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Town of Brighton, NY
Monroe County
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Table of Contents
Table of Contents
[Amended 6-11-2003 by L.L. No. 8-2003]
A. 
On corner lots:
(1) 
No temporary or permanent fences, walls or other structures exceeding 30 inches in height measured from the curb, or street grade if no curb is present, shall be erected or maintained within the triangle formed by the street lines of such lots and a line drawn between points along such street lines 20 feet distant from their point of intersection; and
(2) 
No plantings, trees, shrubs or hedges exceeding 30 inches in height measured from the curb, or street grade if no curb is present, shall be established or maintained within the triangle formed by the street lines of such lots and a line drawn between points along such street lines at such distance from their point of intersection as required to provide an unobstructed view of the street for a reasonable distance as determined under Subsection C below. In no case shall the points along the street lines exceed 20 feet. Trees exceeding 30 inches in height may be located in these clear vision areas, provided that all branches and foliage are removed to a height of six feet above grade.
(3) 
To provide adequate visibility at street intersections, the parking of motor vehicles in the triangle formed by the street lines of such lots and a line drawn between points along such street lines 20 feet distant from their point of intersection shall be prohibited. However, where determined by the Commissioner of Public Works or designee based upon factors which include, but are not limited to, the speed of traffic on the intersecting street(s), the volume of traffic on the intersecting street(s), the volume of pedestrian traffic on the intersecting street(s), the presence/absence of sidewalks, changes in topography, or whether a traffic control device(s) is present, parking of motor vehicles may be allowed.
[Amended 11-14-2007 by L.L. No. 12-2007]
B. 
To provide adequate visibility of vehicles and pedestrians at driveway/street intersections, the Commissioner of Public Works or his designee may direct, on any lot, the trimming or modification of any plants, trees, shrubs, hedges and flowers on private or public property that are over 30 inches in height measured from the curb, or street grade if no curb is present, and that are located within triangles formed on each side of a driveway by using the street line and the edges of the driveway as legs. The length of the legs from the intersection of the street line and driveway edges shall be determined by the Commissioner of Public Works or designee based on on-site inspection and the guidelines found in Subsection C below. However, in no case shall the length of a leg exceed 20 feet. Trees exceeding 30 inches in height may be located in these clear vision areas, provided that all branches and foliage are removed to a height of six feet above grade. Any person who shall refuse or neglect to comply with the written directive of the Commissioner of Public Works or his designee within 14 days of receipt shall be in violation of this section and subject to Chapter 225, Article IV of these regulations.
C. 
The Commissioner of Public Works or his designee shall determine the reasonable distance required for adequate visibility from the viewpoint of an operator of a full-sized motor vehicle and based upon factors which include, but are not limited to, the speed of traffic on the intersecting street(s), the volume of traffic on the intersecting street(s), the volume of pedestrian traffic on the intersecting street(s), the presence/absence of sidewalks, changes in topography, or whether a traffic control device(s) is present.
[Amended 9-9-1998 by L.L. No. 3-1998; 7-14-1999 by L.L. No. 4-1999; 2-14-2001 by L.L. No. 3-2001; 6-26-2002 by L.L. No. 4-2002; 6-11-2003 by L.L. No. 8-2003]
Fences and walls are permitted as follows:
A. 
In any front yard, fences and walls, including all decorative features such as finials, shall not exceed three feet six inches in height above grade or the top of the curb, whichever is higher. Fences and walls shall be further restricted as required by § 207-1, Clear vision areas, of the Comprehensive Development Regulations.
B. 
In any side or rear yard, fences and walls, including all decorative features such as finials shall not exceed six feet six inches in height above grade.
C. 
On a corner lot, consistent with the clear-vision area requirements above.
D. 
No fence shall be constructed of barbed wire or be electrified unless said fence is on a farm, but in any place that a farm abuts a nonfarm residence or residences, barbed wire or electrified fences are prohibited.
E. 
If a fence has one decorative face, that decorative face shall be placed so that it faces toward the adjacent property.
F. 
The height restrictions in this section shall apply to all parts of a fence, including, but not limited to, any posts, gates and/or decorative features.
G. 
No fence or wall shall be permitted on, or about or around any single parcel of land that does not contain a principal structure. A fence may be permitted on, about or around multiple contiguous residential parcels provided that they are under one ownership, at least one parcel contains a principal structure, and said fence is continuous and includes a portion of the lot containing the principal structure. Fences may be permitted on, about or around any parcel or any multiple contiguous parcels when all of such parcels comprise a farm or part of a farm.
H. 
Fences and walls more than 18 inches above grade shall require a building permit, except that temporary fences, satisfying the provisions of Subsections C and D above, shall not require a permit.
A. 
Structures, such as chimneys, flues, towers, elevator and stair bulkheads, roof water tanks, cooling towers, enclosed mechanical equipment, penthouses and spires, shall be exempt from height limitations, provided that, in the aggregate, they occupy no more than 20% of the roof area.
B. 
