A. 
Buildings, structures and lots.
(1) 
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
(2) 
No building or structures shall hereafter be erected or altered to exceed the height, to house or accommodate a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front or side yards than is specified in this chapter for the district in which the building or structure is located, or to be less than one full story in height as defined in this chapter.
(3) 
No part of a yard or open space required for any building shall be included as part of the yard or open space required for another building.
(4) 
No lot shall be reduced in size if, as a result thereof, its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
(5) 
Any required yard shall be entirely open and unoccupied by buildings other than:
(a) 
Entrance porches or steps up to seven feet in depth, front to rear, in a front yard.
(b) 
Porches and terraces, provided that they are no closer to the lot lines than required by the setback restrictions applying to the district.
(c) 
Residential accessible ramps in the front, side or rear yard. Ramps shall meet the requirements of the New York State Fire Prevention and Building Code and shall not exceed those same requirements as they apply to ramp width and landing area, if the structure will encroach into the required setbacks.
(6) 
Except as specifically provided herein, no lot shall have erected upon it more than one principal building or be allowed more than one principal use.
(7) 
Every principal building shall have access to a public street improved to meet Town requirements. Access may be either by a driveway or private road approved by the Town.
(8) 
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
(9) 
For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
(10) 
Any structure which has had utility service disconnected for six consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
B. 
Roads, intersections, public facilities and rights-of-way.
(1) 
Where a private road or drive provides access to more than two principal buildings, said road or driveway shall have a right-of-way width of not less than 50 feet and a travelway width of not less than 12 feet, improved with a durable all-weather surface, subject to approval of the Planning Board during subdivision review. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(2) 
All driveways from a state or county highway shall include sufficient space to turn a vehicle around. The Planning Board shall reserve the right to require a similar vehicle turnaround on Town roads. The need for a turnaround on Town roads shall be determined based on the location of the property and existing and projected traffic volumes.
(3) 
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted within 50 feet of any intersecting street.
(4) 
On all nonresidential properties within the Town of Parma, the owner and occupant shall maintain the walkways, sidewalks, driveways and parking areas located in the front, rear or side of such premises, from the building line to the nearest public street line, in a clean, sanitary, and safe condition and free from litter, debris, paper, dirt, garbage, junk, snow, ice or other obstruction and in good repair, and shall be liable to any party for injuries sustained as a result of the failure to so maintain the same.
(5) 
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
C. 
Public health and welfare.
(1) 
No manure, odor or dust-producing substances shall be permitted to be stored within 100 feet of any lot line, or any stream carrying water six months each year.
(2) 
The use of any lot or building involving the disposal of sewage or wastewater shall be by an approved connection to the public sewer system or a private septic system approved by the Monroe County Department of Health.
(a) 
The dumping of refuse, waste material and other substances, excluding vegetative compost material, shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer (CEO). Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and seeded subject to approval of the Code Enforcement Officer. These provisions shall not apply to customary agricultural practices on land used for farming purposes.
(b) 
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation, and the Monroe County Department of Health.
D. 
Junk vehicles.
(1) 
No lot shall be used for the open storage of unlicensed or unregistered vehicle(s) or their parts unless said vehicle(s) are being offered for sale in accordance with the following provisions. The parking of unregistered motor vehicles for sale on the premises of a principal residential structure shall be subject to the following conditions:
(2) 
Only one unregistered vehicle may be parked outside of a fully enclosed building for sale at any one time.
(3) 
Only two unregistered vehicles, that are owned by the resident or property owner, may be sold or offered for sale in any 12-month period.
(4) 
In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any 12-month period.
(5) 
No unregistered vehicle advertised for sale shall be parked within any public right-of-way and no closer than 15 feet to any property line.
(6) 
The open storage of abandoned motor vehicles or parts thereof on private property is expressly prohibited in the Town of Parma. It shall be unlawful for any person or legal entity, either as owner, occupant, lessee, agent, tenant or otherwise of private property within the Town, to keep in open storage an abandoned motor vehicle or any part or piece thereof on private property within the Town unless:
(a) 
Such motor vehicle is stored on premises legally located, used and operated as a junkyard.
(b) 
Said motor vehicle is stored in a completely enclosed structure conforming with the provisions of this chapter.
