Evans City Zoning Code
ARTICLE IV
Residential Districts
§ 200-9 Rural Residential District (R-R).
[Amended 11-1-2006 by L.L. No. 10-2006]
A.
Intent. The intent of this district is to promote and preserve, in appropriate areas, conditions favorable to larger-lot family life. The Rural Residential District will support limited agricultural activities, including the keeping of horses and raising of crops. This district is intended to be primarily residential in nature and protected from encroachment by commercial and industrial activities.
B.
Permitted structures and uses.
(1)
Principal structures and uses.
(a)
Single-family dwelling.
(b)
Private stable and horse farm.
(c)
A church, synagogue or any other place of public worship.
(d)
Wildlife reservation or conservation project, including related structures.
(e)
Cemetery, including mausoleums, provided that mausoleums shall be a distance of at least 200 feet from any adjoining residence district; and provided, further, that any new cemetery shall contain a single contiguous area of 20 acres or more.
(g)
College, university, technical school, theological school, including buildings, offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities/sororities, and housing for students or staff members.
(h)
Commercial recreation use, including golf courses, country clubs, riding arena or facilities for tennis, handball, racquetball, baseball, football, basketball, hockey/skating, swimming or similar facilities on any lot measuring no less than five acres. (Special use permit required; see § 200-45 of this chapter.)[1]
[1]
Editor’s Note: Former Subsection B(1)(i), Private kennels, added 5-26-2010 by L.L. No. 1-2010 and which immediately followed this subsection, was repealed 12-14-2011 by L.L. No. 11-2011.
(2)
Accessory structures and uses.
(a)
Structure and uses customarily incidental, subordinate and related to the above.
(c)
The office of a resident professional, as permitted and regulated by this chapter.
(d)
Detached private garages and parking areas.
(e)
Agricultural buildings and barns.
(f)
Private riding arenas or rings.
(g)
Greenhouses.
(i)
Beekeeping, provided that hives are situated no less than 50 feet from any property line.
(k)
Other private recreational uses and structures.
(m)
Private and parochial schools and day-care centers, when accessory to a church, synagogue or other place of public worship.
(n)
Private kennels, on a lot consisting of a minimum of three acres.
[Added 12-14-2011 by L.L. No. 11-2011]
C.
Design regulations.
(1)
(2)
Keeping of horses for noncommercial use.
(a)
Two horses per minimum two acres; one acre for each additional horse.
(3)
Accessory structures and uses.
[Amended 5-26-2010 by L.L. No. 1-2010]
(a)
Agricultural buildings' and structures' location:
[1]
From another structure: 20 feet.
[2]
From any lot line: 20 feet.
[Amended 12-14-2011 by L.L. No. 11-2011; 7-16-2014 by L.L. No. 3-2014]
[3]
Size: 1,500 square feet maximum.
[4]
All agricultural buildings, structures, and facilities associated with the keeping of horses shall be a minimum of 75 feet from the property line.
(b)
All other structures:
[Amended 5-15-2013 by L.L. No. 4-2013; 7-16-2014 by L.L. No. 3-2014; 8-17-2016 by L.L. No. 5-2016]
(5)
Animal waste/manure storage.
(a)
Temporary or permanent waste storage facilities shall not be located less than 100 feet from any perennial or intermittent stream, spring, pond, ditch, gully or creek.
(b)
Temporary or permanent waste storage facilities or other odor-, dust-, nuisance-producing substances shall be kept at least 75 feet from any property line and 100 feet from any nearby residential structure.
(c)
Temporary or permanent waste storage facilities shall be prohibited in front yard areas and shall be situated a minimum of 100 feet from any existing drinking water supply well.
(d)
The location of an animal waste storage facility in a floodplain shall require a floodplain development permit.
(e)
Animal waste or manure, and water contaminated with waste nutrients, shall not be discharged to surface waters or groundwater.
(f)
Water runoff shall not flow uncontrolled into or across storage areas or facilities, or areas with a large concentration of animals.
(g)
Animal waste storage facilities must be properly sized for the projected accumulation based on expected application periods.
(h)
Animal waste storage facilities must comply with all provisions of the New York State Agriculture and Markets Law and other applicable state and county regulations.
(i)
The land application of animal waste is not permitted.
(6)
Fencing.
(a)
Fencing shall not be placed closer than 15 feet to the property line in any front yard.
(b)
Stockade and other solid fencing, with the exception of stone farm walls, shall not be placed along the side lot line closer than 60 feet from the front property line.
(c)
Fencing shall not exceed five feet in height up to 60 feet from the front property line; thereafter, fencing for the keeping of horses may be increased to a height not to exceed eight feet.
(d)
Fencing in side or rear yards may be located along the property line (requires a building permit from the Code Enforcement Office).
(e)
Side yard fencing shall only follow the property line from a point located 60 feet back from the front property line.
D. AGRICULTURAL BUILDINGS AND STRUCTURES BARN CORRAL PADDOCK PASTURE PRIVATE STABLE RIDING ARENA STALL
Definitions.[4] As used in this section, the following terms shall have the meanings indicated:
Shall include, but not be limited to, barns, sheds, shops, machine or equipment storage buildings, greenhouses, stables, riding rings, exercise tracks, runs, dry lots, stalls, paddocks, corrals or fences, manure storage facilities, or other storage buildings, outbuildings or enclosures.
A building used for the housing and care of horses and for the storage of feed, hay, other crops and equine equipment and permitted uses accessory to those listed herein.
A fenced enclosure used for the regular confinement of horses.[5]
A fenced area for turn out and/or exercising of horses.
An area used seasonally for grazing horses.[6]
A structure designed for the feeding, housing and exercising of horses belonging to the owner of the premises.[7]
An enclosed area or structure for equestrian training, showing or entertainment.[8]
An enclosure provided and designed for the feeding and housing of one horse.
