[Amended 10-13-1977 by L.L. No. 7-1977; ; 11-9-1978 by L.L. No. 8-1978; 4-13-1988 by L.L. No.
2-1988; 7-26-1989 by L.L. No. 1-1989; 3-28-1990 by L.L. No. 2-1990; 2-13-1991 by L.L. No. 1-1991; 2-12-1992 by L.L. No. 1-1992; 11-13-1996 by L.L. No.
9-1996; 9-23-1998 by L.L. No. 2-1998; 4-14-1999 by L.L. No. 1-1999; 5-8-2002 by L.L. No. 4-2002; 6-23-2004 by L.L. No. 3-2004; 6-24-2009 by L.L. No.
1-2009; 2-24-2010 by L.L. No. 1-2010; 4-14-2010 by L.L. No.
3-2010; 8-10-2011 by L.L. No. 3-2011; 5-23-2012 by L.L. No.
1-2012; 9-12-2012 by L.L. No. 6-2012; 2-24-2016 by L.L. No. 2-2016; 8-22-2018 by L.L. No. 10-2018; 4-24-2019 by L.L. No. 9-2019; 12-18-2019 by L.L. No.
2-2020]
Except as otherwise expressly provided in this chapter:
A.
Use conforming.
(1)
No building, structure or land shall hereafter be used or occupied
and no building, structure or part thereof shall be erected, demolished,
moved or altered unless in conformity with the provisions of this
chapter and all other laws or regulations for the district in which
it is located.
(2)
No building or structure shall hereafter be erected or altered to:
(a)
Exceed the height, house or accommodate a greater number of
families, occupy a greater percentage of lot area or have narrower
or smaller rear yards, front yards or side yards than is specified
in this chapter for the district in which it is located.
(b)
Be less than one full story in height as defined in this chapter.
B.
Yards.
(1)
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.
(2)
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.
(3)
Any required yard shall be entirely open and unoccupied by buildings
other than:
(a)
Entrance porch or steps not over seven feet deep, front to rear,
in a frontyard.
(b)
Porches and terraces in side or rear yards, provided that they
are not covered nor enclosed and are no closer to the lot lines than
required by the setback restrictions applying to the district.
(c)
Detached accessory buildings occupying not over 25% of a required
rear yard and set back as required by this chapter.
C.
Fences, walls and hedges.
[Amended 3-8-2023 by L.L.
No. 1-2023]
(1)
The face side of any fence erected in any district shall face the
nearest abutting property, and all posts or supports shall be on the
inside of said fence unless said posts or supports constitute an integral
part of said face side.
(2)
No fence or wall more than three feet in height shall be erected
in front of the front setback line as defined herein.
(3)
No fence or wall more than six feet in height shall be erected in
the side or rear yard.
(4)
A building permit must be issued for the installation of any fence
and/or wall.
(5)
Any fence erected in a Commercial, Restricted Business, Industrial
or Limited Commercial District shall be subject to Planning Board
approval.
(6)
The provisions of the fence code do not apply to evergreen or solid-screen fence for a recreational vehicle (see Chapter 201).
(7)
Where land is used and occupied as a farm, such open-style fences
as shall be necessary to restrain livestock shall be permitted as
needed.
(8)
On corner lots in any district, no fence, wall or other structure
or hedges or other planting or vehicles, machinery or equipment more
than three feet above the level of the adjoining street shall be erected,
placed, maintained or parked within the triangular area formed by
the intersecting street right-of-way lines and a straight line joining
said street right-of-way lines in accordance with the following schedule:
|
Intersecting Streets*
|
Equilateral Legs of Triangular Area
(feet)
|
|---|---|
|
Arterial/arterial
|
75
|
|
Arterial/collector
|
50
|
|
Arterial/any other type
|
50
|
|
Collector/collector
|
50
|
|
Collector/minor
|
25
|
|
Collector/rural road
|
25
|
|
Collector/dead end
|
25
|
|
Rural road/rural road
|
25
|
|
Rural road/minor
|
25
|
|
Rural road/dead end
|
25
|
|
Minor/minor
|
15
|
|
Minor/dead end
|
15
|
(9)
On corner lots, the setback from the lot line abutting on each street
shall be the front setback required on that street or highway.
(10)
Preexisting conditions that complied with the code in existence
at the time of their installation may continue to exist, provided
that they:
(a)
Do not represent a public safety concern as determined by the
Commissioner of Public Works; or
(b)
Are not allowed to grow to impede the line of sight, and a clear line of vision is maintained below seven feet within the area defined in § 208-14C(8) above. Determination of such impediment shall be made by the Commissioner of Public Works.
D.
Odd-shaped lots.
(1)
Building in residential districts shall be permitted on odd-shaped
lots if said lot has a width of at least 50 feet at the front line,
provided that there is a width equal to the minimum lot width specified
in this chapter at the front wall of the building and said lot has
a minimum square foot area as specified in this chapter. All measurements
shall be on a straight line and not along arcs.
(2)
Flag lots. Flag lots may be permitted in residential districts, if
said lots have a width of at least 15 feet at the street line. The
access panhandle shall have a minimum width of 15 feet. The area in
the access panhandle shall not be used in calculating lot size unless
the total area of the parcel is five acres or more. The front setback
for a flag lot may be treated as a side setback as long as it is equal
to or greater than the applicable side setback in that district.
E.
Setback exceptions.
(1)
Where there are existing residential lots, other than corner lots,
approved by the Planning Board prior to June 22, 1954, which are smaller
in size than lots provided for in this chapter, the side setbacks
on said lots may be less than 15 feet, provided that each side setback
is at least 15% of the width of the lot at the building line, but
in no event shall said side setback be less than 10 feet. Any buildings
built on said lots must comply with the current minimum size and sanitary
sewerage requirements.
