West Seneca City Zoning Code
ARTICLE III
Bulk Regulations
§ 120-29 Minimum lot sizes for dwellings or mixed occupancy.
A.
Schedule of lot width and lot area requirements.
[Amended 8-17-1987; 9-24-1990]
District | Lot Width (feet) | Lot Area (square feet) |
|---|---|---|
R-100A | 100 | 20,000 |
R-90 or R-90A | 90 | 12,000 |
R-75 or R-75A | 75 for the first dwelling unit, plus 10 for a second dwelling unit | 10,000 for the first dwelling unit, plus 1,350 for a second dwelling unit |
R-65 or R-65A | 65 for the first dwelling unit, plus 10 for a second dwelling unit | 8,500 for the first dwelling unit, plus 1,350 for a second dwelling unit |
R-60A | 60 for first dwelling unit, plus 10 for each additional dwelling unit; need not exceed 100 feet | 10,000 for first dwelling unit, plus 5,000 for each additional dwelling unit |
R-50 or any C | 50 for first dwelling unit, plus 10 for each 8,000 for first dwelling unit, plus 5,000 for each additional dwelling unit | |
additional dwelling unit need not exceed 90 feet |
B.
Exceptions to lot size requirements.
(1)
Lot size exception for existing small lots.
(a)
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 including additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing the lot size requirements of such lot, provided that:
(b)
Vacant land or subdivision lots in the same record ownership on the effective date of this chapter or on the effective date of any subsequent amendment increasing the lot width requirements of such lots or vacant land, having in the aggregate a continuous frontage of more than 1 1/2 times and less than two times the minimum width requirement of the district where located, may be divided into two lots of equal lot width, and the lot size requirements shall be waived to the same extent as for existing small lots; provided, however, that any such lots or vacant land shall have a depth of at least 100 feet. For subdivisions filed prior to the effective date of this chapter and applicable amendments hereto, see § 265-a of the Town Law.
[Amended 10-14-1963]
(c)
Flag lots. Lots having a reduced frontage for a driveway servicing the main portion of the lot which is some distance back from the street and which meets all other zoning requirements may be allowed in R Districts, provided that the minimum street frontage is 40 feet and the total lot area is a minimum of one acre. The use would be restricted to a single-family residence.
[Added 8-17-1987; amended 11-28-2011 by L.L. No. 3-2011]
§ 120-30 Minimum yards for one- and two-family dwellings.
[Amended 10-14-1963; 8-17-1987; 9-24-1990]
Side Yard (two required) | ||||
|---|---|---|---|---|
District | Front Yard (feet) | Rear yard (feet) | Minimum (feet) | Total (feet) |
R-100A | 40 | 50 | 10 | 20 |
R-90 | 30 | 30 | 10 | 20 |
R-90A | 40 | 30 | 10 | 20 |
R-75 | 30 | 30 | 5 | 10 |
R-75A | 40 | 30 | 5 | 10 |
R-65 | 30 | 30 | 5 | 10 |
R-65A | 40 | 30 | 5 | 10 |
R-60A | 40 | 30* | 5** | 10** |
R-50 | 30 | 30* | 5** | 10** |
Any C | 40 | 30* | 5** | 10** |
* Or a distance equal to the height of principal building, whichever is greater. | ||||
** For multifamily dwellings, each side yard shall be 25 feet or a distance equal to one-half (1/2) the height of such building, whichever is greater. The total of the two side yards shall be twice that required for one side yard. The Town Board shall have the power to reduce said side yard requirements upon showing of special circumstances or hardship. | ||||
§ 120-31 Minimum yards for other principal buildings.
A.
In R Districts.
(1)
Front yard in any R District: as required for dwellings.
(2)
Rear yard in any R District: as required for dwellings.
(4)
A thirty-foot drive for ingress and egress shall be provided for all multifamily and special developments. If separate drives are provided for ingress and egress, they shall be a minimum of 20 feet.
[Added 9-24-1990]
B.
In any C District.
(1)
Front yard: 40 feet.
(2)
Rear yard: 10 feet; except where a rear yard abuts an R District boundary, the rear yard shall be 30 feet or a distance equal to the height of the principal building, whichever is greater.
(3)
Side yards: none required, except:
(a)
Where a side yard is provided, it shall be not less than five feet in width.
(b)
Where a side yard abuts an R District boundary, its width shall be not less than that required for side yards for multifamily dwellings or buildings of mixed occupancy in such abutting R District.
(c)
Where a side yard is used for either vehicular ingress or egress, it shall be not less than 12 feet in width.
(d)
Where a side yard is used for ingress and egress, it shall be not less than 25 feet in width.
(e)
A required side yard may not be used for ingress or egress in the multifamily or special development projects. The Town Board shall have the power to allow this, upon showing of special circumstances or hardship.
[Added 9-24-1990]
(4)
A thirty-foot drive for ingress and egress shall be provided for all multifamily and special developments. If separate drives are provided for ingress and egress, they shall be a minimum of 20 feet.
[Added 9-24-1990]
§ 120-32 Exceptions to yard requirements.
A.
Front yard exceptions.
(1)
In R Districts. Any lot less than 100 feet in depth need not have a front yard depth greater than the average front yard setback of existing principal buildings on abutting lots fronting on the same street.
(2)
In C or M Districts. Any lot less than 100 feet in depth need not have a front yard depth greater than the average front yard setback of existing principal commercial or industrial buildings on abutting lots fronting on the same street.
