[Amended 10-20-1997 by L.L. No. 4-1997; 10-5-1998 by L.L. No. 1-1998]
A.
No building, structure or lands within the A First
Residential District shall be altered, constructed, erected, built
or used for other than one or more of the following specified uses
and purposes:
(2)
Rooming and boarding by not more than two persons
only when the dwelling is occupied by the actual owner of record thereof.
(3)
Church.
(4)
Public and private schools which offer an academic
curriculum for kindergarten through and including 12th grade, or any
portion thereof.
(5)
Municipal buildings.
(6)
Libraries.
B.
Nothing contained herein shall be construed as permitting
the breeding, raising or keeping of bees, fowl, farm animals of any
description, so-called exotic animals, pigeons, reptiles, a dog kennel
or more than two dogs six months of age or older on any premises in
an A First Residential District.
C.
A special use permit, pursuant to Article XIV of this chapter, shall be required to construct an auxiliary housing unit (within a single-family dwelling) within the A First Residential District.
D.
The processing of big game animals, legally tagged
in accordance with the New York State Department of Environmental
Conservation, may be conducted only by an owner or occupant of premises
and only on big game animals legally tagged by such owner or occupant.
A.
No building, structure or lands within the B Second
Residential District shall be altered, constructed, erected, built
or used for other than that permitted in the A First Residential District
or one or more of the following uses and purposes:
(2)
Rooming and boarding by not more than two persons
living with only one family in a two-family dwelling on one premises
and only when the dwelling is occupied by the actual owner of record
thereof.
(3)
Recreational and community centers except where the
chief activity is service carried on as a business.
(4)
Public museums.
(5)
Memorial buildings.
(6)
Public parks.
(7)
Public buildings and grounds.
(8)
Philanthropic institutions, except correctional institutions.
B.
Nothing contained herein shall be construed as permitting
the breeding, raising or keeping of bees, fowl, farm animals of any
description, so-called exotic animals, pigeons, reptiles, a dog kennel
or more than two dogs six months of age or older on any premises in
a B Second Residential District.
C.
Cemeteries may be constructed in the B Second Residential
District, provided that permission therefor has been granted by the
Town Board.
[Amended 6-7-1993 by L.L. No. 3-1993; 4-7-1997 by L.L. No.
2-1997; 10-5-1998 by L.L. No. 1-1998; 3-26-2007 by L.L. No.
6-2007]
A.
In an A First Residential District or a B Second Residential
District, no building or accessory structure shall be used other than
for a use above specified and for the accessory uses reasonably incidental
thereto. The term "accessory uses," as applied to said districts,
shall not include a business use.
B.
For an office of a resident professional in an A First Residential District or a B Second Residential District, a special use permit shall be required as set forth in Article XIV of this chapter. Under any and all conditions, the resident professional who wishes to practice in an A First or B Second Residential District pursuant to the requirements provided herein shall be required to live on the premises from which he or she intends to practice.
C.
No portion of a residential premises located in an
A First or B Second Residential District shall be occupied at any
time by any vehicle having a maximum-load weight in excess of one
ton unless said vehicle is stored and kept entirely within an enclosed
structure when on the premises.
D.
Swimming pools. For the purposes of this chapter, swimming pools are distinguished as two types. An in-ground swimming pool is one requiring an excavation greater than two feet in depth and thus is considered an accessory structure, and the pool shall be within an area securely and completely enclosed with a four-foot-high fence. An aboveground swimming pool is one not requiring an excavation of greater than two feet in depth and thus is considered an accessory use. Swimming pools as accessory structures or accessory uses shall comply with all of the requirements of §§ 215-13, 215-14, 215-15 and 215-17 of this article and shall comply with the property line clearances of § 215-12F but not the area limitations. A swimming pool hereafter constructed on the rear of a corner lot and adjacent to the side line of an interior lot shall be located not less than six feet from the above-mentioned side line and not less than two feet or more than three feet from the side line of the lot opposite the side street line.
E.
