Town of Irondequoit, NY
Monroe County
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Table of Contents
Table of Contents
[Added 2-12-1991 by L.L. No. 1-1991]
A. 
Definition. A "recreational ramp" is defined as any structure or improvement which is used for the purpose of riding or propelling wheeled vehicles, including, but not limited to, skateboards, bicycles, motorcycles, motorized bicycles, roller skates or such other similar vehicles or devices. Small skateboard units commonly known as "quarter-pipes" or other similar structures that are easily portable by an individual under his or her own power are excluded from this definition.
B. 
General provisions.
(1) 
The use and construction of recreational ramps is prohibited in R-R, R-1, R-2, R-3, R-4, R-5 and R-6 Zoning Districts.
(2) 
The use and construction of recreational ramps is allowed in C, WD, OS and M Zoning Districts.
(3) 
Any recreational ramp, as defined in this chapter, shall be deemed an accessory structure or use under all applicable provisions of this article and shall not be constructed or maintained unless it conforms to all applicable provisions of this article and other provisions of this Code.
C. 
Regulations.
(1) 
Permit required. No such structure shall be constructed, where permitted, without a building permit issued by the Code Enforcement Division of the Town of Irondequoit.
(2) 
Plans to be filed. No permit shall be issued for the construction or use of recreational ramps without site plan approval by the Planning Board pursuant to Article XV.
(3) 
Structural stability. The ramp(s) shall be structurally stable, and such determination shall be made by the Building Inspector on any of the following basis:
(a) 
A certification by a professional engineer or architect licensed by the State of New York.
(b) 
Manufacturer's warranty, if any.
(4) 
Use and maintenance. Such recreational ramp(s) shall be used and maintained in such a way as not to be detrimental to the health and safety of any individual or be contrary to public welfare because of their hours of operation, noise level, location and type of outdoor lighting and/or conduct of the person(s) using such ramp(s).
D. 
Waiver by Board Appeals. The Zoning Board of Appeals may, upon appeal by an owner/operator, grant variances from provisions of this section in accordance with the provisions of § 267 of New York State Town Law, as amended or changed, and upon a determination that the privacy, use, quiet enjoyment and value of the neighboring properties shall not be adversely affected thereby.[1]
[1]
Editor's Note: Former § 130.60E, which regulated preexisting recreational ramps and immediately followed this subsection, was deleted 2-4-1997 by L.L. No. 1-1997.
A. 
Where permitted. Notwithstanding any other provisions in this chapter, townhouses, as defined in this chapter, may be permitted in the R-4, R-5 and R-6 Residential Districts in accordance with the following procedures and conditions.[1]
[1]
Editor's Note: Former § 130.35B, C and D, which established the procedure for review of a development permit for townhouses and immediately followed this section, was deleted 2-4-1997 by L.L. No. 1-1997.
B. 
Development standards. No townhouse or clusters of townhouses shall be erected or existing structures altered or reconstructed to become such, except in accordance with the following criteria:
(1) 
Density. The overall density shall not exceed seven dwelling units per acre.
(2) 
Area. Area requirements shall be as follows:
(a) 
Minimum lot area: 2,200 square feet.
(b) 
Minimum lot width: 22 feet.
(c) 
Maximum lot coverage: 50%.
(d) 
Maximum building height: 30 feet, with no more than two floors of habitable space above ground level.
(e) 
Minimum unit size: 960 square feet.
(f) 
Minimum roof pitch: one foot in four feet.
(g) 
Maximum length of building: 176 feet, with a minimum of six feet of change in the building front line setback every two units.
(h) 
Minimum dimension between townhouses: 40 feet between principal buildings.
(i) 
Minimum parking requirements: two spaces per unit, including at least one enclosed garage space per unit.
(j) 
Setbacks, including accessory buildings, shall be as follows:
[1] 
Front yards. No building or part thereof shall be erected or altered in this district to be nearer to the private street line upon which it fronts than 20 feet. No building or part thereof shall be erected or altered in this district to be nearer than 60 feet to the street line of a public or dedicated road upon which it fronts. If any building erected in this district faces a public or dedicated road, the opposite side of which is either a R-1, R-2 or R-3 Residential District, the front yard setback shall be that which is required by that residential district.
