The height limitations of this chapter shall
not apply to chimneys, flag poles, shortwave antennae, television
antennae, water towers, ventilators and towers or spires of churches,
provided that every portion of any such structure is at least as many
feet distant from the nearest adjoining property line as that portion
of the structure is in height measured from its base at the roof line.
Outdoor swimming pools shall be constructed
and maintained in conformity with the following regulations:
A. Swimming pools shall be deemed usual accessory uses.
B. Every swimming pool shall conform to applicable yard
limitations, but shall be exempt from coverage limitations, provided
that no filter or pump shall be closer than 20 feet to any side yard
line.
C. Each application for a building permit shall be accompanied
by a plot plan showing:
(1) Elevations with dimensions drawn to scale.
(2) Pool dimensions and volume in gallons.
(3) Type and size of filter system.
(4) Location of filtering system and motor.
D. Every pool shall be equipped with a filter system
approved by the County Health Department.
E. Swimming pool enclosures shall be constructed in accordance
with Part 720, Swimming Pool Enclosures, of the New York State Uniform
Fire Prevention and Building Code.
[Amended 6-4-1997 by L.L. No. 2-1997]
F. Lighting shall be directed away from abutting property.
Buildings shall be located only on lots adjacent
to public streets, or otherwise in conformity with the provisions
of § 280-a of the Town Law, and other improvements shall
be located so as not to interfere with fire protection, municipal
services and required parking facilities.
The front yard of any building in any district
shall contain a slope of not more than one foot vertical drop for
each two feet of horizontal distance, measured at right angles to
the center line of the road between the edge of the drive strip or
drainage ditch and the ground elevation at the front building line.
A retaining wall or structure designed or approved by a licensed professional
engineer or by an architect may be substituted for the requirements
of this section, provided that the required front yard depth is maintained.
No fence, wall, hedge, planting or other structure
more than 26 inches in height above the center line grade of either
adjacent street shall be erected, placed or maintained within the
triangular area formed by intersecting street lines and a straight
line joining each street line at points 25 feet distant from their
intersection, except shade trees which do not obstruct visibility.
[Amended 8-4-1993 by L.L. No. 4-1993; 6-4-1997 by L.L. No.
2-1997]
Subject to the limitations of §
150-30, fences, walls and hedges are permitted along any lot line and within any required yard, provided that no fence, wall or hedge shall exceed 36 inches in height when located in a front yard or in any yard bounded by a street, with the exception of junkyards.
[Amended 8-4-1993 by L.L. No. 4-1993; 6-4-1997 by L.L. No.
2-1997; 7-7-2021 by L.L. No. 4-2021]
A. For the purposes of the following subsections:
MAJOR RECREATIONAL VEHICLE
Includes travel trailers, fifth wheel trailers, coaches (designed
to be mounted on a truck or automobile chassis), motorized dwellings,
pop-up trailers and pickup campers.
RECREATIONAL EQUIPMENT
Includes boats, boat trailers, horse trailers, and other
similar equipment and appurtenances.
RESIDENTIAL PURPOSES
Purposes normally or otherwise reasonably associated with
the use of land primarily for human habitation, including a dwelling
house.
B. No recreational equipment or major recreational vehicle shall be
parked or stored on any lot between any street and the nearest building
line in any district, except in a driveway; provided, however, that
such equipment may be parked anywhere on residential premises for
purposes of loading or unloading for not more than 24 hours. Nothing
herein should be construed to prohibit property owners from habitually
parking recreational equipment and major recreational vehicles on
their property, when not used for residential purposes, subject to
the requirements of this section.
C. Major recreational vehicles cannot be used for residential purposes,
only as temporary habitats. The following are definitions for the
use of major recreational vehicles:
(1) Temporary stay of a major recreational vehicle:
(b)
Permitted in all zoning districts.
(c)
Only a two-week stay is permitted for a major recreational vehicle.
If an existing major recreational vehicle is replaced with another
major recreational vehicle, it can remain there for another two weeks.
(d)
The major recreational vehicle cannot be moved off property
and returned within a two-month period.
(e)
The major recreational vehicle cannot be parked and used as
a temporary stay on any street or road.
(f)
Temporary stays are allowed during the months of April through
October only.
(g)
No generator shall be used to supply power to any recreational
equipment or major recreational vehicles.
