TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

ARTICLE III GENERAL REGULATIONS

The provisions of this Zoning Law shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations. The dimensions and restrictions set forth in Schedule A are incorporated herein and made a part of this Zoning Law.

SECTION 301 BUILDINGS, USES AND LOTS

    A. One Principal Building and Use Per Lot - There shall not be more than one (1) principal building and one (1) principal use on any one lot in the Agricultural (AG), Agricultural-Residential (AG-R), and the Medium Density Residential (MDR) Districts except as provided for in the following:

        (1) An approved multifamily dwelling project,

        (2) A single family dwelling accompanying a non-residential use, or uses, permitted on a lot in Agricultural (AG), Agricultural-Residential (AG-R) and Medium Density Residential (MDR) Districts, provided there is only one use of a commercial nature on the lot, or

        (3) A single family dwelling accompanying a non-residential use, or uses, requiring a Special Use Permit in Agricultural (AG), Agricultural Residential (AG-R) and Medium Density Residential (MDR.) Districts, if approved by the Planning Board as part of the Special Use Permit Application Process, provided there is only one use of a commercial nature on the lot.

    B. Yard and Open Space for Every Building - No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. Also, no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

    C. Subdivision of a Lot - Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected so as not to violate any of the requirements of this Zoning Law with respect to the existing building, including yards and other required spaces in connection therewith. No zoning permit shall be issued for the erection of a building on the new lot thus created unless there is full compliance with all the provisions of this Zoning Law.

    D. Irregularly Shaped Lots - Where a question exists as to the proper application of any of the requirements of this Zoning Law to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the matter shall be referred to the Zoning Board of Appeals and dealt with in accordance with the applicable provisions of Section 707.

    E. Lots Under Water or Subject to Flooding

        1. No more than twenty-five (25) percent of the minimum area requirements of a lot may be met by land which is always under water or land which falls within the Federally designated 100 year flood boundary.

        2. Land which is under water and is open to use by persons other than the owner shall be excluded from the computation of the minimum area of a lot.

        3. Land in the bed of a stream not exceeding five (5) feet in width at mean water level, and land in a pond not exceeding one hundred fifty (150) square feet in area shall not be considered as under water for the purpose of computing lot area.

        4. Where any part of a lot is separated by the main body of water, such separate land shall not be included in computing lot area.

    F. Required Road Frontage - No zoning permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a road, as defined herein, which frontage provides the actual access to such structure, and which road shall have been suitably improved to Town Board standards or a bond posted therefore as provided in Section 280a of the Town Law.

    G. Parts of Lot Not Counted Toward Area Requirements - When calculating the area of an existing lot of record, having less than the minimum required frontage pursuant to Section 205, no portion of the lot that is less than one-half the minimum required frontage may be counted as part of the minimum required lot area.

    H. Adjacent Lots - Where two (2) or more adjacent lots are at the time of the effective date of this Zoning Law in the same ownership, they shall not be considered a single lot, unless they are described as one parcel in a deed recorded at the Genesee County Clerk’s Office.

    I. Yards on Corner Lots - When a lot fronts on two or more streets, any yard adjoining a street shall be considered a “front yard” and shall comply with all the applicable requirements for a front yard for the district in which it is located. When a lot has two or more front yards the remaining yards, those not adjoining a street, shall be considered side yards and comply with all the applicable requirements for side yards in the district in which it is located.

SECTION 302 SUPPLEMENTARY YARD REGULATIONS, STRIPPING, AND EXCAVATIONS

    A. Porches and Decks - A porch or deck shall be considered a part of the building in determining the yard requirements or amount of lot coverage.

    B. Projecting Horizontal Architectural Features - Architectural features, such as window sills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than four (4) feet into any required yard.

    C. Fire Escapes - Open fire escapes may extend into any required yard.

    D. Visibility at Intersections - On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three (3) feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting road lines and a straight line joining said road lines at points which are forty (40) feet distance from the point of intersection, measured along said road lines. This paragraph shall not apply to existing trees, provided that no branches are closer than six (6) feet to the ground.

    E. Swimming Pools - Swimming pools shall be considered accessory structures within the provisions of Section 303 of this Zoning Law, and shall be set back from lot lines at least the minimum distance required for other buildings and structures. In-ground pools shall be surrounded by a chain-link or solid wood fence at least four (4) feet high. All pools shall have a gate equipped with self-closing, self-locking devices.

