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.
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.
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.
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.
Building permit required. No fence, wall or other screening or enclosure
type of construction shall be erected without the issuance of a building
permit.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A swimming pool shall be construed to be an accessory residential
structure subject to all applicable provisions of local ordinances
and building regulations.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).