Spencerport City Zoning Code
ARTICLE V
Supplementary Regulations
§ 340-28 Animals.
In addition to the provisions of Chapter 115 of the Code of the Village of Spencerport, in all districts, no lot/parcel may be used or occupied and no structure may be erected, maintained or used for the raising or harboring of pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink, skunks or other fur-bearing animals.
A.
Notwithstanding the foregoing, nothing herein contained shall prohibit the raising or harboring of farm animals or poultry on any farm within the Village of Spencerport within the definition of the term "farm."
§ 340-29 Off-street parking.
A.
Unless otherwise provided in this chapter, the following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which, after the date when this chapter becomes effective, is erected, enlarged or altered for use for any of the following purposes:
(1)
Dwelling unit: at least two parking spaces for each dwelling in the building or buildings in all R and B Districts.
(2)
The front yard setback in R1, R2 and R3 Districts shall not be used for open-air storage of trailers, boats or motor vehicles of any type.
(3)
Bowling alley: six spaces per lane, plus one space for every two employees.
(4)
Theater or church: one space for every four seats or one space for every eight feet of bench.
(5)
Retail stores: one space for every 250 square feet of gross floor area.
(6)
Supermarkets and plazas: one space for every 250 square feet of gross floor area.
(7)
Banks and office: one space for every 200 square feet of gross floor area, plus one space for every two employees.
(8)
Medical/dental: one space for every 200 square feet of gross floor area, plus one for every two employees.
(9)
Restaurant: one space per table or 1/200 square feet of gross floor area or one space for every four seats.
(10)
Automobile service: one space per gas pump, plus two spaces for each service bay.
(11)
Service or repair shop: one space for every 400 square feet of gross floor area.
(12)
Industrial: one space for every 400 square feet of gross floor area or one per employee.
(13)
Preschool/nursery: two spaces per teacher, plus one space for every five clients.
(14)
Hotel/motel: one space per room, plus one space for every two employees.
(15)
The above requirements are for the actual use of the property, not the zoning district it is in.
(16)
Where alternatives are implied or expressed, the formula which yields the higher number of spaces shall be used.
B.
All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Board of Appeals may permit the parking spaces to be on any lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.
C.
Except in designated areas, vehicles may be parked in Village-maintained parking lots for a maximum of 10 hours in any twenty-four-hour period.
(1)
For the purpose of this limitation, time parked in one or more Village-owned or -leased lots shall be cumulative over a twenty-four-hour period, and combined total time shall not exceed 10 hours.
D.
(Reserved)
§ 340-30 Dumping grounds.
Dumping refuse, garbage and other substances is prohibited in all districts in the Village of Spencerport except on Village-owned land which is so designated.
§ 340-31 Nonconforming uses.
A.
The lawful use of any building or land existing at the time of the enactment of this chapter or amendment thereto may be continued although such use does not conform with the provisions of this chapter.
B.
A nonconforming use shall not be enlarged and the buildings or premises shall not be reconstructed or structurally altered without the issuance of a permit by the Zoning Board of Appeals and unless the altered or enlarged portion shall be changed to a conforming use.
C.
No building damaged by other than an intentional act by the owner or tenant to the extent of more than 50% of its true value shall be repaired or rebuilt, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the replacement of any structural member to ensure the safety of a building. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. No nonconforming use shall be extended to displace a conforming use.
§ 340-32 Fences.
A.
Fences in residential districts.
(1)
Any fence in a residential district shall be of ornamental stone or open construction, such as ornamental iron, picket (iron or wood) or hedge, and shall not exceed three feet in height if erected at any point on the lot nearer the street than the front yard setback provided in this chapter and shall not exceed four feet in height if erected elsewhere on the lot.
(2)
No fence shall be constructed of barbed wire, single-strand wire, or be electrified or otherwise constitute a danger to the public within the Village limits.
(3)
On corner lots, fences on the side yard may be four feet high. On the side yards on corner lots and the back yards on other lots, trees, bushes and shrubs may be planted as a fence or barrier, and the four-foot height restriction shall not apply. They shall not be planted closer to the street than 20 feet.
(4)
Privacy fences.
(a)
A "privacy fence" is defined as a decorative fence constructed of solid material such as wood, vinyl or other material that obscures view and provides privacy from without.