[5]
Editor’s Note: The former definition of "crops," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011, and the former definition of "fence," which immediately followed that definition, was repealed 5-26-2010 by L.L. No. 1-2010.
[6]
Editor’s Note: The former definition of "pond," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011. This local law also added the definition of "private kennel," which then immediately followed this definition but was repealed 2-3-2016 by L.L. No. 1-2016.
[7]
Editor’s Note: The former definition of "property line," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[8]
Editor’s Note: The former definition of “runoff,” which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011, and the former definition of “stable,” which immediately followed that definition, was repealed 5-26-2010 by L.L. No. 1-2010.
§ 200-10 Residential District One (R-1).
A.
Intent. The intent of this district is to provide areas within the Town for low-density single-family detached residential development where each dwelling unit must be located on an individual lot of at least 12,150 square feet for sewered areas. Maximum density will be approximately 3.5 dwelling units per gross acre. For unsewered areas, each dwelling unit must be located on an individual lot meeting the minimum Erie County Health Department requirements. Maximum density for unsewered areas will be approximately two dwellings per gross acre, which meets the minimum requirements of the Erie County Health Department.
[Amended 10-2-1996 by L.L. No. 10-1996]
B.
Permitted structures and uses. The following structures and uses are permitted in Residential District One (R-1):
(1)
Principal structures and uses.
(a)
Single-family detached dwelling units, as defined in the R-R District.
[Amended 11-1-2006 by L.L. No. 10-2006]
(b)
Common recreational structure or use, provided that:
[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 are at least 25 feet therefrom.
(c)
A church or synagogue or other place of public worship.
(2)
Accessory structures and uses.
(a)
Uses and structures customarily incidental to the above.
(b)
Home occupations, as permitted and regulated by this chapter.
(c)
The office of a resident professional, as permitted and regulated by this chapter.
(d)
Rooming and boarding for not more than three persons.
(e)
Detached private garages and parking areas.
(f)
Private recreational uses and structures.
(g)
Swimming pools, as permitted and regulated by this chapter and other laws.
(h)
Signs, as permitted and regulated by this chapter.
(i)
Private and parochial schools and day-care centers accredited, when required, by New York State, when accessory to a church, synagogue or other place of public worship.
(j)
Off-street parking, loading and stacking, as required by this chapter.
§ 200-11 Residential District One-Lakefront (R-1-L).
A.
Intent. The intent of this district is to provide areas within the Town for low-density single-family detached residential development where each dwelling unit shall be located on an individual lot of at least 30,000 square feet for sewered areas. Maximum density will be approximately 1.5 dwelling units per gross acre. For unsewered areas, each dwelling unit shall be located on an individual lot of at least 40,000 square feet. Maximum density for unsewered areas will be approximately one dwelling unit per gross acre, which meets the minimum requirements of the Erie County Health Department.
B.
Permitted structures and uses. The following structures and uses are permitted in Residential District One-Lakefront (R-1-L):
(1)
(2)
Accessory structures and uses: as permitted and regulated in the R-1 District.
§ 200-12 Residential District Two (R-2).
A.
Intent. The intent of this district is to provide areas within the Town for low-density single-family and two-family attached residential development. Maximum density will average 4.0 units per gross acre. The Lake Erie Beach neighborhood, as defined on the Town of Evans Zoning Map, consists of slightly different character and higher densities, thus it is appropriate to define slightly different requirements for this area, as identified herein.
[Amended 5-15-2013 by L.L. No. 4-2013]
B.
C.
Design regulations.
(1)
Principal structures and uses.
[Amended 5-2-2012 by L.L. No. 1-2012; 5-15-2013 by L.L. No. 4-2013]
(2)
Accessory structures and uses: as permitted and regulated in the R-1 District.
§ 200-13 Multifamily Residential District Three (MFR-3).
A.
Intent. The intent of this district is to provide areas within the Town for the development of attached and detached dwelling units at a maximum density of approximately eight units per gross acre where sewers are available.
B.
Permitted structures and uses. The following structures and uses are permitted in Multifamily Residential District Three (MFR-3):
C.
Design regulations.
(1)
Principal structures and uses.
(a)
Attached dwelling units.
[1]
Minimum lot width for each multi-unit development or single multifamily structure not a part of a group: 120 feet.
[3]
Maximum structure height: 35 feet.
[4]
Minimum floor area for attached dwelling unit:
Number of Bedrooms | Floor Area (square feet) | |
|---|---|---|
0 | 400 | |
1 | 640 | |
2 | 760 | |
3 | 1,000 | |
Each additional | 180 |
[5]
Maximum land coverage: 35%.
[6]
Access. Dwelling units within a development may be arranged in groups or clusters. Multifamily developments shall abut a dedicated street; however, each dwelling unit within such a group or cluster need not so abut, provided that:
[a]
Each dwelling unit is accessible by means of a private street to service and emergency vehicles.
[b]
The standards of design and construction for private streets shall meet applicable Town specifications for public streets unless modified by the approved site plan.
[c]
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
[d]
The procedures for the preservation and maintenance of private streets, pedestrianways and common open space comply with all applicable laws.
[7]
Density. Minimum gross land area to be devoted to attached units, excluding the area of public streets on the perimeter of that area, shall be equal to the number of dwelling units times 4,300 square feet.
[8]
Building dimension and location. Any main or longitudinal wall of a sequence of units shall not exceed 132 feet in length without a ninety-degree offset of at least 10 feet. The overall length of any elevation shall not exceed 176 feet in length. Principal structures shall be separated by at least 30 feet.
(b)
Detached dwelling units on individual lots: as permitted and regulated in the R-2 District.
(c)
Detached dwelling units not on individual lots.
[1]
Density. The minimum gross land area to be devoted to detached units, excluding the area of public streets on the perimeter of that area, shall be equal to the number of dwelling units times 7,500 square feet.
