.L. No. 5-2024]
Except as otherwise expressly provided in this chapter:
A.
Use conforming.
(1)
No building, structure or land shall hereafter be used or occupied and no building, structure or part thereof shall be erected, demolished, moved or altered unless in conformity with the provisions of this chapter and all other laws or regulations for the district in which it is located.
(2)
No building or structure shall hereafter be erected or altered to:
(a)
Exceed the height, house or accommodate a greater number of families, occupy a greater percentage of lot area or have narrower or smaller rear yards, front yards or side yards than is specified in this chapter for the district in which it is located.
(b)
Be less than one full story in height as defined in this chapter.
B.
Yards.
(1)
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.
(2)
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.
(3)
Any required yard shall be entirely open and unoccupied by buildings other than:
(a)
Entrance porch or steps not over seven feet deep, front to rear, in a frontyard.
(b)
Porches and terraces in side or rear yards, provided that they are not covered nor enclosed and are no closer to the lot lines than required by the setback restrictions applying to the district.
(c)
Detached accessory buildings occupying not over 25% of a required rear yard and set back as required by this chapter.
C.
Fences, walls and hedges.
(1)
The face side of any fence erected in any district shall face the nearest abutting property, and all posts or supports shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side.
(2)
No fence or wall more than three feet in height shall be erected in front of the front setback line as defined herein.
(3)
No fence or wall more than six feet in height shall be erected in the side or rear yard.
(4)
A building permit must be issued for the installation of any fence and/or wall.
(5)
Any fence erected in a Commercial, Restricted Business, Industrial or Limited Commercial District shall be subject to Planning Board approval.
(6)
The provisions of the fence code do not apply to evergreen or solid-screen fence for a recreational vehicle (see Chapter 201).
(7)
Where land is used and occupied as a farm, such open-style fences as shall be necessary to restrain livestock shall be permitted as needed.
(8)
On corner lots in any district, no fence, wall or other structure or hedges or other planting or vehicles, machinery or equipment more than three feet above the level of the adjoining street shall be erected, placed, maintained or parked within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines in accordance with the following schedule:
Intersecting Streets* | Equilateral Legs of Triangular Area (feet) |
|---|---|
Arterial/arterial | 75 |
Arterial/collector | 50 |
Arterial/any other type | 50 |
Collector/collector | 50 |
Collector/minor | 25 |
Collector/rural road | 25 |
Collector/dead end | 25 |
Rural road/rural road | 25 |
Rural road/minor | 25 |
Rural road/dead end | 25 |
Minor/minor | 15 |
Minor/dead end | 15 |
(9)
On corner lots, the setback from the lot line abutting on each street shall be the front setback required on that street or highway.
(10)
Preexisting conditions that complied with the code in existence at the time of their installation may continue to exist, provided that they:
(a)
Do not represent a public safety concern as determined by the Commissioner of Public Works; or
(b)
Are not allowed to grow to impede the line of sight, and a clear line of vision is maintained below seven feet within the area defined in § 208-14C(8) above. Determination of such impediment shall be made by the Commissioner of Public Works.
D.
Odd-shaped lots.
(1)
Building in residential districts shall be permitted on odd-shaped lots if said lot has a width of at least 50 feet at the front line, provided that there is a width equal to the minimum lot width specified in this chapter at the front wall of the building and said lot has a minimum square foot area as specified in this chapter. All measurements shall be on a straight line and not along arcs.
(2)
Flag lots. Flag lots may be permitted in residential districts, if said lots have a width of at least 15 feet at the street line. The access panhandle shall have a minimum width of 15 feet. The area in the access panhandle shall not be used in calculating lot size unless the total area of the parcel is five acres or more. The front setback for a flag lot may be treated as a side setback as long as it is equal to or greater than the applicable side setback in that district.
E.
Setback exceptions.
(1)
Where there are existing residential lots, other than corner lots, approved by the Planning Board prior to June 22, 1954, which are smaller in size than lots provided for in this chapter, the side setbacks on said lots may be less than 15 feet, provided that each side setback is at least 15% of the width of the lot at the building line, but in no event shall said side setback be less than 10 feet. Any buildings built on said lots must comply with the current minimum size and sanitary sewerage requirements.
(2)
In residential districts, a porch or deck may project into the front setback five feet or 10% of the required front setback, whichever is greater.
F.
Junkyards. Junk- or scrapyards, automobile wrecking yards and the storing, sorting and baling of scrap metal and rags are prohibited in all districts. Any such uses which were legally permissible prior to the date of adoption of this chapter, but are prohibited uses thereafter, shall be discontinued and removed or changed to conforming uses within three years from the date of the adoption of this chapter.
G.
A one-story accessory building is permitted in Residential AA, A, B and C, Residential Transition 1-2-5, Residential Transition 2-5 and Residential Sensitive Districts, provided that there is an existing residence on said lot and that the exterior is finished in conformity with the style of said residence. These provisions shall not apply to agricultural or farm lands or to Restricted Business, Industrial, Mixed Use or Commercial Districts.
(1)
Size. Accessory buildings may be up to 200 square feet or up to 1% of the total lot area, whichever is greater. Such buildings shall not exceed 1,200 square feet in area.
(2)
Location and setbacks. Accessory buildings shall be located in the rear yard. Accessory buildings up to 200 square feet shall be no closer than five feet to the rear property line and five feet to the side property line. Accessory buildings over 200 square feet must comply with the setbacks for the zoning district the property resides in.
