A.
Applicability. Standards shown are minimum requirements
for all buildings and structures unless otherwise indicated. Dimensions
are in feet unless otherwise indicated.
C.
Site plan and architectural review requirement. Site plan approval by the Planning Board shall be required before any zoning or building permit is issued for any new or altered use, building or structure, pursuant to the provisions of Article VIII.
D.
Bulk volume standards.
[Amended 7-27-1999 by L.L. No. 1-1999; 8-16-2004 by L.L. No.
1-2004; 3-15-2005 by L.L. No. 4-2005; 1-26-2006 by L.L. No.
1-2006; 1-26-2006 by L.L. No. 2-2006]
(1)
Regulation. Subject to the provisions of Article VII of this chapter, no building shall hereafter be erected or enlarged in the district in which it is located except in compliance with the following requirements:
(a)
If it is a main building in the R1 (two-acre)
District, the building volume shall not exceed 90,000 cubic feet.
(b)
If it is a main building in the OP1 (five-acre)
District the building volume shall not exceed 150,000 cubic feet except
that for a nonconforming lot in bona fide single ownership having
an area of less than five acres, the lesser volume limit for the R1
(two-acre) District shall apply.
(c)
The volume of a proximate building shall be
included in the volume calculation of the main building.
(d)
All buildings shall have roof pitches of at
least six on 12, except that a maximum of 20% of the horizontal area
covered by the roof may be covered by a flat roof.
(2)
Volume calculation and measurement rules. The volume
of a building [and proximate building(s)] shall be calculated as follows:
(a)
The total volume of a building shall be the
sum of the volumes of the foundation story, first story, second story
(if there is one that is not the roof story) and the roof story as
calculated below.
[Amended 10-21-2019 by L.L. No. 2-2019]
(b)
The volume of each story shall be its height multiplied by the floor area of the story subject to Subsection D(2)(e) immediately below.
(c)
In the calculation of floor area, the length
of any curved section of the building perimeter shall be the sum of
the chords that intersect with each 90° of arc, or portion thereof,
between the point of intersection of the curved section and the adjacent
straight section(s). Any complex combination of curved sections of
the building perimeter of a structure shall be treated as if they
were individual curves intersecting with a straight section at each
point of inflection.
(d)
All portions of a building shall be included in the calculation
of volume below, except that the first four feet of any overhang,
open-air porch, balcony or entry portico shall be excluded from the
volume calculation, and 50% of any additional volume of any roofed
portion of the building not completely enclosed by four walls shall
also be excluded.
[Amended 10-21-2019 by L.L. No. 2-2019]
(e)
The height of each story of a building shall
be calculated as follows:
[1]
For a story with multiple heights, the volume
of the entire story shall be calculated as the sum of the volumes
of each portion having a different height. Any void in the floor of
a story shall be deemed to be at the lowest floor elevation of that
story. Any void in the ceiling of a story shall be deemed to be at
the elevation of the highest ceiling elevation of that story.
[2]
Foundation story. The height of the foundation story shall be
measured from two feet above the average finished grade on the approved
building plans around the foundation perimeter to the top of the floor
of the first story or, if the structure is built on a slab, two feet
above the top of the slab. The average finished grade shall be the
average of the finished contours at each exterior corner of the foundation
story as situated on the lot.
[Amended 10-21-2019 by L.L. No. 2-2019]
[3]
First story. The height of the first story shall
be measured from the floor to the floor of the story above it.
[4]
Second story (if not the roof story). If not
a roof story, the height of the second story shall be measured from
the level of its floor or, in the absence of a floor above, to the
eaves of the roof above it.
[5]
Roof story. The height of each portion of the roof story shall
be measured from the level of its floor or the ceiling joists of the
story immediately below it to the top of its highest ridge beam. If
the highest point of its roof is a flat section, then the height shall
be measured to the top of that section. The volume of each portion
of the roof story, other than a hip roof story, shall be 40% of the
product of its height and its floor area. The volume of each portion
of a hip roof story shall be 25% of the product of its height and
its floor area.
[Amended 10-21-2019 by L.L. No. 2-2019]
(3)
In the R1 (two-acre) District no detached single accessory
building, except for those without a roof and walls, shall have a
floor area which exceeds 1,000 square feet. The combined floor area
of all such accessory buildings or structures on a lot shall not exceed
1,600 square feet. Fifty percent of any roofed portion of an accessory
building not completely enclosed by full walls shall be excluded from
the calculation of floor area. A proximate building shall be exempt
from this subsection.
(4)
In the OP1 (five-acre) District no detached single
accessory building, except for those without a roof and walls, shall
have a floor area which exceeds 1,200 square feet. The combined floor
area of all such accessory buildings or structures on a lot shall
not exceed 2,000 square feet. Fifty percent of any roofed portion
of an accessory building not completely enclosed by full walls shall
be excluded from the calculation of floor area. A proximate building
shall be exempt from this subsection.
E.
Standards.
