TOWN OF NORTH HARMONY
LOCAL LAW NO. __2___ FOR THE YEAR 2015
A LOCAL LAW TO LIMIT ACCESSORY STUCTURES IN R-1, R-2, R-3, R-4 & R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN
Be it enacted by the Town Board of the Town of North Harmony, Chautauqua County, New York, modifications to the Town of North Harmony Zoning Law as follows:
Section 1. INTENT
The Town Board of the Town of North Harmony, as the local legislative body with the authority to enact and amend zoning regulations, enact the modifications contained in this Local Law to the Town of North Harmony Zoning Law based upon the following findings:
It is the duty of the Town Board to encourage the most appropriate use of land within the Town of North Harmony;
The Town of North Harmony, and its inhabitants, will be best served if the Town strives to create a balanced and efficient pattern of land development that promotes economic stability and development; and
The modifications enacted by this Local Law, with the controls contained herein, will address the need for setback modifications in “R” Districts of higher density within the Town.
Section 2. AUTHORITY
This local law is adopted under the authority granted by:
Article IX of the New York State Constitution;
Section 3. ARTICLE II, SECTIONS 200 & 202 – DEFINITIONS – TOWN OF NORTH HARMONY ZONING LAW
The following definitions contained in Article II, Section 202 of the Town of North Harmony Zoning Law are modified as follows:
“ACCESSORY STRUCTURE OR USE: A use or structure which is subordinate and accessory to the principal structure on the same lot and is used for purposes customarily incidental to those of the principal use or structure. No accessory structure shall be altered or otherwise modified in a manner that would make it a dwelling unit, as defined by the North Harmony Zoning Law, and is not allowed to be in a front yard or exceed 16 feet in height. Accessory structures shall be limited to one structure per lot within the R-1, R-2, R-3, R-4 & R-5 Districts and located in a manner to conform to all minimum setback requirements of the zoning district in which it is located. Additional accessory structures may only be constructed on a lot within the R-1, R-2, R-3, R-4 & R-5 Districts if a special use permit is granted and all minimum setbacks requirements of the zoning district are met without a variance.”
NONCONFORMING LOT: Any lot lawfully existing in single and separate ownership at the effective date of this chapter or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. If such lot shall thereafter be held in the same ownership as an adjoining parcel, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.
“STORAGE STRUCTURE: Any constructed combination of materials located on, or attached to the ground
utilized for non-inhabited storage purposes. Used trucks and similar motor vehicles shall not be utilized as
storage structures. A storage structure shall be less than 150 square feet and twelve (12) feet in height, with
larger structures, such as a private garage, bathhouse, private swimming pool, private tool house, children’s
playhouse or a noncommercial greenhouse and other customary accessory uses, to be considered as
accessory structures or uses. Storage structures shall be limited to one per lot and shall conform to all minimum setback requirements of the zoning district in which it is located.
Section 4. ARTICLE IV, SECTION 403 – AREA STANDARDS – TOWN OF NORTH HARMONY ZONING LAW
The following setback standard modifications shall be made to Article IV, Section 403 of the Town of North Harmony Zoning Law:
Single Family Accessory Uses within the R-1, R-2, R-3, R-4 & R-5 Districts shall comply with a 10 foot side yard and rear yard setbacks except on waterfront lots. Single Family Accessory Uses on conforming waterfront lots in the listed districts shall adhere to the required setbacks for the principal structure on the lot or if attached to the principal use the setbacks in some cases may be varied according to the provisions of Section 807 of the Town of North Harmony Zoning Code.
Single Family Accessory Uses within the AR, A & C-1 Districts shall comply with a 10 foot side yard and 10 foot rear yard setback.
Single Family Accessory Uses within the TC-1& TC-4 Districts shall comply with a 5 foot side yard and 10 foot rear yard setback.
Accessory Uses within the I-1 District shall comply with a 10 foot side yard and rear yard setback.
A storage structure as defined in §202 shall be permitted in the rear or side yard of a lot . Storage structures that are located on lots in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 5 feet. This relief shall be granted for one storage structure per lot. Storage structures on waterfront lots shall be subject to a 10 foot minimum side and rear yard setback.
A nonconforming lot of less than 40,000 square feet in the R-1, R-2, R-3, R-4 or R-5 Zoning Districts, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or an accessory use building or storage structure only, may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Chautauqua County or by a corporation duly licensed to examine and insure title to real property in Chautauqua County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions as follows:
If the lot width is less than required in Section 403 of this law, the corresponding side setbacks may be reduced to the same percentage that the lot width bears to the zoning district requirements, except that in no case shall the side yard setbacks be reduced to less than 5 feet.
To calculate the required setbacks for nonconforming lots of less than 40,000 square feet
(Existing Lot Width ÷Required Lot Width) X Required Side Yard Setback
Example: In an R-1 Zoning District with a 20 foot side setback for primary use
Existing
Required
Lot Width 1
50 feet
100 feet
Lot Width 2
30 feet
100 feet
To calculate Lot 1 side yard setback (50 feet ÷100 feet) X 20= 10 feet (greater than 5 feet) so = 10.0 feet
To calculate Lot 2 side yard setback (30 feet ÷100 feet) X 20= 6 feet(greater than 5 feet) so = 6.0 feet
Section 5. SAVINGS CLAUSE.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 6. _ EFFECTIVE DATE.
This local law shall take effect immediately upon filing with the Secretary of State.
Adopted: 12/14/2015
