Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents

§ 215-22 Permitted uses; bulk requirements.

A. 
In the M-F Multifamily Dwelling District, no building, structure or lands shall be used, and no building or structure shall be erected, constructed, structurally altered or arranged to be used, for other than dwelling components for one or more family units or for an accessory structure for automobile garage use or recreational facility use for residents.
B. 
Any single-family dwelling proposed in this district shall conform in all manners to the requirements of the A First Residential District.
C. 
Any two-family dwellings proposed in this district shall conform in all manners to the requirements of the B Second Residential District.
D. 
Any structure of three or more dwelling units shall be classified as a multifamily dwelling. Those structures that have three or less occupied floor levels shall be considered standard multifamily dwellings. Those structures that have more than three but less than seven occupied floor levels shall be considered mid-rise multifamily dwellings. Those structures that have seven or more occupied floor levels shall be considered high-rise multifamily dwellings.
E. 
In the M-F Multifamily Dwelling District the yard requirements shall be as follows:
(1) 
Standard multifamily dwelling. The yard requirements shall be the same as in the C-1 Restricted Business District, § 215-34.
(2) 
Mid- and high-rise multifamily dwelling regulations.
(a) 
Minimum lot frontage on a dedicated street: 150 feet.
(b) 
Minimum lot area: 30,000 square feet.
(c) 
Maximum lot coverage (all buildings): 35% of the lot area.
(d) 
Minimum yard requirements:
[1] 
Front yard: 25 feet.
[2] 
Rear yard: 25 feet.
[3] 
Side yard: 15 feet.
(e) 
Distance between buildings and/or portions of buildings forming courts: not less than twice the side yard requirements as set forth.
(f) 
The gross floor area of a building on a lot shall not exceed 150% of the lot area.
(g) 
The height of a mid- or high-rise multifamily dwelling may exceed 35 feet; provided, however, that the distance between each portion of the building having a greater height than 35 feet and each lot line shall not be less than the distance specified above plus one foot for every two feet additional height in excess of 35 feet.

§ 215-23 Lot area per dwelling unit.

The lot area per dwelling unit in each of the three heights of structures shall be a function of bedrooms for each dwelling unit within the structure as follows:
A. 
Standard multifamily dwellings.
(1) 
No- or one-bedroom unit: 1,500 square feet.
(2) 
Two-bedroom unit: 1,750 square feet.
(3) 
Three-bedroom unit: 2,000 square feet.
(4) 
Four-bedroom unit: 2,500 square feet.
(5) 
Five-or-more-bedroom unit: 3,000 square feet.
B. 
Mid-rise multifamily dwellings.
(1) 
No- or one-bedroom unit: 1,000 square feet.
(2) 
Two-bedroom unit: 1,125 square feet.
(3) 
Three-bedroom unit: 1,250 square feet.
(4) 
Four-bedroom unit: 1,375 square feet.
(5) 
Five-or-more-bedroom unit: 1,500 square feet.
C. 
High-rise multifamily dwellings. There shall be no numerical dwelling unit restriction per lot size. However, the structure shall not occupy more than 35% of the gross lot area.
D. 
Multifamily structures for senior citizens' residences. Where mid- or high-rise multifamily structures are established and operated with a specific use for senior citizens' residences, the parking restrictions as set forth above may be reduced by 50%.

§ 215-24 Parking areas.

Parking spaces for a structure or development shall be provided in accordance with the following schedule. However, no parking spaces shall be provided in the required front yard and no part of the front yard shall be used for the temporary parking or storage of any motor vehicle or trailer except in the case of the front yard of a lot on which a one-family detached dwelling is situated. In this case, this section shall not prevent the use of the driveway for temporary parking.
A. 
Standard multifamily dwellings.
(1) 
No- or one-bedroom unit: one parking space per unit.
(2) 
Two- or three-bedroom unit: 11/2 parking spaces per unit.
(3) 
Four-or-more-bedroom unit: two parking spaces per unit.
(4) 
Designated visitor parking shall be provided based on one space per residence level per structure.
B. 
Mid-rise multifamily dwelling.
(1) 
One and one-fourth parking spaces per dwelling unit, either on-site or off-site, and not less than 60% of the total on-site parking spaces shall be provided underground and/or within the multiple-residence structure.
(2) 
Designated visitor parking shall be provided based on one space per residence level per structure.
C. 
High-rise multifamily dwelling.
(1) 
One parking space per dwelling unit, either on-site or off-site, and not less than 60% of the total on-site parking spaces shall be underground and/or within the multiple-residence structure.
(2) 
Designated visitor parking shall be provided based on one space per residence level per structure.

