Williamsville City Zoning Code
§ 112-12
R-1 Single-Family Residence District.
[Amended 6-25-2018 by L.L. No. 10-2018; 6-24-2019 by L.L. No. 5-2019; 11-25-2019 by L.L. No. 8-2019; 6-28-2021 by L.L. No. 1-2021; 6-12-2023 by L.L. No. 4-2023; 4-28-2025 by L.L. No. 4-2025]
A.
Permitted uses. The following uses shall be permitted in an R-1 Single-Family Residence District:
(1)
Principal uses.
(a)
One single-family dwelling.
(b)
Religious facility.
(c)
A private, nonprofit elementary or secondary school accredited by the New York State Department of Education.
(d)
Boarding/rooming house.
(e)
A day-care facility which is accessory to a school or religious facility.
(f)
Fire station without club facilities.
(2)
Accessory uses. Accessory uses may be permitted in an R-1 Single-Family Residence District as follows:
(a)
A single accessory apartment, subject to the following:
[1]
Approval of a special permit, granted by the Zoning Board of Appeals under this chapter.
[2]
The owner(s) of the dwelling unit in which the accessory apartment is located shall occupy at least one of the dwelling units on the premises, except for bona fide absences, for a period of five years prior to applying for the special permit, and said accessory apartment shall be clearly a subordinate part of the dwelling units.
[3]
No rent shall be received for the accessory apartment, and such unit shall be occupied only by persons related by blood or marriage to the family occupying the dwelling or by not more than one employee of that family.
[4]
The accessory apartment may be created only through conversion of a dwelling unit. Garage space shall not be converted.
[5]
No exterior changes shall be made which, in the opinion of the Board of Appeals, do not conform to the visual character of the one- or two-family neighborhood.
[6]
Any new entrances shall be located on the side or in the rear of the dwelling unit. In no case shall an accessory apartment be greater in floor area than 500 square feet.
[7]
At least three off-street parking spaces shall be available for use by the owner-occupant(s) and tenant(s).
[8]
In order to encourage the development of dwelling units for disabled and handicapped individuals and persons with limited mobility, the Board of Appeals may allow reasonable deviation from these stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
[9]
Any other appropriate or more stringent conditions deemed necessary by the Board of Appeals to protect public health, safety and the character of the residential neighborhood.
[10]
Purchasers of a dwelling that has been previously granted a special permit for an accessory apartment, who desire to continue the accessory apartment, shall reapply for a permit and must demonstrate that all conditions prerequisite to granting of the original permit have been met.
(b)
Short-term rental, subject to the following:
[1]
Approval of a special use permit granted by the Zoning Board of Appeals under this chapter. An application for a special use permit shall be on a form provided by the Building Department and shall be accompanied by an application fee as established by the Board of Trustees from time to time. Such special use permit shall remain in effect unless revoked by the Code Enforcement Officer for noncompliance with the terms of the permit or any of the following conditions, or the property is transferred to a new owner.
[2]
Before such special use permit may be granted, the premises must be inspected by the Code Enforcement Officer or his/her designee to ensure that the premises is in substantial compliance with these regulations and the New York State Uniform Fire Prevention and Building Codes. By applying for a special use permit, the owner consents to biennial inspections of the premises for the duration of the permit, unless more frequent inspections are deemed necessary by the Code Enforcement Officer or his/her designee.
[3]
The short-term rental dwelling unit may be, but is not limited to, an attached or detached accessory apartment or whole house property.
[4]
The owner of the premises in which the short-term rental dwelling unit is located shall continuously occupy the premises throughout the operation of the short-term rental units unless the Zoning Board of Appeals finds that such non-owner-occupied short-term rental dwelling unit will not adversely affect the overall character of the neighborhood and would not violate the intent of this chapter.
[5]
No fewer than two off-street parking spaces shall be provided for the premises in which the short-term rental dwelling unit is located.
[6]
No two short-term rental dwelling units shall be located on the same residential block without a finding by the Zoning Board of Appeals that such short-term rental dwelling unit(s) in excess of such limitation will not adversely affect the overall character of the neighborhood and would not violate the intent of this chapter.
