Where 50% or more of the aggregate street frontage on one side
of a street, as measured 250 feet on each side of the lot and in the
same block, is occupied by buildings, and the average street setback
of the existing buildings is less than the required minimum street
setback, the minimum street setback for any new construction shall
be the average setback of the existing buildings located on the lots
within 250 feet of the proposed lot to be developed. The measurements
shall be made in each direction along the one side of the block.
The minimum lot width at the front lot line shall be no less
than the greater of half the minimum lot width required by the applicable
zoning district or 15 feet.
After the planned right-of-way line for future streets, for
future extensions of existing streets or for future street widening
(ultimate right-of-way) is established on the Official Map, buildings
shall be set back from such street line as though it were a street
property line.
The front setback shall be unobstructed except as provided in
this section:
A.
Uncovered landings shall be permitted, provided that they do not
extend a distance greater than five feet into the street setback.
B.
An awning or movable canopy shall not project more than 10 feet on
a residential building. On a commercial or industrial building, the
marquee or awning may project to the street line, provided that there
is a clear height under the permitted encroachment of 10 feet.
C.
Eaves, gutters, chimneys and bay windows shall not project more than
three feet into the street setback.
D.
Open fire escapes shall not project more than four feet into the
street setback.
E.
A gatehouse or watchman's post may be permitted by the Planning Board,
as part of site plan review, as an accessory structure to a commercial
or industrial use in a designated commercial, industrial or planned
unit development district. The gatehouse or watchman's post shall
not encroach upon the street property line.
G.
Handicap ramps. Unroofed handicap ramps may extend into the required
front yard setback and shall maintain an eight-foot setback from the
street property line.
Within a designated residential district, eaves, chimneys, gutters
and bay windows shall not project more than three feet into the side
and rear setback.
The required side and rear yards, as designated in Part 2 for use and bulk requirements and Article 51 for parking, loading and stacking regulations, shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
In order to build on the side property line, as permitted in Part 2 for use and bulk requirements and Article 51 for parking, loading, and stacking regulations, the building shall be of masonry construction, have parapet walls at least two feet above the highest point of the roof surface and be in compliance with the New York State Building Code.
A.
Accessory use buildings shall be located to the side or rear of the
principal building.
B.
Accessory buildings shall comply with the side yard, rear yard and
street setback requirements of the zoning district in which said accessory
use is located.
C.
Where 50% or more of the aggregate street frontage on one side of
a street, as measured 250 feet on each side of the lot and in the
same block, is occupied by buildings, and the average setback of the
existing accessory buildings is less than the required minimum setbacks,
the minimum street setback for any new accessory building shall be
the average setback of the existing buildings located on the lots
within 250 feet of the proposed lot to be developed. The measurements
shall be made in each direction along the one side of the block.
D.
Where the topography is such that the slope of the land exceeds 15%
and, therefore, access to a private garage built back of the front
building line as required by this chapter is, in the approving body's
opinion, impracticable, it shall be permissible to place such garage,
not exceeding 10 feet in height, within the front yard space, but
not closer to the front property line than 18 feet. The approving
body for this provision is the Planning Board if the project is undergoing
site plan review or the Building Official if it is a residential application.
A.
No building height limitation contained in this chapter shall restrict
the height of the following buildings or structures:
(1)
Barns, silos and other agricultural buildings.
(2)
Church spires, cupolas, domes, belfries and flagpoles.
(3)
Chimneys, elevator or stair bulkheads, water tanks or cooling
towers.
(4)
Radio or television antennas, telecommunications facilities,
utility transmission lines or cables.
(5)
Passive and active solar equipment, provided that the placement
of the equipment does not deprive the adjoining properties of access
to solar sky space.
B.
None of the exceptions to the height regulations shall be used for
human occupancy.
A.
Distance between principal buildings. No detached principal building
shall be closer to another principal building on the same lot than
the average heights of the buildings. For principal buildings set
side by side, the distance between the buildings shall be no less
than the average heights of the principal buildings or the combined
side yard setback of the two buildings as if they were built on separate
lots, whichever is less. In residential districts, where the residential
units are owned through condominium, cooperative or homeowners' association
ownership, the residential unit shall retain all bulk requirements
of its appropriate district as if there were lot lines for each unit.
B.
Distance between principal building and accessory building. No accessory
building shall be any closer to any principal building or to another
accessory building on the same lot than a distance of eight feet.
Accessory buildings, other than detached accessory garages, shall
be located to the rear of the principal building.
Any parcel of land with area or a width less than that prescribed
for a lot in the district in which it is located, which at the time
of the adoption of this chapter was under one ownership and when the
owner thereof owns no adjoining land, may be used as a lot for any
purpose permitted in the district, provided that all other regulations
prescribed for the district by this chapter are complied with. When
two or more adjacent lots are in a single ownership, they shall be
considered as being a single lot.