[Amended 12-21-1998 by L.L. No. 4-1998; 7-27-1999 by L.L. No. 1-1999; 1-26-2006 by L.L. No. 1-2006]
|
Suburban Estate District OP1(1)
|
Residence District R1(2)
| |||
|---|---|---|---|---|
|
Lot area (acres) [see Note (a)]
|
5
|
2
| ||
|
Street frontage
|
300
|
200
| ||
|
Street frontage on circumference of cul-de-sac
|
125
|
90
| ||
|
Lot width [see Note (b)]
|
300
|
200
| ||
|
Lot depth
|
300
|
250
| ||
|
Front yard setback [see Notes (c) and (d)]
| ||||
|
Main building
|
100
|
75
| ||
|
Accessory building
|
100
|
75
| ||
|
Side yard setback [see Notes (c) and (d)]
| ||||
|
Main building
|
75
|
50
| ||
|
Accessory building
|
75
|
50
| ||
|
Rear yard setback [see Notes (c) and (d)]
| ||||
|
Main building
|
75
|
50
| ||
|
Accessory building
|
75
|
50
| ||
|
Maximum height [see Note (e)]
| ||||
|
Main building
|
40
|
40
| ||
|
Accessory building
|
22
|
22
| ||
|
Fence and wall [see Note (f) and § 205-17]
| ||||
|
Minimum habitable floor area per dwelling unit
(square feet) [see Note (g)]
| ||||
|
1-story principal dwelling
|
1,600
|
1,600
| ||
|
1-1/2-story principal dwelling
|
1,900
|
1,900
| ||
|
2-story principal dwelling
|
2,200
|
2,200
| ||
|
Maximum building coverage (all buildings and
structures)
|
10%
|
15%
| ||
|
NOTES:
| ||||
|---|---|---|---|---|
|
(1)
|
For a nonconforming lot in bona fide single ownership [See § 205-23C(1)] having an area of less than five acres in the OP1 (five-acre) District, the standards of the R1 (two-acre) District shall apply.
| |||
|
(2)
|
For a lot having an area of five acres or more
in the R1 (two-acre) District, the standards of the OP1 (five-acre)
District shall apply if the Board of Appeals, after a public hearing,
allows the bulk (volume) of the building to exceed the bulk limit
of the R1 (two-acre) District.
| |||
|
(a)
|
Land excluded from lot area measurements.
[Amended 1-26-2006 by L.L. No. 2-2006] | |||
|
[1]
|
No portion of a lot containing a street, right-of-way
or access road providing access to an adjacent lot may be counted
as part of the required minimum lot area.
| |||
|
[2]
|
No portion of a lot having a width less than
the minimum required for the district in which it is located may be
counted as part of the required minimum lot area. If any portions
of a lot do not meet the minimum width requirements, they shall not
exceed 15% of combined lot area.
| |||
|
[3]
|
In the Suburban Estate OP1 (five-acre) District
each lot shall contain a potential building site or existing building
site on a contiguous area of land within such lot. If a lot does not
contain such potential building site or existing building site it
shall also be subject to the lot area computation requirements of
Paragraph [5] below but in no case shall such lot be required to exceed
seven acres in gross area.
| |||
|
[4]
|
In the Residence R1 (two-acre) District each
lot shall contain a potential building site or existing building site
on a contiguous area of land within such lot. If a lot does not contain
such potential building site or existing building site, it shall also
be subject to the lot area computation requirements of Paragraph [5]
below but in no case shall a lot be required to exceed three acres
in gross area.
| |||
|
[5]
|
For a lot with slopes greater than 15% which
does not contain a potential building site or existing building site,
the amount of computable lot area for various portions of the lot
shall be reduced in determining compliance with the minimum lot area
and density requirements in accordance with the following table:
| |||
|
Slope Portion of Lot
|
Reduction
| |
|---|---|---|
|
15% to 25%
|
30%
| |
|
Over 25%
|
65%
| |
|
(See Appendix B.[2])
| ||
|
(b)
|
Within any district, no part of any dwelling
or other structure housing a main use, and no part of any residence
structure, shall be erected on that part of a lot where the lot width
is less than the minimum requirement for the district in which it
is located.
| |||
|
(c)
|
Stables, barns and sheds used to shelter horses and livestock shall be set back an additional 25 feet. [See § 205-15B(1)(g) and (2).]
| |||
|
(d)
|
For main buildings other than dwellings and
their accessory buildings the minimum setback shall be doubled.
| |||
|
(e)
|
Except as provided in § 205-13.
| |||
|
(f)
|
Fences and walls (except enclosures for animals)
shall not be subject to yard setback provisions.
| |||
|
(g)
|
The minimum habitable floor area regulations
shall apply to any building hereafter erected, repaired or altered.
| |||
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
F.
Regulation of construction and development in slope
lands.
[Added 1-26-2006 by L.L. No. 2-2006]
(1)
No development shall be permitted on those portions
of a lot which contain severe slopes (i.e., greater than 25%) except
as follows:
(a)
Trees, shrubbery, grass and ground cover may
be removed only for the purpose of constructing an access driveway
and facilities for drainage and utilities.
(2)
No development shall be permitted on those portions
of a lot which contain steep slopes (i.e., between 15% and 25%) except
as follows:
(a)
In cases where there is an existing building
site or potential building site on the lot, no portions of the lot
which contain steep slopes may be developed except for the purpose
of constructing an access driveway and facilities for drainage and
utilities.
(3)
In cases where the entire lot is comprised of severe
slopes (i.e., over 25%), no development shall be permitted unless
a variance is obtained from the Board of Appeals.
(4)
In cases of a lot in single ownership as defined in § 205-23C, which does not contain an existing building site or a potential building site, a new or enlarged main building may be constructed at the location of the existing main building, provided the footprint of the new or enlarged main building does not exceed the area of the footprint of the main building, as it existed on the effective date of this regulation, by more than 10%.
(5)
All construction and development activity in slope
lands shall require prior written approval of the Architectural/Site
Plan Commissioner (ASPC) and the Village Engineer subject to the following
guidelines and requirements:
(a)
Driveways shall be constructed with appropriate
masonry retaining walls so as to avoid the excessive cutting, filling
and clearing of natural fauna and flora.
(b)
Appropriate safeguards shall be required to
prevent erosion.
(c)
Adequate drainage facilities shall be constructed
and maintained to capture runoff from all new impervious surfaces
and other disturbed areas.
(d)
Imposition of reasonable requirements to protect
and preserve the flora and fauna on the slope lands and the protection
and preservation of natural habitat.
