Hornell City Zoning Code
ARTICLE III
Residential District Regulations
§ 315-6 Designation of residential districts; permitted uses.
Residential areas shall be designated as R-1, R-2 and R-3.
A.
R-1 District uses shall be as follows:
(1)
Principal buildings and uses: one-family dwelling; private garden; and government use. All one-family dwellings in any district must meet the standards in § 315-14.
(2)
Accessory buildings and uses: recreational uses and private pools; fences and walls; and parking areas for automobiles accessory to one-family dwellings, and home occupations.
B.
R-2 District uses shall be as follows:
(1)
Principal buildings and uses: same as permitted in the R-1 District; bed-and-breakfast; church; cultural facilities; library; day-care home or center; and education use.
(2)
Accessory buildings and uses: the same as permitted in R-1 Districts; the renting of rooms; signs consistent with other sections of this code; and storage garages.
C.
R-3 District uses shall be as follows:
(1)
Principal building and uses: the same as permitted in R-2 Districts; two-family dwellings; multifamily dwellings, including townhouse and apartment; hospital; and parking garage or lot.
(2)
Accessory building and uses: the same as permitted in R-2 Districts; storage garages; and parking areas for automobiles accessory to multifamily dwellings.
§ 315-7 Number and location of buildings permitted on lot.
There will not be more than one one-family or one two-family dwelling permitted on a zoning lot. There may be more than one multifamily building on a zoning lot. In addition, there may be one or more accessory buildings on the same zoning lot with a main building if such accessory buildings are constructed subsequent to the main building in accordance with the regulations for such buildings set forth in this chapter. No one-family or two-family dwelling shall be located to the rear of any building on the same lot or on another lot that does not have the required frontage on a street. A group of multifamily buildings may be arranged in groups and not all directly front on a street.
§ 315-8 Accessory garages and parking facilities.
Private storage garages and open off-street parking areas shall be permitted on a zoning lot in a residential district if accessory to the permitted dwellings on the zoning lot, in accordance with the standards and regulations for such uses set forth in this chapter. Commercial vehicles may not be stored or parked in the front yard. Vehicles requiring a Class B or C license from New York State may not be regularly stored or parked unless visually screened from all public streets and from adjoining residential buildings.
§ 315-9 Renting of rooms.
The renting from a resident family of not more than one room to not more than one person shall be permitted in any residential district.
§ 315-10 Removal of soil.
Soil, sand or gravel shall not be stripped or removed in any residential district except excess soil, sand or gravel resulting from excavations or grading operations in connection with the contraction or alteration of a building for which a permit has been issued.
§ 315-11 Protection of drainagecourses.
No building or structure shall be erected, altered or moved within any area herein described as a drainagecourse. For the purpose of this chapter, a "drainagecourse" shall include any area such as a ditch, drainageway, channel, stream or creek and any area designed or intended for drainage purposes as shown on a recorded subdivision. No filling of land or excavation of land shall be permitted within a drainagecourse or on any lands within 100 feet of the center line of such drainagecourse except upon issuance of a certification by the City Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity or impair the design and character of such drainagecourse.
§ 315-12 Temporary buildings and enclosures.
Temporary structures may be permitted in any residential district if such structures are deemed necessary for construction operations of the dwellings of the area for which a building permit has been issued, provided that:
A.
Such temporary structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building material or workshops for prefabricating building components.
B.
The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, communication interference, electrical disturbance or glare to a greater extent than normal in a residential district that is being developed.
C.
All such temporary structures shall be removed within 30 days after the completion of work on the premises for which a permit has been issued or if construction is not persued diligently.
§ 315-13 Area, yard and height regulations.
Land and buildings in residential districts shall be used and buildings shall be erected, altered and moved only in accordance with the following schedule and regulations.[1]
A.
Lot area. The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as set forth in Schedule IX, multiplied by the number of dwelling units in the building.
B.
Lot width. The width of a zoning lot shall be not less than the width required for the type of dwelling in the district in which the lot is located as set forth in Schedule I[2] and shall be measured at the building line. Each one-family and two-family zoning lot shall abut upon a street for the required lot width, except on curved streets where the width at the front lot line may be less, provided that the lot width at the building line meets the required lot width of the particular district.
[2]
Editor's Note: See Schedule I, Residential Districts Table of Area, Yard and Height Regulations, at the end of this chapter.
C.
Front yards. The front yard depth or setback of a zoning lot shall be not less than the depth set forth in Schedule I[3] for the type of dwelling or other building permitted in the district in which it is located. Where a building line has not been established and where 50% or more of the aggregate street frontage between two successive streets is occupied by buildings of the type and uses permitted in the district before the effective date of this chapter or amendments thereto, the minimum front yard depth for new buildings shall be the average depth of front yards of existing buildings located within 100 feet on either side of a given lot; provided, however, that the depth of the front yard resulting therefrom shall be not less than 1/2 the dimension specified in Schedule I.
