The lot width or area requirement of this chapter shall be automatically
waived to permit the erection of a single-family dwelling or restoration,
enlargement (but no additional dwelling units), moving, repair or
alteration of an existing single-family dwelling on any lot of record
which was owned separately and individually from all other tracts
of land on the effective date of this chapter or on the effective
date on any subsequent amendment increasing the lot size requirements
for such lot, provided that:
A.
Such use is permitted in the district where such lot is located;
B.
All other regulations prescribed in this chapter shall apply thereto;
provided, however, that no side yard shall be less than seven feet
and the total width of both side yards shall not be less than 17 feet;
and
C.
The lot area is large enough for adequate sewage disposal where individual
private sewage systems are employed.
In all districts where there are existing principal buildings
on adjoining lots on each side of a parcel of land less than 100 feet
in width, having a front yard setback or exterior side yard setback
less than the required front yard depth of said parcel, the required
front yard depth of said parcel shall equal the average setback from
the street or road line of such existing buildings on said adjoining
lots. This modification shall not permit any front yard depth less
than 15 feet.
A.
On a corner lot where the rear lot line coincides with the rear lot
line of the adjoining lot for a distance from the street or road line,
the required width of the exterior side yard for any building shall
be 15 feet.
B.
On a corner lot where the rear lot line coincides with the side lot
line of the adjoining lot for a distance from the street or road line,
the required width of the exterior side yard for buildings shall be
10 feet less than the adjoining properties front setback line.
On a through lot, a front yard equivalent shall be provided
on both sides.
In any district where a front yard of 25 feet or more is required
by this chapter, no sign, fence, wall, hedge, shrub planting or tree
foliage which obstructs vision at elevations between three feet and
seven feet above the street or road level shall be placed or maintained
within the triangular area formed by two intersecting street or road
lines, as defined herein, and a line connecting points on such street
or road lines 30 feet distant from their point of intersection. This
regulation shall not apply to any necessary retaining wall or to buildings
existing on the effective date of this chapter.
None of the following uses, structures or parts of structures
shall be considered as obstructions when located, as specified:
A.
In any required open space:
(1)
Access drives or walks.
(2)
Fences or walls not exceeding seven feet in height (except otherwise provided in § 108-78 of Article XIV of this chapter for screening) in any side or back yard and not exceeding four feet in any front yard and side portion facing the right-of-way on corner lots in all districts. The Town Board may waive or vary the height limitation of a fence or wail for good cause shown.
[Amended 5-9-2002 by L.L. No. 1-2002]
(3)
Driveway gates and portals shall:
(a)
Require a building permit and follow applicable New York State
codes for masonry construction.
(b)
Be located on private property, and driveway gates shall be
at least 20 feet from right-of-way.
(c)
Have a maximum size of four feet square and seven feet high,
including ornaments and lamps, with driveway gates limited to seven
feet high.
(4)
Flagpoles.
(5)
Retaining walls of any necessary height.
(6)
Permitted signs.
(7)
Unenclosed steps of terraces not extending more than three feet above
the adjoining finished grade.
(8)
Projections from a principal building as follows, provided that no
projection is nearer than five feet to a side lot line:
(9)
In any C District, open accessory off-street parking spaces.
B.
In any required side yard:
(1)
An open fire escape projecting not more than four feet into a required
interior side yard but not nearer any side lot line than five feet.
C.
In any rear yard, not a front yard equivalent, or in any part of
an interior side yard:
A.
In C District:
(1)
No storage, truck parking, loading or unloading or processing of
any kind shall be permitted in any required yard. This provision shall
not apply to uses accessory to a permitted dwelling, but such accessory
uses shall be subject to the following limitations on obstructions
in required open spaces in R Districts.
B.
In R or AG District:
(1)
Accessory buildings and roofed projections shall not occupy more
than 30% of a required rear yard of an interior lot or more than 40%
of a required rear yard of a corner lot.
(2)
No part of an accessory building shall be nearer than three feet
to a rear or side lot line, except that, where such lot line abuts
a side yard of an adjoining lot in any R or AG District, the setback
shall not be less than five feet.
(3)
Detached accessory buildings shall be at least 10 feet from any dwelling
and five feet from any other building.
C.
In all districts, any pond must be constructed in accordance with
all applicable laws including both state and local. The base of the
dike shall be at least 30 feet from all property lines. In the event
there is no dike, the edge of the water must be at least 30 feet from
all property lines. Prior to the construction of a pond, the proposed
construction plans together with a site plan must be referred to and
reviewed by the Town Building Inspector.
[Added 9-9-2004 by L.L. No. 1-2004]
