In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:

A. Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than one point of access. Additional accessways may be approved by the Planning Board based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant.
B. The use of common access points by two or more permitted uses shall be encouraged by the Planning Board in order to reduce the number and closeness of access points along the roads and to encourage the fronting of significant traffic-generating uses upon a parallel access road and not directly upon a primary road. Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 feet nor more than 30 feet in width.

Prior to any action by a municipal board or official on any application made in accordance with the provisions of this chapter, the Town shall satisfy the requirements of the State Environmental Quality Review (SEQR) regulations.

See SEQR Forms for more detailed information.

Purpose and intent.
The purpose of the Environmental Protection Overlay Districts established in this article is to assist the Town in meeting its obligations to comply with the provisions of the State Environmental Quality Review (SEQR) regulations and to ensure that adequate consideration is given to potential development impacts in sensitive environmental areas within the Town of Parma. The Town's Comprehensive Plan identifies the use of overlay districts as a technique to protect and preserve unique environmental features based upon the following reasons:

A. Prevention of an irreversible loss in natural resources.
B. Enhancement of flood protection.
C. Maintenance and/or improvement of surface water quality.
D. Preservation of wildlife habitats.
E. Aesthetics.
F. Maintenance of soils and slope stability.
G. Maintenance of open space.
H. Control of impacts on existing development.

Regulations to be superimposed over other district regulations.
The regulations contained in each EPOD are not intended to be substituted for primary zoning district provisions, but are superimposed over such provisions, and should be considered as additional requirements to be met prior to project approval. These additional requirements shall be based on sound management practices and must be reasonably related to the protection of the natural resource in question. The purpose of the overlay districts is to provide the Town with an additional level of review and regulation that controls how land development permitted by the Town's primary zoning districts should occur in or near sensitive or unique environmental areas.

Establishment of districts.
In order to implement the purpose and intent of § 165-42: Purpose and intent. of this article, the Town of Parma has been divided into the following EPOD's:

A. EPOD (1) Large Wetland Protection District.
B. EPOD (2) Small Wetland Protection District.
C. EPOD (3) Floodplain Protection District.
D. EPOD (4) Stream Corridor Protection District.
E. EPOD (5) Woodlot Protection District.
F. EPOD (6) Lakefront Coastal Erosion Hazard District.

EPOD Maps.
The locations and boundaries of EPOD's (1) through (6) are delineated on maps on file in the Town Building Department. Collectively these maps are known as the "Town of Parma EPOD Maps" and include the Environmental Atlas maps of the Town prepared by the Monroe County Environmental Management Council (EMC). The Town of Parma EPOD Maps shall be used only for reference purposes. An on-site visit shall be made to determine specific or exact boundaries of the various overlay districts. Additional investigations and/or other environmental analyses may be required in order to determine whether a specific parcel of land is included within one or more of the overlay districts and to locate the boundary on the property. Temporary flagging of boundaries in the field may be required during the review of applications, and permanent staking may be required as a condition of permit approval.

Interpretation of district boundaries.

A. The Code Enforcement Officer (CEO) shall be responsible for interpreting environmental protection overlay district boundaries based on an interpretation of the Town of Parma EPOD Maps, as well as the use of other criteria set forth in this article for determining such district boundaries. The CEO may request the assistance of the Town Engineer, the developer's engineer, Town Conservation Board or other appropriate department or agency in making such a determination.
B. The requirements of the overlay district shall be met in addition to any requirements specified for development in the respective primary zoning district.
C. Appeals from determinations of district boundaries shall be handled in the same manner as other administrative determinations under this chapter.

A. No building shall be constructed with more than three stories or to a height of 50 feet or more unless built of noncombustible materials.
B. No theater or other building for public assemblage shall be erected and no hotel, boardinghouse, apartment house, school, club, lodge or other building designed, arranged or intended to serve, accommodate or cater to the public shall be built to include more than one story, unless constructed of such materials and in such manner as to adequately protect the users thereof from fire and other hazards and in accordance with Underwriter's Standards. No existing building shall hereafter be adapted to any of the foregoing uses unless it shall be made to conform to the Underwriter's Standards.

