Depew City Zoning Code
§ 260-31
Residential use standards.
A.
Common recreation. A common recreation use or structure is permitted in accordance with the district use tables, subject to the following standards.
(1)
The land is owned by a homeowners' association or other common ownership and is maintained and used only by the members of the association or the owners in common, their families and guests;
(2)
The members of the association or common owners are residents of the subdivision within which the structure or use is located; and
(3)
All buildings shall be located at least 75 feet from any adjoining residential lot line and all other structures and uses shall be at least 25 feet away.
B.
Patio home. A patio home is permitted in accordance with the district use tables, subject to the following standards.
Description: | ||
|---|---|---|
The patio home is a single-family detached dwelling unit, similar to a zero lot line home, placed on a small lot. Due to the modest area of the lot, the rear yard may be enclosed by a wall, while still preserving a narrow front yard. Where an alley is provided, all garage access shall take place from the alley. | ||
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Typical patio home layout with and without alley |
(1)
Patio house dimensional standards. Notwithstanding the dimensional standards for the district in which a patio home is permitted, a patio home shall comply with the following standards.
Patio Home Standards | ||
|---|---|---|
Minimum lot area (per dwelling) | 5,000 square feet | |
Minimum lot width | 40 feet | |
Minimum front yard | 12 feet | |
Minimum garage setback from street ROW | 20 feet | |
Minimum rear yard | 10 feet | |
Minimum side yard | — | |
Minimum patio area | 1,000 square feet | |
Minimum patio width | 20 feet | |
Minimum building separation | 12 feet | |
Maximum height | 28 feet | |
Maximum building coverage | 40% | |
Minimum floor area | 1,000 square feet |
A garage with alley access may extend into the rear setback. |
C.
Upper-story dwelling unit. An upper-story dwelling unit is permitted in accordance with the district use tables, subject to the following standards.
(1)
The minimum floor area per dwelling unit shall be as follows: 400 square feet for a zero-bedroom unit; 640 square feet for a one-bedroom unit; 760 square feet for a two-bedroom unit; 1,000 square feet for a three-bedroom unit; and 1,200 square feet for a four-bedroom unit. Parking may be shared with ground floor uses, where appropriate.
D.
Zero lot line home. A zero lot line home is permitted in accordance with the district use tables, subject to the following standards.
Description | ||
|---|---|---|
The zero lot line home is a single-family detached dwelling unit positioned on one side lot line without any setback. The home has private yards on three sides of the building, including a wider side yard comprising the equivalent of two side yards for conventional detached housing. Garage access may take place from the front or the rear of the lot. | ||
 |
(1)
Zero lot line dimensional standards. Notwithstanding the dimensional standards for the district in which a zero lot line home is permitted, a zero lot line home shall comply with the following standards.
Zero Lot Line Home Standards | ||
|---|---|---|
Minimum lot area (per dwelling) | 5,000 square feet | |
Minimum lot width | 40 feet | |
Minimum front yard | 15 feet | |
Minimum garage setback from street ROW | 20 feet | |
Minimum rear yard | 10 feet | |
Minimum side yard | — | |
Minimum building separation | 12 feet | |
Maximum height | 2 stories (up to 35 feet) | |
Maximum building coverage | 40% |
(2)
Setbacks. The side yard setback may be reduced to zero on one side of the home. This reduction is not permitted on the front or rear yard setback or on the side yard setback adjacent to lots that are not within the zero lot line project.
 Setbacks.tif.png "260-31D(2) Setbacks.tif") |
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A garage with alley access may extend into the rear setback. |
(3)
Maintenance easement. An easement between the two property owners to allow for maintenance or repair of the home shall be required when the roof overhang or side wall of the house are within four feet of the adjacent property line. The easement on the adjacent property shall provide at least five feet of unobstructed space. The easement shall be recorded on the deed for the lot where the projection occurs.
 Maint Easement.tif.png "260-31D(3) Maint Easement.tif") |
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Five-foot maintenance easement along zero setback wall |
(4)
Privacy. If the sidewall of the house is on the property line, or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not permitted. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are permitted.
 Privacy.tif.png "260-31D(4) Privacy.tif") |
E.
Multifamily dwellings. Multifamily dwellings, including apartments, condominiums and town homes, are permitted in accordance with the district use tables, subject to the following standards.
(1)
Density shall not exceed 12 dwelling units per acre.
(2)
Minimum building separation between principal buildings shall be 40 feet. Accessory buildings shall provide a minimum building separation of 20 feet to principal buildings. Accessory buildings shall provide a minimum building separation of 10 feet to other accessory buildings.
(3)
An unobstructed access driveway a minimum of 24 feet in width shall be provided to serve parking areas accessory to dwelling units/buildings. Driveways and internal roadways shall be designed to provide sufficient maneuverability for fire access and other large service vehicles.
(4)
A minimum of 400 square feet of common recreation space shall be provided per dwelling unit to meet the needs of the residents.