(3)
Use. An accessory building shall not be used for living purposes/human habitation.
H.
Utility services. All utility services and secondary distribution lines or pipes serving the same shall be constructed underground, except those necessary appurtenances thereto which are customarily constructed above the ground.
I.
Use density. If the permitted use is first permitted in a district with a lower density than in a less restrictive district, such lower density will apply to such use.
J.
Prohibited uses. No use shall be permitted, the operation of which normally results in any:
(1)
Dissemination of noise, vibrations, excessive light, dust, smoke, fumes, odor or other measurable atmospheric pollutants beyond the property line of the property in which such use is located.
(2)
Menace by reason of fire, explosion, atomic or induced radiation or other physical hazards.
(3)
Light visible at the property boundaries when produced through the use of oscillation, revolving, flashing or varying intensity light sources, unless for public safety, or as required by state or federal regulation, or as part of a seasonal holiday display. Any such lights existing on the adoption date of this regulation shall be removed within six months of said date.
K.
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.
L.
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.
M.
Exterior mechanical devices.
(1)
Nonresidential district properties.
(a)
All ground-mounted exterior mechanical devices, such as commercial refuse containers, ventilating and air-conditioning units (except window and wall units), shall be enclosed and/or screened.
(2)
Residential district properties.
(a)
All ground-mounted exterior mechanical devices, such as air conditioners, heat pumps, and generators, must be located in a side or rear yard, no closer than five feet from a property line. Corner lots are permitted to utilize a front yard when appropriate, but installations must not exceed five feet from the connected structure.
N.
Street numbers.
(1)
Owners of all buildings shall maintain street numbers on their principal structures.
(3)
If the structure is not visible from the road or set back at such a distance that numbers will not be legible, then the owner shall place a sign not to exceed one square foot in size and not more than 36 inches above grade at the front property line in the area of the entrance drive or on the mailbox if it is located on the property.
(4)
Said numbers shall be the address assigned to said structure by the Director of Building and Codes shall be in place prior to issuance of a certificate of occupancy and shall be maintained.
O.
Speed reduction devices, such as speed bumps, speed depressions, etc., shall be prohibited.
P.
Height of buildings. No building shall exceed 40 feet in height.
Q.
Public buildings and grounds may be permitted in any authorized district upon application to the Town Board for a special use permit. Said special use permit shall be for the proposed use only. If said special use permit is granted, site plan approval must be secured from the Planning Board before construction may begin.
R.
On residential properties, garages shall be limited as follows:
(1)
Detached garages shall not exceed 900 square feet in garage building area or 20 feet in height.
(2)
Attached garages shall not exceed 900 square feet in garage building area or 1/3 of the combined living area of the first and second floor, whichever is greater.
(a)
Exception to size limit- An area that is physically separated by a wall from the main garage parking area (i.e., utility or storage rooms, a workshop area, etc.) that clearly cannot accommodate the parking of a vehicle.
(3)
Residential properties are limited to one garage.
S.
Garage sales. On residential properties, with a residence on them, the homeowner or tenant of such property may conduct a garage sale from such property. Such sale is limited to a period of time not to exceed three consecutive days and may occur not more than twice per calendar year. Temporary signs, smaller than six square feet in size and less than 42 inches above the ground, associated with a garage sale may be placed on the property of the sale and at the immediate intersections leading to the property only during the actual sale. Failure to remove the signs following the sale will result in the Town removing the signs and charging the property owner a fee, as determined by the Town Board, for such removal.
T.
Purpose and intent. The outside storage of construction dumpsters and portable or temporary storage units may have a negative impact on the adjoining properties and is limited by these regulations.
(1)
Portable on-site deliverable storage units (PODS®) are permitted to be on a property for a period of time not to exceed 30 days per calendar year.
(2)
The use of roll-off dumpsters on residential properties is limited to a duration of 30 days, or for 45 days if there is an active building permit on the property. On nonresidential property the use is limited to the period a permit is active on the property and the location is required to be at the rear or sides of the building, if at all possible.
(3)
Only one portable on-site deliverable storage unit (PODS®) or roll-off dumpster shall be located on a residential property at a time.
(4)
The above regulations do not apply to activities related to farming operations, as such are defined within the New York State Agriculture and Markets Law.
U.
Farms exceeding the annual gross cash farm income threshold for "small family farms," as defined by the U.S. Department of Agriculture's Economic Research Service Farm Typology classification, may be permitted in any authorized district upon application to the Town Board for a special use permit under § 208-54. Said special use permit shall be for the proposed use only. If said special use permit is granted, site plan approval must be secured from the Planning Board before construction may begin.
§ 208-15 Refuse, trash, garbage and brush.
[Added 6-23-1993 by L.L. No. 8-1993]
Purpose and intent. In an effort to address the problem of accumulation of refuse and trash along the public roadways, the Town of Perinton hereby adopts the following section.
A.
Whereas the accumulation of refuse, trash and garbage in front of properties and along public rights-of-way is unsightly and unhealthy and the Town of Perinton has provided for the regular collection of certain residential refuse and there is adequate provision for regular collection of garbage, trash and building debris through private enterprise, therefore the Town has established policies for the placement, packaging and pickup of these materials.
B.
The Town Board shall by resolution adopt or amend such policy at a regular meeting. A copy of this policy shall be on file and available at the Town Clerk's office.
C.
Failure to comply with this policy within seven days of written notice from the Town may result in the following action by the Town:
(1)
The Town will contract with a private hauler to remove said refuse from along the right-of-way in front of the property as soon as can be scheduled.
