Springville City Zoning Code
ARTICLE VI
Supplemental Use and Dimensional Regulations
§ 200-10 Placement of accessory buildings and uses.
Placement of accessory buildings and uses, including garages and off-street parking and truck loading spaces, shall be as follows in the districts as indicated:
A.
In all districts.
(1)
Accessory buildings, including garages:
[Amended 11-17-2003 by L.L. No. 11-2003]
(a)
If detached from a main building or if connected only by an open breezeway-type structure, an accessory building shall be not less than 10 feet from the main building unless the accessory building has a floor area that is 32 square feet or less.
(b)
An accessory building not for use as habitable space with a floor area of 32 square feet or less and not more than eight feet in height does not require a permit.
(c)
An accessory building not for use as habitable space having a floor area greater than 32 square feet and less than 144 square feet and not more than 12 feet in height requires a permit application showing all materials, dimensions and location but may be exempted from other documentary and construction requirements of the New York State Building Code in the reasonable discretion of the Code Enforcement Officer.
(d)
An accessory building with a floor area of 144 square feet or more, or a height of more than 12 feet, shall be subject to all the requirements of the New York State Building Code.
(2)
A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall not be placed within a required front yard nor within a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(6)
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 100 feet of any lot line.
(7)
The storage, sale or abandonment of wastepaper, rags, scrap metal or discarded materials or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a junkyard, which is a prohibited use and a violation of this chapter; provided, however, that the storage of agricultural equipment, machinery and vehicles which are used on the premises or are intended for use on the premises shall not, for the purposes of this chapter, constitute a junkyard.
(8)
A building basement or a garage or other nonresidential accessory space shall not be used for dwelling purposes unless approved by the Erie County Board of Health; provided, however, that no such approved use shall exceed one year in duration and then only when it is related to the construction of a main dwelling on the site. The Board of Appeals may grant not more than a one-year extension of such temporary dwelling use in accordance with Article XI.
(9)
Abandoned vehicles.
[Amended 1-2-1990 by L.L. No. 3-1990; 12-1-1997 by L.L. No. 6-1997]
(a)
Purpose. The seriousness of the matter of the outdoor storage of abandoned, junked, discarded and unlicensed, unregistered and/or uninspected motor vehicles upon privately owned property within the Village of Springville increases with the passage of time. It is a source of vexation and annoyance, not only to the members of the traveling public, but to the owners and occupants of adjoining and nearby lands. The outdoor storage of such vehicles is unsightly. It constitutes an attractive nuisance to children and a peril to their safety, in case of fire and explosion, whenever gasoline and other flammables are left in these vehicles. These vehicles depreciate the value of neighboring properties. The preservation of peace and good order, the benefit of trade, the preservation of public health, the protection of property and property values and the prevention and extinguishment of fires and explosions compel the Board of Trustees of the Village of Springville to legislate upon this subject matter. It is hereby declared that the adoption of this section has for its purpose the effective termination of such obnoxious procedure.
(b)
Prohibitions. No motor vehicle or combination of motor vehicles, including motorcycles, motor scooters, snowmobiles, cars, trucks, buses or any other type of motor vehicle, or part or parts thereof, requiring a New York State license, registration and inspection for the lawful operation on a public highway, without such a correct and current license registration and inspection shall be parked or stored in the open on any lot or lots in the Village of Springville in excess of 20 days, either consecutively or in combination thereof, in any three-hundred-sixty-five-day period; provided, however, that any improperly licensed, uninspected and/or unregistered motor vehicle parked and/or stored on any lot in the Village of Springville for less than 20 days in any three-hundred-sixty-five-day period shall not be permitted closer to the street than the front of any permanent dwelling or other structure on said lot; and provided, further, that this prohibition shall not apply to a motor vehicle that is part of the normal inventory of any business lawfully conducted on a lot which is currently zoned for such use.
B.
In residence districts.
(2)
Accessory buildings or structures may be located in the minimum required rear yard, provided that such building or structure shall not exceed 20 feet in height and, further, that it be set back from any side or rear lot line the following minimum distances:
[Amended 4-28-2003 by L.L. No. 3-2003]
(4)
Accessory storage of Classes I and II flammable liquids shall be limited to underground storage of a capacity not exceeding 300 gallons, except that as an accessory use on a farm with an area of more than 50 acres, such storage may be above ground and have a capacity not exceeding 2,000 gallons.
