No principal structure shall be located any
closer to any street or property line than the required minimum setback
as found in § 376-41, Bulk Table. Accessory structures and
uses, including parking, are permitted within the required side or
rear setback, but not within any yard and not within the required
front setback, except as may be specifically authorized in this article.
[Amended 6-14-2006 by L.L. No. 4-2006; 11-9-2022 by L.L. No. 7-2022]
B.
The Planning Board may permit a garage accessory to
a residence to be located within the front yard or setback where,
due to topographic conditions, there would be practical difficulties
in constructing a safe and convenient drive from the street; provided,
however, that such garage shall not adversely affect the future use
and development of adjacent properties.
C.
No shrubbery, hedge or other natural growth, fence
or wall over three feet higher than the apex at the center line of
the street shall be located within the areas shown shaded in Sketch
A at the intersection of two streets, nor shall the limbs or foliage
of any tree obstruct vision or be permitted to grow nearer to the
ground than eight feet where such limbs or foliage overhang or are
over or upon land within the areas shown in Sketch A, which can be
found just before the Use Tables at the end of this chapter.
D.
In the R-15, R-15A, R-15C and R-15MR Districts, off-street
parking spaces are permitted in the required front yard and front
setback.
E.
An unroofed stoop, landing, platform or exterior stairs
limited to three risers (24 inches above grade) and eight feet in
width outside of the building are permitted within the required front
yard/setback.
A.
An unroofed patio which is not more than one foot
above ground level or an arbor, open trellis or flagpole is permitted
in a required setback. An open fire escape, deck or unroofed porch
or terrace which is more than one foot above ground may project not
more than 10 feet into a required rear setback.
[Amended 6-14-2006 by L.L. No. 4-2006]
B.
An awning or movable canopy may project not more than
10 feet into a required setback; cornices or eaves or bay or bow windows
may project not more than 18 inches into a required setback.
C.
A fence or wall not more than four feet in height
is permitted along any lot line and no more than six feet in height
along that part of any lot line behind the required front yard. A
fence or wall over the six-foot height is permitted, provided that
it is set back from the lot line a distance equal to 2/3 its height.
All fences shall be constructed with the outer face thereof located
a minimum of one foot from the property line, except that a common
fence may be constructed on the property line with the written consent
of both abutting owners. All fences shall be constructed with the
outer or better appearing face facing towards the abutting property
or street.
D.
Accessory buildings constructed on adjacent lots with
the written consent of all abutting owners may be located along the
common side lot line or rear lot line, provided that the accessory
building has a floor area of less than 144 square feet and an exterior
wall height of no more than eight feet.
E.
The Planning Board may modify all side and rear yard
and/or setback requirements for nonresidential uses in the PO, PI,
and LO Districts, except where abutting a residential district. All
such uses shall conform to the buffer requirements of this chapter.
In the case of a planned building development in a PI or LO District,
which development is intended or designed to be served by means of
an industrial service road, the Planning Board may also modify the
lot area, lot width, front yard, street frontage and all setback requirements
but to an extent no greater than 50% of the minimum requirements.
In such instances, the following requirements shall apply:
(1)
The front yard and setback depth shall be established
from a street line designated as such on an approved site development
plan or subdivision plat.
(2)
Buildings shall be so located and arranged that
all have adequate access for emergency vehicles.
(3)
Restrictive covenants may be imposed on the
site based on the approved site development plan or subdivision plat
enforceable by all tenants, owners or lessees of such development.
F.
In the R-15C District, the off-street parking spaces
required for a three-family semiattached residence are permitted in
the required side yard and side setback.
[Added 4-25-2007 by L.L. No. 1-2007]
All required front yard and front setback depths
shall be measured from the designated street line, front lot line
or existing street line, whichever is a greater distance from the
center line of the public street abutting the lot in question. Where
lots are subdivided on other than a public street, the designated
street line, for purposes of front yard and setback measurement, shall
be parallel to and 25 feet distant from the center line of any access
easement or right-of-way.
A front yard and front setback shall be required
on a corner lot from each street line. There shall be designated on
the plot plan which of the remaining yards or setbacks shall be the
side and rear yard or setback, respectively.
