In all disticts, except the VB District, the lot frontage at
the street line shall be not less than 40 feet.
On a corner lot in any residence district, within the triangular
area determined as provided in this section, no wall or fence or other
structure shall be erected to a height in excess of three feet; and
no vehicle, object or any other obstruction of height in excess of
three feet shall be parked or placed; and no hedge, shrub, or other
growth shall be maintained at a height in excess of two feet; except
that trees whose branches are trimmed away to a height of at least
10 feet above the curb level, or pavement level where there is no
curb, shall be permitted. Such triangular area shall be determined
by two points, one at each intersection street line, each of which
point is 25 feet from the intersection of such street lines.
All buildings used for human habitation or as shelter for employees
shall have a first floor elevation at least five feet above the seasonal
high groundwater elevation as estimated by the Natural Resources Conservation
Service in its soil survey of the Town of Newfane.
In order to assure orderly and compatible relationship between
residence districts and nonresidential districts along their common
boundry lines the following requirements shall be met along such boundaries:
A. Minimum required transitional side and rear yards within nonresidential
districts adjoining residence districts shall be 30 feet.
B. Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal to be erected and maintained by the nonresidential property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of §
270-13.4, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
Produce stands may be maintained in residential districts by
the owner or bona fide lessee of the premises on which the stand is
to be located upon the following conditions:
A. Only agricultural and garden products grown exclusively within the
Town of Newfane may be displayed and sold.
B. No permanent structures may be erected or maintained for such use
except upon approval of the Planning Board.
C. Produce stands and displays of products shall not be located nearer
than 20 feet to the paved portion of the highways.
D. Adequate parking areas shall be provided off the paved portion of
the highway.
E. All produce stands shall be conducted in a neat and sanitary manner.
[Amended 5-26-1999]
Attached dwellings or townhouses are herein regulated in addition
to the provisions of the zoning districts to encourage the planned
grouping of dwellings and provide for the common area and ancillary
facilities to support the resulting density of development. These
requirements form the minimum standards for townhouse development.
A. Grouping length. The maximum group length of townhouse units in a
continuous or adjoining cluster is 120 feet or six contiguous units.
There shall be an offset every two units of at least 10 feet in the
exterior wall facing the street. This produces at least two offsets
in groups of five or more and one offset in groups of three units.
B. Unit size. Every townhouse shall be 800 square feet or more in total
livable floor area, and the average unit size of any townhouse cluster
shall be 1,000 square feet.
C. Height. The maximum height of any townhouse shall be 2 1/2 stories,
not to exceed 35 feet.
D. Minimum development area/density. The minimum area for any townhouse
development shall be one acre, either as an individual use or cumulatively
as part of a mixed development. Each townhouse unit shall have a lot
area of 5,000 square feet reserved, of which 2,000 square feet is
dedicated as common area for recreation and open space. Gross density
of development shall not exceed 8.0 units per acre.
E. Street access. Each townhouse cluster or group shall have access
to a public street via a paved public or private right-of-way accessible
by emergency and service vehicles. Any recreation or open space dedicated
for public use shall be similarly accessible to an improved public
or private street.
F. Utility services. Townhouse units shall be served by public sewer
and water. Utility services shall be separately provided to each unit,
and heating, ventilation and air-conditioning systems shall be provided
to each unit so that no townhouse will in any way be dependent on
or through any other unit for such services or utilities.
G. Parking, drives and walks. A minimum of two off-street parking spaces
shall be provided for each unit, either on the lot of each unit or
in common parking areas available within 300 feet of the unit for
which they are intended. All parking areas, drives, walkways and private
streets shall be paved and provisions made for continual maintenance
by the development. Walkways shall be provided along the street front
of each townhouse group and linked to parking and recreation areas.
H. Recreation areas. Every townhouse development shall create and maintain
a common recreation area for active and passive activities. Such areas
may be provided within the development or in joint with a contiguous
development, subject to approval of the Planning Board. The recreation
area shall consist of a minimum of 800 square feet for each unit in
the development and be not less than 1/2 acre in minimum area. Such
areas shall be developed and maintained by the townhouse development.
I. Dimensional requirements. Townhouse development shall conform to
the following minimum development standards:
(1)
Minimum development width: 120 feet on a public street.
(2)
Setback, development: 75 from a public right-of-way.
(3)
Setback, unit: 12 feet from a private right-of-way.
(4)
Minimum unit lot width: 20 feet; 25 feet for end units.
(5)
Side yard, development: 20 feet; 50 feet from any other residential
zoning.
(6)
Side yard, cluster: 20 feet; 30 feet separation between buildings.
(7)
Rear yard, development: 50 feet.
(8)
Rear yard, cluster: 30 feet.
(9)
Development coverage: maximum 40% of the total site.
[Amended 5-26-1999]
Mobile homes are herein regulated in addition to the provisions
of the zoning districts to encourage the planned grouping of units
with the infrastructure and services necessary to accommodate the
density and type of units involved. These regulations provide for
adequate recreation and common area and ancillary facilities to support
the resulting density of development. These requirements form the
minimum standards for mobile home park development.
A. Supplemental dimensional regulations.
(1)
Area. The minimum area for any mobile home park shall be five
acres. There shall be an identified lot for each mobile home within
the park, which shall be a minimum of 4,000 square feet for each dwelling
unit; provided, however, that every unit shall be served by public
sewer and water services. Maximum density in a mobile home park shall
be eight units per acre of total development.
