[Amended 9-8-1969 by L.L. No. 15-1969; 8-9-1971 by L.L. No. 8-1971; 9-11-1972 by L.L. No. 14-1972; 10-30-1972 by L.L. No. 16-1972; 7-18-1983 by L.L. No. 5-1983; 9-26-1983 by L.L. No. 8-1983; 8-15-1988 by L.L. No. 5-1988; 3-12-1990 by L.L. No. 3-1990; 6-24-1991 by L.L. No. 8-1991; 9-25-2018 by L.L. No. 13-2018; 4-13-2021 by L.L. No. 3-2021; 6-24-2025 by L.L. No. 10-2025]
5.21. Small lots for single-family detached residences. A lot, either owned individually and separately and separated from any adjoining tracts of land on July 29, 1965, and which has not subsequently become attached to other adjoining land in the same ownership, and/or which has a total area, lot width, lot frontage less than the minimum required in the Bulk Table, may be used for a single- family, detached residence no larger than if the lot was conforming to the zoning district regulations, provided that such lot shall conform to the use regulations and all the other bulk regulations, except as follows:
(a) For lots subject to regulations in Bulk Table, Group A or E, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 150 feet. However, the minimum width of each required side yard shall remain at 30 feet, except for lots with lot width of less 110 feet for which no required side yard shall be less than 20 feet.
(b) For lots subject to regulations in Bulk Table, Group I, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 125 feet. However, the minimum width of each required side yard shall remain at 20 feet.
(c) For lots subject to regulations in Bulk Table, Group M, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 100 feet. However, the minimum width of each required side yard shall remain at 15 feet.
(d) For lots subject to regulations in Bulk Table, Group Q, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 75 feet. However, the minimum width of each required side yard shall remain at 10 feet, except for lots with lot width of less than 45 feet, for which no required side yard shall be less than 7 1/2 feet.
(e) For all such lots in § 5.21 (a), (b), (c) and (d) above, the height limitation imposed in Bulk Table, Column 12, shall be waived and the maximum building height shall be 20 feet.
(f) If two or more adjoining lots are substandard by the regulations of this code and were in single ownership on July 29, 1965, the total parcel of land shall then be subject to regulations as a mean average of those bulk and area dimensions of existing lots within 500 feet on both sides of the street and on both sides of the site in question. In no case shall the building be larger than if the lot were conforming to the zoning district regulations.
(g) Outdoor public telephone booths may be located on any lot in a nonresidential district accessory to any principal buildings on the lot. Such booths shall require a front, side and rear yard which will allow traffic on the highway abutting the premises a clear line of vision, except that such booths shall not be required to be located farther from the street line than the building to which they are accessory, and such booths may be attached to the front wall of any such principal building. When a public outdoor telephone booth is the sole building on a lot, it shall require the same (except as provided in § 5.223) yards as hereinbefore required for booths accessory to a principal building, but in no event shall the booth require a greater front, side or rear yard than 25 feet.
5.22. Permitted obstruction in required yards, courts and usable open space. All required yards, courts and usable open spaces shall be unobstructed except as provided in this section. (Since required yards, courts and usable open spaces shall be open to the sky, an obstruction shall include the projection of a structure into such space at any level aboveground.)
5.221. An arbor; chimney; open trellis; flagpole; unroofed steps or unroofed terrace not exceeding 16 square feet in area nor projecting more than four feet from the exterior wall of the building, nor exceeding two feet above ground level; or drying yard equipment, shall be permitted in any required yard, required court or usable open space without limitation.
5.222. An awning or movable canopy may project not more than 10 feet, building overhangs, balconies, cornices or eaves may project not more than 18 inches and windowsills or belt courses may project not more than six inches into a required yard, required court or usable open space.
5.223. An open fire escape may project not more than six feet into a required yard or required court, but shall not project into any usable open space. An outdoor public telephone booth may encroach not more than five feet upon a required yard but shall not encroach upon the highway right-of-way. Such booth shall also be subject to the limitations prescribed in § 5.225 regulating obstructions on corner lots, and no such booths shall be located within the triangular area prescribed by lines connecting the corner of the lot and a point located 25 feet from the corner on each of the intersecting lot lines from said corner.
5.224. Off-street parking. Open accessory off-street parking is permitted in a required front yard, subject to § 5.225 and §
6.1, except as prohibited by § 3.11, but no off-street parking shall be located within any other required yard as regulated by §
6.1 or usable open space. No enclosed accessory off-street parking space, including a garage, is permitted in a required front yard. However, where, by reason of exceptional topography, it is impractical to construct an accessory garage behind the required front yard, the Board of Appeals may permit the construction of not more than two enclosed parking spaces within a required front yard, accessory to a single- or two-family residence. In determining the proper location for such facility, consideration shall be given to traffic safety and the effect on nearby property. Open accessory off-street parking for one- and two-family residences is permitted in any required front yard.