[3]
Editor's Note: See Schedule I, Residential Districts Table of Area, Yard and Height Regulations, at the end of this chapter.
D.
Side yards. Two yards shall be provided for every one-family dwelling on a zoning lot. Widths of side yards shall be not less than the respective dimensions set forth in Schedule I.[4] In no case will the distance between one-family dwellings be less than 20 feet in any R-1 Residential District or 12 feet between detached one-family and/or two-family dwellings in any R-2 Residential District. Where a side yard is narrower than required for the district in which the building and lot are located and was owned separately from all other tracts of land on the effective date of this chapter or any amendments thereto and is still so owned, the building may be maintained or altered but shall not be enlarged in width unless both side yards comply with the regulations for such yards set forth in this chapter.
[4]
Editor's Note: See Schedule I, Residential Districts Table of Area, Yard and Height Regulations, at the end of this chapter.
E.
Rear yards. The rear depth of a zoning lot for main buildings shall be not less than the depth set forth in Schedule I[5] for the district in which it is located or not less than 25% of the depth of the lot, whichever is greater.
[5]
Editor's Note: See Schedule I, Residential Districts Table of Area, Yard and Height Regulations, at the end of this chapter.
F.
Corner lots. The front yard depth of a corner lot shall be not less than the required front yard depth from the front lot line, and the width of the side yard on the side street shall be not less than the depth of the front yard required for the adjoining lot which abuts said side streets unless shown otherwise on the Zoning Map.
G.
Required lot area to be maintained. A parcel of land may be subdivided into two or more parcels, provided that all lots resulting from such division conform to all lot area and width regulations of the district in which they are located. A lot of record which conformed to the provisions of this chapter and which was owned separately from adjoining lots on the effective date of this chapter or any amendments thereto shall not be reduced in any manner which would make it nonconforming.
H.
Lots of record of insufficient area. A lot of record which does not comply with the lot area or width regulations of the district in which it is located on the effective date of this chapter or any amendments thereto which made it nonconforming may be used as follows:
(1)
If occupied by a building, such building may be maintained, repaired or altered; provided, however, that the building may not be enlarged in floor area unless the regulations for front, side and rear yards set forth in this chapter are complied with.
(2)
If vacant, the lot may be used, provided that no adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this chapter or any amendments thereto, other vacant land cannot be equitably acquired adjoining the lot and all other regulations of this chapter, except the lot area and width regulation, shall be complied with.
I.
Required yards to be maintained. The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions and shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for the following provisions for accessory buildings and projections into yards:
(1)
Any accessory use permitted in a residential district may occupy a part of the main building, occupy a separate accessory building or constitute an accessory land use. Any accessory building, other than private garages and fences, shall maintain a minimum six-foot setback from all lot lines. An accessory building shall be set back from the side street line not less than required for the adjacent principal building of the abutting lot.
(2)
A projection is that part or feature of a building that extends or projects outside of the enclosing walls. It is intended that certain building features may project into required yards, but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots, as follows:
(a)
A belt course, balcony, cornice, gutter or chimney may project into a front and side yard for a distance of six feet, provided that no part is less than three feet from any side lot line.
(b)
An open platform, landing, steps, terrace or other feature not extending above the first-floor level of a building may extend six feet into a front yard and three feet into a side yard.
(c)
An entrance hood or an open but roofed porch may project six feet into a front yard and three feet into a side yard. An enclosed entry or porch shall not project into any required yard area.
[1]
Editor's Note: See Schedule I, Residential Districts Table of Area, Yard and Height Regulations, at the end of this chapter.
§ 315-14 Additional standards for one-family dwellings and multifamily dwellings.
A.
One-family dwellings. All new one-family dwellings in any district must meet the following:
(1)
Must have at least a 5/12 roof pitch.
(2)
Must be set on a permanent foundation. Full basements shall be of blocks or poured walls, slab shall be with three full blocks exposed, and all crawlspaces must be enclosed with a structural design compatible to the dwelling.
(3)
Electrical hookups must be attached to the house with proper utility company approval.
(4)
The main entrance shall face the street common with the neighborhood character.
(5)
Any single-story dwelling must have a minimum front width of 25 feet.
(6)
Any two-story dwelling must have a minimum front width of 20 feet.
(7)
The net area of living space must be a minimum of 1,000 square feet.
B.
