[Added 1-28-2013 by L.L.
No. 6-2013]
A.
An accessory building is any structure whose use shall not be used or designed for use as a garage (§ 187-76) or shed (§ 187-77), but its use shall be incidental and customary to that of the principal structure, and that:
(1)
The use of the accessory building shall be limited to the owner(s)
and/or tenants who occupy the principal structure on the premises.
B.
A building permit shall be required to install or construct an accessory
building.
C.
No accessory building shall exceed the height of any permanent structure
on the property (dwelling/attached garage).
D.
Garage door openings shall not exceed eight feet high.
E.
Construction, finish and maintenance of an accessory building.
F.
In the event such accessory building construction, installation or
placement is not subject to New York State Uniform Fire Prevention
and Building Code (Uniform Code), as amended, requirements, and as
a further zoning and public safety requirement, the location shall
nevertheless meet the following requirements:
(1)
The separation distance between the exterior walls of the permanent
structure (dwelling/attached garage) and such accessory building shall
be a minimum of 10 feet unless:
(a)
The exterior of the walls of the permanent structure and accessory
building each have not less than a one-hour fire-resistant rating,
in which case no minimum separation distance will be required; or
(b)
The exterior wall of the permanent structure or the accessory
building has a one-hour fire resistance rating, in which case the
minimum separation distance shall be five feet.
(2)
Projections beyond the exterior wall shall not extend more than 12
inches into areas where openings are prohibited unless:
(a)
The projections of the permanent structure and the accessory
building shall each have a one-hour fire-resistant rating, in which
case the minimum separation distance shall be two feet; or
(b)
The projection of the permanent structure or the accessory building
has a one-hour fire-resistant rating, in which case the minimum separation
distance shall be five feet.
(3)
The minimum distance of the opening between the permanent structure
and accessory building shall be three feet with a maximum opening
of 25% of the wall area as such term is defined in the Uniform Code.
A.
A private garage is any attached or detached structure or portion
of a structure which is designed primarily for the storage of registered
and inspected motor vehicles.
(1)
The use of the accessory building shall be limited to the owner(s)
and/or tenants who occupy the principal structure on the property.
B.
A building permit shall be required to install or construct a private
garage.
C.
No private garage, attached or detached, shall exceed the height
of the permanent structure (dwelling/attached garage).
D.
Garage door openings in private garages shall not exceed eight feet
high.
E.
Construction, finish and maintenance of the private garage shall
be of the following:
F.
In the event such private garage construction, installation or placement
is not subject to New York State Uniform Fire Prevention and Building
Code (Uniform Code), as amended, requirements, and as a further zoning
and public safety requirement, the location shall nevertheless meet
the following requirements:
(1)
The separation distance between the exterior walls of the permanent
structure (dwelling/attached garage) and such private garage shall
be a minimum of 10 feet unless:
(a)
The exterior of the walls of the permanent structure and the
private garage each have not less than a one-hour fire-resistant rating,
in which case no minimum separation distance is required; or
(b)
The exterior wall of the permanent structure or the private
garage has a one-hour fire resistance rating, in which case the minimum
separation distance shall be five feet.
(2)
Projections beyond the exterior wall shall not extend more than 12
inches into areas where openings are prohibited unless:
(a)
The projections of the permanent structure and the private garage
shall each have a one-hour fire-resistant rating, in which case the
minimum separation distance shall be two feet; or
(b)
The projection of the permanent structure or the private garage
has a one-hour fire-resistant rating, in which case the minimum separation
distance shall be five feet.
(3)
The minimum distance of the opening between the permanent structure
and private garage shall be three feet with a maximum opening of 25%
of the wall area as such term is defined in the Uniform Code.
A.
A storage shed shall be a single-story structure and only used for
storage, hobbies or a workshop by the owner(s) and/or tenants who
occupy the principal structure on the property.
B.
Storage sheds shall not:
[Amended 11-13-2017 by L.L. No. 6-2017]
(1)
Exceed 12 feet in height;
(2)
Have a footprint of more than 144 square feet;
(3)
Be insulated;
(4)
Have any plumbing fixtures, except for necessary pool and sauna plumbing
and one hose spigot;
(5)
Be served by a paved, graveled or stone driveway; and
(6)
Be used for the storage of a motor vehicle or other type that can
be registered by the New York State Department of Motor Vehicles.
C.
A building permit shall be required to install or construct a shed.
D.
Construction, finish and maintenance.
(1)
Sheds shall be erected on crushed rock, asphalt or concrete.
(2)
All piers, flooring or any wood coming within six inches of the ground
shall be pressure-preservative treated and dried.
(3)
Exterior materials and finish shall match or complement the exterior
finish of the principal structure in material, color and texture.
(4)
Exterior surfaces of all sheds shall be maintained in new or like
new condition, free from cracked and peeling paint, rusting and deteriorating
materials.
E.
Number of storage sheds.
(1)
Only one such storage shed per property shall be located on any property
within any zoning districts.
F.
Location of a storage shed.
(1)
No shed shall be located in the front yard.
(2)
All sheds shall be located no less than five feet from the rear and
side property lines.
[Amended 11-13-2017 by L.L. No. 6-2017]
(3)
In the event such storage shed construction, installation or placement
is not subject to New York State Uniform Fire Prevention and Building
Code (Uniform Code), as amended, requirements, and as a further zoning
and public safety requirement, the location shall nevertheless meet
the following requirements:
(a)
The separation distance between the exterior walls of the permanent
structure (dwelling/attached garage) and such storage shed shall be
a minimum of 10 feet unless:
[1]
The exterior of the walls of the permanent structure and storage
shed each have not less than a one-hour fire-resistant rating, in
which case no minimum separation distance is required; or
[2]
The exterior wall of the permanent structure or the storage
shed has a one-hour fire resistance rating, in which case the minimum
separation distance shall be five feet.
(b)
Projections beyond the exterior wall shall not extend more than
12 inches into areas where openings are prohibited unless:
[1]
The projections of the permanent structure and the storage shed
shall each have a one-hour fire-resistant rating, in which case the
minimum separation distance shall be two feet; or
[2]
The projection of the permanent structure or the storage shed
has a one-hour fire-resistant rating, in which case the minimum separation
distance shall be five feet.
(c)
The minimum distance of the opening between the permanent structure
and storage shed shall be three feet with a maximum opening of 25%
of the wall area as such term is defined in the Uniform Code.
This chapter shall not create liability on the part of the Village
of Fayetteville, any officer or employee thereof for any damage that
results from reliance on this chapter or any administrative decision
lawfully made hereunder.
Any person aggrieved by any of the provisions of this chapter
may appeal such decision to the Zoning Board of Appeals of the Village
of Fayetteville as provided in the zoning regulations of the Village
of Fayetteville and the Village Law and shall comply with all procedural
requirements prescribed by such Zoning Board of Appeals.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine or by imprisonment as set forth in Chapter 113 of this Code.