(1) Since the studies and maps referenced in Chapter 59: Flood Damage Prevention encompassed only certain streams and waterways or certain sections of some streams and since there are other streams and low-lying areas throughout the Town that may be subject to flooding, the various Town departments or boards shall have the right to investigate the flooding aspect of any request for a building permit or approval of a development proposal.
(2) In reviewing permit applications or development plans, the reviewing official or board shall be guided by the criteria as established in the following:

(a) Design Criteria and Construction Specifications for Land Development, as adopted by the Town Board on November 12, 1973, and as amended from time to time.
(b) Drainage Regulations for Development, as adopted by the Town Board on July 24, 1978, and as amended from time to time.
(c) Any other federal, state or local flood studies or historical flood level information that may be available.

(3) Whenever it is deemed necessary by the reviewing official or board or their consultants, they shall have the right to request that the applicant provide a detailed professional engineer's drainage study and report for the particular project being proposed. Any such study and plans shall be subject to review and approval by the Town.

A. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
B. No building or structures shall hereafter be erected or altered to exceed the height, to house or accommodate a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front or side yards than is specified in this chapter for the district in which the building or structure is located, or to be less than one full story in height as defined in this chapter.
C. 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.
D. 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.
E. Any required yard shall be entirely open and unoccupied by buildings other than:

(1) Entrance porches or steps up to seven feet in depth, front to rear, in a front yard.
(2) Porches and terraces in side or rear yards, provided that they are no closer to the lot lines than required by the setback restrictions applying to the district.
(3) Detached accessory buildings occupying up to 15% of a required rear yard and setback as required by this chapter.
(4) Residential accessible ramps in the front, side or rear yard. Ramps shall meet the requirements of the New York State Fire Prevention and Building Code and shall not exceed those same requirements as they apply to ramp width and landing area, if the structure will encroach into the required setbacks.

(1) It shall be unlawful to keep or harbor more than three dogs which are more than four months of age within the confines of any lot within the Town of Parma, unless the property owner or resident complies with the provisions of Subsection AA(3) of this section, or with § 165-57: Animal boarding facilities of this article regarding boarding, breeding and/or kenneling facilities.
(2) Any individual possessing a purebred license under former Agriculture and Markets Law § 109, Subdivision 2, shall be required to come into compliance with Subsection AA(1) of this section on or before December 31, 2014.
(3) A property owner or resident may apply for a special permit to retain more than three dogs on his/her premises.

(a) Said application shall be made to the Zoning Board of Appeals, which shall review applications for permission to retain more than three dogs on a case-by-case basis.
(b) The ZBA shall consider the effect on the character of the neighborhood in the event additional dogs are permitted to remain on the property owner's or resident's premises.
(c) A property owner or resident applying for a special permit must have had no violations of Chapter 9: Animals of the Parma Town Code during the 12 months prior to the application.
(d) In the event a permit is granted by the ZBA, the permit will terminate upon the death or removal from the property owner's or resident's premises of any dog for whom the permit was issued. The permit may be revoked in the event that the property owner is convicted of two violations of Chapter 9: Animals of the Parma Town Code within any twelve-month period or if any dog owned by the property owner or resident is determined to be a dangerous dog pursuant to Chapter 9: Animals of the Parma Town Code or the New York State Agriculture and Markets Law.

A. For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be adequate space provided and permanently maintained for loading and unloading berths provided on the same lot with such building. Such berths shall be located in order to avoid undue interference with the public use of streets, alleys or off-street parking areas and provided in accord with the following standards:

(1) Four thousand to 25,000 square feet: one space.
(2) For each additional 25,000 square feet: one space.

B. The loading berth in each instance shall be not less than 12 feet in width, 55 feet in length and 14 feet in height.

Use of lots.

(a) A nonconforming lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot and provided that the minimum area and lot width for such lot shall be as follows:

[1] Twenty thousand square feet of area and 100 feet of width in residential and industrial districts;
[2] Twelve thousand square feet of area and 80 feet of width in business and commercial districts; and
[3] All other provisions of this chapter are adhered to.

(b) No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.

(2) A permit for the use of preexisting lots which are less than the lot area and width specifications described above may only be issued following the approval of a variance by the Zoning Board of Appeals.

Continuance.
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption or amendment of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The following provisions shall, however, apply to all nonconforming uses:

A. A nonconforming lot shall not be further reduced in size.
B. A nonconforming building shall not be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of nonconformance.
C. A nonconforming use shall not be expanded, except as may be authorized by § 165-91 of this article.
D. A nonconforming use existing at the date of adoption of this chapter may not be changed to another nonconforming use.
E. A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again, except in accordance with these regulations.