(2)
The bill for the removal of this material, including an administrative fee as set from time to time by the Town Board, will be sent to the property owner. This bill will have a thirty-day due date in which to be paid to the Town Clerk.
[Amended 12-10-1997 by L.L. No. 6-1997]
(3)
Failure to pay this bill within 30 days will result in the assessment of a one-and-one-half-percent per-month (eighteen-percent annual) percentage rate penalty being added to the bill. If the bill remains unpaid for more than 90 days, it will be added to the taxes levied against the property. At least 60 days prior to the tax levy, a statement shall be prepared setting forth the waste disposal fees in arrears, with a brief description of the property for which the waste disposal services were provided and the name and address of the person or corporation liable to pay such amount. This statement will be presented to the Town Board, which shall levy the amount remaining unpaid against the real property for which such waste disposal services were provided.
§ 208-16 Off-street parking and loading.
[Amended 10-13-1977 by L.L. No. 7-1977; 5-9-1990 by L.L. No. 3-1990; 2-12-1992 by L.L. No. 1-1992; 1-13-1993 by L.L. No. 1-1993; 7-26-1995 by L.L. No. 4-1995; 9-23-1998 by L.L. No. 2-1998; 2-24-2010 by L.L. No. 1-2010; 9-12-2012 by L.L. No. 3-2012; 2-24-2016 by L.L. No. 4-2016; 3-14-2018 by L.L. No. 4-2018; 1-22-2020 by L.L. No. 1-2020; 12-18-2019 by L.L. No. 2-2020]
A.
General conditions.
(1)
Each off-street parking space for any use shall measure a minimum of nine feet by 18 feet and shall be designed with twenty-four-foot travel aisles for two-way travel.
(2)
All paved parking areas, with the exception of those related to one-family and two-family dwellings, shall be hairpin striped in the following manner:
(a)
Striping shall be yellow or white, three inches to four inches in width; outside dimension of the double stripe shall be 12 inches. The area between each set of double stripes shall be eight feet minimum.
(b)
Handicapped parking spaces shall be provided in a location and number in accordance with the New York State Uniform Fire Prevention and Building Code.
(3)
Location. Off-street parking shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking space to the nearest public entrance of the building that such parking space is required to serve, along vehicular travel aisles or designated pedestrian walkways.
(a)
For one- and two-family dwellings and for all types of residential structures in any district, spaces shall be on the same lot with the building they are required to serve.
(b)
For townhouses, two spaces related to the unit (one wholly enclosed) and one additional guest space per unit shall be within 300 feet of the building they are required to serve.
(c)
For multiple-family dwellings, spaces shall be not more than 300 feet from the building they are required to serve.
(d)
For hospitals, nursing homes, proprietary homes and other health-related facilities, spaces shall be not more than 500 feet from the building they are required to serve.
(e)
For uses other than those specified above, spaces shall be not over 600 feet from the building they are required to serve.
(4)
Units of measurement.
(a)
The New York State Building Code shall be the source for defining assembly areas and determining occupancy in assembly areas.
(b)
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.
(5)
Change in use, additions, alterations and enlargements. Whenever there is a change in use or an addition in floor area, a change in site usage or other units of measurement specified hereinafter to indicate the number of required off-street parking spaces and such change or addition creates the need for additional parking spaces, those additional parking spaces shall be provided. The Planning Board may waive the requirement for additional parking, provided that the additional parking spaces are designated as future parking spaces and meet the requirements as specified herein in § 208-16C(7).
(6)
Collective provisions. Nothing in this section shall be construed to prevent collective provisions for off-street parking facilities for two or more buildings or uses, provided that the total collective sum shall not be less than the sum of the various uses as computed separately.
(7)
Plans. Plans for the parking area shall be submitted to the Planning Board for site plan approval or to the Director of Building and Codes at the time of the application for the building permit for renovations or changes in use within a building that alter the gross leasable floor area (GLFA) or occupancy level.
(8)
No dismantled, unlicensed, junked, nonoperating or for-sale vehicles shall occupy a designated parking space.
(9)
All business-related vehicles, service vehicles and sales fleet vehicles shall be parked in the rear of the property, unless otherwise approved by the Planning Board.
(10)
No vehicle, while parked, shall project into or over a designated pedestrian walkway or landscaped area. Wheel blocks may be required to limit this vehicular encroachment.[1]
[1]
Editor's Note: Former Subsection A(11), addressing reservoir spaces for establishments with drive-up or drive-through lanes, which immediately followed this subsection, was repealed 3-24-2021 by L.L. No. 2-2021.
B.
Required parking spaces. Minimum required parking parking shall be determined using the most applicable data from the latest "Parking Generation Manual" of the Institute of Transportation Engineers (ITE), at the discretion of the Town staff.
[Amended 3-9-2022 by L.L. No. 2-2022]
C.
Parking areas: development and maintenance. Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements:
(1)
Screening and landscaping.
(a)
Off-street parking for more than five but less than 75 vehicles shall be effectively screened on each side by a fence of acceptable design, undirected masonry wall, earthen berm, acceptable landscaping or compact evergreen hedge. Such screening shall be maintained in good functional condition.
(b)
In parking areas with a capacity of 75 vehicles or more, landscaping plans must be submitted showing the area broken up into smaller sections by aisles and landscaping, with adequate provisions for pedestrian walkways; such aisles shall be a minimum width of 10 feet.
