Elmira City Zoning Code
ARTICLE V
Area and Bulk Regulations
§ 217-22 Intent.
This article is established in the interest of promoting public health, safety and welfare by providing open space for the access of light and air circulation, preventing conflagration, facilitating fire fighting, meeting current and future septic disposal needs, protecting water supplies and environmentally sensitive areas, uncongested traffic movements, and protecting views.
§ 217-23 Density and Bulk Control Schedule.
The Density and Bulk Control Schedule of required conditions for each zoning district is included at the end of this chapter.
§ 217-24 Special regulations.
Except as herein provided, no structure shall be erected or altered, or premises used, except in accordance with the standards set forth in this article and the Density and Bulk Control Schedule.[1]
B.
Special regulations relating to side yards.
(1)
A structure having semidetached, townhouse or multifamily dwelling units shall meet the side yard setback(s) only at the end(s) of the structure facing the side yard(s).
(2)
Except as specified above in Subsection B(1), side yard setbacks shall be required for each separate lot on which a structure(s) is located.
(3)
Where the side wall of a building is not parallel to the side lot line or the side lot line is irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any one point than 1/2 the otherwise required minimum width.
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
§ 217-25 Projections into yards.
Only the following projections shall be permitted within a minimum yard setback:
A.
Removable awnings and canopies may project a maximum of four feet.
B.
Cornices, eaves, passive solar devices, and other such architectural feature may project a maximum of two feet.
C.
Temporary exterior uncovered and unenclosed handicap access facilities, as required by the health of a resident, may project up to the lot line(s) if required to meet the access standards. Such facilities shall be removed when the person(s) who required the use of such facilities is no longer in residence.
D.
Unroofed and unenclosed paved surfaces at existing finished grade may project up to the lot line(s).
§ 217-26 Minimum density.
A.
There shall be no more than one principal structure containing dwelling units on a lot or a parcel except as may be approved under site plan review and approval.
B.
No subdivision of a lot shall create a lot that is not in compliance with any provision of the Density and Bulk Control Schedule.[1]
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
§ 217-27 Distance between principal structures on same lot.
Where there is more than one principal structure on a lot in any district, the space between such structures shall be at least equal to the height of the taller of such structures.
§ 217-28 Exceptions to height regulations.
The limitations of the height of buildings shall not apply to parts of buildings which are nonhabitable; silos, chimneys, HVAC equipment, ventilators, skylights, bulkheads, and towers or spires that are part of nonresidential buildings.
§ 217-29 Exceptions to front yard requirements.
A.
Front yards of less than minimum depth. In the A, AA, and AAA Districts where there are principal structures on both abutting lots with front yards of less than the required depth for the district, the front yard for the middle lot need not exceed the average front yard of the abutting structures. If there is a principal structure on the abutting lot with a front yard of less than the required depth for the district, the front yard of the middle lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth.
B.
Front yards of more than minimum depth. In the A, AA, and AAA Districts where there are principal structures on both abutting lots with front yards greater than the required depth for the district, or if there is a principal structure on one abutting lot with a front yard greater than the required depth for the district, the front yard for the lot shall be determined by averages as specified above.
§ 217-30 Through lots.
In the case of a lot running through from one street to another street, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on the permit application which lot line shall be considered the front line. The rear portion of such a lot shall, however, be treated as a front yard for the purposes of determining required setbacks and locations of permitted structures and uses.
§ 217-31 Transition yard requirements.
A.
Where a residential district abuts a nonresidential district on a street line, there shall be provided in the nonresidential district, for a distance of 50 feet from the district boundary line, a front yard at least equal in depth to that required in the residential district.
B.
Where a nonresidential district abuts a side or rear yard in a residential district, there shall be provided in the nonresidential district a side or rear yard at least equal in depth to that required in the residential district. In no case, however, shall the abutting rear yard be less than 25 feet.
C.
Where a nonresidential district abuts a side or rear yard in a residential district, the Planning Board may also require that a planting strip with a minimum two-foot thickness and/or fence be provided on the nonresidential lot to provide a buffer. Such planting strip shall incorporate compact plant materials of not less than three feet in height at planting, nor more than six feet in height at maturity. All such plantings shall be maintained in good condition by the owner.
§ 217-32 Lot coverage.
Lot coverage, as regulated in the Density and Bulk Control Schedule,[1] shall be as defined in this chapter and shall include the area of all buildings, including accessory structures, and all impervious surfaces on a lot.
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.