Provisions And Exceptions
The regulations set forth in this Chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this Title. (Ord. 73 § 10, 1975)
In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. It is not intended by this Title to interfere with or abrogate or annul any ordinance, rules or regulations previously adopted or issued and not in conflict with any of the provisions of this Title, nor is it intended by this Title to interfere with or abrogate or annul any easements, covenant or other agreements between parties; provided, however, that where this Title imposes a greater restriction upon the use of buildings or land or requires a larger open space, or a lower height of building, or less number of stories than is required in any other ordinance, statute, or regulation, or by easements, covenants or agreements, the provisions of this Title shall govern. (Ord. 73 § 12, 1975)
It shall be the duty of the building inspector to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof. If no building inspector has been appointed, then the Council shall exercise the duties imposed on him by this Chapter. The building inspector is hereby authorized to prosecute or bring any proceedings in a proper court in the name of the Town of Ranchester against any person, firm or corporation violating any of the provisions of this Chapter, and in case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, said building inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, alteration, conversion or use; to restrain, correct or abate such violation and to prevent any illegal conduct or use on or about the premises. No oversight or failure on the part of the building inspector or his authorized assistants or on the part of any official or employee of the Town of Ranchester shall legalize, authorize or excuse the violation of any of the provisions hereof. (Ord. 73 § 12, 1975)
Nothing herein shall prevent the strengthening or restoring to a safe condition of any part of a building or structure declared unsafe by the building inspector. (Ord. 73 § 10, 1975)
Nothing herein shall require any change in the plans, construction or designated use of any building for which a building permit has been issued before the effective date hereof and the construction of which from such plans shall have been begun within 60 days of the date of such permit, and which such entire building shall be complete according to such plans within one year from the effective date hereof. (Ord. 73 § 10, 1975)
Where the boundary line of a district divides a lot in a single or joint ownership of record on the effective date hereof, a use permitted on the less restricted portion of such lot maybe e extended into the more restricted portion for a distance not more than 25 feet beyond the district boundary line. (Ord. 73 § 10, 1975)
(Ord. 264 § 6, 2014; Ord. 73 § 10, 1975)
No building shall be constructed or structurally altered for residential purposes unless the lot upon which it is located has frontage of at least 25 feet on a street or unless such lot has an unobstructed private easement or right-of-way of at least 25 feet width extending to a street. (Ord. 73 § 10, 1975)
A use accessory to a use permitted in a residence district shall be permitted. A store, trade or business shall not be deemed an accessory use, except that the office of a physician, dentist or other professional person may be located in his private residence, and home occupations as defined herein shall be permitted. No accessory building located in the rear of the main building on the same lot shall be used for residence purposes except by a member of the family residing in the main building, or by persons employed on the premises. (Ord. 73 § 10, 1975)
In any residence district a detached private garage or other accessory building shall not be erected on the front one-half of the lot and shall not be nearer the main building than five feet. Such garage shall be set back not less than five feet from an alley from which it has a direct entrance. Such garage or other accessory building shall not be nearer than three feet to the side line of a lot, provided that in the case of a corner lot, such building shall not be nearer the side street than the depth of front yard required on the lot adjoining the corner lot and, in the rear, thereof or separated there from by an alley. (Ord. 73 § 10, 1975)
On through lots the front yard requirements shall apply to both street frontages. (Ord. 73 § 10, 1975)
In any district an accessory building not more than 15 feet in height may occupy not more than 30% of a required rear yard. (Ord. 73 § 10, 1975)
