Horse Heads City Zoning Code
ARTICLE XVII
Supplementary Lot Regulations
§ 245-90 Existing lots.
Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot of less than the required area for a single-family residence in any district, provided that all other provisions of this chapter are complied with, when such lot, at the time of the passage of this chapter, was held under separate ownership or lesseeship from the adjoining lots.
§ 245-91 Front yard exceptions.
Other provisions of this chapter notwithstanding, no building in any district need have a front yard greater in depth than the average depth of the front yards of the lots next thereto on either side, a vacant lot or a lot with a front yard greater than the minimum required depth being counted as if it were the minimum front yard for the district in which it is located, but in no case shall the front yard in any residence district be less than 10 feet in depth.
§ 245-92 Side yard exceptions.
Other provisions of this chapter notwithstanding, in the case of a side yard abutting a street, this side yard need not be greater than the average depth of the front yard of the lots on the same side of the street, but in no case shall the side yard in any residence district be less than six feet in depth.
§ 245-93 Transition yard requirements.
A.
When a residence district abuts a nonresidence district on a street line, there shall be provided in the nonresidence 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 residence district.
B.
Where the side or rear yard in a residence district abuts a side or rear yard in a nonresidence district, there shall be provided along such abutting line or lines a side or rear yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting rear yard be less than 20 feet.
§ 245-94 Yards abutting a street line.
In each case where a yard abuts a street line, such yard shall be considered to be a front yard for the purposes of this chapter and shall fulfill all of the requirements of a front yard in the zoning district in which it is situated.
§ 245-95 Porches, entryways and decks.
[Amended 3-11-2004 by L.L. No. 4-2004]
A.
In determining the percentage of lot coverage, compliance with the minimum yard requirements, or the size of yards for the purposes of this chapter, porches and decks on the side of a residence shall be considered part of the building.
B.
Notwithstanding the above, in determining the percentage of lot coverage, compliance with the minimum yard requirements, or the size of yards for the purposes of this chapter, the following structures shall not be considered a part of the building if such structures comply with the following applicable requirements:
(1)
Unenclosed, one-story covered entryways onto the front or rear door of a residence, and decks on the front of a residence.
(a)
Height: Such structure shall not exceed three feet in height above the highest point of any connecting roofline (the ridge).
(b)
Depth: Such covered entryway or deck shall not extend outward more than six feet from the affected entry.
(c)
Length: Such entryway or deck shall not extend beyond the corners of the front or front line of the residence.
[Amended 8-14-2005 by L.L. No. 5-2005]
(d)
Such entryway or deck must be kept open on all sides, excepting sides attached to the adjoining structure, and shall not be enclosed at any time, excepting only by railings or a gate.
(e)
Such an entryway or deck is permitted by this section only if the residence would have a front or rear yard depth of at least 20 feet when taking the entryway or deck into consideration as part of the building.
(f)
Such entryway or deck shall require the issuance of a building permit prior to construction.
§ 245-96 Fences and walls.
The provisions of this chapter shall apply to fences, hedges or walls not over six feet high above the natural grade, except that any fence, hedge or wall located within the front yard setback, as listed in the zoning district regulations of this chapter, shall not exceed three feet high above the natural grade. Fences shall be placed such that the unfinished or post-side of the fence faces to the interior of the property of the person(s) erecting the fence and the finished or smooth side faces outward toward adjoining properties.
§ 245-97 Corner visibility.
In any residence district, no structure, fence or planting over three feet in height shall be maintained on any corner lot within the triangular area formed by the lot lines along the streets to the points on such lines a distance of 30 feet from their intersection and a line connecting such points.
§ 245-98 Projections in yards.
Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for vegetation and the ordinary projections of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such projection may extend more than two feet into any required yard. Bays, including their cornices and eaves, may extend not more than two feet into any required yard, provided that the sum of such projections on any wall shall not exceed 1/3 the length of such wall. An open fire balcony or fire escape may extend not more than four feet into any required yard.
§ 245-99 Changes of size and shape of lots.
Whenever a lot upon which stands a building or structure is changed in size or shape so that the area or yard requirements of this chapter are no longer complied with, except when such change is the result of a taking of land for a public purpose, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with these requirements.
