Town of North Collins, NY
Erie County
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Table of Contents
Table of Contents
A. 
Permitted principal uses and structures shall be as follows:
(1) 
Single-family dwellings.
(2) 
Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.
(3) 
Private, nonprofit, elementary or secondary schools accredited by the New York State Department of Education.
(4) 
Public libraries.
(5) 
Fire stations without club facilities.
(6) 
Golf courses, except miniature golf courses and practice driving ranges operated as individual commercial enterprises, including accessory buildings, structures and uses which are necessary for or customary to golf course operation; provided, further, that no building or structure shall be less than 100 feet from any street line or any other lot in an R District.
B. 
Permitted accessory uses and structures shall be as follows:
(1) 
Accessory uses and structures customarily incidental to permitted principal uses.
(2) 
Private garages or off-street parking spaces (See Article VIII.), including the parking of not more than one commercial vehicle, provided that the vehicle is used by the occupant of the premises, does not exceed 3/4 ton's rated capacity and is stored within a completely enclosed building.
(3) 
Storage, only in an enclosed building, of house trailers, utility trailers or boats owned by the occupant of the premises for his personal use.
(4) 
Buildings for private horticultural purposes.
(5) 
Private swimming pools, provided that they are located in the rear of the front setback line and do not occupy any part of a required side yard. In the case of any private, nonmovable swimming pool more than 24 inches in depth, the pool deck or the immediate surrounding yard shall be completely enclosed by a chain-link fence or a substitute type of fence approved by the Code Enforcement Officer which offers the same degree of security against accidental or unauthorized entry. Such fence shall be at least five feet in height, and entrance gates shall be kept locked when no one is on the premises.
(6) 
Offices or studios of resident medical or osteopathic physicians, dentists, physiotherapists, chiropodists, podiatrists, chiropractors, lawyers, engineers, architects, accountants, insurance agents, real estate agents, artists, musicians and teachers, provided that:
[Amended 12-4-1991 by L.L. No. 2-1991]
(a) 
Such use shall be located within a dwelling and shall be clearly incidental to the primary residential use.
(b) 
Not more than one additional person shall be employed on said premises as an assistant to the occupant.
(c) 
Such use shall not include the confinement of any person under care or treatment.
(7) 
The storage of gasoline or similar flammable liquids in quantities not to exceed 10 gallons. Such limitation shall not apply to fuel oil used for heating purposes on the premises.
(8) 
Signs, as follows and in accordance with Chapter 200, Signs:
[Amended 12-4-1991 by L.L. No. 2-1991]
(a) 
Identification signs. One nonilluminated sign not exceeding two square feet in area and indicating only the name and address of the occupant or a permitted occupation. Such sign may be attached to a building or may be on a separate support not more than four feet in height and shall be at least five feet from any property line or street line.
(b) 
Real estate signs.
[1] 
One nonilluminated sign not exceeding six square feet in area and advertising only the prospective sale or rental of the premises on which such sign is located. Such sign shall not be placed within 10 feet of any property line or street line.
[2] 
One nonilluminated sign not exceeding 50 square feet in area in connection with the development or subdivision of real property. Such sign shall be permitted for a period of not to exceed one year and shall not be placed within 25 feet of any lot line or street line.
(c) 
Institutional signs. One nonilluminated church, school or other institutional bulletin board or identification sign not exceeding 16 square feet in area. Such sign shall not be placed within 10 feet of any property line or street line.
(d) 
Public signs. Any signs placed by any governmental agency for a public purpose.
C. 
Minimum lot size. Unless otherwise provided, the minimum lot size shall be as specified in this subsection:
(1) 
The lot area shall be as follows:
(a) 
Eight thousand five hundred square feet where the lot is served by a public sewer.
(b) 
Twenty thousand square feet where the lot is not served by a public sewer.
(2) 
The lot width at the building line shall be as follows:
(a) 
Eighty-five feet where a lot is served by a public sewer.
(b) 
One hundred feet where a lot is not served by a public sewer.
D. 
Maximum height of buildings. Unless otherwise provided, the maximum permitted height of buildings shall be as specified in this subsection:
(1) 
Single-family dwelling: 2 1/2 stories, not to exceed 30 feet.
(2) 
Other principal buildings: as regulated by yard requirements.
(3) 
Accessory buildings: one story, not to exceed 12 feet.
E. 
Required yards. Unless otherwise provided, the minimum required yards and other open spaces shall be as specified in this subsection:
(1) 
Front yard: 40 feet.
(2) 
Side yards (two required):
(a) 
Single-family dwellings. The minimum width of any side yard shall equal 10% of the lot width but need not exceed 10 feet. The total width of both side yards shall equal 25% of the lot width, but the total width of side yards need not exceed 25 feet.
