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:
(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.
[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.
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]