§ 215-25 Minimum gross living area.

Dwelling units in the M-F Multifamily Dwelling District shall have a minimum gross living area in accordance with the following:
A. 
No-bedroom unit: 450 square feet per unit.
B. 
One-bedroom unit: 550 square feet per unit.
C. 
Two-bedroom unit: 750 square feet per unit.
D. 
Three-or-more-bedroom unit: 1,000 square feet per unit.

§ 215-26 Dwelling units for transient occupancy.

Dwelling units for transient occupancy shall be allowed in the M-F Multifamily Dwelling District. All requirements and restrictions for the district and classification of structures shall apply except that the gross living area may be reduced to 225 square feet. The maximum number of this type of transient occupancy dwelling unit shall be limited to one such unit per residence level per structure. The total allowed number of such units for a multibuilding project may be located in a single structure.

§ 215-27 Garage construction materials.

Where garages are erected to serve multifamily dwellings other than semidetached dwellings and duplex dwellings, all of the exterior walls thereof shall be constructed of or faced with materials similar to those used in the facing of the main building.

§ 215-28 Landscaping.

A. 
An area of 200 square feet of landscaping for each 900 square feet of gross floor area of the structure, part of which may be designated as a children's play area, shall be provided for multifamily dwellings other than semidetached dwellings and duplex dwellings.
B. 
Landscaping may include paths, patios, walkways and existing natural treed areas but shall not include driveways, ramps, lanes or parking areas or any space beneath, within or on top of the building.
C. 
All yard areas, other than driveways and parking spaces, shall be landscaped.
D. 
Landscaping shall consist of at least lawn and ornamental shrubs which shall be maintained in a healthy growing condition neat and orderly in appearance.
E. 
Where any landscaping is provided on top of a structure or part of a structure, there shall be a minimum of 12 inches of earth fill.

§ 215-29 Accessory structures.

The following regulations shall apply to accessory structures:
A. 
Location in rear yard only.
B. 
Minimum yard requirements:
(1) 
No accessory structure shall be located within five feet of a side or rear lot line.
(2) 
No accessory structure shall be located within 25 feet of any flankage street line or any rear lot line that abuts a street.
C. 
Maximum lot coverage: 5% of the lot area, provided that all structures on the lot do not exceed the maximum lot coverage of 35%.
D. 
No accessory structure shall be erected in the M-F Multifamily Dwelling District prior to the erection of the main structure on the same lot, except where it is necessary for the storage of tools and materials for use in connection with the construction of the main buildings or structures, and no accessory structures shall be used prior to the erection of such main building or structure for any purpose other than such storage.

§ 215-30 Swimming pools.

A. 
Front or side yard location. A swimming pool as an accessory structure to a residential structure may be installed and used in a front or side yard of a lot situated in an M-F Multifamily Dwelling District, provided that:
(1) 
No part of such pool shall be located closer to any lot line than the minimum distance required for the main structure located on such lot in accordance with the applicable provisions of this article.
(2) 
Such pool shall be securely and completely enclosed with a four-foot-high fence.
(3) 
The maximum height of such pool shall be two feet above the average finished grade level of the ground adjoining such pool.
(4) 
All facilities for changing clothes or for pumping or filtering or other similar accessory uses, if not located in the main structure on the lot, shall be in accordance with the provisions applicable to accessory structures on such lot.
B. 
Rear yard location. A swimming pool as an accessory structure to a multifamily dwelling may be installed and used in a rear yard of a lot situated in any M-F Multifamily Dwelling District, provided that:
(1) 
Such pool is in accordance with the provisions applicable to accessory structures on such lot.
(2) 
Such pool shall be securely and completely enclosed with a four-foot-high fence.
(3) 
Aboveground swimming pools as an accessory use may be installed on lots within the district that are occupied by single- or two-family dwelling structures.

§ 215-31 Homeowners' association or condominium ownership.

Proposed plans for a homeowners' association or condominium ownership shall be considered upon the proper application to the Town Board with review of the necessary documents by the Town Attorney.