Brant Town City Zoning Code
ARTICLE IV
District Regulations
§ 161-13 R-R Rural Residential District.
The following regulations shall apply in the R-R Rural Residential District:
A.
Permitted principal uses:
(1)
One-family dwellings, provided that the average floor area of the unit not be less than 920 square feet, exclusive of garage and basement space.
(2)
Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(3)
Public schools, private schools and nursery schools.
(4)
Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings or uses deemed necessary and appropriate by the Town Board.
(5)
County, state or federal parks, forests, recreation areas and buildings.
(6)
Nursing homes.
(7)
Farms and related farming activities. The bulk storage of fuel for resale is specifically excluded from the intent of this permitted use.
(8)
Greenhouses and nurseries.
(9)
New two-family dwellings and two-family dwellings created from existing structure on an established lot of not less than one acre, provided that the total floor area of each unit therein shall not be less than 720 square feet and that all requirements of Erie County Board of Health be complied with before building permit or certificate is issued.
[Amended 5-1-1978 by L.L. No. 1-1978; 4-13-1983 by L.L. No. 1-1983]
B.
Permitted accessory uses:
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic house pets.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment located on the same parcel as a farm.
(6)
Home occupations.
(7)
Home professional occupations.
C.
Special permit uses:
(1)
Public utility uses.
(2)
Camping grounds.
(3)
Outdoor quasi-public and commercial recreation areas.
(4)
Veterinarian offices.
(5)
Animal kennels or hospitals.
(6)
Excavation operations.
(7)
Mobile home courts.
(8)
Business and professional offices.
(9)
Those uses allowed in § 161-13A and situated in the waterfront area as defined in the Town's LWRP which exceed one or more of the following thresholds:
[Added 8-11-1987 by L.L. No. 3-1987]
(a)
The use requires 10 or more parking spaces or loading docks or any combination thereof which totals 10 or more spaces or docks.
(b)
The use results in the improvements to or changes in use of land totalling 1.5 acres or more.
§ 161-14 R-1 Medium-Density Residential District.
The following regulations shall apply in the R-1 Medium-Density Residential District:
A.
Permitted principal uses.
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
One-family dwellings, provided that the average floor area of the unit shall not be less than 920 square feet, exclusive of garage and basement.
(2)
Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(3)
Public schools, private schools and nursery schools.
(4)
Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings and uses deemed necessary and appropriate by the Town Board.
(5)
County, state or federal parks, forests, recreation areas and buildings.
(6)
Nursing homes.
(7)
Farms and related farming activities. The bulk storage of fuel for resale is specifically excluded from the intent of this permitted use.
(8)
Greenhouses and nurseries.
(9)
Two-family dwellings on a lot of not less than one acre, provided that the average floor area of each unit shall not be less than 720 square feet, exclusive of garage and basement space, and that all the requirements of the Erie County Board of Health shall be complied with before a building permit or certificate is issued.
B.
Permitted accessory uses:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic household pets.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment located on the same parcel as a farm.
(6)
Home occupations.
(7)
Home professional occupations.
C.
Special permit uses:
(1)
Public utility uses.
(2)
Multifamily dwellings.
(3)
Boarding- and rooming houses.
(4)
Cluster residential developments.
§ 161-15 R-2 Seasonal Residential District.
The following regulations shall apply in the R-2 Seasonal Residential District:
A.
Permitted principal uses:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
One-family dwellings, provided that the average floor area of the unit shall not be less than 920 square feet, exclusive of garage and basement.
(2)
Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(3)
Public schools, private schools and nursery schools.
(4)
Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings and uses deemed necessary and appropriate by the Town Board.
(5)
County, state or federal parks, forests, recreation areas and buildings.
(6)
Nursing homes.
(7)
Farms and related farming activities. The bulk storage of fuel for resale is specifically excluded from the intent of this permitted use.
(8)
Greenhouses and nurseries.