(3)
Coin-operated vending machines. The front yard requirement for coin-operated vending machines shall be 20 feet.
[Added 6-18-1973]
(4)
The front yard requirements for outdoor selling of fruits, vegetables and/or other products shall be 25 feet
[Added 6-17-1974]
B.
Rear yard exception for through lots. On a through lot 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 to that portion of a through lot where a front yard equivalent is required.
C.
Exterior side yard for corner lots. On a corner 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.
[Amended 8-17-1987]
D.
Side yard exception. Notwithstanding any other provision of this article, in any C or M District, where a side yard is used for parking or a multilevel parking structure, the only required side yard shall be an exterior side yard of 10 feet as measured from the property line at the street.
[Added 1-25-1999]
§ 120-33 Visibility at intersections.
In any district where a front yard of 15 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points on such street lines 50 feet distant from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.
§ 120-34 Maximum heights of buildings or structures.
§ 120-35 Height exceptions.
The height limitations of this chapter shall not apply to:
A.
Chimneys, flues, spires or belfries.
B.
Elevator or stair bulkheads, roof water tanks or cooling towers (including enclosures), provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
C.
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.
E.
Wind turbines or windmills located on a building and extending not more than 20 feet above the roof of the principle building. If mounted freestanding, said wind turbine or windmill shall not exceed 40 feet in height and have a fall zone of said structure permitted in C-1 Zoning to M-2 Zoning.
[Added 11-28-2011 by L.L. No. 3-2011]
§ 120-35.1 Solar access.
[Added 8-17-1987]
To the fullest extent feasible, building heights and other obstructions to sunlight shall be regulated (on southerly lots) to provide adjoining northerly lots the following level of access to sunlight:
A.
Sunlight shall be available to rooftop solar collectors for approximately three hours before and three hours past solar noon on November 1 (the east-west limits of skyspace determined by the hours; the lower limit determined by the month).
§ 120-36 Usable open space for mixed occupancy.
A.
In the case of a building having 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.
B.
No part of any required front yard or required side yard shall be counted as usable open space as herein required.
§ 120-37 Minimum size of dwellings.
[Added 8-10-1970]
A.
In determining the minimum livable floor area as required in any district, no area shall be included whose floor is below the finished grade.
B.
"Finished grade" shall be the natural surface of the ground within 15 feet of the building or the surface of the ground within 15 feet of the building after completion of any change in contour.
Table—Minimum Sizes of Dwellings [Amended 8-17-1987] | ||
|---|---|---|
District | Livable Floor Area (square feet) | Conditions |
R-90 or R-90A | 1,500 | Where apartment or 2-family dwelling is permitted, area of |
R-75 or R-75A | 1,100 | each dwelling unit shall be approved by |
R-100A, R-65 or R-65A | 900 1,200 | the Town Board but 2-family dwelling shall be not less than 500 square feet. |
R-50, R-60A or any C | 900 | Single-family dwelling |
1,200 | 2-family dwelling | |
500 | For each dwelling unit in multifamily dwellings | |
§ 120-38 Open space requirements for group dwellings.
All required yards for group dwellings shall be measured from the dwellings nearest the respective front, side and rear lot lines. No principal building shall be nearer any other principal building than a distance equal to the average height of such buildings.
§ 120-39 Limitations on accessory uses in R Districts.
A.
Location of accessory buildings, structures and other improvements. No accessory building, structure or other improvement shall be erected or altered so as to:
[Amended 9-8-2014 by L.L. No. 10-2014]
(1)
Be in any required front yard or required side yard, except that an attached garage may extend three feet into a required side yard, provided that such garage is not nearer than five feet to any lot line.
[Amended 10-14-1963]
(2)
Be nearer than 10 feet to any dwelling unless attached thereto or nearer than five feet to any other building.
(3)
Be within three feet of any side or rear lot line.
B.
Fences in R Districts. Fence heights shall not exceed four feet in height in any front or side yard or six feet in height in any rear yard. Fences shall not be allowed to project any more than 10 feet into a front yard. If a building does not have required front yard setback as per § 120-30, no projection shall be allowed.
[Amended 8-17-1987; 1-22-1990]
C.
Projections into required yards. The following structures shall be permitted within required yards:
(1)
Accessory uses as permitted by the district regulations shall be permitted in required rear yards.
(2)
Roof projections of not more than two feet.
(3)
Windowsills or other ordinary projections to an extent of not more than four inches.
(4)
Unenclosed porches or unenclosed steps not extending above the first floor level may project into a required yard not more than 1/4 the required width or depth of such yard, but not nearer any lot line than five feet.
D.
Coverage of rear yards. In any R District, accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot nor more than 40% of a required rear yard of a corner lot.
E.
Driveways. Driveways shall be a minimum of three feet from the side lot line.
[Added 9-8-2014 by L.L. No. 10-2014]
F.
Pools. Pools, in-ground or aboveground, shall be a minimum of 10 feet from any principal structure and five feet from any accessory structure. Decks, patios or other similar structures are not permitted to connect the principal structure to the pool.
[Added 9-8-2014 by L.L. No. 10-2014]
§ 120-40 Limitations on accessory uses in C or M Districts.
[Amended 8-17-1987]
Except for gasoline pumps, identification signs or off-street parking, as regulated by other provisions of this chapter, no storage or processing of any kind shall be permitted in any required yard in any C or M District. Accessory buildings shall be set back from R District boundaries for a distance at least equal to the height of any such accessory building. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the provisions of § 120-39. Fences shall be permitted as regulated in R Districts.