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Newfane Town City Zoning Code

ARTICLE V

Agricultural and Residence District Regulations

§ 270-5.1 General.

[Amended 5-26-1999]
Within any Agricultural, Residence or Community Facility District, a building, structure or lot shall only be used for one of the uses indicated in § 270-5.2, the Table of Use Regulations, for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of the § 270-5.3, the Table of Dimensional Regulations. In addition, such use shall comply with all other applicable provisions of this chapter.

§ 270-5.2 Table of Use Regulations: Agricultural/Residential Districts; Community Facility District.

Table 5.2 Agricultural/Residential Districts
Table of Use Regulations
AR
Agricultural/Residential District
P
Permitted Use
RR
Rural Residential District
SE
Special Exception Use
R-1
Single Family Residential District
X
Prohibited Use
R-2
Multi-family Residential District
MHP
Mobile Home Park District
Use Classifications
Agricultural Districts
Residential Districts
AR
RR
R-1
R-2
MHP
A.
Residential uses.
1.
One-family dwelling
P
P
P
P
X
2.
Two-family dwelling
X
X
P
P
X
3.
Conversion - one-family to two-family (minimum 500 square feet)
SE
SE
X
P
X
4.
Multifamily dwelling
X
X
X
P
X
5.
Planned residential development (PRD) - singles, doubles, townhouses and multiples
X
SE
X
P
X
6.
Mobile home park (public sewer required)
X
X
X
X
P
7.
Recreational vehicle park, campgrounds and cabins (seasonal only)
X
SE
X
X
SE
8.
Assisted-living residence
X
SE
SE
P
X
9.
Cluster development
SE
P
P
P
X
10.
Townhouse development
X
X
X
P
X
B.
Business Uses
1.
Agriculture, excluding animal husbandry
P
P
X
X
X
2.
Animal husbandry, stables, riding academy or kennel
P
SE
X
X
X
3.
Funeral home, mortuary
X
SE
SE
SE
X
4.
Greenhouse, plant nursery
P
SE
X
X
X
5.
Office and exam facilities for medical professional
X
SE
SE
P
X
6.
Veterinarian, animal hospital or clinic*
P
SE
X
X
SE
7.
Marine business
X
X
X
SE
X
8.
Storage building or multi-unit facility for small business, vehicle, residential or personal use (excluding warehousing, industrial or agricultural storage)
SE
SE
X
X
SE
9.
Professional, small business or branch office providing administrative services limited to interior operations that require light customer and vehicle access (banking, financial, legal, insurance, real estate, utility or similar uses)
X
SE
X
X
X
C.
Industrial Uses.
1.
Mining, quarries, clay, sand and gravel excavation
SE
X
X
X
X
2.
Sawmill, lumber or wood processing facility
SE
X
X
X
X
3.
Dairy
P
SE
X
X
X
4.
Fruit storage, packing or processing facility
SE
SE
X
X
X
5.
Agricultural co-op or agribusiness
SE
X
X
X
X
D.
Accessory Uses.
1.
Accommodations, rooming and boarding in a one- or two-family detached, owner-occupied dwelling as an integral part of the dwelling (no separate entrance, kitchen, isolation; adequate off-street parking)
No more than 2 persons
P
P
P
P
X
3 or 4 persons
SE
SE
SE
SE
X
2.
Usual and customary accessory structure or use (clearly subordinate to the principal structure)
P
P
P
SE
P
3.
Home occupation
P
P
X
X
X
4.
Resident professional office
X
SE
X
P
X
5.
Home-based business
SE
SE
X
X
X
6.
Agricultural seasonal housing*
P
SE
X
X
SE
7.
Traveler's lodging in a one- or two-family detached, owner-occupied dwelling
SE
SE
X
P
X
8.
Auxiliary housing
SE
SE
X
X
X
9.
Garage, carport, off-street parking (Article X)
P
P
P
P
P
10.
Produce sales (subject to Article 9-13)
P
SE
X
X
X
11.
Signs pursuant to Article XI
P
P
P
P
P
12.
Ponds and excavations: at least 50 feet from any property line; minimum 5-acre lot required*
P
P
SE
SE
SE
13.
Airstrip or aviation use
SE
X
X
X
X
14.
Communications antenna, dish or tower detached from the primary residence or structure or using a separate foundation and support apparatus; amateur antenna up to 100 feet in height exempted
SE
SE
X
SE
X
Notes:
*
Site plan review and permit required.
Table 5.2 Community Facility District
Table of Use Regulations
CF
Community Facility District
P
Permitted Use
SE
Special Exception Use
X
Prohibited Use
Use Classifications
Community Facility District
A.
Community Facilities.
P
1.
Church or place of worship
P
2.
Nursery school or day-care center
P
3.
Park, playground or recreation area (public)*
P
4.
Community recreation area (private)
SE
5.
Public library, museum, community center, fire or emergency services and government office building
SE
6.
Public and private schools*
P
7.
Cemetery or mausoleum
P
8.
College, university or educational institute (sewer required)
SE
9.
Golf, country or athletic club
P
10.
Hospital, medical center, health treatment and health maintenance clinic, laboratory, medical testing and technical service facilities, including auxiliary services and functions*
SE
11.
Membership clubs - office, meeting and organizational uses, excluding banquet, restaurant, and hall rental facilities*
SE
12.
Nursing home, hospice and health-care facilities
P
13.
Public utility, treatment facilities, lines and rights-of-way and support facilities, including water, sanitary sewer, gas, communications and electrical services
P
B.
Accessory Uses.
1.
Bus shelter or transportation access structure
P
2.
Structures and uses ancillary to any principal use
P
Notes:
*
Site plan review required.

