A. 
In all districts:
(1) 
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.
(2) 
A private garage may be constructed as a structural part of a main building, provided that, when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear, and side yard regulations of this chapter.
(3) 
Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.
(4) 
Accessory buildings, including private garages, located within the rear yard shall be set back from the side and rear property lines at least as far as listed below in each of the specified districts:
[Amended 5-26-1999]
District
Minimum Setback
(feet)
AR
20
RR
15
R-1
10
R-2
5
CF
10
MHP
10
VB
5
HC
25
MB
10
IP
20
GI
50
(5) 
An access driveway may be located within a required yard.
(6) 
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage, or any other use.
(7) 
The storage of manure, or of odor- or dust-producing substances as an accessory use shall not be permitted within 100 feet of any side or rear lot line, or within 100 feet of any front lot line.
(8) 
The following shall apply to all forms of animal husbandry, except the keeping of animals as household pets:
(a) 
All shelters provided for livestock, fowl, or fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(b) 
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
B. 
In residence districts: Accessory off-street parking areas shall be paved in accordance with the municipal specifications.
C. 
In nonresidential districts: Accessory off-street parking areas may be located within required front, side, or rear yards.
In all disticts, except the VB District, the lot frontage at the street line shall be not less than 40 feet.
A. 
Nothing herein contained shall restrict the height of the following: church spire, cupola, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, silo, stage tower, or scenery loft, radio or television tower, or similar structure.
B. 
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1) 
Have a lot coverage in excess of 10% of the lot area.
(2) 
Be used for residence or tenancy purposes.
(3) 
Have any sign, nameplate display, or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
A. 
The following accessory structures may be located in any required front or rear yard:
(1) 
Awning or movable canopy not exceeding 10 feet in height.
(2) 
Open arbor or trellis.
(3) 
Retaining wall, fence or masonry wall, pursuant to § 270-9.9.
(4) 
Unroofed steps, patio or terrace not higher than one foot above ground level.
B. 
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
(1) 
An unroofed balcony, projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
C. 
Every part of a yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D. 
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E. 
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F. 
In all residence districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, or 25% of the opposite block frontage across the street, the front yard at the front of such proposed building shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated, in cases where the average alignment of the two nearest buildings within such 200 feet on the same side of the street 25% improved, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed in the district in which such proposed building is situated. The provisions of this subsection shall not apply to the required side yard on the street side of a building on a corner lot.
A. 
In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the lot and bounding such court.
(2) 
Fifteen feet.
B. 
In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Two-thirds of the horizontal depth of such court.
(3) 
Fifteen feet.
C. 
In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.
A. 
In the layout of a development of garden apartments or other multiple dwellings on a lot or tract of land, a horizontal distance of not less than 20 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings; and between all main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.
B. 
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C. 
Minor accessory buildings shall meet the requirements of § 270-9.1.
On a corner lot in any residence district, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of three feet; and no vehicle, object or any other obstruction of height in excess of three feet shall be parked or placed; and no hedge, shrub, or other growth shall be maintained at a height in excess of two feet; except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one at each intersection street line, each of which point is 25 feet from the intersection of such street lines.
A. 
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighbors; to conserve established property values; and to contribute to the general welfare.
B. 
Minimum schedule. Every dwelling or other building, other than a mobile home located in a licensed mobile home court, devoted in whole or in part to a residential use, which is hereafter erected or converted to accommodate additional families, shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed area, and basement and cellar rooms and areas.
[Amended 5-26-1999]
Type of Residential Building
Minimum Required Floor Area Per Family
(square feet)
Single- and two-family
750
Multifamily
500
Studio apartment
196
Conversions
500/unit
C. 
First floor area of a dwelling. The minimum first floor enclosed area of a dwelling other than a mobile home located in the MHP District, exclusive of garage or other accessory building, shall be 500 square feet, and its least overall dimension shall be 20 feet.
[Amended 5-26-1999]
A. 