Private garage facilities and accessory structures
shall be as follows: a maximum of 720 square feet of combined garage
floor area consisting of a built-in or attached garage and/or one
detached garage plus the legal one-hundred-forty-square-foot accessory
structure; or private garage facilities consisting of a built-in or
attached garage and/or one detached garage with a maximum combined
garage floor area of 860 square feet with no accessory structure.
The openings for the door or doors thereto shall not exceed nine feet
in height. No private garage or other accessory structure shall be
erected before the main building has been constructed, and under no
condition shall a garage be used as living quarters when the same
is not attached to a dwelling. No garage shall exceed 40 feet maximum
dimension. No private garage, except a garage attached to a dwelling,
shall exceed 15 feet in height.
F.
In the case of an interior lot fronting upon only one street, no accessory structure or portion thereof, except as hereinafter provided, shall hereafter be located so as to encroach upon the half of the lot depth nearest the street in an A First or B Second Residential District. Any lot which is greater in depth than 140 feet shall, for the interpretation of this section, be considered as a lot of 140 feet in depth. An accessory structure other than a private garage or swimming pool shall not exceed a maximum area of 144 square feet. In no case shall the combined area of the dwelling and accessory structure exceed 50% of the lot area. The accessory structure shall not exceed 12 feet in height and shall be controlled by § 215-9 and Subsection G of this section and otherwise comply with requirements as set forth in § 215-17. In no case shall an accessory structure, other than a detached garage, utility building and/or swimming pool, encroach upon the minimum required twenty-five-foot rear yard. A private garage may be erected on such lot with no part of the wall or walls thereof nearer to the front line of the lot than the building line of such street as established by this chapter. If such garage is erected in whole or in part between the building line of said street and the extended line of the rear main wall of the dwelling on said lot, the front wall of such garage shall be constructed of one or more of the same materials as the front wall of the dwelling constructed upon said lot or such other materials which are not detrimental to the neighborhood and shall be attached to the side of such dwelling as a part thereof or may be permanently attached to said building by a wall, porch, veranda or other structure, all of which, except said wall, shall be constructed so as to have a roof extending from said garage to said dwelling. A wall so constructed shall be constructed upon a foundation wall having a depth of at least 3 1/2 feet below the grade line of the dwelling. If the garage is permanently attached to the side of said dwelling or connected thereto by a wall, then such garage shall be constructed on a foundation wall having a depth of at least three feet below the grade line of the dwelling. If the garage is permanently attached to the side of said dwelling or connected thereto by a wall, then such garage shall be constructed on a foundation wall having a depth of at least 3 1/2 feet below the grade line of the dwelling.
G.
A fence, wall or other similar structure shutting
out, unduly or unnecessarily, light or air or which may cause a nuisance
or a fire hazard shall not be permitted as an accessory use. Lights
on any premises shall be used, located, directed and controlled to
avoid unreasonable interference with the use of any adjoining or neighboring
premises. A private detached garage or other accessory structure hereafter
erected on the rear of a corner lot and adjacent to the side line
of an interior lot shall sit not less than six feet from the above-mentioned
side line and not less than two feet or more than three feet from
the side line of the lot opposite the side street line, figured on
the basis of a lot 50 feet in width.
H.
No rear dwelling shall be allowed on any lot in any
residential district.
I.
The repairing, rebuilding, servicing, maintenance,
painting or repainting of motor vehicles, motorcycles, boats, trailers,
furniture or other appliances owned by the residents is permitted
as an accessory use within the areas set aside for a private garage,
but only so long as the activity is controlled to avoid unreasonable
interference with the use of any adjoining or neighboring premises.
J.
The maximum structure height in any residential district
shall be 35 feet. However, the antenna or antenna support structure
utilized by any person who holds a valid amateur radio operator's
license issued by the Federal Communications Commission shall be exempt
from regulation by this section.
L.
Overhead electric circuits to garages or accessory
structures shall not be permitted. All electric circuits and feeders
must be installed underground.
M.
No standby generator, air conditioner condenser or
similar type units shall be located in any side or front yard.
[Amended 3-15-1993 by L.L. No. 1-1993]
A.
