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Village of Williamsville Code
 
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Chapter 112: Zoning (continued)

§ 112-12. R-1 Single-Family Residence District.A. Permitted uses. The following uses shall he permitted in an R-1 Single-Family Residence District:

(1) Principal uses.

(a) One (1) 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 (1) of the dwelling units on the premises, except for bona fide absences, for a period of five (5) 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 (1) 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 five hundred (500) square feet.

[7] At least three (3) 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 and mobility for disabled persons.

[9] Any other appropriate or more stringent conditions deemed nay 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) 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 car thereof.

[2] Employment or participation of occupants shall not exceed two(2) persons, and of nonoccupants, one (1) 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 mart than twenty-five percent (25%) of any one (1) story or exceed a cumulative total of five hundred (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 ar secondary to the home occupation, limited scope, and items for sale are not displayed any configuration resembling a retail store.

[13] The home occupation shall not create a hazards to neighboring persons or property a 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 (2).

(c) 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:

(1) Lots.

(a) Minimum lot area: ten thousand (10,000) square feet:

(b) Street frontage: seventy-five (75) feet minimum.

(c) Maximum lot coverage: not to exceed twenty-five percent (25%) for principal building or thirty-five percent (35%) for principal and accessory buildings and structures.

(2) Principal building.

(a) Minimum floor area:

Building Type Square Feet
1 Story 1,200
2 Story 1,500
(b) Front yard setback twenty-five-foot minimum and fifty-foot maximum or an average of existing principal buildings within one hundred fifty (150) feet on either side.

(c) Side yard setback: five-foot minimum on each of two (2) required side yards, and where a side yard is used for vehicle ingress or egress, such side yard shall be at least twelve (12) feet in width.

(d) Side yard setback, corner lots. An exterior side yard (corner lot) shall have a width at least equal to fifteen percent (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 ten (10) feet.

(e) Rear yard setback: twenty-five percent (25%) of the lot depth, but not less than twenty-five (25) feet.

(fl 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: thirty (30) feet.

(h) In no case shall a principal building or any addition thereto be located within ten (10) feet of any other building or structure unless the building or addition thereto is constructed with materials that will afford one (1) 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 (8) feet.

(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 twelve (12) feet in height may extend into a required side yard not more than three (3) feet. In no case shall any part of an accessory building be located within ten (10) feet of and other building or structure unless the accessory building is constructed with materials that will afford one (1) 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 (8) feet

(c) Rear yard setback. No part shall be closer than two (2) feet to a lot line and in no case within ten (10) feet of any other building or structure unless the building or structure is constructed with materials that will afford one (1) 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 (8) feet. In the case of a corner lot, no accessory building or structure shall be closer than ten (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 one hundred fifty (150) feet on either side.

(d) Maximum height fourteen (14) feet.

(4) Required open area Access drives, walks, unenclosed steps or terraces not extending more than one (1) 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 (3) 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 thirty-six (36) inches above the natural surface of the surrounding terrain. [Added 11-23-1992 by L.L. No. 8-1992]

§ 112-13. R-2 Single-Family Residence District.

A. Permitted uses. The following uses shall be permitted in an R-2 Single-Family Residence District:

(1) Principal uses: as permitted and regulated in an R-1 District.

(2) Accessory uses: as permitted and regulated in an R-1 District.

B. Prohibited uses: as regulated in an R-1 District.

C. Lot and structural requirements. The following lot and structural requirements shall apply in an R-2 Single-Family Residence District:

(1) Lots.

(a) Minimum lot area: six thousand two hundred fifty (6,250) square feet.

(b) Street frontage: sixty (60) feet minimum.

(c) Lot coverage: not to exceed twenty-five percent (25%) for a principal building or thirty-five percent (35%) for a principal building and accessory buildings and structures.

(2) Principal building.

(a) Minimum floor area.
Building Type Square Feet
1 Story 1,000
2 Story 1,250
(b) All setback and height: as permitted and regulated in an R-1 District.

(c) In no case shall a principal building or any addition thereto be located within ten (10) feet of any other building or structure unless the building or addition thereto is constructed with materials that will afford one (1) 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 (8) feet.

(3) Accessory buildings/structures: as permitted and regulated in an R-1 District.

(4) Required open area: as permitted and regulated in an R-1 District.

(5) Storage of firewood: as permitted and regulated in an R-1 District.

(6) Berms: as permitted and regulated in an R-1 District. [Added 11-23-1992 by L.L. No. 8-1992]

§ 112-14. R-3 Single-Family or Two-Family Residence District.

A Permitted uses. The following uses shall be permitted in an R-3 Single-Family or Two-Family Residence District:

(1) Principle uses.

(a) As permitted and regulated in R-1 and R-2 Districts.