Certification of nonconformance.
After the effective date of this chapter, upon the written request of the user of any structure or premises, or at the instance of the Code Enforcement Officer (CEO), an examination by the CEO of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a certificate of existing nonconforming use, which shall clearly describe the premises and structure, if any, referred to, and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be maintained by the CEO, one copy of which shall be furnished to the Zoning Board of Appeals and one copy to be furnished to the owner or user.

Abandonment.
In any district, whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. If actual abandonment, in fact, is evidenced by the CEO in the form of removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed as of the date observed and all rights to reestablish or continue such nonconforming use shall thereupon terminate. The CEO shall prepare written notice of such abandonment and file copies with the Zoning Board of Appeals, the Town Clerk and the property owner(s).

Restoration.

A. Any building damaged by fire or other unintentional causes may be repaired or rebuilt at its same location and setback prior to being damaged. In no case, however, shall any new construction increase the degree of nonconformance. The failure to exercise any nonconforming use, including the failure to rebuild or repair a building containing a nonconforming use which shall be wholly or partially destroyed by fire or other casualty, for a period of one year, shall terminate the right to such nonconforming use and shall automatically revoke any permit issued hereunder.
B. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall or roof which has been declared unsafe by the CEO.
C. Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
D. Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.

District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

Construction approval prior to adoption of chapter.
Nothing herein contained shall require any change in plans, construction or designated use of a building or site complying with existing laws, a permit for which had been duly granted before the date of adoption of this chapter or any applicable amendment thereto.

In all districts there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article and Schedule II. None of the off-street parking facilities as required herein shall be required for any existing building or use, unless said building shall be enlarged or the use of land changed. In such cases, off-street parking facilities shall be provided as hereinafter specified for the building as enlarged or to accommodate the needs of the new use. The requirements for off-street parking shall not apply to spaces used for the display of motor vehicles offered for sale, provided that such spaces are not used for or made available for customer, employee, or other visitor parking.

(1) Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter a parking space shall not be less than nine feet in width and 18 feet in depth exclusive of accessways and driveways.
(2) Off-street parking areas for nonresidential uses shall provide an additional area of 100 square feet of area per off-street parking space to provide sufficient area for access drives and aisles.
(3) Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers, in compliance with provisions of the Town Fire Code.
(4) Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of five percent of those spaces, up to a maximum of 10 spaces, as only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall comply with ICC/ANSI A117.1 and shall be at least 11 feet in width and 18 feet in depth.
(5) All off-street parking space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.
(6) All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Planning Board.
(7) Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.
(8) The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.
(9) Off-street parking for nonresidential or multiple-family uses shall be set back not less than 25 feet from the front lot line. Off-street parking may be permitted in rear and side yard areas subject to approval of the Planning Board. Off-street parking for single and two-family dwellings shall be provided on a driveway which provides access to such residences or a garage which is accessory to such residential uses.
(10) No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line, or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located.

B. Location of off-street parking facilities. 
Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is proposed to serve.

(1) For one- and two-family dwellings and for all types of residential structures: on the same lot with the building they are proposed to serve.
(2) For multiple-family dwellings: not more than 200 feet from the building they are proposed to serve.
(3) For other uses: not more than 350 feet from the building they are proposed to serve.

(1) Off-street parking areas for more than five vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence, wall or hedge shall not be less than six feet in height and shall be maintained in good condition.
(2) When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart. The planted buffer area shall not be less than 10 feet in depth.

(1) All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
(2) Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.

E. Units of measurement. 
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.
F. Mixed occupancies and uses not specified.
In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the Planning Board. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.
G. Joint use.
The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. Said document shall bind the owner, his heirs and assigns to maintain the required joint use throughout the life of such uses and shall be approved by the Town Attorney.
H. Cross-access easements. 
In the review of site plans, the Planning Board may, as a condition of approval, require cross-access easements. Such an easement would be activated to connect the parking lots of adjacent areas if and when the adjacent lots are developed for nonresidential purposes.
I. Required off-street parking space. 
The minimum number of off-street parking spaces for specific uses as regulated in this chapter is contained in Schedule II which is a part of this chapter.

A. No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year, except for:

(1) Public bridges, public water works and other municipal or public utility facilities.
(2) Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.