(2)
In residential districts, a porch or deck may project into the front
setback five feet or 10% of the required front setback, whichever
is greater.
[Amended 1-22-2020 by L.L. No. 1-2020]
F.
Junkyards. Junk- or scrapyards, automobile wrecking yards and the
storing, sorting and baling of scrap metal and rags are prohibited
in all districts. Any such uses which were legally permissible prior
to the date of adoption of this chapter, but are prohibited uses thereafter,
shall be discontinued and removed or changed to conforming uses within
three years from the date of the adoption of this chapter.
G.
A one-story accessory building is permitted in Residential AA, A,
B and C, Residential Transition 1-2-5, Residential Transition 2-5
and Residential Sensitive Districts, provided that there is an existing
residence on said lot and that the exterior is finished in conformity
with the style of said residence. These provisions shall not apply
to agricultural or farm lands or to Restricted Business, Industrial,
Mixed Use or Commercial Districts.
[Amended 3-8-2023 by L.L.
No. 1-2023]
(1)
Size. Accessory buildings may be up to 200 square feet or up to 1%
of the total lot area, whichever is greater. Such buildings shall
not exceed 1,200 square feet in area.
(2)
Location and setbacks. Accessory buildings shall be located in the
rear yard. Accessory buildings up to 200 square feet shall be no closer
than five feet to the rear property line and five feet to the side
property line. Accessory buildings over 200 square feet must comply
with the setbacks for the zoning district the property resides in.
(3)
Use. An accessory building shall not be used for living purposes/human
habitation.
H.
Utility services. All utility services and secondary distribution
lines or pipes serving the same shall be constructed underground,
except those necessary appurtenances thereto which are customarily
constructed above the ground.
I.
Use density. If the permitted use is first permitted in a district
with a lower density than in a less restrictive district, such lower
density will apply to such use.
J.
Prohibited uses. No use shall be permitted, the operation of which
normally results in any:
(1)
Dissemination of noise, vibrations, excessive light, dust, smoke,
fumes, odor or other measurable atmospheric pollutants beyond the
property line of the property in which such use is located.
(2)
Menace by reason of fire, explosion, atomic or induced radiation
or other physical hazards.
(3)
Light visible at the property boundaries when produced through the
use of oscillation, revolving, flashing or varying intensity light
sources, unless for public safety, or as required by state or federal
regulation, or as part of a seasonal holiday display. Any such lights
existing on the adoption date of this regulation shall be removed
within six months of said date.
K.
Movement of earth not to extend beyond property lines. No movement
of earth or erosion shall be permitted at any time in any district,
which adversely affects conditions beyond developable property lines.
L.
Commencement of construction. No site preparation or construction
shall be commenced until final subdivision approval has been granted
by the Planning Board and the subdivision map has been filed in the
Monroe County Clerk's office or site plan approval has been granted
by the Planning Board and all conditions of said approval have been
met by the developer. In special circumstances, the Planning Board
may grant approval for site preparation in advance of final approval
if the developer applies to the Planning Board for permission and
establishes good and sufficient reasons for so starting and furnishes
adequate surety for performance of the work.
M.
Exterior mechanical devices.
(1)
Nonresidential
district properties.
(a)
All ground-mounted exterior mechanical devices, such as commercial
refuse containers, ventilating and air-conditioning units (except
window and wall units), shall be enclosed and/or screened.
(2)
Residential
district properties.
(a)
All ground-mounted exterior mechanical devices, such as air conditioners,
heat pumps, and generators, must be located in a side or rear yard,
no closer than five feet from a property line. Corner lots are permitted
to utilize a front yard when appropriate, but installations must not
exceed five feet from the connected structure.
N.
Street numbers.
(1)
Owners of all buildings shall maintain street numbers on their principal
structures.
(3)
If the structure is not visible from the road or set back at such
a distance that numbers will not be legible, then the owner shall
place a sign not to exceed one square foot in size and not more than
36 inches above grade at the front property line in the area of the
entrance drive or on the mailbox if it is located on the property.
(4)
Said numbers shall be the address assigned to said structure by the
Director of Building and Codes shall be in place prior to issuance
of a certificate of occupancy and shall be maintained.
O.
Speed reduction devices, such as speed bumps, speed depressions,
etc., shall be prohibited.
P.
Height of buildings. No building shall exceed 40 feet in height.
Q.
Public buildings and grounds may be permitted in any authorized district
upon application to the Town Board for a special use permit. Said
special use permit shall be for the proposed use only. If said special
use permit is granted, site plan approval must be secured from the
Planning Board before construction may begin.
R.
On residential properties, garages shall be limited as follows:
S.
Garage sales. On residential properties, with a residence on them,
the homeowner or tenant of such property may conduct a garage sale
from such property. Such sale is limited to a period of time not to
exceed three consecutive days and may occur not more than twice per
calendar year. Temporary signs, smaller than six square feet in size
and less than 42 inches above the ground, associated with a garage
sale may be placed on the property of the sale and at the immediate
intersections leading to the property only during the actual sale.
Failure to remove the signs following the sale will result in the
Town removing the signs and charging the property owner a fee, as
determined by the Town Board, for such removal.
T.
Purpose and intent. The outside storage of construction dumpsters
and portable or temporary storage units may have a negative impact
on the adjoining properties and is limited by these regulations.
(1)
Portable on-site deliverable storage units (PODS®) are permitted to be on a property for a period of time not to exceed
30 days per calendar year.