§ 270-5.3 Table of Dimensional Regulations: Agricultural/Residential Districts; Community Facility District.

Table 5.3 Agricultural/Residential Districts
Table of Dimensional Regulations
Area:
Square Feet
Depth/Width/Height:
Feet
Setbacks:
Feet
Regulation Category
AR
RR
R-1
R-2
MHP
1.
Lot Area - Minimum*
80,000
40,000
20,000
10,000
200,000
2.
Lot Area - Per Dwelling (minimum)
80,000
40,000
20,000
5,000
4,000
3.
Lot Coverage - Percent of total lot area occupied by all principal and accessory buildings
10
30
35
40
25
4.
Lot Depth - Minimum
400
250
200
125
100
5.
Lot Width - Minimum
200
150
100
80
40
6.
Corner Lot Width - Minimum
250
200
100
80
50
7.
Structure Height - Maximum
35
35
35
45
25
Maximum Accessory Building Height***
35
35
22
22
25
8.
Yard Setbacks - Minimums
Front**
75
60
50
40
30
Side - Each/Combined
20
10
10
10/25
5/15
Side - Abutting side street on a corner lot
45
45
30
20
Rear
60
50
50
30
20
Notes:
*
Where public sewer is not available, no development is permitted when there is insufficient capacity for a private sanitary waste disposal system, as determined by the Niagara County Health Department.
**
Setback line as measured from the right-of-way line of the road or street.
***
By Town Board approval February 25, 2004; public hearing January 28, 2004.
Table 5.3 Community Facility District
Table of Dimensional Regulations
Area:
Square Feet
Depth/Width/Height:
Feet
Setbacks:
Feet
Regulation Category
CF
1.
Lot Area - Minimum*
Adequate as required for primary and accessory structures
2.
Lot Area - Per Dwelling (minimum)
20,000
3.
Lot Coverage - Percent of total lot area occupied by all principal and accessory buildings
40
4.
Lot Depth - Minimum
200
5.
Lot Width - Minimum
100
6.
Corner Lot Width - Minimum
150
7.
Structure Height - Maximum
65
8.
Yard Setbacks - Minimums
Front**
50
Side - Each, abutting a residential district
25
Side - Each, abutting a nonresidential district
15
Rear
50
Notes:
*
Where public sewer is not available, no development is permitted when there is insufficient capacity for a private sanitary waste disposal system, as determined by the Niagara County Health Department.
**
Setback line as measured from the right-of-way line of the road or street.