B. No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
C. No movement of earth or fill shall be permitted at any time in any district which adversely affects conditions on any other property.
D. Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.

A. Except as specifically provided herein, no lot shall have erected upon it more than one principal building, or be allowed more than one principal use.
B. 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 and site plan approval has been granted by the Planning Board and all conditions of said approval have been met. Upon application the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
C. Accessory or storage buildings, including but not limited to a garage for the parking of passenger motor vehicles of residents on the premises, garden house, tool house, play house, and housing for domestic animals incidental to the residential use of the premises, are subject to the following:

(1) Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
(2) No detached accessory building in a residential district shall exceed 12 feet in height, except for a detached parking garage which may be up to 15 feet in height.
(3) With the exception of detached private garages, all detached accessory buildings shall be located in the rear yard and subject to the setback requirements of the schedule. Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard.
(4) These provisions shall not apply to permitted uses in nonresidential districts except that no detached accessory buildings incidental to permitted uses in such districts shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.
(5) The Code Enforcement Officer (CEO) shall require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans, in order to protect the value of adjacent properties.

D. Every principal building shall have access to a public street improved to meet Town requirements. Access may be either by a driveway or private road approved by the Town.
E. A private driveway or road may provide access for up to three principal buildings or parcels, including any building located on a lot which fronts on a public street. Where a private road or drive provides access to more than two principal buildings, said road or driveway shall have a right-of-way width of not less than 60 feet and a travelway width of not less than 16 feet, improved with a durable all-weather surface, subject to approval of the Planning Board during subdivision review. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
F. All driveways from a state or county highway shall include sufficient space to turn a vehicle around. The Planning Board shall reserve the right to require a similar vehicle turnaround on Town roads. The need for a turnaround on Town roads shall be determined based on the location of the property and existing and projected traffic volumes.
G. At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement.
H. Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
I. No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required setbacks specified in this chapter.
J. No manure, odor or dust-producing substances shall be permitted to be stored within 100 feet of any lot line, or any stream carrying water six months each year.
K. For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
L. One recreational vehicle owned by guests of residents shall be permitted to be parked on private property for a period of up to 14 consecutive days in any calendar year. No person shall be permitted to lease land for the placement of a recreational vehicle in a residential district.
M. The Town shall have the authority to remove or order the relocation of the placement of any motorized or recreational vehicle stored on private property if the Code Enforcement Officer shall determine that said placement or location creates a threat to public safety.
N. No front yard shall be used for the open storage of boats, snowmobiles, all-terrain vehicles or any type of trailer used to transport such equipment or materials. Such equipment belonging to the resident of the property may be stored in an accessory structure or kept in open storage in the rear or side yards but not within the required setbacks. This regulation is not intended to prohibit the temporary parking of such equipment in a driveway or turnaround, if it bears current registration or licensing.
O. No commercial vehicle with a load capacity of more than two tons shall be parked out of doors overnight or on Sunday in a residential district. No such vehicle shall be parked in any district for the purpose of displaying a commercial speech sign.
P. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
Q. Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
R. The use of any lot or building involving the disposal of sewage or wastewater shall be by an approved connection to the public sewer system or a private septic system approved by the Monroe County Department of Health.
S. No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Department of Health and/or Environmental Conservation, and the Monroe County Department of Health. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection P above, this provision shall not prohibit the storage of animal waste upon any farm.
T. Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation, and the Monroe County Department of Health.
U. All construction plans shall include consideration of stormwater drainage needs. Whenever possible, site grading shall direct water away from buildings and structures to the natural drainageway. Any drainage affecting adjacent properties shall be considered by the Code Enforcement Officer.
V. Any structure which has been vacant or which has had utility service disconnected for six consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
W. Any structure damaged by fire or other natural disaster shall require a new zoning permit before any reconstruction is started. A new certificate of compliance shall also be required.
X. Any structure partially destroyed by fire or other natural disaster shall be rebuilt in accordance with this chapter and the following additional provisions:
(1) Any structural damage resulting from a fire, including but not limited to size of building, bearing walls, entranceways and building materials, shall require a new building permit and said reconstruction shall meet or exceed the requirements of applicable codes and the provisions of this chapter.