(c)
The front setback area shall be screened using a landscaped berm; such berm shall be no less than five feet high and 40 feet wide at the base. The design shall be in accordance with the Town of Perinton Design Criteria and Construction Specifications.
(d)
All setback and buffer areas shall be planted, landscaped and maintained in accordance with the approved site plan.
(2)
Setbacks. Parking areas shall be set back from the right-of-way as if they were buildings, unless otherwise specified herein. Where parking areas are adjacent to a private drive or road, they shall be set back 50 feet. Side and rear setbacks shall be at least 15 feet from the lot line. The Planning Board may modify these setbacks at the time of site plan approval.
[Amended 1-22-2020 by L.L. No. 1-2020]
(a)
Nonresidential district parking areas shall be set back from the right-of-way as if they were buildings, unless otherwise specified herein. Where parking areas are adjacent to a private drive or road, they shall be set back 50 feet. Side and rear setbacks shall be at least 15 feet from the lot line. The Planning Board may modify these setbacks at the time of site plan approval.
(b)
Residential driveways shall be set back four feet from side lot lines.
(3)
Surface of the parking area. Any off-street parking area for more than five vehicles shall be surfaced with an asphaltic pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation within the area. The Planning Board may alter this requirement at the time of site plan approval when special conditions exist.
[Amended 1-22-2020 by L.L. No. 1-2020]
(a)
Any off-street nonresidential district parking area for more than five vehicles shall be surfaced with an asphaltic pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation within the area. The Planning Board may alter this requirement at the time of site plan approval when special conditions exist.
(b)
Residential driveways in Residential AA, A, B, and C zoning districts shall be constructed of asphalt or concrete for at least the length of the required front setback or up to a maximum of 70 feet from the right-of-way.
(4)
Lighting. No lights shall be erected, operated or maintained in connection with off-street parking in such a manner as to create an annoyance to surrounding properties or that create a public safety hazard due to glare. No lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed adjacent to a residential district. Lighting shall not exceed 16 feet in height from grade to bottom of light source. All such lighting shall be approved by the Planning Board.
(5)
Loading and unloading areas. Paved areas for maneuvering, loading and unloading of vehicles supplying buildings or uses shall be shown on the site plan and excluded from all computations of paved areas required for parking under this section.
(6)
Locations for snow storage shall be provided and shown on the site plan.
(7)
Planned future parking areas. All areas to be used for future parking and access shall be identified on the site plan approved by the Planning Board with the condition that consistent parking of vehicles on the public right-of-way or outside of the designated parking areas or on adjacent parcels of land shall be the primary indicator of the need for conversion of planned future parking to functional parking areas. The need for conversion of future parking to functional parking shall be at the discretion of the Planning Board, based upon a review of the site and issuance of 120 days' notice.
(8)
Exceeding the required parking. Where a developing or developed parcel or use consistently exceeds the allotted parking spaces by parking of vehicles on the public right-of-way or outside of designated parking areas or within the fire lanes or on adjacent parcels of land, the Director of Building and Codes shall review the approved site plan for intensity of use. The Director of Building and Codes shall present these facts to the Town Board for action under § 208-53J of this Code.
§ 208-17 Subdivisions.
[Amended 10-13-1977 by L.L. No. 7-1977; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
A.
No subdivisions of lands which shall be subject to the provisions of § 334 of Article 9-A of the Real Property Law or § 89 of the Public Health Law, as the same may be amended or transferred to other laws or sections, shall be hereafter made until the map or plat and plans therefor shall have been submitted to and approved by the Planning Board and a copy of such map or plat and plans filed in the office of the Building and Codes Department.
B.
No lot in any such subdivision shall be sold and no building shall be erected upon any lots of such subdivision unless such lot is located upon a street or highway laid out in the subdivision, which connects with a highway, nor until the owner or subdivider shall have complied with the provisions of this chapter and all statutes of the County of Monroe and the State of New York applicable thereto.
C.
No building shall be erected upon any other lot or plot of land unless such lot or plot is located upon a street or highway, except that in a case provided for in § 280-a of the Town Law, the Board of Appeals, or the Planning Board as part of subdivision approval, may make such variance or exception as may seem advisable under the circumstances in accordance with the provisions of that section.
D.
All streets or highways hereafter laid out or dedicated to the Town shall be at least 60 feet in width; and no such street or highway shall be so dedicated until a map or plat of the same shall have been submitted to and approved by the Planning Board and a copy thereof filed in the offices of the Department of Building and Codes. The Planning Board shall have the power before granting such approval to increase the width or change the location of any such street or highway, taking into consideration the probable traffic requirements, topography of the land and other factors affecting the particular situation. No street or highway shall be accepted for dedication unless the same shall have been suitably improved to the satisfaction of the Town Board or a satisfactory performance bond to ensure installation of the same has been filed with the Town pursuant to § 277 of the Town Law.
§ 208-18 Sanitary facilities.
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations adopted, to be adopted or amended by the Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Detailed plans for such disposal system shall be submitted to the Department of Health and approved by it before a building permit shall be issued.
§ 208-19 Outdoor furnace/boiler units. [1]
[Added 4-25-2007 by L.L. No. 2-2007]
The Town of Perinton recognizes that alternate and supplemental heating systems provide some relief to the ever-increasing burden of heating with fossil fuels or electricity. Many of these alternative heating systems are not well suited for areas of residential development due to environmental concerns associated with their operation outside of the building being heated, particularly the production of offensive odors, the potential for the adverse health effects of uncontrolled emissions, the volume and particulate matter from the emissions and the potential to create a nuisance to adjoining properties.