(c) 
Said motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing at the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Said motor vehicle shall be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for a period of more than six months.
(d) 
Said motor vehicle may be kept for open storage on premises within a commercial or industrial district for a period of no more than six months while awaiting repair or servicing at such premises.
(e) 
If it appears to the Code Enforcement Officer that a violation of this section is occurring, the Code Enforcement Officer shall serve or cause to be served written notice, either personally or by registered mail, return receipt requested, upon the owner, occupant, tenant or person having charge of such private property, advising said person of such violation. Said notice shall contain a general description of the premises and the approximate location of such motor vehicle or vehicles. The notice also shall contain an order that such person cease and desist said violation within 10 days after the receipt of said notice.
E. 
Minimum residential building size. Every residential structure or building intended to be a habitable living space shall be no less than 800 square feet.
A. 
In order to encourage the sound development of street frontage, the regulations in this section shall apply to all nonresidential buildings and uses.
B. 
Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than one point of access. Additional accessways may be approved by the Planning Board based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant.
C. 
The use of common access points by two or more permitted uses shall be encouraged by the Planning Board in order to reduce the number and closeness of access points along the roads and to encourage the fronting of significant traffic-generating uses upon a parallel access road and not directly upon a primary road. Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 feet nor more than 30 feet in width.
D. 
In the review of site plans, the Planning Board may, as a condition of approval, require cross-access easements between multiple parking areas. Such an easement would be activated to provide cross-site access and parking for adjacent lots and uses if and when the adjacent lots are developed for nonresidential purposes.
E. 
The Planning Board may also request additional width, fencing and vegetation based on the type of use proposed.
A. 
A buffer strip 10 feet in width shall be provided upon all non-residential land uses which abut a residential land use at the side or rear lot line. This buffer strip may be included within the required side or rear yard setback.
B. 
No parking area, building or other structure or paved area except walks, walls or fences shall be permitted in any buffer strip.
C. 
No storage or display of goods shall be permitted in any buffer strip.
D. 
Buffer strips shall include solid fencing and/or live, healthy vegetation of at least five feet in height.
E. 
Each buffer strip shall be planted with at least two trees and/or shrubs every 10 linear feet. The remainder of each buffer strip shall be landscaped in grass, ground cover, other vegetation or a walk, wall or fence.
A. 
The regulations in this section shall apply to all nonresidential buildings and uses in the C-MU and N-MU Districts.
B. 
To the maximum extent practicable, all buildings shall be arranged to orient toward public streets and frame the corner at the intersection of any two streets.
C. 
All buildings shall have front entrances which face public streets and shall include a sidewalk connecting the entrance to the public sidewalks.
D. 
If a public sidewalk is not present, a sidewalk shall be installed parallel to the street or roadway in addition to the sidewalk connecting to the building entrance.
A. 
The regulations in this section shall apply to all nonresidential buildings and uses in the C-MU and N-MU Districts.
B. 
Buildings shall exhibit a clearly defined base, mid-section and crown. This can be accomplished using a combination of architectural details, materials, and colors.
C. 
Facades of buildings shall be broken down into a series of appropriately proportioned structural bays or components typically segmented by a series of columns, masonry piers, or pilasters that frame window, door and bulkhead components.
D. 
A facade bay shall have a maximum width of 20 feet.
E. 
Long, blank, unarticulated wall facades that face a major street are prohibited.
F. 
Elevation features should have depth, avoiding a flush or flat appearance.
G. 
Where a portion of a building facade without windows is necessary to front on a street, it shall be "broken" by vertical and horizontal articulation (e.g., sculpted, carved or penetrated) characterized by breaks (reveals, recesses) in the surface of the wall.
H. 
The proportion of glazing to overall ground floor facade area shall be a minimum of 50% on facades facing a major street.
I. 
The proportion of glazing to overall upper floor facade area shall be a minimum of 25% on facades a major street.
A. 
Provisions applicable to all districts.
(1) 
Except for fences associated with agricultural uses, a building permit shall be required for the erection of any fence or privacy structure. A site plan showing the proposed location and details of the fencing or privacy structure shall be provided to the Planning Board with the application for the permit.
