North East Township Erie County
City Zoning Code
City Zoning Code
ARTICLE IV
Lot and Yard Requirements
§ 350-15 Lot and Yard Requirements Tables.
Minimum area, lot and yard sizes and maximum height and coverage figures are designated for each district in the following tables.[1] Additional requirements which apply to various portions of the table are in parentheses in the table and described in § 350-16.
[1]
Editor's Note: The Lot and Yard Requirements Tables are included as attachments to this chapter.
§ 350-16 Application of lot and yard requirements.
A.
The term “available community facilities” within the attached tables refer to either: The use of the public municipal water distribution system and/or sewage collection system; or the use of a private (common) water supply system and/or sewage disposal system conforming to the requirements of the Erie County Health Department which serves three or more detached buildings of similar use.
B.
The term “same” within the attached tables states that the requirement is the same as the one above it, regardless of the increase in available community facilities.
C.
Each single-family or two-family dwelling shall be placed on an individual lot of record per building.
D.
When utilizing the minimum lot widths in the table, the corresponding minimum lot depths shall be as follows. In general, no lot shall have a greater width to depth ratio than one to four. Minimum lot widths must be met at the road and the minimum front yard distance.
Minimum Lot Width (feet) | Approximate Corresponding Lot Depth (feet) | Lot Area |
|---|---|---|
175 | 500 | 2 acres |
150 | 435 | 1.5 acres |
125 | 350 | 1 acre |
110 | 275 | 30,000 sq. ft. |
95 | 210 | 20,000 sq. ft. |
80 | 190 | 15,000 sq. ft. |
75 | 100 | 7,500 sq. ft. |
50 | 100 | 5,000 sq. ft. |
E.
When utilizing the minimum lot depths in the table, the corresponding lot width, in general, should be no greater than the depth.
F.
Each buildable lot shall front on a public or private road right-of-way. A zoning permit shall not be issued for any building on a lot which does not front on a road right-of-way, except for existing lots of record having a separate tax identification number and which have a recorded easement or right-of-way providing access to a road right-of-way.
G.
For those lots where the edge of the road right-of-way line cannot be specifically determined, the front yard setback line shall be a minimum of 75 feet from the center of the road.
H.
In the Existing Cottage Development Area where the road right-of-way may be less than 50 feet wide, the front yard setback requirement may be reduced at the discretion of the Zoning Officer. Also, where a number of existing residential dwellings are located on adjacent lots within 150 feet in either direction of a proposed residential dwelling in the Existing Cottage Development Area, the proposed dwelling or structure setback may conform with the average setbacks of the preexisting residential dwellings at the discretion of the Zoning Officer.
I.
Corner lots.
(1)
On a corner lot, there shall be a front yard setback requirement for each lot line fronting on a road right-of-way. There shall be a 10% increase in the lot area per dwelling unit, the minimum lot area, and the width and depth requirements for each district for a corner lot
(2)
On a corner lot in any district, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, be placed or maintained at a height of more than three feet above the crown of the road within a triangle formed by the right-of-way lines and a straight line joining said lines at points 25 feet from their point of intersection, excluding barbed-wire and single-strand electric fences.
K.
Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or conducted closer to any lot line in any of the residential districts than the distance specified in the following schedule:
Use | Minimum Side or Year Yard (feet) |
|---|---|
Off-street parking spaces and access drive for nonresidential uses | 20 |
All other nonresidential uses or structures | 40 |
L.
Height measurement and exceptions in all districts:
(1)
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
(2)
The maximum height limitation of this chapter shall not apply to flagpoles, church poles or spires, belfries, domes or similar projections not used for human occupancy; to chimneys, ventilators, skylights, bulkheads, antennas and other necessary apparatus usually carried on or above the roof level of buildings; and to separate public utility facility structures.
(3)
Building height for dwellings in excess of the height above average ground level permitted in any district shall not be exceeded.
(4)
Building height for structures other than dwellings in excess of the height above average ground level permitted in any district shall be a conditional use which may or may not be approved after consideration of the Planning Commission and the Board of Supervisors.
M.
Multiple dwellings shall comply with the following lot and yard requirements:
(5)
All multiple-family dwellings shall comply with the following requirements:
(a)
All access roadways, driveways and parking areas shall be paved. Access roadways shall be a minimum of 20 feet in width excepting one-way access roadways, which shall be a minimum of 15 feet in width.
(b)
All buildings constructed so as to face a side yard shall be set back a minimum of 35 feet from the property line.
(c)
All buildings shall be set back a minimum of 25 feet from all access roadways.
(d)
All access roadways and parking areas shall be set back from all property lines not less than 10 feet and suitable plantings or fencing shall be erected and maintained so as to shield adjacent properties from noise and glare from headlights or other lighting sources.