(2)
The use of roll-off dumpsters on residential properties is limited
to a duration of 30 days, or for 45 days if there is an active building
permit on the property. On nonresidential property the use is limited
to the period a permit is active on the property and the location
is required to be at the rear or sides of the building, if at all
possible.
(3)
Only one portable on-site deliverable storage unit (PODS®) or roll-off dumpster shall be located on a residential
property at a time.
(4)
The above regulations do not apply to activities related to farming
operations, as such are defined within the New York State Agriculture
and Markets Law.
U.
Farms exceeding the annual gross cash farm income threshold for "small family farms," as defined by the U.S. Department of Agriculture's Economic Research Service Farm Typology classification, may be permitted in any authorized district upon application to the Town Board for a special use permit under § 208-54. Said special use permit shall be for the proposed use only. If said special use permit is granted, site plan approval must be secured from the Planning Board before construction may begin.
[Added 3-9-2022 by L.L. No. 2-2022]
[Added 6-23-1993 by L.L. No. 8-1993]
Purpose and intent. In an effort to address
the problem of accumulation of refuse and trash along the public roadways,
the Town of Perinton hereby adopts the following section.
A.
Whereas the accumulation of refuse, trash and garbage
in front of properties and along public rights-of-way is unsightly
and unhealthy and the Town of Perinton has provided for the regular
collection of certain residential refuse and there is adequate provision
for regular collection of garbage, trash and building debris through
private enterprise, therefore the Town has established policies for
the placement, packaging and pickup of these materials.
B.
The Town Board shall by resolution adopt or amend
such policy at a regular meeting. A copy of this policy shall be on
file and available at the Town Clerk's office.
C.
Failure to comply with this policy within seven days
of written notice from the Town may result in the following action
by the Town:
(1)
The Town will contract with a private hauler to remove
said refuse from along the right-of-way in front of the property as
soon as can be scheduled.
(2)
The bill for the removal of this material, including
an administrative fee as set from time to time by the Town Board,
will be sent to the property owner. This bill will have a thirty-day
due date in which to be paid to the Town Clerk.
[Amended 12-10-1997 by L.L. No. 6-1997]
(3)
Failure to pay this bill within 30 days will result
in the assessment of a one-and-one-half-percent per-month (eighteen-percent
annual) percentage rate penalty being added to the bill. If the bill
remains unpaid for more than 90 days, it will be added to the taxes
levied against the property. At least 60 days prior to the tax levy,
a statement shall be prepared setting forth the waste disposal fees
in arrears, with a brief description of the property for which the
waste disposal services were provided and the name and address of
the person or corporation liable to pay such amount. This statement
will be presented to the Town Board, which shall levy the amount remaining
unpaid against the real property for which such waste disposal services
were provided.
[Amended 10-13-1977 by L.L. No.
7-1977; 5-9-1990 by L.L. No. 3-1990; 2-12-1992 by L.L. No. 1-1992; 1-13-1993 by L.L. No. 1-1993; 7-26-1995 by L.L. No.
4-1995; 9-23-1998 by L.L. No. 2-1998; 2-24-2010 by L.L. No.
1-2010; 9-12-2012 by L.L. No. 3-2012; 2-24-2016 by L.L. No. 4-2016; 3-14-2018 by L.L. No. 4-2018; 1-22-2020 by L.L. No. 1-2020; 12-18-2019 by L.L. No. 2-2020]
A.
General conditions.
(1)
Each off-street parking space for any use shall measure a minimum
of nine feet by 18 feet and shall be designed with twenty-four-foot
travel aisles for two-way travel.
(2)
All paved parking areas, with the exception of those related to one-family
and two-family dwellings, shall be hairpin striped in the following
manner:
(a)
Striping shall be yellow or white, three inches to four inches
in width; outside dimension of the double stripe shall be 12 inches.
The area between each set of double stripes shall be eight feet minimum.
(b)
Handicapped parking spaces shall be provided in a location and
number in accordance with the New York State Uniform Fire Prevention
and Building Code.
(3)
Location. Off-street parking shall be located as hereinafter specified.
Where a distance is specified, such distance shall be the walking
distance measured from the nearest point of the parking space to the
nearest public entrance of the building that such parking space is
required to serve, along vehicular travel aisles or designated pedestrian
walkways.
(a)
For one- and two-family dwellings and for all types of residential
structures in any district, spaces shall be on the same lot with the
building they are required to serve.
(b)
For townhouses, two spaces related to the unit (one wholly enclosed)
and one additional guest space per unit shall be within 300 feet of
the building they are required to serve.
(c)
For multiple-family dwellings, spaces shall be not more than
300 feet from the building they are required to serve.
(d)
For hospitals, nursing homes, proprietary homes and other health-related
facilities, spaces shall be not more than 500 feet from the building
they are required to serve.
(e)
For uses other than those specified above, spaces shall be not
over 600 feet from the building they are required to serve.
(4)
Units of measurement.
(a)
The New York State Building Code shall be the source for defining
assembly areas and determining occupancy in assembly areas.
(b)
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.
(5)
Change in use, additions, alterations and enlargements. Whenever there is a change in use or an addition in floor area, a change in site usage or other units of measurement specified hereinafter to indicate the number of required off-street parking spaces and such change or addition creates the need for additional parking spaces, those additional parking spaces shall be provided. The Planning Board may waive the requirement for additional parking, provided that the additional parking spaces are designated as future parking spaces and meet the requirements as specified herein in § 208-16C(7).