[2] 
Side yards. A side yard setback of 25 feet is required from the line of a private road on each corner lot and/or 60 feet from the line of a public or dedicated road. A side yard setback of at least equal to the height of the highest adjacent building and no less than 40 feet shall be required between building groups.
[3] 
Rear yards. A setback of at least 40 feet from any other structure or any external boundary line is required on each lot.
[4] 
Other setbacks. A setback of at least 50 feet where any lot line of the development area abuts a R-1, R-2 or R-3 Residential District shall be required.
(3) 
Permitted accessory structures and uses. The following accessory structures and uses are permitted subject to the review of the Planning Board of the site and as hereinafter provided. No accessory structure shall exceed 15 feet above grade level.
(a) 
Private garages.
(b) 
Group swimming pools. Pools shall be permanently installed and shall be subject to provisions of § 235-71 of this chapter, except that any pool proposed as an integral part of a townhouse project may be approved by the Planning Board as a part of its site plan approval.
(c) 
Parks, playgrounds and play areas, to include structural facilities incidental to such areas such as rest rooms, bathhouses and clubhouses, which facilities are limited to those that are owned in common interest.
(d) 
Maintenance buildings.
(4) 
Sidewalks. Sidewalks shall be installed so as to permit pedestrian access to all areas of the development, including each dwelling unit and all recreational areas. Sidewalks shall have a minimum width of four feet and shall conform in all other ways to the Town of Irondequoit regulations.
(5) 
Private roads. All private roads within the development shall be constructed and surfaced with asphaltic or portland cement binder pavement. The paved portion of the road shall have a minimum width of 22 feet, with adequate gutters or curbs for surface water control.
(6) 
Streetlighting. Streetlighting shall be provided.
(7) 
Recreational areas. An area or areas equal to at least 200 square feet per dwelling unit shall be provided for recreational use and shall be so designated on the site plan.
(8) 
Maintenance. The project developer must be able to show the Planning Board a feasible method of assuring that all common lands in the development are properly maintained, to include mowing and other landscape services, removal of snow and all other project needs. No project approval can be granted without documented evidence that satisfactory maintenance will occur.
(9) 
Site development plan requirements. Site plan requirements shall be as set forth in Article XV.
[Amended 2-4-1997 by L.L. No. 1-1997]
(10) 
Conformance certification. Upon completion of the project or any stage thereof for which the developer shall seek a certificate of occupancy certifying satisfactory completion of the project or portion thereof, the developer shall submit a certificate of his or her registered architect or licensed engineer in a form satisfactory to the Building Inspector that the completed project, or portion thereof, conforms to the plans therefor reviewed by the Planning Board and approved by the Town Board. Upon receipt of such certification and based upon required reports of Town Board or other officials, the Building Inspector shall issue a certificate certifying the completion of the townhouse development, or portion thereof, and shall note the issuance of the certificate on the recorded final site development plan.
A. 
Special use permit required. A special use permit may be granted by the Town Board, after a public hearing, for the establishment of a mobile home park where such park is found by the Town Board to comply with the purposes and standards of this chapter and the Comprehensive Plan of the Town of Irondequoit.
B. 
Purpose. This chapter recognizes that mobile homes are a means of meeting housing needs and that a mobile home park may be permitted by the Town Board where the Town Board determines that such park is appropriate and in conformance with the requirements of this chapter.
C. 
Location. A mobile home park may be established in any R-4 or R-5 Residential District. Mobile homes shall not be located on any premises within the Town of Irondequoit except in a mobile home park.
D. 
Permitted uses. Within any mobile home park, no building, structure, lot or land shall be used for other than one or more of the following uses:
(1) 
Mobile homes as single-family units.
(2) 
Those permitted and accessory uses permitted in the residential district in which the mobile home park is located.
E. 
Design standards.
(1) 
Site dimension, design and construction.
(a) 
The mobile home park shall be no less than 20 acres in size.
(b) 
The maximum number of mobile home lots in a mobile home park shall not exceed the number of single-family units which, in the opinion of the Town Board, would be permitted under the requirements of the residential district in which the site is located.
(c) 
All mobile homes and accessory structures shall be set back at least 70 feet from the right-of-way line of any public street and 40 feet from all other property lines.
(d) 
The site shall have a street system with paved roadways a minimum of 22 feet wide, giving access to all mobile homes spaces and at least two access drives to and from the public street. A system of walkways a minimum of two feet in width shall also be provided along interior streets and leading to public open spaces.
