Town of Clarence, NY Article V A-RR Agricultural Rural Residential

§ 229-36 Intent.

Agricultural Rural Residential Districts are intended to accommodate low-density residential development. Lot size and density is primarily determined by access to public or community water and sewer infrastructure. The intent of this district is to maintain a rural boundary, preserving agricultural, open space, and forested areas on the perimeter of Clarence in order to transition from vacant or idle land to rural residential uses consistent with the planned growth objectives of the Town.

§ 229-37 Permitted uses.

A. Single-family homes.

B. Modular homes.

C. Home occupations.

D. Customary agricultural operations.

E. Golf courses.

F. Churches (under 10,000 square feet).

G. Parks.

H. Playgrounds.

I. Schools.

J. Riding academies.

K. Cemeteries.

L. Greenhouses or nurseries.

§ 229-38 Uses permitted with a special exception use permit.

A. Bed-and-breakfast inns.

B. Turf farming.

C. Expanded home occupations.

D. Beauty salon or parlor.

E. Rooming or boarding houses.

F. Telecommunications towers.

G. Secondary living units.

H. Churches (over 10,000 square feet).

§ 229-39 Lot provisions.

[Amended 2-14-2007 by L.L. No. 1-2007]

A. Lots platted prior to March 9, 2005 shall be a minimum of 32,670 square feet for single-family lots (subject to increase by the Erie County Health Department).

B. All lots platted after March 9, 2005 shall adhere to the following lot size provisions. Minimum: 1.33 acres for a single-family lot (subject to increase by the Erie County Health Department).

§ 229-40 Lot width.

[Amended 2-14-2007 by L.L. No. 1-2007]

A. All lots must front along a minimum of 150 feet of publicly dedicated right-of-way in order to be built on. Corner lots must have a minimum of 200 feet of publicly dedicated right-of-way on each public street.

B. Minimum lot width at building line: 150 feet for single-family homes. (Exception: For any lot platted and recorded in the Erie County Clerk's office prior to March 9, 2005, minimum lot width shall be 100 feet.)

§ 229-41 Setbacks.

A. Setbacks shall be equal to the average setbacks for principal buildings on the same side of the street within 500 feet. Building and street facades shall extend parallel to front property lines. The Zoning Board of Appeals shall determine frontage for irregularly shaped lots.

B. Where there are no such buildings, minimum setbacks shall be as follows:

(1) Front: 45 to 200 (maximum) feet.

(2) Side: 15 feet.

(3) Rear: 45 feet.

C. No front yard setback line established by the Code Enforcement Officer may vary more than 10 feet except upon application and approval of the Zoning Board of Appeals.

D. Side yards which abut a public or private street shall have the same minimum setback as the front yard setback.

E. Minimum side yards for side load garages shall extend no closer than 28 feet to the side lot line.

F. There shall be a minimum of a three-foot setback requirement from any lot line along a driveway for required drainage.

§ 229-42 Building size.

The minimum building size for principal structures shall be 1,000 square feet for a single-family unit.

§ 229-43 Building height.

A. The vertical distance from the mean elevation of the finished grade of the frontage street to the ridgeline.

(1) All uses: 35 feet.

B. Exceptions: roof equipment and structures not intended for human occupancy and which are necessary to the building upon which they are placed.

§ 229-44 Accessory structures.

[Amended 2-14-2007 by L.L. No. 1-2007]

A. The following uses are permitted within outbuildings:

(1) Parking facilities.

(2) Gazebos.

(3) Pool houses.

(4) Equipment enclosures.

(5) Agricultural support structures.

(6) Saunas.

(7) Workshops.

(8) Conservatories.

(9) Permitted home occupations.

B. Trash containers, mechanical equipment and outdoor storage shall be located only within the rear yard or side yard and be screened from public view.

C. Mailboxes, newspaper boxes, walls, fences, birdhouses, flagpoles, pump covers, and school bus shelters may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only.

D. A principle structure must be erected before an accessory structure will be permitted on any lot.

E. Accessory structures may only occur in side and rear yards.

F. Dimension and area requirements.

(1) Maximum height: 35 feet.

(2) Minimum side yard setback: 10 feet; five feet if in rear yard and 200 gross square footage area or less.

(3) Minimum rear yard setback: 25 feet; five feet if in rear yard and 200 gross square footage area or less.

(4) Minimum setback from principal structure: six feet.

§ 229-45 Lot coverage.

The maximum building footprint for any residential lot shall not exceed 10% of the entire lot area. The building footprint shall include all aspects of the principal structure under a roof and over a foundation, excluding exposed porches and including attached garages. This footprint shall not include any accessory buildings or detached garages which meet requirements as herein stipulated.