§ 245-100 Multiple buildings on one lot.
When there is more than one principal building on a lot in any district, the space between such buildings shall be no less than the sum of the side yards required or the sum of the rear and front yards, as the case may be.
§ 245-101 Stripping of topsoil.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
§ 245-102 Abandoned cellar holes.
Within one year after work on an excavation for a building has begun or within one year after a building has been destroyed or demolished, such excavation or cellar hole remaining shall be covered over or filled to the normal grade by the owner.
§ 245-103 Access to business or manufacturing use.
No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residence district for the servicing of a business or manufacturing use located in a business or manufacturing district.
§ 245-104 Parking in front yards.
Parking in front yards, or any yard equivalent for the purposes of this chapter, is prohibited, except in an established driveway.
§ 245-105 Height regulations.
A.
General application. No building or structure shall have a greater number of stories nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter.
B.
Permitted exceptions to height regulations. Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, grain elevators, steeples, water towers, ornamental towers or spires, communications, radio or television towers or necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter-adopted ordinances of the Village of Horseheads, provided that no tower other than a church spire or tower of a public building shall exceed the height regulations by more than 40%. No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitations.
§ 245-106 Yard regulations for accessory structures.
A.
Unattached accessory structure in R- Districts. Accessory structures which are not attached to a principal structure may be erected in accordance with the following requirements:
(1)
An accessory building not exceeding 12 feet in height may occupy not more than 30% of a required rear yard.
(2)
No accessory structure shall be located within six feet of side or rear lot lines.
(3)
No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which such accessory structure may be located.
(4)
For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.
(5)
No more than one accessory building, in addition to a detached private garage, shall be permitted on a lot in a residential district.
B.
Attached accessory structures in R Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
C.
Accessory structures in other than R-Districts. Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be no closer to any rear property line than 10 feet.
§ 245-107 Landscaping regulations.
A.
Unenclosed uses.
(1)
Any approved unenclosed use as may be required by this chapter to be landscaped in accordance with this subsection shall provide a fence, screen or landscaping sufficient to obscure such use from view from abutting properties lying in residential districts or from a public right-of-way.
(2)
Plans and site design for the installation of required fences or landscaping shall be reviewed by the Planning Board prior to the issuance of a building permit for such uses as are required by this chapter to be provided with such fences or landscaping.
B.
Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or to replace dead or deceased landscaping shall be considered a violation of this chapter.
§ 245-108 Residential driveways.
A.
No person, owner of real property situated in a residential district, or contractor shall install a driveway without first applying for and obtaining a permit.
B.
No curb cuts or openings onto a roadway shall be made for any driveway opening without first being reviewed by the Code Enforcement Officer and approved by the Director of Public Works.
C.
The maximum number of driveway openings shall be one per single-family dwelling on a lot.
D.
No driveway opening shall be closer than fifty feet to the intersection of any public roads.
E.
The angle of a driveway opening with a public road shall be as close to 90º as is practicable.
F.
The maximum width of a driveway opening shall be 20 feet, and the minimum driveway opening width shall be 10 feet.
G.
The sizes and slopes of driveway storm drains and culverts within the street right-of-way shall be specified by the Director of Public Works. The owner shall bear all costs for pipe, grating, paving, drains, culverts, and other construction materials required within the Village right-of-way.
H.
No driveway opening shall be allowed where the sight distance, in feet, in both directions is less than ten times the posted speed limit, in miles per hour. In the event that road frontage of the property specified on the application is situated such that no driveway opening may be constructed with the full maximum sight distance in both directions as required herein, the Director of Public Works may require the driveway opening to be located to allow for maximum sight distances in both directions.
I.
The owner or occupant of real property shall trim brush and maintain the property in such a way as to maintain optimal sight distances.
J.
Parking shall be permitted only in approved driveway, carport, or garage areas.
K.
Driveways which cross sidewalk areas must provide for sidewalk sections that adjoin and are of matching material to those on either side of the driveway.
L.
Driveways shall be maintained in a manner that precludes deterioration or the creation of a safety hazard.
M.
Driveways may be constructed of gravel, concrete, blacktop, masonry pavers, or other similar materials intended for such use, as approved by the Director of Public Works.