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]
[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:
(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.
(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) 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.