(b) 
Other principal buildings. Except as otherwise provided, each side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater; provided, however, that when a side yard adjoins a lot in any district other than an R District, such side yard shall equal 15 feet or a distance equal to 1/2 the height of the principal building, whichever is greater.
(3) 
Rear yard. Except as otherwise provided, a rear yard equal to 25% of the lot depth shall be required; provided, however, that no rear yard shall have a depth less than 20 feet or a distance equal to the height of the principal building, whichever is greater.
(4) 
Open space between principal buildings on a single lot. No vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than a distance of 30 feet or a distance equal to the average height of such vertical walls measured from the adjoining finished grade, whichever is greater.
F. 
Off-street parking reference. For applicable off-street parking regulations, see Article VIII.
G. 
Supplemental regulations reference. For applicable supplemental regulations pertaining to use, height, area or open space, see Article IX.
A. 
Permitted principal uses and structures shall be as follows:
(1) 
Principal uses and structures permitted in the R-1 District.
(2) 
Two-family dwellings.
(3) 
Multifamily dwellings.
(4) 
Dwelling groups, subject to a site plan approved by the Town Board.
(5) 
Hospitals or institutions of a religious, charitable or philanthropic nature, provided that they are not used primarily for contagious diseases, mental patients, epileptics, drug or liquor addicts or for penal or correctional purposes. Such principal buildings shall be at least 50 feet from any other lot in any R District.
(6) 
Nursery schools, subject to side yard requirements for other principal buildings.
(7) 
Nursing or convalescent homes, subject to side yard requirements for other principal buildings.
B. 
Permitted accessory uses and structures shall be as follows:
(1) 
Accessory uses permitted and as regulated in the R-1 District.
(2) 
Accessory uses and structures customarily incidental to permitted principal uses.
(3) 
Accommodations for not more than three roomers or lodgers within a dwelling.
C. 
Minimum lot size. Unless otherwise provided, the minimum lot size shall be as specified in this subsection:
(1) 
The lot area shall be as follows:
(a) 
Minimum lot area.
[1] 
Seven thousand two hundred square feet where the lot is served by a public sewer.
[2] 
Twenty thousand square feet where a lot is not served by a public sewer.
(b) 
Two-or-more-family dwellings:
[1] 
Five thousand square feet per dwelling unit where the lot is served by a public sewer.
[2] 
Ten thousand square feet per dwelling unit where the lot is not served by a public sewer.
(2) 
The lot width at the building line shall be as follows:
(a) 
Where a lot is served by a public sewer: 60 feet for one dwelling unit, plus an additional 20 feet for each dwelling unit over one, but it need not exceed 100 feet.
(b) 
Where a lot is not served by a public sewer: 100 feet.
D. 
Maximum height of buildings. Unless otherwise provided, the maximum height of buildings shall be as specified in this subsection:
(1) 
Single-family or two-family dwellings: the same as the R-1 District.
(2) 
Other principal buildings: as regulated by side yard requirements.
(3) 
Accessory buildings: the same as the R-1 District.
E. 
Required yards. Unless otherwise provided, the minimum required yards and other open spaces shall be as specified in this subsection:
(1) 
Front yard: 30 feet.
(2) 
Side yards (two required):
(a) 
Dwellings up to 30 feet in height. The minimum width of any side yard shall equal 10% of the lot width but need not exceed 10 feet. The total width of both side yards shall equal 25% of the lot width, but the total width of side yards need not exceed 25 feet.
(b) 
Other principal buildings. Each side yard shall equal 15 feet or a distance equal to 1/2 the height of the principal building, whichever is greater; provided, however, that when a side yard adjoins a lot in an R District, such side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater.
(3) 
Rear yard: the same as required in the R-1 District.
(4) 
Open space between principal buildings on a single lot: the same as required in the R-1 District.
F. 
Off-street parking reference. For applicable off-street parking regulations, see Article VIII.
G. 
Supplemental regulations reference. For applicable supplemental regulations pertaining to use, height, area or open space, see Article IX.
[Added 4-9-1975 by L.L. No. 1-1975]
A. 
Permitted principal uses and structures shall be as follows:
(1) 
Principal uses and structures permitted in the R-2 District.
(2) 
Licensed mobile home courts as defined by the Town of North Collins pursuant to the local laws and regulations of the Town of North Collins[1] and as amended by the Town Board of the Town of North Collins.
[1]
Editor's Note: See also Ch. 153, Mobile Homes.
B. 
Permitted accessory uses and structures shall be as follows:
(1) 
Other than in a licensed mobile home court, accessory uses and structures permitted and as regulated in the R-2 District.
