Batavia Town City Zoning Code
ARTICLE III
General Regulations
§ 235-11 Purpose.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations. The dimensions and restrictions set forth in Zoning Schedule A are incorporated herein and made a part of this chapter.[1]
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
§ 235-12 Buildings, uses and lots.
One principal building and use per lot. There shall not be more than one principal building and one principal use on any one lot in the Agricultural (AG), Agricultural-Residential (AG-R), and the Residential (R) Districts except as provided for in the following:
An approved multifamily dwelling project;
A single-family dwelling accompanying a nonresidential use, or uses, permitted on a lot in Agricultural (AG), Agricultural-Residential (AG-R) and Residential (R) Districts, provided there is only one use of a commercial nature on the lot; or
A single-family dwelling accompanying a nonresidential use, or uses, requiring a special use permit in Agricultural (AG), Agricultural Residential (AG-R) and Residential (R) Districts, if approved by the Planning Board as part of the special use permit application process, provided there is only one use of a commercial nature on the lot.
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. Also, no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot other than as provided for in § 235-41 for cluster residential development.
Separation or subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation or subdivision shall be effected so as not to violate any of the requirements of this chapter with respect to the existing building, including yards and other required spaces in connection therewith. No zoning permit shall be issued for the erection of a building on the new lot thus created unless there is full compliance with all the provisions of this chapter and Chapter 204, Subdivision of Land, of this Code.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the matter shall be referred to the Zoning Board of Appeals and dealt with in accordance with the applicable provisions of § 235-62.
Lots under water or subject to flooding.
No more than 25% of the minimum area requirements of a lot may be met by land which is always under water or land which falls within the federally designated one-hundred-year flood hazard area.
Land which is under water and is open to use by persons other than the owner shall be excluded from the computation of the minimum area of a lot.
Land in the bed of a stream not exceeding five feet in width at mean water level, and land in a pond not exceeding 150 square feet in area, shall not be considered as under water for the purpose of computing lot area.
Where any part of a lot is separated by the main body of water, such separate land shall not be included in computing lot area.
Required road frontage. No zoning permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a road, as defined herein, which frontage provides the actual access to such structure, and which road shall have been suitably improved to Town Board standards or a bond posted therefor as provided in § 280-a of the New York State Town Law.
Parts of lot not counted toward area requirements. No part of such lot less in width than 1/2 of the minimum requirements for the district in which it is located shall be counted as part of the minimum required lot area.
Adjacent lots. Where two or more adjacent lots are at the time of the effective date of this chapter in the same ownership, they shall not be considered a single lot, unless they are described as one parcel in a deed recorded at the Genesee County Clerk's office.
Yards on corner lots. Any yard adjoining a street shall be considered front yard for the purpose of this chapter and shall comply with all the requirements for a front yard in the district in which located. The remaining yards shall be considered side yards.
§ 235-13 Supplementary yard regulations; buffer strips; topsoil removal; excavations; height exceptions.
Porches and decks. A porch or deck shall be considered a part of the building in determining the yard requirements or amount of lot coverage.
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than four feet into any required yard.
Fire escapes. Open fire escapes may extend into any required yard.
Visibility at intersections. On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting road lines and a straight line joining said road lines at points which are 40 feet distant from the point of intersection, measured along said road lines. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
Swimming pools. Swimming pools shall be considered accessory structures within the provisions of § 235-14 of this chapter and shall be set back from lot lines at least the minimum distance required for other buildings and structures. Swimming pools shall be enclosed with adequate fencing and gates as required by the New York State Uniform Code.
Buffer strip. Wherever a buffer strip is required by this chapter, it shall meet the following standards:
It shall be at least 15 feet in depth and six feet in height.
It shall be a type of planting (as determined by the Planning Board) of such type, height and spacing as will screen the activities on the lot from view of a person standing at street level on the adjoining lot.
A wall or fence of which the location, height, and design have been approved by the Planning Board may, upon good cause being shown, be substituted for the required planting and the minimum width of the buffer strip may be reduced accordingly.
