Fredonia Village City Zoning Code
ARTICLE X
Modifications
§ 575-88 Height.
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
A.
Architectural projections, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.
B.
Special structures, such as elevator penthouses, gas tanks, grain elevators, observation towers, and scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks are exempt from the height limitations of this chapter.
C.
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter, however wireless communication facilities are subject to limited height regulation under § 575-82.
D.
Communications structures, such as radio and television transmission and relay towers, aerials, radio, and television receiving and transmitting antennas shall not exceed in height three times their distance from the nearest lot line.
E.
Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.
F.
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
§ 575-89 Yards.
The yard requirements stipulated elsewhere in this chapter may be modified as follows:
A.
Uncovered stairs, landings as part of a stair system, and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
B.
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard; but such projection shall not exceed two feet.
C.
Off-street parking is permitted in all yards of all districts but shall not be closer than three feet to a side lot line, right-of-way, or rear lot line.
D.
Essential services, utilities, electric power, and communication transmission lines are exempt from the yard and distance requirements of this chapter.
E.
Landscaping and vegetation are exempt from the yard requirements of this chapter.
§ 575-90 Additions.
Additions to the street side of existing structures shall not project beyond the average setback of existing structures on the abutting lots or parcels.
§ 575-91 Average street yards.
The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district, except in the B-1 Central Business District.
§ 575-92 Corner lots.
Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street.
§ 575-93 Existing substandard lots.
A.
A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 6,000 square feet in area, may be used as a single-family building site, provided that the use is permitted in the zoning district, provided that the lot is of record in the County Register of Deeds' office prior to July 17, 2003, and provided that the lot is in separate ownership from abutting lands.
B.
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.
C.
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Zoning Board of Appeals.
§ 575-94 Noise.
Sirens, whistles, and bells, which are maintained and utilized solely to serve a public purpose, are exempt from the sound level standards of this chapter.
§ 575-95 Abutting lots in different zoning districts.
[Added 9-21-2017 by Ord. No. 2017-04]
An owner of a lot sharing a common lot line with a lot in a different zoning district may appeal a building inspector's denial to the Planning Commission as it relates to an accessory structure restriction, structure height restriction or structure setback restriction, if the abutting lot's zoning restrictions would allow for such a structure (principal or accessory). The Planning Commission may grant, in its sole discretion, a building permit if it determines that the structure would be appropriate in the harmonious transition between the two zoning districts. This section shall be narrowly construed in favor of the Village's zoning powers.