[Amended 1-18-2023 by L.L. No. 2-2023]
Fences, hedges and screen plantings installed shall meet the
requirements set forth in this section.
A. No fence, hedge or screen plantings shall be installed within a Town,
municipal, or utility easement, unless the property owner receives
approval from the Town, municipality, or utility prior to installation.
For Town of Penfield easements, Town review and approval is required
prior to installation.
B. All permanent fences shall be installed in accordance with the manufacturer's
specifications or constructed with standard fence materials (e.g.,
wood, PVC, vinyl, metal, and similar). Fences shall have their finished
or decorative side facing the adjacent properties.
C. Fences shall be maintained structurally sound and in good repair.
D. Except for deer fencing, construction and seasonal fencing, and other
temporary fencing as defined within this section, all fencing shall
comply with the following location and height restrictions, which
are based on the use of the property:
(1)
Residential Dwellings (Single-family, two-family and townhomes).
(a)
Front yard fencing. Maximum fence height shall be three feet.
(b)
Side and rear yard fencing. Maximum fence height shall be six
feet.
(c)
Corner lots, through lots, or irregularly shaped lot fencing.
Within 20 feet of a side or rear property line abutting a street,
right-of-way or highway, maximum fence height shall be three feet.
(2)
Industrial and public utility uses.
(a)
Maximum fence height shall be eight feet. Fencing shall be approved
by the board having jurisdiction or by the Code Enforcement Official.
(b)
Barbed-wire fencing may be approved when it demonstrates one
or more of the following:
[1]
It is required by state or federal regulations and/or standards.
[2]
It is needed to protect the public from accessing dangerous
conditions and/or is being utilized to protect the health, safety
or welfare of the public as determined by the board having jurisdiction
or by the Code Enforcement Official.
(3)
Land used in agricultural production.
(a)
Maximum fence height shall be eight feet.
(b)
Barbed-wire tip or an electric-shock fence shall be permitted
when it meets one or more of the following:
[1]
The fence is intended to protect the public from accessing dangerous
conditions.
[2]
The fence will prevent entry to an area which could be hazardous
to the health, safety or welfare of livestock or farm animals.
[3]
The fence is needed to secure an area where materials and/or
equipment are stored.
[4]
The fence is needed to keep farm animals or kenneled animals,
excluding household pets, from leaving the site.
[5]
For electrified fencing, signs must be posted a minimum of every
150 feet to clearly alert people the fence is electrified.
(4)
All other uses. Maximum fence height shall be six feet, unless
otherwise permitted in applicable zoning district regulations. The
fence location and type shall be determined through the required review
process set forth for all other uses.
E. Deer fencing is permitted, provided it meets the following requirements:
(1)
Shall be no more than eight feet in height.
(2)
Shall not be permitted in the front yard.
(3)
Shall be structurally sound. Deer fencing may have solid posts
and cross members but must be comprised of more than 75% wire, open-mesh
or other open-style material that allows light and air to pass through
in each panel or section of deer fencing installed.
(4)
Shall be designed to enclose existing fruit/vegetable garden
area or active orchard or to enclose a proposed fruit/vegetable garden
area or active orchard that will be planted within one year of construction.
(5)
Shall be located a minimum distance of 20 feet from any property
line abutting a street, right-of-way line or highway and 10 feet from
any other property line.
F. Seasonal and other temporary fencing shall be used or installed as
follows:
(1)
Snow fencing shall not exceed four feet in height and may only be installed during the time period when winter parking restrictions are in effect, pursuant Town Code §
220-15, as amended or changed.
(2)
Construction fencing shall not exceed eight feet in height and
only be installed in conjunction with active demolition, construction
and/or development projects and must be removed once the project has
been completed.
(3)
Any other temporary fencing may be installed no more than 45
days in a calendar year.
G. Fencing for pools and spas. When fencing is required by the NYS Uniform
Code to enclose pools and spas, said fencing shall conform to the
applicable state regulations for fence design, as amended or changed.
H. Except for barbed-wire or electrified fencing that conforms with
the requirements set forth herein, fences or fence materials installed
with the intent to cause harm or injury are expressly prohibited.
This includes, but is not limited to, objects protruding horizontally
from the vertical fence line, wires strung across open areas, and
the like.
I. Solid hedges and solid screen plantings may not exceed three feet
in height within 20 feet of any property line abutting a street, right-of-way
or highway.
J. Fences, hedges, or screen plantings lawfully existing at the time
of the passage of this section shall be deemed nonconforming appurtenances
and shall be treated as nonconforming structures under this chapter.
Buffers, berms and screen plantings shall be provided as set
forth below:
A. A buffer area of at least 50 feet shall be provided along the boundary
line between a LB or BN-R District which abuts any residential zoning
district, as measured from the zoning district line to the nearest
improvement or appurtenance of the LB or BN-R District.
B. A buffer area of at least 100 feet shall be provided along the boundary
line of a GB District which abuts any residential zoning district,
as measured from the zoning district line to the nearest improvement
or appurtenance of the GB District.
C. A buffer area of at least 150 feet shall be provided along the boundary
of an LI District which abuts any residential zoning district, and
50 feet between any other district, as measured from the zoning district
line to the nearest improvement or appurtenance of the LI District.
D. Such buffer areas shall contain screen plantings of grass, trees,
hedges, shrubs, and/or earthen berms, etc., as determined by the board
having jurisdiction and/or the authorized official so as to provide
a visual and sound buffer between the different districts.
