Town of Chautauqua, NY Article II Residential (R) District

§ 143-11 Permitted principal uses and structures.

[Amended 10-9-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No. 1-1991]

Permitted principal uses and structures in the R District shall be as follows:

A. Single-family detached dwellings.

B. Any land or building used by the Town of Chautauqua or the County of Chautauqua or the State of New York for administrative purposes, or other governmental purposes or public schools.

C. The open storage of private boats, boat trailers, fishing equipment and other water recreation equipment, provided that no such equipment shall be used for commercial purposes or be available to the general public.

D. Home occupations, subject to the conditions and requirements of § 143-63 below.

[Amended 2-8-1993 by L.L. No. 1-1993]

E. Upon obtaining a special use permit from the Town Board in accordance with the provisions of Article XII, the following uses shall be permitted:

[Amended 7-9-2012 by L.L. No. 1-2012]

(1) Conservation projects or wildlife reservations.

(2) Private boathouses.

(3) Churches or similar places of worship, parish houses or convents.

(4) Nonprofit private schools accredited by the New York State Department of Education.

(5) Public parks and playgrounds, golf courses and similar recreational areas not operated for gain.

§ 143-12 Permitted accessory uses and structures.

Permitted accessory uses and structures in the R District shall be as follows:

A. One private garage, not to exceed 775 square feet in size, or parking space.

[Amended 9-8-1997 by L.L. No. 5-1997]

B. One storage shed not to exceed eight feet in height at its eaves and 140 square feet in area.

[Added 5-8-1995 by L.L. No. 2-1995[1]; amended 8-11-1997 by L.L. No. 4-1997; 6-8-2015 by L.L. No. 1-2015]

[1] Editor's Note: This local law also provided for the redesignation of former Subsections B through E as Subsections C through F, respectively.

C. Quarters for guests.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. Building for private horticultural purposes.

E. Private family swimming pool, provided that it is confined to an area in the rear of the front setback line.

F. Signs on the premises as follows:

(1) One unlighted sign, not exceeding 10 square feet in area, advertising the sale or rent of the property upon which such sign is located, provided that such sign shall be set back from the street line not less than 20 feet from the traveled portion of the highway.

(2) One bulletin board, not exceeding 20 square feet in area, for public, charitable and religious institutions.[2]

[2] Editor's Note: Original Subsection 6, which listed home occupations, which immediately followed this subsection, was repealed 2-8-1993 by L.L. No. 1-1993.

G. Children's playhouse.

[Added 12-10-2012 by L.L. No. 3-2012]

§ 143-13 Minimum area requirements.

Minimum area requirements in the R District shall be as follows:

A. Lot sizes. Every single-family detached dwelling or other permitted structure not being accessory to a detached dwelling located on the property, hereafter erected, shall be located on a lot having an area of not less than 20,000 square feet, as measured from the street right-of-way, and a width at the established building line of not less than 100 feet, subject to compliance with waste and sewage disposal requirements as prescribed by the Chautauqua County Department of Health. When a tract of land is served by public sanitary sewer facilities, or by a community sanitary sewer system operated as a public utility, a single-family detached dwelling may be erected on a lot having an area of not less than 15,000 square feet, as measured from the street right-of-way, and a width at the established building line of not less than 100 feet. When a tract of land is served by both a community water system and a sanitary sewer system, such single-family detached dwelling may be erected on a lot having an area of not less than 10,000 square feet, as measured from the street right-of-way, and with a width at the established building line of not less than 75 feet.

[Amended 6-22-1987 by L.L. No. 4-1987; 10-9-1989 by L.L. No. 1-1989]

B. Front yard depth shall be 40 feet, measured as the distance between the street right-of-way and any part of the dwelling.

C. Side yards (two required) shall total 25% of lot width; the minimum side yard shall be eight feet.

D. Rear yard shall be 25% of lot depth or 50 feet, whichever is less.

§ 143-14 Minimum size of dwelling, maximum lot coverage and limitation on permitted accessory use.

[Amended 10-30-1986 by L.L. No. 6-1986; 6-22-1987 by L.L. No. 4-1987; 9-9-1991 by L.L. No. 1-1991; 5-8-1995 by L.L. No. 2-1995]

A. The minimum size of a dwelling shall be 800 square feet of enclosed living space.

B. The sum of all areas covered by all principal and accessory uses, buildings and structures shall not exceed 30% of the area of the lot.

C. No accessory use or structure, other than quarters for servants employed upon the premises as permitted in § 143-12C shove, shall be altered or otherwise modified in a manner that would make it a dwelling unit, as defined in this chapter.

[Added 5-13-1996 by L.L. No. 1-1996; amended 7-7-2003 by L.L. No. 2-2003]

D. If private garaging is located in the basement level under the dwelling such private garage area shall not exceed 775 square feet.

[Added 7-7-2003 by L.L. No. 2-2003]