(a)

Minimum lot area shall be as follows:

(1)

For dwellings and buildings of mixed occupancy:

a.

R-1 single family residence districts: 7,500 square feet per dwelling unit.

b.

In R-2 general residence districts: 4,000 square feet for the first dwelling unit plus 2,000 square feet for each additional dwelling unit.

c.

In all other R districts and all C districts: 6,000 square feet for the first dwelling unit plus 2,500 square feet for each additional dwelling unit.

d.

Attached dwelling units: In all districts, 4,000 square feet.

(2)

For other principal buildings or uses: As regulated by the yard, open space and off-street parking requirements of this chapter.

(b)

For lot area exceptions for existing small lots, see section 82-242(c).

(Code 1989, § 320-26; Res. of 2-4-1997(2); Res. of 5-19-2015, § 127)

(a)

The minimum lot width for dwellings and buildings of mixed occupancy shall be as follows:

(1)

In R-1 single-family residence district: 60 feet.

(2)

In all other R districts and all C districts: 50 feet for the first dwelling unit, plus six feet for each additional dwelling unit.

(3)

Attached dwelling units: In all districts, 35 feet.

(b)

The minimum lot width for other principal buildings or uses shall be as follows: As regulated by the yard, open space and off-street parking requirements of this chapter.

(c)

Lot area and width exceptions for existing small lots are as follows:

(1)

The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record which was owned separately and individually from all other contiguous tracts of land on May 27, 1968, or on the effective date of any subsequent amendment increasing area or width requirements, provided that dwellings are a permitted use in the district in which such lot is located.

(2)

Vacant land or subdivision lots in the same record ownership on May 27, 1968, or on the effective date of any amendment increasing width requirements, having in the aggregate a continuous frontage resulting in a total lot width of 100 feet or more and less then 120 feet, may be divided into two lots of equal width so far as width requirements are concerns, and such requirements shall be waived as provided in subsection (c)(1) of this section for such purpose.

(3)

If the frontage referred to in subsections (c)(1) and (2) of this section shall be contained in two or more districts, the provisions pertaining to the most restrictive district shall apply.

(Code 1989, § 320-27; Res. of 2-4-1997(2); Res. of 5-19-2015, § 127)

(a)

Maximum height. Maximum height of buildings shall be as follows:

(1)

For single- or two-family dwellings: 30 feet.

(2)

For other permitted uses in any R district: As limited by minimum yard requirements. (See sections 82-273 and 82-274.)

(3)

For all buildings in any C or M district: No height regulation, except as limited by the yard and off-street parking requirements.

(b)

Exceptions. The height limitations of this chapter shall not apply to the following:

(1)

Chimneys, flues, spires or belfries.

(2)

Elevator or stair bulkheads, roof water tanks or cooling towers, including enclosures, provided that such structures in the aggregate do not occupy more than ten percent of the roof area.

(3)

Flagpoles, radio or television antennas, masts or aerials, located on a building and extending not more than 20 feet above the roof of such building.

(Code 1989, § 320-31)

(a)

Open off-street parking facilities.

(1)

In any C or M district, open off-street parking may occupy any required yard or exterior side yard except as otherwise provided for visibility and screening and except that it shall not be permitted within ten feet of a street line or ten feet of a lot in any R district; but when such parking is accessory to residential use, it shall be governed by the regulations pertaining to parking in R districts in subsections (a)(2) and (3) of this section.

(2)

In any R district, no open off-street parking shall be permitted in any required front yard or exterior side yard, except in driveways.

(3)

In any R district, no open off-street parking in connection with any principal use other than a dwelling or in connection with any accessory use carried on for gain or profit shall be located in any exterior side yard or within five feet of any side or rear lot line.

(4)

In any R district, new driveways may be created for open off- street parking in any required front yard when the following criteria are met:

a.

A space a minimum of nine-foot wide by 20-foot long can be provided entirely on the property perpendicular to the roadway.

b.

An area of one-third of the lot width, or 20-foot wide, whichever is less including the existing driveway will be paved and used as open off-street parking.

c.

The City of Tonawanda Planning Board has reviewed and approved the proposed parking plan.

(b)

Accessory structures.

(1)

No accessory structure shall be located in a front yard or a required side yard, except that an attached one-story garage not over 12 feet in height may extend into a required side yard or rear yard in the case of a corner lot provided that it shall not be nearer any side or rear lot line than five feet.

(2)

In a C or M district, no processing or storage shall be permitted in any required yard except for gasoline pumps, and no accessory structure shall be located in a required rear yard, except that dwellings shall be governed by R district regulations.

(3)

In any R district, roofed projections or buildings shall not occupy more than 30 percent of a required rear yard of an interior lot or more than 40 percent of a required rear yard of a corner lot.

(4)

In any R district, no part of an accessory structure shall be nearer than two feet to a lot line. When a rear lot line of a corner lot abuts a side lot line of a lot in an R district, no part of an accessory structure shall be nearer than ten feet to such rear lot line.

(5)

In an R district, a detached accessory building shall not be located so that any part thereof is nearer than ten feet to any dwelling or other building, except that a distance separation of five feet will be allowed when all exterior walls of the accessory building have a minimum fire rating of one-half hour and meet all other provisions of this chapter.

(6)

Except for corner visibility provisions (section 82-443), access drives or walks, flagpoles, unenclosed steps or terraces not extending more than one foot above the adjoining finished grade may be located in any required open area, notwithstanding any of the provisions of this section.

(7)

Any private garage or accessory structure located in any R district or on the same lot as a dwelling shall have a height of no greater than 12 feet from finished grade.

(Code 1989, § 320-32; Res. of 2-12-1995; Res. of 6-6-2017, § 144)

Open space between principal buildings on a single lot is required as follows: In any R district, no vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than 30 feet or a distance equal to the average height of such vertical wall measured from the adjoining finished grade, whichever is greater.