    F. Buffer Strip - Wherever a buffer strip is required by this Zoning Law it shall meet the following standards:

        1. Be at least fifteen (15) feet in width and six (6) feet in height.

        2. Be Of evergreen planting of such type, height and spacing as will screen the activities on the lot from view of a person standing at street level on the adjoining lot.

        3. A wall or fence of which the location, height, and design has been approved by the Planning Board, may upon good cause being shown, be substituted for the required planting.

    G. Top Soil - No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the topsoil is taken, except in connection with the construction or alteration of a building or structure on such premises and excavating or grading incidental thereto.

    H. Excavation During Construction - In any construction, open excavations shall be limited to a maximum of sixty (60) days, with appropriate fencing, barricades or covering.

    I. Height Exceptions

        1. District building height regulations shall not apply to flagpoles, radio or television antennae, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures are located on the roof and in their aggregate coverage occupy no more than ten percent (10%) of the roof area of the building and provide such structures pose no hazard to aircraft operations.

        2. District building height regulations shall not apply to radio or television antennas and commercial communication antennas or towers provided such structures do not present a hazard to aircraft operations.

SECTION 303 LOCATION OF ACCESSORY BUILDINGS. STRUCTURES AND OTHER ENCLOSED STORAGE

    A. Accessory Buildings Are Permitted As Follows:

        1. One-story accessory building having a total floor area of one hundred fifty (150) square feet or less and a building height of not more than nine (9) feet shall not be located closer than eight (8) feet to the rear and side lot lines and shall be located in the rear yard.

        2. The location of accessory buildings having a total floor area greater than one hundred fifty (150) square feet or a building height of greater than nine (9) feet shall be located in compliance with the required yard areas of the respective districts and shall be located in the rear yard.

        3. Accessory buildings with a total area, as measured on the exterior, of less than 15 sq. ft., such as school bus stations and animal shelters, do not require a zoning permit. School bus stations shall be permitted in the front yard provided they are located a minimum often (10) feet from any property line or the edge of any highway right-of-way. All other such accessory buildings shall comply with Section 303. Subsection A, Paragraph 1.

    B. Accessory Structures (Other Than Buildings) Are Permitted As Follows:

        1. Accessory structures (other than buildings) equal to or less than fifteen (15) feet in height, including satellite dishes with a diameter of thirteen (13) feet or less, shall not be located closer than fifteen (15) feet to the rear and side lot lines and shall be located in the rear yard. Satellite dishes less than three (3) feet in diameter may be located anywhere on a lot provided the minimum front, side and rear yard distance setbacks are maintained and shall not require the issuance of a zoning permit.

        2. Accessory structures (other than buildings) greater than fifteen (15) feet in height, including production model Wind Energy Conservation Systems (windmills), antennas and satellite dishes greater than thirteen (13) feet in diameter, shall be located in compliance with the required yard area of the respective district and shall be located in the rear yard.

    C. Other Enclosed Storage Is Permitted As Follows:
        Semi-trailers, cargo containers and/or motor vehicles or portions thereof (i.e., truck bodies) may be used for accessory storage purposes related to a permitted principal use in the C, LC, I and INT Districts. When used in a C, LC, I or INT District for a period of more than 60 days, such trailers and/or motor vehicles or portions thereof shall be placed or parked in compliance with the provisions of Subsection A of this Section with the exception that they be located in the rear yard. Semi-trailers, cargo trailers and/or motor vehicles or portions thereof, shall not be used for storage purposes for longer than 60 days in the AG, AG-R, R or MDR Districts. In no instance shall semi-trailers, cargo trailers and/or motor vehicles or portions thereof be placed in such a manner as to interfere with, or pose a hazard to, traffic circulation. Mobile homes shall not be used for storage purposes.

SECTION 304 NONCONFORMING USES. BUILDINGS. STRUCTURES AND LOTS

    A.Lawful Existing Uses, Buildings, Structures and Lots

    Except as otherwise provided in this Section, the lawful use of land, building or structure existing at the effective date of this Zoning Law may be continued, although such use, building or structure does not conform to the regulations specified in this Zoning Law for the zone in which such land, building or structure is located, provided, however:

        1. No lot shall be reduced to a nonconforming size.

        2. A nonconforming lot shall not be further reduced in size.

        3. A nonconforming building or structure shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

        4. An existing mobile home which is occupied as a one-family dwelling on any lot in an AG, AG-R, MDR, C or PUD District may be replaced with another mobile home provided that the following criteria, as well as the criteria in Section 601.D., are met.