A. OUTDOOR FURNACE/BOILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of solid fuel to produce heat or energy used as a component of a heating system providing heat for interior spaces, swimming pools, hot tubs or saunas.
B.
The use of outdoor furnace/boiler units is prohibited within the Town of Perinton.
§ 208-20 Excavations for sand, gravel or topsoil.
§ 208-21 Filling of land and dumping of waste material.
[Amended 8-28-1991 by L.L. No. 6-1991]
A.
The use of stone, brick, building blocks, concrete, asphaltic concrete, gravel, fill dirt or topsoil, whether originating on the premises or elsewhere, for the purpose of filling to improve the existing grade and/or to improve the immediate front, side or rear yard areas of an existing structure or of a proposed structure for which a building permit has been issued, is hereby permitted in any district within the Town of Perinton, provided such material does not exceed 200 cubic yards in volume, and provided that a plan indicating the area to be filled, the material to be used, any drainage alterations or improvements and any other improvements associated with the filling is submitted and approved by the Commissioner of Public Works; or is in accordance with an approved subdivision or site plan. Filling of land in excess of the volume limitation above may be permitted upon site plan or subdivision approval by the Planning Board. No filling of Limited Development District (LDD) land shall be permitted except in accordance with an approved site plan or subdivision plan. Any area where such fill has been deposited shall, within a reasonable time, be covered with at least six inches of clean nondeleterious topsoil and seeded with a permanent pasture mixture or other fast-growing surface vegetation. Such restoration shall be maintained until growth has been established. "Reasonable time" as herein used shall be construed to mean no later than the end of the next natural growing season following the termination of said filling operation.
[Amended 4-10-2002 by L.L. No. 3-2002]
B.
The dumping of any material not expressly permitted in Subsection A of this section is hereby declared to be the dumping of waste material and is prohibited in all districts in the Town, except as provided for under a solid waste facility permit issued pursuant to this section.
C.
A solid waste facility permit for operations may be issued by the Zoning Board of Appeals within an Industrial Zone after a public hearing thereon. The applicant shall submit a copy of the application to the Conservation Board for comment. The issuance of such a permit shall permit the construction and operation of a solid waste facility; related office, laboratory and research and development facilities; excavation of topsoil, sand, gravel or other subsurface materials for use on site; and structures and uses as deemed incidental to any use permitted by the issuance of such permit, including but not limited to: garages, storage tanks, utility poles and lines, electric substations and generating facilities, pipelines and related facilities, provided that site plan approval is obtained from the Planning Board. The applicant must additionally secure permission and the appropriate permits from the State of New York Department of Environmental Conservation (DEC) to operate a solid waste facility.
D.
Solid waste facility permit.
(1)
The solid waste facility permit shall set forth the waste materials which shall be dumped on the site.
(2)
Before issuing a solid waste facility permit thereunder, the Zoning Board of Appeals shall find the following facts based on the evidence produced at the public hearing or submitted to the Board or upon personal observation by the members of said Board that:
(a)
The granting of such permit is in the public interest to establish environmentally sound facilities to dispose of and treat solid waste.
(b)
Adequate plans have been presented to show that the solid waste facility does not create a public hazard; that the solid waste facility does not unduly interfere with the quiet enjoyment of adjacent properties; and that sufficient precautions are to be taken to prevent fires or the creation and spread of smoke, odor, dust, fumes or noises liable to become a nuisance; and that when the operation is completed, the fill material or disturbed area will be covered with at least six inches of clean nondeleterious topsoil within a reasonable time thereafter and seeded with a permanent pasture mixture or other fast-growing surface vegetation and that such reseeding is continued until growth has been established.
(c)
Any excavation permitted under this section shall not occur unless all required Department of Environmental Conservation (DEC) permits or other DEC authorizations have been obtained, all operations are in compliance with all DEC regulations, the requirements of § 122-13 are satisfied and a bond is posted to ensure compliance with § 122-13.[1] The standards for restoration set forth in § 122-13 of the Excavation Law of the Town of Perinton, as may be amended from time to time, are incorporated herein by reference and shall apply to all properties under the jurisdiction of this section.
(3)
The Zoning Board of Appeals shall require as a condition for the issuance of such a permit that the applicant file with the Town a surety company bond in an amount to be fixed by the Board, conditioned upon the compliance of the applicant with the conditions fixed by the Board upon issuance of said permit, to ensure compliance with the provisions of this section. Said bond is to be enforceable by the Town for 15 years or five years after the completion of the restoration of the site, whichever shall come last.
(4)
Any such permit issued by the Zoning Board of Appeals shall expire no later than the fifth anniversary date following the issuance thereof and may be renewed under the same procedures required for the original permit.
(5)
Prior to issuance of a permit under this section, the applicant shall enter into a contract with the Town Board for the operation of the solid waste facility.
(6)
Any permit issued hereunder may be revoked after a hearing to be held upon 10 days' written notice to the holder of such permit, upon proof presented to the Zoning Board of Appeals that any condition of this section or the approval granted has not been complied with. However, any foregoing provision notwithstanding, such revocation of the permit shall not occur if the holder of the permit cures the noncompliance. In the event that the permit is revoked, the bond referred to in § 208-21D(2) shall be used for restoration of the site.
(7)
All uses permitted under a solid waste facility permit shall conform to bulk and setback restrictions as prescribed by the Zoning Board of Appeals, but in no event shall such restrictions be less restrictive than those described in § 208-40A(4) of this Code or any similar restrictions prescribed by the DEC by regulation or permit.
