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Cambria Town City Zoning Code

ARTICLE IV

Residence Districts R-1

The Residence District R-1 are established to provide for the development of residential neighborhoods occupied by all types of residential structures. It is contemplated that all residences in these districts shall be served by public water supply and public sewage disposal facilities.

§ 288-400 Permitted uses and buildings and other structures.

In Residence Districts R-1, no building or other structure or land shall be used, and no building or other structure shall be built, altered or erected for any purpose other than of:
One-family, two-family dwellings.
Accessory buildings or structures including garages as defined herein and as regulated in § 288-300D. No accessory use building or other structures including garages shall be constructed until the principal building is completed or under construction.[1]
[1]
Editor's Note: Former Section 400(3), regarding transient roomers and boarders, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Outdoor storage of not more than one each of the following vehicles, provided they are owned for personal use by the owner, resident or lessee of the premises: boat, boat trailer, recreational vehicle, utility trailer and as regulated in § 288-300E.
Not more than one private garage per dwelling unit; open parking for operative passenger vehicles of persons visiting or residing on the premises.[2]
[2]
Editor's Note: Former Section 400(6), regarding playhouses, tool houses and garden houses, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Private swimming pool not operated for gain.
Agriculture as defined in Article II, except as prohibited in § 288-401 herein.
Other uses and other buildings and structures as provided by §§ 288-1100, 288-1101, 288-1106 and 288-1107.

§ 288-401 Prohibited uses.

All uses and structures not permitted in §§ 288-300 and 288-400.
Animal husbandry.
Commercial greenhouses.
Roadside stands or other structures for the sale of farm products.
The storage of a commercial vehicle or vehicles as defined herein.
Barns.
Mining, quarry, sand pit, topsoil stripping.
Any and all business and farming, including agribusiness as defined herein, other than the above permitted uses.
Any and all signs other than real estate signs and political signs located in compliance with this chapter.
Wineries, cideries, distilleries, breweries, microbreweries, meaderies, etc., which are licensed as "Farm Wineries," etc., by the New York State Alcohol Beverage Control (ABC) Law § 76, et seq., whose agricultural crops used to produce the farm winery's alcoholic beverages do not constitute a farm operation under the New York State Agriculture and Markets Law § 305-a due to less than 51% of the agricultural crops used to produce the farm's alcoholic beverage being grown by the farm.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 288-402 Yard, area and height provisions for lots served by public sewers.

Area per dwelling unit and lot dimensions.
For a single-family dwelling, the minimum dimensions shall be 100 feet by 150 feet and the minimum width of the lot at the street right-of-way shall not be less than 100 feet.
For a two-family dwelling or a pair of semidetached dwellings, the minimum dimensions shall be 200 feet by 150 feet and the minimum width of the lot at the street right-of-way shall be not less than 200 feet.
Front yards. No building or part of a building including open porches other than steps, eaves and cornices, and similar fixtures shall extend nearer the right-of-way of a street than the average distance of setback of the nearest main building within 100 feet on each side of said building and fronting on the same side of the street. When only one building exists on the same side of the building to be erected and within 100 feet thereof the building setback from the right-of-way of the street shall not be less than the average between the setback of the existing building and 60 feet from the road right-of-way. Where no building exists on the same side of the street with the building to be erected and within 100 feet thereof the minimum setback shall be 60 feet and the maximum setback shall be 100 feet from the actual right-of-way of all roads and no road shall be considered less than four rods in computing this setback requirement. However, the above shall not apply to require placing of a building more than 10 feet back of the front main wall of an existing adjacent building within 100 feet thereof. Building setbacks specifically established by any other action of the Town, Zoning or Planning Board or other restrictions of record in effect on any effective date of any amendment to this section of this chapter pertaining to maximum setbacks shall take precedence over the above.
Rear yards. There shall be a rear yard with a depth of not less than 25 feet. When a building or property extends through a block from street to street, the front yard requirements shall be observed on both streets.
Side yards.
For single-family dwellings, two-family dwellings and semidetached dwellings, there shall be two side yards each with a total width of at least 15 feet.
For a nonresidential building other than a garage or other accessory building, there shall be two side yards with a total width of not less than 60 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
Lots abutting more than one street. Front yard setback requirements provided in § 288-402B shall apply to all yards abutting streets. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 150 feet.
Height. The height of dwellings shall not exceed two stories being 22 feet, at the eaves.
All setbacks and lot size requirements referenced herein shall be determined upon a minimum road right-of-way of four rods (66 feet).

§ 288-403 Area, yard and height restrictions for lots not served by public sewers.

In the case of lots in Residence Districts R-1 not served by public sewers, the area, and height restrictions shall be as provided for Agricultural and Residence Districts AR by § 288-302.

§ 288-404 Private garages and other accessory buildings.

No detached private garage or other accessory building shall be placed closer to a side or rear property line than 10 feet, and for each foot the height of such building exceeds 15 feet, the offset from the rear and side property lines shall be increased by one foot.
No detached garage shall be placed closer to the street line than the front foundation of the house, and in the case of a corner lot, shall not be closer to either street than the area of the foundation closest to each street or 60 feet from each street right-of-way.
No accessory building shall be placed closer to the street line than the rear main wall of the principal dwelling, and, in the case of a corner lot, shall not be closer to either street than the area of the foundation farthest from each street.
In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same side and front yards shall be required as for a dwelling and such side yards shall be measured from the outer walls of such garage or carport. An attached garage or carport may extend into a rear yard.

§ 288-405 Location of driveways.

As in § 288-304.