Other provisions of this chapter notwithstanding,
nothing shall prohibit the use of a lot of less than the required
area for a single-family residence in any district, provided that
all other provisions of this chapter are complied with, when such
lot, at the time of the passage of this chapter, was held under separate
ownership or lesseeship from the adjoining lots.
Other provisions of this chapter notwithstanding,
no building in any district need have a front yard greater in depth
than the average depth of the front yards of the lots next thereto
on either side, a vacant lot or a lot with a front yard greater than
the minimum required depth being counted as if it were the minimum
front yard for the district in which it is located, but in no case
shall the front yard in any residence district be less than 10 feet
in depth.
Other provisions of this chapter notwithstanding,
in the case of a side yard abutting a street, this side yard need
not be greater than the average depth of the front yard of the lots
on the same side of the street, but in no case shall the side yard
in any residence district be less than six feet in depth.
A. When a residence district abuts a nonresidence district
on a street line, there shall be provided in the nonresidence district
for a distance of 50 feet from the district boundary line a front
yard at least equal in depth to that required in the residence district.
B. Where the side or rear yard in a residence district
abuts a side or rear yard in a nonresidence district, there shall
be provided along such abutting line or lines a side or rear yard
at least equal in depth to that required in the residence district.
In no case, however, shall the abutting rear yard be less than 20
feet.
In each case where a yard abuts a street line,
such yard shall be considered to be a front yard for the purposes
of this chapter and shall fulfill all of the requirements of a front
yard in the zoning district in which it is situated.
[Amended 3-11-2004 by L.L. No. 4-2004]
A. In determining the percentage of lot coverage, compliance
with the minimum yard requirements, or the size of yards for the purposes
of this chapter, porches and decks on the side of a residence shall
be considered part of the building.
B. Notwithstanding the above, in determining the percentage
of lot coverage, compliance with the minimum yard requirements, or
the size of yards for the purposes of this chapter, the following
structures shall not be considered a part of the building if such
structures comply with the following applicable requirements:
(1) Unenclosed, one-story covered entryways onto the front
or rear door of a residence, and decks on the front of a residence.
(a)
Height: Such structure shall not exceed three
feet in height above the highest point of any connecting roofline
(the ridge).
(b)
Depth: Such covered entryway or deck shall not
extend outward more than six feet from the affected entry.
(c)
Length: Such entryway or deck shall not extend
beyond the corners of the front or front line of the residence.
[Amended 8-14-2005 by L.L. No. 5-2005]
(d)
Such entryway or deck must be kept open on all
sides, excepting sides attached to the adjoining structure, and shall
not be enclosed at any time, excepting only by railings or a gate.
(e)
Such an entryway or deck is permitted by this
section only if the residence would have a front or rear yard depth
of at least 20 feet when taking the entryway or deck into consideration
as part of the building.
(f)
Such entryway or deck shall require the issuance
of a building permit prior to construction.
(2) Decks on the rear of a residence.
(a)
Height: Such deck shall not be more than 36
inches above the finished grade of the lot, as measured to the finished
deck top.
The provisions of this chapter shall apply to
fences, hedges or walls not over six feet high above the natural grade,
except that any fence, hedge or wall located within the front yard
setback, as listed in the zoning district regulations of this chapter,
shall not exceed three feet high above the natural grade. Fences shall
be placed such that the unfinished or post-side of the fence faces
to the interior of the property of the person(s) erecting the fence
and the finished or smooth side faces outward toward adjoining properties.
In any residence district, no structure, fence
or planting over three feet in height shall be maintained on any corner
lot within the triangular area formed by the lot lines along the streets
to the points on such lines a distance of 30 feet from their intersection
and a line connecting such points.
Every part of a required yard shall be open
from its lowest point to the sky unobstructed, except for vegetation
and the ordinary projections of sills, belt courses, pilasters, leaders,
chimneys, cornices, eaves and ornamental features, provided that no
such projection may extend more than two feet into any required yard.
Bays, including their cornices and eaves, may extend not more than
two feet into any required yard, provided that the sum of such projections
on any wall shall not exceed 1/3 the length of such wall. An
open fire balcony or fire escape may extend not more than four feet
into any required yard.
Whenever a lot upon which stands a building
or structure is changed in size or shape so that the area or yard
requirements of this chapter are no longer complied with, except when
such change is the result of a taking of land for a public purpose,
such building shall not thereafter be used until it is altered, reconstructed
or relocated so as to comply with these requirements.
When there is more than one principal building
on a lot in any district, the space between such buildings shall be
no less than the sum of the side yards required or the sum of the
rear and front yards, as the case may be.
No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for sale or for use other than
on the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises
and excavation or grading incidental thereto.