[2]
Principal structure location and separation requirements.
[a]
Front building line from nearest street line of street serving it: 30 feet.
[b]
Side yards may vary depending on the design and arrangement of buildings, drives and common open space; however, the minimum distance between adjacent buildings shall not be less than 20 feet.
[c]
Minimum distance to lot line: zero feet.
§ 200-14 Multifamily Residential District Four (MFR-4).
A.
Intent. The intent of this district is to provide areas within the Town for medium-density multifamily development where the relationship among buildings and between wings of a single building is regulated in order to assure adequate light and air to residents and protection to and from surrounding development. Maximum density will be approximately 14 dwelling units per gross acre, depending on dwelling unit size.
B.
Permitted structures and uses. The following structures and uses are permitted in Multifamily Residential District Four (MFR-4):
C.
Design regulations.
(1)
Principal structures and uses.
(a)
Detached dwelling units: as permitted and as regulated in the MFR-3 District.
(b)
Attached dwelling units.
[1]
Minimum land area for each dwelling unit: 3,000 square feet.
[2]
Minimum lot width for each group development or separate structure not a part of a group development: 150 feet.
[4]
Maximum lot coverage by structure: 40%.
[5]
Maximum building height: 35 feet.
[6]
Minimum floor area:
Number of Bedrooms | Floor Area (square feet) | |
|---|---|---|
0 | 400 | |
1 | 640 | |
2 | 760 | |
3 | 1,000 | |
Each additional | 180 |
[7]
Building dimensions and location. Any main or longitudinal wall of a sequence of units shall not exceed 132 feet in length without a ninety-degree offset of at least 10 feet. The overall length of any elevation shall not exceed 176 feet in length.
(3)
Access for attached dwelling units. Dwelling units within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each dwelling unit within such a group or cluster need not so abut, provided that:
(a)
Each dwelling unit is accessible by means of a private street for service and emergency vehicles.
[Amended 10-2-1996 by L.L. No. 10-1996]
(b)
The standards of design and construction for private streets shall meet applicable Town specifications for public streets unless modified by the approved site plan.
(c)
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
(d)
The procedures for the preservation and maintenance of private streets, pedestrianways and common open space comply with all applicable laws.
(4)
Regulations for dormitory, fraternity or sorority house. These structures and uses and those accessory thereto are conditional and shall require a special permit from the Town Board, which may establish regulations, requirements and conditions.
D.
Yard and building spacing.
(1)
Intent. In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for attached dwellings in the MFR-4 District are hereby established. Buildings shall be arranged so as to assure privacy between adjacent structures and intersecting wings of structures, appropriate setbacks from streets, parking and recreation areas and to assure adequate light and air to residents and protection to and from surrounding development. Distances shall vary in relation to the height of structures and the arrangement in relation to other land uses and boundary lines.
(2)
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Ha — The height of Building A. | |
Hb — The height of Building B. | |
H (Ha or Hb) — The vertical distance measured from the finished grade to the mean roofline. |
(3)
Distance between parallel buildings.
(a)
"Parallel building walls" are those portions of the exterior walls which are directly opposite when two buildings are parallel or within 30° of being parallel and face each other across an open yard or court.
(b)
The formula for determining the distance between exterior walls of the greater length shall be:
D = H + 20 |
 |
(c)
The formula for determining the distance between exterior walls of the lesser length shall be:
D = H + 5 |
 |
(d)
The formula for determining the distance between exterior walls of the greater length and the lesser length shall be:
D = H + 10 |
 |
(4)
Distance between buildings in angular arrangements. The minimum distance in angular arrangements of 30° to 60° shall be taken at the closest point of intersection between buildings along a line perpendicular to the closest point. The formula for determining the distance between exterior walls shall be:
D = H + 5 |
 |
(5)
Distance between buildings or parts thereof and lot lines. The minimum distances shall be determined by the following formulas:
(a)
Buildings with wall of greater length parallel to the lot line:
D = 2H |
 |
(b)
Buildings with wall of lesser length parallel to the lot line or the corner of any building on an angle of 30° to 60° to the lot line:
D = 1.5H |
 |
(c)
Building relationship to any street right-of-way line:
D = 2H | [but in no instance shall the minimum distance be less than 36 feet] |
 |
(d)
Buildings which, if wall lines are extended, do not intersect the wall of the nearest structure shall be governed by the following formula:
D = H |
 |
(6)
Building heights for all districts. Combination building roof height shall be:
H = | H(A) + H(B) 2 |
 |
(7)
Permitted accessory structures and uses in the MFR-4 District spacing requirements. Permitted accessory structures and uses and minimum distances are as set forth in the following schedule:
Accessory Structure or Use | To Boundary Lines of Adjacent To Walls of Principal Buildings Maina (feet) | Endb (feet) | To Streets Public Right-of-Way (feet) | Private (feet) | Single-Family Detached (feet) | Single-Family Attached or Nonresidential District or Use (feet) |
Private garage | 15 | 10 | 25 | 10 | 10 | 5 |
Storage garage | 30c | 15c | 25 | 10 | 10 | 5 |
Parking, loading, stacking area and driveway | 15d | 10d | 20e | 5e | 25 | 10 |
Areas for active recreation | 50 | 30 | 25 | 30 | 75 | 25 |
NOTES: |
a A "main wall" is any exterior wall of a building containing the principal window of a living room, dining and/or sleeping room or rooms. |
b An "end wall" is any exterior wall of a building other than a main wall and containing secondary windows required for ventilation and not intended to provide a direct view. |
c A garage may be part of the main apartment building or, if detached, as set forth above. |
d Parking, loading and stacking area may abut principal structure if that area does not exceed the minimum established by this chapter and is designed only for the use of the units within the structure. If the driveway is designed as a part of the building entrance, it may be less than set forth in this schedule for that section near the entrance. |
e Parking, loading and stacking area only. |
§ 200-15 Mobile Home Residential District Five (MHR-5).
