The following have application to all districts except as otherwise
provided: In any district a use, which is not specifically enumerated,
under permitted or conditionally permitted use section shall not be
granted unless approved by the Zoning Board of Appeals as provided
by in this chapter.
A.
No building shall hereafter be erected or altered to exceed the height,
to be of lesser size, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area, or to have narrower
or smaller rear yards, front yards, side yards, inner or outer courts
than is specified herein for the district in which such building is
located.
B.
No part of a yard or other open space about any building required
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building. In any district a use which is not specifically
enumerated under uses permitted or in the conditional use section
shall not be granted unless approved by the Zoning Board of Appeals
as provided for in this chapter.
C.
Area width and yard requirements. Existing lots are prohibited from
subdivision to a reduction in size below the minimum requirements
for the purpose of creating a building lot.
D.
Accessory buildings. Accessory buildings of 170 square feet or less
do not require a building permit, but zoning regulations such as setbacks
from property lines must be adhered to.
E.
Keeping of livestock. Keeping of livestock, pigeons, and poultry
is permitted in any district in the Town in so far as such use does
not constitute a nuisance. To protect water wells from contamination,
barnyards, silos, barn gutters and animal pens must be at least 100
feet distant from any dwelling unit's water well. When contamination
sources are located in coarse gravel or upgrade in the direct path
of drainage to a water well, the water well shall be located at least
200 feet away from the closest part of these sources. Animal pen does
not include small pet shelters or kennels housing three or fewer adult
pets.
F.
Swimming pools. Public and private swimming pools shall comply with
the New York State Uniform Fire Prevention and Building Code. Pool
and deck placement shall comply with structure setback requirements
of the applicable zoning district.
G.
No landlocked parcels. No permit for the construction of any building
shall be approved unless such structure has access from an improved
street or a street on an official map, plan, approved subdivision
or duly filed plat.
H.
Lots in more than one district. All the uses, buildings and facilities,
yards, open space, off-street parking and required landscaping must
be contained within the district in which the use is permitted.
I.
Travel trailers. Except as permitted by temporary uses and structures,
no person shall use or occupy any travel trailer, tent trailer, tent
or motor home for living or sleeping quarters within Conesus for more
than 14 consecutive days unless such use is carried on within a campground.
A conditional use permit will be required for occupancy of a travel
trailer or motor home for more than 14 consecutive days.
J.
Dumping of waste material. Dumping, piling or accumulation of refuse,
garbage (other than in closed containers which are regularly emptied
in a lawful manner), waste materials, scrap or other noxious substances
is prohibited.
K.
Temporary uses and structures. Temporary use permits may be issued
by the Code Enforcement Officer for a period not exceeding one year
for nonconforming uses incident to housing and construction projects,
including such structures and uses as the storage of building materials
and machinery, the processing of building materials, a real estate
office located on the tract being offered for sale or a temporary
dwelling, such as a recreational vehicle or single wide trailer with
appropriate provisions for water supply and sewage disposal used during
construction of a dwelling, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit or issuance of any
applicable certificate of occupancy. Such permits may be renewed upon
application to the Code Enforcement Officer for additional periods
not exceeding one year.
L.
Clear vision at intersections. Clear vision shall be maintained on
corner lots in a triangle formed by the street lines of such lots
to a point 35 feet from the intersection and a line connecting those
points. Within that area, no fence, wall, hedge, screen planting,
bushes or shrubbery shall be permitted higher than two feet above
the average finished grade of the lot. Trees shall be permitted within
the area only if maintained and trimmed so that no branch or foliage
is less than eight feet above the average finished grade of the lot.
M.
Hot tubs and spas. Hot tubs and spas containing 24 inches or more
of water shall follow the regulations set forth under the Uniform
Code of New York for swimming pools or any regulations herein.
A.
Uses allowed in all districts.
(1)
Single-family homes.
(2)
Two-family homes.
(3)
Public uses, such as churches, schools, parks, and schools, are allowed
in all districts.
(4)
Accessory buildings customarily incidental to the permitted uses
in the district. Building must comply with all applicable district
zoning regulations.
(5)
Manufactured homes on a permanent foundation.
(6)
Home occupation.
(7)
Government uses necessary for the health, welfare and safety of the
community.
