[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum lot area requirements shall be as follows:
A.
For dwellings and buildings of mixed occupancy:
(1)
In R-1 Districts, 6,000 square feet per dwelling unit.
(2)
In all other districts except the mixed use districts (Core, MU-1,
and MU-2), 6,000 square feet for either one or two dwelling units
and 2,000 square feet for each additional dwelling unit.
(3)
For buildings up to 30 feet in height, Subsection A(2) above shall apply, but for high-rise dwellings over 30 feet in height, the following schedule shall apply:
|
Number of Stories
|
Square Feet per Dwelling Unit
|
|---|---|
|
4
|
1,100
|
|
5
|
1,000
|
|
6
|
900
|
|
7
|
800
|
|
8
|
700
|
|
9
|
650
|
(4)
Sites of one acre or more:
(a)
In the R-1 District:
[1]
Single-family dwelling, 6,000 square feet.
[2]
Two-family dwelling, 9,500 square feet.
[3]
Planned apartment dwelling group on a minimum site of one acre. After consideration and approval of a site plan, in writing by the Planning Commission, the Village Board [§ 350-20A(2)] may authorize reduced area requirements per dwelling unit to 3,500 square feet per dwelling unit if, in the opinion of the Trustees, it has been clearly shown on the site plan that building coverage does not exceed that normally required by single- or two-family homes permitted in the district.
(b)
In all other districts:
[1]
Single-family dwelling, as regulated in R-1 District.
[2]
Two-family dwelling, 8,000 square feet.
[3]
Three-family dwelling, 10,000 square feet.
[4]
Four-family dwelling, 12,000 square feet.
[5]
Planned apartment dwelling group, as permitted and regulated
in the R-1 District, but the area requirements per dwelling unit may
be reduced to 3,000 square feet in the case of buildings two stories
in height and, in the case of new buildings three or more stories
in height, to 2,000 square feet per dwelling unit.
B.
For other principal buildings, as regulated by open space and off-street
parking regulations.
[Amended 5-23-1988 by L.L. No. 7-1988]
Minimum lot width requirements shall be as follows:
A.
For dwellings and buildings of mixed occupancy (new construction):
B.
For dwellings and buildings of mixed occupancy (existing buildings):
(1)
The lot width requirement of this chapter shall be automatically
waived to permit the restoration, enlargement (including the creation
of additional dwelling units), moving, repair or alteration of an
existing dwelling on any lot of record. Requirements for open space,
off-street parking and lot area must be satisfied.
C.
For other principal buildings, as regulated by open space and off-street
parking regulations.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
A.
The lot width or area requirements of this chapter shall be automatically
waived to permit the erection of a single-family dwelling or the restoration,
enlargement (but not the creation of additional dwelling units), moving,
repair or alteration of an existing dwelling on any lot of record
which was owned separately and individually from all other contiguous
tracts of land on the effective date of this chapter or on the effective
date of any subsequent amendment increasing area or width requirements,
provided that dwellings are a permitted use in the district in which
such lot is located.
B.
Vacant land or subdivision lots in the same record ownership at the
effective date hereof or on the effective date of any amendment increasing
width requirements having in the aggregate a continuous frontage resulting
in a total lot width of 100 feet or more and less than 120 feet may
be divided into two lots of equal width so far as width requirements
are concerned or, in the case of property located within the mixed
use districts, divided into lots of a width less than 50 feet if the
lesser width is in compliance with the provisions of this chapter
relating to the frontage requirements of property within the mixed
use districts.
D.
The provisions herein shall immediately apply to all subdivisions
for which maps have been filed in the Erie County Clerk's Office,
except as provided in § 7-708, Subdivision 2, of the Village
Law.
[Amended 4-27-1981 by L.L. No. 2-1981; 1-22-2007 by L.L. No.
4-2007; 3-27-2023 by L.L. No. 4-2023]
In districts other than the mixed use districts, minimum front
yard requirements shall be as follows:
A.
For dwellings or mixed use, 25 feet.
B.
For other principal buildings or uses:
(1)
In all R Districts, 25 feet.
(2)
In all C Districts, 25 feet.
(3)
In all M Districts, 25 feet, except when used for off-street parking
or when opposite a lot in an R District, 50 feet.
(4)
In M-IP Districts, 40 feet, except when used for off-street parking
or when opposite a lot in an R District, 50 feet.
C.
Front yard exceptions. A proposed building need not have a deeper
front yard than the average of existing buildings within 150 feet
of the proposed building on each side thereof. In the absence of an
existing building on either side within such distance, there shall
be deemed to be such building with a front yard depth of 25 feet.
In an R District, such proposed building shall not have a front yard
depth less than such average of such existing buildings; but nothing
herein shall require a front yard depth of more than 50 feet. Also
in an R District, front entrance enclosures may extend a maximum of
five feet into the required front yard.
[Amended 1-9-1978 by L.L. No. 1-1978; 4-27-1981 by L.L. No.
2-1981; 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum side yard requirements shall be as follows:
A.
For dwellings:
(1)
There shall be two side yards for each dwelling or dwelling group.
(2)
The aggregate width of the side yards shall be not less than 11 feet.
(3)
No side yard shall have a width of less than four feet.
(4)
No side yard of a multiple dwelling, as heretofore or hereafter defined
in this chapter, shall have a width of less than 10 feet.
B.
For other principal buildings or uses:
(1)
In R-1 and R-2 Districts, 30 feet or a distance equal to the height
of the principal building, whichever is greater, for each side yard.
(2)
In the R-2A District, 15 feet or a distance equal to 1/2 the height
of the principal building, whichever is greater, for each side yard.
