Nothing contained herein shall prohibit the use of an existing
lot of record that contains less than the prescribed lot area or lot
width for the district in which said lot is located, if such existing
lot of record was owned individually and separate from any adjoining
lot or tract at the time of adoption of the City's predecessor Zoning
Ordinance on September 9, 1964, or any amendment thereto which may
have affected the zoning status of said lot area or width, including
this chapter, provided that:
A. Such lot does not adjoin any other lot, lots or land held by the
same owner whose aggregate area would either be less noncomplying
or is equal to or greater than the minimum lot area required for that
district.
B. Such lot may not be developed or used for more than one dwelling
unit and its associated accessory structures.
C. Such use shall satisfy all applicable requirements of the City of
Amsterdam and the New York State Health Department for potable water
supply and sewage disposal facilities.
D. Such lot has direct access to an improved street and not less than
25 feet of frontage on that street.
E. All other area and bulk regulations for that district are met.
F. If created after September 21, 1948, the lot is part of a plat approved
by the City of Amsterdam Planning Commission in accordance with the
City's Land Subdivision Regulations and filed in the office of the
Montgomery County Clerk in a timely manner pursuant to General City
Law.
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 specifically provided in this chapter.
A. The height limitations set forth in Article
V, Lot, Area and Height Regulations, shall not be applicable to the following:
(1) Flagpoles, radio or television antennae, transmission towers or cables,
windmills, agricultural barns and silos and similar features, any
of which shall be restricted to a maximum height of 80 feet above
average finished grade at its base.
(2) Spires, belfries, chimneys, skylights, water or cooling towers, parapets
or railings, elevators, stair bulkheads, solar collectors, air-conditioning
units or similar structures which in their aggregate coverage occupy
no more than 10% of the roof area of the building of which they are
a part. Such features shall be erected only to such minimum height
as is necessary to accomplish the purpose for which they are intended.
(3) A hospital structure in the Medical Residential Neighborhood (MRN)
District which may be erected to a height not exceeding five stories
or 73 feet, whichever is the more restrictive.
B. No structure or other exception set forth in Subsection
A(1) and
(2) above shall be used as a place for habitation or for advertising not otherwise authorized by this chapter.
The following architectural features of a building may extend
into a required yard subject to limitations provided herein:
A. Ordinary projections of windowsills, belt courses, cornices, eaves
and other architectural features; provided, however, that such features
shall not project more than three feet into any required yard.
D. Unroofed steps, patio or terrace not less than 15 feet from the highway
right-of-way nor less than five feet from any side or rear lot line,
provided that the building complies with the yard requirements of
this chapter, except that in the Downtown Core (DC) and Employment
District (ED) such feature may encroach wholly to the lot line if
determined by the Planning Commission under site plan review to represent
no detriment to the public health, safety or welfare.
E. Awning or movable canopy not to exceed 10 feet in height, nor projecting
more than six feet into any required yard.
F. Retaining wall, fence or masonry wall, except as limited by §
250-27B or §
250-40 of this chapter.
G. Open fire escapes on the side of rear of a building and extending
not more than eight feet from the principal building or closer than
five feet to any lot line.
Where more than one principal building may be permitted on a
lot, no detached principal building shall be located closer to any
other principal building on the same lot than the height of the taller
of said buildings.
Aggregate land coverage by principal and accessory buildings
or structures on any lot shall not be greater than is permitted in
the zoning district where such principal and accessory buildings are
located.
In any residential district, every lot shall have a frontage at the street property line not less than 75% of the required minimum lot width for the district as specified in Article
IV.
No more than 25% of the required minimum lot area for any lot
in any district may be fulfilled by land, which is included within
a designated wetland, as delineated by the New York State Department
of Environmental Conservation, which lies underwater or which is subject
to periodic flooding. All minimum front, side and rear yard requirements
must be satisfied by measurement wholly on dry land, except that,
for purposes of this section land which is covered by a stream less
than five feet in average width at mean water level shall not be considered
as being underwater.
No dwelling shall be erected within any residential district,
which has habitable main floor space of less than 900 square feet,
with a minimum narrow dimension depth of not less than 24 feet.