Schedule of permitted fences and walls. The following schedule of permitted fences and walls shall apply according to the district in which the lot is located on the Zoning Map, whether such lot is used for a permitted use or for a special exception use, except where the Planning Board or Board of Appeals may require special treatment. Any fence or wall erected in accordance with these regulations shall be constructed so that the good side or best appearance of the material faces the adjacent neighbor.
[Amended 5-26-1999]
Maximum Fence or Wall Height in Feet
(except where corner clearances are required in accordance with § 270-9.7)
District
Front Lot Line
Side Lot Line Outside Rear Yard
Rear Yard Lot Lines
Not in Any Minimum Required Yard
AR
4
4
6
6
RR
4
4
6
6
R-1
4
4
6
6
R-2
4
6
6
6
CF
4
6
6
6
MHP
4
8
8
8
VB
3
6
6
6
HC, MB
4
8
8
8
IP, GI
4
8
8
8
B. 
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that there is a retaining wall, and further excepting that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A.
A. 
Along the shore of Lake Ontario and the banks of Eighteen Mile Creek, all buildings and structures shall be set back at least 100 feet from the main water level line as established by the Town of Newfane, except for bulkheading and other marine structures approved by the Town of Newfane.
B. 
Along all other drainage lines established in the Niagara Country Internal Drainage Study, all buildings and structures shall be set back at least 50 feet from the center line of the drainage channel.
All buildings used for human habitation or as shelter for employees shall have a first floor elevation at least five feet above the seasonal high groundwater elevation as estimated by the Natural Resources Conservation Service in its soil survey of the Town of Newfane.
In order to assure orderly and compatible relationship between residence districts and nonresidential districts along their common boundry lines the following requirements shall be met along such boundaries:
A. 
Minimum required transitional side and rear yards within nonresidential districts adjoining residence districts shall be 30 feet.
B. 
Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal to be erected and maintained by the nonresidential property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of § 270-13.4, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
Produce stands may be maintained in residential districts by the owner or bona fide lessee of the premises on which the stand is to be located upon the following conditions:
A. 
Only agricultural and garden products grown exclusively within the Town of Newfane may be displayed and sold.
B. 
No permanent structures may be erected or maintained for such use except upon approval of the Planning Board.
C. 
Produce stands and displays of products shall not be located nearer than 20 feet to the paved portion of the highways.
D. 
Adequate parking areas shall be provided off the paved portion of the highway.
E. 
All produce stands shall be conducted in a neat and sanitary manner.
A. 
Chapter 1040 of the Laws of 1965 sets forth a whole new prodcedure required to be followed by each town, city, and village of the state to regulate automobile junkyards. This new law becomes § 136 of the General Municipal Law and is effective in the Town of Newfane. The statute defines a "junkyard" as:
". . . any place of storage or deposit, whether in connection with another or not, where two or more unregistered, old, or secondhand vehicles, no longer intended or in condition for legal use on the public highway, are held, whether for the purpose of resale of used parts therefrom for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or any other purpose, such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which taken together equal in bulk two or more such vehicles provided however, the term junk yard shall not construe to mean an establishment having facilities for processing iron, steel, or non-ferrous scrap and whose principal product is scrap iron, steel, or non-ferrous scrap for sale for remelting purposes only."
B. 
Any person wishing to conduct such a junkyard business must obtain a license and, in towns with zoning, a certificate approving the location of this yard, also.
C. 
Of special interest are the fencing requirements of this statute. Before use a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens and with a suitable gate which shall be closed and locked except during working hours of such junkyards or when the applicant or his agent shall be working within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business. All wrecking or other work on such motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure.
D. 
Where the topography, natural growth of timber or other considerations are adequate, the fencing requirement may be reduced by the Town Board upon granting the license. New junkyards may not be within 500 feet of a church, school, hospital, public building or place of assembly.
E. 
An already established yard owner must make an application for a license and pay the fee of $25 and get a license. His yard must meet the fencing and other requirements imposed on a new yard within three months.
[Amended 5-26-1999]
A. 