Multifamily dwellings. In order to encourage greater flexibility in design and more attractive arrangement of buildings and greater utilization of open spaces, yard regulations for multifamily dwellings are hereby established for single developments and yard regulations for locating several buildings within a group development. The yard of multifamily buildings shall be related to the space between the buildings as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings from street and off-street parking and recreation areas in accordance with the following regulations:
(1)
Definitions. The terms used in this section are defined as follows:
END OR SECONDARY WALL
Any exterior wall of a multifamily building other than a main wall and containing secondary windows required for ventilation and not intended to provide a direct view.
GROUP DEVELOPMENT
A development of more than one multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.
MAIN WALL
Any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.
OVERLAPPING WALLS
That portion of the exterior walls which is directly opposing when two buildings, parallel or within 30° of being parallel, face each other across an open yard or court.
SINGLE DEVELOPMENT
A development of one multifamily building on one lot coordinated with the surrounding neighborhood and fronting on a street.
(2)
Front yards. The front yard depth or setback for multifamily buildings in single developments or group developments shall be not less than 20 feet, measured from the street line, unless shown otherwise on the Zoning Map
(3)
Distance between facing and overlapping building. In a group development of multifamily buildings, this distance shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula:
Minimum distance | = | LA + LB + HA + HB | ||
|---|---|---|---|---|
F | ||||
The elements of this formula are shown on Figure 1 of this chapter[1] and are defined as follows: | ||||
(a)
MINIMUM DISTANCE — The required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.
(b)
LA — The total length of building A, which, for the purpose of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.
(c)
LB — The total length of building B, which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.
(d)
HA — The height of building A.
(e)
HB — The height of building B.
(f)
F — A divisor of four; provided, however, that the minimum distance between any main wall of any other building shall not be less than 20 feet.
[1]
Editor's Note: Figure 1, Illustrations of Yard Regulations, is included at the end of this chapter.
(4)
Distance in angular arrangements.
(a)
Minimum distances are determined by the formula:
2LB + HA + HB + K | ||
|---|---|---|
F |
(b)
The elements of this formula are defined in Subsection B(3) above and Figure 1 of this chapter.[2] "K" in the formula varies as the sine of 2n, where "n" is the angle from building B to building A or extensions thereof.
Value of "n" (degrees) | Value of "K" (feet) | |
|---|---|---|
30 to 34 | 10 | |
35 to 39 | 20 | |
40 to 50 | 25 | |
51 to 55 | 20 | |
56 to 60 | 10 |
[2]
Editor's Note: Figure 1, Illustrations of Yard Regulations, is included at the end of this chapter.
(5)
Distances between walls of court arrangement. Minimum distances shall be determined by applying the formulas defined in Subsection B(3) and (4) above and Figure 1 of this chapter[3] to each set of facing walls. In arrangements of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by said formulas.
[3]
Editor's Note: Figure 1, Illustrations of Yard Regulations, is included at the end of this chapter.
(6)
Distance between nonoverlapping walls. Where the walls of two buildings do not directly face each other or do not overlap so that lines drawn perpendicular from the face of any wall of any one building will not intersect the face of any wall of another building, the minimum horizontal distance between such buildings shall be not less than 1/2 of the combined height of the two buildings.
(a)
Such minimum distance shall be determined by the formula:
HA + HB | ||
|---|---|---|
2 |
(b)
The elements of this formula are defined in Subsection B(3) above and Figure 1 of this chapter.[4]
[4]
Editor's Note: Figure 1, Illustrations of Yard Regulations, is included at the end of this chapter.
(7)
Distance between building and boundary lines. This distance between a single development or group development and any side or rear lot line of the parcel of a development area shall vary in direct relation to the length and height of the building. Such minimum distance shall be as determined by the formula:
2(LL) +HA | ||
|---|---|---|
4 | ||
The elements of this formula are shown on Figure 1 of this chapter[5] and defined as follows: | ||
(a)
MINIMUM DISTANCE — The minimum required horizontal distance between any wall of a building and the nearest side or rear lot line or boundaries of the parcel or development area.
(b)
LL — The maximum length of the side or rear lot which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the building.
(c)
HA — The height of building A. Where any multifamily development abuts an R-1 and R-2 Residential District, the minimum distance between any side or rear lot line and any main building shall be not less than the height of the main building.
[5]
Editor's Note: Figure 1, Illustrations of Yard Regulations, is included at the end of this chapter.
(8)
Townhouse dimensions. A single townhouse dwelling unit shall be not less than 12 feet in width, and any main or longitudinal wall of a sequence of townhouse dwelling units shall not exceed 80 feet in length without a ninety-degree offset of at least 10 feet; and the aggregate length of any such wall, including its offsets, shall not exceed 170 feet in length.
(9)
Use and design of yards. Required yards shall be landscaped and may be used for pedestrian walks and passive recreation areas, driveways or playgrounds. The distances between buildings shall be increased by the dimensions of such intermediary facilities.
