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.[1]
[1]
Editor's Note: See NY Gen City § 1 et seq.
A.
In all districts where residences are permitted, a lot held in single ownership may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in Article V, Lot, Area and Height Regulations, except as provided in § 250-23 above regarding existing lots of record or as provided in Article IX of this chapter regarding residential cluster development in accordance with the City of Amsterdam's Land Subdivision Regulations and § 37 of the General City Law.
B.
Further, a residential lot of required or greater-than-required area
as set forth in this chapter shall not be reduced in area for transfer
of ownership if such lot so divided will form two or more lots any
of which shall be less than the minimum lot area required for the
district in which the lot or lots are situated.
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.
A.
Front yard exceptions. When a vacant legally existing lot of record
is situated between two improved lots, each having a principal building
within 25 feet of any side lot line of such unimproved lot, the front
yard may be reduced to a depth equal to the greater of the depths
of the front yards of the two adjoining improved lots, but shall not
be less than 10 feet. However, where such lot may front on a right-of-way
proposed to be widened according to the Official Map of the City or
a heretofore approved subdivision plat, the front yard shall be as
required for the zoning district in which the lot is located and shall
be measured from the proposed future right-of-way.
B.
Side yard exceptions.
(1)
Side yard width may be varied. Where the sidewall of a building is
not parallel with the side lot line or is broken or otherwise irregular,
the minimum 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 side yard shall not be narrower
at any one point than 1/2 the otherwise required minimum width.
(2)
Width of one side yard may be reduced. Where specifically authorized
by the Zoning Board of Appeals, the width of one side yard may be
reduced to a width of not less than five feet, provided that the sum
of the width of the two side yards is not less than the required minimum
that would have otherwise been required for both side yards; and further
provided that the distance between the proposed structure and any
structure, existing or proposed, on an adjacent lot is not less than
the required minimum sum of the widths of the two side yards. Such
reduction may be authorized only when the Zoning Board of Appeals
finds it to be warranted by the location of existing buildings or
conducive to the desirable development of two or more lots.
(3)
Side yard of corner lot. The side yard of any corner existing lot
of record at the time of the adoption of this chapter shall have a
width equal to 10 feet or not less than 1/2 the required minimum front
yard setback of any adjoining lot fronting on the side street, whichever
shall be greater. Any corner lot delineated by subdivision after the
adoption of this chapter shall have a side yard equal in width to
the minimum front yard setback of any adjoining lot fronting on the
side street.
A.
Required front yards. On a corner lot, each street frontage shall
be deemed to be a front street line and the required yard along each
such lot line shall be a required front yard. The Building Inspector,
in consultation with the owner, shall establish which of the remaining
yards shall be the required side yard and the required rear yard for
purposes of this chapter.
B.
Obstructions at street intersections. At all street intersections,
no obstructions to vision, such as a fence, wall, hedge, structure
or planting over three feet in height as measured above the curb level,
if any, or above the existing street or roadway grade, shall be erected
or installed and maintained on any lot within the triangle formed
by the intersecting street lines or their projections where corners
are rounded and a straight line joining said street lines at points
which are 30 feet distant from their point of intersection measured
along said street lines and/or projections.
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.
B.
Chimneys or pilasters.
C.
Open arbor or trellis.
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.
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.
A.
There shall be not more than two accessory structures, other than
a permitted sign, of which no more than one shall be a private garage,
on any lot intended or used for residential purposes.
B.
Accessory structures in residential districts not attached to the
principal structure may be erected in accordance with the following
requirements:
(1)
No accessory structure shall exceed 15 feet in height.
(2)
No accessory structure greater than six feet in height shall occupy
more than 20% of any required rear yard.
(3)
No accessory structure shall, however, be located within five feet
of any side and/or rear lot lines.
(4)
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.
(5)
For corner lots, the setback from the side street shall be the same
for accessory buildings as for principal buildings.
C.
Accessory structures in residential districts attached to the principal
structure shall comply in all respects with the yard requirements
applicable to the principal structure.
D.
Accessory structures in nonresidential districts shall comply fully
with the front and side yard requirements for the principal structure
to which they are accessory and shall not be closer to any rear property
line than 10 feet.
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.
A.
Where a residential district abuts a nonresidential district on a
street line, there shall be provided in the nonresidential 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 residential district.
B.
Where the side or rear yard in a residential district abuts a side
or rear yard in a nonresidential district, there shall be provided
along such abutting line or lines a side yard at least equal in width
or rear yard at least equal in depth to that required in the residential
district. In no case, however, shall the abutting side yard be less
than 10 feet nor the abutting rear yard less than 20 feet.
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.