Y. The dumping of refuse, waste material and other substances, excluding vegetative compost material, shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and seeded subject to approval of the Code Enforcement Officer. These provisions shall not apply to customary agricultural practices on land used for farming purposes.
Z. Except for riding horses, no animals, other than ordinary household pets, shall be kept on any residential lot of three acres or less in any zone district. Riding horses may be kept on residential lots of 21/2 acres or more.
AA. The keeping of horses and the structures related thereto shall be considered customary accessory uses by the owner/occupant of properties in the Town of Parma subject to the limitations specified below. The provisions in Subsection AA(1), (2) and (3) shall not apply to agricultural operations as defined in Article 25AA, Section 301.11 of New York State Agriculture and Markets Law and located within a certified agricultural district.
 

Number of Horses	Minimum Acreage
1 or 2	2.5
3 through 5	5
6 through 10	1 per horse
More than 10	10 acres, plus 1/2 acre per additional horse

 

(1) Boarding or keeping of horses which belong to individuals other than the owner/occupant shall be prohibited unless a special permit for such purpose is approved by the Zoning Board of Appeals.
(2) In addition, no structure or combination of structures used in the housing, storage or exercising of horses shall exceed 6,000 square feet in area. Also, all structures used for keeping horses shall be included, along with other structures, in computing the maximum lot occupancy of 15% of the rear yard area that can be covered by accessory structures.
(3) Any stable shall be set back at least 150 feet from the front lot line and 100 feet from any side or rear boundary line. Any exercise/building pens attached to a stable housing riding horses shall be located to the rear of such building and screened from adjacent properties. The barns, stalls, paddocks and any other grounds where horses are kept shall be maintained in a clean and sanitary condition so as not to create a condition or odor that would be objectionable to persons occupying adjoining property.

BB. Fencing.
Fencing shall be erected and maintained around any paddock area, pasture area or any other area outside of the stable or structure where a horse or animal is housed. Such fences shall be a minimum of four feet in height, except an electrical fence which may only be three feet in height, supported by wooden or steel posts at intervals of not more than 10 feet. Such fence shall be of sufficient strength and may be either a three- or four-board wooden rail fence, and shall be strongly secured to each post. Any opening in said fence shall have a self-closing gate of sufficient strength to contain the animals.
CC. No lot shall be used for the open storage of unlicensed or unregistered vehicle(s) or their parts unless said vehicle(s) are being offered for sale in accordance with the following provisions. The parking of unregistered motor vehicles for sale on the premises of a principal residential structure shall be subject to the following conditions:

(1) Only one unregistered vehicle may be parked outside of a fully enclosed building for sale at any one time.
(2) Only two unregistered vehicles, that are owned by the resident or property owner, may be sold or offered for sale in any twelve-month period.
(3) In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any twelve-month period.
(4) No unregistered vehicle advertised for sale shall be parked within any public right-of-way and no closer than 15 feet to any property line.

DD. The open storage of abandoned motor vehicles or parts thereof on private property is expressly prohibited in the Town of Parma. It shall be unlawful for any person or legal entity, either as owner, occupant, lessee, agent, tenant or otherwise of private property within the Town, to keep in open storage an abandoned motor vehicle or any part or piece thereof on private property within the Town unless:

(1) Such motor vehicle is stored on premises legally located, used and operated as a junkyard.
(2) Said motor vehicle is stored in a completely enclosed structure conforming with the provisions of this chapter.
(3) Said motor vehicle is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing at the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Said motor vehicle shall be so maintained and protected as to not create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for a period of more than six months.
(4) Said motor vehicle may be kept for open storage on premises within a commercial or industrial district for a period of no more than six months while awaiting repair or servicing at such premises.
(5) If it appears to the Code Enforcement Officer that a violation of this section is occurring, the Code Enforcement Officer shall serve or cause to be served written notice, either personally or by registered mail, return receipt requested, upon the owner, occupant, tenant or person having charge of such private property, advising said person of such violation. Said notice shall contain a general description of the premises and the approximate location of such motor vehicle or vehicles. The notice also shall contain an order that such person cease and desist said violation within 10 days after the receipt of said notice.

EE. On all properties within the Town of Parma, the owner and occupant shall maintain the walkways, sidewalks, driveways and parking areas located in the front, rear or side of such premises, from the building line to the nearest public street line, in a clean, sanitary, and safe condition and free from litter, debris, paper, dirt, garbage, junk, snow, ice or other obstruction and in good repair, and shall be liable to any party for injuries sustained as a result of the failure to so maintain the same.