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Weedsport Village City Zoning Code

ARTICLE V

Dimensional Requirements

§ 215-16 District regulations.

The regulations for each district pertaining to minimum lot size, minimum lot width, maximum building coverage, minimum front setback, minimum side setback, minimum rear setback and maximum building height shall be specified in this section, subject to the further provisions of this chapter.
Table of dimensional requirements.
Table 2. Village of Weedsport Zoning Dimensional Requirements Table
Key
R = Residential
NC = Neighborhood Commercial
C = Commercial
HC = Historic Commercial
I = Industrial
District
Minimum Lot Size
(square feet)
Minimum Lot Width
(feet)
Minimum Setbacks
Building Height (feet)
Maximum Building Coverage
Front
Side
Rear
R
9,000
90
25
10
25
35
75%
NC
5,000
50
25
10
25
35
75%
C
5,000
50
*
0
12
35
75%
HC
4,000
35
*
0
10
40**
N/A
I
60,000
200
50
50
30
35
75%
NOTES:
*
Minimum front setback in the Historic Commercial and Commercial Zone shall be average depth of the principal buildings immediately adjacent to the lot under development.
**
Maximum building height in the Historic Commercial Zone may exceed 40 feet when an adjacent building has a height greater than 40 feet; however, the maximum height of the building shall not exceed the height of the adjacent building.
Lot area or setbacks required.
The lot or setback areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter (e.g., such as required parking area). No lot shall be so altered that the area of the lot or the dimensions of setbacks or other open spaces are smaller than herein prescribed.
The front setback shall be measured from the street edge of pavement.
Principal buildings on a lot. Only one principal building shall be permitted on any lot.
Accessory structures.
Unattached accessory structures shall be erected only in accordance with the following restrictions:
No accessory structure shall be located closer than five feet to the side and rear lot lines.
No accessory structure shall be located closer to the street than the street wall of the principal building.
The height of an unattached accessory structure shall not exceed 20 feet from the peak of the structure to the highest point on the ground on the side nearest the street.
An unattached accessory structure shall not be a building, structure, or other assemblage of materials designed for, or customarily used as, a principal structure allowed under this chapter.
The combined coverage of all accessory structures along with the principal building or structure must meet the requirements for maximum building coverage (§ 215-16, Subsection B, Table 2 above).
Accessory structures attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building.

§ 215-17 Sight distance triangles.

On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a public street by obscuring the view. Visual obstruction shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line 25 feet from the intersection of said street lines, United States postal boxes excepted.
Figure 3: How to Measure a Sight Triangle on a Corner Lot
Figure 4: Height Restrictions within a Sight Triangle on a Corner Lot
Where a private accessway intersects a public street, visual obstructions shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street line, the edge of the private accessway and a straight line drawn between points on both the street line and the edge of the accessway 10 feet from the intersection of said lines.
Figure 5: How to Measure a Sight Triangle at a Driveway
Figure 6: Height Restrictions within a Sight Triangle at a Driveway

§ 215-18 Exceptions to minimum lot sizes, minimum lot widths, and maximum height requirements.

The provisions of Article V shall not prevent the construction of a one-family dwelling, provided the dimensional requirements are observed on any lot which was lawful when created, provided the dimensional requirements then specified are observed, and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed.
Exemption of lots shown on approved subdivision plats shall be made in accordance with the provision of the New York State Village Law § 7-709.
Maximum height regulations shall not apply to farm buildings, church spires, chimneys or other structures built above the roof and not devoted to human occupancy. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

§ 215-19 Regulations for residential structures.