(Code 1989, § 320-33(B))

In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation and household service activities.

(Code 1989, § 320-33(C))

When it is necessary to know in which zoning district an abutting property lies in order to determine yard requirements and when such abutting lot is divided so that segments thereof are located in more than one zoning district, it shall be deemed to lie in the zoning district which contains the largest portion of its area having street frontage.

(Code 1989, § 320-33(A))

(a)

Minimum yards. Minimum front yard depth shall be as follows:

(1)

For dwellings: 25 feet.

(2)

For other principal buildings or uses:

a.

In all R districts: 25 feet.

b.

In C-1 and C-M districts: 20 feet, except that where off-street parking is provided in a front yard, the minimum front yard depth shall be 25 feet.

c.

In C-2 districts: No front yard required.

d.

In M-1 districts: 20 feet, except that when buildings in an M-1 district are opposite one or more lots in any R district, a front yard of 50 feet shall be required.

(3)

Attached dwelling units: In all districts, 20 feet.

(b)

Exceptions.

(1)

Conformance with setback of neighboring buildings. A proposed building need not have a deeper front yard than the average of existing buildings within 150 feet of the proposed building on either side thereof. In the absence of an existing building on either side within such distance, there shall be deemed to be such buildings with front yard depths as required in subsection (a) of this section. In an R district, such proposed building shall not have a front yard depth less than such average of such existing buildings, but nothing in this section shall require a front yard depth of more than 50 feet.

(2)

Enclosed entrances. Where a dwelling has an entrance to the exterior, such entrance may be enclosed, provided that the following conditions are met:

a.

The enclosure shall not exceed one story in height and shall not be used for living area.

b.

The enclosure shall be for the protection of the existing entrance.

c.

The existing door must remain, separating the enclosure and the dwelling.

d.

The enclosure shall not project forward beyond the present landing or four feet, whichever is less, and under no circumstances shall it exceed six feet in width.

e.

Any steps leading to the enclosure shall not be extended forward beyond the present setback location.

f.

The original building line shall be used for the purpose of setback requirements.

(3)

Front yard projections.

a.

An open porch or patio may project into a required front yard no more than eight feet but shall not be greater than one-third of the depth of the existing front yard.

b.

A bay or bow window may project not more than two feet into a required front yard.

(Code 1989, § 320-28; Res. of 2-4-1997(2))

(a)

Minimum yards. Minimum side yards shall be as follows:

(1)

For dwellings:

a.

There shall be two side yards for each dwelling or dwelling group.

b.

Any dwelling having a side yard distance of not less than two feet to an interior lot line may extend the existing building line, provided that:

1.

No part of the new construction is within five feet of any other dwelling.

2.

The extension does not exceed in length 50 percent of the depth of the present dwelling.

3.

There is compliance with all other sections of this chapter.

4.

A fireplace or chimney attached to a dwelling may project into any required yard a distance of three feet, provided that the minimum distance to a side or rear lot line is not less than two feet and does not exceed six feet in width.

c.

The aggregate width of the side yards shall be not less than 25 percent of the lot width, but need not exceed 25 feet, except that, when a single-family dwelling has an attached garage, the minimum side yard lines must be at least five feet on each side of the dwelling.

d.

No side yard shall have a width of less than ten percent of the lot width or five feet, whichever is larger, and no side yard need be more than ten feet.

e.

Attached dwelling units:

1.

In all districts, no side yard is required where two dwellings meet on a common line.

2.

Where two or more dwellings are attached, the side yard of each end unit shall be at least five feet.

(2)

For other principal buildings or uses:

a.

In R-1 and R-2 residence districts, each side yard shall be 30 feet or a distance equal to the height of the principal building, whichever is greater.

b.

In an R-C residential-restricted business district, each side yard shall be 15 feet or a distance equal to one-half the height of the principal building, whichever is greater.

c.

In any C district, no side yards are required, except:

1.

Where a side yard is provided, it shall not be less than five feet in width.

2.

Where a side yard abuts a lot in an R district, its width shall be not less than 30 feet or a distance equal to the height of the principal building, whichever is greater.

3.

A side yard used for vehicular ingress or egress shall be not less than 12 feet in width.

4.

A side yard used for vehicular ingress and egress shall be not less than 25 feet in width.

d.

In any M district, each side yard shall be ten feet, except that when a lot in any M district abuts an R district boundary, a side yard of not less than 50 feet shall be provided.

(b)

Corner lots. On a corner lot where a rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall be the same as the front yard requirement along the street on which the exterior side yard abuts.

(Code 1989, § 320-29; Res. of 2-4-1997(2); Res. of 12-4-2012, § 257)

(a)

Minimum yards. Minimum rear yards shall be as follows:

(1)

For dwellings: Equal to 25 percent of the lot depth, but shall not be less than 25 feet.

(2)

For other principal buildings or uses:

a.

In any R district: Equal to 25 percent of the lot depth, but shall not be less than 25 feet or a distance equal to the height of the principal building, whichever is greater.

b.

In any C district: Ten feet, but where the rear yard abuts a lot in an R district, 30 feet or a distance equal to the height of the principal building, whichever is greater.

c.

In any M district: Ten feet, but where the rear yard abuts a lot in an R district, 50 feet.

(3)

Attached dwelling units:

a.

In all districts, 25 feet.

b.

In all districts where at least 15 feet of privately owned common area separates the dwelling lot from any other adjoining lot, this distance may be reduced to ten feet.

(b)

Double frontage lots. On a lot having double frontage where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a double frontage lot where a front yard equivalent is required.

(Code 1989, § 320-30; Res. of 2-4-1997(2))