§ 190-46. Accessory structures and uses.

A. In all districts:

(1) Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.

(2) A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.

(3) Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.

(4) An access driveway may be located within a required yard.

(5) Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.

(6) The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line, nor within 100 feet of any front lot line.

(7) The following shall apply to all forms of animal husbandry, except the keeping of animals as household pets:

(a) All shelters provided for livestock, fowl or fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.

(b) The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.

(8) Any land or structure or part thereof exceeding 300 square feet in area used for the storage, sale or abandonment or waste paper, rags, scrap metal, discarded materials or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a junkyard, which is a prohibited use and a violation of this chapter; provided, however, that on an operating farm property, the storage of agricultural equipment, machinery and vehicles which are used on the premises shall not, for the purposes of this chapter, constitute a junkyard.

B. In residence districts:

(1) Accessory buildings or structures must be located in the rear or side yard, but off-street parking areas may be located within a front or side yard but shall meet the minimum front and side yard requirements set forth in the Table of Lot and Bulk Requirements. [Amended 7-21-1997 by L.L. No. 4-1997]

(2) Accessory buildings or structures located in the minimum required rear or side yard shall not exceed the lesser of 24 feet or the main building height for all zones and shall be set back from any side or rear lot line the minimum distances set forth herein: [Amended 7-21-1997 by L.L. No. 4-1997]

District                Setback (feet)
R-1                            3
R-2                            3
RA                           40
RM                            3
RM-G                        3
TV                            3

(3) Accessory off-street parking areas shall be paved in accordance with municipal specifications.

C. In nonresidence districts, accessory off-street parking areas may be located within required front, side or rear yards; except that if said yards are transitional yards the requirements of § 190-50 of this chapter shall be met, or if said front yards are in a General Commercial District, the requirements of § 190-77 of this chapter shall be met. [Amended 6-15-1998 by L.L. No. 4-1998]

§ 190-47. Frontage.

In all districts except a VB or GC District, the lot frontage at the street line shall be not less than 40 feet.

§ 190-48. Height.

A. Nothing herein contained shall restrict the height of the following:

(1) A church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft, transmission line or tower or similar structure.

(2) In an IP District, a radio, CATV or television tower.

B. No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:

(1) Have a lot coverage in excess of 10% of the lot area.

(2) Be used for residence or tenancy purposes.

(3) Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.

§ 190-49. Yard encroachments.

A. The following accessory structures may be located in any required front or rear yard:

(1) Awnings or movable canopies not exceeding 10 feet in height or an area equivalent to 5% of the required area of the yard in which it is located.

(2) Open arbors or trellises.

(3) Retaining walls, fences or masonry walls, pursuant to § 190-53.

(4) Unroofed steps; patios or terraces not higher than one foot above ground level, provided that they shall not extend more than 10 feet into a required front yard or more than four feet into a required side yard.

B. The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:

(1) An unroofed balcony, projecting not more than eight feet into the yard.

(2) Other projections specifically authorized in Subsections C and D.

C. Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.

D. Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

E. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

F. In all residence districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings or 25% of the opposite block frontage across the street, the front yard shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated, in cases where the average alignment of the two nearest buildings within 200 feet on the same side of the street if 25% improved, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the district in which such proposed building is situated. The provisions of this section shall not apply to the required side yard on the street side of a building on a corner lot.

§ 190-50. Required transitional yards and screening.

In order to assure orderly and compatible relationship between residence districts and nonresidence districts along their common boundary lines, the following requirements shall be met along such boundaries:

A. The minimum required transitional side and rear yards within nonresidence districts adjoining residence districts shall be 30 feet.

B. In a VB or GC District, the minimum required screening within required transitional side and rear yards shall be a six foot high stockade-type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines.

C. In a SC or IP District, the minimum required screening within a required transitional side or rear yard shall be an eight-foot-high, six-foot-wide protective planting strip in accordance with specifications established by the municipality and guaranteed by a maintenance bond.

§ 190-51. Courts.

A. In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:

(1) One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court; or

(2) Fifteen feet.

B. In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:

(1) One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court;

(2) Two-thirds of the horizontal depth of such court; or

(3) Fifteen feet.

C. In all districts, the horizontal depth of an outer court shall not exceed 11/2 times its least width.

§ 190-52. Spacing between buildings.

A. In the layout for development of a group of garden apartments or other buildings an a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings; and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.

B. The above requirement of Subsection A need not exceed 35 feet when the top of one building is less then eight feet above the level of the first floor of the other building.