[7]
No exterior display or signage related to the use of the premises for short-term rental shall be permitted.
(c)
Home occupation, subject to the following:
[1]
The home occupation is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof.
[2]
Employment or participation of occupants shall not exceed two persons, and of nonoccupants, one person.
[3]
No exterior display or indication of the activity shall be visible to the general public.
[4]
Outdoor sales or display of items for sale is prohibited.
[5]
Signs, except for professional identification signs, are prohibited.
[6]
On-site parking of a commercial vehicle advertising the home occupation is prohibited unless housed in an enclosed residential garage whenever the vehicle is on the premises.
[7]
Any variation in the residential character of the property, such as construction of a separate entrance, other exterior structural alteration or addition of paved areas, is prohibited.
[8]
Outdoor storage of any materials or goods associated with the home occupation is prohibited.
[9]
The home occupation is confined to the principal structure and no accessory structure or yard is used in conjunction therewith, except for required parking spaces.
[10]
The floor area within a principal building used or occupied in conjunction with the home occupation, inclusive of basements, attics, cellars and similar areas, shall not involve more than 25% of any one story or exceed a cumulative total of 500 square feet.
[11]
The following uses are expressly prohibited: a barbershop, a beauty parlor, a restaurant or tavern, a funeral home, a dance studio, a printing/copy service, a product/component manufacture or fabrication company, all motor vehicle repair or dismantling and small-engine repair.
[12]
The on-premises sale of merchandise is prohibited except where clearly incidental and secondary to the home occupation, limited in scope, and items for sale are not displayed in any configuration resembling a retail store.
[13]
The home occupation shall not create any hazards to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
[14]
Students receiving instruction in visual or performing arts, including but not limited to music, dance, fine arts or crafts, within any common period of time shall not exceed two.
(d)
A single chicken coop, subject to the following:
[1]
Approval of a permit granted by the Code Enforcement Officer under this chapter. An application for a permit shall be on a form provided by the Code Enforcement Officer and shall be accompanied by an application fee as established by the Board of Trustees from time to time;
[2]
The raising of chickens shall be conducted as an accessory use on the same premises associated with an occupied single-family detached dwelling as the principal use;
[3]
The chickens shall be raised for noncommercial purposes;
[4]
The number of chickens shall be limited to a maximum of six;
[5]
Roosters shall not be allowed. Breeding of chickens on-site shall not be allowed;
[6]
The permit shall be limited to the applicant and shall not be transferable;
[7]
The raising of the chickens shall be subject to all applicable sanitary, noise and property maintenance regulations, ordinances and laws. Chicken waste shall not be composted or mulched on-site. Chicken waste shall be stored in appropriate containers that do not create any nuisance;
[8]
Any odor associated with the raising of the chickens shall not be perceptible beyond the property line of the premises where the chickens are being raised;
[9]
The chickens must be kept in coops or in fenced or walled enclosures (chicken run) at all times so constructed that the chickens cannot fly over any fence or wall or otherwise escape from the coop or chicken run. The chickens shall not be allowed to roam freely beyond the property lines of the premises associated with the special use permit application;
[10]
Feed for the chickens must be stored in secure, rodent proof containers. Unsecured excess feed shall not be allowed;
[11]
Chickens shall not be allowed in the front yard between the principal structure and a public or private street;
[12]
Chicken coops shall be located at least 15 feet from any property line;
[13]
Chicken coops shall be screened from public view with either solid fencing or landscaping;
[14]
The permit shall be valid for a maximum of two years. Additional consecutive or nonconsecutive permits may be granted by the Code Enforcement Officer upon the filing of each new application;
[15]
Prior to the issuance of a permit hereunder, the Code Enforcement Officer shall conduct an inspection of the premises associated with application and prepare a report concerning the suitability of the property to house a chicken coop without causing unreasonable interference with the use and enjoyment of neighboring properties and without posing a threat to public health and safety. Any property maintenance issues noted in such inspection must be corrected prior to any application hereunder being deemed complete and a permit issued;
[16]
The Code Enforcement Officer may revoke any permit granted hereunder if, upon inspection of the premises, he or she determines that the permit holder is not in compliance with the requirements of this subsection or the permit;
[17]
Any person aggrieved by the issuance, denial or revocation of a permit granted hereunder may appeal such determination or action by the Code Enforcement Officer to the Zoning Board of Appeals as provided for and governed by New York Village Law §§ 7-712-a and 7-712-b(1). In deciding such appeal, the Board of Appeals shall consider the requirements and intent of this subsection and shall set forth the basis for its determination in writing. Any person aggrieved by the decision of the Board of Appeals may seek judicial review of such determination as provided for and governed by New York Village Law § 7-712-c.