(2)
Lot width. The minimum width for each mobile home lot shall
be 40 feet; except that for any mobile home unit greater than 12 feet
in width, the minimum lot width shall be 60 feet.
(3)
Lot coverage. The lot coverage of a mobile home, together with
an expansion or accessory structure permitted thereto by this chapter,
shall not exceed 25% of the total mobile home lot area.
(4)
Yard areas. No mobile home shall be located within 15 feet of
another mobile home; provided, however, that with respect to mobile
homes parked end to end, the distance between mobile homes so parked
shall be no less than 10 feet.
(5)
Height. No mobile home shall exceed 14 feet in height nor shall
any storage or other accessory structure permitted in this chapter
exceed the height of any mobile home that it serves; utilities, television
antennas and radio aerials exempted.
(6)
Setback.
(a)
The first lot within a mobile home park shall be located no
less than 75 feet from any public right-of-way. In no case shall any
structure be located closer to the street right-of-way than the setback
line.
(b)
Mobile homes within the park shall be set back no less than
30 feet from the right-of-way of any street, lane or driveway. In
the case of a corner lot within the park, no mobile home shall be
located closer than 20 feet to the right-of-way of the side street,
lane or driveway.
(c)
No structure in the MHP District shall be located closer than
50 feet to the lot line of an adjacent property that is in the Agricultural
or Residential Districts.
B. Required improvements.
(1)
Location. Each mobile home lot shall be located on a well-drained
site to ensure rapid drainage and freedom from stagnant pools of water.
(2)
Markers for mobile home lots. Every mobile home lot shall be
clearly defined by markers posted and maintained in a conspicuous
place on each lot corresponding to the number of each lot as shown
on the site plan.
(3)
Patio. A patio of 100 square feet shall be installed for each
mobile home. Said patio shall be constructed of asphalt or concrete
and shall be no less than three inches thick.
(4)
Garbage container. Each mobile home lot within the park shall
be provided with at least one tight-fitting, closed-top garbage or
trash container, with disposal provided at a frequency to assure it
will not overflow.
(5)
Parking. Each mobile home park shall provide for adequate vehicle
parking at the rate of two car spaces per mobile home lot, either
on each lot or in common parking areas within the park conveniently
located to the mobile home lot(s) served.
C. Streets.
(1)
Minimum width. The minimum street, lane or driveway right-of-way
on which an individual mobile home within a mobile home park fronts
shall be 40 feet in width. In cases where the street, lane or driveway
ends, a cul-de-sac with a minimum turning radius of 100 feet shall
be constructed.
(2)
Surface. All streets, lanes and driveways shall be surfaced
and maintained for a width of 20 feet thereof with a durable dustproof
surface. The minimum material that meets these requirements will be
a two-shot bituminous treatment applied to a base of not less than
six inches of compacted bank gravel or equivalent.
(3)
Access to public street. All streets, lanes or driveways shall
have unobstructed access to a public street or highway. Driveway entrances
to a mobile home park from any public street or highway shall conform
to the current construction standard for entrance drives of the New
York State Department of Transportation.
D. Water and sewer facilities.
(1)
Water supply. Each mobile home lot shall be provided with an
adequate supply of public water as authorized by the Town of Newfane,
which shall be furnished to each lot in conformance with all applicable
laws, regulations, resolutions or ordinances. All water lines shall
be constructed frost-free.
(2)
Sewerage facilities. All waste and wastewater from a faucet,
toilet, tub, shower, sink, slop sink, drain, washing machine, garbage
disposal unit or laundry from any mobile home lot or common area within
the mobile home park shall be collected and conveyed to a public sewer
system within the mobile home park which is installed in accordance
with regulations and specifications of the Town of Newfane.
E. Lighting. Public areas of mobile home parks shall be adequately lighted
so as to permit safe movement of vehicles and pedestrians at night.
F. Playgrounds. Each mobile home park shall provide park and/or playground
space, specifically and exclusively for that purpose, at a rate of
2,000 square feet per mobile home lot and a minimum of 20,000 square
feet per park. Playground and recreation areas may be consolidated
with adjacent facilities of at least the size provided herein and
subject to approval of the Planning Board.
G. Mobile home additions. No structure shall be affixed to any mobile
home in a mobile home park nor shall any accessory structure be permitted
on any mobile home lot except those structures as required by this
chapter. The prohibition herein against any addition or accessory
to a mobile home shall not apply to a canopy or awning designed for
use with a mobile home nor to any expansion unit or accessory structure
specifically manufactured for mobile homes.
H. Registrations.
(1)
It shall be the responsibility of the park management to keep
a register containing a record of all mobile home owners and occupants
within the park. The register shall consist of the following information:
(a)
The name and address of the owner; the make, model, year and
registration number of the mobile home; and last place of location
of each mobile home.
(b)
The state where each mobile home is registered.
(c)
The lot to which each mobile home is assigned.
(d)
The date of arrival and departure of each mobile home.
(2)
The mobile home park shall keep the register available for inspection
at all times by law enforcement officers, public health officials
and other officials whose duties necessitate acquisition of the information
contained in the register. A copy of said register shall be submitted
to the Town Assessor of the Town of Newfane by December 31 of each
year.
I. Site plan required. Before a building permit shall be issued or construction
begun on any permitted use in this district, detailed site plans indicating
compliance with the substantive provisions of this chapter shall be
submitted to the Planning Board and approved in accordance with this
chapter.