A.
Landscaping.
(1)
Landscaping consisting of attractive trees, shrubs,
plants and grass lawns shall be required and planted in accordance
with the site plans. A special buffer planting shall be provided along
the side and rear property lines so as to provide protection to adjacent
properties when such lot lines abut residential zones or uses.
(2)
In addition to such buffer planting, the owner of
the commercial property shall erect on the buffer area a fence of
at least four feet in height for the purpose of protecting the residential
property from litter, debris, light glare and such other nuisances
that would disturb peaceful possession. Such fence shall be a closed-post-picket
solid fence containing no more than 25% open space. The responsibility
of maintenance of the commercial property referred to herein shall
be joint and/or shared between the owner of the property and any other
tenants who are in possession thereof.
B.
Fences.
[Amended 11-10-1997 by L.L. No. 4-1997; 4-9-2001 by L.L. No. 3-2001]
(1)
Fences may be erected in any district, subject to
the provisions of this chapter, and upon issuance of a permit therefor
by the Zoning Officer. The Zoning Officer shall issue a permit for
the erection or construction of a fence upon receipt of a written
application accompanied by a scale map or drawing showing the proposed
fence and its construction, height, length and appearance, evidencing
compliance herewith.
(a)
No fence shall be constructed, established or
built in excess of six feet in height; except, however, fences not
exceeding 16 feet in length in any direction constructed or erected
not closer than 10 feet to any lot line. Such fences shall not be
built or established in excess of seven feet.
(b)
The following fences and fencing materials are
specifically prohibited at any location on the lot upon which a dwelling
or structure is situated: barbed-wire fences, sharp-pointed fences,
electrically charged fences, temporary fences, such as snow fences,
expandable fences and collapsible fences.
(c)
Every fence shall be maintained in a safe, sound
and upright condition and in accordance with the approved plan on
file with the Zoning Officer.
(d)
All fences must be erected within the property
lines. No fence shall be erected, repaired or replaced so as to encroach
upon a public right-of-way or to be closer than three feet to a sidewalk.
Where there is no public sidewalk, the fence shall be erected or constructed
a minimum of 12 feet from the street edge.
(e)
These restrictions shall not be applied so as
to restrict the erection of a wall for the purpose of retaining earth.
(f)
No person shall, by the erection of any fence
within the Village pursuant to the terms of this chapter or otherwise,
acquire thereby any easement or other interest in or servitude upon
any presently existing easement, right-of-way or other proprietary
right or interest of the Fairport Municipal Commission, and the publication
of this chapter shall and hereby does constitute notice of the Commission's
rights-of-way or other proprietary interest, and any such right, title
or interest which it may acquire in the future, free from any prescriptive
encroachments in the form of fences erected pursuant to this chapter.
(g)
All swimming pools shall be surrounded by a
substantial impassable fence at least four feet high, each entrance
to which, whether gate or door, shall be equipped with a self-closing
and self-latching device, All such gates or doors shall be kept closed
and locked when the pool is not in use. A wall or walls or a building,
including the wall or walls of the swimming pool, if at least four
feet high, may be used in place of said fencing. The step area must
be removable or fenced in like manner to the foregoing, and the filter
and accessory equipment must also be fenced in accordance with the
foregoing. The fence may be constructed at the lot line, provided
that all other requirements of this chapter are met.
(2)
Permitted front yard fences. The following fences
may be erected in a front yard:
[Added 11-13-2018 by L.L.
No. 6-2018]
A front porch shall be allowed on preexisting, nonconforming
single- and two-family residential properties in residential zoning
districts, subject to the following regulations:
A.
Front setback. Front porches may be constructed no closer than 10
feet from the right-of-way.
B.
Maximum depth. Front porches that do not meet the minimum front setback
for the zoning district cannot exceed eight feet in depth.
C.