A.
Title. This section shall be known as the "Mobile Home Development Law" for the regulation of and the orderly development of mobile homes and mobile home parks within the Town of Evans, excluding the Incorporated Village of Angola, New York.
B.
Legislative intent. It is the purpose of this section to recognize a mobile home as a dwelling place and the mobile home park as a community and that they be regulated by this section to promote the health, safety and general welfare of the residents of mobile homes and to provide a desirable residential influence of mobile home parks. The rules of the licensed mobile home park are to be consistent with the general well-being of the overall community.
C.
Abbreviations and definitions.
(1) MHD
Abbreviations. As used in this section, the following abbreviations shall have the meanings indicated:
Mobile home development or mobile home park.
(2) ACCESSORY STRUCTURE ACCESS ROAD ANSI APPURTENANT STRUCTURE BUILDING COMMON OPEN SPACE DENSITY, GROSS DENSITY, NET DRIVEWAY LOT AREA LOT LINE MOBILE HOME MOBILE HOME DEVELOPMENT MOBILE HOME LOT MOBILE HOME STAND NFPA PRIVATE STREET PUBLIC SYSTEM, WATER OR SEWERAGE RIGHT-OF-WAY SITE SITE PLAN YARDS
Definitions.[1] For the purposes of this section, the terms used herein are defined as follows:
Any area under a roof other than the original factory-built mobile home.
A private street in the MHD other than an individual driveway.
American National Standards Institute.
Any structural addition.
A nonmobile roofed structure erected for permanent use.
Any open space, including specified activities, designed for joint use of tenants occupying the MHD.
The number of mobile home stands per gross acre.
The number of mobile homes per acre after access roads have been subtracted from total acreage.
A minor private way used by vehicles on a mobile home lot.[2]
The total area in the mobile home lot.
A line bounding a mobile home lot as shown on the site plan.
See "manufactured home," as defined in § 200-7.
[Amended 5-26-2010 by L.L. No. 1-2010]
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use.
A parcel of land rented for the exclusive use of the occupants of a mobile home.
The part of a mobile home lot which has been reserved for the placement of the mobile home.
National Fire Protection Association.
A private way or street which affords the principal means of access to abutting mobile home lots and accessory buildings.[3]
A system which is owned and operated by a local government authority or by an established public utility company which is adequately controlled by a government authority. Such systems are usually existing, servicing a municipality or district established and controlled by the laws of New York State.
The area, either public or private, over which the right of passage exists.[4]
A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.
A diagram which shows graphically how the parcel of land devoted to a MHD is to be used.
The area on the same lot with a mobile home between the lot line and the front, rear or side of the mobile home stand. This includes areas which must remain clear of all structures such as enclosed porches, garages or other appurtenances.
[2]
Editor's Note: The former definitions of "dwelling unit" and "easement," which immediately followed this definition, were repealed 5-26-2010 by L.L. No. 1-2010.
[3]
Editor’s Note: The former definition of "property line," which immediately followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[4]
Editor's Note: The former definitions of "shall" and "should," which immediately followed this definition, were repealed 5-26-2010 by L.L. No. 1-2010.
D.
Location of mobile homes; ownership of development; public and private utilities; location of MHD's.
(1)
A mobile home shall be permitted only in an approved mobile home development. Such MHD shall be under the control of a single owner, partnership or corporation. All streets, garbage collection, snow removal, horticultural work and utilities within the MHD shall be privately constructed, owned and maintained.
(2)
All MHD improvements such as roads, waterlines, sewer lines and drainage systems shall be constructed and inspected in accordance with the Town specifications that apply to all subdivisions and/or as determined or ordered by the department head or officer in charge of said improvement. The operation of garbage incinerators shall be prohibited.
(3)
Location in certain zoning districts. MHD's are allowed in the MHR-5 District only.
F.
Construction and appearance standards.
(1)
No mobile home shall be installed or occupied unless installation and mobile home construction meet the current minimum standards as set forth in NFPA or ANSI standards for mobile homes. Each mobile home must be certified to comply with these requirements in writing before occupancy.
(2)
The MHD owner shall provide and maintain a healthy, safe, clean and sightly environment at all times in such MHD.
(3)
There shall be a minimum of 700 square feet of livable floor space for one or two mobile home occupants and an additional 150 square feet of livable floor space for each occupant over two.
G.
Space to be reserved for recreational uses.
(1)
A minimum of 2,400 square feet per mobile home lot shall be set aside for common open space or recreational uses as enumerated specifically or in general context below:
(2)
In computing the above open space area, the area required for the individual mobile home lot (4,800 square feet) or the area devoted to access road pavement shall not be computed as open space. Thus, a mobile home park site for 50 mobile homes would require:
50 x 4,800 square feet = | 240,000 square feet | ||
50 x 2,400 square feet = | 120,000 square feet | ||
360,000 square feet or 8.26+ acres plus that area devoted to paved access roads | |||
(3)
The site plan shall make every effort to distribute open space throughout the MHD in such a manner as to make it adjacent or within close proximity to all dwelling units. [One-third (1/3) of a rectangular site at one end devoted to open space would not normally meet this requirement.] Linear-shaped open spaces which extend informally through the residential development are usually most desirable.
H.
Minimum lot size. The minimum lot size shall be 40 feet in width and the total area not less than 4,800 square feet. (The forty-foot width may be reduced by 50% at the minimum setback line for pie-shaped lots of culs-de-sac.)
I.
Yards.
(1)
Minimum setback from front lot line: 30 feet.
(2)
Side yards: total of both yards, 14 feet, one at eight feet and one at six feet.
[Amended 7-17-1991 by L.L. No. 12-1991]
(3)
Rear yard: 10 feet minimum.
