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Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (44) Index
The lot width or area requirement of this chapter shall be automatically waived to permit the erection of a single-family dwelling or restoration, enlargement (but no additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing the lot size requirements for such lot, provided that:
A. 
Such use is permitted in the district where such lot is located.
B. 
All other regulations prescribed in this chapter shall apply thereto; provided, however, that no side yard shall be less than seven feet, and the total width of both side yards shall not be less than 17 feet, and the rear yard shall not be less than 20 feet.
[Amended 10-7-1992 by L.L. No. 2-1992]
C. 
The lot area is large enough for adequate sewage disposal where individual private sewage systems are employed.
D. 
Said lot was situated in an R-1, R-2 or R-3 District immediately prior to the effective date of this chapter or was a sublot in an approved map filed in the office of the Erie County Clerk.
E. 
In the case of any lot situated in an R-A District, said lot shall have a minimum lot area of one acre, either standing alone or when combined with a contiguous lot meeting the requirements of this section.
[Added 4-17-1991 by L.L. No. 1-1991]
A. 
In all districts, except M Districts, where there are existing principal buildings on adjoining lots on each side of a parcel of land less than 100 feet in width, which buildings have a front yard setback or exterior side yard setback less than the required front yard depth of said parcel shall equal the average setback from the street line of such existing building on said adjoining lots. This modification shall not permit any front yard depth less than 15 feet.
B. 
In M Districts where there are existing principal commercial or industrial buildings on adjoining lots on each side of a parcel of land less than 100 feet in width and these buildings have a front yard setback or exterior side yard setback less than the required front yard depth, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings on such adjoining lots.
A. 
In an R District:
(1) 
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall equal 20% of the lot width, but not less than 20 feet.
(2) 
On a corner where a rear lot line coincides with a side lot line of the adjoining lot for a distance from a street line:
(a) 
The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width, but need not exceed 40 feet and shall not be less than 18 feet.
(b) 
The required width of the exterior side yard for buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot, but need not exceed 40 feet.
B. 
In C or M Districts:
(1) 
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard of said corner lot shall not be less than:
(a) 
For dwellings: same as in Subsection A(1) of this chapter.
(b) 
Other principal buildings: 30 feet when the exterior side yard abuts any R District boundary or 10 feet in any other case.
(2) 
On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the width of the exterior side yard of said corner lot shall not be less than the depth of the required front yard of said adjoining lot.
C. 
In any district:
(1) 
The regulations of this section may be varied by the Zoning Board of Appeals, as provided in Article XXXI.
[Amended 7-16-1997 by L.L. No. 5-1997]
A. 
On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply to that portion of a through lot where a front yard equivalent is required.
B. 
Orientation of structures on through lots not requiring a site plan.
(1) 
In cases where site plan approval is not required, any structure located on a through lot shall have its front orientation consistent with the prevailing front orientation of any structures immediately adjacent on any side lot line of the proposed structure. Where no structures are adjacent to the proposed structure, the orientation of said structure shall be determined by the Planning Board.
(2) 
In determining the front orientation of a structure pursuant to this section, the Planning Board shall give preference to front orientation on a subdivision street over any street not located in a subdivision.
In any district where a front yard of 25 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub, planting, tree foliage or vehicle which obstructs vision at elevations between three feet and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting right-of-way lines, as defined herein, and a line connecting points on such right-of-way lines 30 feet distant from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.
None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified:
A. 
In any required open space:
(1) 
Access drives or walks.
(2) 
A four-foot-high fence from the rear of the residence forward to the street line; across the front property line to opposite side line; along such side line back to the rear of the dwelling. From the rear of the dwelling to the back property line and across the back property line, a maximum of six-foot fencing shall be permitted. (See also § 123-120 of this chapter for screening.) Barbed wire fencing in C-1 or C-2, M-1 and M-2 Districts must be approved by the Zoning Board of Appeals. (NOTE: All barbs from chain link fences are to be placed in a downward position).
(3) 
Flagpoles not exceeding 25 feet in height.
(4) 
Retaining walls of any necessary height.
(5) 
Permitted signs.
(6) 
Unenclosed steps or terraces extending not more than three feet above the adjoining finished grade.
(7) 
Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line.
(a) 
Awnings or canopies.
(b) 
Chimneys or roofs projecting not more than two feet into a required open space.