Cluster development is intended to encourage flexibility in the siting and subdivision design of residential development for the creation of attractive, economical and environmentally sound land use. This regulation allows for the clustering of residential development to preserve or protect land with unique natural characteristics or physical attributes, or to provide recreation opportunities for the community.
B. 
Cluster development shall be applicable in the AR, RR, R-1, R-2, R-3, VB and PRD Districts. Development within each district shall be subject to the uses, structures and dimensional requirements of the district where the cluster lies, except as provided herein. While generally limited to the cluster of housing, cluster development may also pertain to office and commercial structures in the VB District.
C. 
Any use of the cluster provisions as provided herein shall require the approval of the Planning Board pursuant to the regulation of the Town of Newfane Subdivision Ordinance. Cluster development may be required by the Planning Board as a condition of site development in order to conserve a specific area as defined in these regulations.
D. 
The following regulations shall apply to all cluster development as provided for in this section:
(1) 
Minimum development area. The minimum development area for cluster housing shall be five acres. The minimum development area may be reduced by the Planning Board for an additional cluster adjacent to an existing cluster development.
(2) 
Density of development. The maximum number of units allowed in a cluster shall not exceed the total density normally allowed on the parcel in the district where the cluster development is being applied.
(3) 
Utility services. Public sewer and water services shall be provided to all cluster development, regardless of the requirements of the zoning district.
(4) 
Conservation area or open space. A minimum of 40% of the gross acreage of the original tract(s) shall remain in conservation, recreation or open space and be dedicated as such. A covenant or deed restriction of the open space shall be provided, as acceptable to the Town Attorney, and recorded with the development instrument in the Clerk's office. Said covenant or deed restriction shall provide for the appropriate restriction of use and maintenance of the open space in accordance with its dedicated purpose. Conservation, open space or unique physical features required as a minimum to be retained for dedication shall be defined as suitable agricultural land, floodplains, wetlands, steep slopes (in excess of 25%), rock outcroppings, gorges, streams/rivers, caverns, woodlands and other natural areas.
(5) 
Buffer with surrounding uses. A buffer of 100 feet shall be provided between the cluster development and any lower or less intense zoning classification, except in the case of an adjoining or abutting cluster development.
(6) 
Access. All pedestrian and vehicle access and on-site circulation is to be provided by the developer as part of the cluster development and maintained by the residents of the development. Access to dedicated open space and recreation areas shall be required, as appropriate.
(7) 
Minimum dwelling area. The minimum size of any dwelling in a cluster development shall be 750 square feet; the average of all such dwellings in a cluster development shall be 900 square feet.
(8) 
Maximum height. The height of structures shall be governed by the district in which the cluster development lies.
(9) 
Minimum lot dimensional requirements. The minimum lot standard for cluster development shall be governed by the following schedule:
Standard
Zoning District
AR
RR
R-1
R-2
R-3/PRD
VB
Lot area (square feet)
40,000
20,000
12,000
6,000
4,000
3,000
Lot width (feet)
125
100
75
60
50
20
Setback (feet)
60
50
50
40
30
25
Side yard (combined/each) (feet)
15
10
15/5
10/0
10/0
0
Rear yard (feet)
45
35
30
25
20
0
Side/rear, accessory (feet)
10
10
5
5
5
0
[Amended 5-26-1999]
Attached dwellings or townhouses are herein regulated in addition to the provisions of the zoning districts to encourage the planned grouping of dwellings and provide for the common area and ancillary facilities to support the resulting density of development. These requirements form the minimum standards for townhouse development.
A. 
Grouping length. The maximum group length of townhouse units in a continuous or adjoining cluster is 120 feet or six contiguous units. There shall be an offset every two units of at least 10 feet in the exterior wall facing the street. This produces at least two offsets in groups of five or more and one offset in groups of three units.
B. 
Unit size. Every townhouse shall be 800 square feet or more in total livable floor area, and the average unit size of any townhouse cluster shall be 1,000 square feet.
C. 
Height. The maximum height of any townhouse shall be 2 1/2 stories, not to exceed 35 feet.