(6)
Collective provisions. Nothing in this section shall be construed
to prevent collective provisions for off-street parking facilities
for two or more buildings or uses, provided that the total collective
sum shall not be less than the sum of the various uses as computed
separately.
(7)
Plans. Plans for the parking area shall be submitted to the Planning
Board for site plan approval or to the Director of Building and Codes
at the time of the application for the building permit for renovations
or changes in use within a building that alter the gross leasable
floor area (GLFA) or occupancy level.
(8)
No dismantled, unlicensed, junked, nonoperating or for-sale vehicles
shall occupy a designated parking space.
(9)
All business-related vehicles, service vehicles and sales fleet vehicles
shall be parked in the rear of the property, unless otherwise approved
by the Planning Board.
(10)
No vehicle, while parked, shall project into or over a designated
pedestrian walkway or landscaped area. Wheel blocks may be required
to limit this vehicular encroachment.[1]
[1]
Editor's Note: Former Subsection A(11), addressing reservoir
spaces for establishments with drive-up or drive-through lanes, which
immediately followed this subsection, was repealed 3-24-2021 by L.L.
No. 2-2021.
B.
Required parking spaces. Minimum required parking parking shall be
determined using the most applicable data from the latest "Parking
Generation Manual" of the Institute of Transportation Engineers (ITE),
at the discretion of the Town staff.
[Amended 3-9-2022 by L.L. No. 2-2022]
C.
Parking areas: development and maintenance. Every parcel of land
hereafter used as a public or private parking area shall be developed
and maintained in accordance with the following requirements:
(1)
Screening and landscaping.
(a)
Off-street parking for more than five but less than 75 vehicles
shall be effectively screened on each side by a fence of acceptable
design, undirected masonry wall, earthen berm, acceptable landscaping
or compact evergreen hedge. Such screening shall be maintained in
good functional condition.
(b)
In parking areas with a capacity of 75 vehicles or more, landscaping
plans must be submitted showing the area broken up into smaller sections
by aisles and landscaping, with adequate provisions for pedestrian
walkways; such aisles shall be a minimum width of 10 feet.
(c)
The front setback area shall be screened using a landscaped
berm; such berm shall be no less than five feet high and 40 feet wide
at the base. The design shall be in accordance with the Town of Perinton
Design Criteria and Construction Specifications.
(d)
All setback and buffer areas shall be planted, landscaped and
maintained in accordance with the approved site plan.
(2)
Setbacks. Parking areas shall be set back from the right-of-way as
if they were buildings, unless otherwise specified herein. Where parking
areas are adjacent to a private drive or road, they shall be set back
50 feet. Side and rear setbacks shall be at least 15 feet from the
lot line. The Planning Board may modify these setbacks at the time
of site plan approval.
[Amended 1-22-2020 by L.L. No. 1-2020]
(a)
Nonresidential district parking areas shall be set back from
the right-of-way as if they were buildings, unless otherwise specified
herein. Where parking areas are adjacent to a private drive or road,
they shall be set back 50 feet. Side and rear setbacks shall be at
least 15 feet from the lot line. The Planning Board may modify these
setbacks at the time of site plan approval.
(b)
Residential driveways shall be set back four feet from side
lot lines.
(3)
Surface of the parking area. Any off-street parking area for more
than five vehicles shall be surfaced with an asphaltic pavement so
as to provide a durable and dustless surface and shall be so graded
and drained as to dispose of all surface water accumulation within
the area. The Planning Board may alter this requirement at the time
of site plan approval when special conditions exist.
[Amended 1-22-2020 by L.L. No. 1-2020]
(a)
Any off-street nonresidential district parking area for more
than five vehicles shall be surfaced with an asphaltic pavement so
as to provide a durable and dustless surface and shall be so graded
and drained as to dispose of all surface water accumulation within
the area. The Planning Board may alter this requirement at the time
of site plan approval when special conditions exist.
(b)
Residential driveways in Residential AA, A, B, and C zoning
districts shall be constructed of asphalt or concrete for at least
the length of the required front setback or up to a maximum of 70
feet from the right-of-way.
(4)
Lighting. No lights shall be erected, operated or maintained in connection
with off-street parking in such a manner as to create an annoyance
to surrounding properties or that create a public safety hazard due
to glare. No lighting with a greater intensity than 1/2 footcandle,
measured at five feet above the ground at the property line, shall
be installed adjacent to a residential district. Lighting shall not
exceed 16 feet in height from grade to bottom of light source. All
such lighting shall be approved by the Planning Board.
(5)
Loading and unloading areas. Paved areas for maneuvering, loading
and unloading of vehicles supplying buildings or uses shall be shown
on the site plan and excluded from all computations of paved areas
required for parking under this section.
(6)
Locations for snow storage shall be provided and shown on the site
plan.
(7)
Planned future parking areas. All areas to be used for future parking
and access shall be identified on the site plan approved by the Planning
Board with the condition that consistent parking of vehicles on the
public right-of-way or outside of the designated parking areas or
on adjacent parcels of land shall be the primary indicator of the
need for conversion of planned future parking to functional parking
areas. The need for conversion of future parking to functional parking
shall be at the discretion of the Planning Board, based upon a review
of the site and issuance of 120 days' notice.
(8)
Exceeding the required parking. Where a developing or developed parcel or use consistently exceeds the allotted parking spaces by parking of vehicles on the public right-of-way or outside of designated parking areas or within the fire lanes or on adjacent parcels of land, the Director of Building and Codes shall review the approved site plan for intensity of use. The Director of Building and Codes shall present these facts to the Town Board for action under § 208-53J of this Code.