Topsoil. No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the topsoil is taken, except in connection with the construction or alteration of a building or structure on such premises and excavating or grading incidental thereto.
Excavation during construction. In any construction, open excavations shall be limited to a maximum of 60 days, with appropriate fencing, barricades or covering.
Waste containers/dumpsters. The location of all waste containers and/or dumpsters for multifamily and nonresidential uses shall be determined by the Planning Board through the site plan review process. Relocation of existing waste containers and/or dumpsters shall also be subject to review and approval by the Planning Board. The Planning Board may require screening of waste containers/dumpsters. This provision shall not apply to the temporary placement of garbage cans awaiting collection or the temporary use of dumpsters or roll-offs during a cleaning, moving or construction project.
Height exceptions.
District building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures are located on the roof and in their aggregate coverage occupy no more than 10% of the roof area of the building and provided such structure(s) poses no hazards to aircraft operations.
District building height regulations shall not apply to radio or television antennas and commercial communications towers provided such structure(s) poses no hazards to aircraft operations.
§ 235-14 Location of accessory buildings and structures.
Accessory buildings are permitted as follows:
A one-story accessory building having a total floor area of 250 square feet or less and a building height of not more than nine feet shall not be located closer than five feet to the rear and side lot lines and shall not be located within the required front yard.
[Amended 2-20-2008 by L.L. No. 2-2008]
The location of accessory buildings having a total floor area greater than 250 square feet or a building height of greater than nine feet shall be in compliance with the required front, side and rear yard areas of the respective districts.
[Amended 2-20-2008 by L.L. No. 2-2008]
Accessory structures (other than buildings) are permitted as follows:
Accessory structures (other than buildings) equal to or less than 15 feet in height, including satellite dishes with a diameter of three to 13 feet, shall not be located closer than 15 feet to the side and/or rear lot line and shall not be located within the minimum required front yard. Satellite dishes less than three feet in diameter may be located anywhere on a lot provided the minimum front and side yard setbacks are maintained along with a minimum five-foot setback from the rear property line.
Accessory structures (other than buildings) greater than 15 feet in height, including production model wind energy conversion systems (windmills), antennas and satellite dishes greater than 13 feet in diameter, shall be located in compliance with the required yard area of the respective districts and shall be located in the rear yard.
§ 235-15 Nonconforming uses, buildings, structures and lots.
Lawful existing uses, buildings, structures and lots. Except as otherwise provided in this section, the lawful use of land, a building or a structure existing at the effective date of this chapter may be continued although such use, building or structure does not conform to the regulations specified in this chapter for the zone in which such land, building or structure is located; provided, however, that:
No lot shall be reduced to a nonconforming size.
A nonconforming lot shall not be further reduced in size.
A nonconforming building or structure shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
An existing mobile home which is occupied as a one-family dwelling on any lot in an AG, AG-R, R, C or PUD District may be replaced with another mobile home provided that the following criteria, as well as the criteria in § 235-54A, are met. The new mobile home may be larger than the existing nonconforming mobile home. Otherwise, however, the new mobile home shall not increase the degree of nonconformity that exists with the existing nonconforming mobile home.
A nonconforming use may not be expanded.
No existing conforming use shall be changed to a nonconforming use.
Such uses must comply with all applicable state, federal and other local laws or regulations.
Abandonment. A nonconforming use shall be deemed abandoned when there occurs a cessation of any such use or activity and a failure on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
Restoration and repair. Nothing in this chapter shall prevent the restoration and repair or continuation of use of a nonconforming building or structure destroyed or partly destroyed by a disaster, provided that restoration is commenced within eight months after the date of destruction and is completed within 16 months after the date of destruction.
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
Alterations. A nonconforming building or structure may not be improved during its life to an extent exceeding, in aggregate cost, 50% of the assessed value of the building unless said building is changed to conform to the requirements of this chapter.
