In order to provide adequate open space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, to lessen congestion on streets, and to meet the other purposes established in this chapter pursuant to Article I, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this Article.
The following schedule of density and control regulations, and specific district dimensions and density requirements contained in Article VI of this chapter, are hereby adopted and declared to be part of this chapter.
Table 405-402
Zoning Districts Area Standards Summary Table
District/Type of Use
Minimum Lot Size
(square feet)
Maximum Lot Coverage
Minimum Lot Width
(feet)
Setbacks
Structure
Front yard
(feet)
Side Yards
(feet)
Rear Yard
(feet)
Minimum Floor Space
(square feet)
Maximum Building Height
(feet)
RHD
Residential High-Density
Single-family (primary use)
10,000*
35%
150
50
10
30
1,000
35
Single-family (accessory)
—
—
—
—
10
10
—
16
Nonresidential (primary use)
10,000*
35%
150
50
10
30
1,000
35
Nonresidential (accessory)
—
—
—
—
10
10
—
16
RM
Residential Medium-Density
Single/duplex family
20,000* per unit
35%
100
50
20
50
1,000
35
Single/duplex - family (accessory)
—
—
—
—
10
10
—
16
Nonresidential (primary use)
20,000* per use
35%
—
50
20
50
1,000
35
Nonresidential (accessory)
—
—
—
—
10
10
—
16
RA
Residential/Agricultural
Single-family (primary use)
2 acres
35%
200
50
20
30
1,000
35
Single-family (accessory)
—
—
—
—
10
10
—
16
Nonresidential (primary use)
—
25%
—
50
20
30
1,000
35
Nonresidential (accessory)
—
—
—
—
10
10
—
16
CA
Conservation Agriculture
Single-family (primary use)
2 acres
20%
250
50
40
50
1,000
35
Single-family (accessory)
—
—
—
—
10
10
—
25
Nonresidential (primary use)
2 acres
20%
250
50
40
50
1,000
35
Nonresidential (accessory)
—
—
—
—
10
10
—
25
CAMP
CA Mobile Home Park
Single-family (primary use)
2 acres
20%
200
50
20
50
700
35
Single-family (accessory)
—
—
—
—
10
10
—
25
Nonresidential (primary use)
2 acres
20%
200
50
20
50
700
35
Nonresidential (accessory)
—
—
—
—
10
10
—
25
CMR
Commercial Residential
Single-family (primary use)
22,000
35%
125
50
15
50
1,000
40
Single-family (accessory)
—
—
—
—
10
10
—
20
Nonresidential (primary use)
22,000
35%
125
50
15
50
1,000
40
Nonresidential (accessory)
—
—
—
—
10
10
—
20
C
Conservation
Park/habitat
3 acres
10%
250
100
50
50
—
20
LC
Lakeshore Commercial
Single-family (primary use)
1 acre
65%
80
30
12
15
1,000
35
Single-family (accessory)
—
—
—
—
12
15
—
20
Nonresidential (primary use)
1 acre
65%
80
30
12
15
1,000
35
Nonresidential (accessory)
—
—
—
—
12
15
—
20
LMR
Light Manufacturing/Research and Development
Single-family (primary use)
87,120 (2 acres)
—
200
50
25
50
1,000
30
Single-family (accessory)
—
—
—
50
10
10
—
20
Multifamily (primary use)
80,000 + 10,000/unit
—
200 + 10/unit
50
30 + 3/unit
50
650
30
Multifamily (accessory)
—
—
—
50
5 + 2/unit
20
—
20
Nonresidential (primary use)
—
25%
—
50
20
50
—
30
Nonresidential (accessory)
—
—
—
50
5
5
—
20
I
Industrial
Nonresidential (primary use)
2 acres
60%
300
50
35
100
—
40
Nonresidential (accessory)
—
—
—
50
35
100
—
40
Notes:
(1)
Parcels located in the Hamlet (H), Lakeside Residential (LR) or Highway Commercial (HC) Districts must comply with the density and dimensional requirements contained within Article VI of this chapter.
*
Lots without direct connections or access to public sewer and water must be at least 40,000 square feet in accordance with the Chautauqua County Department of Health Regulations.
Both street sides of a corner lot shall be treated as front yards in the application of bulk and area requirements.
The height limitation of this chapter shall not apply to parapet walls or cornices, radio or television antennae, public utility transmission towers or cable, church spires, belfries, cupolas, silos, penthouses (equipment building on flat roof), and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, windmills, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.
A. 
The following projections into required yards may be permitted:
(1) 
Open fire escapes: four feet into required side or rear yard.
(2) 
Awnings or movable canopies: six feet into any required yard.
(3) 
Cornices, eaves and other similar architectural features: three feet into any required yard.
B. 
Any open or enclosed porch shall be considered a part of the building in the determination of the size of the yard or lot coverage.
C. 
Projections into side yard may not occur if the side yard is less than 10 feet.
In an existing neighborhood where structures are not set back from the edge of the road and the distance specified by this chapter, it shall be determined by the Enforcement Officer what appropriate setback will be permitted by new construction or by alterations to existing structures in order to aesthetically blend with existing adjacent structures. The varied setback will be based on the average of the setbacks of the two adjacent structures minus up to five feet. Any variation requested which is in greater variation than that permitted by this rule will require an area variance.
Unless otherwise specified in this chapter, there shall be only one principal building per lot.
A. 
Division of lots. No lot improved with a building or buildings shall hereafter be divided into two or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each such division or sale and improved with a building or buildings shall not be less conforming to all the bulk regulations of the zoning district in which the property is located. However, any portion of a parcel may be removed if it is to be used with an adjacent parcel and the original parcel continues to conform to the bulk regulations.
B. 
Contiguous parcels. When two or more parcels of land are contiguous, and are held in one ownership, they may be used as one building lot if combined and the resulting lot meets the size requirements of the district. If not combined, a single parcel may be built upon if the parcel meets the size requirements of the district and all district front, side and rear yard setbacks can be met for the parcel containing the structure. See General Provision on Existing Substandard Sized Lots.[1]
[1]
Editor's Note: See § 405-1005, Existing substandard lots.