(b) One (1) two-family dwelling.

(2) Accessory uses: as permitted and regulated in R-1 and R-2 Districts.

B. Prohibited uses: as regulated in R-1 and R-2 Districts.

C. Lot and structural requirements. The following lot and structural requirements shall apply in an R-3 Single-Family or Two-Family Residence District:

(1) Lots.

(a) Minimum lot area.
Building Type Square Feet
1 Family 6,250
2 Family 7,500
(b) Street frontage: fifty (50) feet minimum.

(c) Lot coverage: not to exceed twenty-five percent (25%) for a principal building or thirty-five percent (35%) for a principal building and accessory buildings and structures.

(2) Principal building.

(a) Minimum floor area.
Building Type Square Feet
1 Story 800
2 Story 1,000
(b) Setbacks and height: as permitted and regulated in R-1 and R-2 Districts.

(c) In no case shall a principal building or any addition thereto be located within ten (10) feet of any other building or structure unless the building or structure is constructed with materials that will afford one (1) 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 (8) feet.

(3) Accessory buildings/structures: as permitted and regulated in R-1 and R-2 Districts.

(4) Required open area: as permitted and regulated in R-1 and R-2 Districts.

(5) Storage of firewood: as permitted and regulated in R-1 and R-2 Districts.

(6) Berms: as permitted and regulated in R-1 and R-2 Districts. [Added 11-23-1992 by L.L. No. 8-1992]

§ 112-15. R-3 Multiple-Dwelling Residence District.

A. Permitted use. The following uses shall be permitted in an R-3M Multiple-Dwelling Residence District:

(1)Principal uses.

(a)As permitted and regulated in R-1, R-2 and R-3 Districts.

(b)Multiple-family dwellings.

(2)Accessory uses: as permitted and regulated in R-1, R-2 and R-3 Districts.

B. Prohibited uses: as regulated in R-1, R-2 and R-3 Districts.

C. Lot and structural requirements. The following lot and structural requirements shall apply in an R-3M Multiple-Dwelling Residence District:

(1) Lot.

(a) Minimum lot area.
Building Type Square Feet
1 Family 6,250
2 Family 7,500
Multiple Family 7,500 plus 2,500 for each unit over 2
(b) Street frontage.
Building Type Square Feet
1 Family 50
2 Family 50
Multiple Family 50 plus 25 feet for each additional dwelling unit over 2, total not to exceed 200 feet
(c) lot coverage: as regulated by off-street parking, open area and landscape requirements.

(2) Principal building.

(a) Minimum floor area: as regulated by off-street parking, open space and landscape requirements.

(b) Setbacks and height as permitted and regulated in R-1, R-2 and R-3 Districts.

(c) In no case shall a principal building or any addition thereto be located within ten (10) feet of any other building or structure unless the building or addition thereto is constructed with materials that afford one (1) 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 (8) feet.

(3) Accessory building structures: as permitted and regulated in R-1, R-2 and R-3 Districts.

(4) Required open area.

(a) As permitted and regulated in R-1, R-2 and R-3 Districts.

(b) Four hundred (400) square feet of open space for each dwelling unit shall be provided exclusively for passive use and household service activities.

(5) Storage of firewood: as permitted and regulated in R-1, R-2 and R-3 Districts.

(6) Berms: as permitted and regulated in R-1, R-2 and R-3 Districts. [Added 11-23-1992 by L.L. No. 8-1992]

§ 112-18. C-1 Frofessional and Administrative District.

A. Permitted uses. The following uses shall be permitted in a C-1 Professional and Administrative District:

(1) Principal uses.

(a) As permitted and regulated in an R-3M District.

(b) Telephone exchange.

(c) Medical center.

(d) Office.

(e) Recreation/fitness center.

(f) Religious facility.

(g) Mortuary.

(h) Day-care facility.

(i) Art, dance, music or photographic studio.

(j) Fire station with club facilities.

(k) School.

(I) Bank without drive-in facilities.

(m) Buildings and structures accessory to the above.

(2) Accessory uses: as permitted and regulated in an R-3M District.

B. Prohibited uses. Uses prohibited shall be all other uses not previously enumerated.

C. Lot and structural requirements. The following lot and structural requirements shall apply in a C-1 Professional and Administrative District:

(1) lot.

(a) Minimum lot area:

[1] No restriction for nonresidential or mixed occupancy buildings.

[2] Single-family dwelling: six thousand (6,000) square feet.

[3] Each additional unit: two thousand five hundred (2,500) square feet.

(b) Minimum lot coverage: as regulated by landscaping and off-street parking requirements.

(2) Principal building.

(a) Front yard setback: twenty-five (25) feet or an average of existing principal buildings within one hundred fifty (150) feet on either side.