(2) 
Closed fences shall not be permitted along any front lot line or alongside lot lines between the front setback line and the highway right-of-way. Open fences along these lot lines shall not be higher than three feet above the adjacent ground level. Open fences allowed herein shall be encouraged to be decorative, such as a split-rail fence or board fence. Except as provided for in this article, wire fences, other than chain link, shall be prohibited.
(3) 
No fence shall be erected to encroach on any property line or upon a public right-of-way or designated easement.
(4) 
Where the land is used and occupied as a farm, open style fences shall be permitted, as necessary, to restrain livestock.
(5) 
No fence which is expressly designed with an intent to injure or malign anyone who attempts to climb such a fence shall be permitted. The exceptions to this rule are certain types of fences listed below in Subsection C.
(6) 
The finished or decorative side of a fence shall face away from the applicant's yard.
(7) 
Chain link fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
(8) 
The restrictions specified herein shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(9) 
No fence that would impede or direct the flow for stormwater runoff shall be erected in a flood hazard area.
(10) 
Up to 50 linear feet of fencing, up to a maximum of six feet in height, may be installed without a permit to enclose a run or pen for domestic animals, subject to the front, side and rear setback requirements of the zoning district. This shall only be permitted for residential uses and districts.
B. 
Provisions applicable to the AR and RR Districts.
(1) 
Fences on properties in the Agricultural-Residential (AR), Rural Residential (RR) and Waterfront Residential (WR) Districts may be erected up to a height of four feet within the rear and side yards.
(2) 
Privacy structures and open and closed fences up to a height of six feet may be permitted on a lot for the express purpose of enclosing or screening a swimming pool or patio area. Such privacy structures shall be subject to the front, side and rear setback requirements of the zoning district. The complete enclosure of a yard in this manner shall not be permitted.
(3) 
Fences shall not be permitted in the front yards.
(4) 
Properties located in the AR and RR Districts with a lot size of two acres or less may erect fences in accordance with § 165-62C(1) and (2) below.
C. 
Provisions applicable to the NR, MR and WR Districts.
(1) 
Fences on properties in the Neighborhood Residential (NR) and Multifamily Residential (MR) Districts may be erected up to a height of six feet within the side and rear yards.
(2) 
Fences on properties in the Waterfront Residential (WR) District may be erected up to a height of four feet within the side and rear yards.
(3) 
All fencing in the WR District shall be constructed in a way to be transparent and open to protect and preserve views of the Lake Ontario waterfront.
(4) 
No fence more than three feet in height shall be erected in the front yard.
(5) 
Chain-link fences shall be permitted in the side and rear yards, and they shall be limited to four feet in height.
(6) 
Decorative fence posts may extend above the foregoing height limitations by no more than six inches.
D. 
Provisions applicable to nonresidential districts.
(1) 
A fence up to 10 feet in height, including a barbed-wire top or an electric-shock fence may be permitted in the Corridor Mixed-use (C-MU) and Light Industrial (LI) Districts upon approval of the Planning Board. In order to obtain approval, the applicant must demonstrate that any one of the following conditions exists:
(a) 
The fence is needed to prevent entry to an area which may be hazardous to the health, safety or welfare of a person or persons.
(b) 
The fence is needed to secure an area where materials and/or equipment are stored.
(c) 
The fence is needed to keep animals, other than common household pets, except in a kennel situation, from leaving the site.
(d) 
In the Board's opinion, other reasons are presented which, in the general community interests of public safety, justify the need for such a fence.
(2) 
If such fencing is approved by the Town Board, the fact that it is either barbed or electrified shall be clearly indicated on the fencing at intervals of not more than 75 feet.
A. 
No filling of earth or other materials to establish grades shall be allowed without a permit issued by the Planning Board.
B. 
Cutting and filling permits shall be required for filling and cutting of earth measured at greater than 50 yards or as determined by the Code Enforcement Officer.
C. 
All requests for cutting and filling permits shall be supported by a plan of action, complete with appropriate documentation to describe the size and type of the proposed operation. Four copies of the plan shall be submitted with the application to the Planning Board.
D. 
The following information shall be identified on the plan, drawn to scale, preferably one inch equals 50 feet, but no smaller than one inch equals 100 feet:
(1) 
North arrow.
(2) 
Property owner's name and address.
(3) 
Operator's name and address, if different from property owner.
(4) 
Property lines and dimensions and highway boundary lines.