(e) 
Mobile home lots shall have the following sizes and setbacks: a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet (larger minimum lot dimensions may be required where the Board of Appeals considers the establishment of large lots necessary to preserve the character of the general area); a setback of 25 feet from mobile home park streets; and a minimum separation of 50 feet between structures on adjoining lots.
(f) 
Design and construction of mobile home parks shall conform to applicable building regulations and generally accepted standards for mobile home parks.
(g) 
Open areas shall be adequate to assure privacy, natural light and ventilation for each mobile home and sufficient for essential outdoor uses.
(h) 
Community structures shall be structurally sound and appropriate for their intended use and location.
(i) 
Community areas, including community facilities, shall be appropriate for their intended use and location.
(j) 
Fences, walls and other minor constructions shall be capable of sustaining anticipated loads.
(k) 
Swimming pools, playground equipment, etc., shall be designed so as not to be a potential hazard.
(l) 
Walks, driveways and parking spaces shall be provided with paved and durable surfacing so as to provide safe and easy access under normal use and weather conditions.
(m) 
Wires installed above driveways and parking spaces shall have a clearance of not less than 18 feet.
(n) 
Artificial lighting shall be provided to illuminate walks, driveways and parking spaces for the safe movement of pedestrians and vehicles at night.
(o) 
Each mobile home lot shall have:
[1] 
A twelve-foot wide driveway from the street.
[2] 
A mobile home stand capable of retaining the mobile home in a fixed position. Such stand shall be adequately compacted and at such elevation, distance and angle, in relation to the accessway, as to facilitate the safe and efficient placement and removal of the mobile home.
[3] 
A four-inch concrete patio, with minimum dimensions of 10 feet by 18 feet located so as to provided safe and easy access from the mobile home.
[4] 
An inconspicuous fuel oil storage shelter.
[5] 
Suitable utility connections as specified.
(p) 
The following facilities shall be provided in the mobile home park:
[1] 
An equipped recreation facility with an area of 50 square feet per mobile home lot in the park, but not less than 1/2 acre.
[2] 
Centrally located public telephones, separate emergency sanitary facilities for men and women and emergency public water supplies.
[3] 
A fire protection system in accordance with the standards of the Fire Prevention Code applicable to the Town of Irondequoit.[1]
[1]
Editor's Note: See Ch. 98, Building Construction and Fire Prevention.
(2) 
Utilities.
(a) 
Each mobile home lot shall be provided with a water supply connection, sanitary drainage connection and an electrical receptacle.
(b) 
Utility connections, including gas connections, where provided, shall be readily accessible at the mobile home stand and shall have the means for safe and efficient hookup to the mobile home.
(c) 
Water supply systems shall be designed to provide a sufficient supply of potable water under adequate pressure to outlets servicing mobile homes, community structures, drinking fountains, hose connections, hydrants, etc.
(d) 
Where a public water supply system is not available, an adequate private water supply system, approved by the appropriate authority having jurisdiction, shall be provided.
(e) 
Water supply connections shall be located a safe distance from sanitary drainage connection and shall not be subject to surface drainage. Means shall be provided for a suitable watertight connection, without cross-connection and danger of freezing.
(f) 
A sewage disposal system shall provide each mobile home and community structure containing plumbing fixtures with an adequate and safe method of sewage disposal.
(g) 
No sewage from a plumbing system shall be disposed into the waters of the State of New York, except where specially approved by the authority having jurisdiction, in accordance with Article 17 of the Environmental Conservation Law.
(h) 
Where a public sewage disposal system is not available, an adequate private sewage disposal system, approved by the appropriate authority having jurisdiction, shall be provided.
(i) 
Sanitary drainage connections shall be at proper locations relative to the mobile home, and piping shall have a continuous grade to the point of disposal. Drainage connections shall be provided with suitable fittings to permit a watertight junction to be made with the mobile home outlet.
(j) 
Gas connections, if provided, shall have a suitable gastight connection to the mobile home.
(k) 
The electric system connection shall provide at least 50 amperes of current at 100-115/220-250 volts. The receptacle or terminal box shall be of an approved weatherproof-type. Such receptacle shall have provision for an equipment ground.