[Amended 10-13-1977 by L.L. No.
7-1977; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No.
2-2020]
A.
No subdivisions of lands which shall be subject to the provisions
of § 334 of Article 9-A of the Real Property Law or § 89
of the Public Health Law, as the same may be amended or transferred
to other laws or sections, shall be hereafter made until the map or
plat and plans therefor shall have been submitted to and approved
by the Planning Board and a copy of such map or plat and plans filed
in the office of the Building and Codes Department.
B.
No lot in any such subdivision shall be sold and no building shall
be erected upon any lots of such subdivision unless such lot is located
upon a street or highway laid out in the subdivision, which connects
with a highway, nor until the owner or subdivider shall have complied
with the provisions of this chapter and all statutes of the County
of Monroe and the State of New York applicable thereto.
C.
No building shall be erected upon any other lot or plot of land unless
such lot or plot is located upon a street or highway, except that
in a case provided for in § 280-a of the Town Law, the Board
of Appeals, or the Planning Board as part of subdivision approval,
may make such variance or exception as may seem advisable under the
circumstances in accordance with the provisions of that section.
D.
All streets or highways hereafter laid out or dedicated to the Town
shall be at least 60 feet in width; and no such street or highway
shall be so dedicated until a map or plat of the same shall have been
submitted to and approved by the Planning Board and a copy thereof
filed in the offices of the Department of Building and Codes. The
Planning Board shall have the power before granting such approval
to increase the width or change the location of any such street or
highway, taking into consideration the probable traffic requirements,
topography of the land and other factors affecting the particular
situation. No street or highway shall be accepted for dedication unless
the same shall have been suitably improved to the satisfaction of
the Town Board or a satisfactory performance bond to ensure installation
of the same has been filed with the Town pursuant to § 277
of the Town Law.
If the use of any lot or building involves the
disposal of sewage or wastewater and public sewers are not available,
an adequate sanitary disposal system for the same shall be installed
in accordance with regulations adopted, to be adopted or amended by
the Department of Health and at all times maintained on such lot or
in lawful connection therewith. The minimum lot area otherwise required
shall be increased where necessary to the extent required to provide
such disposal system. Detailed plans for such disposal system shall
be submitted to the Department of Health and approved by it before
a building permit shall be issued.
[Added 4-25-2007 by L.L. No. 2-2007]
The Town of Perinton recognizes that alternate
and supplemental heating systems provide some relief to the ever-increasing
burden of heating with fossil fuels or electricity. Many of these
alternative heating systems are not well suited for areas of residential
development due to environmental concerns associated with their operation
outside of the building being heated, particularly the production
of offensive odors, the potential for the adverse health effects of
uncontrolled emissions, the volume and particulate matter from the
emissions and the potential to create a nuisance to adjoining properties.
A.
OUTDOOR FURNACE/BOILER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of solid fuel to produce heat or energy used as a component
of a heating system providing heat for interior spaces, swimming pools,
hot tubs or saunas.
B.
The use of outdoor furnace/boiler units is prohibited
within the Town of Perinton.
For regulations relating to excavations for
sand, gravel or topsoil, see the Excavations Law.[1]
[Amended 8-28-1991 by L.L. No. 6-1991]
A.
The use of stone, brick, building blocks, concrete,
asphaltic concrete, gravel, fill dirt or topsoil, whether originating
on the premises or elsewhere, for the purpose of filling to improve
the existing grade and/or to improve the immediate front, side or
rear yard areas of an existing structure or of a proposed structure
for which a building permit has been issued, is hereby permitted in
any district within the Town of Perinton, provided such material does
not exceed 200 cubic yards in volume, and provided that a plan indicating
the area to be filled, the material to be used, any drainage alterations
or improvements and any other improvements associated with the filling
is submitted and approved by the Commissioner of Public Works; or
is in accordance with an approved subdivision or site plan. Filling
of land in excess of the volume limitation above may be permitted
upon site plan or subdivision approval by the Planning Board. No filling
of Limited Development District (LDD) land shall be permitted except
in accordance with an approved site plan or subdivision plan. Any
area where such fill has been deposited shall, within a reasonable
time, be covered with at least six inches of clean nondeleterious
topsoil and seeded with a permanent pasture mixture or other fast-growing
surface vegetation. Such restoration shall be maintained until growth
has been established. "Reasonable time" as herein used shall be construed
to mean no later than the end of the next natural growing season following
the termination of said filling operation.
[Amended 4-10-2002 by L.L. No. 3-2002]
B.
The dumping of any material not expressly permitted in Subsection A of this section is hereby declared to be the dumping of waste material and is prohibited in all districts in the Town, except as provided for under a solid waste facility permit issued pursuant to this section.
C.
A solid waste facility permit for operations may be
issued by the Zoning Board of Appeals within an Industrial Zone after
a public hearing thereon. The applicant shall submit a copy of the
application to the Conservation Board for comment. The issuance of
such a permit shall permit the construction and operation of a solid
waste facility; related office, laboratory and research and development
facilities; excavation of topsoil, sand, gravel or other subsurface
materials for use on site; and structures and uses as deemed incidental
to any use permitted by the issuance of such permit, including but
not limited to: garages, storage tanks, utility poles and lines, electric
substations and generating facilities, pipelines and related facilities,
provided that site plan approval is obtained from the Planning Board.
The applicant must additionally secure permission and the appropriate
permits from the State of New York Department of Environmental Conservation
(DEC) to operate a solid waste facility.
D.
Solid waste facility permit.
(1)
The solid waste facility permit shall set forth the
waste materials which shall be dumped on the site.