D. 
Minimum development area/density. The minimum area for any townhouse development shall be one acre, either as an individual use or cumulatively as part of a mixed development. Each townhouse unit shall have a lot area of 5,000 square feet reserved, of which 2,000 square feet is dedicated as common area for recreation and open space. Gross density of development shall not exceed 8.0 units per acre.
E. 
Street access. Each townhouse cluster or group shall have access to a public street via a paved public or private right-of-way accessible by emergency and service vehicles. Any recreation or open space dedicated for public use shall be similarly accessible to an improved public or private street.
F. 
Utility services. Townhouse units shall be served by public sewer and water. Utility services shall be separately provided to each unit, and heating, ventilation and air-conditioning systems shall be provided to each unit so that no townhouse will in any way be dependent on or through any other unit for such services or utilities.
G. 
Parking, drives and walks. A minimum of two off-street parking spaces shall be provided for each unit, either on the lot of each unit or in common parking areas available within 300 feet of the unit for which they are intended. All parking areas, drives, walkways and private streets shall be paved and provisions made for continual maintenance by the development. Walkways shall be provided along the street front of each townhouse group and linked to parking and recreation areas.
H. 
Recreation areas. Every townhouse development shall create and maintain a common recreation area for active and passive activities. Such areas may be provided within the development or in joint with a contiguous development, subject to approval of the Planning Board. The recreation area shall consist of a minimum of 800 square feet for each unit in the development and be not less than 1/2 acre in minimum area. Such areas shall be developed and maintained by the townhouse development.
I. 
Dimensional requirements. Townhouse development shall conform to the following minimum development standards:
(1) 
Minimum development width: 120 feet on a public street.
(2) 
Setback, development: 75 from a public right-of-way.
(3) 
Setback, unit: 12 feet from a private right-of-way.
(4) 
Minimum unit lot width: 20 feet; 25 feet for end units.
(5) 
Side yard, development: 20 feet; 50 feet from any other residential zoning.
(6) 
Side yard, cluster: 20 feet; 30 feet separation between buildings.
(7) 
Rear yard, development: 50 feet.
(8) 
Rear yard, cluster: 30 feet.
(9) 
Development coverage: maximum 40% of the total site.
[Amended 5-26-1999]
Mobile homes are herein regulated in addition to the provisions of the zoning districts to encourage the planned grouping of units with the infrastructure and services necessary to accommodate the density and type of units involved. These regulations provide for adequate recreation and common area and ancillary facilities to support the resulting density of development. These requirements form the minimum standards for mobile home park development.
A. 
Supplemental dimensional regulations.
(1) 
Area. The minimum area for any mobile home park shall be five acres. There shall be an identified lot for each mobile home within the park, which shall be a minimum of 4,000 square feet for each dwelling unit; provided, however, that every unit shall be served by public sewer and water services. Maximum density in a mobile home park shall be eight units per acre of total development.
(2) 
Lot width. The minimum width for each mobile home lot shall be 40 feet; except that for any mobile home unit greater than 12 feet in width, the minimum lot width shall be 60 feet.
(3) 
Lot coverage. The lot coverage of a mobile home, together with an expansion or accessory structure permitted thereto by this chapter, shall not exceed 25% of the total mobile home lot area.
(4) 
Yard areas. No mobile home shall be located within 15 feet of another mobile home; provided, however, that with respect to mobile homes parked end to end, the distance between mobile homes so parked shall be no less than 10 feet.
(5) 
Height. No mobile home shall exceed 14 feet in height nor shall any storage or other accessory structure permitted in this chapter exceed the height of any mobile home that it serves; utilities, television antennas and radio aerials exempted.
(6) 
Setback.
(a) 
The first lot within a mobile home park shall be located no less than 75 feet from any public right-of-way. In no case shall any structure be located closer to the street right-of-way than the setback line.
(b) 
Mobile homes within the park shall be set back no less than 30 feet from the right-of-way of any street, lane or driveway. In the case of a corner lot within the park, no mobile home shall be located closer than 20 feet to the right-of-way of the side street, lane or driveway.
