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Town of Colden, NY
Erie County
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Permitted uses and structures for the R-2 General Residence District shall be as follows:
A. 
Principal uses and structures.
(1) 
Single-family dwelling.
(2) 
Church or other places of worship or religious education, parish house, convent, rectory or parsonage.
(3) 
Fire station.
(4) 
Public library or public museum.
(5) 
Elementary or secondary school accredited by the New York State Department of Education.
(6) 
Golf course of at least nine holes, except miniature golf course and practice driving range operated as individual commercial enterprises, including accessory buildings, structures and uses which are necessary for or customary to golf course operations; provided, further, that no building or structure shall be less than 100 feet from any street line, road line or any other lot in an R or AG District.
(7) 
Bed-and-breakfast establishments.
(8) 
Cluster housing, including townhouses, subject to the provisions for cluster housing and townhouses as stipulated in the appropriate article of this chapter.[1]
[1]
Editor's Note: See Art. XVII of this chapter.
(9) 
Two-family dwelling, multifamily dwelling or condominium.
(10) 
Dwelling group, provided that all buildings are located so as to permit future division of the property into separate lots with minimum area and yard requirements as stipulated in the R-2 District.
(11) 
Institution of a religious, charitable or philanthropic nature, provided that such principal buildings shall be at least 50 feet from any other lot in any R or AG District.
(12) 
Group home for developmentally disadvantaged, unrelated persons, not to exceed accommodations for eight such persons, subject to side yard requirements for other principal buildings.
(13) 
Nursing, custodial or convalescent home subject to side yard requirements for other principal buildings. Penal institutions are excluded.
(14) 
Preschool, nursery school or day nursery, subject to side yard requirements for other principal buildings.
(15) 
The following uses by special use permit authorized by the Town Board, subject to Article XXII of this chapter relating to the issuance of special use permits:
[Added 8-14-1997 by L.L. No. 6-1997; amended 11-6-1997 by L.L. No. 8-1997]
(a) 
Public events.
(b) 
Telecommunications facilities, which shall be governed by the provisions of Chapter 96.
B. 
Accessory uses and structures.
(1) 
Accessory uses and structures permitted and as regulated in the R-1 District.
(2) 
Accessory uses and structures customarily incidental to permitted principal uses.
(3) 
Accommodations for not more than three roomers or lodgers within a dwelling.
(4) 
Satellite antennas measuring one meter or less in diameter. Such satellite dishes shall require the issuance of a building permit. All such satellite antennas shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to side yard requirements.
[Added 11-6-1997 by L.L. No. 8-1997]
(5) 
Solar energy conversion systems 25kW or less via unified solar permit.
[Added 2-8-2018 by L.L. No. 2-2018]
C. 
The following uses by special use permit authorized by the Town Board, subject to Article XXII of this chapter relating to the issuance of special use permits:
[Added 3-12-2009 by L.L. No. 2-2009]
(1) 
Private wind energy conversion systems.
(2) 
Solar energy conversion systems greater than 25kW via special use permit.
[Added 2-8-2018 by L.L. No. 2-2018]
(3) 
Solar energy conversion systems 25kW or less via special use permit.
[Added 2-8-2018 by L.L. No. 2-2018]
Minimum floor area shall be as follows:
A. 
For single-family: 960 square feet.
B. 
For two-family dwelling: 1,600 square feet total; 800 square feet for each dwelling unit.
The maximum height of buildings shall be as specified in this section:
A. 
Single-family or two-family dwelling: 2 1/2 stories not to exceed 35 feet.
B. 
Other principal buildings: as regulated by yard requirements.
C. 
Accessory buildings: not to exceed 25 feet.
The minimum lot size shall be as specified in this section:
A. 
Lot area.
(1) 
One hundred twenty-five thousand square feet (approximately three acres) without public utilities.
(2) 
Forty-five thousand square feet with public utilities.
(3) 
Two-family/multifamily dwellings.
(a) 
Four acres without public utilities, plus 1/2 acre for each additional dwelling unit beyond two.
(b) 
Twenty-two thousand five hundred square feet per dwelling unit with public utilities.
B. 
Lot width at building line.
(1) 
Two hundred fifty feet without public utilities.
(2) 
Three hundred feet for two-family/multifamily dwellings without public utilities.
(3) 
Where a lot is served by public utilities:
(a) 
One hundred fifty feet for a single-family dwelling unit.
(b) 
One hundred fifty feet for a two-family dwelling unit.
(c) 
One hundred fifty feet, plus an additional 25 feet per dwelling unit for a three- or more dwelling unit building.
The minimum required yards and other open spaces shall be as specified in this section:
A. 
Front yard: fifty-foot setback from right-of-way.
B. 
Side yards: two required.
(1) 
Single- or two-family dwellings: 15 feet without public utilities.
(2) 
Single- or two-family dwellings:
(a) 
With public utilities, minimum width of any side yard: 15 feet.
(b) 
The total width of both side yards: not less than 40 feet.
(3) 
Three- or more family dwelling: not to exceed three stories in height; minimum side yard: 30 feet from any property line.
(4) 
Other principal buildings: Each side yard shall equal 30 feet for a single-story principal building and 45 feet for a two-story principal building.
C. 
Rear yard. No rear yard shall have a depth of less than 50 feet measured from the main building or 15 feet measured from an accessory building.
[Amended 5-9-2002 by L.L. No. 1-2002]
D. 
Open space between principal buildings on a single lot. No vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than a distance of 30 feet for a single-story building and 45 feet for a two-story building.
For applicable off-street parking requirements, see the appropriate article of this chapter.[1]
[1]
Editor's Note: See Art. XI, Off-Street Parking.
For applicable sign regulations, see the appropriate article of this chapter.[1]
[1]
Editor's Note: See Art. XIII, Signs.
For applicable supplemental regulations pertaining to use, height, area, open space or clustering, see the appropriate articles of this chapter.[1]
[1]
Editor's Note: See Arts. XIV through XVII of this chapter.