Any lot separately owned and shown of record on the effective date hereof, and having less are than required herein, and where the owner does not own an adjoining land, maybe be occupied by not more than one family; provided, however, that the yard requirements shall not be reduced except by order of the Town Council. (Ord. 264 § 6, 2014; Ord. 73 § 10, 1975)
In any block in a residence district between two intersecting streets where 40% or more of the frontage is improved with dwellings on the effective date hereof and the average depth of the existing front yards of such dwellings is less than the minimum front yard prescribed by other provisions of this Chapter, then the front yard required for buildings hereafter erected shall be not less than such average depth of such existing front yards, but shall be at least ten feet in any case. (Ord. 73 § 10, 1975)
None other than the following signs shall be permitted as an accessory use in any residence district:
An unenclosed one-story porch or terrace may project not more than eight feet into a required front yard, and bay windows and enclosed vestibules may project not more than five feet into a required front yard. An unenclosed one-story porch may extend not more than six feet into a required rear yard. (Ord. 73 § 10, 1975)
Cornices, eaves and chimneys may project not more than 18 inches into a required yard. Steps, open fire escapes, and the ordinary projections of chimneys, belt courses, sills and other ornamental features may project into any yard; provided no fire escape shall be nearer a side lot line than two feet. (Ord. 73 § 10, 1975)
The building height limitations shall not apply to church spires, belfries, domes, cupolas, monuments, water towers, stacks, grain elevators, flag poles, radio towers or airway beacons, nor to any elevator bulkhead, water tank or similar structure extending above the roof and not occupying more than 25% of the roof area. (Ord. 73 § 10, 1975)
A multiple-family dwelling in the R-3 Residence District or districts of lower classification may substitute a court in lieu of the rear yard for the district in which dwelling is located, provided that the area of the court be not less than the area of the required rear yard and provided that the court shall be open for the entire height of the building. (Ord. 73 § 10, 1975)
Whenever off-street parking facilities are required by the provisions of this Title, the number of parking spaces to be provided for each use shall be determined on the basis of the number of parking spaces required for each unit of area or occupancy listed on the following schedule:
| USE | SPACES | UNIT |
| Elementary School | 2 | per classroom |
| Jr. High School | 4 | per classroom |
| High School | 8 | per classroom |
| Churches | 1 | per five seats |
| Home Occupations | 2 | |
| Single Family | 2 | per dwelling unit |
| Two-Family | 2 | per dwelling unit |
| Multiple Family | 1.5 | per dwelling unit |
| Hospitals | 1 | per bed |
| Nursing Homes | 1 | per bed |
| Rest Homes | 1 | per bed |
| Office & Institution | 1 | per 350 sq. ft. floor space |
| Rooming House | 1 | per 3 sleep unit |
| Motels & Hotels | 1 | per sleeping unit |
| Restaurant | 1 | per 2.5 seats |
| Service Stations | 1 | per 50 sq. ft.-Min. 6 |
| Mental & Dental Clinics | 1 | per 100 sq. ft. floor space |
| Automobile Sales, Service Garages | 1 | per 700 sq. ft. floor space |
| Banks, Post Office, business and professional offices | 1 | per 300 sq. ft. floor space |
| Bowling Alleys | 5 | per alley |
| Dance Halls and assembly hall without fixed seats exhibition halls, except church assembly rooms in conjunction with auditorium | 5 | per each 200 sq. ft. used for assembly or dancing |
| Funeral Homes and Mortuaries | 1 | per 80 sq. ft. floor area |
| Furniture and appliance stores, household equipment, or furniture repair shop | 1 | per 500 sq. ft. floor area |
| Personal service establishments | 1 | per 80 sq. ft. floor area |
| Retail stores and shop | 1 | per 200 sq. ft. floor area |
| Sports arena, auditoriums, theaters & assembly halls | 1 | per each 3.5 seats |
| Wholesale establishments | 1 | per 2 employees or per 1000 sq. ft. |
| Commercial & Industrial | 1 | per 1000 sq. ft. of gross floor area |
| Mobile Home Parks | 2 | per trailer |
(Ord. 135 § 7, 1980)
The Town Council may, from time to time, in accordance with the provisions of law, on its own motion or on petition, after recommendation by the planning commission and after a public hearing in relation thereto, amend, supplement, change, modify or repeal the regulations herein and the boundaries of district herein or subsequently established. (Ord. 264 § 6, 2014; Ord. 73 § 15, 1975)
Any person in violation of this Chapter is subject to a misdemeanor charge and shall be punished by a fine not to exceed $750.00. (Ord. 73 § 16, 1975)