E. Buffering for the Mobile Home Park District shall be approved by
the board having jurisdiction and/or the authorized official.
F. Conditionally permitted uses in any residential zoning district will
require a fifty-foot buffer area from adjacent properties where new
or substantial alteration is authorized.
G. Landscaping of the perimeter of properties and parking or loading
areas in the TFOD shall be designed so as to provide a coordinated
landscaping scheme to buffer adjacent uses and to enhance the visual
quality of the area adjacent to the rights-of-way of Penfield Road
and Fairport-Nine Mile Point Road and shall be subject to the approval
of the board having jurisdiction.
There shall be a clear vision zone at all corners of intersecting
roads, or road junctions within a subdivision, consisting of a triangular
area defined by the point of intersection of the right-of-way lines
and the two points extended along such lines for a distance of 35
feet from any intersection as shown on the diagram below. The clear
vision zone for intersections with and of collector streets and/or
major highways shall meet the traffic safety sight distance criteria.
A graphic display of the clear vision zone is illustrated below. Clear
vision zones must comply with the Town of Penfield development regulations
and specifications.
The limitations affecting the height of structures in the district regulations in Article
V of this chapter shall not apply to the appurtenant appendages and structures such as parapet walls not exceeding three feet in height, chimneys, smokestacks, church spires, flagpoles, TV antennas, penthouses for mechanical equipment, or to barns, pole barns, silos, and other common farm-related structures, and water tanks; provided however, such appendages and structures shall comply with all other provisions of this chapter and any other applicable ordinance.
Any application proposing a development shall provide a pedestrian
circulation plan to be approved by the board of jurisdiction. The
plan shall be required to integrate with existing pedestrian circulation
patterns.
See also the New York State Property Maintenance Code and Fire
Code, which are hereby incorporated by reference.
A. Any
deterioration of the exterior of any building on subject premises
with respect to painted surfaces, siding, roofing, brickwork, mortar
joints, signs, copings, overhangs, porches or other appendages, entrance
or exit doors, display windows or any other part of the building exterior
where such deterioration constitutes a hazard to the public, would
cause significant and serious damage to the structure itself or is
unsightly and aesthetically detrimental to subject premises or any
property near subject premises must be repaired or corrected.
B. Exterior
surfaces shall be kept free of graffiti, posters, playbills, or anything
that would cause unsightliness to the structure or premises in the
opinion of the authorized official.
C. Each
tenant of a strip mall shall be required to post the name of the business
on the exterior of all exit doors. The business name shall be installed
on door at a height of five feet to the center line. All letters shall
be a minimum of two inches in height and shall sharply contrast in
color from the exit door. Script-style lettering shall not be permitted.
Upon approval of applications for any development that is not single-family residential development, the applicant shall furnish, if required pursuant to §
250-12.2 by the authorized official/board having jurisdiction, a maintenance agreement in accordance with the format as outlined in the Town's development regulations and specifications, to ensure the ongoing general maintenance of that commercial development.
Unless otherwise provided for elsewhere in this chapter, any
use of land or use and/or occupancy of a nonconforming structure,
which use was lawful at the time of the effective date of this chapter
or an amendment thereto, may be continued; provided, however, such
use shall have continued in operation, does not constitute a nuisance,
and shall not be enlarged, altered or changed in area, activity or
content during its continuance, except as provided otherwise by the
authorized official.
A. Any nonconforming use or structure which has ceased continued use
or occupation for a period of one year or more shall be considered
to have terminated, and may not thereafter commence operation as before.
B. Any use or structure which was in violation of any previous zoning
ordinances of the Town of Penfield shall not be regarded as nonconforming
under this chapter.
C. With exception, upon a finding by the authorized official that such
enlargement, change or alteration will produce greater compliance
with this chapter, and that the use within such structure is in conformity
with the requirements of this chapter; and further provided that no
enlargement, change or alteration of a nonconforming structure housing
a nonconforming use shall be permitted, except upon a finding by the
Zoning Board of Appeals (or the Town Board in the case of the FC District
or LLD District) that such enlargement, change or alteration will
permit greater compliance with the provisions of this or other appropriate
regulations, and is installed or instituted to minimize the detrimental
effects of the nonconforming use upon adjoining conforming uses.
D. Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure, or part thereof,
declared to be unsafe by the authorized official and which strengthening
or restoration is ordered by said official.
Notwithstanding any provision of this chapter to the contrary,
any natural gas and/or petroleum extraction activities that are being
conducted in the Town as of December 17, 2014, shall be subject to
the following:
A. Qualifications
for preexisting nonconforming use status.
(1) If, as of December 17, 2014, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, unrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation (DEC) and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue; subject, however, to the provisions of Subsections
B and
C of this section.
(2) Natural gas and/or petroleum extraction activities that are being conducted in the Town as of December 17, 2014, and which do not qualify for treatment under Subsection
A(1) above shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
B. Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this section by virtue of Subsection
A(1) or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering" rights) of or relating to such activity shall terminate.
C. Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection
A(1) is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of December 17, 2014. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection
A of this section.
Nothing in this chapter shall prevent the maintenance, renovation or destruction of structures in accordance with other provisions of the Town Code, including Chapter
94, Article
I, Building Code Administration and Enforcement.
Property address numbers shall be provided as set forth in the
Fire Code of New York State and the Property Maintenance Code of New
York State and any amendments thereafter, which are hereby incorporated
by reference.