Stairs. Stairs leading to a front porch must be set back at least
five feet from the right-of-way. Stairs must be constructed to the
minimum allowance of the Uniform Building Code.
D.
Side setbacks. Front porches shall not be constructed closer to the
side setback than the existing home and shall in no event encroach
closer than five feet to the side lot line.
E.
Roof required. A front porch must be covered by a roof.
F.
Corner lots. Houses on corner lots may have a front porch in the
front yard. Said porch may meet the setback requirements allowed in
this section, provided that said porch does not extend further than
a line connecting the adjacent streets drawn at a forty-five-degree
angle past any corner of the house facing said streets, as shown on
Figure 550E.
 |
G.
Variances. Porches on one- and two-family homes in nonresidential
districts shall be reviewed by the Zoning Board of Appeals as area
variances, not use variances. Porches on nonconforming two-family
homes in residential districts unable to meet the criteria in this
section shall be reviewed by the Zoning Board of Appeals as area variances,
not use variances.
A.
Off-street parking provisions and standards.
(1)
Off-street parking space shall be provided as further
specified in this chapter and shall be furnished with necessary passageways
and driveways. All such space shall be deemed to be required space
on the lot on which it is situated and shall not be encroached upon
or reduced in any manner. All parking areas, passageways and driveways
shall be surfaced with asphalt, concrete, brick or similar dustless,
durable, all-weather pavement, clearly marked for car spaces, and
shall be adequately drained, all subject to the approval of the Village
Engineer.
[Amended 11-10-1997 by L.L. No. 4-1997]
(2)
Subject to conditions of § 550-74B(6) and (8), none of the off-street parking or buffer facilities that are required in this chapter shall be required for any building or use existing on the date of adoption hereof, provided that if any said building is enlarged or if the use or occupancy thereof, in whole or in part, is expanded, altered or changed, the provisions of this chapter shall apply to such increased portion of the building or to the expanded, altered or changed use or occupancy and, to the extent found practicable during any required site plan review before the Planning Board, to the remaining portion of the land or building affected.
(3)
A site plan shall be filed with the zoning permit
application where off-street parking facilities are required or permitted,
under the provisions of this chapter, in connection with the use or
uses for which application is being made. A guaranty in either bond
or escrow must be posted with the Village to cover costs of improvements
to off-street parking as estimated by the Village Engineer.
(4)
Driveways
shall have a ten-foot setback from any street or property line excepting
the street or property line at the terminus of the driveway.
[Added 5-10-2010 by L.L.
No. 1-2010]
(5)
Parking areas or turnarounds, other than those authorized pursuant to Chapter 347, Outdoor Storage, may be located in any zoning district subject to the following:
(a)
All parking areas and turnarounds shall have
a ten-foot setback from any street or property line.
(b)
Except as provided herein, no parking area may be located in the front yard in residential districts, as classified in § 550-5 hereof. In residential districts, parking areas may be executed as either:
[1]
An area located in front and to the side of
a garage, measuring no more than eight feet by 30 feet, exclusive
of the access apron, as depicted in Sketch A in the attached schedule;[2] or
[2]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
[2]
An area located immediately adjacent to the
garage, no wider than 10 feet and no longer than the length of the
garage, exclusive of the access apron, as depicted in Sketch B in
the attached schedule.[3]
[3]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
(c)
Except as provided herein, no turnaround may be located in the front yard in residential districts, as classified in § 550-5 hereof. In residential districts, turnarounds may be executed as an area, no longer than 10 feet and no wider than eight feet, extending from the driveway on the side opposite the principal residence on the lot, as depicted in Sketch C in the attached schedule.[4]
[4]
Editor's Note: The Schedule of Parking Areas and Turnarounds is included at the end of this chapter.
(d)
Parking areas or turnarounds may be located
in any yard area of the NB, B-1 and M-1 Districts.
[1]
Editor's Note: This local law also stated
that if any of its provisions were inconsistent with Article 7 of
the Village Law, the Uniform Sign Law of the Village of Fairport,
or any other statute or local law, this local law shall prevail.