(c) 
No structure in the MHP District shall be located closer than 50 feet to the lot line of an adjacent property that is in the Agricultural or Residential Districts.
B. 
Required improvements.
(1) 
Location. Each mobile home lot shall be located on a well-drained site to ensure rapid drainage and freedom from stagnant pools of water.
(2) 
Markers for mobile home lots. Every mobile home lot shall be clearly defined by markers posted and maintained in a conspicuous place on each lot corresponding to the number of each lot as shown on the site plan.
(3) 
Patio. A patio of 100 square feet shall be installed for each mobile home. Said patio shall be constructed of asphalt or concrete and shall be no less than three inches thick.
(4) 
Garbage container. Each mobile home lot within the park shall be provided with at least one tight-fitting, closed-top garbage or trash container, with disposal provided at a frequency to assure it will not overflow.
(5) 
Parking. Each mobile home park shall provide for adequate vehicle parking at the rate of two car spaces per mobile home lot, either on each lot or in common parking areas within the park conveniently located to the mobile home lot(s) served.
C. 
Streets.
(1) 
Minimum width. The minimum street, lane or driveway right-of-way on which an individual mobile home within a mobile home park fronts shall be 40 feet in width. In cases where the street, lane or driveway ends, a cul-de-sac with a minimum turning radius of 100 feet shall be constructed.
(2) 
Surface. All streets, lanes and driveways shall be surfaced and maintained for a width of 20 feet thereof with a durable dustproof surface. The minimum material that meets these requirements will be a two-shot bituminous treatment applied to a base of not less than six inches of compacted bank gravel or equivalent.
(3) 
Access to public street. All streets, lanes or driveways shall have unobstructed access to a public street or highway. Driveway entrances to a mobile home park from any public street or highway shall conform to the current construction standard for entrance drives of the New York State Department of Transportation.
D. 
Water and sewer facilities.
(1) 
Water supply. Each mobile home lot shall be provided with an adequate supply of public water as authorized by the Town of Newfane, which shall be furnished to each lot in conformance with all applicable laws, regulations, resolutions or ordinances. All water lines shall be constructed frost-free.
(2) 
Sewerage facilities. All waste and wastewater from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry from any mobile home lot or common area within the mobile home park shall be collected and conveyed to a public sewer system within the mobile home park which is installed in accordance with regulations and specifications of the Town of Newfane.
E. 
Lighting. Public areas of mobile home parks shall be adequately lighted so as to permit safe movement of vehicles and pedestrians at night.
F. 
Playgrounds. Each mobile home park shall provide park and/or playground space, specifically and exclusively for that purpose, at a rate of 2,000 square feet per mobile home lot and a minimum of 20,000 square feet per park. Playground and recreation areas may be consolidated with adjacent facilities of at least the size provided herein and subject to approval of the Planning Board.
G. 
Mobile home additions. No structure shall be affixed to any mobile home in a mobile home park nor shall any accessory structure be permitted on any mobile home lot except those structures as required by this chapter. The prohibition herein against any addition or accessory to a mobile home shall not apply to a canopy or awning designed for use with a mobile home nor to any expansion unit or accessory structure specifically manufactured for mobile homes.
H. 
Registrations.
(1) 
It shall be the responsibility of the park management to keep a register containing a record of all mobile home owners and occupants within the park. The register shall consist of the following information:
(a) 
The name and address of the owner; the make, model, year and registration number of the mobile home; and last place of location of each mobile home.
(b) 
The state where each mobile home is registered.
(c) 
The lot to which each mobile home is assigned.
(d) 
The date of arrival and departure of each mobile home.
(2) 
The mobile home park shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. A copy of said register shall be submitted to the Town Assessor of the Town of Newfane by December 31 of each year.
I. 
Site plan required. Before a building permit shall be issued or construction begun on any permitted use in this district, detailed site plans indicating compliance with the substantive provisions of this chapter shall be submitted to the Planning Board and approved in accordance with this chapter.