(8)
Amendments and additions to the solid waste facility permit shall be reviewed and presented to the Zoning Board of Appeals in the same manner as the original permit.
§ 208-22 Storage of materials.
No materials of any kind shall be stored in any district, except for the construction of structures to be actually erected upon the premises where such materials are stored within one year from the beginning of such storage and except for farm produce and farm machinery, unless a permit therefor shall be obtained from the Board of Appeals.
§ 208-23 Keeping of animals.
[Amended 8-28-2019 by L.L. No. 7-2019; 3-8-2023 by L.L. No. 1-2023]
A.
No animals shall be housed or kept on any nonfarm residential premises, except customary household pets, honeybees in accordance with § 208-23B, chickens in accordance with § 208-23C or animals that have been approved by special permit from the Zoning Board of Appeals in accordance with § 208-54. Such animals shall be housed in such a manner as not to create an annoyance to surrounding properties. Dogs housed on said premises are subject to the Dog Control Ordinance of the Town of Perinton[1] and all applicable state laws regulating and licensing animals.
B.
Honeybees may be kept on nonfarm single-family residential properties in accordance with the following:
(1)
A special use permit must be granted by the Zoning Board of Appeals in accordance with § 208-54.
(2)
No more than two colonies of honeybees shall be present on a property.
(3)
Apiaries shall be located in the rear yard, set back 15 feet from adjacent property lines.
(4)
Apiaries shall be bordered by a hedge, fence or flyway barrier along the nearest property line.
C.
Chickens may be kept on nonfarm single-family residential properties for the purpose of egg production, for personal use only, in accordance with the following:
(1)
A permit must be granted by the Building and Codes Department.
(2)
Properties are limited to a maximum of six female chickens on the premises at any given time.
(3)
Roosters are not permitted on nonfarm premises.
(4)
Chickens must be provided with an enclosed shelter/coop with walls on all four sides and a roof. Each chicken shall have at least four square feet of floor space. Said shelter/coop must be no larger than 120 square feet, be located in the rear yard and set back 30 feet from adjacent property lines.
(5)
Chickens must be provided with outdoor runway that is securely fenced or enclosed to protect the chickens from predators and to prevent them from leaving the premises. Each chicken shall have at least four square feet of runway space.
(6)
No chickens shall be kept in a cellar or any part of any dwelling or any building used for human occupation.
§ 208-24 Private swimming pools and other structural recreational facilities.
[Amended 10-13-1977 by L.L. No. 7-1977; 1-23-2002 by L.L. No. 1-2002; 7-26-2006 by L.L. No. 4-2006; 6-24-2009 by L.L. No. 1-2009; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
A.
Private swimming pools will be permitted in all residential districts, provided that there is an existing residence on said lot and the following regulations are complied with:
(1)
Fences. Outdoor swimming pools and filtering equipment located within three feet of the edge of a pool shall be entirely enclosed by an impassable fence extending from the ground to a height of not less than four feet nor more than six feet above the ground level. Such fence or enclosure shall be in compliance with the requirements of the New York State Uniform Fire Prevention and Building Code.
(2)
Setbacks. Outdoor swimming pools shall be located in the rear yard with the edge of water not closer than 15 feet to the side or rear property line.
(3)
Water supply. No permit shall be issued for such pool unless the applicant can show that there is a sufficient source of water supply to accommodate such pool without detriment to normal water consumption requirements and that all proposed water supply connections are proper and adequate. The water of such pools shall be maintained at all times in a sanitary condition in accordance with the bacterial standards of the Sanitary Code of the State of New York.
(4)
Drainage. No permit shall be issued for a swimming pool unless the applicant can show that the proposed drainage of such facility is adequate and will not interfere with the public water supply system, with existing sewerage or drainage facilities, with the property of others or with public highways. Pools may not be drained into septic systems. Draining of pool covers or pools so that they discharge water that creates a nuisance on adjoining property shall be a violation of this section.
(5)
Lighting. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties. Lighting shall consist of only sharp cut-off, down light fixtures that minimize light spread off the property. The distribution of light off the property shall be limited to 1/2 footcandle at the property boundary.
(6)
Overhead wiring. Service drop conductors and any other open overhead wiring shall not be permitted above the swimming pool or the area surrounding such facilities extending 10 feet horizontally from the pool or court edge, diving structures, observation stands, towers or platforms.
(7)
Compliance with other regulations. All applicable provisions of the Building Code and Sanitary Code of the State of New York and the Electrical Code and the Sewer Use Ordinance[1] of the Town shall be applicable to each swimming pool
(8)
Building permit. Plans must be approved and a permit issued by the Director of the Building and Codes Department prior to construction.
B.
Structural recreational facilities may be permitted in all residential districts upon issuance of a special permit by the Zoning Board of Appeals. Private swimming pools and hot tubs in compliance with Subsection A of this section are exempt from these requirements.
(1)
Setbacks. Structural recreational facilities shall be located in the rear yard and, other than private pools, shall be setback from the side or rear lot line 15 feet or consistent with the underlying zoning, whichever is greater.
(2)
Drainage. The creation of a structural recreational facility shall not have any effect on the drainage that leaves the property.
(3)
Lighting. No lights shall be erected, operated or maintained in connection with a structural recreational facility in such a manner as to create an annoyance to surrounding properties. Lighting shall consist of only sharp cut-off, down light fixtures that minimize light spread off the property. The distribution of light off the property shall be limited to 1/2 footcandle at the property boundary.