(2) 
In a licensed mobile home court, accessory uses and structures as defined and provided for in the mobile home court regulations and local laws of the Town of North Collins.[2]
[2]
Editor's Note: See also Ch. 153, Mobile Homes.
C. 
Minimum lot sizes. Unless otherwise provided, the minimum lot sizes shall be as specified in this subsection:
(1) 
The lot area shall be as follows:
(a) 
For permitted uses and structures other than in a licensed mobile home court, as regulated in the R-2 District.
(b) 
In a licensed mobile home court, as provided for in the mobile home court regulations and local laws of the Town of North Collins.
(2) 
The lot width at the building line shall be as follows:
(a) 
For permitted uses and structures other than in a licensed mobile home court, as regulated in the R-2 District.
(b) 
In a licensed mobile home court, as provided for in the mobile home court regulations and local laws of the Town of North Collins.[3]
[3]
Editor's Note: See also Ch. 153, Mobile Homes.
D. 
Maximum height of buildings. Unless otherwise provided, the maximum height of buildings shall be as specified in this subsection:
(1) 
For permitted uses and structures other than in a licensed mobile home court, as regulated in the R-2 District.
(2) 
In a licensed mobile home court, as provided for in the mobile home court regulations and local laws of the Town of North Collins.
E. 
Required yards. Unless otherwise provided, the minimum required yards and other open spaces shall be as specified in this subsection:
(1) 
For permitted uses and structures other than in a licensed mobile home court, as regulated in the R-2 District for front yard, side yards, rear yard and open space between principal buildings on a single lot.
(2) 
In a licensed mobile home court, as provided for in the mobile home court regulations and local laws of the Town of North Collins.[4]
[4]
Editor's Note: See also Ch. 153, Mobile Homes.
F. 
Off-street parking reference.
(1) 
For applicable off-street parking regulations pertaining to permitted uses and structures other than in a licensed mobile home court, see Article VIII.
(2) 
For applicable off-street parking regulations pertaining to a licensed mobile home court, refer to the mobile home court regulations[5] and local laws of the Town of North Collins.
[5]
Editor's Note: See also Ch. 153, Mobile Homes.
G. 
Supplemental regulations reference.
(1) 
For applicable supplemental regulations pertaining to use, height, area or open space for permitted uses and structures other than in a licensed mobile home court, see Article IX.
(2) 
For applicable supplemental regulations pertaining to a mobile home court, refer to the mobile home court regulations and local laws of the Town of North Collins.[6]
[6]
Editor's Note: See also Ch. 153, Mobile Homes.
A. 
Permitted principal uses and structures shall be as follows:
[Amended 4-9-1975 by L.L. No. 1-1975]
(1) 
Principal uses and structures permitted in the R-1 District.
(2) 
Two-family dwellings.
(3) 
Agricultural, floricultural and horticultural pursuits, including but not limited to general farms, greenhouses, plant nurseries, truck gardens, dairy husbandry and the raising of bees, poultry and livestock, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits, provided that buildings, pens and runways for the confinement of livestock or poultry shall be at least 100 feet from any property line in an R District and no manure or other odor- or dust-producing substance shall be stored within 100 feet of any lot line.
(4) 
Forest farming.
(5) 
Veterinarians, small-animal hospitals, riding stables, and the keeping of small animals, including fur-bearing animal farms; provided, however, that buildings, pens or runways for the confinement of animals shall be at least 100 feet from any property line in an R District and no manure or other odor- or dust- producing substance shall be stored within 100 feet of any lot line. The above- mentioned distance restriction shall not apply to pasture or exercise tracks for horses.
[Amended 11-5-1997 by L.L. No. 2-1997]
(6) 
Private wildlife reservations or conservation projects, including the customary buildings and structures therefor.
(7) 
Cemeteries, including mausoleums, provided that mausoleums shall be a distance of at least 200 feet from any street line in any adjoining R-1 or R-2 District and that any new cemetery shall contain a single continuous area of at least 15 acres.
(8) 
Picnic grounds or groves for which a fee or rental is charged for use of the premises, excluding all amusement devices other than customary playground apparatus.
(9) 
Nonprofit private clubs, including club swimming pools, catering exclusively to members and their guests.
(10) 
The following uses by special use permit authorized by the Town Board in accordance with the provisions of Article XIII:
[Added 8-6-1980 by L.L. No. 2-1980; amended 5-1-1996 by L.L. No. 2-1996; 11-5-1997 by L.L. No. 2-1997; 12-19-2003 by L.L. No. 2-2003]
(a) 
Ham or commercial radio or television transmission facilities where a federal license is required.
(b) 
Gun clubs.
(c) 
Recreational vehicle parks.
(d) 
Kennels.
B. 
Permitted accessory uses and structures shall be as follows:
(1) 
Accessory uses permitted and as regulated in the R-2 District.