Within one year after work on an excavation
for a building has begun or within one year after a building has been
destroyed or demolished, such excavation or cellar hole remaining
shall be covered over or filled to the normal grade by the owner.
No driveway or other means of access for vehicles,
other than a public street, shall be maintained or used in any residence
district for the servicing of a business or manufacturing use located
in a business or manufacturing district.
Parking in front yards, or any yard equivalent
for the purposes of this chapter, is prohibited, except in an established
driveway.
A. General application. No building or structure shall
have a greater number of stories nor have an aggregate height of a
greater number of feet than is permitted in the district in which
such building or structure is located, except as noted elsewhere in
this chapter.
B. Permitted exceptions to height regulations. Chimneys,
cooling towers, elevators, bulkheads, fire towers, gas tanks, grain
elevators, steeples, water towers, ornamental towers or spires, communications,
radio or television towers or necessary mechanical appurtenances may
be erected as to their height in accordance with existing or hereafter-adopted
ordinances of the Village of Horseheads, provided that no tower other
than a church spire or tower of a public building shall exceed the
height regulations by more than 40%. No tower shall be used as a place
of habitation or for tenant purposes. No sign, nameplate, display
or advertising device of any kind whatsoever shall be inscribed upon
or attached to any chimney, tower, tank or other structure which extends
above the height limitations.
A. Unattached accessory structure in R- Districts. Accessory
structures which are not attached to a principal structure may be
erected in accordance with the following requirements:
(1)
An accessory building not exceeding 12 feet
in height may occupy not more than 30% of a required rear yard.
(2)
No accessory structure shall be located within
six feet of side or rear lot lines.
(3)
No accessory structure shall be located closer
to the street than the front yard setback required for a principal
structure in the district in which such accessory structure may be
located.
(4)
For corner lots, the setback from the side street
shall be the same for accessory buildings as for principal buildings.
(5)
No more than one accessory building, in addition
to a detached private garage, shall be permitted on a lot in a residential
district.
B. Attached accessory structures in R Districts. When
an accessory structure is attached to the principal building, it shall
comply in all respects with the yard requirements of this chapter
applicable to the principal building.
C. Accessory structures in other than R-Districts. Accessory
structures shall comply with front and side yard requirements for
the principal structure to which they are accessory and shall be no
closer to any rear property line than 10 feet.
A. Unenclosed uses.
(1)
Any approved unenclosed use as may be required
by this chapter to be landscaped in accordance with this subsection
shall provide a fence, screen or landscaping sufficient to obscure
such use from view from abutting properties lying in residential districts
or from a public right-of-way.
(2)
Plans and site design for the installation of
required fences or landscaping shall be reviewed by the Planning Board
prior to the issuance of a building permit for such uses as are required
by this chapter to be provided with such fences or landscaping.
B. Maintenance. Any fencing or landscaping installed
in accordance with this section shall be maintained in good order
to achieve the objectives of this section. Failure to maintain fencing
or to replace dead or deceased landscaping shall be considered a violation
of this chapter.
A. No person, owner of real property situated in a residential
district, or contractor shall install a driveway without first applying
for and obtaining a permit.
B. No curb cuts or openings onto a roadway shall be made
for any driveway opening without first being reviewed by the Code
Enforcement Officer and approved by the Director of Public Works.
C. The maximum number of driveway openings shall be one
per single-family dwelling on a lot.
D. No driveway opening shall be closer than fifty feet
to the intersection of any public roads.
E. The angle of a driveway opening with a public road
shall be as close to 90º as is practicable.
F. The maximum width of a driveway opening shall be 20
feet, and the minimum driveway opening width shall be 10 feet.
G. The sizes and slopes of driveway storm drains and
culverts within the street right-of-way shall be specified by the
Director of Public Works. The owner shall bear all costs for pipe,
grating, paving, drains, culverts, and other construction materials
required within the Village right-of-way.
H. No driveway opening shall be allowed where the sight
distance, in feet, in both directions is less than ten times the posted
speed limit, in miles per hour. In the event that road frontage of
the property specified on the application is situated such that no
driveway opening may be constructed with the full maximum sight distance
in both directions as required herein, the Director of Public Works
may require the driveway opening to be located to allow for maximum
sight distances in both directions.
I. The owner or occupant of real property shall trim
brush and maintain the property in such a way as to maintain optimal
sight distances.
J. Parking shall be permitted only in approved driveway,
carport, or garage areas.
K. Driveways which cross sidewalk areas must provide
for sidewalk sections that adjoin and are of matching material to
those on either side of the driveway.
L. Driveways shall be maintained in a manner that precludes
deterioration or the creation of a safety hazard.
M. Driveways may be constructed of gravel, concrete,
blacktop, masonry pavers, or other similar materials intended for
such use, as approved by the Director of Public Works.