Marilla City Zoning Code
ARTICLE IV
Permitted Modifications
§ 700-13 Zone lot regulations.
A.
Existing zone lots of record.
(1)
A nonconforming zone lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width. No lot or lots shall hereafter be reduced so as to create one or more nonconforming lots. A nonconforming lot shall not be further reduced in size.
(2)
A permit for the use of preexisting lots which are less than 1/2 of an acre in area and less than 100 feet in width may only be issued following the approval of a variance by the Board of Appeals.
§ 700-14 Height regulations.
A.
The height limitations of this chapter shall not apply to church spires, belfries, domes, silos and other buildings not used for human occupancy.
B.
Telecommunications facilities shall conform to the provisions of Chapter 657, Telecommunications Facilities, of the Code of the Town of Marilla. Television, telecommunications and radio antennas not subject to the provisions of Chapter 657 may not exceed a height of 65 feet from ground level, whether attached to a roof or freestanding. Such television, telecommunications and radio antennas shall comply with all Town, county, state and federal regulations pertaining thereto and shall be limited to amateur, citizens and citizen defense radio.
[Amended 12-14-2006 by L.L. No. 2-2006]
C.
Chimneys, ventilators, skylights, water tanks and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitation of this chapter by not more than 30 feet.
D.
The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornament which may extend above the height limits of this chapter by up to five feet.
E.
Public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side and rear yard setbacks are increased by two feet for each one foot of such additional height up to a maximum height of 50 feet, and provided that on-site fire-protection facilities approved by the local fire company are installed.
§ 700-15 Yard regulations.
A.
In the case of nonconforming lots which comply with the provisions of § 700-13, the side yard requirements for principal structures, as per Article VIII, shall be reduced to 15 feet for those lots having at least 125 feet of frontage and 10 feet for those lots having less than 125 feet of frontage.
[Amended 1-10-2019 by L.L. No. 1-2019]
B.
In residential districts where the frontage on the same side of the street within 500 feet of the subject property is 50% or more developed, the required front yard setback from the right-of-way for a new structure may be modified to the average for such existing development.
§ 700-16 Projections into required yards.
Certain architectural features may project into required yards as follows:
A.
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.
B.
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
C.
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding three feet, provided that such features do not occupy in the aggregate more than 1/3 of the length of the building wall on which they are located.
D.
Patios may be located in side and rear yards, provided that they are not closer than 10 feet to any adjacent property line.