(5)
No part of any area in a residential zoning district or a residence in a nonresidential zoning district shall be used for parking and located closer to a street than the minimum front yard setback unless:
[Added 5-4-1987 by L.L. No. 3-1987; amended 12-1-1997 by L.L. No. 6-1997]
(6)
The total area of all detached accessory structures on any single parcel of land in a residential district shall not exceed 300 square feet in area. The area of detached private garages shall not, however, be included in determining the total square footage of detached accessory structures.
[Added 12-1-1997 by L.L. No. 6-1997]
C.
In nonresidence districts.
(1)
Accessory off-street parking areas may be located within required front, side or rear yards except where a transitional yard is required in conformance with § 200-14.
(2)
Accessory storage of Classes I and II flammable liquids in districts where such storage is not a special exception use shall be limited to an underground tank with a capacity not exceeding 12,000 gallons.
§ 200-11 Lot frontage.
In all districts except a B-1 or VI District, the lot frontage at the street line shall be not less than 40 feet.
§ 200-12 Height.
A.
Nothing herein contained shall restrict the height of the following: church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft, transmission line or tower, barns or silos or similar structure.
[Amended 12-1-1997 by L.L. No. 6-1997]
§ 200-13 Yards.
A.
The following accessory structures may be located in any required front or rear yard:
(1)
Awning or movable canopy not exceeding 10 feet in height or an area equivalent to 5% of the required area of the yard in which it is located.
(2)
Open arbor or trellis.
(4)
Unroofed steps, a patio or terrace not higher than one foot above ground level, provided that they shall not extend more than 10 feet into a required front yard or more than four feet into a required side yard.
C.
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Code Enforcement Officer when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
In all residence districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings or 25% of the opposite building frontage across the street is so improved, the front yard shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated in cases where the average alignment of the two nearest buildings within 200 feet on the same side of the street, if twenty-five-percent improved, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the district in which such proposed building is situated. The provisions of this subsection shall not apply to the required side yard on the street side of a building on a corner lot.
§ 200-14 Required transitional yards and screening.
In order to assure an orderly and compatible relationship between residence districts and nonresidence districts along their common boundary lines, the following requirements shall be met along such boundaries:
A.
Minimum required transitional side and rear yards within nonresidence districts adjoining residence districts shall be 30 feet.
B.
In a B-1 or VI District, the minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines.
C.
In a CIP District, the minimum required screening within a required transitional side or rear yard shall be an eight-foot-high, six-foot-wide protective planting strip in accordance with specifications established by the municipality and guaranteed by a maintenance bond.
[Amended 5-4-1987 by L.L. No. 3-1987]
D.
Buffer, screening and landscaping requirements in HC-O, O-O Districts and R-O Districts.
[Added 5-4-1987 by L.L. No. 3-1987; amended 7-20-2009 by L.L. No. 1-2009]
(1)
Appropriate buffer areas and screening shall be provided to improve the appearance of certain setback and yard areas, including off-street parking and loading areas, and to protect and preserve the appearance, character and value of surrounding neighborhoods.
(2)
Buffers and screens shall consist of suitable landscaping materials, such as but not limited to grass, ground covers, shrubs, vines, hedges and trees; nonliving durable material commonly used in landscaping, such as but not limited to rocks, pebbles, walls or fences, but excluding paving; and earth berms with appropriate ground cover.
(3)
No less than 20% of the lot area for any new residential structure shall be devoted to landscaping and shall be used for no other purpose. Lots with structures proposed for conversion to nonresidential use shall set aside as much lot area as possible for landscaping purposes.
(4)
Landscaping requirements for certain yard areas, off-street parking areas of five or more spaces and off-street loading areas.
(a)
Required landscaping adjacent to public rights-of-way. On the site of a building or open lot use providing an off-street parking area for five or more vehicles or an off-street loading area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, there shall be provided landscaping between such area and such right-of-way as follows:
[1]
A strip of land at least five feet in depth located between the abutting right-of-way and the off-street parking or loading area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for each 50 linear feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking or loading area and shall be planted in a planting area of at least 25 square feet, with a minimum dimension of at least five feet.
[2]
In addition, a hedge, wall, berm or other durable landscape barrier of not less than three feet nor more than four feet in height shall be placed along the perimeter of such landscaped strip. If such durable barrier is of nonliving materials, not less than one shrub or vine shall be planted for each 10 feet of abutting barrier. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.
[3]
The required remainder of the landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving.
[4]
All property, other than the required landscaped strip lying between the right-of-way and off-street parking or loading area, shall be landscaped with grass or other suitable ground cover.