(2) Seasonal usage of a major recreational vehicle:
(a)
A major recreational vehicle that is used for seasonal usage
is allowed from April through October.
(b)
An initial $100 permit fee will be required; each additional
year there will be a $25 renewal.
(c)
A major recreational vehicle will only be permitted in the Town's
Ag-R-A Zoning District on a parcel with a minimum size of 1.5 acres.
(d)
The major RV will be considered a temporary accessory structure;
a drawing showing required setbacks for the zoning district will be
required at the time of the initial application.
(e)
Only one seasonal and one temporary major recreational vehicle
is permitted per parcel. No major recreational vehicle can be on a
parcel that has an uninhabitable dwelling on it.
(f)
The major recreational vehicle must meet all Broome County Health
Department sanitary requirements.
(g)
No generator shall be used to supply power to any recreational
equipment or major recreational vehicle.
(h)
At the end of the season, the vehicle must be taken out of use
and removed from the property.
[Amended 8-4-1993 by L.L. No. 4-1993; 4-5-1995 by L.L. No.
1-1995; 6-7-1995 by L.L. No. 5-1995; 6-4-1997 by L.L. No.
2-1997; 10-1-1997 by L.L. No. 6-1997]
Not more than one motor vehicle or trailer of
any kind or type while unregistered for operation on the public highways
shall be parked or stored on any property other than in a completely
enclosed building. For the purposes of this section, one or more adjoining
parcels of land under common ownership, when functionally utilized
by the owner or owners thereof as one lot of land, shall be considered
a single property. This provision shall apply to all unregistered
motor vehicles, whether or not said motor vehicles are stored upon
a licensed trailer or other means of conveyance. This section shall
not apply to licensed truck or automobile repair shops; provided,
however, that any such shop shall obtain the approval of the Planning
Board prior to parking or storing more than one such vehicle. The
Planning Board shall have the power to impose such conditions as it
deems necessary to protect the public interest.
No vacant lot shall be improved for other than residential purposes, except pursuant to a storm drainage plan prepared by a licensed civil or professional engineer and certified as sufficient to provide for adequate, proper and safe stormwater drainage and in conformity with any Town storm drainage plan, unless such proposed improvement is made pursuant to site plan approval under §
150-47.
[Amended 6-4-1997 by L.L. No. 2-1997]
No cellar shall be used as a dwelling for human
habitation, unless the same shall constitute part of a completed building
containing at least one story.
[Amended 12-6-1978 by L.L. No. 1-1978]
A. General limitation. Mobile homes shall not be located in the Town,
except as provided in this section.
[Amended 6-4-2014 by L.L. No. 5-2014]
B. Exceptions.
[Amended 5-6-1981 by L.L. No. 1-1981]
(1) Any site upon which a mobile home was located on May
1, 1978, as shown on the Town assessment records, may continue to
be used as a mobile home site, notwithstanding that it may be located
in a zone where mobile homes are not permitted, provided that:
(a)
The use of such site for location of a mobile
home is continuous after May 1, 1978; and
(b)
All other applicable provisions of this chapter
are complied with. For purposes of this exception, a mobile home shall
be treated as an improvement to real property and subject to the provisions
of this chapter relating to nonconforming uses.
(2) Notwithstanding any other provisions of this chapter,
a mobile home shall be permitted as a temporary residence on any land
within the Town of Fenton where a residence has been destroyed by
fire, explosion, flood, wind or other natural disaster, upon issuance
of a special permit by the Board of Appeals. A permit may be issued
only by finding that the location of the mobile home will not be detrimental
to the public interest or welfare, and it shall be issued under such
conditions and for such period of time as the Board, in its discretion,
shall determine. The duration of such permit shall not exceed one
year, but it may be renewed for an additional one-year period upon
application to the Board of Appeals.
[Added 5-4-1988 by L.L. No. 2-1988]
In conducting site plan review pursuant to §
150-47 of this chapter, the Planning Board may reduce any minimum area requirement in any district by an amount not exceeding 10% when such variation would, in the Planning Board's opinion, be consistent with the intent of §
150-47 to protect property in the same or in an adjoining district.
[Added 5-11-2016 by L.L.
No. 2-2016]
Junkyards and motor vehicle scrap facilities, as defined in
this chapter, shall not be permitted uses in any zoning district of
the Town of Fenton.