A.
In order for a residential building to be considered an attached
structure, units on both sides of the party wall shall be built simultaneously.
B.
Two-family attached buildings shall have only one party wall with
another residential building. The units on both sides of the party
wall shall be built simultaneously.
There shall be no more than 12 contiguous single-family attached
residential units.
On corner lots, no obstruction of vision shall be erected, installed,
planted, parked or otherwise placed within the triangular area formed
by the intersecting street lines and a straight line adjoining said
street lines at points which are 25 feet distant from the point of
intersection, measured along said street lines. In such area no shrubbery,
nor fences of masonry, wood or other material which creates a solid
visual barrier, shall be erected higher than two feet from the accepted
street grade of the abutting top of curb, or from the crown of the
abutting road, if there is no curbing, nor shall branches or foliage
of trees be permitted less than 10 feet from the ground. An open fence
of chain link wire, wrought iron, split, rail or other similar material
which does not screen or obstruct views, light and air may be permitted
in the triangular area, provided that it does not obstruct visibility.
A.
Fences shall not be considered structures under this chapter and,
as such, may be erected in any district, subject to the provisions
of this chapter.
B.
No fence shall be erected or encroach upon a public right-of-way.
C.
Any fence shall have its finished or decorative side facing the adjacent
properties. The fence posts and other supporting structures of the
fence shall face the interior of the area to be fenced.
D.
The height of all fences shall be measured from the average finished
grade of the lot at the base of the fence.
E.
No solid fences over 24 inches in height shall be permitted in the
triangular area formed by the intersecting street lines and a straight
line joining the street lines at points which are 25 feet in distance
from the point of intersection measured along the street lines. Measurement
of height shall be from the grade of the abutting top of curb or from
the crown of the abutting road, if there is no curbing. Split-rail
fences, cyclone fences or other similarly open fences are permitted
in the triangular area, provided that they do not create a traffic
hazard and block visibility.
F.
Except for animal husbandry, stables, riding academies and kennel
uses in an RR District, barbed wire and electrically charged fencing
are prohibited. Barbed wire can also be used in nonresidential districts,
provided that the barbed wire starts at least six feet in height above
the grade.
G.
In residential districts, no fences shall be constructed, established
or built in excess of six feet in height, with the exception of tennis
or recreation courts which may be 12 feet in height. In nonresidential
districts, fences may be constructed, established or built up to 10
feet in height above the average natural grade, provided that they
do not create a traffic hazard.
H.
Solid fences shall maintain an eight-foot setback from the street property line or shall be no greater than three feet in height. If the fence is to be located on a corner lot, the provisions of Subsection E of this section shall also apply. Split-rail and similarly open fences are permitted to be placed in the eight-foot street setback, provided that they do not create a traffic hazard or block visibility.
I.
Every fence shall be maintained in a safe, sound and upright condition.
No fence shall be erected which will create a safety problem for people
using the public right-of-way.
A.
Noncommercial aboveground or in-ground swimming pools may be permitted
subject to the issuance of a permit by the Code Enforcement Officer,
who, when giving such approval, shall certify that the following regulations
are complied with:
(1)
All swimming pools shall meet the minimum side and rear yard
requirements of the district in which they are located.
B.
Safeguards: aboveground pool. Any artificial pool or structure intended
for wading, bathing or swimming purposes which is so constructed as
to be above grade and which has a ladder or steps in order to obtain
access to said pool shall be subject to the requirements that whenever
said pool is not attended by a person of suitable age, that said steps
or ladder to obtain access to said pool shall be removed, raised or
screened so that a person may not gain access to said pool.
C.
Any aboveground swimming pool whose structure is less than four feet
in height must be safeguarded with a permanent protective fence, said
fence to be installed so as to encompass the entire perimeter of the
swimming pool. Said fence shall be structurally sound, durable and
must be maintained in such a condition. Said fence shall be a minimum
of 48 inches in height and shall be of wooden or metal construction.
All openings in said fence shall be so constructed as to prohibit
the passage of a two-inch-diameter sphere. The entrance gate or gates
shall have a self-latching device and, except for ingress and egress
to and from the swimming pool area, must be kept closed at all times.
D.
Safeguards: in-ground pool. No person or persons, association or
corporation shall maintain an in-ground swimming pool, as defined
herein, without first safeguarding such swimming pool with a permanent
protective fence, said fence to be installed so as to encompass the
entire perimeter of the swimming pool. Said fence shall be structurally
sound, durable and must be maintained in such condition. Said fence
shall be a minimum of 48 inches in height. All openings in said fence
shall be so constructed as to prohibit the passage of a two-inch-diameter
sphere. The entrance gate or gates shall have a self-latching device
and, except for ingress and egress to and from the swimming pool area,
must be kept closed at all times.