(2)
Before issuing a solid waste facility permit thereunder,
the Zoning Board of Appeals shall find the following facts based on
the evidence produced at the public hearing or submitted to the Board
or upon personal observation by the members of said Board that:
(a)
The granting of such permit is in the public
interest to establish environmentally sound facilities to dispose
of and treat solid waste.
(b)
Adequate plans have been presented to show that
the solid waste facility does not create a public hazard; that the
solid waste facility does not unduly interfere with the quiet enjoyment
of adjacent properties; and that sufficient precautions are to be
taken to prevent fires or the creation and spread of smoke, odor,
dust, fumes or noises liable to become a nuisance; and that when the
operation is completed, the fill material or disturbed area will be
covered with at least six inches of clean nondeleterious topsoil within
a reasonable time thereafter and seeded with a permanent pasture mixture
or other fast-growing surface vegetation and that such reseeding is
continued until growth has been established.
(c)
Any excavation permitted under this section shall not occur unless all required Department of Environmental Conservation (DEC) permits or other DEC authorizations have been obtained, all operations are in compliance with all DEC regulations, the requirements of § 122-13 are satisfied and a bond is posted to ensure compliance with § 122-13.[1] The standards for restoration set forth in § 122-13 of the Excavation Law of the Town of Perinton, as may be amended from time to time, are incorporated herein by reference and shall apply to all properties under the jurisdiction of this section.
(3)
The Zoning Board of Appeals shall require as a condition
for the issuance of such a permit that the applicant file with the
Town a surety company bond in an amount to be fixed by the Board,
conditioned upon the compliance of the applicant with the conditions
fixed by the Board upon issuance of said permit, to ensure compliance
with the provisions of this section. Said bond is to be enforceable
by the Town for 15 years or five years after the completion of the
restoration of the site, whichever shall come last.
(4)
Any such permit issued by the Zoning Board of Appeals
shall expire no later than the fifth anniversary date following the
issuance thereof and may be renewed under the same procedures required
for the original permit.
(5)
Prior to issuance of a permit under this section,
the applicant shall enter into a contract with the Town Board for
the operation of the solid waste facility.
(6)
Any permit issued hereunder may be revoked after a hearing to be held upon 10 days' written notice to the holder of such permit, upon proof presented to the Zoning Board of Appeals that any condition of this section or the approval granted has not been complied with. However, any foregoing provision notwithstanding, such revocation of the permit shall not occur if the holder of the permit cures the noncompliance. In the event that the permit is revoked, the bond referred to in § 208-21D(2) shall be used for restoration of the site.
(7)
All uses permitted under a solid waste facility permit shall conform to bulk and setback restrictions as prescribed by the Zoning Board of Appeals, but in no event shall such restrictions be less restrictive than those described in § 208-40A(4) of this Code or any similar restrictions prescribed by the DEC by regulation or permit.
(8)
Amendments and additions to the solid waste facility
permit shall be reviewed and presented to the Zoning Board of Appeals
in the same manner as the original permit.
No materials of any kind shall be stored in
any district, except for the construction of structures to be actually
erected upon the premises where such materials are stored within one
year from the beginning of such storage and except for farm produce
and farm machinery, unless a permit therefor shall be obtained from
the Board of Appeals.
[Amended 8-28-2019 by L.L. No. 7-2019; 3-8-2023 by L.L. No. 1-2023]
A.
No animals shall be housed or kept on any nonfarm residential premises, except customary household pets, honeybees in accordance with § 208-23B, chickens in accordance with § 208-23C or animals that have been approved by special permit from the Zoning Board of Appeals in accordance with § 208-54. Such animals shall be housed in such a manner as not to create an annoyance to surrounding properties. Dogs housed on said premises are subject to the Dog Control Ordinance of the Town of Perinton[1] and all applicable state laws regulating and licensing
animals.
B.
Honeybees may be kept on nonfarm single-family residential properties
in accordance with the following:
(1)
A special use permit must be granted by the Zoning Board of Appeals in accordance with § 208-54.
(2)
No more than two colonies of honeybees shall be present on a property.
(3)
Apiaries shall be located in the rear yard, set back 15 feet from
adjacent property lines.
(4)
Apiaries shall be bordered by a hedge, fence or flyway barrier along
the nearest property line.
C.
Chickens may be kept on nonfarm single-family residential properties
for the purpose of egg production, for personal use only, in accordance
with the following:
(1)
A permit must be granted by the Building and Codes Department.
(2)
Properties are limited to a maximum of six female chickens on the
premises at any given time.
(3)
Roosters are not permitted on nonfarm premises.
(4)
Chickens must be provided with an enclosed shelter/coop with walls
on all four sides and a roof. Each chicken shall have at least four
square feet of floor space. Said shelter/coop must be no larger than
120 square feet, be located in the rear yard and set back 30 feet
from adjacent property lines.
(5)
Chickens must be provided with outdoor runway that is securely fenced
or enclosed to protect the chickens from predators and to prevent
them from leaving the premises. Each chicken shall have at least four
square feet of runway space.
(6)
No chickens shall be kept in a cellar or any part of any dwelling
or any building used for human occupation.
[Amended 10-13-1977 by L.L. No.
7-1977; 1-23-2002 by L.L. No. 1-2002; 7-26-2006 by L.L. No. 4-2006; 6-24-2009 by L.L. No.
1-2009; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
A.