The front yard shall extend from the building line
out to the street line and shall be not less than 25 feet or as established
by the building line of buildings that have been erected. The use
of the front yard shall be only for landscaped area and adequate ingress
and egress from the lot to the street. Any sidewalk located in the
front yard shall not exceed four feet in width. One-third, or a twenty-foot
width, whichever is less, may be paved for use as a driveway. If the
sidewalk is contiguous to the driveway, it shall be considered to
be part of the driveway, and the width restrictions shall apply for
the combined measurement. No paving is permitted between the front
street line and the curb or pavement edge except as a continuation
of the driveway or for a sidewalk. The remainder of the area between
the street line and curb or pavement edge shall be lawn. There shall
be no parking of a motor vehicle or trailer on any landscaped areas.
[Amended 3-15-1993 by L.L. No. 1-1993; 10-5-1998 by L.L. No.
1-1998]
A.
Under the conditions prescribed in this section and
within the limitations specified herein, the following projections
shall be permissible with or without a cellar under the projection:
(1)
Vestibule: six-foot maximum projection and total area
not to exceed 50 square feet from the main body of the dwelling.
(2)
Bay window: two-foot maximum projection from the main
body of the dwelling.
(3)
Open porch, patio or veranda: nine-foot maximum projection
from the main body of the dwelling.
B.
Any projection as herein described shall not exceed
one story in height, exclusive of roof or railings.
Where 20% of the lots in a single block are
improved with buildings on a uniform line or on various building lines,
an average of such distance from the street line to buildings shall
be the established building line for that block. The Board of Appeals
may disregard minor irregularities in the alignment of existing buildings
and establish a building line in whole or for such part of a street
as best to serve the interest of this chapter.
[Amended 10-5-1992 by L.L. No. 5-1992]
A.
No lot-line fence exceeding six feet in height shall be erected from a point adjacent to the rear of the main body of the dwelling back along either the internal lot or rear lot line. No lot-line fence exceeding four feet in height shall be erected from a point adjacent to the rear of the main body of the dwelling forward along the lot line to a point adjacent to the front of the main body of the dwelling. All other lot-line fences shall not exceed three feet in height. Nothing in this section shall allow any violation of § 215-8 concerning sight obstructions.
B.
On corner lots, the street line designated as the
side yard line may have a lot-line fence not exceeding six feet in
height along such side line to a point adjacent to the front of the
main body of the dwelling.
C.
Fences other than lot-line fences may be erected if
approved by the Code Enforcement Officer. Any person intending to
erect such a fence shall first make application to the Code Enforcement
Officer. Such application shall specify the reasons and need for such
a fence. The Code Enforcement Officer may then determine whether or
not to approve such application and, if approved, may specify such
additional conditions which, in his sole discretion, he may deem necessary.
[Amended 3-26-2007 by L.L. No. 2-2007]
[Amended 10-29-1990 by L.L. No. 5-1990; 3-15-1993 by L.L. No. 1-1993; 3-26-2007 by L.L. No. 2-2007; 3-26-2007 by L.L. No.
6-2007]
In residential districts there shall be a side yard along each side line of the lot upon which a dwelling is erected. The width of the side yard on one side shall not be less than six feet and on the opposite side not less than three feet; however, the side yard required to be three feet in width may be reduced to a width corresponding with the type of dwelling wall construction as provided in the New York State Uniform Fire Prevention and Building Code distance separation requirements as determined by the Code Enforcement Officer. In any event, such side yard shall not be less than two feet in width. An accessory structure or a detached garage shall be erected not less than two feet from the rear lot line and not less than two feet from the side lot line nearest the garage and not less than six feet from the opposite side lot line. These side yard restrictions shall apply to all buildings and/or accessory structures located on said lot. The front lot line shall be as set forth in §§ 215-13, 215-14 and 215-15. The maximum width of side yards on any street in any block shall be all on the same side of the building.
A.
In a block where no construction has taken place,
the side of the yard on which the maximum side yard shall be located
shall be determined as follows:
(1)
On corner lots no dwelling or structure shall be located
less than six feet from the side street line.