C. Minor accessory buildings shall meet the requirements of § 190-46A.

§ 190-53. Fences and walls. [Amended 7-24-1972; 7-21-1997 by L.L. No. 3-1997]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

FRONT YARD -- Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered a front yard for the purposes of this section. However, this definition shall specifically not apply for purposes of swimming pool protection.

HEIGHT OF FENCE -- The distance measured from the existing grade to the top of the fence.

B. Approval required. No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer.

C. Application for permit; issuance. Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make an application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village, and shall be accompanied by an appropriate fee. Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.

D. Height limitations in rear, front and side yards. No fence shall be more than six feet in height at the rear of homes or buildings situated in a residentially zoned district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall exceed an average of four feet in height.

E. Location restrictions. Any fence erected under this chapter shall be placed upon the owner's property line but must be entirely upon the owner's property. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk where it exists and, where it doesn't exist, one foot back from the edge of the right-of-way.

F. Materials and composition. Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to persons and equipment for combating fires, which may affect public safety, is hereby expressly prohibited.

G. Types of fences restricted. The following fences and fencing materials are specifically prohibited:

(1) Barbed wire.

(2) Pointed fences that are a hazard to public safety or welfare.

(3) Cloth fences.

(4) Electrically charged fences.

(5) Poultry fences.

(6) Turkey wire.

(7) Expandable fences and collapsible fences, except during construction of a building.

(8) In residential districts, chain link fences are prohibited in the front yard.

H. Chain link fence. All chain-link fences are subject to the restrictions in this section and shall also be erected with the closed loop at the top of the fence.

I. Entrances and gates. All entrances or gates shall open into the property.

J. Finished side; posts. Any wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.

K. Security fences for commercial and industrial properties. Notwithstanding the provisions of this section, the Building Inspector may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Building Inspector of the Village of Honeoye Falls. The Building Inspector may deny such application if it is found that the application for such fence is not appropriate and is unnecessary.

L. Location within property line. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.

M. Visibility at intersections; enforcement authority. The Building Inspector shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply within 30 days with the written direction of the Building Inspector shall be guilty of a violation of this chapter and shall be subject to its penalties.

N. Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in § 190-152.

§ 190-54. Clear sight triangles.

On a corner lot in any district except the VB and GC Districts, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet; and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 50 feet from the intersection of such street lines.

§ 190-55. Minimum residential floor area.

A. Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.

B. Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basements and cellar rooms or areas. [Amended 10-3-1983 by L.L. No. 3-1983; 2-12-1991 by L.L. No. 5-1991]

C. First floor area of a dwelling. The minimum first floor enclosed area of a dwelling, exclusive of garage or other accessory building, shall be 800 square feet, and its least overall dimension shall be 20 feet.

§ 190-56. Accessory apartments. [Added 2-12-1991 by L.L. No. 5-1991]

A. Purpose. It is the purpose and intent of accessory apartments to provide one-family dwelling property owners the opportunity to maintain and preserve a single-family residence and at the same time provide housing needs.

B. Regulations. The following specific standards are set forth for the creation of an accessory apartment:

(1) Owner occupied. The owners of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises for at least nine months each year.

(2) Location. Accessory apartments may be located either in the principal dwelling building or in an accessory building, provided that such accessory building existed prior to March 1, 1991, and conforms with the other requirements of this chapter.

(3) Dwelling size. No accessory apartment shall be located in a one-family dwelling unit unless said dwelling unit contains the minimum required habitat floor area of 1,800 square feet.

(4) Apartment size. The minimum floor area for an accessory apartment within a principal dwelling building or an existing accessory building shall be 450 square feet, provided that an accessory apartment located in a principal dwelling shall not exceed 25% of the area of said dwelling and shall not exceed 50% of the area of said accessory building.

(5) Bedrooms. There shall be no more than two bedrooms in any accessory apartment.

(6) Accessory apartments per lot. There shall be no more than one accessory apartment permitted on any one-family building lot.

(7) Exterior appearance. An accessory apartment located in the principal dwelling building shall have a separate entrance/exit to such accessory apartment; provided, however, that the design of the principal dwelling building shall retain the appearance of a one-family dwelling.

(8) Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling building or in an existing accessory building, approval of the water supply and sewage disposal shall be obtained from the Monroe County Department of Health, Monroe County Water Authority and the Village of Honeoye Falls.

(9) Off-street parking. In addition to the off-street parking requirements for a one-family detached dwelling, there shall be two off-street parking spaces for an accessory apartment.

