Clarence City Zoning Code
ARTICLE VI
R-SF Residential Single-Family
§ 229-46 Intent.
A.
The Residential Single-Family District is designed to promote the health, safety, and general welfare of the Town's neighborhoods as well as providing for their expansion along the same traditional lines with which they were established.
B.
It is anticipated that these regulations will ensure that new development is consistent with the adopted Comprehensive Plan.
C.
The Residential Single-Family District is envisioned to contain any future large-scale developments and future sewer districts with large areas of open space preservation to maintain a more open suburban character.
§ 229-47 Permitted uses.
B.
Customary agricultural uses within the Residential Single-Family District shall be permitted only on lots that measure over five acres in size. Any agricultural use preexisting the adoption of this chapter that occurs on lots that measure less than five acres in size may continue as a preexisting nonconforming use.
§ 229-48 Uses permitted with a special exception use permit.
§ 229-49 Lot area provisions.
[Amended 7-9-2008 by L.L. No. 1-2008]
A.
Lot area provisions shall be as follows:
Lot Description | Minimum Lot Size (square feet) | Incentive Lot Size (square feet) | |
|---|---|---|---|
Sewered large lot | 20,000 | 15,000 | |
Unsewered large lot | 43,560 | 32,670 |
B.
Incentive lots in this district can only be considered when 25% of the parent parcel is preserved as open space in perpetuity (for example, via a permanent conservation easement recorded in the property deed). Incentive lots may be granted only by the Town Board for major subdivisions and by the Planning Board for minor subdivisions. To be considered for an incentive lot size, the minimum parent parcel lot size must be at least five acres. All other district regulations shall apply. See § 229-108A to C for determination of the permitted number of dwelling units.
§ 229-50 Lot width.
A.
All lots must front along a minimum of 125 feet of publicly dedicated road.
(1)
Exception: Lots on public roads with curvature in excess of 30° must maintain a minimum 60 feet of public road frontage.
B.
Corner lots must have a minimum of 200 feet of publicly dedicated rights-of-way on each public street. In areas served by public sewer service, the minimum may be reduced to 125 feet of publicly dedicated rights-of-way on each public street.
[Added 2-14-2007 by L.L. No. 1-2007[1]]
D.
For any lot platted prior to the adoption of this chapter and recorded in the Erie County Clerk's Office prior to the date of adoption, minimum lot width shall be 100 feet.
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§ 229-51 Building size.
No building or buildings, exclusive of accessory buildings, porches, entries, garages and terraces, shall contain less than 1,350 square feet for a one-story building, nor less than 900 square feet of usable first floor living space if more than one story and a total of at least 1,500 square feet of usable space in all.
§ 229-52 Setbacks.
A.
Front yard:
(1)
On lots with an established building setback line shown on a filed subdivision plat, no building or accessory building shall extend closer to a street or highway right-of-way than said established building setback line, nor shall any dwelling be erected or otherwise located so that the front building line lies more than 10 feet from the established building setback line.
(2)
On lots in undeveloped areas not shown on a filed subdivision plat, no building or accessory building shall extend closer to the street or highway right-of-way than 45 feet, nor shall any dwelling be erected or otherwise located so that the front building line lies more than 100 feet from the street or highway right-of-way.
(3)
On lots in developed areas not shown on a filed subdivision plat, no building or accessory building shall extend closer to a street or right-of-way than a building line established by the Zoning Code Enforcement Officer after review and examination of the existing structures within 500 feet of the proposed building. Said line shall in no case be closer than 35 feet from the street or highway right-of-way. No building in any such developed area shall be erected or otherwise located with its front building line more than 10 feet behind the building line so established by the Zoning Code Enforcement Officer. The determination of the Zoning Code Enforcement Officer establishing a building line may, upon proper application, be subjected to review and modification by the Zoning Board of Appeals (see Article XVI, Administration).
B.
Side yard: Side yards which abut a public or private street shall have the same minimum setback as the front yard setback. Minimum side yards for side load garages shall extend no closer than 28 feet to the side lot line. There shall be a minimum of a three-foot setback requirement from any lot line along a driveway for required drainage. No principal building, exclusive of eaves or cornices, shall extend closer than 12.5 feet to either side lot line.
C.
Rear yard: No principal building shall extend closer than 45 feet to the rear lot line, except that, on a lot extending through from street to street or highway to highway, the front yard requirements on each street or highway shall be observed.
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§ 229-53 Encroachments.
A.
Balconies, stoops, stairs, chimneys, open porches, bay windows and raised doorways shall be permitted to extend within the minimum front setback, to a maximum of 12 feet. Open patios and decks in rear yard may extend up to 12 feet into the setback area.
B.
Side yards that abut a public street shall be treated as described above. Hedges, garden walls or fences may be built on property lines or as a continuation of building walls.
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§ 229-54 Building height.
§ 229-55 Accessory structures.
B.
Standby home generators shall be allowed in the side and rear yard only and be exempt from accessory structure setback standards. The installation shall meet but not exceed the minimum installation guidelines as set forth within the manufacture specifications of the unit being installed. The periodic maintenance scheduling shall occur as per the manufacture recommendations and specifications, during daylight hours. Trash containers, mechanical equipment and outdoor storage shall be located only within the rear yard and be screened from public view.
[Amended 3-11-2020 by L.L. No. 1-2020]
C.
Mailboxes, newspaper boxes, walls, fences, birdhouses, flagpoles, pump covers, and school bus shelters may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only.
[Amended 2-14-2007 by L.L. No. 1-2007]
D.
Attached accessory structures shall not exceed 40% of the total area of the principal structure or 960 square feet, whichever is smaller. Detached accessory structures shall not exceed 720 square feet. At no time shall the total area of an accessory use exceed 20% of the rear yard. Such uses shall only be permitted in the rear and side yards.
[Amended 2-14-2007 by L.L. No. 1-2007]
F.
Accessory structures with a total area exceeding 400 square feet shall be constructed using materials and features similar to the principal structure.
G.
Outbuildings in rear yards that abut a publicly dedicated street must have a minimum setback equal to the front yard setback.
H.
Only one private garage is allowed, whether attached or detached, and two accessory buildings up to 200 square feet on any one lot where a principal building exists.
J.
No accessory building may be built without a principal building on the lot.
K.
Customary agricultural outbuildings shall be permitted on any lot that has a permitted agricultural operation. There shall be no limitation on the size of an agricultural outbuilding, but it shall meet all other regulations in this section.
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§ 229-56 Lot coverage.
The maximum building footprint for any residential lot shall not exceed 18% for a single-story structure and 13% for a two-story structure of the entire lot area for any principal structure. The building footprint shall include all aspects of the principal structure under a roof and over a foundation, excluding exposed porches and including attached garages. This footprint shall not include any accessory buildings or detached garages which meet requirements as herein stipulated.