(9)
New two-family dwellings and two-family dwellings created from an existing structure on an established lot of not less than one acre, provided that the total floor area of each unit therein shall not be less than 720 square feet and all requirements of the Erie County Board of Health shall be complied with before the building permit or certificate is issued.
B.
Permitted accessory uses:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic household pets.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment located on the same parcel as a farm.
(6)
Home occupations.
(7)
Home professional occupations.
C.
Special permit uses:
(1)
Public utility uses.
(2)
Camping grounds.
(3)
Cluster residential developments.
(4)
Those uses allowed in Subsection A and situated in the Town's waterfront area, as defined in the Town's LWRP, which exceed one or more of the following thresholds:
[Added 8-11-1987 by L.L. No. 3-1987]
(a)
The use requires 10 or more parking spaces or loading docks or any combination thereof which totals 10 or more spaces or docks.
(b)
The use results in the improvements to or changes in the use of land totalling 1.5 acres or more.
§ 161-16 A Agricultural District.
The following regulations shall apply in the A Agricultural District:
A.
Permitted principal uses:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
One-family dwellings, provided that the average floor area of the unit shall not be less than 920 square feet, exclusive of garage and basement.
(2)
Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(3)
Public schools, private schools and nursery schools.
(4)
Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings and uses deemed necessary and appropriate by the Town Board.
(5)
County, state or federal parks, forests, recreation areas and buildings.
(6)
Farms and related farming activities. The bulk storage of fuel for resale is specifically excluded from the intent of this permitted use.
(7)
Greenhouses and nurseries.
(8)
New two-family dwellings and two-family dwellings created from an existing structure on an established lot of not less than one acre, provided that the total floor area of each unit therein shall not be less than 720 square feet and all requirements of the Erie County Board of Health shall be complied with before the building permit or certificate is issued.
B.
Permitted accessory uses:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1)
Private garages.
(2)
Customary residential storage structures.
(3)
Animal shelters for domestic household pets.
(4)
Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products or equipment located on the same parcel as a farm.
(6)
Home occupations.
(7)
Home professional occupations.
(8)
Retailing and/or wholesaling of products directly from the production of agricultural, greenhouses and/or nursery operations.
(9)
Roadside stands.
C.
Special permit uses:
(1)
Public utility uses.
D.
Within the Agricultural District, an existing structure on an established lot of not less than one acre can be renovated and modified to construct a two-family dwelling, provided that each unit shall not be less than 720 square feet and that all requirements of the Erie County Board of Health will be complied with before a building permit or certificate is issued.
[Added 5-1-1978; amended 4-13-1983 by L.L. No. 1-1983]
§ 161-17 C Commercial District.
The following regulations shall apply in the C Commercial District:
A.
All permitted uses and special permit uses in this district shall be governed by the approval site development plan required in §§ 161-67 and 161-68.
B.
Permitted principal uses:
(1)
Retail and general business establishments, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and other such items.
(b)
Drugstores and pharmacies.
(c)
Stationary and variety stores.
(d)
Hardware, small appliance, radio and television stores.
(e)
Clothing and personal assundry shops.
(f)
General or department stores.
(g)
Restaurants or other establishments serving food and/or beverages, except that no drive-in restaurant or other eating place shall be a permitted use.
(h)
Hotel, motel or lodging or boarding houses.
(i)
Indoor commercial recreation uses and theaters.
(j)
Greenhouses.
(2)
Personal service establishments, such as but not limited to the following:
(a)
Business, banking, financial and professional offices.
(b)
Barber- and beauty shops.
(c)
Shoe repair shops.
(d)
Tailor shops, dry-cleaning shops and self-service laundries.
(e)
Repair shops and services accessory to those uses permitted in § 161-17B(1).
(3)
Other business uses which, in the opinion of the Planning Board, are similar in nature to those permitted above.
(4)
Mixed dwelling and nondwelling uses, provided that in every case where a dwelling unit or dwelling units are located in the same building with a nondwelling use, said dwelling unit or units shall have:
(a)
Two means of egress from such buildings for all such units not located on the ground floor.
