In all districts except the CB and GB districts, the lot frontage at the street line shall be not less than 40 feet.
A. 
Nothing herein contained shall restrict the height of the following:
(1) 
A church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft, transmission line or tower or similar structure.
(2) 
In an industrial district, a radio, CATV or television tower.
B. 
Any building or structure exceeding the height limit for the district in which it is located, pursuant to Subsection A, shall:
(1) 
Not have a lot coverage in excess of 10% of the lot area.
(2) 
Not be used for residence or tenancy purposes.
(3) 
Not have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
A. 
The following accessory structures may be located in any required front or rear yard:
(1) 
Awnings or movable canopies not exceeding 10 feet in height or an area equivalent to 5% of the required area of the yard in which it is located.
(2) 
Open arbors or trellises.
(3) 
Retaining walls, fences or masonry walls, pursuant to § 190-50.
(4) 
Unroofed steps; patios or terraces not higher than one foot above ground level, provided that they shall not extend more than 10 feet into a required front yard or more than four feet into a required side yard.
B. 
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
(1) 
An unroofed balcony, projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
C. 
Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D. 
Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the CEO when placed so as not to obstruct light and ventilation.
E. 
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
A. 
Building permit required. No fence, wall or other screening or enclosure type of construction shall be erected without the issuance of a building permit.
B. 
Application requirements. Applications shall be submitted, prior to commencing construction work, to the CEO on forms provided by the Village office. Said application shall include:
(1) 
A plan or sketch showing the proposed location of any fence;
(2) 
A recent survey (within five years) of the property on which the fence is proposed to be located; and
(3) 
A sample and/or description of the materials proposed to be used.
C. 
Issuance of permit. The CEO shall issue a permit only when the applicant demonstrates that they are in compliance with this section and all other applicable regulations of this chapter. Such permit will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.
D. 
Height limitations.
(1) 
Residential districts. No fence shall exceed six feet in height in the rear yard or four feet in height in the front or side yard.
(2) 
Nonresidential districts. No fence shall be more than eight feet in height in the side or rear yard or four feet in height in the front yard.
E. 
Location restrictions.
(1) 
Any fence erected under this chapter shall be placed no more than one foot from the owner's property line but must be entirely upon the owner's property.
(2) 
Any fence erected in a front yard shall be placed at least one foot back from the sidewalk where it exists and, where it doesn't exist, one foot back from the edge of the right-of-way.
(3) 
No fence shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
F. 
Materials and composition.
(1) 
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to persons and equipment for combating fires, which may affect public safety, is hereby expressly prohibited.
(2) 
The following fencing materials and compositions are prohibited: barbed wire, pointed fences that are a hazard to public safety or welfare, cloth fences, electrically charged fences, poultry fences, turkey wire, and expandable fences and collapsible fences, except during construction of a building.
(3) 
In residential districts, chain-link fences are prohibited in the front yard.
(4) 
Any wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.
(5) 
All entrances or gates shall open into the property.
A. 
The clear sight triangle shall be determined by two points, one on each intersecting street line, each of which is 50 feet from the intersection of such street lines.
B. 
On a corner lot in any district, except the CB District, no building, structure, vehicle, planting, or other object capable of obstructing one's view shall be placed or erected within the clear sight triangle that exceeds three feet in height.
C. 
Trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted.
A. 
Applicability. A pool which is capable of containing more than 24 inches of water is a swimming pool and is subject to all applicable provisions relating to swimming pools, even if the pool is filled to a depth of less than 24 inches.
B. 
Building permit required.
(1) 
Building permits shall be required for all swimming pools capable of containing water more than 24 inches deep.
(2) 
No permit shall be issued for such pool or hot tub unless the applicant can show that the proposed drainage for such pool and/or hot tub is adequate and will not interfere with the public water supply system, existing sewage or stormwater drainage facilities, any adjacent properties or public highways.
(3) 
No pool may be used prior to a certificate of completion being issued by the CEO following a final inspection.
(4) 
Existing swimming pools as of the effective date of the adoption of this section shall be provided with fences, gates and barriers as hereinabove specified, within one year from the effective date.
C. 
Swimming pool placement.
(1) 
Private swimming pools are permitted in all residential districts, provided that there is on existing residence on said lot and the pool complies with all regulations set forth in this chapter and applicable New York State Code, Rules and Regulations, as amended.