District changes. If a nonconforming use is established by a transfer of an area from one district to another after the effective date of this chapter, then the foregoing provisions shall apply to any nonconforming use created by such change.
§ 235-16 Uses not permitted.
Uses which are not specifically allowed by this chapter are prohibited.
§ 235-17 Minimum enclosed living area.
One-family dwellings shall have a minimum enclosed living area (not including a garage but also not limited to only habitable floor area) of at least 720 square feet.
Two-family dwellings shall have a minimum enclosed living area of at least 720 square feet for the first unit and the second unit as follows:
Number of Bedrooms Per Unit | Minimum Square Footage | |
|---|---|---|
Efficiency | 300 | |
1 | 550 | |
2 | 650 | |
3 | 800 | |
4 | 1,000 | |
5+ | As determined by Planning Board |
Multiple-family dwellings shall have a minimum enclosed living area per unit as follows:
Number of Bedrooms Per Unit | Minimum Square Footage | |
|---|---|---|
Efficiency | 300 | |
1 | 550 | |
2 | 650 | |
3 | 800 | |
4 | 1,000 | |
5+ | As determined by Planning Board |
§ 235-18 Minimum dimensional criteria.
All one- and two-family dwelling units located on individual lots shall have a minimum outside width of at least 20 feet. This provision shall not prohibit the construction of smaller additions or projections from larger units (less than 20 feet wide) provided a twenty-foot minimum width is clearly established for the overall unit.
§ 235-19 Front yard grade for dwellings.
The surface grade of front yards of dwellings measured at the midpoint of the front wall shall be at least one foot above the elevation of the road's center line, unless adequate site drainage is provided otherwise and approved by the appropriate authority having jurisdiction over the road (Town or County Highway Superintendent or New York State Department of Transportation).
§ 235-20 Stabling agricultural animals.
There shall be no stabling of animals or storage of manure, fertilizer, or similar odor- or dust-producing substance within the R District. Such stabling or storage shall be permitted in the AG, AG-R, I, IP or C Districts provided the following restrictions are observed:
§ 235-21 Fences.
Fences erected on residential lots in the Town of Batavia shall adhere to the following standards:
Before a fence (other than a temporary one) shall be erected, a zoning permit must be obtained from the Building Inspector. A request for a permit shall be accompanied by a site plan which shall show the height and location of the fence in relation to all other structures and buildings and in relation to all streets, lot property lines and yards. These restrictions shall not be applied so as to require a permit for, nor restrict, the erection, alteration, or reconstruction of fences for agricultural uses on farms or temporary fences (i.e., snow fences, garden fences, etc.), provided such temporary fences shall not exceed four feet in height, shall be at least 50% open construction and shall not pose a hazard to persons or traffic circulation. A temporary fence shall be removed once it is no longer being used or is necessary for its intended purpose.
Fences may be erected, altered or reconstructed to a height not to exceed three feet above ground level when located within 20 feet of the street right-of-way.
Fences may be erected, altered or reconstructed to a height not to exceed eight feet above ground level when located more than 20 feet from the street right-of-way line.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
Fencing used to enclose a tennis court may be permitted up to 10 feet in height provided that such fencing is not closer than 25 feet to a side or rear property line.
No fence shall be erected in a special flood hazard area, except for fences connected with an agricultural use when it can be demonstrated that such fence would not restrict the flow of floodwaters nor have an adverse impact on any buildings.
The finished side of the fence shall face the adjoining properties.
Commercial and industrial fences shall be reviewed and approved by the Planning Board as part of the site plan approval process.
§ 235-22 Land abutting a residential use.
Where in any district a commercial or industrial use is created adjacent to an existing residential use, a buffer strip shall be established by the nonresidential use along the lot line adjacent to the residential use.
§ 235-23 Outside solid-fuel-burning devices.
Outside solid-fuel-burning devices shall not be installed in an R District or within 500 feet of such district. When installed outside the R District (and the required five-hundred-foot buffer), such units shall be installed and operated in a manner as will not allow smoke or fumes to enter buildings on surrounding properties.