        5. A nonconforming use may not be expanded.

        6. No existing conforming use shall be changed to a nonconforming use.

        7. Such uses must comply with all applicable state, federal and other local laws or regulations.

    B. Abandonment

    A nonconforming use shall be deemed abandoned when there occurs a cessation of any such use or activity and a failure on the part of the tenant or owner to reinstate such use within a period of one (1) year from the date of cessation or discontinuance.

    C. Restoration and Repair

    Nothing in this Zoning Law shall prevent the restoration and repair or continuation of use of a nonconforming building or structure destroyed or partly destroyed by a disaster, provided that restoration is commenced within eight (8) months after date of destruction and is completed within sixteen (16) months after date of destruction.

    D. Reversion

    No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

    E. Alterations

    A nonconforming building or structure may not be improved during its life to an extent exceeding, in aggregate cost, fifty percent (50%) of the assessed value of the building unless said building is changed to conform to the requirements of this Zoning Law.

    F. District Changes

    If a nonconforming use is established by a transfer of an area from one district to another after the effective date of this Zoning Law, then the foregoing provisions shall apply to any nonconforming use created by such change.

SECTION 305 USES NOT PERMITTED

    Uses which are not allowed by this Zoning Law are prohibited.

SECTION 306 MINIMUM HABITABLE FLOOR AREA (See Zoning Schedule A)

    A. One-family dwellings shall have a habitable floor area of at least seven hundred twenty (720) square feet.

    B. Two-family dwellings shall have a habitable floor area of at least seven hundred twenty (720) square feet per primary unit and five hundred (500) square feet for the second unit.

    C. Multiple family dwellings shall have a habitable floor area of at least five hundred (500) square feet per unit.

SECTION 307 MINIMUM DIMENSIONAL CRITERIA

    All one (1) and two (2) family dwelling units located on individual lots shall have a minimum outside width of at least twenty (20) feet. This provision shall not prohibit the construction of smaller additions or projections from larger units (less than twenty (20) feet wide) provided that the dwelling unit, excluding any such smaller additions or projection has a minimum outside width of twenty (20) feet.

SECTION 309 STABLING AGRICULTURAL ANIMALS (See definition in Section 106)

    A. There shall be no stabling of animals or storage of manure, fertilizer, or similar odor or dust producing substance within the MDR District. Such stabling or storage shall be permitted in the AG, AG-R, or EP Districts provided the following restrictions are observed:

        1. No such stabling or storage shall take place within 500 feet of a MDR District.

        2. No such stabling or storage shall take place within 100 feet of a lot line.

        3. The stabling of a larger animal(s) including, but not limited to, horses, cows, pigs, ostriches, etc. shall not take place on a lot of less than two (2) acres.

SECTION 310 FENCES

    A. Fences erected on residential lots in the Town of Pembroke shall adhere to the following standards:

        1. Before a fence shall be erected, a zoning permit must be obtained from the Zoning Administration Officer. A request for a permit shall be accompanied by a site plan which shall show the height and location of the fence in relation to all other structures and buildings, and in relation to all adjoining streets, lot property lines and yards.

        2. Fences may be erected, altered or reconstructed to a height not to exceed three (3) feet above ground level when located within twenty (20) feet of the street right-of-way.

        3. Fences may be erected, altered or reconstructed to a height not to exceed eight (8) feet above ground level when located more than twenty (20) feet from the street right-of-way line.

        4. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

        5. Temporary fencing shall not exceed four (4) feet in height and shall be at least fifty percent (50%) open construction. A temporary fence permit shall be effective for a period not exceeding six (6) months but may be extended by the Zoning Administration Officer for an additional period not exceeding six (6) months upon the showing of good cause.

        6. Fencing used to enclose a tennis court may be permitted up to ten (10) feet in height provided that such fencing is not closer than twenty-five (25) feet from a side or rear property line.

        7. No fence shall be erected in a special flood hazard area, except for fences connected with an agricultural use when it can be demonstrated that such fence would not restrict the flow of flood waters nor have an adverse impact on any buildings.

        8. The finished side of the fence shall face the adjoining properties.

    B. Commercial and industrial fences shall be reviewed and approved by the Planning Board as part of the site plan approval process.

    C. These restrictions shall not be applied so as to restrict the erection, alteration, or reconstruction of fences for agricultural uses. However, fences used for nonagricultural purposes must comply with these restrictions.