(10) Fire and building codes. Construction and creation of an accessory apartment shall be in accordance with the rules and regulations of the Fire and Building Codes for the Village of Honeoye Falls and State of New York.

(11) Special permit. An accessory apartment is a special use which shall be permitted only in a one-family dwelling lot and subject to the approval of the Zoning Board. [Amended 6-15-1998 by L.L. No. 4-1998]

(12) Permit. No permit shall be issued by the Village until site plan approval for an accessory apartment has been given by the Building Inspector and the Planning Board. [Amended 6-15-1998 by L.L. No. 4-1998]

(13) Termination. If the owner vacates one of the dwelling units or if the owner transfers title to the dwelling, the permit shall automatically terminate, and the accessory apartment shall be vacated; provided, however, that if an owner makes application within 30 days after transfer of title, the permit shall continue until final decision by the Planning Board. An owner may apply or reapply for permission to have an accessory apartment in the manner described herein.

§ 190-57. Bed-and-breakfast facilities. [Added 2-12-1991 by L.L. No. 4-1991]

A. Purpose. A one-family residential dwelling may be used or occupied as a bed-and-breakfast facility if it complies with all of the regulations established in this section and if a certificate of occupancy is issued by the Building Inspector.

B. Special permit. Before issuance of a building permit and/or a certificate of occupancy, the person seeking to use or occupy a one-family dwelling as a bed-and-breakfast facility shall make application to the Planning Board of the Village of Honeoye Falls.

C. Lot size. Minimum lot size shall be the minimum lot size designated in the applicable Zoning District in which the bed-and-breakfast facility is located.

D. Owner occupied. The one-family dwelling in which the bed-and-breakfast is located shall be the principal residence of the owner of the one-family dwelling.

E. Minimum floor area. The minimum floor area required to operate a bed-and-breakfast in a one-family detached dwelling is 1,800 square feet of habitable floor area.

F. Number of guest rooms for transient accommodations. There shall be one guest room for a dwelling having 1,800 square feet of habitable floor area and one guest room for each additional 400 square feet of habitable floor area exceeding 1,800 square feet. In no event shall the total number of guest rooms exceed four.

G. Length of stay. No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Village of Honeoye Falls, its Building Inspector, Code Enforcement Officer, Zoning Officer and any other agent of the Village.

H. Off-street parking. Parking shall be provided as required by the minimum parking regulations in the applicable district; provided, however, that one additional parking space shall be required for each guest room and for one employee, if any. In all residential districts, the minimum parking setback from an adjacent property line shall be 15 feet, and the parking area shall be located in the side or rear lot and screened from direct view of any adjacent residential use by a completely planted visual barrier consisting of plantings, approved by the Planning Board, with a minimum height of six feet after planting.

I. Employees. No more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether or not paid.

J. Building and fire codes. All requirements applicable to the bed-and-breakfast facility of the New York State Uniform Fire Prevention and Building Code, Monroe County Health Department and the Village of Honeoye Falls Codes shall be met.

K. Signs. One sign shall be permitted identifying the property as a bed-and-breakfast and which shall comply with the sign regulations for the district in which the bed-and-breakfast is located.

L. Renewal. Upon compliance with all of the requirements of this section and other applicable codes and regulations, the Building Inspector shall be authorized to issue a permit which shall be valid for a period of one year, unless sooner revoked for violation of any condition imposed by the Building Inspector, any misrepresentation of fact made to the Building Inspector or Planning Board in conjunction with the application and review process or violation of this section or any provision of this chapter. Within 30 days prior to the expiration of any such permit, the property owner shall make application for a permit renewal to the Building Inspector, who shall, as a condition of issuance of such renewal, make an inspection of the premises for which the permit is sought to determine continued compliance with this section. In the event that the Building Inspector determines that a violation exists, the permit shall not be renewed until the violation is cured.

M. Nonrenewal or revocation of permit. Upon nonrenewal or revocation of the permit for cause shown, the use of the premises as a bed-and-breakfast facility shall immediately cease, and continuation thereof shall subject the owner to the penalty provisions of this chapter and/or such other legal action as the Village shall determine necessary.

N. Sewer and water. All bed-and-breakfast facilities shall be served by public sewer and public water.

O. Accreditation. A bed-and-breakfast facility shall be accredited or approved as a bed-and-breakfast by a national organization that is in the business of accrediting bed-and-breakfast facilities.