(l) 
A mobile home park shall be provided with facilities for the safe and efficient storage of required fuels.
(m) 
Liquified petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home structure, building and lot line and shall not be subject to damage from moving vehicles.
(n) 
Fuel oil and other flammable materials shall be stored as not to be a fire hazard.
(3) 
Stormwater drainage.
(a) 
The mobile home park shall have adequate facilities for drainage of surface and subsurface water.
(b) 
Grading of the entire property shall be such as to facilitate the safe and efficient drainage of surface water.
(c) 
Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where deemed necessary.
(4) 
Garbage and refuse.
(a) 
Adequate sanitary facilities and methods shall be provided for the collection, storage, handling and disposal of garbage and refuse.
(b) 
Garbage and refuse collection points shall be so located that no mobile home is more than 150 feet from such point.
(5) 
General regulations.
(a) 
The operation and maintenance of a mobile home park shall comply with all other provisions of this Code.
(b) 
No occupied travel or vacation trailer or other form of temporary type living units shall be permitted in a mobile home park.
(c) 
Accessory structures shall be of durable construction and appropriate for intended use and location. Such structures shall meet all setback requirements.
F. 
Permit approval procedure.
(1) 
The establishment of a mobile home park shall require approval by the Town Board of the mobile home park after review by the Planning Board of the site development plan for the park.
(2) 
The Town Board shall not act to approve any application for a mobile home park unless it determines that such park will serve to implement the intent and purposes as set forth in this section and the Comprehensive Plan of the Town of Irondequoit; that the location proposed for the mobile home park is suitable and appropriate for such a park; and that such park is otherwise in the public interest. Such conditions and safeguards shall be attached to the authorization as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements.
(3) 
The application for establishment of the park shall include a site development plan prepared in accordance with the requirements of Article XV. Approval of the park shall be in conformance with the requirements of the development standards of this section, all other applicable provisions of this Code and additional conditions established by the Town Board in approving the mobile home park.
[Amended 2-4-1997 by L.L. No. 1-1997]
[Added 5-18-1978 by L.L. No. 3-1978]
A. 
Public hearing required. No structure shall be relocated into or within the Town of Irondequoit in any zoning district without first obtaining a building permit after referral to the Planning Board for its recommendation and a public hearing before and approval by the Town Board. The procedures in Subsection B of § 235-66 shall be followed as much as practicable, but the Planning Board and the Town Board may waive any of the procedures that are not appropriate or applicable to the relocation of a structure.
B. 
Exceptions. The following structures are not subject to this section, provided that they do not constitute an oversize load pursuant to the Vehicle and Traffic Law:
(1) 
Small utility shed.
(2) 
Swimming pool.
(3) 
Preexisting garage.
C. 
Application fee. A fee set in accordance with § 1-18 to defray the expenses of the Town in processing the application under this section shall be paid.
[Amended 2-4-1997 by L.L. No. 1-1997]
[Amended 8-18-1998 by L.L. No. 1-1998; 2-13-2001 by L.L. No. 1-2001]
A. 
Purpose.
(1) 
It is the purpose of this section to regulate the location and height of fences in all zoning districts and it shall apply to fences, walls and any other similar construction.
(2) 
The intent of this section is to provide uniform enhancement, security and privacy to property. Fencing which legally existed prior to the adoption of this section (1964) may continue as long as it is kept in substantial repair. The replacement or repair of such fencing may occur only in-kind.
B. 
Definitions. Fences shall be defined and regulated by their function and purpose such as boundary, privacy, decorative and safety fences as defined in § 235-4 of the Zoning Ordinance.
C. 
General requirements.
(1) 
All fences, with the exception of snow fences as defined in this section, shall require a building permit.
(2) 
All fencing must be constructed within property boundaries.
(3) 
Proposed fencing over Town easements within property boundaries are subject to approval from the Department of Public Works.
(4) 
Fencing shall be constructed of materials commercially available for fencing purposes and shall be uniform in appearance.
(5) 
The most finished side of a fence must face the adjoining property.
(6) 
Height of fencing is to be measured from the top of the fence to the ground directly beneath the fence.
(a) 
Fencing must follow the natural contour of the land.
(b) 
Commercially manufactured decorative caps located on top of the fence posts shall be excluded from the height measurement, but posts and caps shall not exceed 12 inches in height and width.