(b)
Any privacy fence must be located to the rear of the front line setback and not nearer to a sideline or rear line than the required sideline or rear line setback and shall not exceed six feet in height.
(c)
Height provisions and open construction provisions contained in Subsection A(1) above shall not apply to privacy fences.
(d)
It shall be the owner's responsibility to see that the privacy fence is located inside the owner's property line and to make provisions for maintenance of both sides of the fence. The owner is encouraged to discuss the placement of the fence with his or her attorney prior to placement to prevent any title issues arising from the location of the fence.
(5)
The finished or decorative side of a fence shall face away from the owner's yard.
B.
Fences in nonresidential districts.
(1)
Fences in nonresidential districts shall not be erected without a special permit from the Zoning Board of Appeals. The Board shall determine that the fence shall be arranged so as not to interfere with the uses of other property.
(2)
In addition to the provisions of Article IX, which shall apply in any application for a special permit hereunder, the Board shall consider, among others, the height of the proposed fence, the location of the proposed fence, the effect that the proposed fence will have on vehicular and pedestrian passage, safety and welfare and the effect that the proposed fence will have on architectural continuity in the district.
§ 340-33 Annexations.
A petition for the annexation of lands to the Village of Spencerport may contain a provision designating the classification of use districts in which such lands shall be established, and such designation may be accepted by the Village Board if it so desires, and such lands thereafter shall be subject to the regulations of the designated use district or districts. Notwithstanding any of the provisions of this section, land annexed to the Village of Spencerport shall be classified the same as land immediately adjoining thereto in the absence of any specific designation to the contrary. After annexation, the Village Board may at any time, in the same manner as provided in the Village Law, change or reclassify the use districts and any provisions applicable to the lands annexed.
§ 340-34 Public properties and utilities.
Nothing in this chapter shall restrict the construction, use or maintenance of Village buildings or Village-owned properties used by the Village for Village purposes or the maintenance of such public utilities, whether owned by the Village or otherwise, as may be required to service any district. Nothing in this chapter shall restrict the use or maintenance of any public dump or incinerator operated by the Village for Village residents.
§ 340-35 Excavations.
An open excavation shall not be allowed or maintained except those made for the erection of a building or structure for which a building permit has been granted. In the event that a building permit has been granted, no open excavation shall be allowed to remain open for more than three months.
§ 340-36 House trailers.
House trailers shall not be used as residences unless a permit is granted by the Zoning Board of Appeals, and house trailers shall not be stored in A Districts without a permit granted under such conditions as the Zoning Board of Appeals shall determine, pursuant to Article IX.
§ 340-37 Visibility at intersections.
On a corner lot in any residence district, no fence, wall, hedge or other structural planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line between such street lines at a point which is 35 feet distant from the point of intersection measured along said street lines at the curb.
§ 340-38 Property address numbering.
A.
All principal structures located within any residential, commercial or industrial zoning district shall have or display at least one set of street numbers assigned to it. Numbers must be prominently displayed on the front of said structure. All stores and businesses shall have the numbers displayed at the main entrance.
B.
All numbers shall be Arabic numerals or alphabet letters in design, with a minimum of four inches in height with a minimum stroke width of 0.5 inch, and shall sharply contrast in color from the structure. All numbers must be visible from the street away from shrubs, fences, trees, poles, etc. Script design shall be allowed only if it is in addition to the Arabic numbers.
C.
In the case of new construction, no temporary or final certificates of occupancy will be issued until the Code Enforcement Officer verifies that such street numbers have been properly installed. Furthermore, no inspection for new construction will be provided until the developer installs the lot number in a prominent location on the site, prior to construction.
D.
The absence of address numbers or the insecure fastening or absence of any whole number thereof or the use of any number not properly assigned by the Village or its failure to meet visibility requirements shall be considered to be in violation of this article.
E.
Any structure having street numbers that are Arabic in design, logical in sequence, are visible from the nearest public street, a minimum of four inches in height and of contrasting colors as of the effective date of this section shall be deemed to be in substantial compliance with this section.
F.
Address numbers on mailboxes are not acceptable as a substitute for the above regulations.
G.
The Village Code Enforcement Officer is hereby authorized to grant exemptions from the number size requirement of this section where public safety is not adversely impacted.