Gates City Zoning Code
ARTICLE IX
Building Regulations
§ 190-37 Conformity with regulations.
No building shall be erected, altered or moved into or within this Town except in conformity with all of the regulations pertaining to such structure and pertaining to the district within which such structure is located or is to be located. Nor shall any such building be erected, altered or moved into or within this Town without having been issued previously a building permit authorizing such erection, alteration or movement.
§ 190-38 Site plan approval; compliance with requirements.
No building permit shall be issued for structures other than one- or two-family dwellings, their customary accessory structures and common farm-related structures, such as barns, sheds, fences and silos, unless a site plan showing compliance with all requirements of this chapter has been reviewed by the Planning Board, in accordance with Article XXXIII of this chapter, along with any additional requirements presented by the Planning Board to promote the health, safety and general welfare of the Town of Gates, or a finding by the Code Enforcement Officer that the alteration or moving of a structure will permit compliance with all such ordinances and regulations; provided, however, that nothing in this section shall prevent the issuance of a building permit for a variance duly granted by the Board of Appeals.
§ 190-39 Building limitations.
A.
No building or other structure shall hereafter be erected or altered to exceed the height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; and to have narrower or smaller rear yards, side yards or other open spaces than herein required.
B.
Except as provided otherwise elsewhere in this chapter, no land shall be used for the storage, collection or accumulation of used lumber and other used materials or for the dumping or disposal of scrap iron, junk, garbage, rubbish or other refuse or ashes, slag or other industrial wastes or by-products shall not be permitted in any district; nor shall any use or building be in any other way contrary to the provisions of this chapter.
§ 190-40 Lot area and width exceptions for existing small lots.
A.
The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing area or width requirements, provided that dwellings are a permitted use in the district in which such lot is located.
B.
Vacant land or subdivision lots in the same record ownership at the effective date hereof or on the effective date of any amendment hereto, increasing width requirements, having in the aggregate a continuous frontage resulting in a total lot width of more than 150 feet and less than 200 feet in an R-1-15 District, of more than 120 feet and less than 150 feet in an R-1-11 District or of more than 100 feet but less than 120 feet in an R-1-8 or less restrictive district, may be divided into two lots of equal width so far as width requirements are concerned, and such requirements shall be waived as in Subsection A above. (For subdivisions filed in the Monroe County Clerk's office prior to the effective date hereof, see § 265-a of the Town Law.)