(4)
Fencing. Private tennis courts shall be entirely enclosed by an impassable fence extending from the ground to a height of not less than 10 feet above the ground level, with posts at intervals of not more than 12 feet, which posts shall be firmly installed and embedded in the ground, entirely surrounding the area in which the playing area is located, except that such fence may include one or more separate gates which shall be capable of being closed and locked to prevent access. Other structural recreational facilities may be required to be fenced, as determined by the Zoning Board of Appeals, based upon the type of use, the location and the potential to become an attractive nuisance to young children.
(5)
Overhead wiring. Service drop conductors and any other open overhead wiring shall not permitted above the structural recreational facility or the area surrounding such facilities extending 10 feet horizontally from the court edge, observation stands, towers or platforms.
(7)
Building permit. Plans must be approved and a permit issued by the Director of Building and Codes prior to construction.
§ 208-25 Buffer areas for certain abutting properties.
[Amended 2-12-1992 by L.L. No. 1-1992; 2-13-2013 by L.L. No. 1-2013]
A.
Where a lot containing public buildings or grounds or a lot in any Townhouse, Apartment, Restricted Business, Industrial or Commercial District abuts a lot in a Residential AA, A, B or C, Residential Transition 1-2-5, Residential 2-5 or Residential Sensitive District, the side and rear setbacks for such lot containing public buildings or grounds or such lot in a Townhouse, Apartment, Restricted Business, Industrial or Commercial District on said abutting line shall be bordered by a buffer area to be erected along said property line as part of site plan approval by the Planning Board.
B.
Where new residential development abuts property that has been utilized for agricultural production during the past year, a buffer shall be incorporated into the residential development that effectively limits access from residences to farm fields. Acceptable buffers may include natural features such as streams or tree plantings or fences. The Planning Board shall determine whether the proposed buffer is of sufficient size, width, height and/ or configuration to ensure that it would be effective in limiting access to farm fields from the new residential development.
§ 208-26 Exterior lighting and signs.
§ 208-27 Public building yard and area requirements.
The minimum width of a public building lot at the street line shall be 250 feet, the minimum area shall be 100,000 square feet, the minimum front setback shall be 100 feet, the minimum side and rear setback of all structures shall be 80 feet, and the minimum side and rear setback of all parking areas shall be 40 feet.
§ 208-28 Sidewalks.
[Added 10-13-1977 by L.L. No. 7-1977; amended 1-24-1979 by L.L. No. 1-1979; 7-8-1981 by L.L. No. 3-1981; 8-23-1989 by L.L. No. 4-1989; 5-12-1993 by L.L. No. 6-1993]
A.
Intent. The Town of Perinton recognizes the need to encourage and facilitate the development of a system of sidewalks for the safety of its residents along its collector and arterial streets.
B.
Requirements. Sidewalks or pedestrian ways shall be constructed and an easement for maintenance of such shall be provided along lands fronting both sides of collector or arterial street(s), as defined in Chapter 182, Subdivision of Land, within Pedestrian (PED) Zones as shown on the Town of Perinton's Official PED Map, adopted July 8, 1981, and as amended. A "PED Zone" is defined as land within a four-thousand-foot radius of the central point of a public school, public park or active commercial area. The central point shall be determined by the intersection of two roads or a driveway and a road. If the four-thousand-foot radius intersects any portion of a given property, then that lot in total becomes subject to sidewalk installation. Pedestrian zones may also be linear, with the bounds of the zones set forth on the Official Town of Perinton PED Map. The Planning Board may require the construction of sidewalks along streets not within PED Zones at its discretion, after considering the policies set forth in § 182-6 of this Code. Sidewalks defined under this section shall be constructed in conformance with the Design Criteria of the Town of Perinton. In cases where a sidewalk has been previously constructed by the Town, county or state along frontage proposed for development or subdivision approval, the applicant shall be required to make a contribution to the Sidewalk Fund as described in § 208-28E. The Planning Board may require a sidewalk contribution in lieu of construction when it determines that a constructed sidewalk will not connect with an existing sidewalk and that the contribution may be used to link or extend existing sidewalks within the Town.
[Amended 6-8-1994 by L.L. No. 2-1994; 6-27-2001 by L.L. No. 5-2001]
C.
Easements. On lands not within a designated PED Zone, fronting along a collector or arterial street(s), a sidewalk easement shall be provided to allow for possible future construction and maintenance of sidewalks.
D.
Waivers.
(1)
Contribution to Sidewalk Fund in place of sidewalk construction.
(a)
Sidewalk construction may be waived by the Planning Board and a contribution to the Sidewalk Fund shall be substituted in place of construction if any of the following apply:
[1]
The subject property is located within a PED Zone which contains fewer than 150 dwelling units.
[2]
The cost of sidewalk grading and construction exceeds 50% of the project cost, exclusive of sidewalks.
[3]
A major natural impediment, such as a steep slope, large tree, stream or wetland, exists along the frontage of the property.
[4]
There is no present linkage closely available to the existing sidewalk system.
[5]
A sidewalk has been previously constructed on the opposite side of the street and the Planning Board makes a determination that sidewalks are not warranted on both sides of the street at the present time.
(b)
In all cases where the aforementioned waiver has been granted, a sidewalk easement shall be provided, and a contribution to the Sidewalk Fund shall be required.
(2)
In a two-lot subdivision, the Planning Board may defer the construction of the sidewalk or contribution to the Sidewalk Fund for the lots until such time as the lots are further subdivided or developed.