(6)
The collective provision of off-street parking area
by two or more buildings or uses located on adjacent lots is permitted,
provided that the total of such facilities shall not be less than
the sum required of the various buildings or uses computed separately,
and further provided that the land upon which the collective facilities
are located is owned or leased by one or more of the collective users.
Joint parking, as defined herein, is encouraged. This provision shall
be restricted to commercial and industrial uses.
[Amended 11-10-1997 by L.L. No. 4-1997]
(7)
Only passenger vehicles and pickup, panel and van
trucks, not exceeding one ton in load capacity, may be parked on open
driveways in residential districts. The parking of any display vehicle
or trailer device for commercial purposes on open driveways in residential
districts is prohibited, except only that moving vans or other commercial
vehicles used in the performance of an expressed service for a particular
resident in a residential district may park for a period not to exceed
24 consecutive hours.
[Amended 11-10-1997 by L.L. No. 4-1997]
(8)
Not more than two driveways, of not less than 20 feet
nor more than 30 feet in width, used as a means of ingress and egress
for nonresidential off-street parking areas, shall be submitted for
each 200 feet of frontage on a public street, nor shall any driveway
be located closer than 50 feet to the intersection of two public streets.
(9)
When a parking area for four or more vehicles adjoins
a residential area, a planted buffer strip at least 10 feet wide shall
be provided between the parking area and the adjoining property.
(10)
All parking areas and appurtenant passageways
and driveways serving commercial uses shall be illuminated adequately
during the hours between sunset and sunrise when the use is in operation.
Adequate shielding shall be provided by commercial users to protect
adjacent residential zones from the glare of such illumination and
from that of automobile headlights.
(11)
Off-street parking areas located in commercial
zones and which provide parking for 20 or more vehicles shall be provided
with shade trees of a type approved by the Village Engineer. The shade
trees shall be located in a planned manner within the parking lot
area in a quantity equal to not fewer than one shade tree for every
10 parking spaces.
B.
Required off-street parking spaces are as follows:
(1)
One-family detached dwellings: two parking spaces
per dwelling unit; two-family and multifamily dwellings: two parking
spaces per dwelling unit.
[Amended 11-10-1997 by L.L. No. 4-1997]
(2)
Personal grooming shops: two spaces per chair, plus
one additional space for each employee, but in no case less than four
per 1,000 square feet of gross floor area.
[Amended 11-10-1997 by L.L. No. 4-1997]
(3)
Banks, financial and business offices and professional
offices: one parking space for every 300 square feet of net floor
area or major fraction thereof.
(4)
Retail and service stores, except when otherwise specifically
covered here: one parking space for every 300 square feet of net floor
area or major fraction thereof.
(5)
Stores for the retail sales of furniture, appliances
and hardware: one parking space for every 500 square feet of net floor
area or major fraction thereof.
(6)
Supermarkets and self-service food stores: one parking
space for every 200 square feet of net floor area or major fraction
thereof.
[Amended 11-10-1997 by L.L. No. 4-1997]
(7)
Laundromats: one parking space for every two washing
machines.
(8)
Motor vehicle sales and service: one parking space
for every 200 square feet of building area or fraction thereof.
(9)
Restaurants and diners (indoor service only): one
parking space for every four persons, based on posted occupancy load.
Restaurants and diners providing outdoor service shall provide, in
addition to any off-street parking calculated under the preceding
sentence, one parking space for every four outdoor seats.
[Amended 11-10-1997 by L.L. No. 4-1997]
(10)
Bowling alleys: five parking spaces for each
bowling lane.
(11)
Auditoriums, churches, theaters, stadiums, assembly
halls and similar places of assembly having fixed seating facilities:
one parking space for every three persons, based on posted occupancy
load.
