Elma City Zoning Code
ARTICLE VII
Residential C and Agricultural Zone
§ 144-58 Permitted and prohibited uses.
A.
Buildings and structures in a Residential C and Agriculture Zone and uses thereof shall be limited to:
(1)
Any building, structure or premises used, and any building or structure erected, on any one lot intended and designed as a private residence to accommodate not more than two families, a farm building, greenhouse, library, church, school, park or playground.
[Amended 6-7-2000]
(3)
A name- and/or professional plate not over eight square feet in area to advertise for the produce grown upon or services rendered from the premises may be erected at any point between the road line and the prevailing front building line, provided that there shall not be more than one such sign on any lot and that it shall refer only to the business conducted on the premises upon which it is located.
(4)
Riding or boarding stables, kennels and fur farms are subject to the filing, with the Zoning Board of Appeals, written unanimous consent of all property owners within a radius of 1,000 feet of the lot on which such riding or boarding stable, kennel or fur farm is proposed.
(5)
A residence containing a professional office for use of a residential occupant.
[Added 6-7-2000]
B.
The following uses shall not be permitted: taverns, clubs, trailer camps, airports, industry and commerce, except where specifically permitted elsewhere in this chapter and/or any other Town of Elma ordinance.
§ 144-59 Floor space.
For regulations pertaining to floor space, see § 144-99A.
§ 144-60 Lot size.
For regulations pertaining to lot size, see § 144-99C.
§ 144-61 Trailers (mobile homes). [1]
No trailer in excess of 500 cubic feet is to be parked on any lot unless the owner already has a livable home on the lot, in which event a trailer may be parked in the rear yard. Such trailer cannot be occupied.
§ 144-62 Height, bulk and arrangement of buildings.
For regulations limiting the height, bulk and arrangement of buildings, see § 144-99.
§ 144-63 Swimming pools.
A private family swimming pool shall be permitted as an accessory use as long as it is located entirely within the rear yard and no part of the pool or deck is closer to the lot line than 10 feet. No pool can be located closer than 10 feet from a sanitary leach field, sand filter or tile field.
§ 144-64 Boardinghouses and rooming houses.
A boardinghouse and rooming house, not to exceed two boarders and roomers, is permissible in any one housekeeping unit, provided that no separate housekeeping privileges are permitted.
§ 144-65 Farm buildings.
A.
Building permits shall be required for the erection, construction of alteration of any building or structure to be used for customary agricultural purposes. The location of any building or structure shall be governed by the regulations limiting height, bulk and arrangement of buildings. (See Article XI.)
§ 144-66 Utility permits.
Permits are required for all utility structures other than any municipally owned, and upon written application, including survey and plans, to the Town Board.
§ 144-67 Camps.
A.
On the approval of the Zoning Board of Appeals, temporary permits for not to exceed five years may be granted in any Residential C and Agricultural Zone for a camp, provided that:
(1)
The fee set by the Town Board has been paid.
(2)
There is filed with such application the consents, in writing duly acknowledged, of the owners and the lessees of record of 50% of all property, measured lineally around the boundary contiguous to the property for which such permit is sought.
(3)
At least 10 days' notice of such pending application is given by mail by the Clerk of such Zoning Board of Appeals to all persons recorded on the last preceding assessment roll as owning property within 2,500 feet of the property for which such permit is sought, and such service of notice by mail to such property owners and lessees shall be deemed to have been effected when duly stamped envelopes containing such notices and addressed to their last known address shall have been duly deposited in the mail.
(4)
No portion of the property for which such permit is sought is within 1,000 feet of any body of water or watercourse which is a part of any public water supply system.
(5)
The number of persons to be accommodated in such camp shall not exceed one for each 10,000 square feet of area within such grounds.
(6)
No camp structure shall be located within 300 feet of any property line.
B.
All existing camps are hereby required to file for a permit as required herein. All applications for permits shall include Erie County Health Department certifications of sanitation and health facilities and capacities. Permits will be required of all camps within the Town of Elma for the year 1955 and for subsequent periods.
§ 144-68 Institutions.
Any institution is permissible if recommended by the Planning Board and approved by the Town Board after a public hearing.
§ 144-69 Golf courses.
Private golf courses, operated by a nonprofit membership corporation exclusively for members and guests, including club facilities, pro shop, accessory dining room with or without bar facilities and normal accessory service buildings, shall be permitted.
§ 144-70 Agricultural accessory uses.
Farm truck garden, dairy, nursery or greenhouse and all other customary incidental agricultural occupations are permissible, such as, without thereby limiting the generality of the foregoing, the housing of livestock regularly maintained on such farm, farm equipment and crops or supplies; the making of cider; the bottling of milk and cream produced on the premises from livestock on such farm when approved by the County Department of Health; the cold storage of farm produce produced upon said farm, together with the use of structures for these and similar purposes, provided that any structure so used shall not be within 75 feet of a public road line or nearer than 25 feet from any other property line.