Note: Uses marked with an asterisk (*) are allowed
by two or more types of permits (by right, special use or no permit),
and the supplemental section referred to should be consulted in each
case to fully understand which permit applies.
A. Uses permitted by right:
(1)
Single-family detached residential dwellings (except mobile
homes).
(4)
Home occupation, minor: in accordance with supplemental §
405-720.
B. Uses by special use permit:
(1)
Solar energy system, in accordance with supplemental §
405-713.
(2)
Second accessory structure meeting size and setback requirements.
C. Permitted accessory uses:
(1)
One accessory structure or use meeting the size and setback
requirements described below (Subsection E).
(2)
Detached private garage meeting the size and setback requirements
described below (Subsection E).
(3)
Garden house, greenhouse, tool house and similar uses for residential
lots.
D. Lot limitations:
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Maximum lot coverage: 25%.
(4)
Minimum front yard dimension:
(a)
Fifty feet from lakeshore or waterfront side.
(b)
Thirty feet from highway if highway is deemed to be front yard
under these regulations.
(5)
Minimum side yard:
(a)
Nonconforming lots shall strictly adhere to a minimum five-foot
side yard setback for all principal and accessory structures.
(b)
Lots conforming to the area standards of the LR District shall
have a minimum side yard setback of 10 feet for all principal structures.
(c)
Lots conforming to the area standards of the LR District shall
have a minimum side yard setback of five feet for all accessory structures.
In no case shall an accessory structure intrude into the required
setback.
(6)
Maximum building height:
(a)
One story, or 23 feet to the ridge of the roof for all principal
structures on lots where the ten-foot side yard setback cannot be
accommodated.
(b)
2 1/2 stories, or 30 feet to the ridge of the roof for
all principal structures on lots able to meet all conforming side
yard setback requirements.
(c)
One story, or 12 feet for all detached accessory structures.
(7)
Off-street parking.
(a)
One-family dwelling: two spaces required.
(8)
A storage structure as defined in §
405-1703 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in §
405-1703 of this chapter. Storage structures that are located on lots in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of five feet. This relief shall be granted for one storage structure per lot. Storage structures on waterfront lots shall be subject to a five-foot minimum side yard and ten-foot minimum rear yard setback.
(9)
A nonconforming lot of less than 5,000 square feet in the LR
Zoning District, separately owned and not adjoining any lot or land
in the same ownership at the effective date of this chapter and not
adjoining any lot or land in the same ownership at any time subsequent
to such date may be used, or a building or structure may be erected
on such lot for use, in accordance with all the other applicable provisions
of this chapter, provided that proof of such separate ownership is
submitted in the form of an abstract of title showing the changes
of title to said lot, which abstract shall be in the usual form, shall
be certified by an attorney or a company regularly doing such work
in Chautauqua County or by a corporation duly licensed to examine
and insure title to real property in Chautauqua County and shall contain
a certification that no contiguous property was owned by an owner
of the property involved since the date of any previously applicable
zoning law. Such lot shall be granted relief for side and rear yard
dimensions as follows:
(a)
Side yard: a minimum of five-foot setback.
(b)
Rear yard: a minimum of a thirty-foot setback.
Wherever commercial, manufacturing, or other non-residential
uses, with the exception of agricultural activities and home occupations,
are proposed, the following performance standards shall apply. The
Code Enforcement Officer shall ensure these standards are met prior
to issuing certificates of use for such uses and may require the applicant(s)
to provide documentation of compliance.
A. Where a commercial or manufacturing use is contiguous to an existing
residential use in any district (including those situated on the opposite
side of a highway), or any approved residential lot in a residential
district, the permitting board may require that the minimum front,
side, and rear yards be increased by up to 50%. The Board may also
require, for purposes of separating incompatible activities or shielding
the residence from negative impacts, that a buffer consisting of a
solid fence of wood and/or a 20-foot-wide dense evergreen planting
not less than six feet high be maintained, unless the properties are
in the same ownership, or the full width of the yard is already wooded.
B. All activities involving the manufacturing, production, storage,
transfer, or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. Firefighting and fire suppression equipment and devices
shall be provided pursuant to National Fire Protection Association
guidelines. Burning of waste materials in open fires is prohibited.
Details of the potential hazards and planned safety and accident response
actions shall be provided by the applicant. The permitting board may
also require greater front, side, and rear yards, fencing and other
buffers as safety measures.
C. No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D. The outdoor day-night average sound level (DNL) in decibels at the
property line shall not exceed 65 decibels. The Code Enforcement Officer
shall determine such average sound level by taking no less than three
measurements with a decibel meter, all of which shall occur within
72 hours but no less than 15 minutes apart.
E. No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
F. All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source.
(1)
Light sources shall comply with the following standards:
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
|
---|
Globe light
|
0.20
|
15
|
>90% Cutoff
|
0.75
|
25
|
<90% Cutoff
|
2.00
|
30
|
(2)
No direct or sky-reflected glare, whether from floodlights or
from high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
G. No emission shall be permitted on a regular or continuing basis from
any chimney or otherwise, of visible gray smoke of a shade equal to
or darker than No. 2 on the Power's Micro-Ringelmann Chart, published
by McGraw-Hill Publishing Company, Inc., and copyright 1954.
H. No emission of fly ash, dust, fumes, vapors, gases, and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling.
I. All activities involving the possible contamination of surface or
ground water shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
J. Whenever a vehicle and equipment sales, mechanical and body repair
use is proposed as a special use, or as an expansion of an existing
nonconforming use, the following additional performance standards
shall apply:
(1)
All mechanical and body repair work shall be performed within
buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored
within buildings.
(3)
Whenever practicable, vehicles which are temporarily on the
property awaiting to be repaired, shall be stored in an area which
meets the minimum yard and buffer requirements applicable for the
district and the use.
K. All industrial uses, processing and storage shall be within fully
enclosed structure. The facade of buildings and structures in industrial
uses shall be compatible with adjacent development and shall be fully
landscaped in accordance with the requirements therefor that are contained
herein.
L. The permitting board may require a landscape plan be prepared as
part of any special use application. Such a plan may also be required
whenever any non-residential and non-agricultural use is proposed
in any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed special use would not have a significant impact on the natural
environment, adjoining landowners or the view from a public highway,
these requirements may be appropriately modified by the permitting
board. The landscape plan, if required, shall specify locations of
all mature shade trees or other species of 2.5-inch caliper or greater
and indicate existing vegetation to be removed or preserved. It shall
demonstrate how building materials, colors, and textures will be blended
with the natural and man-made landscape. It shall also include visual
depictions of the proposed landscape from the perspective of persons
who will view the site from the highway or adjoining properties. Specific
locations, varieties, sizes, winter hardiness, and schedules for all
proposed plantings shall, too, be provided as part of the plan. The
permitting board, in reviewing a landscape plan, may employ the assistance
of design professionals and shall specifically consider the following
in acting upon the special use application:
(1)
The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular
and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character
to buildings, structures, and native plant species. It should be of
sufficient size and quality to accomplish its intended purposes. All
ornamental and shade trees should have a minimum caliper of 2.5 inches
measured four feet above the ground and a minimum height of six feet.
All shrubs should be a minimum of two feet in height excepting for
ground cover species used as part of an overall plan including other
shrubs and trees.
(4)
The plan should effectively buffer the activity from adjoining
land uses as may be necessary and soften the impact of other site
development as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use
materials that, as a minimum, are winter hardy to Zone 5.