Irondequoit City Zoning Code
ARTICLE IV
R-R, R-1, R-2 and R-3 Residential Districts
§ 235-8 Permitted and conditional uses.
A.
Permitted uses. In R-R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted:
(1)
Single-family dwellings.
(2)
Churches or similar places of worship, parish houses, convents, rectories or parsonages.
(3)
Private, nonprofit, elementary or secondary schools accredited by the New York State Department of Education, public hospitals, public libraries and municipal and special district buildings, provided that no such buildings shall be located within 50 feet of any adjoining lot line.
(4)
Fire stations without club facilities.
(5)
Public parks, playgrounds and trails, and similar public recreational areas.
(6)
Farms, greenhouses, plant nurseries and riding stables lawfully existing on the effective date of this chapter, provided that:
(a)
No new building or structure shall be constructed nor existing buildings or structures enlarged, converted or moved in which horses or other farm animals are kept, unless such building is at least 100 feet from any lot line.
(b)
No storage of manure or other odor- or dust-producing substance shall be permitted within 100 feet of any lot line.
(7)
Home occupations.
(a)
"Home occupation" is defined for the purpose of this section as any activity involving the sale, manufacture or provision of goods and/or services for monetary gain. The home occupation must be incidental and subordinate to the use of the premises as a residential dwelling unit. The home occupation cannot require exterior alteration of the property that changes the residential character of the home or otherwise negatively affects the residential character of the neighborhood.
(b)
Home occupations shall include: general office, business, and professional services (e.g., computer services, doctors, counselors, bookkeeping, etc.); studios/work spaces for crafts, fine arts, cooking, etc.; direct sales product distribution; and individual or small group instruction (e.g., music lessons, etc.).
(c)
Home occupations shall not include the following: retail sales; firewood sales; firearms sales; medical or nursing home facilities; funeral home; restaurant; motel, hotel, rooming house, kennels, animal hospital, mortuary; personal services (e.g., spa, piercing, tattoo, hairdresser); welding; large appliance repair; storage facility; repair, storage and/or painting of motorized vehicles or boats; place of amusement; dance, aerobic exercise, martial art studio; and any use similar to the above.
(d)
The following limits and restrictions apply to permitted home occupations:
[1]
Not more than 25% of the total gross floor area of the primary dwelling unit may be used for a home occupation.
[2]
All home occupations shall be conducted wholly within the primary dwelling unit exclusive of any accessory structures.
[3]
Outside storage and/or display of goods is prohibited. Interior display and/or storage of goods shall not be visible from the outside of the residence.
[4]
No more than one employee in addition to the resident(s) of the dwelling unit.
[5]
No home occupation shall require trash and recyclables pickup in excess of that required normally in single-family dwelling residential areas.
[6]
No signage related to the home occupation shall be displayed on the property.
[7]
The use of noxious, combustible, corrosive, flammable, explosive, radioactive or other materials that would endanger the health and safety of the occupants and the surrounding residents is prohibited. The use shall not produce offensive noise, odors, vibrations, smoke, fumes, heat, or dust detectable to normal sensory perception beyond the premises.
(e)
Application and approval required.
[1]
Owners of home occupations shall submit a completed home occupation application form, with applicable fee, to the Director of Community Development for approval. If the resident is not the property owner, the application must include written and signed permission from the property owner.
[2]
Home occupation approval ceases at the time the property is sold.
[3]
If the application is denied, the owner of a home occupation may appeal the decision of the Director of Community Development to the Zoning Board of Appeals.
B.
Conditional uses.
(1)
In the R-R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted only if a special use permit is granted by the Town Board:
(2)
Review and approval required.
(a)
Application. An application for special use permit shall be submitted to the Town's Department of Community Development and include the required form(s) and supporting document(s) set forth by that Department.
(b)
Town Board review. The Town Board must adopt a resolution acknowledging receipt of the complete application for special use permit. At that time, the public hearing date will be set, and the application will be referred to the Planning Board and any other required agency(ies) for comment on the proposed use.
(c)
Public hearing and decision. Once the public hearing has been conducted and closed, the Board may render its decision.
(d)
Projects requiring site plan approval. Application to the Planning Board for site plan approval will be required for any proposed conditional use that involves the creation of an additional in-law dwelling unit (accessory apartment or detached accessory structure), the construction or installation of a new principal structure, and/or any development classified as an "unlisted" or a "Type I" action under the State Environmental Quality Review Act (SEQRA), in accordance with Article XV of this chapter. For proposed tiny houses, the Planning Board's discretion to establish required setbacks during site plan review and/or the Town Engineer.
§ 235-9 Maximum height.
A single-family dwelling unit shall not exceed the height of a two-story residential building measured from the mean grade at the front setback, not to exceed 30 feet in height as defined in Article II. Permitted nonresidential buildings, as defined in § 235-8A(2), (3) and (4), shall not exceed 65 feet in height.
§ 235-10 Lot coverage.
The area of the principal and accessory buildings on any lot measured horizontally shall not exceed 25% of the area of such lot.
§ 235-11 Lot and bulk requirements.
A.
Minimum lot size. Any new lot created in these districts shall have the following minimum dimensions:
Zoning District | Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Lot Area (square feet) |
|---|---|---|---|
R-1, R-2, R-3 | 80 | 120 | 9,600 |
R-R | 150 | 300 | 45,000 |
B.
Front yard setback.
(1)
In R-1, R-2 and R-3 Districts, the minimum front yard shall be at least 30 feet, and the front building line cannot vary more than five feet from the front building line of properties immediately adjacent.
