[Added 6-22-2004 by L.L. No. 16-2004]
[1]
Editor's Note: Original Art. III, Residence A District, of the 1976 Code, as amended, was repealed 6-22-2004 by L.L. No. 23-2004.
The intent of the Residence A-40 (RA40) Zoning Use District is to allow medium-density residential development and medium- to high-density development provided through the transfer of development rights (TDR) pursuant to Article XLII, Transfer of Development Rights, of this chapter or the construction of workforce housing pursuant to guidelines on file and administered by the Town of Riverhead Community Development Agency.
In the RA40 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. 
Permitted uses:
(1) 
Dwelling, one-family.
(2) 
Parks and playgrounds, noncommercial.
(3) 
Attached single-family dwelling units within a cluster subdivision.
[Amended 7-19-2005 by L.L. No. 30-2005]
B. 
Specially permitted uses, by special permit of the Town Board:
(1) 
Dwelling, two-family, with transferred development rights.
(2) 
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(3) 
Day-care facility conducted in a residence.
(4) 
Nursery school conducted in a residence.
(5) 
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C. 
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1) 
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
A. 
Location.
(1) 
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a) 
In a front yard.
(b) 
In a side yard, unless the accessory building is 50 feet from a side street line, 20 feet from a property line and 10 feet from any other building.
(c) 
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
(d) 
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2) 
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B. 
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
No dwelling shall be erected unless provisions shall be made therein as follows:
A. 
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.