Minimum habitable floor area. Every one-family or two-family dwelling unit shall have a minimum habitable floor area of 1,100 square feet. Every dwelling unit located in a multifamily dwelling or mixed-use building shall have a minimum habitable floor area of 320 square feet. Habitable floor area shall not include area contained in cellars, attics, or garages.
Roof pitch. Every one-family or two-family dwelling unit shall have a minimum roof pitch of four inches for every 12 inches of roof run.
Home gardening, nurseries, and greenhouses. Home gardening, and accessory structures used for nurseries or as greenhouses, are permitted on residential lots, provided that they shall not include the outdoor storage of equipment and supplies.
Swimming pools. A single private outdoor swimming pool per dwelling is permitted, provided that such swimming pool is for the private use of the residents of the dwelling or for their guests, subject to the following provisions:
The edge of the swimming pool is not located closer than 10 feet to any property line.
Pools must meet the requirements of the New York State Uniform Fire Prevention and Building Code.
Additional requirements for manufactured homes:
Manufactured homes shall be used only as a dwelling unit.
Manufactured homes shall be constructed in conformity with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. § 5401 et seq.). Manufactured homes must meet all provisions, requirements, and definitions found in Appendix E: Manufactured Housing Used as Dwellings in the Residential Building Code section of the NYS Uniform Fire Prevention and Building Code, including:
Is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities.
Is installed on a permanent foundation with all towing devices, wheels, axles, and hitches removed, and skirted as described by the NYS Uniform Fire Prevention and Building Code.
Any additions to a manufactured housing unit shall comply with Subchapter AE102 of the NYS Uniform Fire Prevention and Building Code.
Manufactured homes shall have been manufactured within the previous five years of the date of application for a zoning permit.
When an existing manufactured unit is replaced, the replacement shall conform to all requirements of this chapter.

§ 215-20 Design of nonresidential development.

It is the objective of this chapter to encourage the orderly development of commercial, industrial, and other nonresidential parcels in a manner which will provide for proper access and reduce traffic conflicts and provide for the health and welfare of the population of the Village. This shall be accomplished as follows:
The design of streets, service drives, and pedestrianways shall provide for safe, convenient, and hazard free internal circulation of goods, persons, and vehicles.
Nonresidential parcels shall be limited to no more than two driveway access points from the street or highway from which they derive their principal access and such driveway access points shall not be more than 40 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway.
Where a number of individual parcels or buildings are being developed jointly, or where a parcel or building is being developed adjacent to another parcel used or suitable for nonresidential development consideration should be given to the following:
The location and planning of driveway access points to permit their joint use by adjoining parcels so as to minimize the number of intersections with the street or highway from which they derive their access.
The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.
The development of pedestrian walkways between adjoining parking areas and buildings.
The provision of landscaping and other features which will enhance the usability, character, and attractiveness of the area.

§ 215-21 Essential services.

The erection, construction, alteration or maintenance by public utilities or governmental agencies of underground or overhead gas, electrical, or water transmission or distribution systems and communication systems, including poles, wires, mains, drains, sewers pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or governmental agencies for the public health, safety and the general welfare, will be permitted.

§ 215-22 Unique lots and building locations.

Corner lots. On a corner lot, the street side setback shall equal the required front setback for lots facing the street.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street, the Planning Board shall decide which street will be considered the front street. No principal structure shall be erected on the rear of the lot.
Figure 2: Building Setbacks and Lot Lines on a Corner Lot

§ 215-23 Building projections.

Projections prohibited; removal required. Every owner, lessee, occupant and other person having charge of any building or lot of ground in the Village of Weedsport shall not erect and construct any stoop, platform, steps, curb pumps, bay windows, stairs, cellar, area, areaways, descent to or ascent from any building or any projection from any building in, to, upon or under any street or public place, nor erect or maintain any grating, scales, shed, side-scale shed or erection or other construction, upon or under any street or public place. Any such construction is prohibited and, upon due order of the Board of Trustees, shall within 30 days' notice be removed from any street or sidewalk or public place.
Distance from streets. No building, fence, hedge in excess of three feet in height, or structure of any kind, shall be erected or placed anywhere in said Village so as to be closer to the street line than existing buildings, structures or houses on said street are located, and in a residential section the fronts of all houses shall be so placed as to be of a uniform distance from the street line, but nothing herein contained shall prevent any owner from building back of said uniform line if so desired.
The porch of any house shall be deemed a part of the house in so determining the location.
The Board of Trustees may make such modification to the foregoing building lines as it may deem advisable and proper and give permission for such location of new buildings, fences, hedges or structures as may appear proper and just.