(2) 
Accessory uses and structures customarily incidental to permitted principal uses.
(3) 
Refreshment stands dispensing food and nonalcoholic beverages incidental to the operation of a commercial picnic grove.
(4) 
Temporary stands for the sale and display of agricultural products grown on the premises. Any stand used for the sale and display of such products shall contain not more than 200 square feet of floor area and shall be set back at least 20 feet from the street line. Not more than two nonilluminated signs, each not exceeding six square feet in area, shall be permitted to advertise the sale of said products, in accordance with Chapter 200, Signs.
[Amended 12-4-1991 by L.L. No. 2-1991]
C. 
Minimum lot size. Unless otherwise provided, the minimum lot size shall be as specified in this subsection:
(1) 
The lot area shall be as follows:
(a) 
Minimum: 20,000 square feet.
(b) 
Per dwelling unit: 5,000 square feet.
(2) 
The lot width at the building line shall be 100 feet.
D. 
Maximum height of buildings. Unless otherwise provided, the maximum height of buildings shall be as specified in this subsection:
(1) 
Dwellings: as regulated in the R-2 District.
(2) 
Other principal buildings: as regulated in the R-1 District.
[Amended 4-9-1975 L.L. No. 1-1975]
(3) 
Clubs: three stories, not to exceed 35 feet.
(4) 
Accessory buildings: same as the R-2 District.
(5) 
Farm buildings: no limit.
E. 
Required yards. Unless otherwise provided, the minimum required yards and other open spaces shall be as specified in this subsection:
(1) 
Front yard: 100 feet.
[Amended 12-4-1991 by L.L. No. 2-1991]
(2) 
Side yards (two required): as regulated in the R-1 District.
(3) 
Rear yard: as regulated in the R-1 District.
F. 
Off-street parking reference. For applicable off-street parking regulations, see Article VIII.
G. 
Supplemental regulations reference. For applicable supplemental regulations pertaining to use, height, area or open space, see Article IX.
A. 
Permitted principal uses and structures shall be as follows:
(1) 
Principal uses and structures permitted in the R-2 District.
(2) 
Where a lot in the R-C District abuts an R-A District boundary, principal uses and structures as permitted and regulated in the R-A District, excluding those uses and structures requiring a special use permit in the R-A District.
(3) 
Telephone exchanges.
(4) 
Real estate or insurance offices.
(5) 
Mortuaries.
(6) 
Art, dance, music or photographer studios.
(7) 
Opticians or optometrists.
(8) 
Bed-and-breakfast establishments.
[Amended 12-4-1991 by L.L. No. 2-1991]
(9) 
Fire stations with club facilities.
(10) 
Meeting rooms for private clubs, lodges or fraternal organizations.
(11) 
Medical and/or dental buildings, clinics and laboratories.
(12) 
Other administrative, professional or executive offices, but not including the handling, repairing, processing, keeping, displaying, selling, manufacturing, servicing or storing of any goods or merchandise upon the premises.
(13) 
Trade or industrial schools.
(14) 
Motels, provided that no eating or drinking establishment is included on the premises.
B. 
Permitted accessory uses and structures shall be as follows:
(1) 
Accessory uses permitted in the R-2 District without the limitations on accessory offices within a dwelling.
(2) 
Accessory uses to R-A principal uses permitted in the R-C District.
(3) 
Unless otherwise specified, accessory uses and structures customarily incidental to permitted principal uses.
(4) 
Restaurants, newsstands, pharmacies or other incidental services in connection with hospitals, medical buildings or nonprofit institutions, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be permitted.
(5) 
Restaurants with or without bar facilities to dispense alcoholic beverages in connection with any club facilities, lodges or fraternal organizations.
(6) 
Signs, as regulated in the R-1 District and as regulated by Chapter 200, Signs, except that one identification sign, not exceeding 10 square feet in area, for a business or profession conducted on the premises shall be permitted. Such sign may be illuminated by a nonflashing indirect source of light from a concealed location.
[Amended 12-4-1991 by L.L. No. 2-1991]
C. 
Minimum lot size. Unless otherwise provided, the minimum lot size shall be as specified in this subsection:
(1) 
The lot area shall be as follows:
(a) 
Dwellings: the same as the R-2 District.
(2) 
The lot width at the building line shall be as follows:
(a) 
Dwellings: the same as the R-2 District.
D. 
The maximum height of buildings shall be as regulated in the R-2 District.
E. 
Required yards shall be as regulated in the R-2 District, except that the minimum front yard shall be 40 feet.
F. 
Off-street parking reference. For applicable off-street parking regulations, see Article VIII.
G. 
Supplemental regulations reference. For applicable supplemental regulations pertaining to use, height, area or open space, see Article IX.