(7) 
Where a side yard of a lot abuts a rear yard of another lot, fencing may be permitted to be six feet high.
(8) 
No back-to-back boundary fences shall be permitted unless an abutting fence is owned by an adjacent property owner.
(9) 
Snow fences for the purposes of providing a wind block for drifting snow shall be permitted between November 1 and April 15. A three-foot setback from the front property line shall be required for all such fencing. Placement of such fencing shall not cause drifting snow on adjacent property or public sidewalks and streets.
(10) 
Barbed wire and electrified fences shall be subject to Zoning Board of Appeals' approval prior to the issuance of a permit.
(11) 
Single strand wire fences or anchoring of any fence post by means of a guy wire or guy wires shall be prohibited.
(12) 
Fence height on vacant lots shall be limited to four feet in height. Such fencing shall not extend beyond the average front setback of adjoining dwellings on either side.
(13) 
For the purposes of regulating fencing, a lot which adjoins a limited access highway shall be regarded as an interior lot and not as a through lot or corner lot.
(14) 
A 30-foot setback from the front and back property line shall be required for all "through lot" fencing. Through lot fencing shall be limited to a maximum height of four feet in height.
D. 
Boundary fences. Four-foot-high side yard fencing shall be permitted from the front foundation line of the principal building to the rear lot line. Six-foot rear yard fencing shall be permitted from the rear foundation line of the principal building to the rear lot line. The front foundation line shall be defined as the portion of the principal building that is nearest the side and front lot lines as measured from each side of the structure. The rear foundation line shall be defined as the portion of the principal building that is nearest to the side, rear and front lot lines as measured from each side of the structure. Attached garages shall be included in such measurements. Stoops, steps, open and enclosed porches and similar entranceways and decks shall not be considered in the setback determination.
E. 
Front yard decorative fencing.
(1) 
Front yard fencing shall not exceed 42 inches in height.
(2) 
Fencing must be of open-type construction (split rail, picket or the like). Solid and chain link type fencing shall not be allowed.
(3) 
Such fencing shall be limited to a maximum total length of 32 linear feet and set back a minimum of three feet from the front property line to allow for safe visual clearances and sidewalk snow removal.
F. 
Corner lots. Rear and side street yard fencing on a corner lot shall be permitted to extend toward the street for purposes of boundary fencing, provided that a minimum setback of three feet from the property line which parallels the street is maintained. The height of fencing shall be as set forth in Subsection D above, with the narrower lot frontage treated as the front.
G. 
Privacy fencing. Privacy fencing within the buildable area (area within the setback lines) for primary structures on a lot may be a maximum of eight feet high in the rear yard only.
H. 
Fences located on decks. A fence may be erected on a deck provided that said fence:
(1) 
Is located in the rear yard.
(2) 
Complies with setback regulations for the principal buildings.
(3) 
Does not exceed six feet in height as measured from the top of the fence to the walking surface of the deck beneath the fence.
I. 
Nonresidential use on property. Fencing to be located on a property used for other than a single-family and two-family residence shall be subject to site plan approval by the Planning Board. Exceptions for repair or replacement of existing conforming fencing may be made by the Director, and/or his or her designee.
J. 
Deer protective fencing. No permit shall be required; however, the location, type and design of such fence shall be subject to review and approval by the Director.
K. 
Walls.
(1) 
Walls or retaining walls which are under 18 inches in height shall be exempt from the requirements of this section.
(2) 
All retaining walls exceeding 18 inches in height designed to retain earth shall require a building permit and must comply with the following requirements.
(3) 
Manufactured walls. The property owner must provide written proof to the Town's Building Department that the installer will construct such walls according to the manufacturer's specifications and accepts all liability in the event of failure.
(4) 
A professional engineer's or registered architect's original seal and signature shall be required on drawings submitted for a building permit for nonmanufactured walls.
(5) 
Walls, regardless of the location, shall be exempt from the height restrictions of fences as long they are designed to retain earth on property slopes. The grade can not be changed to accommodate such walls and drainage courses must be considered during design so as to not affect adjoining property.
(6) 
Walls which will affect the toe of a slope in a steep slope EPOD area and are greater than four feet in height shall be subject to an EPOD permit approval by the Planning Board prior to the issuance of a building permit.
L. 
Maintenance.