(5) 
Existing grades based on USGS datum.
(6) 
Existing topography (woods, large trees, streams, ditches, swales, roads, structures, etc.) on the site to be filled, and on adjacent properties if within 20 feet of the property line.
(7) 
Proposed finished grades after filling is completed.
(8) 
Proposed entrance to dumping site, and method of controlling access, such as a fence and gate, to prevent unauthorized dumping.
(9) 
Estimate of the volume (cubic yards) of fill to be placed.
(10) 
Approximate timetable for the operation.
(11) 
Statement as to the type of materials to be placed.
(12) 
Type and thickness of final cover material and topsoil and seeding mixture.
(13) 
Reasons for filling.
(14) 
Show typical cross section of fill area.
(15) 
Show on plan and notes how erosion is to be controlled.
(16) 
All maps and supporting documentation shall be prepared by a licensed surveyor or engineer.
E. 
The owner of the site and/or the operator of the fill shall be present at the Planning Board meeting to present the application and to respond to questions.
F. 
The Planning Board may consult with other Town boards, agencies and consultants prior to reaching a decision on the proposed action.
A. 
This shall apply to all landscaping for nonresidential uses and lots in the C-MU, N-MU and LI Districts.
B. 
All plants (including grass) shall be living plants. Artificial plants shall be prohibited.
C. 
Plants native to Upstate and Central New York are required.
D. 
Front yard and Foundation Landscaping.
(1) 
Front yard and foundation landscaping must be provided. Foundation landscaping shall be provided in the form of a continuous five-foot (minimum) landscape area around the full perimeter of the building, excluding pedestrian and vehicle access points.
(2) 
Front yard landscaping and building foundation landscaping shall include a combination of trees, flowering shrubs, perennials, and ground covers.
(3) 
Foundation landscape areas shall be 100% planted along the front, 50% planted along each side and 25% planted in the rear.
E. 
A minimum of 80% of surface area shall be covered by living materials for all areas where landscaping is required. Living materials shall not include mulch, bark, gravel or other non-living material.
F. 
Deciduous trees shall be a minimum of 1.5 inch caliper at the time of planting, and eight feet in height at the time of planting.
G. 
Evergreen trees shall have a minimum height of five feet at the time of planting.
H. 
Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended, unless advised by the Town based on site conditions or circumstances.
I. 
Upright shrubs shall be a minimum of 24 inches in height and spreading shrubs, deciduous or evergreen, shall be a minimum of 15 inches in diameter.
A. 
No business use operating in a Neighborhood Mixed-Use (N-MU) District shall be open to the public during the hours of 8:00 PM to 8:00 AM.
B. 
Hours of operation for nonresidential uses in all other districts shall be determined through the site plan review process by the Town's Planning Board.
A. 
In all districts there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article. None of the off-street parking facilities as required herein shall be required for any existing building or use, unless said building shall be enlarged or the use of land changed. In such cases, off-street parking facilities shall be provided as hereinafter specified for the building as enlarged or to accommodate the needs of the new use. The requirements for off-street parking shall not apply to spaces used for the display of motor vehicles offered for sale, provided that such spaces are not used for or made available for customer, employee, or other visitor parking.
B. 
Parking design and access.
(1) 
Off-street parking spaces shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter a parking space shall not be less than nine feet in width and 18 feet in depth exclusive of accessways and driveways.
(2) 
Off-street parking areas for nonresidential uses shall provide an additional area of 100 square feet of area per off-street parking space to provide sufficient area for access drives and aisles.
(3) 
All off-street parking space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.
(4) 
All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Planning Board during the site plan review process.
(5) 
Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.
(6) 
Access for nonresidential parking areas shall consist of at least one drive aisle 15 feet in width for parking areas with fewer than 20 spaces and at least two drive aisles 10 feet in width for parking areas with more than 20 spaces.
(7) 
Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers, in compliance with provisions of the Town Fire Code.
(8) 
Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 5% of those spaces, up to a maximum of 10 spaces, as only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall comply with ICC/ANSI A117.1 and shall be at least 11 feet in width and 18 feet in depth.
C. 
Parking location.
(1) 
Front yard parking shall be prohibited in the N-MU and C-MU Districts.
