§ 267-11Lot regulations.
§ 267-12Height regulations.
§ 267-13Yard regulations.
§ 267-14Maximum coverage.
§ 267-15Accessory structures.
§ 267-16Landscaping.
§ 267-17Stripping of topsoil.
Existing lots of record. A single-family structure may be constructed on any lot in any R District if said lot is less than the minimum area required for building lots in the R District in which it is located, provided that the following conditions exist or are met:
Availability of adjacent vacant land. No structure shall be erected on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.
Side yards. No structure shall be constructed on a nonconforming lot unless it shall have a minimum side yard of five feet or a minimum side yard to conform to the majority of existing dwellings.
Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the R District in which said lot is located.
Lot width. The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.
Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their point of intersection.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, except as provided in this chapter; and if already less than the minimum required by this chapter, said area or dimension may be continued but shall not be further reduced.
General application. 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 noted elsewhere in this chapter.
Permitted exceptions to height regulations. Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, grain elevators, steeples, water towers, ornamental towers or spires, communications, radio or television towers or necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the Village of Blasdell, provided that no tower other than a church spire or tower of a public building shall exceed the height regulations by more than 40%. No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitations.
Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in a rear or side yard and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features projecting not to exceed four inches.
Side yards.
Side yard width may be varied. Where the side wall of a building is not parallel to the side lot line or is broken or otherwise irregular, the 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 one-half (1/2) the otherwise required minimum width.
Side yard of corner lot. The side yard of any corner lot of record at the time of the adoption of this chapter shall have a width equal to not less than one-half (1/2) the required minimum front yard setback of any adjoining lot fronting on the side street. 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.
Transition yard requirements.
Where a residence district abuts a nonresidence district on a street line, there shall be provided in the nonresidence 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 residence district.
Where the side or rear yard in a residence district abuts a side or rear yard in a nonresidence district, there shall be provided along such abutting line or lines a side or rear yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting side yard be less than 20 feet and the abutting rear yard less than 12 feet.
Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in the district where such principal and accessory buildings are located.
Minimum yard regulations relating to accessory structures:
Unattached accessory structures in R Districts. Accessory structures which are not attached to a principal structure may be erected in accordance with the following requirements:
An accessory building not exceeding 15 feet in height may occupy not more than 30% of a required rear yard.
No accessory structure shall be located within five feet of side or rear lot lines.
No accessory structure shall be located closer to the front lot line than 20 feet, and further, no accessory structure shall be located closer than five feet to the required front yard setback of the principal structure.
Attached accessory structures in R Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
Accessory structures in other than R Districts. Accessory structures shall comply with 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.
Enclosed uses. Any enclosed use as may be required by this chapter to be landscaped in accordance with this section shall provide a fence, screen or landscaping sufficient to obscure such use from view from abutting properties lying in R Districts or from public rights-of-way.
Unenclosed uses. Any use which is not conducted within a completely enclosed building, including but not limited to automobile salvage and wrecking operations, outdoor storage yards and junkyards, lumber and building materials yards, shall be enclosed by a substantial and solid fence or suitable natural hedge, with openings only for access and egress, at least eight feet in height, which shall be kept in good order and repair; shall not be located nearer than 200 feet to any residential or commercial district; shall have no storage outside of the solid fence; and shall be no nearer than 50 feet to any public highway right-of-way line. This subsection shall not apply to nurseries and display for sale purposes of new or used cars, trucks, trailers, bicycles, motorcycles or farm equipment.
Approval by the Planning Board. Plans and site design for the installation of required fences or landscaping shall be reviewed by the Planning Board prior to issuance of a building permit for such uses as are required by this chapter to be provided with such fences or landscaping.
Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a violation of this chapter.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
