In order to provide adequate open space 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 article.
[Amended 6-29-2000 by L.L. No. 4-2000]
A. 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."
B. Determining maximum number of dwelling units in a
subdivision.
(1) The maximum number of dwelling units shall be calculated
as per the density requirements of the district or districts in which
the parcel is located. The area used to determine the number of allowable
dwelling units shall not include areas within the F-1 100-year floodplain
boundary, regulated wetlands and areas with slopes greater than 20%.
(2) The Planning Board shall require a conventional subdivision
plat for the purpose of determining the maximum number of allowable
dwelling units for the parcel. The Planning Board shall evaluate a
sketch plan for a conventional subdivision for whether the proposed
subdivision complies with all applicable density regulations. The
Planning Board shall also consider soils, slopes and environmental
concerns in determining the maximum number of allowable dwelling units
permitted in the subdivision. Where a conservation subdivision is
required or proposed, the number of dwelling units shall not exceed
the maximum number allowed by evaluation of the conventional subdivision
plat unless a density bonus has been granted.
(3) For parcels that are located within more than one
residential district, calculations shall be made separately for the
portion of the parcel in each district. This density may be combined
and distributed anywhere within the parcel.
(4) A density bonus of one dwelling unit for every five acres of land dedicated for public use, including trails, active recreation, access to streams or other similar areas, may be issued by the Planning Board, subject to approval by the Village Board. This land is not to be considered as the parkland or fee in lieu of parkland provided by the developer in accordance with §
110-18 of Chapter
110, Subdivision of Land. However, any dwelling units from this density bonus are not to be included in the dwelling units for the calculation of the land or fee in lieu of parkland per §
110-18 of Chapter
110, Subdivision of Land.
C. Bulk rules.
(1) The conservation subdivision is mandatory for all major subdivisions in the AR Zone and may be required for minor subdivisions in the AR Zone. All conservation subdivisions must meet the listed density and minimum lot size requirements. Bulk dimensions shall be determined at the time of subdivision review by the Planning Board. In no case shall the front setback from the street right-of-way be less than 15 feet. See Chapter
110, Subdivision of Land, §
110-19, for conservation subdivision standards and requirements.
(2) The Planning Board may reduce or allow flexibility
in bulk dimensions if the applicant proposes a conservation subdivision
or an alternative design showing innovative layout that enhances the
streetscape and promotes traditional village-style neighborhoods as
described in the publication "Hamlet Design Guidelines," provided
that the density requirement and minimum lot size is maintained for
the district. This publication is on file in the Village Clerk's office.
(3) See Article
V, §
130-16O, for townhouse requirements.
(4) In the event of a partial or total destruction of
a structure due to fire, storm or other act of God, the structure
may be rebuilt in the footprint of the destroyed structure even though
the front yard, side yard and maximum lot coverage requirements are
not met, provided that the replacement occurs within one year from
the date of the loss. However, the rebuilt structure must meet existing
standards for on-site sewage disposal.
(5) There is no side yard minimum requirement except where
a lot abuts a residential district. If a side yard is provided, it
shall be at least 12.5 feet long.
(6) For conservation subdivisions in the AR District,
see the table on the approved final subdivision plat for these dimensions.
If the parcel has not been part of a conservation subdivision, the
bulk dimensions shown for the R-1 District apply.
D. Dimensional requirements in the R District for existing
small lots. For existing lots of 10,000 square feet or less in the
R-1 District, new structures, including any accessory buildings, shall
not be closer than five feet to a side or rear lot line.
Wherever a side or rear yard is adjacent to
a street, the standards for front yard shall apply.
District 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Side yards for semidetached and attached buildings
shall be required at the ends of the total structure only.
No detached principal building shall be closer
to any other principal building on the same lot than the average height
of said buildings.