Town of Mendon, NY
Monroe County
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Table of Contents
Table of Contents

§ 200-7
Applicability of regulations. 

§ 200-8
Regulations applicable to all districts. 

§ 200-7 Applicability of regulations.

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

§ 200-8 Regulations applicable to all districts.

A. 

Start of construction shall not commence until the Town has given final subdivision or site plan approval and a subdivision map has been filed in the Monroe County Clerk's office if required. In special circumstances, the Town Board may grant approval for site preparation in advance of final approval upon application for permission to the Town Board and consultation with the Planning Board. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.

B. 

There shall be only one principal building or use on any lot.

C. 

Accessory buildings shall be subject to the following:

(1) 

No more than two accessory buildings may be located on any parcel containing less than two acres of land in a residential district.

(2) 

The construction of an accessory building may only be allowed when a principal building exists.

(3) 

The total area of all accessory buildings on any parcel of land in a residential district shall not exceed 1% of the total area of the lot.

(4) 

No accessory building in a residential district shall exceed 30 feet in height.

(5) 

No accessory building shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.

(6) 

These provisions shall not apply to agricultural buildings which are intended to be used for income-producing agricultural activities.

(7) 

The Code Enforcement Officer (CEO) may require accessory buildings to be fenced and/or buffered from adjacent properties, consistent with approved site development plans, in order to shield adjacent properties.

(8) 

An accessory building containing greater than 50 square feet in area and located in the front yard of the principal building on a site shall be subject to site plan approval by the Planning Board.

D. 

Accessory structures, including, but not limited to, a swimming pool, a fenced-in area for animal exercising such as a dog run, an area for horses, a ground-mounted satellite dish antenna, tennis courts, gazebo, windmill or hot tubs, shall be subject to the following:

(1) 

Accessory structures attached to a principal building shall comply with the setback requirements of this chapter (Article XVIII) for the principal building.

(2) 

The construction of accessory structures may only be allowed when a principal building exists.

(3) 

No accessory structure in a residential district shall exceed 30 feet in height.

(4) 

No accessory structure shall be closer to the street right-of-way line than the minimum front yard setback for the principal building.

(5) 

The CEO may require accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans.

E. 

Every principal building shall have access to a public street. Access may be either direct or by private road or drive approved by the Town. Access is to be owned by fee simple title and be a minimum of 100 feet wide per lot. Any accessway over 500 feet in length shall be improved to meet Town requirements. The maximum number of principal structures to be serviced by one private road or drive is four. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

F. 

Curb cuts and driveways may be located only upon approval by the Highway Superintendent or such other county and state authorities as required by law. Approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards. The edge of an improved driveway shall not be located closer than 10 feet to a property line unless such driveway is a common driveway with the adjoining property.

G. 

No property shall be used for the killing or slaughtering of domestic animals except animals raised on the property which are for the use of the residents of the property.

H. 

No front yard shall be used for the parking of boats, recreational vehicles, travel trailers or any other equipment for a period of more than 30 consecutive days. Such boats, recreational vehicles and travel trailers may be stored on the side or rear of the building, but not nearer than 10 feet to the rear or side lot line. All vehicles must be owned by the resident unless fully enclosed in a building.

I. 

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 and standards promulgated by the Town and 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. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Department of Health and submitted to the CEO prior to the start of construction. In addition, if the use of any lot or building involves a private water source, an adequate well shall be installed in accordance with regulations and standards imposed by the Monroe County Department of Public Health.

J. 

Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the Monroe County Department of Public Health and/or the New York State Department of Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. No manure, odor- or dust-producing substances shall be permitted to be stored within 200 feet of any lot line, unless such storage is part of accepted agricultural operations or practices and the land on which such storage is conducted is within an agricultural district established pursuant to the New York State Agriculture and Markets Law. No manure shall be stored within 200 feet of any drinking water source or stream corridor. Where manure is stored in connection with an agricultural operation, there shall be no drainage onto adjacent properties.

K. 

One unregistered motor vehicle being offered for sale may be parked on the premises of a principal residential structure. No more than five unregistered vehicles may be displayed or offered for sale on any premises during any twelve-month period. No vehicle shall be displayed or parked closer than 15 feet to any property line or road right-of-way.

L. 

Any structure substantially damaged by any cause as determined by the CEO shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required. Reconstruction must commence within six months of the date of damage and be completed within one year thereof.

M. 

No more than two antennas or satellite reception dishes are permitted on any lot in any district. A ground-mounted satellite reception dish is subject to the minimum setback requirements for a structure and must be located in the side or rear yard of the principal structure. A building permit must be obtained from the CEO prior to erecting a ground-mounted dish.

N. 

The dumping of refuse, waste material and other substances, excepting private composting of yard waste, is prohibited in all districts. However, filling to establish grades following the issuance of a permit by the CEO is allowed. Materials used as fill to establish grades shall consist solely of clean soil, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of topsoil within 14 days of application. Adequate ground cover shall be established within 60 days of application of the fill.

O. 

No dwelling shall be used to keep more than three dogs which are more than six months of age unless a special use permit has been issued.

P. 

The raising, harboring or housing of animals.

(1) 

The keeping of any hoofed animal or ratites shall require a minimum lot size of three acres. Additional lands must be provided according to the following schedule:

Number of Animals Minimum Acres
1 to 3 3
4 to 10 1 additional acre per animal
11 to 25 10, plus 2 additional acres per each animal over 10
Over 25 40, plus 4 additional acres for each animal over 25
(2) 

The keeping of more than six domesticated animals such as pigeons, rabbits, poultry, foxes, mink, skunks or any other fur-bearing animals shall require a minimum of three acres. One acre of additional land must be provided for each additional six animals or fraction thereof.

(3) 

Any structure housing up to five animals shall be located no closer than 100 feet to any property line. Any structure housing more than five such animals shall be located no closer than 150 feet to any property line.

Q. 

Uses prohibited in all districts. The following uses are prohibited in all districts:

(1) 

Dissemination of dust, smoke, observable gas or fumes, odor, noise and vibration beyond the immediate site of the building or buildings in which such use is conducted.

(2) 

The construction, erection or storage of outhouses and privies, such that waste is discharged directly into the ground.

(3) 

Airports or landing strips.

(4) 

Landfills.

(5) 

Commercial feed lots.

(6) 

Any use of land that results in the production of any unreasonably odorous smell or use that offends, interferes with or causes damage to the public in the exercise of rights common to all or endangers or injures the property, health, safety or comfort to any other persons.

(7) 

Potential menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.

(8) 

Discharge of airborne or waterborne wastes.

R. 

All berms constructed shall not exceed four feet in height above existing grade. In addition, no berm placed within the front yard portion of a lot that is located in the clear vision zones as defined elsewhere in the Town Code may exceed three feet in height. Also, no berm, hedge, bushes, fences or trees may be allowed closer to a thoroughfare or adjacent lot than the appropriate lot line of the subject parcel. Finally, hedges, bushes or trees that interfere with the line of sight shall not be erected or planted in a clear sight zone. Plantings shall not be allowed to grow into the road or street right-of-way in a manner that obstructs the line of sight for vehicles exiting the roadway.

S. 

All ponds, except stormwater management facilities, shall not be established any closer than 50 feet to any property line or any road right-of-way but must still be separated by 100 feet from any septic system. All pond designs must be approved by the New York State Department of Environmental Conservation or the Monroe County Soil and Water Conservation District or designed by a New York State licensed engineer.