Batavia City Zoning Code
ARTICLE VIII
Area, Yard and Height Regulations
§ 190-29 Lot area, frontage, coverage and height regulations.
A.
The minimum requirements of lot area and frontage for residential uses and the minimum requirements of lot area and frontage for commercial uses and the minimum requirements for yards and the maximum permissible height and land coverage for all districts and uses are summarized on Schedule I.[1] In case of conflict between the text and Schedule I, the requirements contained in the text shall control.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
The minimum requirements of lot area and frontage for uses in Residential Districts R-1 and R-2, as summarized on Schedule I, shall apply to subdivisions created after April 21, 1969, but not to lands where utility services have been previously installed.
§ 190-30 Modification of requirements.
Upon obtaining a special use permit according to the provisions of § 190-37, the requirements concerning lot area, frontage, side yards, and coverage may be modified for a development of not less than three acres, provided that the maximum density of the overall development is not greater than that normally allowable in the district in which it is located. Such land as may be made available under this section shall be devoted to common purposes for all residents, including, but not limited to, a park, playground or garden for the use of surrounding residents.
§ 190-31 Existing lots.
Other provisions of this chapter notwithstanding, nothing shall prohibit a lot of less area than that required for a single-family dwelling, provided that all other provisions of this chapter are complied with, when such lot, on May 28, 1962, was held under separate ownership or lesseeship from the adjoining lots.
§ 190-32 Reduction of lot area.
Whenever a lot upon which exists a building or structure is changed in size or shape so that the area and yard requirements of this chapter are no longer complied with, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with such requirements. The provisions of this section shall not apply when a portion of a lot is taken for a public purpose.
§ 190-33 Yard regulations.
A.
Yards on corner lots. Any yard adjoining a street shall be considered a front yard for the purposes of this chapter and shall comply with all requirements for a front yard in the district in which located.
B.
Front yard exceptions. Where front yards in any district have been established for more than 50% of the frontage in any block at a depth greater than the minimum required for the district, the depth of the required front yard shall be increased to comply with such established depth. In no case shall the depth of the required front yard be less than that specified for the district in which it is located.
C.
Open porches and attached carports and garages. In determining the percentage of building coverage of a lot or the size of yards for the purpose of this chapter, porches or carports open at the sides but roofed and all attached garages shall be considered as a part of the principal building.
D.
Fences, walls and hedges. Fences, hedges and walls in residential districts shall not exceed three feet above ground level when located within 15 feet of the property line abutting any street and shall not exceed six feet above ground level when located elsewhere on the property. However, there shall be no height limit for hedges in rear yards within residential zones. In commercial and industrial districts, fences, hedges and walls shall not exceed eight feet in height unless permitted by a special use permit from the Planning and Development Committee. A fence designed to be structurally supported by posts, cross members or rails on one (1) side only shall be erected with the posts, cross members or rails on the fence owner's side, and the finished side of the fence shall face adjacent properties.
[Amended 2-22-1999; 11-25-2002]
E.
Corner visibility. In any district except a Central Commercial District, no structure, fence or shrubbery over three feet in height shall be maintained on any corner lot within a triangular area formed by the lot lines along the streets to the points on such lines a distance of 40 feet from their intersection, and a line connecting such points.
F.
Projection in yards.
(1)
Every part of a required yard shall be open from its lowest part to the sky unobstructed, except for the ordinary projections of sills, belt cornices, pilasters, leaders, chimneys, eaves and ornamental features, provided that no such projection may extend more than three feet into any required yard.
(2)
Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a required yard not more than 4 1/2 feet may be permitted by the Code Enforcement Officer where such projections are so placed as not to obstruct light and ventilation.