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Horseheads Town City Zoning Code

ARTICLE V

Residence AA Zone

§ 204-9 Intent.

The intent and purpose of the Residence AA Zone and the following regulations are to preserve the quality and appearance of established low-density residential neighborhoods and to provide minimum standards to guide the continued development of these neighborhoods in a manner which will be compatible with the character of existing development.

§ 204-10 Permitted uses.

Permitted uses in the Residence AA Zone shall be as follows:
One-family dwellings.
Educational buildings, churches, community buildings and other semipublic structures.
Such accessory uses as are customarily incidental to the above uses.

§ 204-11 Accessory uses.

Accessory uses in the Residence AA Zone shall be as follows:
Living quarters in the principal building or in a private garage for domestic employees of the resident of the principal building.
A temporary building for sales, rental or construction where such building is necessary or incidental to the development of a residential area. After two years, the temporary building shall be removed or brought into compliance.
Satellite dishes or receivers, which shall be located in the rear yard and shall be located not less than 1 1/2 times the height of the structure from the rear and side lot lines.
[Added 10-4-1995 by L.L. No. 5-1995]
Home occupations, which shall be allowed as follows:
[Added 12-14-1994]
The home occupation shall only be allowed upon filing with the Code Enforcement Officer an application, pursuant to and in compliance with this subsection, which shall include:
A copy of the proof of ownership of the dwelling (deed or land contract).
A statement as to the occupation to be conducted.
A diagram of the dwelling unit drawn to scale of one inch to five feet, showing the entire dwelling and the portion to be used for the home occupation.
An initial permit fee in an amount as set forth from time to time by resolution of the Town Board.
[Amended 10-4-1995 by L.L. No. 5-1995]
The person conducting the home occupation shall be required annually, on or before July 1 of each year, to certify to the Code Enforcement Officer the continued conduct of the home occupation, compliance with the terms and condition of this subsection and the payment of a fee in an amount as set forth from time to time by resolution of the Town Board.
[Amended 10-4-1995 by L.L. No. 5-1995]
Hairdresser or cosmetologist, barber, financial consultant, accountant, tutor, artist, author, licensed massage therapist, computer consultant, home secretary, contractor, custom dressmaking or tailoring, desktop publishing, professional office, cruise agent and catalog and mail-order sales.
[Amended 5-10-1995; 8-13-1997]
The occupation must be conducted by the person or persons owning and residing in the dwelling unit and no more than one additional employee, whether employed on site or off site.
There shall be no external evidence of the occupation other than one sign not exceeding four square feet in area, which shall be attached to the dwelling.
A home occupation shall generate no traffic which cannot be accommodated in the existing residential driveway serving the residence and shall produce no noise, smoke, dust, odor, heat, glare or electronic disturbances beyond the property it occupies.
The amount of the entire dwelling that may be used for the conduct of the home occupation shall be no more than 25% or 500 square feet of the living space, whichever is less. For purposes of this subsection, "living space" shall not include the garage, attic or cellar, and such home occupation may not be conducted in such space.
The Code Enforcement Officer shall be required to conduct a biannual inspection of the premises upon which the home occupation is conducted for compliance with this subsection and other rules and regulations, including the New York State Uniform and Fire Prevention and Building Code.
All presently conducted home occupations which have been previously issued a special permit shall be terminated on or before three years from the date a notice to terminate is sent by certified mail, if not otherwise in compliance with this subsection.

§ 204-12 Uses permitted by special permit.

For uses permitted by special permit, see Article XV.

§ 204-13 Density and area requirements.

[Amended 8-11-1982]
The lot area shall be not less than 15,000 square feet, with at least 100 feet of street frontage.
All buildings, including accessory buildings, shall not cover more than 30% of the lot area.

§ 204-14 Yards and landscaping.

Front yard. The depth shall not be less than 40 feet.
Rear yard. The depth shall not be less than 40 feet.
Side yards. The total aggregate width shall be not less than 35 feet with a minimum width of 15 feet in any one yard. Corner lots shall have 40 foot setback from each street.
Not more than two parking spaces in addition to a normal driveway shall be located in any front yard.
All yards shall be appropriately landscaped with trees, shrubs, grass or other forms of ground cover.
An unenclosed, one-story covered entryway or porch on the front of a residence shall not extend greater than eight feet into the front yard from the affected entry and shall not extend, in width, beyond the corners of the front line of the residence. Such entryway or porch shall only be permitted if the remaining unobstructed front yard setback is a minimum of 30 feet.
[Added 8-11-2010 by Res. No. 115-2010]

§ 204-15 Off-street parking.

For off-street parking regulations, see Article XVI.

§ 204-16 Building height and floor area requirements.

Building height. Building heights shall not exceed two stories or 30 feet, whichever is more restrictive.
Building floor area. Notwithstanding the provisions of § 204-8H of this chapter to the contrary, no dwelling in a Residence AA Zone shall be erected or altered so as to provide less than the following: 1,000 square feet of enclosed floor area for a one-story house, and 1,200 square feet of enclosed floor area for a split-level or two-story house. Such area shall not include garage or carport areas.
All accessory buildings shall be located in the rear yard and shall not be less than five feet from any principal structure and not less than five feet from any rear or side property lines.
[Added 10-4-1995 by L.L. No. 5-1995]