(2) 
A swimming pool shall be construed to be an accessory residential structure subject to all applicable provisions of local ordinances and building regulations.
(3) 
Such pool or hot tub shall be located in a side or rear yard.
(4) 
Pools must be located a minimum of 10 feet away from overhead electric power lines when measured horizontally from edge of pool, spa or hot tub, deck or any platform to wires.
(5) 
Pools may not be placed within any easements.
(6) 
The building line of a pool shall be considered to be the inside face of the pool wall at the normal level of the water surface. Such building line shall be not less than 10 feet from the rear lot line, not less than 10 feet from each side lot line and not less than 10 feet behind the front setback of the dwelling.
(7) 
Swimming pool mechanicals shall be a minimum of 10 feet from any lot line or front setback or enclosed in an approved accessory structure complying with accessory building setbacks.
D. 
Enclosure requirements.
(1) 
An outdoor residential swimming pool must be enclosed within a barrier which completely surrounds the swimming pool and accessory equipment and prevents access to the swimming pool. The barrier may consist of a fence, a wall, a building wall, or any combination thereof.
(2) 
A barrier shall be constructed so as not to provide footholds. Said barrier must be at least four feet high and the space between the bottom of the barrier and the ground cannot exceed two inches. If chain-link fencing is used, the mesh size shall not be more than 2 1/4 inches square.
(3) 
In the case of an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure. However, if the barrier is mounted on top of the pool structure, the space between the top of the pool structure and the bottom of the barrier shall not exceed four inches.
(4) 
Gates or doors shall be self-closing and self-latching with latch handle at least four feet above grade and swing outward from the pool. When latch mounting height is below four feet then latch must be on pool side of the gate and set a minimum of three inches below top of gate and the gate shall have no opening greater than 1/2 inch within 18 inches of latch release mechanism.
(5) 
Gates shall be capable of being locked when pool is not in use or supervised. Locking mechanism shall be by key, combination or other childproof lock sufficient to prevent access when pool is not in use or supervised.
(6) 
Walls of aboveground pool may be used in lieu of barrier, provided walls are a minimum four feet high on all sides and steps or ladders are capable of being secured, locked or removed to prevent access when pool is not in use or supervised; and when ladder is secured, locked or removed does not create any opening that would allow the passage of a four-inch-diameter sphere.
(7) 
When ladder or steps cannot be secured, locked or removed, then steps or ladder shall be surrounded by a barrier meeting requirements above.
(8) 
Barrier shall be so located as to prevent adjacent structures, equipment or similar objects from being used to climb the barrier.
(9) 
When a house wall is used as a part of the barrier and doors from the structure open into the pool enclosure, then the pool must be equipped with an approved powered safety cover or all doors with direct access shall be equipped with an alarm which produces an audible warning when the door and its screen are opened. Alarm shall sound for at least 30 seconds and be heard throughout the house. The alarm shall automatically reset under all conditions. Alarm shall be equipped with a manual control (switch or touch pad) to temporarily deactivate the alarm for a single opening. Such deactivation shall last for 15 seconds maximum. Deactivation control to be located four feet above door threshold.
(10) 
Hot tubs that have a locking cover complying with ASTM F 136 are exempt from enclosure requirements.
(11) 
A pool which is only capable of holding water less than 24 inches in depth is exempt from enclosure requirements.
E. 
Additional requirements.
(1) 
Every swimming pool that is installed, constructed or substantially modified after December 14, 2006, must be equipped with an approved pool alarm which complies with the regulations set forth in the NYS Uniform Fire Prevention and Building Code section on swimming pools.
(2) 
Lights shall be regulated pursuant to Article XIII of this chapter of the Village of Honeoye Falls Code. Lights shall be turned off when the pool is not in use.
(3) 
All electric supply wiring shall be installed in accordance with the National Electric Code and be inspected by a Village-approved electrical inspection agency prior to the issuance of a certificate of occupancy and certificate of completion. All electric supply wiring is to be installed underground.
(4) 
All electrical circuits serving pool equipment shall be supplied with a ground fault circuit interrupter (GFCI).
(5) 
Pool pumps shall be equipped with time clocks to permit the pump to run during off- peak hours and set for the minimum time necessary to maintain the water in a clear and sanitary condition.
(6) 
Such pool or hot tub shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
(7) 
Pools are to be used during such appropriate hours and in such a manner so as not to create an annoyance or disturbance to neighboring residential properties (see Chapter 114, Noise).