Any restrictions or requirements with respect
to buildings or land, or both, which appear in other ordinances of
the Village of Fairport or are established by law and which are greater
than those set forth herein shall take precedence over those herein;
otherwise, the provisions of this chapter shall apply.
No building shall be hereafter 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 uses in each zone
by this chapter and meeting the requirements set forth in the schedule,
nor shall any open space contiguous to any building be encroached
upon or reduced in any manner, except in conformity with the area
and bulk requirements, off-street parking requirements and all other
regulations designated in the schedule and this chapter for the zone
district in which such building or space is located. In the event
of any such unlawful encroachment or reduction, such building or such
use shall be deemed to be in violation of this chapter and the certificate
of occupancy shall become void.
A.
Undersized lots of record. Any parcel of land with
an area or width less than that prescribed for a lot in the zone in
which such lot is located, which parcel was under one ownership at
the date of the adoption of this chapter and the owner thereof owns
no adjoining land, may be used as a lot for any purpose permitted
in the zone, provided that the minimum area requirements for such
lot shall be 5,000 square feet of lot size and 40 feet of lot width;
further provided that the minimum side yard area for any building
shall be no less than five feet; and further provided that all other
regulations prescribed for the zone by this chapter are complied with.
B.
Height. The height limitations of this chapter shall
not apply to church spires, belfries, cupolas and domes not used for
human occupancy, nor to chimneys, ventilators, skylights, water tanks,
similar features and necessary mechanical appurtenances usually carried
above the roofline. Such features, however, shall be erected only
to such height as is necessary to accomplish the purpose they are
to serve. The provisions of this chapter shall not apply to prevent
the erection above the building height limit of a parapet wall or
cornice for ornamentation (and without windows) extending above such
height limit not more than five feet. Public and quasi-public buildings,
schools, churches and other similar permitted uses shall increase
the front, rear and side yards by one foot for each foot by which
such building exceeds the height limit herein established for such
zone in which it is located, and further provided that in no case
shall any building have a height greater than 50 feet, unless explicitly
permitted by the schedule of this chapter.
C.
Irregularly shaped lots. In the case of irregularly
shaped lots, the minimum lot width specified on the schedule may be
measured at the rear lines of the required front yard, provided that
in no case shall the lot frontage measured at the street right-of-way
line be less than 50% of the minimum lot width requirement.
No structure shall be built within 50 feet of
the bed of a stream. No building shall be constructed on land subject
to periodic overflow or on land which has an average water table within
two feet of the ground surface. No person, firm or corporation shall
strip, excavate or otherwise remove topsoil for sale or other use
other than on the premises from which taken, except in connection
with the construction or alteration of a building on such premises
and excavating or grading incidental thereto, or except as hereinafter
specified. Existing natural features, such as trees, brooks, drainage
channels and views, shall be retained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required wherever possible at the discretion of the Planning Board.
[Amended 11-10-1997 by L.L. No. 4-1997]
The dumping of refuse, waste material or other
substances is prohibited in all districts within the Village. Only
inorganic matter may be used for the purpose of fill in order to establish
grades, and a permit must be obtained by the owner from the Board
of Trustees prior to such action.
[Amended 12-13-1993 by L.L. No. 4-1993]
Subject to the provisions of Chapter 347, Outdoor Storage, no person shall store materials of any kind on the premises in any district, except for the construction of a structure to be erected on the premises upon which the materials are stored for a period of one year from the date of the commencement of such storage, unless a permit is granted therefor by the Board of Trustees.
[Amended 11-10-1997 by L.L. No. 4-1997]
For all use districts, electrical and other
utility services shall be constructed underground unless specifically
exempted by Fairport Municipal Commission staff.
A.
No lot in a residential zoning district shall have
erected upon it more than one residential dwelling building, except
in the R -E Residential district.
[Amended 11-10-1997 by L.L. No. 4-1997; 7-12-2021 by L.L. No. 6-2021]
B.
All lots requiring reverse frontage shall have an
additional 25 feet of depth above the requirements of this chapter.
This twenty-five-foot depth will be planted by the developer in evergreen
trees and shrubs so as to provide a visual screen at least six feet
in height and covering 50% of the frontage of the property by the
end of two growing seasons.
C.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Village's requirements or for which such improvements have been insured by the posting of a performance guaranty pursuant to Chapter 455, Subdivision of Land, of the Code of the Village of Fairport.
D.
Where a building lot has frontage on a street which
the Development Plan or the Official Map of the Village indicates
is proposed for right-of-way widening, the required front yard area
shall be measured from such proposed right-of-way line.[1]
E.
Business structures or uses shall not display goods
for sale purposes or coin-operated vending machines of any type in
any location which would infringe upon the required yard areas specified
in this chapter.
F.
All yards, open spaces, off-street parking and required
landscaping must be contained within the zone in which such use is
permitted.
G.
On any corner lot, no wall or fence, hedge, tree,
shrub or other growth shall be maintained which may cause danger to
traffic on a street by obscuring the view.
H.
Whenever any street, alley or other public way is
vacated by official action of the Board of Trustees, the zoning district
shall be automatically extended to the center of such vacated public
way, and all areas included in the vacated area in question shall
be subject to all appropriate regulations of the extended district.
I.
Accessory buildings shall not be permitted in any
required front yard, as herein defined.
J.
When a lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any of the provisions of this chapter, either with
respect to any existing structures or use or to any proposed structures
or use.
K.
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities, such as pumping stations, repeater stations and electric substations, which require a structure above grade shall be subject to the provisions of this chapter with respect to other uses requiring a special use permit application, as indicated in each of the respective districts and subject to Article IX, § 550-52, of this chapter.
L.
An accessory building attached to a principal building
shall comply in all respects with the yard requirements of this chapter
of the principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building and,
if located in a side yard area, shall conform to side yard requirements
of the schedule.[2]
[2]
Editor's Note: See the Schedule of Lot, Yard
and Bulk Requirements at the end of this chapter.
M.
Any use not specifically permitted in a zoning district
established by this chapter is hereby expressly prohibited from that
district, and further provided that the following uses and activities
shall be specifically prohibited in any zone in the Village of Fairport:
(1)
Auction markets.
(2)
Miniature golf courses, golf driving ranges and similar
outdoor commercial recreation facilities.
(3)
Junkyards, automobile wrecking or disassembly yards
and the sorting or baling of scrap or waste material.
(4)
Trailer courts or trailer coaches used as a dwelling
or commercial activities related to the outdoor storage or display
of trailer coaches.
(5)
Privately operated dumps for the disposal of garbage,
trash, junk, refuse and similar materials.
(6)
Seasonal resort cottages.
(7)
Any use of any building or premises in such a manner
that the health, morals, safety or welfare of the community may be
endangered.
(8)
Any use which emits excessive and objectionable amounts
of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
N.
Every projection from or in front of any building
in, over or upon any street or sidewalk in the Village of Fairport
hereafter constructed shall be made to rest entirely upon supports
from the building from which it shall project, clear of the sidewalk
and street, or be constructed in a manner approved in writing by the
Board of Trustees, and the lowest part of said project shall not be
less than 10 feet from the sidewalk and street nor project more than
eight feet from the inside line of the street and sidewalk. All such
projects now or hereinafter constructed of wood or metal, or both,
shall be made and maintained watertight and be provided with suitable
troughs or gutters and conductors of sufficient capacity to convey
the water entirely away from any sidewalk.