Private swimming pools will be permitted in all residential districts,
provided that there is an existing residence on said lot and the following
regulations are complied with:
(1)
Fences. Outdoor swimming pools and filtering equipment located within
three feet of the edge of a pool shall be entirely enclosed by an
impassable fence extending from the ground to a height of not less
than four feet nor more than six feet above the ground level. Such
fence or enclosure shall be in compliance with the requirements of
the New York State Uniform Fire Prevention and Building Code.
(2)
Setbacks. Outdoor swimming pools shall be located in the rear yard
with the edge of water not closer than 15 feet to the side or rear
property line.
(3)
Water supply. No permit shall be issued for such pool unless the
applicant can show that there is a sufficient source of water supply
to accommodate such pool without detriment to normal water consumption
requirements and that all proposed water supply connections are proper
and adequate. The water of such pools shall be maintained at all times
in a sanitary condition in accordance with the bacterial standards
of the Sanitary Code of the State of New York.
(4)
Drainage. No permit shall be issued for a swimming pool unless the
applicant can show that the proposed drainage of such facility is
adequate and will not interfere with the public water supply system,
with existing sewerage or drainage facilities, with the property of
others or with public highways. Pools may not be drained into septic
systems. Draining of pool covers or pools so that they discharge water
that creates a nuisance on adjoining property shall be a violation
of this section.
(5)
Lighting. No lights shall be erected, operated or maintained in connection
with a swimming pool in such a manner as to create an annoyance to
surrounding properties. Lighting shall consist of only sharp cut-off,
down light fixtures that minimize light spread off the property. The
distribution of light off the property shall be limited to 1/2 footcandle
at the property boundary.
(6)
Overhead wiring. Service drop conductors and any other open overhead
wiring shall not be permitted above the swimming pool or the area
surrounding such facilities extending 10 feet horizontally from the
pool or court edge, diving structures, observation stands, towers
or platforms.
(7)
Compliance with other regulations. All applicable provisions of the
Building Code and Sanitary Code of the State of New York and the Electrical
Code and the Sewer Use Ordinance[1] of the Town shall be applicable to each swimming pool
(8)
Building permit. Plans must be approved and a permit issued by the
Director of the Building and Codes Department prior to construction.
B.
Structural recreational facilities may be permitted in all residential districts upon issuance of a special permit by the Zoning Board of Appeals. Private swimming pools and hot tubs in compliance with Subsection A of this section are exempt from these requirements.
(1)
Setbacks. Structural recreational facilities shall be located in
the rear yard and, other than private pools, shall be setback from
the side or rear lot line 15 feet or consistent with the underlying
zoning, whichever is greater.
(2)
Drainage. The creation of a structural recreational facility shall
not have any effect on the drainage that leaves the property.
(3)
Lighting. No lights shall be erected, operated or maintained in connection
with a structural recreational facility in such a manner as to create
an annoyance to surrounding properties. Lighting shall consist of
only sharp cut-off, down light fixtures that minimize light spread
off the property. The distribution of light off the property shall
be limited to 1/2 footcandle at the property boundary.
(4)
Fencing. Private tennis courts shall be entirely enclosed by an impassable
fence extending from the ground to a height of not less than 10 feet
above the ground level, with posts at intervals of not more than 12
feet, which posts shall be firmly installed and embedded in the ground,
entirely surrounding the area in which the playing area is located,
except that such fence may include one or more separate gates which
shall be capable of being closed and locked to prevent access. Other
structural recreational facilities may be required to be fenced, as
determined by the Zoning Board of Appeals, based upon the type of
use, the location and the potential to become an attractive nuisance
to young children.
(5)
Overhead wiring. Service drop conductors and any other open overhead
wiring shall not permitted above the structural recreational facility
or the area surrounding such facilities extending 10 feet horizontally
from the court edge, observation stands, towers or platforms.
(7)
Building permit. Plans must be approved and a permit issued by the
Director of Building and Codes prior to construction.
[Amended 2-12-1992 by L.L. No. 1-1992; 2-13-2013 by L.L. No. 1-2013]
A.
Where
a lot containing public buildings or grounds or a lot in any Townhouse,
Apartment, Restricted Business, Industrial or Commercial District
abuts a lot in a Residential AA, A, B or C, Residential Transition
1-2-5, Residential 2-5 or Residential Sensitive District, the side
and rear setbacks for such lot containing public buildings or grounds
or such lot in a Townhouse, Apartment, Restricted Business, Industrial
or Commercial District on said abutting line shall be bordered by
a buffer area to be erected along said property line as part of site
plan approval by the Planning Board.
B.
Where
new residential development abuts property that has been utilized
for agricultural production during the past year, a buffer shall be
incorporated into the residential development that effectively limits
access from residences to farm fields. Acceptable buffers may include
natural features such as streams or tree plantings or fences. The
Planning Board shall determine whether the proposed buffer is of sufficient
size, width, height and/ or configuration to ensure that it would
be effective in limiting access to farm fields from the new residential
development.
For regulations relating to exterior lighting
and signs, see the Sign Law[1] of the Town.
The minimum width of a public building lot at
the street line shall be 250 feet, the minimum area shall be 100,000
square feet, the minimum front setback shall be 100 feet, the minimum
side and rear setback of all structures shall be 80 feet, and the
minimum side and rear setback of all parking areas shall be 40 feet.
[Added 10-13-1977 by L.L. No. 7-1977; amended 1-24-1979 by L.L. No. 1-1979; 7-8-1981 by L.L. No. 3-1981; 8-23-1989 by L.L. No. 4-1989; 5-12-1993 by L.L. No. 6-1993]
A.
Intent. The Town of Perinton recognizes the need to
encourage and facilitate the development of a system of sidewalks
for the safety of its residents along its collector and arterial streets.
B.
