In order to provide a sound environment including adequate open
spaces for access to light and air, to facilitate the prevention of
fire, to prevent undue concentration of population, and to lessen
congestion in the streets, no building or premises shall be erected,
altered or used except in accordance with the standards set forth
in this article.
The attached schedule of density controls is hereby adopted
and declared to be part of this zoning chapter. It is hereinafter
referred to as the "City of Olean density control schedule."[1]
[1]
Editor's note: This table is included as an attachment to this chapter.
Wherever a side or rear yard is adjacent to a street, both front
and side yards shall be considered to be front yards and the standards
for front yards shall apply.
6.3.2
Equipment needed for the operation of active or passive solar energy
systems may be approved within required yard setbacks subject to site
plan approval.
6.3.3
Any open or enclosed porch, deck or attached carport or garage shall
be considered a part of the building in the determination of the size
of the required yard or lot coverage. Paved terraces which are not
covered shall not be considered a part of the building.
6.3.4
Accessory uses and buildings may be located in accordance with section
10.5.
6.4.1
In all districts where residences are permitted, a lot held in single
ownership may be improved for residential use according to the minimum
lot size per dwelling unit and area bulk regulations for the district
as set forth in the density control schedule, provided that there
shall be no more than one principal building and use on each lot except
as provided herein. If two or more residential structures are proposed
to be located on the same lot, the maximum average density requirement
must be complied with and the lot shall be subdivided so as to provide
adequate width and yards.
6.4.2
A building permit shall not be issued for any residential lot of
required or larger than required size according to the requirements
of this zoning law where the lot has been reduced in size through
subdivision and any resulting subdivided lot is not in compliance
with the lot size requirements of this zoning law.
Side yards for semi-detached, townhouses or multi-family dwelling
units, where permitted, shall be required at the ends of the total
structure only.
The requirements for minimum distance separations between principal
buildings, whether on the same or on different lots, shall be those
shown in section 6.1, "Density control schedule".
Where a proposed lot abuts two or more lots which have front
yards of less than the required depth for the district, the front
yard for the proposed lot need not exceed the average front yard of
the abutting lots. If one abutting lot has a front yard of less than
the required depth for the district, the front yard of the proposed
lot need not exceed a depth 1/2 way between the depth of the front
yard of the abutting lot and the required front yard depth.
Where a proposed lot abuts two or more lots which have front
yards greater in depth than the required depth for the district, or
if one abutting lot has a front yard greater than the required depth
for the district, the front yard requirement for the proposed lot
shall be determined by averages in the manner specified above.
Projections such as chimneys, silos, church spires, domes, elevator
shaft housings, water tanks, skylights, antennae, aerials, flagpoles,
solar energy collectors and equipment used for the mounting and operation
of such collectors, and other similar objects not used for human occupancy
shall be subject to site plan approval prior to issuance of a building
permit.
Where the side wall of a building is not parallel to the side
lot line or where the side lot line is irregular, the width of the
side yard may be varied. In such case, the average width of the side
yard shall not be less than the otherwise required minimum width;
provided, however, that such yard shall not be narrower at any point
than 1/2 of the normally required width.
In the case of a lot running through from one street to another
street or alley, the frontage on which the majority of the buildings
in the block front shall be considered the primary frontage for the
purposes of this chapter. In cases where there is no clearly defined
frontage, the owner, when applying for a building permit, shall specify
which lot line is considered the primary frontage. The rear portion
of such a lot shall, however, be treated as a lot front for the purposes
of determining required setbacks and locations of permitted structures
and uses.
Where a residential district abuts a nonresidential district
along a street line, there shall be provided in the non-residential
district, a landscaped setback or yard area at least equal in depth
to 1/2 of the dimension required in the residential district.
