Town of Marion, NY
Wayne County
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[See § 308-43, Schedule II, column with heading, "Maximum* Building Height (feet)."]
A. 
The height limitations of this chapter shall not apply to silos, agricultural buildings, church spires, belfries, cupolas and domes not used for human occupancy.
B. 
Chimneys, flagpoles, ventilators, skylights, water tanks, solar energy systems, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the maximum building height limitations of § 308-43, Schedule II, of this chapter, but shall comply with other applicable existing, or hereafter adopted, ordinances and local laws of the Town of Marion.
C. 
The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice extending above the height limits of this chapter by not more than five feet.
A. 
Any lot which has less area or width than that required at the time of adoption of this chapter, or any pertinent amendment thereto, shall be a nonconforming lot. Such nonconforming lot may be used for any land use activity permitted in the district where such lot is located except that no structure shall be erected on any nonconforming lot if the owner of said lot also owns adjacent vacant land which could be combined with the deficient lot to eliminate the nonconformity. All other requirements of Schedule II (height, yards, coverage, etc.) shall apply to such nonconforming lot except as may be otherwise set forth in § 308-12 below.
B. 
No nonconforming lot shall be further reduced in size.
A. 
Front yards. When existing houses located on either side of a vacant residential lot have front yards which are less than that required by Schedule II of this chapter, the front yard setback for such vacant lot may be reduced to conform to the average setback of the existing adjacent houses.
B. 
Side yards. For existing undersized lots which are controlled by § 308-11A above, the total side yard requirement set forth in § 308-43, Schedule II, may be reduced six inches for each foot by which the lot width is less than the required minimum. In no case, however, shall the side yard be reduced to less than 50% of the required minimum as set forth in Schedule II.
C. 
Projection in yards. Every part of a yard required by § 308-43, Schedule II, shall be open and unobstructed except for the ordinary projections of sills, cornices, pilasters, chimneys, eaves and ornamental features, provided that no such projections extend no more than three feet into any required yard.
A. 
The "zero lot line" concept, when used in the construction of single-family detached dwellings or when construction takes the form of townhouse units, where each unit has one or both side walls in common with an adjacent unit, shall be permitted only upon the Zoning Board of Appeals approval of a special permit in accordance with §§ 308-25D, 308-26C and 308-32B(6). Planning Board review and recommendation of the site plan shall be required per § 308-34B(2).
B. 
When multiple dwelling construction takes the form of townhouse units, where each unit has one or both side walls in common with an adjacent unit, the side yard requirements of § 308-43, Schedule II, shall apply only to the end unit in the row.