(c) 
Window sills and architectural features projecting not more than four inches into a required open space.
(d) 
Unenclosed steps not extending above the first-floor level.
B. 
In any rear yard, not a front yard equivalent, or in any part of an interior side yard which exceeds a required side yard.
(1) 
Fence or wall not to exceed six feet in height.
(2) 
Any accessory use or structure permitted in the district regulations subject to § 123-136, Limitations on obstructions in required open space.
(3) 
Projections: Balconies, bay windows, nonweatherproofed porches or breezeways or attached garages not exceeding 12 feet in height may extend into a required rear yard for a distance not to exceed 1/3 the required depth of such yard.
(4) 
Flagpoles of any height, provided that such poles shall be set back from any property line a distance equal to its height.
A. 
In C or M Districts: No storage, truck parking, loading or unloading or processing of any kind shall be permitted in any required yard in any C or M District. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the following limitations on obstructions in required open spaces in R Districts.
B. 
In R Districts:
(1) 
Accessory buildings and roofed projections shall not occupy more than 25% of the actual rear yard.
[Amended 7-16-1997 by L.L. No. 5-1997; 2-4-2004 by L.L. No. 3-2004]
(2) 
No part of an accessory building shall be nearer than three feet to a rear lot line or 10 feet to a side lot line.
(3) 
Detached accessory buildings shall be at least 10 feet from any dwelling and five feet from any other building.
(4) 
Maximum allowable height and square footage of lot coverage, for one-and-one-half-story accessory buildings is as follows:
[Added 2-4-2004 by L.L. No. 3-2004]
Lot Area
(acres)
Accessory Use Square Footage Not to Exceed
(square feet)
Height for One-and-One-Half-Story Accessory Building
(top of floor to top or ridge)
(feet)
Less than 1
728
18
1 plus to 2
840
21
2 plus to 3
1,020
21
3 plus to 5
2,000
23
5 plus
2,500
25
A. 
Single-family dwelling unit.
District
One-Story with Basement
(square feet)
One-and-One-Half and Two-Story with Basement
(square feet)
R-1
1,100
840 on ground floor
R-2
950
800 on ground floor
R-3
950
800 on ground floor
R-A
950
800 on ground floor
R-C
950
800 on ground floor
C-1
950
800 on ground floor
C-2
950
800 on ground floor
B. 
Two-family dwelling units.
District
Minimum Floor Area
(square feet)
R-3, R-A, R-C, C-1, C-2
950 per unit
C. 
Multifamily dwelling unit.
District
Bedrooms
Minimum Floor Area
(square feet)
R-3, R-C, C-1, C-2
0
400 per unit
1
640 per unit
2
760 per unit
3
1,000 per unit
D. 
In any case where a single-family dwelling or dwelling unit shall not have a functional basement or cellar, the minimum habitable floor area requirement of this section shall be increased by 10%.
[Added 7-16-1997 by L.L. No. 5-1997]
A. 
In the case of site plan review conducted pursuant to Article XXX, the Town Board and, in case of a subdivision, the Planning Board may permit a structure to be erected for a nonresidential use in an R-C or C-1 District to be located no less than 25 feet from any street line, provided that:
(1) 
All public access to such building or buildings shall be located on the opposite side of the building from any reduced yard.
(2) 
Landscaping and architectural considerations may be required by the Town Board or Planning Board as a condition of any reduction.
(3) 
No part of the reduced front yard shall be used for parking deliveries or any entrance or exit except where mandated by any applicable state or County code.
B. 
Nothing in this section shall prevent the installation of a driveway by the applicant for the purpose of permitting public access to a parking area or the installation of a sidewalk across the property without access.
C. 
In determining the reduction of frontage, consideration should be given visibility of motorists, noise and all other factors deemed significant by the Planning Board or the Town Board.
A. 
In any R-2 or R-3 subdivision, the Planning Board may, in its discretion, approve a minimum front yard requirement of 30 feet for dwellings having frontage on a marginal access street.
B. 
In any R-1, R-2 or R-3 subdivision, the Planning Board may, in its discretion, reduce the required lot width at the front lot line by an amount not to exceed 35% of the minimum required, provided that all other minimum size and area requirements are met or exceeded.
[Added 4-17-1991 by L.L. No. 1-1991]