Village of Cuba, NY Article VIII Permitted Modifications

§ 200-39 Zone lot regulations; existing zone lots of record.

A. A nonconforming zone lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot and provided that the minimum area for such lot shall not be less than 5,000 square feet and have a minimum lot width of not less than 50 feet and that all other provisions of this chapter are adhered to. No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.

B. A permit for the use of preexisting lots which are less than the minimum area and lot width specified in Subsection A above may only be issued following the approval of a variance by the Board of Appeals.

§ 200-40 Height regulations.

A. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos and other buildings not used for human occupancy.

B. Chimneys, ventilators, skylights, water tanks, freestanding towers, television and radio antennae and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitation of this chapter by not more than 15 feet.

C. The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornament which may extend above the height limits of this chapter by up to five feet.

§ 200-41 Yard regulations.

A. Side yard reduction. In the case of lots which comply with the provisions for modification (see § 200-39A), the minimum side yard setback, as specified in Schedule I,[1] shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in the schedule for the zone in which located. In no case, however, shall the minimum side yard setback be reduced to less than five feet.

[1] Editor's Note: Schedule I included as an attachment to this chapter.

B. Front yard exception. In residential districts where the frontage on the same side of the street within 500 feet of the subject property is 50% or more developed, the required front yard setback from the right-of-way line for a new structure may be modified to the average for such existing development. Otherwise, the requirements of Schedule I shall apply.

§ 200-42 Projections into required yards.

Certain architectural features may project into required yards as follows:

A. Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.

B. Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.

C. Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding three feet, provided that such features do not occupy in the aggregate more than 1/3 of the length of the building wall on which they are located.

D. Patios may be located in side and rear yards, provided that they are not closer than 10 feet to any adjacent property line.