Flagpoles located on buildings shall not extend more than 20 feet above the roof or ridge of such buildings and, whether on buildings or freestanding, shall be so located and of such limited height that if they were to fall, they would fall entirely within property lines.
C. 
With the exception of those devices included in Chapter 207, Article VIII, Wireless Communication Structures and Devices, which shall be governed by that section, radio and television antennas, masts, aerials, horns, parabolic reflectors or similar communication devices located on buildings or other structures shall extend not more than six feet above the roof or ridge of such buildings and shall not, as measured in plane view area, occupy more than 10% of the roof area.
[Amended 7-23-1997 by L.L. No. 5-1997]
D. 
With the exception of those devices included in Chapter 207, Article VIII, Wireless Communication Structures and Devices, which shall be governed by that section, radio, television, CB or satellite dish antennas or similar communication devices shall be permitted within the rear yard, provided that they are ground-mounted, less than six feet in height above grade, screened from the view of adjacent property owners and shall require a building permit.
[Amended 7-23-1997 by L.L. No. 5-1997]
[Amended 1-14-2015 by L.L. No. 1-2015]
A. 
The following animals shall be allowed only on a parcel or contiguous parcels of land in common ownership, which in the aggregate contain(s) five or more acres, is residentially zoned, and is occupied by one and only one single-family detached dwelling.
(1) 
All members of the ovine (sheep), bovine (cows & cattle), camelidae (llamas, camels), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families, and any animals with hooves, either single or split;
(2) 
Emus, rheas, and ostriches; and
(3) 
Roosters and all other poultry.
B. 
A maximum of six chicken hens are allowed on any size lot occupied by a single-family detached dwelling and not meeting the requirements above, provided that any building/coop for sheltering the hens shall be located in the rear yard, shall be located a minimum of 10 feet from any lot line, shall not exceed 35 square feet in total floor area, and shall not exceed seven feet in height from grade at its highest point. Any such building/coop shall also comply with the building coverage requirements of § 207-6, Accessory buildings. Roosters are not permitted by this Subsection B.
C. 
General rules and regulations.
(1) 
All animals of every description and all animal quarters shall be kept in a clean and sanitary condition and shall be adequately ventilated.
(2) 
No person or persons shall maintain, harbor, keep or possess any animal of any description in such a manner as to create offensive odors or unsanitary conditions, which odors or conditions are a menace to the health, comfort or safety of the general public or of the surrounding neighborhood.
(3) 
No person shall keep, harbor, maintain or possess any animal of any description in such a manner as to cause a disturbance of the peace or to in any way interfere with the quiet use and possession by any person or persons of his or her property.
(4) 
Animals shall be kept as pets and for personal use only.
D. 
Compliance required. All persons owning, keeping, harboring or maintaining any animal in a manner not permitted by the terms of this section shall have 30 days from the effective date of this section to effect full compliance herewith.
The following temporary structures shall be deemed to be permitted uses in all districts:
A. 
Temporary structures or uses incidental to construction work for the use of project contractors, engineers or architects, provided that such structure shall be removed within 30 days of completion or abandonment of the construction work.
B. 
The temporary use of a dwelling as a model home for a period of time not to exceed one year.
[Amended 5-22-1996 by L.L. No. 2-1996; 6-26-2002 by L.L. No. 4-2002]
A. 
Residential districts.
[Amended 9-24-2003 by L.L. No. 16-2003]
(1) 
Such buildings shall not exceed 16 feet in height.
(2) 
Such buildings shall be set back a minimum of five feet from any lot line.
(3) 
All such buildings, in the aggregate, shall not occupy more than 30% of the area of the rear yard.
(4) 
All other Town regulations pertaining to accessory buildings shall apply.
B. 
Nonresidential districts.
(1) 
Such buildings shall be located in a rear yard or a required rear yard only.
(2) 
Such buildings 500 square feet or less in size shall be set back a minimum of five feet from any lot line and shall not exceed 16 feet in height.
(3) 
Such buildings greater than 500 square feet shall require Planning Board and Architectural Review Board review and shall be subject to all bulk regulations of the district in which they are located.
(4) 
All such buildings, in the aggregate, shall not occupy more than 30% of the area of the rear yard and shall be included in calculating maximum lot coverage.
[Added 4-25-2007 by L.L. No. 5-2007]
Outdoor furnaces shall not be permitted in any yard.
[Added 11-25-2008 by L.L. No. 6-2008]
On lots occupied by nonresidential uses only, one clothing drop/collection structure shall be permitted per lot, provided that it is located in the rear yard and a minimum of five feet from any lot line, is no greater than 10 feet in height, and is no greater than 130 square feet in area.
[Added 8-24-2016 by L.L. No. 5-2016]
Notwithstanding any contrary provision contained in the Town Code, the following shall apply to handicap ramps on lots occupied by residential uses only:
A. 
Such temporary or permanent handicap access ramps are permitted in any yard, provided that they are a minimum of 10 feet from any front lot line and a minimum of five feet from any side or rear yard lot line;
B. 
Such temporary or permanent handicap access ramps shall require a building permit but shall not require Architectural Review Board approval.