(5)
All parking areas/driveways shall be a minimum of 25 feet from the multifamily buildings which they are accessory to. Required access driveways serving individual attached garage units shall be exempt from such distance requirement.
(6)
All dwelling buildings shall be provided with accessible walks from parking areas, common areas and to public streets.
(7)
Buildings shall be arranged to provide privacy between buildings and to offer unique configurations which are not monotonous in design.
(8)
The maximum wall length of any group of attached dwelling units shall not exceed 150 feet. Wall articulation shall be provided to break up any monotonous wall design.
(9)
Refuse collection areas shall be provided in convenient locations to meet the needs of all residents.
F.
Fences. Residential fences shall be uniform in their construction materials and color. Application of paints or other surface protectant shall have a uniform color on both sides of fence panels and for the entire length of the enclosing fence. Wood board or solid fences shall face boards on the outside of rails and posts, so that the good side of the fence faces the exterior of the yard that the fence is enclosing and/or the neighboring property.
(1)
All portions of the fence installation, including the fence post holes, shall not encroach the adjacent property line or required yard as may be applicable.
(2)
The use of security toppings and/or electric fencing shall be prohibited.
(3)
Fencing shall not exceed a maximum height of six feet within the required rear yard or interior side yard. Decorative posts or post caps may exceed the fence height by six inches.
(4)
Fencing of any height is not permitted within the required front yard. See § 260-14B(1)(g) for exterior side yard exceptions.
G.
Garage sales. Residential rummage or garage sales are permitted customary accessory uses of one- and two-family dwellings, with the following limitations:
(1)
Sales shall be limited to a maximum of two sales per year for a maximum of three consecutive days per sale; and
(2)
The placement and use of signs and/or posters shall be limited to private property. Signs shall not be placed within any road right-of-way, including any attachment to utility poles and/or street signs; and
(3)
All items for sale shall be returned indoors or within the garage following the close of the sale for that day; and
(4)
Sales shall be limited to 8:00 a.m. and 5:00 p.m.
H.
Grading and filling of residential land. Filling of vacant or improved land of any size shall not occur without a grading and drainage plan approved by the Code Enforcement Officer.
(1)
All such fill shall be earth in its natural form, without any debris or foreign material. Boulders and similar rock shall not exceed six inches in diameter.
(2)
Top dressing of lawn areas which do not affect the natural overland flow of stormwaters are exempt from the drainage plan requirements.
(3)
The construction of earthen berms and similar significant landscaping features, including retaining walls, requires a grading drainage plan to be approved by the Code Enforcement Officer.
I.
Recreational vehicles, campers and utility trailers. The parking of recreational vehicles, including boats, campers, personal watercraft and utility trailers, are permitted customary accessory uses of one- and two-family dwellings and may be parked in the exterior of the premises with the following limitations:
(1)
All such vehicles must be licensed or its trailer must be licensed; and
(2)
All such vehicles must be on a paved automotive use area (driveway); and
(3)
All such vehicles may not create a visual obstruction for motorists or pedestrians; and
(4)
All such vehicles must be a minimum of five feet from a public walk.
J.
Unlicensed motor vehicles/commercial vehicles. The exterior storage and/or parking of vehicles which are unlicensed, including a current New York State inspection sticker, may not occur outside of an enclosed building within residential zoning districts or on premises which are being utilized as lawful nonconforming residential uses.
(1)
The storage and/or parking of commercial vehicles shall not be permitted on a residentially zoned parcel or on premises that are being utilized as lawful nonconforming residential uses, except that one commercial vehicle, the rated capacity of which does not exceed 3/4 ton, may be parked inside or outside of a completely enclosed building. When parked outside of a completely enclosed building, the commercial vehicle shall not have any commercial advertisement affixed thereto.
K.
Security lighting/area lighting. The use of exterior-mounted residential security lighting or area lighting is permitted as an incidental use to one- and two-family dwellings with the following limitations:
L.
Swimming pools. Aboveground and in-ground swimming pools are permitted customary accessory uses of one-family detached dwellings and two-family dwellings, subject to the following standards. Hot tubs shall also be subject to these standards:
(1)
All pool structures must be situated behind the principal dwelling in the required rear yard.
(2)
The pool structure and adjacent pool deck, including any adjacent walk, shall be a minimum of five feet from a rear property line or interior property line. If a rear lot line abuts a side lot line of a neighboring residential use, pool structures and adjacent pool decks, including any adjacent walks, shall be a minimum of 10 feet from the rear lot line. Pools may not encroach a required exterior side yard.
(3)
Pool structures capable of holding more than 24 inches of water at any point shall be provided with a barrier consistent with the minimum requirements of the New York State Residential Code.
(4)
All pool structures capable of holding more than 24 inches of water at any point shall be required to obtain a building permit from the Code Enforcement Officer prior to placement and meet the minimum requirements of the New York State Residential Code.
(5)
All pool pumps, filters and/or heating equipment shall also be a minimum of five feet from any rear or interior property line. Such equipment may encroach an exterior side yard if not housed within a building.