(e)
Other customary accessory uses, but not including any use conducted for gain.
B.
Prohibited uses. Uses prohibited shall be all other uses not enumerated above.
C.
Lot and structural requirements. The following lot and structural requirements shall apply in an R-1 Single-Family Residence District:
(2)
Principal building.
(a)
Minimum floor area.
Building Type | Square Feet |
|---|---|
One-story | 1,200 |
Two-story | 1,500 |
(b)
Front yard setback: twenty-five-foot minimum and fifty-foot maximum or an average of existing principal buildings within 150 feet on either side.
(c)
Side yard setback: five-foot minimum on each of two required side yards, and where a side yard is used for vehicle ingress or egress, such side yard shall be at least 12 feet in width.
(d)
Side yard setback, corner lots. An exterior side yard (corner lot) shall have a width at least equal to 15% of the lot width but need not exceed the front yard requirement along the street on which the exterior yard abuts. In no event shall an exterior side yard be less than 10 feet.
(e)
Rear yard setback: 25% of the lot depth, but not less than 25 feet.
(f)
Rear yard setback, through lot. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided and shall take precedence over rear yard setbacks.
(g)
Maximum height: 30 feet.
(h)
In no case shall a principal building or any addition thereto be located within 10 feet of any other building or structure unless the building or addition thereto is constructed with materials that will afford one hour of fire protection, in accordance with the New York State Uniform Building and Fire Safety Code.[1] In no event, however, shall the distance between buildings and structures be less than eight feet.
[1]
Editor's Note: See Ch. 28, Fire Prevention and Building Code Administration.
(3)
Accessory buildings/structures.
(a)
Front yard setback: not permitted in front yard.
(b)
Side yard setback: not permitted in side yard, except that an attached one-story garage not over 12 feet in height may extend into a required side yard not more than three feet. In no case shall any part of an accessory building be located within 10 feet of any other building or structure unless the accessory building is constructed with materials that will afford one hour of fire protection, in accordance with the New York State Uniform Building and Fire Safety Code. In no event, however, shall the distance between buildings and structures be less than eight feet.
(c)
Rear yard setback. No part shall be closer than two feet to a lot line and in no case within 10 feet of any other building or structure unless the building or structure is constructed with materials that will afford one hour of fire protection, in accordance with the New York State Uniform Building and Fire Safety Code. In no event, however, shall the distance between buildings and structures be less than eight feet. In the case of a corner lot, no accessory building or structure shall be closer than 10 feet to a rear lot line, nor shall it be closer to the exterior side lot line than an average of existing buildings within 150 feet on either side. Playsets and treehouses shall not be closer than five feet to a lot line.
(d)
Maximum height: 14 feet.
(4)
Required open area. Access drives, walks, unenclosed steps or terraces not extending more than one foot above the adjoining finished grade level may be located in any required open area.
(5)
Storage of firewood. No person shall store firewood or maintain a woodpile unless it is kept stacked and reasonably secure, it is raised at least three inches off the ground and it is stored in such a manner as to protect against infestation by rodents, insects or other pests.
(6)
Berms. No berm shall be constructed, the height of which exceeds more than 36 inches above the natural surface of the surrounding terrain.