(1) 
Fences, walls and other similar construction must be maintained at all times in good and substantial condition. Dilapidated, rotted, rusted and broken fences and walls must be repaired, replaced or removed.
(2) 
Metal fences subject to rust must be painted with a protective covering that is uniform in appearance.[1]
[1]
Editor's Note: Former § 130.63, dumping grounds, which immediately followed this section, was deleted 2-4-1997 by L.L. No. 1-1997.
A. 
In any residential district, no lot may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink, skunks or any fur-bearing animals, unless application is made to and a special use permit is granted by the Board of Appeals, subject to such terms and conditions as may be appropriate in the particular case, and in conformity with the following subsection.
B. 
The Board may consider, where it is material in each case and among the other relevant factors, any danger to neighboring property, noise or offensive emission of odors or fumes and any detriment to the health, safety, morals or the general welfare of the community and whether such use is appropriate to the particular location. Notwithstanding the foregoing, nothing herein contained shall prohibit the raising or harboring of domestic animals or poultry on any farm within the Town of Irondequoit, as defined in this chapter (see § 235-4).
A. 
Accessory structure. Any swimming pool, as defined in this chapter, shall be deemed an accessory building or structure under all applicable provisions of this chapter, and no such swimming pool shall be constructed or maintained unless such pool conforms to applicable provisions of this chapter and other applicable provisions of this Code.
B. 
Plans to be filed. No permit shall be issued for the construction or maintenance of any such swimming pool unless or until the construction plans, plumbing plans, filtering system plans and a location map have been filed with the Building Inspector in conformity with the following provisions:
(1) 
The swimming pool and appurtenances thereto shall be so located as to conform to the setback provisions of this chapter as they apply to accessory buildings, i.e., not less than four feet from any side line or rear line. The distance from any other building or structure on the premises shall not be less than four feet from the pool apron or deck, whichever is closest.
(2) 
Percentage of lot occupancy. The area of the principal and accessory buildings (inclusive of in ground or permanent aboveground swimming pools) on any lot measured horizontally shall not exceed 50% of the area of the lot. This condition may be waived for portable aboveground swimming pools, provided that all other requirements are in compliance.
(3) 
Fencing. Swimming pools shall be enclosed by a fence or other barrier meeting all applicable requirements of the Residential Code of New York State and shall otherwise comply in all respects with such Residential Code.
[Amended 2-4-1997 by L.L. No. 1-1997; 7-17-2007 by L.L. No. 4-2007]
(4) 
The drainage facilities for such pool shall not interfere with the public water supply system, existing drainage and sewage facilities, the property of others or with the public highways.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(5), regarding the structural stability of a pool, was repealed 7-17-2007 by L.L. No. 4-2007.
(6) 
The filtering equipment shall be adequate to permit the maintenance of good quality water in the pool. The Building Inspector shall be governed by the recommendations or the approval of the appropriate Health Department.
(7) 
The use or maintenance of swimming pools shall comply with the following in such character, intensity and duration as not to be detrimental to the life or health of any individual or contrary to the public welfare, as herein set forth.
(a) 
Lighting. Any outdoor lighting used or maintained in connection with a swimming pool of any type must be so placed or positioned that the directed light therefrom is not directed toward any abutting properties.
(b) 
Noises.
[1] 
The operation of any radio, phonograph or other electronic device in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence shall be prohibited.
[2] 
No person using a private swimming pool shall indulge in disorderly or noisy or disturbing conduct or act in any manner as to annoy, disturb or be offensive to any neighboring householder.
C. 
Waiver by Board of Appeals. The Board of Appeals may waive the provisions of Subsection B as to size and location of such pool, after a public hearing duly called for such purpose, upon a determination that the neighboring property shall not be adversely affected thereby.
D. 
Other pools or tanks. Any type of private pool, tank or other enclosure of water not defined as a swimming pool which, however, has electrical equipment shall require a permit which shall be issued in conformance with Chapter 98, Building Construction and Fire Prevention.[2]
[2]
Editor's Note: Former § 130.63E, which regulated existing pools and immediately followed this subsection, was deleted 2-4-1997 by L.L. No. 1-1997.
E. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E, Portable pools, was repealed 7-17-2007 by L.L. No. 4-2007.
F. 