5.225. Corner lots. No hedge, fence, wall or other object [except a transparent fence in which the solid area is not more than 5% of the total area of the fence] over 2 1/2 feet high and no accessory off-street parking space shall be located within the triangular area prescribed by lines connecting the corner of the lot and a point located 35 feet from the corner on each of the intersecting lot lines forming said corner. Hedges, fences, walls or other objects which were nonconforming as of July 29, 1965, and which were required to be made conforming within one year or five years, shall be made conforming on or before July 29, 1970.
5.226. Fences and walls. Except as provided in § 5-225, a fence or freestanding wall not more than 4 1/2 feet in height is permitted within a required front yard. A fence over the six-foot height is permitted in the side and rear yards, provided that it is set back from the lot line a distance equal to 2/3 its height. Fence height shall be measured from average finished grade in the adjacent area as determined by the Building Inspector. Walls over six feet high shall conform to the height regulations of §
3.12. A building permit is required for all fences and walls, except fences six feet high or less for a residential lot for a single-family or two-family dwelling.
5.227. Accessory buildings in required rear or side yards. A building or structure, except a swimming pool, accessory to a single-family or two-family dwelling in any district, except R-80 and R-40, may be located in any required rear or side yard, provided that it does not exceed 15 feet in height, it is set back five feet from any lot line, and all such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.
(a) Accessory buildings constructed at the same time may be located, in no more than one pair in the required rear or side yard along the common side lot line or rear lot line of contiguous lots. Swimming pools may be set back not less than 20 feet from the rear lot line in all residential zones other than RG. In RG Zones, the setback from the rear lot line for swimming pools will not be less than 10 feet.
(b) A portable building not over 144 square feet in area shall be permitted without a building permit on any residential lot in any rear or side yard, but no closer than one foot to any property line.
5.228. Accessory buildings in required front yards. The Board of Appeals may authorize any one of the following accessory to a nonresidential use in LO, LIO, or LI to an institutional use in any district; one dwelling unit for a caretaker; gatehouse; reception office; or watchman's post, to encroach in a required front yard, provided that such accessory building is set back at least 25 feet from the front lot line and 10 feet from any other lot line, does not cover more than 1% of the area of the lot and has a height of no more than 25 feet.
5.229. Location of loading berths. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.
5.229-A. Temporary portable storage containers.
1. Temporary portable storage containers shall be permitted under the provisions of this section. Not more than one container shall be allowed per residential lot. Enclosed containers shall not exceed 128 square feet and eight feet in height. The temporary storage container must be a minimum of five feet from any side or rear yard property line; in no instance shall the container be placed in a required front yard, unless in a permitted driveway, nor shall it be placed in a public right-of-way or easement.
2. A permit is required from the Building Inspector for the placement of a temporary portable storage container after being in place for more than 30 days in any 180-day period. The permit shall authorize such container to remain for a period not to exceed 180 days thereafter. Upon application made within 15 days of the expiration of the permit, the Building Inspector may grant a permit to extend the initial 180-day time period for an additional 180 days, provided the applicant has a valid and existing building permit for construction activities at the property, or applies for such a building permit simultaneously with the application for an extension.
3. No permit shall be issued for another temporary storage container for the same residential lot until two years from the issuance of a previously issued permit, except if the ownership of the lot changes.
4. The permit must be displayed in a conspicuous place on the temporary portable storage container.
5. Failure to obtain a permit and/or any container that is situated in violation of an issued permit or this section shall constitute a violation of the Zoning Code, subject to penalty as per §
10.6 of the code. The fee for the permit for the temporary storage container shall be established as per Town Board resolution.
5.23. Permitted height exceptions. The height limitations of Column 12, § 3.12, shall not apply to a flagpole; radio or television aerial; transmission tower or cable; spire or cupola; chimney (except a smokestack for a greenhouse in R District only); elevator or stair bulkhead; penthouse; water tank or cooling tower; any or all of which occupy in the aggregate not more than 10% of the area of the roof of the building.
5.24. Small lots in LO and LIO, owned individually and separately and separated from any adjoining tracts of land on July 29, 1965, whose lot width are less than the minimum requirement set forth for Groups X and CC of the Bulk Table, shall be developed in conformance with the use regulations and all other bulk regulations, except that the total width of each required side yard may be reduced one foot for each foot the lot width is less than 300 feet, provided that no required side yard may be less than 50 feet.