(b) Side yard setback. No principal building shall be constructed without access at least twelve (12) feet in width to provide access to the rear yard. If the rear yard abuts a street or alley, additional access shall not be required.

[1] A side yard is not required for any property abutting any C or M District; however, where an unnecessary side yard is provided, it shall be no less than five (5) feet in width.

[2] Where any side lot line abuts a lot in an R-District, a side yard of not less than twenty (20) feet shall be provided.

[3] Where a side yard is used for vehicle ingress or egress, it shall be at least twelve (12) feet in width.

(c) Rear yard setback: twelve (12) feet minimum but where the rear lot line abuts a lot in an R-District, twenty-five (25) feet or a distance equal to the height of the principal building, whichever is greater.

(d) Height: as regulated by landscape and offstreet parking requirements.

(3) Accessory buildings and structures.

(a) Front yard setback: not permitted in front yard.

(b) Side yard setback: not permitted in side yard.

(c) Rear yard setback: not permitted in rear yard except as regulated in R-3M District:

(d) Maximum height: not to exceed the height of the principal building.

(4) Required open area: as regulated by landscaping and of street parking requirements.

§ 112-17. C-2 Restricted Commercial District:

A. Permitted uses. The following uses shall be permitted in a 2 Restricted Commercial District:

(1) Principal uses.

(a) As permitted and regulated in C-1 District:

(b) Drive-in service facility.

(c) Restaurant.

(d) Commercial residence.

(e) Retail business conducted within a complete enclosed building.

(2) Accessory uses: as permitted and regulated in District:

B. Prohibited uses. Uses prohibited shall be all other uses previously enumerated.

C. Lot and structural requirements. The following lot structural requirements shall apply in a C-2 Restricted Commercial District:

(1) Lot: as permitted and regulated in C-1 District:

(2) Principal building: as permitted and regulated in C-1 District:

(3) Accessory buildings and structures: as permitted and regulated in C-1 District:

(4) Required open area: as permitted and regulated in C-1 District:

§ 112-18. C-3 General Commercial District

A. Permitted uses. The following uses shall be permitted in a C-3 General Commercial District:

(1) Principal uses.

(a) As permitted and regulated in C-1 and C-2 District

(b) Wholesale business.

(c) Newspaper or printing establishment:

(d) Gasoline service station.

(e) Motor vehicle service.

(f) Car washing establishment:

(g) Veterinary hospital or kennel.

(2) Airy uses: as permitted and regulated in R-1 and R-2 District.

B. Prohibited uses. Uses prohibited shall be all other uses not enumerated

C. Lot and structural requirements. The following lot and structural requirements shall apply in a C-3 General Commercial District:

(1) Lot: as permitted and regulated in C-1 and C-2 Districts.

(2) Principal building: as permitted and regulated in C-1 and C-2 Districts.

(3) Airy buildings and structures: as permitted and regulated in C-1 and C-2 Districts.

(4) Required open area: as permitted and regulated in C-1 and C-2 Districts.

§ 112-19. M-1 Light Manufacturing District:

A. Permitted uses. The following uses shall be permitted in an M 1 Light Manufacturing District:

(1) Principal building.

(a) As permitted and regulated in C-1, C-2 and C-Districts.

(b) Manufacturing or industrial business.

(c) Wholesale/warehouse business.

(d) Contractor's equipment or materials storage.

(e) Public utilities storage or service facility.

(f) Air structure.

(g) Junkyard.

(2) Accessory uses: as permitted and regulated in C-1, C-and C-3 Districts.

B. Prohibited uses.

(1) Uses prohibited shall be all other uses not previously enumerated.

(2) No use of land, buildings or structures shall be permits if the operation normally results in any fire or explosive hazard or dissemination of atmospheric pollutant, noise, glare or odor beyond the boundaries of the premises which such use is located.

C. Lot and structural requirements. The following lot and structural requirements shall apply in an M-1 Light Manufacturing District:

(1) Lot:

(a) Minimum lot area: as permitted and regulated in 1 District:

(b) Minimum lot coverage: as regulated by landscaping and off-street parking requirements.

(2) Principal building.

(a) Minimum floor area: no restriction.

(b) Front yard setback: as regulated by landscaping and off-street parking requirements.

(c) Side yard setback: ten (10) feet for each side yard, except that where a side lot line abuts a lot in an R District, its width shall be not less than twenty (20) feet:

(d) Pear yard setback: minimum of twelve (12) feet:

(e) Height: as permitted and regulated in C-1 District:

(3) Airy buildings/structures: as permitted and regulated in C-1 District

(4) Required open area: as permitted and regulated in C-1 District:  

§ 112-20 Residential parking.

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