Corner lot. Any swimming pool of any type installed or erected on a corner lot shall be contained within an area behind the building line as measured from each street. No pool shall be less than four feet from any property line.
A. 
Permit not required for certain structures. An antenna structure may be installed without necessity of a building permit on or at any building within the following limits:
(1) 
A maximum of 16 feet height above the roof or ridge pole shall be required, except that a single vertical pole may not exceed 21 feet above the roof or ridge pole.
(2) 
A freestanding antenna tower may not extend above the ground more than 21 feet.
B. 
When permit required. Any antenna structure exceeding the above height restriction and up to a forty-five-foot maximum requires submission of evidence of structural stability to the Building Inspector, and when acceptable, a building permit will be issued for the same. All structures shall be subject to a reasonable determination of structural stability by the Building Inspector. Specification of manufacturer may be used by the Building Inspector as a guide to determine structural stability. Alterations which do not affect structural stability will not require another permit.
C. 
Approval by Board of Appeals. Any antenna structure over 45 feet in height and exceeding the above restriction shall require submission of evidence of structural stability as in Subsection B above and approval by the Board of Appeals.
D. 
Preexisting structures. Preexisting antenna structures, including those on temporary permits, shall be permitted without the necessity of obtaining a building permit hereunder.
[Amended 8-18-1998 by L.L. No. 1-1998; 8-21-2001 by L.L. No. 10-2001]
There shall be no more than two dogs or three cats harbored per dwelling unit in any residential district in the Town of Irondequoit as an accessory use, except as follows:
A. 
Special use permit for three or more dogs or four or more cats. Harboring or keeping of three or more adult dogs (six months or older) or more than three adult cats (three months or older) shall require securing a special use permit from the Animal Control Officer. A special use permit shall be subject to revocation if, in the judgement of the Town Clerk or Animal Control Officer, the keeping of such dogs or cats shall constitute a public nuisance. Such permit shall be subject to review annually by the Animal Control Officer to ensure that the conditions of the special use permit are enforced.
(1) 
The Animal Control Officer may consider, where it is material in each case and among the other relevant factors, any danger to neighboring property or children, noise or offensive emission of odors or fumes and any detriment to the health, safety, morals or the general welfare of the community and whether such use is appropriate to the particular location.
[Amended 2-4-1997 by L.L. No. 1-1997]
The installation or alteration to increase the capacity of any flammable liquid storage tank or other containers in any zoning district shall not be made until a review and report is made by the Planning Board and the Fire Marshal certifies that the installation or alteration conforms to Chapter 98, Building Construction and Fire Prevention.
The total area devoted to driveway and parking for premises designed or used primarily for residential purposes shall not exceed 35% of the required front yard.
A. 
All properties or parcels of land within the Town of Irondequoit that contain at least 15 feet of shoreline frontage on either Irondequoit Bay or Lake Ontario shall be permitted those specific accessory structures listed in § 235-32C, subject to the regulations and restrictions listed in that section.
B. 
Any development proposed within the boundaries of the Town of Irondequoit's Local Waterfront Revitalization Program shall be subject to the applicable landscaping and buffering requirements for the particular land use and circumstances as listed in § 235-35.
C. 
Maximum building heights for those uses that are permitted within the Waterfront Development District but that are proposed in other zoning districts within the Town of Irondequoit's Local Waterfront Revitalization Program boundary shall be subject to the applicable restrictions outlined in § 235-33C. Any development that is proposed on property located within any zoning district included in the Town of Irondequoit's Local Waterfront Revitalization Program boundary shall also be subject to the requirements for submission of a visual resource analysis as part of the site plan review process and as described in Article XV.
D. 
Principal or accessory buildings or structures proposed for any properties or parcels of land within the Town of Irondequoit that contain at least 15 feet of frontage on Lake Ontario or Irondequoit Bay shall be required to maintain a minimum setback from the water's edge of 25 feet. In addition, maximum required setbacks of principle buildings and accessory structures on such properties shall be established by the Town of Irondequoit Planning Board during the site plan review process, with due consideration to the protection and preservation of sensitive environmental features and maintenance of the wooded character of the shore zone area, as well as scenic views and vistas.
E. 
Signage proposed for any development located on property that contains at least 15 feet of frontage on Lake Ontario or Irondequoit Bay shall be required to meet the requirements of § 235-32C(7).