Town of Parma, NY Article XI Permitted Modifications

§ 165-85 Zone lot regulations.

A. Nonconforming existing lots of record.

(1) 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.

§ 165-86 Height regulations.

A. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos and other buildings not used for human occupancy.

B. Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 30 feet.

C. The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornamental purpose which may extend above the height limits of this chapter by up to five feet.

D. Public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side and rear yard setbacks are increased by two feet for each one foot of such additional height up to a maximum height of 50 feet and provided that there are on-site fire protection facilities, approved by the Code Enforcement Officer.

§ 165-87 Yard regulations.

A. Side and rear yard setback reductions.

(1) In the case of lots which comply with the provisions for modifications as specified in § 165-85 above, the minimum side yard setback shall be equal to 10% of the lot width. In no case, however, shall the minimum side yard setback be reduced to less than 10 feet.

[Amended 4-15-2003]

(2) In the case of lots which comply with the provisions for modification of § 165-85, the minimum rear yard setback shall be no less than 10% of the lot depth. In no case shall the minimum rear yard setback be less than 10 feet in residential, business and commercial districts, and 15 feet in industrial districts.

[Amended 4-15-2003]

(3) The side and rear yard setback reduction shall apply only if the provisions that qualify an existing lot of record set forth in § 165-85 are in place. The provisions set forth in this article are applicable irrespective of whether the existing lot is undeveloped or used for an approved purpose.

[Amended 4-15-2003]

(4) Permits for setbacks that would be less than those specified herein may only be issued following the approval of a variance by the Zoning Board of Appeals.

B. In residential districts where the frontage on the same side of the street within 500 feet of the subject parcel is 50% or more developed, the required front yard setback for a new structure may be modified to the average for such existing development. Otherwise, the requirements of the schedule shall apply.

§ 165-88 Projections into required yards.

Certain architectural features may project into required yards as follows:

A. Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding three feet.

B. Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.

C. Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding four feet, provided that such features do not occupy in the aggregate more than 1/3 of the length of the building wall on which they are located.

D. Patios may be located anywhere within the required side yards, provided that they are at grade. Raised decks and patios shall not be closer than 10 feet to any adjacent property line.