(4)
No mobile home shall be closer than 50 feet to any property line boundary of the MHD.
(5)
No mobile home shall be closer to an adjacent mobile home than 14 feet, including the accessory structures.
[Amended 7-17-1991 by L.L. No. 12-1991]
J.
Streets.
(1)
Relationship to public streets.
(a)
Mobile homes shall not front on a public street but shall be provided with frontage on the private access roads within the MHD.
(b)
A screen of foliage or decorative fence, or combination of both, shall be provided so that the mobile homes are not visible from public roads. Trees must grow to a height of five feet within three years.
(c)
A setback of 300 feet from a public road is required for each mobile home lot.
(2)
Access to public streets. Access to public streets shall be approved as to design by the appropriate state, county or Town officials as required. At least two such means of access shall be provided, separated by at least 150 feet curb to curb. Access to an MHD shall not be through an established subdivision.
(3)
Private street layout. The private street layout shall provide convenient circulation by means of loops and cul-de-sac streets. Maximum length of cul-de-sac (dead-end) streets shall be 750 feet, the closed end of which shall have a paved turnaround of a minimum of 60 feet in diameter. A turn radius shall be 30 feet.
(4)
(5)
Street grades. Slopes on all streets shall be sufficient to ensure adequate surface drainage but should not exceed 10% in any case.
K.
Sidewalks. Concrete sidewalks shall be required along streets or roadways which have mobile home lots fronting on them. The sidewalks shall be a minimum of three feet wide and four inches thick with a four-inch slag, crushed stone, run-of-bank gravel or washed stone base.
L.
Intersections. Intersections shall be generally at right angles. Offset intersections of less than 125 feet between center lines should be avoided.
M.
Skirting. Skirting of approved design and materials as recommended by the manufacturers shall be installed as protection against the weather, rodents and termites. Composition building board and raw wood shall not be used as skirting unless finished with a weatherproof and termite-proof material.
N.
Mobile home stands and driveways.
(1)
Concrete piers shall be placed on each side and corner at a maximum distance of 10 feet. Piers shall be a minimum of three feet in depth. In addition, anchor connections shall be made available at each corner of the mobile home stand which will withstand a minimum load of 4,800 pounds or as specified in Standards for Mobile Homes for Northern Snow Belt which bears the approval of the current American National Standards Institute A 119.1 and the National Fire Protection Association 501.B, whichever is greater. Pier area shall be filled and covered with three inches of run-of-bank gravel or equivalent. Each stand shall provide a slab of a minimum size of 12 feet by 30 feet for a patio, with four inches of concrete over six inches of washed stone or slag.
(2)
A paved driveway shall be required.
O.
Parking spaces. For each mobile home stand in the development there shall be provided two parking spaces (10 feet by 20 feet), apart from common service roads. Parking may be in tandem for the same mobile home but shall in no case be closer to the edge of access road pavement than 10 feet.
P.
Accessory structures. Such storage building or buildings shall comply with the local building code for permanent structures and shall be not less than seven feet wide.
[Amended 10-2-1996 by L.L. No. 10-1996]
Q.
Utilities and services.
(1)
Water. The source shall be the local public water authority. The local distribution system, including fire hydrants and connections, shall be as approved by the authorized Town officer or inspector. One or more master water meters shall be installed by the MHD owner per Town specifications.
(2)
Sanitary sewers. The MHD shall be connected into a public sewer district with adequate capacity to accommodate the total proposed mobile homes or by other Erie County approved means.
(3)
Other service connections, such as electricity, telephone or gas, shall be in accordance with local codes and practice for standard residential buildings. All such services shall be underground. No television or like antennas shall be installed on or near mobile homes. The owner may install one community antenna.
R.
Site plans.
(1)
Site plan required. No mobile home park shall be constructed, expanded or occupied after the effective date of this chapter unless recommendation of a site plan has been received from the Planning Board, and no certificate of occupancy shall be issued for a mobile home except in accordance with the site plan as filed, amended and approved by the Town Board.
(2)
Preliminary site plan. In order that general requirements and objectives may be discussed before extensive drawings have been prepared and engineering accomplished, the petitioner for a permit to construct and operate a MHD may submit a preliminary site plan to the Town Board with a request for conditional approval of the street, lot and open space arrangements. Data regarding the site must be in sufficient detail and accuracy to allow the Town to determine that the layout plan, as submitted, can be constructed. Preliminary data may be required at this time on any of the items listed as requirements under "site plan - final" as a prerequisite to conditional approval.
(3)
Final site plan. This document shall bear the seal of a licensed professional engineer, architect or landscape architect and shall be submitted in five sets at a scale not smaller than one inch equals 50 feet. The site plan shall include the following:
(a)
Key map showing location and approximate boundaries of tract in town.
(b)
Tract boundaries accurately plotted, including any related easements.
(c)
Streets on or adjacent to the tract, with names, pavement and right-of-way widths and pertinent elevations of such items as curbs, culverts, walks, etc.
(d)
Utilities on and/or adjacent to the tract shall be located along with size and type. If water mains and sewers are not on or adjacent to the site, the direction and distance to the nearest ones shall be indicated. Invert elevations of existing or proposed sewers shall be shown at all manholes.
(e)
A plan for disposal of surface water shall be prepared. Such plan shall be of sufficient scope and detail to assure the local authorities that the MHD will be free from flooding and that the surface water from the MHD site will not cause flooding in adjacent areas.
(f)
The layout plan for the MHD shall show pavement type, depth and width. Such dimensions as size of lot, setback from street and cul-de-sac diameters shall be dimensioned. A system of numbering lots and/or blocks by appropriate letters and numbers shall be indicated.
(g)
Areas for the storage and pickup of garbage and trash shall be related to the access streets and shown on the site plan.