Provisions And Exceptions
The regulations set forth in this Chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this Title. (Ord. 73 § 10, 1975)
In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. It is not intended by this Title to interfere with or abrogate or annul any ordinance, rules or regulations previously adopted or issued and not in conflict with any of the provisions of this Title, nor is it intended by this Title to interfere with or abrogate or annul any easements, covenant or other agreements between parties; provided, however, that where this Title imposes a greater restriction upon the use of buildings or land or requires a larger open space, or a lower height of building, or less number of stories than is required in any other ordinance, statute, or regulation, or by easements, covenants or agreements, the provisions of this Title shall govern. (Ord. 73 § 12, 1975)
It shall be the duty of the building inspector to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof. If no building inspector has been appointed, then the Council shall exercise the duties imposed on him by this Chapter. The building inspector is hereby authorized to prosecute or bring any proceedings in a proper court in the name of the Town of Ranchester against any person, firm or corporation violating any of the provisions of this Chapter, and in case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, said building inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, alteration, conversion or use; to restrain, correct or abate such violation and to prevent any illegal conduct or use on or about the premises. No oversight or failure on the part of the building inspector or his authorized assistants or on the part of any official or employee of the Town of Ranchester shall legalize, authorize or excuse the violation of any of the provisions hereof. (Ord. 73 § 12, 1975)
Nothing herein shall prevent the strengthening or restoring to a safe condition of any part of a building or structure declared unsafe by the building inspector. (Ord. 73 § 10, 1975)
Nothing herein shall require any change in the plans, construction or designated use of any building for which a building permit has been issued before the effective date hereof and the construction of which from such plans shall have been begun within 60 days of the date of such permit, and which such entire building shall be complete according to such plans within one year from the effective date hereof. (Ord. 73 § 10, 1975)
Where the boundary line of a district divides a lot in a single or joint ownership of record on the effective date hereof, a use permitted on the less restricted portion of such lot maybe e extended into the more restricted portion for a distance not more than 25 feet beyond the district boundary line. (Ord. 73 § 10, 1975)
(Ord. 264 § 6, 2014; Ord. 73 § 10, 1975)
No building shall be constructed or structurally altered for residential purposes unless the lot upon which it is located has frontage of at least 25 feet on a street or unless such lot has an unobstructed private easement or right-of-way of at least 25 feet width extending to a street. (Ord. 73 § 10, 1975)
A use accessory to a use permitted in a residence district shall be permitted. A store, trade or business shall not be deemed an accessory use, except that the office of a physician, dentist or other professional person may be located in his private residence, and home occupations as defined herein shall be permitted. No accessory building located in the rear of the main building on the same lot shall be used for residence purposes except by a member of the family residing in the main building, or by persons employed on the premises. (Ord. 73 § 10, 1975)
In any residence district a detached private garage or other accessory building shall not be erected on the front one-half of the lot and shall not be nearer the main building than five feet. Such garage shall be set back not less than five feet from an alley from which it has a direct entrance. Such garage or other accessory building shall not be nearer than three feet to the side line of a lot, provided that in the case of a corner lot, such building shall not be nearer the side street than the depth of front yard required on the lot adjoining the corner lot and, in the rear, thereof or separated there from by an alley. (Ord. 73 § 10, 1975)
On through lots the front yard requirements shall apply to both street frontages. (Ord. 73 § 10, 1975)
In any district an accessory building not more than 15 feet in height may occupy not more than 30% of a required rear yard. (Ord. 73 § 10, 1975)