(b)
Perimeter landscaping relating to abutting properties.
[1]
That portion of such area not screened shall be provided with a wall or hedge or other durable landscape barrier not greater than eight feet in height nor less than four feet in height to form a continuous year-round screen between the off-street parking or loading area and such abutting property. Such landscaped area shall be located between the common lot line and the off-street parking or loading area exposed to the abutting property, provided that the purpose of screening off-street parking and loading areas is accomplished. If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than three feet in width.
[2]
In addition, one tree shall be planted for each 75 linear feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking or loading area. Each tree shall be planted in at least 25 square feet of planting area, with a minimum dimension of at least five feet. Each such planting area shall be landscaped with grass, ground cover or other landscaped material, excluding paving, in addition to the required tree.
[3]
The provisions of this subsection shall not be applicable in the following situations:
[a]
Where a proposed parking or loading area abuts an existing hedge, wall or other durable landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection, provided that said existing barrier meets all applicable standards of this chapter and protection against vehicular encroachment is provided for hedges.
[b]
Where the abutting property is used for nonresidential purposes, only the tree provision, with its planting area as prescribed in this subsection, shall be required; however, the number of trees may be reduced to one tree for every 125 linear feet or fraction thereof, but all perimeter requirements shall apply within the front setback area.
§ 200-15 Courts.
A.
In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
B.
In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:
C.
In all districts, the horizontal depth of an outer court shall not exceed 11/2 times its least width.
§ 200-16 Spacing between buildings.
A.
In the layout for development of a group of garden apartment or other buildings on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a ground compound, having a ground coverage equal to that of a main building.
§ 200-17 Permitted fences and walls.
B.
In a nonresidence district:
[Amended 12-1-1997 by L.L. No. 6-1997; 5-5-2003 by L.L. No. 5-2003]
C.
The height of a fence or wall shall be measured from the ground level at the base of the fence or wall; except that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and except further that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections A and B.
D.
No fence shall be erected where it shall interfere with the maintenance, construction or reconstruction within the public right-of-way, at the discretion of the Superintendent of Public Works. Where a fence post is constructed on one side of the fence, it shall be on the applicant's side.
[Added 12-1-1997 by L.L. No. 6-1997]
§ 200-18 Corner clearance.
On a corner lot in any district except the B-1 and VI Districts, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet, and no vehicle or object or any other obstruction of a height in excess of two feet shall be parked or placed, and no hedge or shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level or pavement level where there is no curb shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 50 feet from the intersection of such street lines.
§ 200-19 Minimum residential floor area.
A.
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use, which is hereafter erected, shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage area and uninhabitable basement and cellar rooms or areas.
[Amended 11-5-1979 by L.L. No. 11-1979; 5-4-1987 by L.L. No. 3-1987; 12-1-1997 by L.L. No. 6-1997]
Type of Residence Building | Minimum Required Floor Area per Family (square feet) | ||
|---|---|---|---|
One- or two-family detached dwelling, including row or townhouses | 1,000 | ||
Multiple dwelling units | |||
Efficiency apartment | 550 | ||
One-bedroom apartment | 675 | ||
Two-bedroom apartment | 800 | ||
Three-bedroom apartment | 950 | ||
C.
First floor area of a dwelling. The minimum first floor enclosed area of a dwelling, exclusive of a garage or other accessory building, shall be 800 square feet, and its least overall dimension shall be 20 feet.
§ 200-19.1 Private swimming pools.
[Added 4-28-2003 by L.L. No. 4-2003]
A.
Private swimming pools shall be approved specifically with respect to the availability of water supply and the adequacy of wastewater disposal as they affect both the subject lot and the surrounding land use. Public swimming pools shall be subject to the provisions of § 200-70 of Article X of this chapter, entitled Special Exception Uses.
B.
Private swimming pools, their water and electric supply systems and their enclosures shall be constructed, installed and maintained according to the Uniform Fire Prevention and Building Code of New York State.
C.
Private swimming pools shall comply with all setback restrictions and shall be installed in the rear yard of the premises no closer than 10 feet to a dwelling. A private swimming pool shall not be less than 10 feet from the side and/or rear lot line; and on lots less than 50 feet in width at the pool location, the pool shall be located midway between the side lot lines.
§ 200-19.2 Driveways, roadway and access connections.
[Added 10-19-2009 by L.L. No. 3-2009]
Driveways and roadway and access connections shall be subject to and comply with Chapter 150 of the Village Code.