(h)
Existing trees shall be preserved wherever possible, and the final plan shall include a planting plan for trees and appropriate shrubs so that the proposed development will, in fact as well as name, have a park-like appearance.
(i)
Copies of rules and regulations and/or association agreements to be established to control safe, healthy, orderly developments.
(j)
A plan for recreational facilities included in the MHD shall be provided.
(k)
A stipulation as to number of mobile home lots which are to be developed shall be noted on a final site plan.
S.
Licenses.
(1)
License required. It shall be prohibited for any person to establish, expand, maintain or operate a MHD within the Town without first having secured a license therefor. Issuance of said license shall be dependent upon site plan approval by the Town Board after a public hearing in accordance with § 276 of the Town Law for subdivision plats and otherwise complete compliance with the provisions of this section. Such license shall expire on December 31 following the date of issuance and may be renewed, subject to the provisions of this section, for periods of one year each.
(2)
Application for license or renewal. The application for a MHD license or renewal thereof shall be filed with the Town Clerk and shall show such information as may be required by the Town Board. The original application or any renewal following a change in the original site plan shall be accompanied by three copies of a site plan as specified under Subsection R of this section and any other information necessary to establish compliance with this section. Each MHD license renewal shall be approved by the Town Board and accompanied by a sworn statement of record or log of the size of each mobile home and length of time each mobile home was parked in said MHD for the last twelve-month period.
(3)
Approval procedure. Upon receipt of the original application, the Town Board shall refer the application to the Town Planning Board for its study and recommendation. Following the public hearing and a recommendation of the Planning Board, the enforcement officer for the Town shall determine if all other provisions of this section have been met. If such a determination is made, the Town Board shall approve or disapprove and, if approved, direct the Town Clerk to issue a license.
T.
Fees.
(1)
Fees for original development. An original minimum fee as per the fee amounts in Chapter 106, Fees, shall entitle the applicant to establish or maintain not more than 50 mobile home lots. An additional fee as per the fee amounts in Chapter 106, Fees, shall be paid for each additional mobile home lot in excess of that 50, whenever said lot is established. A use permit for each mobile home in the MHD shall be obtained from the Building Inspector for an additional fee as per the fee amounts in Chapter 106, Fees.
[Amended 10-2-1996 by L.L. No. 10-1996]
(2)
Renewal fees. There shall be a fee for the annual renewal of a license for a mobile home development which shall be established by resolution of the Town Board and paid to the Town Clerk on or before January 15 of each year.
[Amended 7-17-1991 by L.L. No. 12-1991]
U.
Inspection. The Building Inspector and/or any authorized officer shall from time to time inspect and examine or cause to be examined any MHD for the purpose of ascertaining whether all provisions of this section and the laws of Erie County are being complied with.
V.
Revocation or suspension. The Building Inspector or any authorized official of the Town may, at any time, recommend the revocation or suspension of any MHD license issued pursuant to this section, stating the grounds upon which such recommendation is made. The Town Board may, after a hearing, revoke or suspend such license by written notice, stating provisions of this section or any other ordinance of the Town being violated. Refusal by any MHD operator to allow any authorized official to inspect such premises shall be sufficient reason of violation for revocation or suspension of the MHD license.
W.
Penalties for offenses. Any violation of this section will be declared an offense thereof, punishable by a fine not to exceed $250 or imprisonment for a period not to exceed six months, or both, upon written notice by any authorized Town officer of a violation of this section. Ten days shall be granted for the MHD operator to comply. Each additional week of continued violation shall constitute a separate additional violation and shall be punishable as herein provided. In addition, the Town of Evans may institute any appropriate actions or proceedings to prevent, correct or restrain any violation of this section.
[Amended 7-17-1991 by L.L. No. 12-1991]
X.
Conflicts with other requirements. In their interpretation and application, the provisions of this section shall be considered to be minimum requirements to promote and protect the public health, safety, comfort, convenience, prosperity and other aspects of general welfare. Whenever any provision of this section is in conflict with any other provision hereof or any other statute, local ordinance or regulation covering any of the same subject matter, the most restrictive or the one imposing the highest standard shall govern.
§ 200-16 Auxiliary housing units.
[Amended 5-17-2000 by L.L. No. 5-2000; 5-15-2013 by L.L. No. 4-2013]
The following provisions apply to auxiliary housing units:
A.
A special use permit shall be required. The permit shall be issued by the Board of Appeals only after a public hearing advertised in the manner required by § 267 of the Town Law.
B.
An auxiliary housing unit may be included within a single-family detached dwelling to accommodate not more than two members of the family otherwise occupying the dwelling. At least one member of the persons housed in the auxiliary housing unit must be at least 60 years of age or handicapped or otherwise incapacitated to the extent that independent housing is not practical.
C.
The auxiliary housing shall not exceed 500 square feet of the space within the principal dwelling unit feet.
D.
The permit for an auxiliary housing unit shall be valid for a period not exceeding two years. Thereafter, it can be renewed, from time to time, for additional two-year periods upon proof satisfactory to the Board of Appeals that the circumstances warranting the original permit continue to exist.
§ 200-16.1 Bed-and-breakfast establishments and tourist homes.
[Added 5-17-2000 by L.L. No. 5-2000]
The following provisions shall apply to bed-and-breakfast establishments and tourist homes referred to in this chapter:
A.
A special use permit shall be required for the operation of any bed-and-breakfast establishments and tourist homes.
B.
No special use permit for a bed-and-breakfast establishment or tourist home shall be authorized unless the applicant's project meets the requirements of § 200-45, Subsection C, of the Town Code and also the following:
(1)
The applicant shall be the owner and full-time resident of the premises, and the bed-and-breakfast or tourist home use shall be subordinate and incidental to the residential use of the structure.
