In order to provide adequate open spaces for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this section.
190-11. Density Control Schedule. [Amended 6-21-2007 by L.L. No. 1-2007]
The attached schedule of density control regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the “Density Control Schedule.” “Front lot” shall mean the portion of the lot facing the street for all properties not abutting Sodus Bay or Lake Ontario. For all properties abutting Sodus Bay or Lake Ontario, the water side shall be considered the front of the property.
Maximum Lot Maximum Building
I See cluster development regulations, § 190-27.
2 See manufactured home and manufactured home park regulations, §§ 190-42 through 190-48.
190-12. Corner lots.
Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
190-13. Projections into required yards.
Any open or closed porch or carport shall be considered a part of the building in the determination of size of the required yard or lot coverage. Accessory uses not enclosed in a building may be located in a rear yard in accordance with § 190-11.
§ 190-14. Exceptions to height regulations.
Building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building.
§ 190-15. Compliance with minimum average density; yard restrictions.
(A) In all districts where residences are permitted, a lot held in single ownership may be improved for residential bulk regulations for each district as set forth in the Density Control Schedule, § 190-11, provided that there shall be no more than one principal building and use on each lot. If two or more principal residential structures are located on the same lot, the minimum average density requirement must be complied
(B) A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot as subdivided will form two or more lots, any of which shall not be in compliance with the requirements for the minimum average residential density for the district in which lot or lots are situated.
(C) Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are of less than the specified minimum lot requirements of this chapter for the district in which such lot is located may be considered as complying with such minimum lot requirements and no variance shall be required, provided that1.Two or more adjoining substandard lots owned by the same person or entity shall be considered merged into one lot for the purposes of lot sizes, area and setback restrictions contained in this chapter. Once two or more substandard lots are merged so as to have taken benefit of this provision, said lots shall not thereafter be
(1) Two or more adjoining substandard lots owned by the same person or entity shall be considered merged into one lot for the purposes of lot sizes, area and setback restrictions contained in this chapter. Once two or more substandard lots are merged so as to have taken benefit of this provision, said lots shall not thereafter be subdivided.
(2) The following minimum yard setback requirements are maintained for residences:
(a) Each side lot must not be less than 10% of the average lot width, and in no event shall the minimum side lot setback be less than five feet.
(b) Rear yard setback must be a minimum of 12 1/2 feet, except for all waterfront lots which shall require a twenty-five-foot rear lot setback.
(c) Front yard setbacks must be pursuant to § 190-11 of this chapter.
(3) In addition to the requirements of this chapter, the placement of all structures shall comply with the New York State Coastal Erosion Management regulations contained in 6 NYCRR Part 505.
(4) All existing undersized lots are exempt from the maximum lot coverage regulations as stated in the Density Control Schedule but must comply with the setback requirements as stated in § 190-15C(2).
(D) An enclosed utility building for the storage of lawn and garden equipment, not exceeding 100 square feet of floor area or more than 12 feet in height, may be erected behind the rear building line of any dwelling, but not closer than five feet to any rear or side set lot line, provided that such building shall not be used for any home occupation or commercial use.
§ 190-16. Side yards for semidetached or townhouses.
Side yards for semidetached or townhouses shall be required at the ends of the total structure only.
§ 190-17. Minimum living area for dwelling units.
- All apartments constructed new or created from existing structures through renovation, remodeling or addition shall have a living area which conforms to the following minimum sizes:
- Studio: 550 square feet. (NOTE: No more than 25% of any apartment complex may be studio )
- One-bedroom: 675 square
- Two-bedroom: 800 square
- Three-bedroom: 950 square
R Condominiums. All condominiums constructed new or created from existing structures through renovation, remodeling or addition shall have a living area which conforms to the following minimum sizes:
One-bedroom: 750 square
Two-bedroom: 850 square feet
Three-bedroom: 950 square
190-18. Damage or loss within any district.
Any building which is demolished or sustains damage amounting to 50% or more of the property’s value may be rebuilt on the original foundation, excepting that said structure may not encroach upon any adjoining property, and that construction must begin within one year of the loss.
§ 190-19. Residential houses in I, LCR or WC Districts.
Residential houses built in the industrial, limited commercial/residential, or waterfront commercial areas must comply with residential regulations.