(8)
Roof-mounted
solar energy system.
[Added 6-6-2023 by L.L.
No. 4-2023]
(9)
Building-integrated
solar energy system.
[Added 6-6-2023 by L.L.
No. 4-2023]
Lot size requirements shall be as specified under each zoning
district. In addition, the following regulations shall be complied
with:
A.
In any residence district on a lot of record on the effective date
of this chapter, a single-family dwelling may be established regardless
of the size of the lot, provided that all other requirements of this
chapter are met.
B.
No building shall be converted so as to conflict with the lot size
requirements of the district in which such building is located.
C.
Where public facilities are unavailable, regardless of other provisions
of this chapter, in all classifications and in all districts there
shall always be sufficient ground area left unoccupied by a structure
or paving for a proper system of sewage disposal and water supply
conforming with the standards and requirements of the Livingston County
Health Department and New York State Board of Health. Plot plans accompanying
building permit applications shall show clearly the proposed sewage
disposal system and well locations, if any.
D.
Where, at the time of passage of this chapter, a land ownership is
such that it consists of several contiguous lots, each of which may
be of less area than the minimum required in the zoning district in
which located, it shall be unlawful to dispose of a part of the total
holding which is less in area than the minimum required for the zoning
district.
E.
Yard requirements shall be as set forth under each zoning district.
Front, side, and rear yard setbacks shall be provided in accordance
with the regulations hereinafter indicated and shall be unobstructed
from the ground level to sky, except as otherwise allowed.
F.
When two or more principal uses are located on a lot each shall conform
to all area and setback requirements, and buildings must be separated
by a minimum ten-foot spacing.
The following provisions shall apply to all signs:
A.
Signs prohibited in public ways. No sign shall be placed upon, over,
or in any public way, provided that this subsection shall not be construed
to prohibit the erection or placing of any authorized traffic sign,
traffic signal, or other traffic device, or any other signs authorized
by law or specifically permitted to project into the public way by
this chapter.
B.
Signs not to constitute a public hazard. No sign shall be erected
at any location where it may, by reason of its position, shape, color
or other characteristics, interfere with, obstruct the view of, or
be confused with any authorized traffic sign, traffic signal, or other
traffic device, nor shall any sign make use of the words "stop," "look,"
"danger," or any other word phrase, symbol, or character in such a
manner as to interfere with, mislead, or confuse traffic.
C.
Height. No sign shall project higher than one story or 15 feet above
curb level, whichever is lower.
D.
The maximum size of any sign shall be 50 square feet.
E.
No signs shall be located closer than 10 feet to a side lot line
where it abuts a residential district.
In all districts, off-street parking spaces shall be provided
as set forth in this section or in other sections of this chapter.
Off-street parking will be provided for every building or structure
hereafter erected, or extended. Such spaces shall have an area of
at least 200 square feet, and shall have adequate and well-designed
ingress and egress and shall be located on the same lot as the use
to which they are accessory, or within a radius of 300 square feet.
[Added 5-3-2022 by L.L. No. 2-2022]
Fences (which are not considered structures for purposes of
this section) may be erected in any district, subject to the following
provisions:
A.
Fence permit required; application.
(1)
No fence may be installed or constructed within the Town unless
pursuant to a permit issued by the Code Enforcement Officer/Building
Inspector, unless otherwise subject to an exemption.
(2)
No permit for a fence shall be issued unless the proposed fence
complies with the provisions contained in this section.
(3)
An application along with the specified fee for a fence permit
shall be made to the Town Code Office on forms provided by the Town.
(4)
Fence permit applications to erect a fence within any given
required front, side, or rear yard shall be accompanied by a survey
map reflecting the current extent of the property, the relevant setback
requirements, and depicting the proposed location of said fence.
(5)
Fence permit applications for lots with direct shoreline frontage
in the Lake Shore District shall also depict the mean high-water mark.
(The mean high-water mark shall be defined in this section as defined
in the Town of Conesus Docking and Mooring Law.)
(6)
Fence Permit Exemptions. The following shall not require a fence
permit:
(a)
Fences installed and/or constructed as part of an agricultural
operation or use recognized by the Town.
(b)
Fences installed and/or constructed as required for a residential
pool, which shall be addressed during the permitting process for pools.