(3)
In any C District, no side yard is required, except:
(a)
Where a side yard is provided, it shall be no less than five
feet wide.
(b)
Where a side yard abuts a lot in an R District, either one of
the following conditions shall apply:
[1]
Its width shall be not less than 30 feet or a distance equal
to the height of the principal building, whichever is greater.
[2]
Its width shall not be less than five feet, provided that the
height of the principal building does not exceed 15 feet and provided
that an attractive and effective visual barrier is furnished and properly
maintained. Such barrier may consist of fencing, planting or a combination
of both. Periodic inspection shall be conducted by the Building Inspector
to assure compliance with the conditions of this section.
(c)
Where a side yard is used for vehicle ingress or egress, it
shall be at least 12 feet in width.
(4)
In any M District, 10 feet for each side yard, except that where
a side yard abuts a lot in an R District, its width shall be not less
than 50 feet.
C.
Side yard exceptions. An addition to an existing dwelling may follow
the line of the building, except in such cases where such addition
may present a safety hazard.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023]
Minimum rear yard requirements shall be as follows:
A.
For dwellings, equal to 25% of the lot depth, but shall not be less
than 25 feet.
B.
For other principal buildings or uses:
(1)
In any R District, equal to 25% of the lot depth, but shall not be
less than 25 feet or a distance equal to the height of the principal
building, whichever is greater.
(2)
In any C District, 10 feet, except that when the rear yard abuts
a lot in an R District, either one of the following conditions shall
apply:
(a)
Its depth shall be not less than 30 feet or a distance equal
to the height of the principal building, whichever is greater.
(b)
Its depth shall not be less than 10 feet, provided that the
height of the principal building does not exceed 15 feet and provided
that an attractive and effective visual barrier is furnished and properly
maintained. Such barrier may consist of fencing, planting or a combination
of both. Periodic inspection shall be conducted by the Building Inspector
to assure compliance with the conditions of this section.
(3)
In any M District, 10 feet, but where the rear yard abuts a lot in
an R District, 50 feet.
C.
Rear yard exception for through lots. On a through lot, where the
rear lot line coincides with a street line, a front yard equivalent
shall be provided. The rear yard depth requirements in the district
regulations shall not apply on that portion of a through lot where
a front yard equivalent is required.
[Amended 1-22-2007 by L.L. No. 4-2007; 3-27-2023 by L.L. No. 4-2023
Maximum height of buildings shall be as follows:
B.
For other principal buildings or mixed use, same as R-2AH.
D.
Height
exceptions and limitations. The height limitations of this chapter
shall not apply to the following:
(1)
Chimneys, flues, spires or belfries.
(2)
Elevator or stair bulkheads, roof water tanks or cooling towers,
including enclosures, provided that such structures, in the aggregate,
do not occupy more than 10% of the roof area.
(3)
Radio or television antenna structures located on a building shall
not extend more than 15 feet above the roof of such building.
(4)
Freestanding antennas or flagpoles may not extend above the ground
more than 21 feet.
A.
In any C or M-1 District, open off-street parking may occupy any required yard, except as otherwise provided for visibility and screening and except that it shall not be permitted within 10 feet of a street line or 10 feet of a lot in any R District; but when such parking is accessory to residential use, it shall be governed by the regulations pertaining to parking in R Districts in Subsection B of this section.
[Amended 4-27-1981 by L.L. No. 2-1981]
B.
No open off-street standing or parking in connection with any dwelling
or in connection with any accessory use carried on for gain or profit
shall be located in any required front yard or side yard required
setback areas or within five feet of any rear lot line, except as
the same may provide direct ingress and egress to a garage or permitted
off-street parking areas located elsewhere upon the premises. Under
no circumstances shall a motor vehicle be parked or allowed to stand
upon any portion of any premises which is not used for ingress or
egress purposes, and the parking or standing of motor vehicles with
"for sale" or similar displays shall be limited to vehicles registered
to the owner of the property on which they sit. The advertising of
the vehicle shall be limited to window signs and shall be limited
to disposal of any vehicle not sold for profit or gain.
[Amended 9-26-1988 by L.L. No. 8-1988; 6-27-2011 by L.L. No.
7-2011]
A.
No accessory structure shall be located in a front yard or a required
side yard.
B.
In a C or M District, no processing or storage shall be permitted
in any required yard, except for gasoline pumps, and no accessory
structure shall be located in a required rear yard, except that dwellings
shall be governed by R District regulations.
C.
In any R District, roofed projections or buildings shall not occupy
more than 30% of a required rear yard of an interior lot or more than
40% of a required rear yard of a corner lot.
D.
In any R District no part of an accessory structure shall be nearer
than four feet to a lot line or 10 feet to a rear lot line of a corner
lot where such rear lot line abuts a side lot line of a lot in an
R District.
E.
In any R District a detached accessory building shall not be located
so that any part thereof is nearer than 10 feet to any dwelling and
five feet to any other building.
A.
District in which abutting lot lies. When it is necessary to know
in which zoning district abutting property lies in order to determine
yard requirements, and when such abutting lot is divided so that segments
thereof are located in more than one zoning district, it shall be
deemed to lie in the zoning district which contains the largest portion
of its area having street frontage.
B.
Open space between principal buildings on a single lot. In any R
District no vertical wall of a principal building shall be nearer
to a vertical wall of any other principal building than 30 feet or
a distance equal to the average height of such vertical walls measured
from adjoining finished grade, whichever is greater.
C.
Usable open space for mixed occupancy. In the case of a building
of mixed occupancy, 400 square feet of open space for each dwelling
unit contained in such building shall be provided on the lot exclusively
for recreation and household service activities.