[Amended 11-10-1997 by L.L. No. 4-1997]
(12)
Auditorium, exhibition halls, assembly halls,
union halls, community centers and similar places of assembly not
having fixed seating facilities: one parking space for every three
persons, based upon posted occupancy load.[5]
[Amended 11-10-1997 by L.L. No. 4-1997]
(13)
Mortuaries and funeral homes: two parking spaces
for every 50 square feet of floor area in the slumber rooms, parlors
or individual funeral service rooms.
(14)
Public utility installations: five spaces.
(15)
Parks and other outdoor recreation sites: five
parking spaces for each gross acre of land up to 50 acres and one
parking space per gross acre of land above 50 acres.
(16)
Industrial manufacturing establishments: one
parking space for each employee, plus one space for each 1,000 square
feet of gross floor area. The employee ratio shall be applied to that
shift of work activity that has the greatest number of employees.
Such parking area may be located in the required yard area but shall
not be located within a buffer area as required by this chapter.
[Amended 11-10-1997 by L.L. No. 4-1997]
(17)
Flex space: one parking space for every 300
square feet of flex space or major fraction thereof.
(18)
Storage, warehouse or wholesale establishments:
1/2 parking space per 1,000 square feet of gross floor area.
[Added 11-10-1997 by L.L. No. 4-1997]
(19)
Child day-care services: one parking space per
five persons based on maximum capacity, plus one parking space for
each employee.
[Added 11-8-1999 by L.L. No. 7-1999]
[Added 1-9-2006 by L.L. No. 1-2006[1]]
A.
The following general principles shall regulate the
location and width of driveways in residential districts:
(1)
The width of a driveway shall be no more than the
width of the garage door to which it leads, plus two feet on either
side.
(2)
The width of a driveway that does not lead to a garage
door shall be no more than 16 feet.
(3)
The Chart of Driveway and Dwelling Configurations[2] is incorporated herein as a guide in applying these provisions.
[2]
Editor's Note: Said chart is included at the end of this chapter.
(4)
Except in cases where the architecture so requires,
a driveway shall not be located directly in front of the residential
structure on the lot. (Configuration Nos. 1, 2 and 5 depict driveways
"not directly in front of a residential structure." Configuration
Nos. 3 and 4 are examples of where architecture requires the location
of a driveway "directly in front of a residential structure.")[3]
[3]
Editor's Note: Configuration Nos. 1 through 5 are in the Chart of Driveway and Dwelling Configurations, which is included at the end of this chapter.
[1]
Editor's Note: This local law also stated
that if any of its provisions were inconsistent with Article 7 of
the Village Law, the Uniform Sign Law of the Village of Fairport,
or any other statute or local law, this local law shall prevail.
A.
For every building, structure or part thereof having
over 5,000 square feet of gross building area erected and occupied
for commerce, hospital, laundry, dry cleaning, places of public and
quasi-public assembly, industry and other similar use involved in
the receipt and distribution by vehicles of materials or merchandise,
there shall be provided and permanently maintained adequate space
for standing, loading and unloading services in order to avoid undue
interference with the public use of streets or alleys. Every building,
structure or addition thereto having a use which complies with the
above definition shall be provided with at least one truck standing,
loading and unloading space on the premises, not less than 12 feet
in width, 35 feet in length and 14 feet in height. One additional
truck space of these dimensions shall be provided for every additional
20,000 square feet or fraction thereof of gross area in the building.
B.
Access to truck standing, loading and unloading space
shall be provided directly from a public street or alley or from any
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of truck vehicles.
C.
Loading space and area as required under this section
shall be provided in addition to off-street parking space and shall
not be considered as supplying off-street parking space.
D.
Off-street loading and unloading areas shall be surfaced
with asphalt, concrete, brick or similar dustless, durable, all-weather
pavement which shall be adequately drained, all subject to the approval
of the Village Engineer.
[Amended 11-10-1997 by L.L. No. 4-1997]