(2) 
Parking within the N-MU and C-MU Districts shall be in either the side or the rear yards of the property.
(3) 
Side yard parking shall be setback a minimum of 10 feet behind the front building facade.
(4) 
Off-street parking for single-unit and two-unit residential dwellings shall be provided on a driveway which provides access to such residences or a garage which is accessory to such residential uses.
(5) 
No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line, or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located.
D. 
Shared parking.
(1) 
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.
(2) 
The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. Said document shall bind the owner, his heirs and assigns to maintain the required joint use throughout the life of such uses and shall be approved by the Town Attorney.
E. 
Screening and landscaping.
(1) 
Whenever a parking area for a nonresidential building or use faces a street or a property line, a planting area of a minimum width of eight feet with plantings at least three feet high planted at least three feet on center shall be provided between the parking area and the street line or property line. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review.
(2) 
Whenever a parking area abuts a residential use or district, a planted buffer shall be provided. Landscaping utilized for this buffer shall not be less than four feet in height and spaced at least three feet apart on center. The planted buffer area shall not be less than 10 feet in depth.
F. 
Lighting.
(1) 
All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
(2) 
Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.
G. 
Required off-street parking spaces.
(1) 
When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.
(2) 
In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the Planning Board during the site plan review process. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.
(3) 
The minimum number of off-street parking spaces for specific uses as regulated in this chapter is contained in the table below.
(4) 
If any proposed use is not specifically identified herein, the Planning Board shall determine the number of parking spaces to be required for such proposed use.
Residential
Parking Required
Single-unit home
1.5 spaces per unit
Two-unit home
1.5 spaces per unit
Multi-unit home
1.5 spaces per unit
Bed-and-breakfast
3 spaces for guests + 1 for each nonresident employee
Home business
2 spaces for client use + 1 for each nonresident employee
Short-term rental (STR)
1 space per unit rented
Non-residential
Parking Required
Industrial use
1 per 1,000 sf of building area
Membership club or social center
1 per 200 sf of building area
Motor vehicle use
1 per 200 sf of building area
Personal service shop
1 per 500 sf of building area
Professional office use
1 per 500 sf of building area
Restaurant
1 per 200 sf of building area
Retail use
1 per 500 sf of building area
Public and Institutional Uses
Parking Required
Auditorium, church, theater, assembly hall
1 per 500 sf of building area
Hospital, nursing home, convalescent home
1 per 500 sf of building area
Membership club or social center
1 per 200 sf of building area
Public facility
1 per 500 sf of building area
Parks and outdoor recreation
5 spaces for each gross acre of land up to 50 acres and 1 space per gross acre of land above 50 acres
School
1 per 2,000 sf of building area
H. 
Loading regulations.
(1) 
For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be adequate space provided and permanently maintained for loading and unloading berths provided on the same lot with such building. Such berths shall be located in order to avoid undue interference with the public use of streets, alleys or off-street parking areas and provided in accord with the following standards:
(a) 
4,000 to 25,000 square feet: one space.
(b) 
For each additional 25,000 square feet: one space.
(2) 
The loading berth in each instance shall be not less than 12 feet in width, 55 feet in length and 14 feet in height.
(3) 
No commercial vehicle with a load capacity of more than two tons shall be parked out of doors overnight or on Sunday in a residential district. No such vehicle shall be parked in any district for the purpose of displaying a commercial speech sign.
A. 
Use of nonconforming lots of record.
(1) 
A nonconforming lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot and provided that the minimum area and lot width for such lot shall be as follows:
(a) 
20,000 square feet of area and 100 feet of width in residential and industrial districts;
(b) 
12,000 square feet of area and 80 feet of width in business and commercial districts; and
(c) 
All other provisions of this chapter are adhered to.
(2) 
No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.
(3) 
A permit for the use of preexisting lots which are less than the lot area and width specifications described above may only be issued following the approval of a variance by the Zoning Board of Appeals.
B. 
Yard regulations.
(1) 
In the case of lots which comply with the provisions for modifications as specified in § 165-65A above, the minimum side yard setback shall be equal to 10% of the lot width. In no case, however, shall the minimum side yard setback be reduced to less than 10 feet.
