Amsterdam City Zoning Code
ARTICLE V
Lot, Area and Height Regulations
§ 250-23 Existing substandard lots of record.
Nothing contained herein shall prohibit the use of an existing lot of record that contains less than the prescribed lot area or lot width for the district in which said lot is located, if such existing lot of record was owned individually and separate from any adjoining lot or tract at the time of adoption of the City's predecessor Zoning Ordinance on September 9, 1964, or any amendment thereto which may have affected the zoning status of said lot area or width, including this chapter, provided that:
A.
Such lot does not adjoin any other lot, lots or land held by the same owner whose aggregate area would either be less noncomplying or is equal to or greater than the minimum lot area required for that district.
B.
Such lot may not be developed or used for more than one dwelling unit and its associated accessory structures.
C.
Such use shall satisfy all applicable requirements of the City of Amsterdam and the New York State Health Department for potable water supply and sewage disposal facilities.
D.
Such lot has direct access to an improved street and not less than 25 feet of frontage on that street.
E.
All other area and bulk regulations for that district are met.
F.
If created after September 21, 1948, the lot is part of a plat approved by the City of Amsterdam Planning Commission in accordance with the City's Land Subdivision Regulations and filed in the office of the Montgomery County Clerk in a timely manner pursuant to General City Law.[1]
[1]
Editor's Note: See NY Gen City § 1 et seq.
§ 250-24 Minimum lot area per dwelling unit.
A.
In all districts where residences are permitted, a lot held in single ownership may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in Article V, Lot, Area and Height Regulations, except as provided in § 250-23 above regarding existing lots of record or as provided in Article IX of this chapter regarding residential cluster development in accordance with the City of Amsterdam's Land Subdivision Regulations and § 37 of the General City Law.
B.
Further, a residential lot of required or greater-than-required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form two or more lots any of which shall be less than the minimum lot area required for the district in which the lot or lots are situated.
§ 250-25 Height exceptions.
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 specifically provided in this chapter.
A.
The height limitations set forth in Article V, Lot, Area and Height Regulations, shall not be applicable to the following:
(1)
Flagpoles, radio or television antennae, transmission towers or cables, windmills, agricultural barns and silos and similar features, any of which shall be restricted to a maximum height of 80 feet above average finished grade at its base.
(2)
Spires, belfries, chimneys, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, solar collectors, air-conditioning units or similar structures which in their aggregate coverage occupy no more than 10% of the roof area of the building of which they are a part. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended.
(3)
A hospital structure in the Medical Residential Neighborhood (MRN) District which may be erected to a height not exceeding five stories or 73 feet, whichever is the more restrictive.
§ 250-26 Yard exceptions.
A.
Front yard exceptions. When a vacant legally existing lot of record is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to a depth equal to the greater of the depths of the front yards of the two adjoining improved lots, but shall not be less than 10 feet. However, where such lot may front on a right-of-way proposed to be widened according to the Official Map of the City or a heretofore approved subdivision plat, the front yard shall be as required for the zoning district in which the lot is located and shall be measured from the proposed future right-of-way.
B.
Side yard exceptions.
(1)
Side yard width may be varied. Where the sidewall of a building is not parallel with the side lot line or is broken or otherwise irregular, the minimum 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 1/2 the otherwise required minimum width.
(2)
Width of one side yard may be reduced. Where specifically authorized by the Zoning Board of Appeals, the width of one side yard may be reduced to a width of not less than five feet, provided that the sum of the width of the two side yards is not less than the required minimum that would have otherwise been required for both side yards; and further provided that the distance between the proposed structure and any structure, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of the two side yards. Such reduction may be authorized only when the Zoning Board of Appeals finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(3)
Side yard of corner lot. The side yard of any corner existing lot of record at the time of the adoption of this chapter shall have a width equal to 10 feet or not less than 1/2 the required minimum front yard setback of any adjoining lot fronting on the side street, whichever shall be greater. 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.
§ 250-27 Corner lots.
A.
Required front yards. On a corner lot, each street frontage shall be deemed to be a front street line and the required yard along each such lot line shall be a required front yard. The Building Inspector, in consultation with the owner, shall establish which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.
B.
Obstructions at street intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height as measured above the curb level, if any, or above the existing street or roadway grade, shall be erected or installed and maintained on any lot within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line joining said street lines at points which are 30 feet distant from their point of intersection measured along said street lines and/or projections.
§ 250-28 Architectural features in required yards.
The following architectural features of a building may extend into a required yard subject to limitations provided herein:
A.
Ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
B.
Chimneys or pilasters.
C.
Open arbor or trellis.
D.
Unroofed steps, patio or terrace not less than 15 feet from the highway right-of-way nor less than five feet from any side or rear lot line, provided that the building complies with the yard requirements of this chapter, except that in the Downtown Core (DC) and Employment District (ED) such feature may encroach wholly to the lot line if determined by the Planning Commission under site plan review to represent no detriment to the public health, safety or welfare.
E.
Awning or movable canopy not to exceed 10 feet in height, nor projecting more than six feet into any required yard.
G.
Open fire escapes on the side of rear of a building and extending not more than eight feet from the principal building or closer than five feet to any lot line.
§ 250-29 Accessory structures.
A.
There shall be not more than two accessory structures, other than a permitted sign, of which no more than one shall be a private garage, on any lot intended or used for residential purposes.
B.
Accessory structures in residential districts not attached to the principal structure may be erected in accordance with the following requirements:
(1)
No accessory structure shall exceed 15 feet in height.
(2)
No accessory structure greater than six feet in height shall occupy more than 20% of any required rear yard.
(3)
No accessory structure shall, however, be located within five feet of any side and/or rear lot lines.
(4)
No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which such accessory structure may be located.
(5)
For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.
C.
Accessory structures in residential districts attached to the principal structure shall comply in all respects with the yard requirements applicable to the principal structure.
D.
Accessory structures in nonresidential districts shall comply fully with the 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.
§ 250-30 Distance between principal buildings on same lot.
Where more than one principal building may be permitted on a lot, no detached principal building shall be located closer to any other principal building on the same lot than the height of the taller of said buildings.
§ 250-31 Maximum lot coverage.
Aggregate land coverage by principal and accessory buildings or structures on any lot shall not be greater than is permitted in the zoning district where such principal and accessory buildings are located.
§ 250-32 Minimum lot frontage.
In any residential district, every lot shall have a frontage at the street property line not less than 75% of the required minimum lot width for the district as specified in Article IV.
§ 250-33 Transition requirements between districts.
A.
Where a residential district abuts a nonresidential district on a street line, there shall be provided in the nonresidential 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 residential district.
B.
Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district, there shall be provided along such abutting line or lines a side yard at least equal in width or rear yard at least equal in depth to that required in the residential district. In no case, however, shall the abutting side yard be less than 10 feet nor the abutting rear yard less than 20 feet.
§ 250-34 Land containing wetlands, land underwater or subject to periodic flooding.
No more than 25% of the required minimum lot area for any lot in any district may be fulfilled by land, which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, which lies underwater or which is subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement wholly on dry land, except that, for purposes of this section land which is covered by a stream less than five feet in average width at mean water level shall not be considered as being underwater.
§ 250-35 Minimum floor area of residential dwelling units.
No dwelling shall be erected within any residential district, which has habitable main floor space of less than 900 square feet, with a minimum narrow dimension depth of not less than 24 feet.