Town of Boston, NY
Erie County
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Table of Contents
Table of Contents

§ 123-78
Permitted uses and structures. 

§ 123-79
Minimum lot size. 

§ 123-80
Maximum height of buildings. 

§ 123-81
Required yards. 

§ 123-82
Off-street parking reference. 

§ 123-83
Sign regulations reference. 

§ 123-84
Supplemental regulations reference. 

Uses and structures permitted in the C-2 District are as follows:

A. 

Principal uses and structures:

(1) 

Principal uses and structures permitted in the C-1 District; provided, however, that open retail sales shall be permitted unless otherwise specified in this section. No cluster housing, bed-and-breakfast establishments, private horse stables, two-family dwellings or accessory apartments shall be permitted.

(2) 

New or used motor vehicle sales and service.

(3) 

Automobile collision repair and painting, provided that there is no dissemination of atmospheric pollutant, noise vibration or odor beyond the boundaries of the premises on which such use is located.

(4) 

Gasoline stations, subject to Article XXIII.

(5) 

Eating or drinking establishments; provided, however, that no live entertainment shall be permitted except by special permit.

[Amended 9-18-2002 by L.L. No. 4-2002]

(6) 

Boat or marine sales and service.

(7) 

Laundry or dry-cleaning plants.

(8) 

Custom shops, including but not limited to printing, electrical, heating, plumbing or woodworking shops.

(9) 

Warehouses, but not including the storage of highly flammable or explosive materials.

(10) 

Billiard or pool halls, bowling alleys, skating rinks, dance halls or video game rooms.

(11) 

Dairies or bottling of nonalcoholic beverages from previously prepared ingredients.

(12) 

Wholesale sales and distribution.

(13) 

Terminals for local trucking and delivery service, but not including any tractor, trailer or tractor-trailer combination or automobile conveyor, provided that all vehicle loading, unloading and parking is on the premises.

(14) 

Commercial swimming pools.

(15) 

Drive-in restaurants.

(16) 

Driven theaters.

(17) 

Golf driving ranges or miniature golf.

(18) 

Commercial car washes.

(19) 

The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid wall or fence at least six feet in height:

(a) 

Public garages, but not including auto wrecking or the storage of motor vehicles not eligible for New York State motor vehicle inspection stickers.

(b) 

Building materials supply, including incidental millwork.

(c) 

Public utility storage, service buildings and yards.

(d) 

Small-animal hospitals.

(e) 

Machine and tool sales, rentals and service.

(f) 

Storage and sales of solid fuel.

(g) 

Storage and sales of feed for livestock.

(h) 

Contractor's equipment and materials storage.

B. 

Uses subject to special permit:

(1) 

Uses permitted by special permit in Article XXIII.

(2) 

Radio or television transmission facilities and/or receive-only antennas and mountings having a combined weight exceeding or equal to 50 pounds, subject to the conditions and limitations of § 123-48B(1).

[Added 4-17-1991 by L.L. No. 1-1991]

(3) 

Live entertainment at eating and drinking establishments subject to the provisions of § 123-71B(6) of this Code.

[Added 9-18-2002 by L.L. No. 4-2002]

C. 

Accessory uses and structures:

(1) 

Accessory uses permitted in the C-1 District.

(2) 

Accessory uses and structures customarily incidental to permitted principal uses.

Unless otherwise provided, the minimum lot size for dwellings in the C-2 District shall be as specified in this section.

A. 

Lot area:

(1) 

Minimum of 15,000 square feet.

(2) 

Three-or-more family dwellings: 20,000 square feet per structure, plus 3,000 square feet per dwelling unit.

B. 

Lot width at the building line:

(1) 

Where a lot is served by a public sanitary sewer: 75 feet for one dwelling unit or other principal building or uses; 125 feet for a three-family dwelling unit; and an additional 25 feet for each dwelling unit over three, but it need not exceed 200 feet.

(2) 

Where a lot is not served by a sanitary sewer: add 25 feet to minimum lot width.

C. 

Lot width at the front lot line shall be equal to the minimum required lot width at the building line.

NOTE: All area and bulk requirements pertaining to one- and two-family dwellings in this section are for historical purposes only.
[Added 7-16-1997 by L.L. No. 5-1997]

Unless otherwise provided, the maximum height of buildings in the C-2 District shall be as specified in this section.

A. 

Dwellings: single-family or three-or-more family dwellings: 2 1/2 stories, not to exceed 35 feet.

B. 

Other principal buildings: as regulated by yard requirements, not to exceed 35 feet.

C. 

Accessory buildings: one story, not to exceed 18 feet, measured from the top of the floor to the top of the ridge.

Unless otherwise provided, the minimum required yards and other open spaces in the C-2 District shall be as specified in this section.

A. 

Front yard: 50 feet.

B. 

Side yards:

(1) 

Dwellings: two required.

(a) 

The minimum width of any side yard shall be 10 feet.

(b) 

Three-or-more family dwellings: minimum of 30 feet from any property line.

(2) 

Other principal buildings: none required, except that:

(a) 

Where a side yard is provided, it shall be no less than 10 feet.

(b) 

Where a side yard abuts any R District boundary, it shall be not less than 20 feet or the height of the principal building, whichever is greater.

(c) 

Where a side yard is used for either vehicular ingress or egress, it shall be at least 12 feet.

(d) 

where a side yard is used for vehicular ingress and egress, it shall not be less than 25 feet.

C. 

Rear yard. No rear yard shall have a depth less than 30 feet or a distance equal to the height of the principal building, whichever is greater.

D. 

Maximum lot coverage: 40%.

For applicable off-street parking regulations, see Article XVIII.

For applicable sign regulations, see Town of Boston chapter regulating signs.

Editor's Note: See Ch. 95, Signs.

For applicable supplemental regulations pertaining to use, height, area or open space see Articles XXIII through XXV.