(2)
No external modifications of the structure shall be allowed in conjunction with the creation of a bed-and-breakfast or tourist home use, and no visible evidence of the conduct of the establishment, other than the posting of one sign, in accordance with § 200-29 of this chapter, shall be present.
(3)
All guestrooms shall be contained within the principal structure and limited to the first and second stories of said structure.
(4)
The length of stay at a bed-and-breakfast or tourist home establishment shall not exceed five days per stay.
(5)
Guestroom living quarters shall not constitute a separate dwelling unit and shall not be leased or rented as such.
(6)
The number of guestrooms for transient lodgers shall not exceed five, nor be less than three, to accommodate not more than 10 lodgers at any one time.
(8)
The architectural integrity and arrangement of interior spaces must be maintained and the number of guestrooms shall not be increased, except as required to meet health, safety and sanitation requirements.
(9)
Sanitary facilities shall be provided on each floor that contains sleeping accommodations and shall be accessible from any sleeping room without requiring passage through any other sleeping room.
(10)
The serving of meals on the premises shall be limited to breakfast for lodgers only; no cooking or cooking facilities, and no consumption of meals, shall be permitted in individual guestrooms.
(11)
Communal space utilized for dining purposes must contain a minimum of 100 square feet of floor area.
(12)
Hard-wired smoke detectors, carbon monoxide detectors and heat detecting systems shall be installed in each guestroom and in adjacent hallways and corridors on each floor. Under certain circumstances, residential sprinkler systems or exterior stairways may be required in conformance with the New York State Uniform Fire Prevention and Building Code. All emergency exits shall be obvious and clearly identified, and a firesafety notice indicating emergency procedures shall be affixed to the occupied side of the entrance door to each guestroom.
(13)
Outside activities shall not be permitted by guests where they will create a nuisance or in any way alter the character of the neighborhood.
(14)
All off-street parking shall be regulated in accordance with § 200-27 of this chapter. Parking areas for four or more vehicles may require adequate screening from adjacent residential uses, if deemed necessary by the Planning Board.
(15)
A certificate of compliance shall be issued by the Building Inspector only after it has been determined that the structure meets all of the requirements of the New York State Uniform Fire Prevention and Building Code and after the special permit has been issued by the Town Board.
§ 200-17 Provisions applicable to all residential districts.
[Amended 10-2-1996 by L.L. No. 10-1996; 7-7-1999 by L.L. No. 4-1999; 11-1-2006 by L.L. No. 10-2006; 5-26-2010 by L.L. No. 1-2010; 7-16-2014 by L.L. No. 3-2014; 8-6-2025 by L.L. No. 4-2025]
The following provisions apply to all residential districts, unless otherwise indicated:
A.
Supplemental yard regulations.
(1)
Front yards of partially built-up blocks. Where 50% or more of the aggregate street frontage on one side of a street between two successive intersecting streets is occupied by buildings, the minimum front yard of a lot to be developed shall be the average setback distance of existing residence buildings located on either side.
(2)
Building on existing lots of record. Where a building already exists in the R-1, R1-L and R-2 districts, the required front yard setback shall be at the existing building line and no building shall be closer to the front lot line.
(3)
Side yards on corner lots. The shorter line abutting a street on a corner lot is the front lot line. The width of the side yard on the street shall be not less than the front yard, and the interior side yard shall comply with the minimum regulations for the district.
(4)
Yards for accessory structures and uses in the R-1, R-1-L and R-2 Districts. No accessory building shall project into a required front yard. An accessory building may project into a side yard to the extent permitted in the district.
(a)
Accessory structures must be located on the same lot as the primary dwelling shall not exceed more than 900 square feet; if any lot exceeds 2.5 acres, the limit shall increase to 1,200 square feet in floor area.
(b)
The use of any accessory structure must be considered incidental to and associated with the principal dwelling.
(c)
If any accessory structure is attached to the principal dwelling in a substantial manner, such as by a roof, such accessory structure shall normally be considered as a part of the principal dwelling.
(d)
No accessory structure shall project into a required front ward. any such structure shall comply with all setbacks of the zoning district.
(e)
A storage container, or any factory-built container or part thereof designed or used for freight or storage, shall not exist as an accessory structure for more than a year.
(5)
Exterior heating or air-conditioning structures. In AOS, R-A, R-R, R-1, R-1-L and R-2 Districts, nonportable exterior heating or air-conditioning structures shall not be located within five feet of any lot line.
B.
Principal structure permitted on lots in AOS, R-A, R-R, R-1, R-1-L and R-2 Districts. There shall be no more than one principal structure permitted on a lot in the AOS, R-A, R-R, R-1, R-1-L and R-2 Districts, unless approved under Chapter 178, Subdivision of Land, or as provided in § 200-8.1B(1)(l).
C.
Swimming pools.
(1)
Limits on maximum lot coverage shall apply to aboveground private swimming pools only if the land area covered exceeds 80 square feet. In no event shall any private pool occupy more than 10% of the lot.
(2)
No swimming pool, described as any pool capable of having a water depth exceeding 24 inches, shall be installed unless there shall be erected and maintained a fence of such construction that there shall be no access except through the gate having a minimum height of four feet and a maximum height of six feet and so constructed as to not shut off light or air to any buildings, and such fence shall completely surround the area of the swimming pool but shall be not less than four feet from any edge of the swimming pool or placed on the lot line, and any gate shall be self-closing and locked while the premises are not under the direct supervision of an adult. All latching and locking devices shall be a minimum of four feet above the base of the fence. The wall of a dwelling and/or its accessory buildings may act as an integral part of the fence, except that any openings or doors, etc., shall be kept locked also while the premises are unsupervised by an adult.