(b)
Available for use to each unit or units, one off-street parking space.
(c)
On the lot and accessible to each dwelling unit or units, 200 square feet of usable open space for each such dwelling unit.
(5)
Churches and other similar places of worship, parish houses, rectories, convents or other such facilities of recognized religious groups.
(6)
Commercial off-street parking areas.
(7)
Meeting halls or auditoriums and membership clubs.
(8)
Single-family dwellings, provided that the lot size is not less than 22,500 square feet and the front yard not less than 150 feet and the total floor area not less than 920 square feet and that all requirements of the Erie County Board of Health are complied with before a building permit or certificate of occupancy is issued.
[Added 5-1-1978 by L.L. No. 1-1978]
C.
Permitted accessory uses:
(1)
Off-street parking and loading areas.
(2)
Garages for commercial vehicles.
(3)
Customary accessory uses to a permitted principal use or approved special permit use.
D.
Special permit uses:
(1)
Multifamily dwellings, provided that not fewer than 10 units are included in such structures and that special provisions of §§ 161-67 and 161-68 are complied with.
(2)
Motor vehicle, service or filling stations.
(3)
Public garages.
(4)
Wholesale businesses, provided that such business is conducted entirely within an enclosed structure.
(5)
Public utility uses.
(6)
Drive-in restaurants.
(7)
New and used car sales lots and showrooms.
§ 161-18 I Industrial District.
The following regulations shall apply in the I Industrial District:
A.
All permitted uses and special permit uses in this district shall be governed by the approved site development plan required in §§ 161-67 and 161-68.
B.
Permitted principal uses:
(1)
Light industrial uses. Any use of a light industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
(a)
Dissemination of dust, effluent, smoke, smog, radiation, observable gas, waste products, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration or other objectionable environmental conditions beyond the boundaries of the lot.
(b)
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
(2)
The following uses are indicative of those which are intended to be permitted:
(a)
Manufacture of machinery, such as carburetor and small machine parts, cash registers, sewing machines and typewriters, calculators and other office machines, etc.
(b)
Fabrication of metal products, such as baby carriages; bicycles, metal foil, tin, aluminum, gold, etc.; metal furniture; musical instruments; sheet metal products and toys; etc.
(c)
Fabrication of paper products, such as bags, book bindings, boxes and packaging material, office supplies and toys, etc.
(d)
Fabrication of wood products, such as boats, boxes, cabinets and woodworking, furniture and toys, etc.
(e)
Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spiritous liquor, etc.
(f)
The warehousing or storage of goods and products, such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(3)
Office buildings for executive, engineering and administrative purposes.
(4)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(5)
The manufacturing and processing of pharmaceutical and cosmetic products.
(6)
Wholesale businesses, contractors' yards, exterior storage, lumberyards and laundry and dry-cleaning establishments.
(7)
Farms and related farming activities.
(8)
One-family dwellings, subject to the same area, lot and bulk requirements as one-family dwellings in the R-R Rural Residential, District, and provided that no parcel of land existing at the time of adoption of this chapter shall be subdivided into four or more new parcels intended to be used as one-family dwelling lots.
C.
Permitted accessory uses:
(1)
Retail sales areas accessory uses to a permitted principal use.
(2)
Customary accessory uses to a permitted principal use or approved special permit use.
(3)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
D.
Special permit uses:
(1)
Public utility uses.
(2)
Excavation operations.
(3)
Veterinarian offices or animal kennels or hospitals.
(4)
Junkyard, including automobile junkyard (except that no junkyard or automobile junkyard shall be a permitted use in that southwestern portion of the Industrial District lying between the two principal railroad tracks).
[Added 4-12-1988 by L.L. No. 1-1988; amended 10-10-2006 by L.L. No. 4-2006]
(5)
Adult use and entertainment establishments, subject to supplementary regulations set forth in §§ 161-37, 161-38, 161-39 and 161-40.