No building or structure shall be placed on
any lot except in accordance with the yard, bulk, lot, area and height
restrictions established in the attached Schedules I and II, and any other restrictions established in the other sections
of this code. In case of uncertainty as to the permissible districts
for uses not specifically covered by this code, a Code Enforcement
Officer shall request the Zoning Board of Appeals to render a determination.
In addition to the other setbacks established
in this code and delineated on Schedules I and II, the following additional setbacks apply in all districts
to all buildings and structures, provided that where the district
front yard requirements establish a greater setback, the district
front yard requirements shall apply.
A. On the following roads, measured from the center of the right-of-way to the building line, the minimum setback, subject to the exception of Subsection
B of this section, shall be:
Name of Road
|
Minimum Setback
(feet)
|
---|
Alt Boulevard
|
100
|
Baseline Road
|
100
|
Bedell Road
|
80
|
Bush Road
|
80
|
East River Road
|
90
|
Ferry Road
|
80
|
Fix Road
|
80
|
Grand Island Boulevard
|
115
|
Harvey Road
|
80
|
Huth Road
|
80
|
Long Road
|
80
|
Love Road
|
80
|
Ransom Road
|
80
|
Staley Road
|
80
|
Spaulding Road
|
80
|
Stony Point Road (except Love Road to Elsie
Lane)
|
100
|
Stony Point Road (Love Road to Elsie Lane)
|
80
|
Whitehaven Road
|
100
|
B. In the North, South, and Center Business Districts, in accordance with the powers authorized to the Town by Town Law § 274-a(5), the Town Board may approve a site plan with smaller setbacks than those required in Subsection
A of this section for structures and uses complying with the rules and goals of the design requirements for the North, South, and Center Business Districts.
[Amended 3-7-2011 by L.L. No. 1-2011]
C. On shoreline lots, structures other than riverside
accessory uses, shall be no closer to the river shoreline (measured
at the top of the bank) than:
[Amended 12-20-2004 by L.L. No. 4-2004; 3-29-2006 by L.L. No. 3-2006]
(1) Where there are already two principal structures on
adjoining lots, no closer than the average distance of the two adjoining
principal structures to the river shoreline, but no less than the
rear yard for the district.
(2) Where there is a principal structure on only one adjoining
lot, no closer than that principal structure to the river shoreline,
but no less than the rear yard for the district.
(3) Where there are no principal structures on the adjoining
lots, no less than the rear yard for the district.
(4) Riverside accessory uses and structures on shoreline
lots such as pools or other structures, less than four feet high,
and which do not obstruct the views of the Niagara River, may be placed
in the rear yard of a shoreline lot in accordance with the regulations
for placement of accessory structures and uses. Fences in rear yards
of shoreline lots shall not be opaque and shall not exceed four feet
in height. This subsection, limiting accessory uses and structures,
applies to shoreline lots and does not apply to the portion of riverside
lots, if any, not adjacent to the Niagara River.
D. Bars, taverns and nightclubs shall not be permitted
within 500 feet of residentially zoned property, houses of worship,
schools and parks.
E. Outside storage shall not be allowed within 200 feet
of a residential district.