(2) 
In the case of lots which comply with the provisions for modification of § 165-65, the minimum rear yard setback shall be no less than 10% of the lot depth. In no case shall the minimum rear yard setback be less than 10 feet in residential, business and commercial districts, and 15 feet in industrial districts.
(3) 
The side and rear yard setback reduction shall apply only if the provisions that qualify an existing lot of record set forth in § 165-65 are in place. The provisions set forth in this article are applicable irrespective of whether the existing lot is undeveloped or used for an approved purpose.
(4) 
Permits for setbacks that would be less than those specified herein may only be issued following the approval of a variance by the Zoning Board of Appeals.
(5) 
In residential districts where the frontage on the same side of the street within 500 feet of the subject parcel is 50% or more developed, the required front yard setback for a new structure may be modified to the average for such existing development. Otherwise, the requirements of the schedule shall apply.[1]
[1]
Editor's Note: See Art. III for minimum lot size and yard requirements for each zoning district.
C. 
Height regulations.
(1) 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos and other buildings not used for human occupancy.
(2) 
Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 30 feet.
(3) 
The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornamental purpose which may extend above the height limits of this chapter by up to five feet.
(4) 
Public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side and rear yard setbacks are increased by two feet for each one foot of such additional height up to a maximum height of 50 feet and provided that there are on-site fire protection facilities, approved by the Code Enforcement Officer.
A. 
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year, except for:
(1) 
Public bridges, public water works and other municipal or public utility facilities.
(2) 
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
B. 
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
C. 
No movement of earth or fill shall be permitted at any time in any district which adversely affects conditions on any other property.
D. 
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
A. 
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding three feet.
B. 
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
C. 
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding four feet, provided that such features do not occupy in the aggregate more than 1/3 of the length of the building wall on which they are located.
D. 
Patios may be located anywhere within the required side yards, provided that they are at grade. Raised decks and patios shall not be closer than 10 feet to any adjacent property line.
A. 
Purpose.
(1) 
There are some parcels within the Corridor Mixed-Use (C-MU) district that are large and narrow lots, which extend across multiple zoning districts. These parcels are large enough to be occupied by more than one building now or in the future. The regulations in this section are intended to ensure that traditional strip commercial centers are avoided and a horizontal mixing of land uses can be permitted to encourage varied development on parcels which stretch across more than one zoning district.
B. 
Site layout and building orientation.
(1) 
All primary and pad site buildings shall be arranged and grouped close to front primary streets.
(2) 
All primary and pad site buildings shall frame and enclose parking areas, public spaces, plazas or other site amenities on at least three sides.
C. 
Pad sites and buildings.
(1) 
The number, location and design of independent pad sites shall reinforce rather than obscure the identity and function of the primary commercial development.
(2) 
To the maximum extent practicable, pad sites shall be clustered together to define street edges and entry points or to enclose and create usable places between buildings. The even dispersal of pad sites in a widely-spaced pattern within the development, even if along the street edge(s), is discouraged.
(3) 
Wherever practicable, spaces between adjoining pad site buildings should be improved to provide small pockets (preferably heavily-landscaped) of customer parking, pedestrian connections, small-scale project amenities, or focal points. Examples include but are not limited to:
(a) 
A landscaped pedestrian walkway linking customer entrances between two or more pad site buildings;
(b) 
A public seating or outdoor eating area;
(c) 
An area landscaped with a variety of plant materials emphasizing four-season colors, textures and varieties; or
(d) 
Sculptures or fountains.
D. 
Freestanding kiosks and automated teller machine (ATM) structures.
(1) 
All kiosk-type buildings and structures shall be integrated with the overall commercial or center development, and shall be subject to the same guidelines as all other buildings within the development.
(2) 
Freestanding kiosks and drive-up ATM structures shall not be located along the primary access street frontage.
(3) 
Access to a freestanding kiosk or drive-up ATM structure shall not be from the adjacent public streets. Access shall be from drives and streets internal to the development.
(4) 
Freestanding kiosks and drive-up ATM structures shall comply with the building design standards applicable to pad sites set forth in.
E. 
Self-storage facilities.
(1) 
Self-storage facilities shall only be permitted in the C-MU District as one structure or building which is part of a multi-building development on a single lot or property.
(2) 
Self-storage facilities shall not be permitted to front the street in the C-MU District and shall be located in the rear of multi-building developments.