(3)
No swimming pool, as described in Subsection C(2), all of which is above ground, shall be installed or maintained unless either:
(a)
The ladder, stair or other access to the pool is capable of being removed by the owner thereof. The word "removed," as used here, in addition to its usual and customary meaning, shall mean raising and locking the ladder, stair or other access in a position where the bottom thereof is at least as high as the top of the pool; or
(b)
The ladder, stair or other access is completely enclosed by a fence, the minimum height of which shall be equal to the height of the pool, except that in no event shall the fence be higher than six feet. Any gate in the fence shall be closed and locked when the pool is not being supervised by the owner thereof.
(4)
No person shall discharge or cause to be discharged any water from a garden hose, swimming pool, sump pump, or roof gutter over a public sidewalk or a public street or onto any private property in violation of Health Department Rules.
D.
Commercial and/or unlicensed vehicles in residential districts. No parking, principal garaging or open storage of any commercial vehicle, as defined in Subsection D(1), shall be permitted in residential districts, except that one commercial vehicle, the rated capacity of which shall not exceed 3/4 ton, shall be permitted only if housed within a completely enclosed building.
(1) BOAT CAMPER CAMPER TRAILER COMMERCIAL VEHICLE RECREATIONAL VEHICLE TRAILER
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Any vessel capable of transport by water.
A compact, temporary living unit which sets in the bed of a pickup truck.
Any structure which is mounted or designed for mounting on wheels and which includes accommodations designed for sleeping or living purposes for one or more persons and is designed to be towed behind a motor vehicle.
A pickup truck, van or other vehicle with a license plate and/or registration which designates that vehicle as being commercially licensed.
Any motorized vehicle which may include accommodations designed for sleeping or living purposes for one or more persons.
Any structure or vehicle which is mounted or designed for mounting on wheels and designed to be towed behind a motor vehicle.
(2)
One structure or vehicle as defined in Subsection D(1) may be parked on a driveway in the required front yard of any residence district, provided that:
(b)
It shall not be parked or stored within 10 feet of the front lot line.
(c)
It shall not be parked or stored within five feet of any side lot line.
(d)
If the stored or parked height exceeds eight feet, the vehicle or structure shall be parked or stored in the rear yard or housed within a completely enclosed building.
E.
Design regulations: churches, synagogues and other places of public worship and related activities.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 200 feet.
(3)
Minimum yards for structures and parking, loading and stacking areas:
Yard | Structures (feet) | Parking, Loading and Stacking Area (feet) |
|---|---|---|
Front, from right-of-way of a dedicated street | 50 | 15* |
Side, abutting a residential district | 25 | 25* |
Rear, abutting a residential district | 50 | 25* |
Side and rear, abutting a nonresidential district | 15 | 15* |
*NOTE: Entire area must be landscaped. |
(4)
Maximum lot coverage by structure: 25%.
(5)
Maximum structure height (excluding bell spire): 35 feet.
(6)
Boundary treatment. Fences, walls or plantings or other screening materials shall be required to provide visual screening between adjacent structures and uses and parking or other areas or uses on the parcel.
F.
Home occupation. A special use permit shall be required. The permit shall be issued by the Town Board only after a public hearing, advertised in the manner required by Town Law, and upon the following findings and conditions with respect to the health, safety and welfare of the surrounding community:
(1)
Only persons residing on the premises shall be engaged in such an occupation.
(2)
The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. The area devoted to the home occupation shall not exceed 25% of the ground-floor area of the principal structure. It may be within the principal or accessory structure.
(3)
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.
(4)
No equipment or process shall be used which creates any noise, vibration, glare, fumes, odors or electrical interference perceptible to the normal senses off the lot.
G.
Office of resident professional. A special use permit shall be required. The permit shall be issued by the Town Board only after a public hearing, advertised in the manner required by § 274-b of the Town Law, and upon the following findings and conditions:
(1)
The resident professional office shall be clearly incidental and subordinate to the use of the premises for residential purposes.
(2)
The area devoted to the resident professional office shall not exceed 25% of the ground-floor area of the principal structure.
(3)
The resident professional may have only one employee, assistant or associate.
(4)
Off-street or other available legal parking spaces shall be provided in addition to driveways and any private garage or parking area according to the profession involved and the requirements of § 200-27 of this chapter. The location thereof shall be determined by the Town Board. The location thereof shall be that which has the least negative impact on adjacent properties. Screening of the parking by fences, vegetation or other appropriate material shall be provided so as to assure privacy for adjacent land uses, with visual, noise and air quality factors considered.
(5)
One unlighted sign of not more than two square feet in size identifying the resident and the profession shall be permitted.
(6)
The Town Board may establish additional conditions and restrictions as it deems necessary to protect the general health, welfare and safety, including, without limitation, those regulating the days and hours when the profession may be conducted.
H.
Interpretation of attached dwelling unit lot requirements in the MFR-3 and MFR-4 Districts. In the MFR-3 and MFR-4 Districts, each attached dwelling unit within a structure which meets the requirements for the district shall also be deemed to meet the requirements if it is located upon a lot meeting the applicable density or dwelling unit minimum land area requirement. The dwelling unit may include an interest in common lands.
I.
Permitted locations for parcels abutting navigable waterways. Parcels abutting a navigable waterway which is coincident with the rear lot line may build the principal or auxiliary structure to within 10 feet of the rear line regardless of the district requirements. This provision shall be permitted only if the parcels on either side of the subject parcel are vacant or the parcels are of such size or configuration that the placement of a new structure will not unduly obstruct the view toward the navigable waterway from the adjacent principal structures. Fences which obstruct the view from the principal structure shall not be permitted on a line with the rear building lines of adjacent principal structures.
J.
Boat ramps and boathouses. Boat ramps and boathouses shall be permitted along the shoreline of navigable waterways after obtaining the necessary New York State Department of Environmental Conservation and Town building permits.
K.
Lighting. Lighting facilities shall be arranged so that adjoining properties and streets are protected from glare and hazardous interference of any kind. In no instance shall lighting standards exceed 10 feet in height.