(c)
Temporary fencing, which includes fencing that is intended to
be temporary and which remains in place for less than six months out
of the year.
(d)
Fences installed by the Town, including at public parks.
(e)
Special use fencing, as specifically addressed below, so long
as the fencing is addressed during conditional use or special use
permit review.
B.
General requirements. The following requirements shall apply to fences
throughout all zoning districts in Town, unless otherwise stated:
(1)
Fences shall have their finished/decorative side facing toward
the adjacent properties. The fence posts and other supporting structures
of the fence shall face the interior of the area to be fenced.
(2)
No fences shall be constructed, established or built-in excess
of six feet in height, with the exception of fencing for tennis or
similar recreation courts, which may be up to 12 feet in height.
(3)
The height of all fences shall be measured from the average
finished grade at the base of the fence.
(4)
Fences six feet or lower in height are exempt from the setback
requirements of the lot on which they are located. For fences greater
than six feet in height (e.g., tennis or recreation courts), the setback
requirements of the lot on which they are located shall apply. There
shall be an additional one-foot setback for every one foot in height
exceeding the first six feet.
(5)
No fence over four feet in height shall be constructed in the
front yard of any lot, except for decorative posts on said fence,
which may be no more than 12 inches in excess.
(6)
Fences incorporating barbed wire, electric current, or similar
material or devices shall be allowed only when necessary for agricultural
or public utility operations and, unless part of an agricultural operation,
shall be subject to a minimum ten-foot setback.
(7)
Fences expressly designed with the intent to maim or injure
prospective intruders are prohibited except as specifically authorized
above.
(8)
Fences shall be properly maintained and shall not be permitted
to fall into disrepair.
(9)
If a fence is to be located on a corner lot, the following provisions
shall additionally apply: No solid fences over 24 inches in height
shall be permitted in the triangular area formed by the intersecting
street lines and a straight line joining the street lines at points
which are 25 feet in distance from the point of intersection measured
along the street lines. Measurement of height shall be from the grade
of the abutting top of curb or from the crown of the abutting road,
whatever is lower. Only split-rail fences, cyclone fences, chain-link
fences or other similarly open fences are permitted in the triangular
area, provided they do not otherwise create a traffic hazard or block
visibility.
(10)
No fence shall be erected upon or otherwise encroach upon a
public right-of-way. No fence shall be erected that will create a
safety problem for people using the public right-of-way. Fences adjacent
to driveways and roadways shall not obstruct the vision of operators
of motor vehicles traveling on the same.
(11)
Unless otherwise specified, fence materials for fences or portions
of fences may be fully opaque.
(12)
The Planning Board, as part of site plan review, may require
a fence or other screening to shield adjacent residences or other
uses from undesirable views, noise, or light.
(13)
Any legally existing fences pre-dating this section shall be
protected as a preexisting nonconforming use so long as they are not
enlarged or expanded.
C.
Lake Shore District. In addition to the fencing requirements above,
all fences in the Lake Shore District shall also comply with the following:
(1)
Fences located between the mean high-water mark and the rear
building line of a principal structure (measured from a point inclusive
of decks and porches) shall not exceed four feet in height, and shall
be comprised of materials that are at least 60% transparent, as viewed
from an angle of 90°.
(2)
Fences located in side yards, forward of the rear building line
(measured from a point inclusive of decks and porches) may have a
height more than four feet but shall not exceed six feet in height.
(3)
Fences may be constructed from wood, chain link, stone, rock,
brick, masonry brick, wrought iron, vinyl, and aluminum. However,
no fence shall be constructed from items not customarily used for
fencing, such that the materials, including but not limited to the
following, may not be used for fencing: plywood less than 5/8-inch
thick, low-grade plywood, pallets, particle board, paper, foam board,
plastic, tarps (and similar materials), razor wire or other dangerous
materials, sheet metal, roll metal, corrugated metal, concrete block,
or chains.
(4)
Fences shall extend no closer to the water than 10 feet from
the mean high-water mark.
D.
Special use fencing. Fencing for the following specific uses may
vary from the provisions in this section and shall not require a permit
pursuant to this section. Instead, the fencing provisions for these
specific uses shall be dictated by the special use permit/conditional
use permit process, but these regulations may be considered as guidance
during such permitting process:
