§ 355-70. Minimum dwelling unit size.

A. 

Livable floor area.

(1) 

No building permit shall be issued for the construction of a new dwelling in any zoning district unless the building plans indicate that each dwelling unit contains at least the required livable floor area set forth in the following schedule:

	District	Required Livable Floor Area (square feet)
	R-4A	1,600
	R-2A	1,400
	R-1.5A	1,300
	R-3/4A	1,000
	R-1/2A	900
	R-10	900
	R-5	800
	Business zones where residence is permitted	800
	R-2F	800
	R-MF	As in § 355-24I(6)

(2) 

"Livable floor area" shall include all floor area used for human occupancy within the exterior walls of the proposed dwelling above first-floor beams, excluding therefrom open porches, storage room or utility room for furnace, hot-water heater, water storage tank or fuel storage tank, or breezeway or garage.

B. 

Nonconformance with the applicable minimum square feet. Where it appears by the affidavit of the owner and by the supporting certificate of the owner's registered architect or civil engineer, in form as prescribed by the Town Board, that a majority of the constructed dwellings within 500 feet of the proposed dwelling and within the same zoning district do not conform to the applicable minimum square-foot area therein, the Building Inspector may issue a building permit for a floor area equal to the average livable area of the dwellings within said 500 feet, counting vacant lots as full livable area in said zoning district. Said floor area shall not, however, be less than 200 square feet below the required minimum for said area and in no case less than 800 square feet.