(3)
Where a new collector street is proposed in a subdivision, the Planning Board may waive the construction of the sidewalk and the contribution to the Sidewalk Fund for one side of the street, where appropriate.
(4)
Construction of a sidewalk and contribution to the Sidewalk Fund may be waived by the Planning Board if the cost of sidewalk grading and construction exceeds 50% of the project cost, exclusive of sidewalks.
[Added 6-8-1994 by L.L. No. 2-1994]
(5)
Where a residential lot was created prior to the adoption of this section of the code, October 13, 1977, and such lot is not being subdivided, the maximum required contribution shall be based upon two hundred forty linear feet of frontage. An easement shall be granted for the entire width of the lot.
[Added 5-9-2001 by L.L. No. 4-2001]
E.
Sidewalk Fund. The Planning Board may accept payment of a dollar amount per linear foot, to be set by resolution of the Town Board, into a designated Sidewalk Fund for the linear frontage where construction has been waived. It is understood that said moneys will be used for sidewalk construction elsewhere in the Town or at such future time when sidewalks may be required, except that the Town would then be responsible for such construction as it can be scheduled.
§ 208-28.1 Customary home occupations.
[Added 3-8-2023 by L.L. No. 1-2023]
A.
Customary home occupations are permitted in all residential districts, provided that the following regulations are complied with:
(1)
The office or studio must be located in the dwelling in which the practitioner resides and does not occupy more than 30% of the total floor area of the residence.
(2)
Not more than one employee may be used.
(3)
No more than one customary home occupation shall be present on a property.
(4)
Any instruction given or professional services or care rendered shall be to one student, patient, client or customer at a time during the hours of 8:00 a.m. to 8:00 p.m. daily.
(5)
Off-street parking must be utilized for all students, patients, clients or customers on the premises.
B.
Permit required.
(1)
Permission to conduct such use must be secured by obtaining a building permit and certificate of occupancy from the Director of Building and Codes prior to commencement of business.
(2)
Expiration/revocation.
(a)
Once issued, the certificate of occupancy does not expire but shall become void upon cessation of said occupation for 60 days, or upon sale or transfer of said property. The certificate shall not transfer to another property.
(b)
The certificate may be revoked at the discretion of the Director of Building and Codes due to violations of the above sections and/or negative impacts to the surrounding properties.
C.
Special permit required.
(1)
Permission to conduct the following uses must be secured by special permit from the Board of Appeals after a public hearing. The Board of Appeals may determine if the use is appropriate on the subject property.
(a)
All uses not wholly conducted within the dwelling unit.
(b)
Landscaping, property maintenance or contracting where equipment is stored on the property.
(c)
Manufacturing (excluding food preparation), vehicle and equipment repair conducted entirely within an enclosed building.
(d)
Firearms- and ammunition-related uses.
§ 208-28.2 Cigar shops and cigar lounges.
[Added 11-6-2024 by L.L. No. 5-2024]
A.
Cigar shops. The following regulations are applicable to cigar shops:
(1)
Shall maintain on the premises and offer for sale a variety of cigars from not less than 10 manufacturers or importers or any combination thereof and have a walk-in humidor of at least 130 square feet in floor space;
(2)
Shall maintain a total inventory of at least 1,000 cigars; provided however, that any inventory which is depleted to less than 750 cigars must be replenished to at least 1,000 cigars within 15 days of the date that the town learns that the inventory has fallen below 750 cigars;
(3)
Shall not sell, or permit the on-site use of, cigarettes, cannabis, and vape products such as electronic smoking devices, component parts, vape or e-liquids, hookah products and other delivery systems such as glass pipes, bongs, water pipes or similar products.
B.
Cigar lounges. The following regulations are applicable to cigar lounges:
(1)
On-site consumption shall be exclusively for cigars. Consumption of cigarettes and other tobacco products, cannabis or vape products shall be prohibited.
(2)
Age restrictions. No one shall be allowed on the premises of a cigar lounge business unless the individual is 21 years of age or older.
(3)
Indoor operations. All business-related activities and cigar consumption shall be conducted wholly within an enclosed building.
(4)
Ventilation. Adequate mechanical ventilation shall be provided. The ventilation system shall assure that smoke from the cigar lounge is incapable of migrating into any other portion of the building hosting the cigar lounge or into any other building in the vicinity of the smoking lounge.
(5)
Loitering. The cigar lounge owner or operator shall prohibit loitering by persons outside the cigar lounge either on the premises or within 50 feet of the premises.
§ 208-28.3 Bed-and-breakfast establishments and short-term rentals.
[Added 11-6-2024 by L.L. No. 5-2024]
A.
Bed-and-breakfast establishments.
(1)
Permit required. Permission to conduct such use must be secured by special permit from the Board of Appeals after a public hearing, and a building permit and certificate of occupancy from the Building and Codes Department.
B.
Short-term rentals.
(1)
Short-term rentals, as defined by this code, shall be prohibited in all Apartment, Townhouse, Industrial, Planned Development District and residential zoning districts.
(2)
Permit required. Short-term rentals in a Restricted Business, Commercial or Mixed Use District must first obtain a building permit, certificate of occupancy and an operating permit.
(3)
Operational regulations. Permitted short-term rentals shall be operated in accordance with the short-term rental policy set by the Director of Building and Codes.
(4)
Revocation. The Director of Building & Codes shall have the authority to revoke the operating permit for a short-term rental deemed to be a habitual nuisance to neighboring properties and the community.