(a)
For structures that meet the minimum front yard requirements, front and rear building entrance platforms (e.g., porches, decks and stoops) and protective coverings (e.g., awning, porticos, porch roof, etc.) may project into the required front yard setback if the size of the platform or covering is less than 60 square feet and less than six feet in depth. Attached platforms must maintain a twenty-foot setback to front lot line.
(b)
For structures that do not meet the minimum front yard setback requirements, entry platforms and coverings may be up to 20 square feet and four feet in depth.
(2)
In the R-R District, the minimum front setback shall be at least 50 feet and no more than 75 feet.
(3)
The front yard depth of lots located on the inside part of a curve shall be measured from the nearest point of the arc establishing the front line of the lot to the front wall of the main building.
(4)
In the case of a building on a through lot, the minimum front yard depth shall be required on both streets for principal and accessory structures, except for boundary fencing. Proposed boundary fencing on a through lot may be administratively reviewed and approved by the Director of Community Development. As part of the administrative review, the Director will consider unique natural and physical features of the lot and potential impacts to site distance, view sheds and neighborhood character. Front yard fence regulations outlined in § 235-69 shall apply to the yard that provides the lot's primary access to the street.
C.
Side yard setback. The principal building or structure must maintain a minimum side yard setback equal to 10% of the width of the lot, with a minimum of five feet. In the R-1, R-2 and R-3 Districts, the minimum required side setback is capped at 15 feet, and in the R-R Districts, the minimum required side setback is capped at 25 feet.
D.
Rear yard. In the R-1, R-2 and R-3 Districts, there shall be a minimum depth of 30 feet between the rear lot line and the principal structure. In the R-R Districts, the minimum rear yard depth shall be 50 feet. Decks attached to the primary structure shall maintain a minimum setback of 20 feet from the lot line in R-R, R-1, R-2, and R-3.
§ 235-12 Minimum building size.
A.
No residential building, except for an approved tiny house, shall contain a floor area and a ground floor area of less than the following:
Zoning District | Minimum Total Floor Area (square feet) | Minimum Ground Floor Area (square feet) | |
|---|---|---|---|
1-Story Dwelling | 1.5- and 2-Story Dwelling | ||
R-R | 1,300 | 1,300 | 700 |
R-1 | 1,100 | 1,100 | 600 |
R-2 | 900 | 900 | 550 |
R-3 | 750 | 750 | 500 |
B.
In determining such area, the measurements shall be made along the exterior of the main foundation walls of the building and shall only include conditioned interior space. Attached garages, three-season rooms, porches, breezeways or similar are excluded from the calculation.
§ 235-13 Accessory structures.
A.
Accessory structures and uses are permitted only in connection with a principal use lawfully existing and in compliance with all applicable requirements of this section and/or this chapter.
B.
Accessory structures and uses shall include, but are not necessarily limited to, the following: private garages, sheds and storage structures greater than 30 square feet, pergolas, gazebos, private swimming pools, decks, children's playhouses, tennis courts, animal shelters greater than 16 square feet, and other such structures or uses as may be similar in area, extent and purpose.
C.
Accessory structures and uses shall meet all of the following requirements:
(1)
Detached accessory structures and uses shall not be located within the front yard.
(2)
Corner lots. Detached accessory structures installed or constructed on a corner lot shall be located behind the front building line of the principal structure as measured from either street.
(3)
Side and rear setbacks. Detached accessory structures and uses, excluding private garages, shall be located no closer than four feet to the rear or side property lines and no closer than six feet to the principal building.
(4)
Height. Detached accessory structures, excluding private garages, shall not be higher than the principal structure or 12 feet, whichever is less. Bulk requirements for private garages are provided in § 235-13D.
(5)
Accessory structures attached to the principal structure or within six feet of the principal structure, excluding attached decks, shall be considered to be an integral part thereof, and the front, side, and rear setback requirements for the applicable district shall apply.
(6)
Accessory structures and uses shall be included in the calculation of lot coverage.
D.
Private garages. The following regulations apply to private garages:
(1)
Maximum height and ground square footage for private garages.
(a)
In R-1, R-2 and R-3 Districts, the height of any private garage(s) on premises shall not exceed the height of the principal structure or 12 feet, whichever is less. The total ground square footage of the private garage shall not exceed the total floor square footage of the primary structure. Total maximum ground floor square footage shall be 900 square feet, and maximum frontage width shall be 30 feet.
(b)
In R-R Districts, the height of any private garage(s) on premises shall not exceed the height of the principal structure or 15 feet, whichever is less. The total ground square footage of the private garage shall not exceed the total floor square footage of the primary structure. Maximum ground floor square footage shall be 1,500 square feet, and maximum frontage width shall be 30 feet.
(2)
Detached garage setbacks.
(a)
In R-1, R-2 and R-3 Districts, a detached private garage requires a setback of four feet to the rear and side lines of the lot and a setback of eight feet from the residence.
[1]
On a corner lot, the detached garage requires a thirty-foot setback to the side street line. For lots less than 70 feet in width, the detached garage requires a minimum setback of 15 feet from the street side lot line.
(b)
In R-R Districts, a detached private garage shall not be located nearer than 15 feet to the rear or side lines of the lot, nor closer than 25 feet from any building used for residential purposes. If erected on a corner lot, the detached garage shall not be located nearer than 50 feet to the side street line. On through lots in R-R Districts, such garages shall be located no closer than 50 feet to either street or right-of-way line.
(3)
Attached garages shall not protrude more than 10 feet in front of the building line where the home's primary entrance (i.e., front door) is located.
(4)
No business, occupation, service or residence shall be permitted or conducted in a private garage. An attached garage may provide living quarters on the second floor, but not create a second dwelling unit.
(5)
Vehicle repairs or maintenance conducted in a private garage must be performed by the resident(s) of the property and only on vehicle(s) owned or leased by the resident(s) of the premises by a resident of the premises.