(2)
For streets running east and west, the maximum width
of the required side yard shall be on the east side of the building,
and for streets running north and south, the maximum width of the
required side yard shall be on the north side of the building, except
those lands shown on subdivision maps filed in the Erie County Clerk's
office under cover of Maps Nos. 1202, 1277 and 1570 and commonly known
as "Deerhurst Park" and "Belvedere Court," respectively.
B.
In a block where construction has taken place prior
to the passage of this section, the maximum side yard shall be on
the side of the building determined as follows:
(1)
If only one building has been constructed, the maximum
side yard shall be on the same side as that of the building so constructed
in said block.
(2)
If two or more buildings shall have been constructed,
then the maximum side yard shall be on the side of which the majority
of constructed buildings have the maximum side yard, provided that
if an equal number of constructed buildings have the maximum side
yard on opposite sides and there is no such majority, then the maximum
side yard on new construction shall be on the side of the building
as above provided for where no construction has taken place.
C.
If all of the lands fronting on both sides of a street or highway are subdivided by a single owner, the dwellings built in said block shall not be regulated by the provisions set forth in Subsections A and B of this section, and such owner may build said dwelling with such side yards as he may determine, provided that the one shall not be less than four feet and the other not less than eight feet.
D.
On corner lots, no dwelling or structure or addition
to an existing dwelling or structure shall be located less than six
feet from the side street line.
E.
For any structure higher than 30 feet, such least
dimensions as provided for in this section shall be increased at least
six inches for every foot above 30 feet in height.
[Amended 3-15-1993 by L.L. No. 1-1993]
In a residential district, every lot shall have
a rear yard of at least 25 feet.
[Amended 10-20-1997 by L.L. No. 4-1997]
A.
In the A First and B Second Residential Districts,
the dwellings shall not occupy an area greater than 40% of the lot
area, and the total area occupied by dwelling and accessory structures
shall in no case exceed 50% of the lot area. No two-family dwelling
shall be erected unless the lot area shall equal 2,000 square feet
per family in a B Second Residential District.
B.
A maximum of one primary dwelling structure per lot
shall be permitted in an A First or B Second Residential District.
C.
Municipal buildings, public utility buildings, schools, churches or sanitariums shall be limited to 60% of the lot area, including all accessory structures. None of the above buildings shall hereafter be erected or altered unless adequate space for off-street parking for vehicles is provided in accordance with the off-street parking requirements as provided in § 215-83.
D.
On a lot on which a building has been constructed, no portion of said lot shall be sold, conveyed or disposed of in any other manner whatsoever which will reduce the area of the lot to less than the minimum area required for front, side and rear yards as outlined in §§ 215-13, 215-14, 215-15, 215-17 and 215-18 and Article XIII.
[Amended 10-5-1998 by L.L. No. 1-1998; 3-26-2007 by L.L. No.
6-2007]
The space required in a side or rear yard shall
be open and unobstructed except for the ordinary projections of window
sills and belt courses not to exceed four inches; projections of cornices,
eaves or ornamental features not to exceed 18 inches; projections
of fireplaces, chimneys or flues not to exceed 12 inches; or an open
porch, patio or veranda projecting a maximum of nine feet from the
main body of the rear of the dwelling.
A.
A one-family residence of the one-floor type or plan
shall have a ground floor area, as outlined by its main exterior walls,
of not less than 800 square feet, exclusive of an attached garage
and utility room if no basement is constructed.
B.
A one-family residence being more than one full story
in height and less than two full stories in height shall have a ground-floor
area of not less than 720 square feet, exclusive of an attached garage
and utility room if no basement is constructed.
C.
A one-family residence of the two- or two-and-one-half-story
type shall have a floor area, as outlined by its exterior walls, of
not less than 1,040 square feet on the first and second floors combined,
exclusive of an attached garage.
D.
All two-family residences of the two- or two-and-one-half-story
type shall have a ground-floor area, as outlined by its exterior walls,
of not less than 800 square feet, exclusive of an attached garage
and utility room if no basement is constructed.[1]
[1]
Editor's Note: Former Subsection E, regarding
clear ceiling height of habitable rooms, which immediately followed
this subsection, was repealed 10-5-1998 by L.L. No. 1-1998.