Requirements. Sidewalks or pedestrian ways shall be constructed and an easement for maintenance of such shall be provided along lands fronting both sides of collector or arterial street(s), as defined in Chapter 182, Subdivision of Land, within Pedestrian (PED) Zones as shown on the Town of Perinton's Official PED Map, adopted July 8, 1981, and as amended. A "PED Zone" is defined as land within a four-thousand-foot radius of the central point of a public school, public park or active commercial area. The central point shall be determined by the intersection of two roads or a driveway and a road. If the four-thousand-foot radius intersects any portion of a given property, then that lot in total becomes subject to sidewalk installation. Pedestrian zones may also be linear, with the bounds of the zones set forth on the Official Town of Perinton PED Map. The Planning Board may require the construction of sidewalks along streets not within PED Zones at its discretion, after considering the policies set forth in § 182-6 of this Code. Sidewalks defined under this section shall be constructed in conformance with the Design Criteria of the Town of Perinton. In cases where a sidewalk has been previously constructed by the Town, county or state along frontage proposed for development or subdivision approval, the applicant shall be required to make a contribution to the Sidewalk Fund as described in § 208-28E. The Planning Board may require a sidewalk contribution in lieu of construction when it determines that a constructed sidewalk will not connect with an existing sidewalk and that the contribution may be used to link or extend existing sidewalks within the Town.
[Amended 6-8-1994 by L.L. No. 2-1994; 6-27-2001 by L.L. No. 5-2001]
C.
Easements. On lands not within a designated PED Zone,
fronting along a collector or arterial street(s), a sidewalk easement
shall be provided to allow for possible future construction and maintenance
of sidewalks.
D.
Waivers.
(1)
Contribution to Sidewalk Fund in place of sidewalk
construction.
(a)
Sidewalk construction may be waived by the Planning
Board and a contribution to the Sidewalk Fund shall be substituted
in place of construction if any of the following apply:
[1]
The subject property is located within a PED
Zone which contains fewer than 150 dwelling units.
[2]
The cost of sidewalk grading and construction
exceeds 50% of the project cost, exclusive of sidewalks.
[3]
A major natural impediment, such as a steep
slope, large tree, stream or wetland, exists along the frontage of
the property.
[4]
There is no present linkage closely available
to the existing sidewalk system.
[5]
A sidewalk has been previously constructed on
the opposite side of the street and the Planning Board makes a determination
that sidewalks are not warranted on both sides of the street at the
present time.
(b)
In all cases where the aforementioned waiver
has been granted, a sidewalk easement shall be provided, and a contribution
to the Sidewalk Fund shall be required.
(2)
In a two-lot subdivision, the Planning Board may defer
the construction of the sidewalk or contribution to the Sidewalk Fund
for the lots until such time as the lots are further subdivided or
developed.
(3)
Where a new collector street is proposed in a subdivision,
the Planning Board may waive the construction of the sidewalk and
the contribution to the Sidewalk Fund for one side of the street,
where appropriate.
(4)
Construction of a sidewalk and contribution to the
Sidewalk Fund may be waived by the Planning Board if the cost of sidewalk
grading and construction exceeds 50% of the project cost, exclusive
of sidewalks.
[Added 6-8-1994 by L.L. No. 2-1994]
(5)
Where a residential lot was created prior to the adoption
of this section of the code, October 13, 1977, and such lot is not
being subdivided, the maximum required contribution shall be based
upon two hundred forty linear feet of frontage. An easement shall
be granted for the entire width of the lot.
[Added 5-9-2001 by L.L. No. 4-2001]
E.
Sidewalk Fund. The Planning Board may accept payment
of a dollar amount per linear foot, to be set by resolution of the
Town Board, into a designated Sidewalk Fund for the linear frontage
where construction has been waived. It is understood that said moneys
will be used for sidewalk construction elsewhere in the Town or at
such future time when sidewalks may be required, except that the Town
would then be responsible for such construction as it can be scheduled.
[Added 3-8-2023 by L.L.
No. 1-2023]
A.
Customary home occupations are permitted in all residential districts,
provided that the following regulations are complied with:
(1)
The office or studio must be located in the dwelling in which
the practitioner resides and does not occupy more than 30% of the
total floor area of the residence.
(2)
Not more than one employee may be used.
(3)
No more than one customary home occupation shall be present
on a property.
(4)
Any instruction given or professional services or care rendered
shall be to one student, patient, client or customer at a time during
the hours of 8:00 a.m. to 8:00 p.m. daily.
(5)
Off-street parking must be utilized for all students, patients,
clients or customers on the premises.
B.
Permit required.
(1)
Permission to conduct such use must be secured by obtaining
a building permit and certificate of occupancy from the Director of
Building and Codes prior to commencement of business.
(2)
Expiration/revocation.
(a)
Once issued, the certificate of occupancy does not expire but
shall become void upon cessation of said occupation for 60 days, or
upon sale or transfer of said property. The certificate shall not
transfer to another property.
(b)
The certificate may be revoked at the discretion of the Director
of Building and Codes due to violations of the above sections and/or
negative impacts to the surrounding properties.
C.
Special permit required.
(1)
Permission to conduct the following uses must be secured by
special permit from the Board of Appeals after a public hearing. The
Board of Appeals may determine if the use is appropriate on the subject
property.
(a)
All uses not wholly conducted within the dwelling unit.
(b)
Landscaping, property maintenance or contracting where equipment
is stored on the property.
(c)
Manufacturing (excluding food preparation), vehicle and equipment
repair conducted entirely within an enclosed building.
(d)
Firearms- and ammunition-related uses.