Any lot separately owned and shown of record on the effective date hereof, and having less are than required herein, and where the owner does not own an adjoining land, maybe be occupied by not more than one family; provided, however, that the yard requirements shall not be reduced except by order of the Town Council. (Ord. 264 § 6, 2014; Ord. 73 § 10, 1975)
In any block in a residence district between two intersecting streets where 40% or more of the frontage is improved with dwellings on the effective date hereof and the average depth of the existing front yards of such dwellings is less than the minimum front yard prescribed by other provisions of this Chapter, then the front yard required for buildings hereafter erected shall be not less than such average depth of such existing front yards, but shall be at least ten feet in any case. (Ord. 73 § 10, 1975)
None other than the following signs shall be permitted as an accessory use in any residence district:
An unenclosed one-story porch or terrace may project not more than eight feet into a required front yard, and bay windows and enclosed vestibules may project not more than five feet into a required front yard. An unenclosed one-story porch may extend not more than six feet into a required rear yard. (Ord. 73 § 10, 1975)
Cornices, eaves and chimneys may project not more than 18 inches into a required yard. Steps, open fire escapes, and the ordinary projections of chimneys, belt courses, sills and other ornamental features may project into any yard; provided no fire escape shall be nearer a side lot line than two feet. (Ord. 73 § 10, 1975)
The building height limitations shall not apply to church spires, belfries, domes, cupolas, monuments, water towers, stacks, grain elevators, flag poles, radio towers or airway beacons, nor to any elevator bulkhead, water tank or similar structure extending above the roof and not occupying more than 25% of the roof area. (Ord. 73 § 10, 1975)
A multiple-family dwelling in the R-3 Residence District or districts of lower classification may substitute a court in lieu of the rear yard for the district in which dwelling is located, provided that the area of the court be not less than the area of the required rear yard and provided that the court shall be open for the entire height of the building. (Ord. 73 § 10, 1975)
Whenever off-street parking facilities are required by the provisions of this Title, the number of parking spaces to be provided for each use shall be determined on the basis of the number of parking spaces required for each unit of area or occupancy listed on the following schedule:
| USE | SPACES | UNIT |
| Elementary School | 2 | per classroom |
| Jr. High School | 4 | per classroom |
| High School | 8 | per classroom |
| Churches | 1 | per five seats |
| Home Occupations | 2 | |
| Single Family | 2 | per dwelling unit |
| Two-Family | 2 | per dwelling unit |
| Multiple Family | 1.5 | per dwelling unit |
| Hospitals | 1 | per bed |
| Nursing Homes | 1 | per bed |
| Rest Homes | 1 | per bed |
| Office & Institution | 1 | per 350 sq. ft. floor space |
| Rooming House | 1 | per 3 sleep unit |
| Motels & Hotels | 1 | per sleeping unit |
| Restaurant | 1 | per 2.5 seats |
| Service Stations | 1 | per 50 sq. ft.-Min. 6 |
| Mental & Dental Clinics | 1 | per 100 sq. ft. floor space |
| Automobile Sales, Service Garages | 1 | per 700 sq. ft. floor space |
| Banks, Post Office, business and professional offices | 1 | per 300 sq. ft. floor space |
| Bowling Alleys | 5 | per alley |
| Dance Halls and assembly hall without fixed seats exhibition halls, except church assembly rooms in conjunction with auditorium | 5 | per each 200 sq. ft. used for assembly or dancing |
| Funeral Homes and Mortuaries | 1 | per 80 sq. ft. floor area |
| Furniture and appliance stores, household equipment, or furniture repair shop | 1 | per 500 sq. ft. floor area |
| Personal service establishments | 1 | per 80 sq. ft. floor area |
| Retail stores and shop | 1 | per 200 sq. ft. floor area |
| Sports arena, auditoriums, theaters & assembly halls | 1 | per each 3.5 seats |
| Wholesale establishments | 1 | per 2 employees or per 1000 sq. ft. |
| Commercial & Industrial | 1 | per 1000 sq. ft. of gross floor area |
| Mobile Home Parks | 2 | per trailer |
(Ord. 135 § 7, 1980)
The Town Council may, from time to time, in accordance with the provisions of law, on its own motion or on petition, after recommendation by the planning commission and after a public hearing in relation thereto, amend, supplement, change, modify or repeal the regulations herein and the boundaries of district herein or subsequently established. (Ord. 264 § 6, 2014; Ord. 73 § 15, 1975)
Any person in violation of this Chapter is subject to a misdemeanor charge and shall be punished by a fine not to exceed $750.00. (Ord. 73 § 16, 1975)