Town of Clarkstown, NY Bulk Regulation

Required front yards and maximum height. All required front yard depths in Bulk Table, Column 7, and all maximum building heights based on front lot lines in Bulk Table, Column 11, shall be measured from a line hereby established as the designated street line which shall be parallel to the street center line and at the distance from such street center line specified below for each street classification as established for each street on the Official Map of the Town of Clarkstown.

Street Classification in § 290-4	Distance of Designated Street Line from Street Center Line (feet)
Major	40
Secondary	30
Local	25

Corner lots. On a corner lot each line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect and so designate on the plot plan which of the remaining two required yards shall be the required side yard and which shall be the required rear yard.

Crow's-foot lot. No portion of a lot along the access route from its frontage into the lot shall be narrower than the approved frontage.

[Added 3-10-1992]

Lots divided by district boundary. If any lot capable of subdivision is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk regulations of that district, except that the maximum floor area and a maximum number of dwelling units shall be equal to the sum of the floor areas and dwelling units, respectively, permitted on each part of the lot, and the usable open space shall be equal to the sum of the usable open space required on each part of the lot. Such totals may be located anywhere on the lot where permitted by the other bulk regulations. If any lot incapable of subdivision is divided by a district boundary, the more restrictive regulations shall control.

Lots within 25 feet of the boundary of more restrictive district. Where a lot line lies within 25 feet of the boundary of a more restrictive district, the required yard and building height requirement along such lot line shall conform to the minimum regulations of said more restrictive district. This requirement shall not apply to developments within the H1, H2, H3, H4, NS, HC, HC-N, TOD-1, TOD-2 or TOD-3 Zoning Districts.

[Amended 7-18-2023 by L.L. No. 7-2023]

Courts.

Dimensions of outer courts. An outer court shall be at least 20 feet wide, or as wide as its depth or as wide as the height of the highest wall adjoining said court, whichever is the greatest.

Dimensions of inner courts. An inner court shall be at least 50 feet in least horizontal dimension. Two open and unobstructed passageways, each at least eight feet high and nine feet wide, to permit access by fire-fighting equipment, shall be provided at ground level to any inner court.

Spacing of buildings.

Spacing of residential buildings. No principal residential building shall be closer to any other principal building on the same lot than the height of the taller of the two buildings, provided that the minimum spacing shall be 30 feet.

Location of detached accessory buildings. No detached accessory building shall be closer to any principal building than a distance equal to the height of such accessory building, and in no event less than 15 feet. Notwithstanding the above, accessory buildings in MF Districts may abut principal buildings, but, if detached, shall not be less than 15 feet.

[Amended 9-15-1988]

Additional regulations concerning MF-1, MF-2 and MF-3 Districts shall be as follows:

[Added 6-28-1983; amended 4-24-1984; 6-26-1984; 7-14-1987; 9-15-1988; 6-27-1989; 2-24-1998]

Minimum overall lot area: 40,000 square feet for MF-1, MF-2 and MF-3.

Density.

[Amended 3-22-2016 by L.L. No. 5-2016]

District	Square Feet of Land Area per Unit	Units Per Acre	Bedrooms in Unit
MF-1	5,500	7.9	Efficiency
	7,250	6.0	1
	9,000	4.8	2
	10,750	4.0	3 or more
MF-2	3,350	13.0	Efficiency
	3,800	11.5	1
	4,300	10.0	2
	4,800	9.1	3 or more
MF-3	2,400	18.1	Efficiency
	2,800	15.6	1
	3,200	13.6	2
	3,600	12.1	3 or more

Maximum principal building(s) coverage and lot coverage shall be as follows:

District	Maximum Principal Building(s) Coverage	Maximum Lot Coverage (including principal building(s) coverage)
MF-1	16.50%	33%
MF-2	20.00%	40%
MF-3	25.00%	50%

Minimum lot width: 150 feet.

Required yards. (This refers to the distance to exterior property lines of the overall sites.) Setbacks shall be required as follows. (Where any required yard abuts any existing or proposed street, the yard shall be measured from the width shown on the Official Map.)

Front yards.

Not less than 25 feet from any private street.

Not less than 50 feet from any public street.

[3]

Not less than 100 feet from any state highway.

Side yards.

For all dwellings, not less than 50 feet.

All residences with an attached or separate garage opening into a side yard shall leave a minimum of 30 feet of side yard for access thereto.

Rear yards.

Not less than 50 feet.

Height (maximum building height in inches per foot of distance from lot line): nine inches; but no greater than three stories or 35 feet for MF-1, MF-2 and MF-3.

Distance between buildings. The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal structure and any accessory building or between two detached accessory buildings shall be not less than 20 feet for MF-1, MF-2 and MF-3, and no parking shall be located within this area. However, any other provision notwithstanding, a minimum distance of 60 feet shall be maintained between the center of any window in a habitable space other than a window in a bathroom or kitchen and any wall of the same or of another structure, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

(7)

Accessory buildings, accessory structures and accessory uses. The area occupied by accessory buildings or structures shall be included in computing the maximum percentage of the lot area which may be utilized for buildings. Notwithstanding the above, recreational buildings and structures in the MFA District shall not be so included.

(8)

Continuation of nonconforming buildings and nonconforming uses in Multifamily (MF-1, MF-2 and MF-3) Districts. The following regulations shall apply to nonconforming buildings and uses in the Multifamily (MF-1, MF-2 and MF-3) Districts:

Definitions. For purposes of this section, a "nonconforming building" in the Multifamily (MF-1, MF-2 and MF-3) Districts shall be a building which does not conform to the bulk requirements set forth herein. A "nonconforming use" shall be a use which does not conform to the permitted use requirements set forth herein.

(Reserved)[1]

Editor's Note: Former Subsection F(8)(b), regarding conditions governing nonconforming buildings in the MF-1, MF-2 and MF-3 Districts, was repealed 3-22-2016 by L.L. No. 5-2016.

(Reserved)

Any development which has received preliminary site plan approval by the Clarkstown Planning Board in conformity with the RG-1 or RG-2 requirements prior to the adoption of this subsection of the Zoning Ordinance shall be deemed to be conforming so long as all requirements of the approved site plan are met.

[Added 4-24-1984]

(9)

(Reserved)

(10)

Maximum floor area ratio. In MF-1, MF-2 and MF-3 Districts, the maximum floor area ratio shall be .50. In MFA Districts, the maximum floor area ratio shall be .75.

(11)

For residential uses, the following additional requirements shall apply:

[Added 3-22-2016 by L.L. No. 5-2016]

All open areas not used for buildings, parking spaces and driveways shall be suitably landscaped or left in their natural state, as determined by the Planning Board.

A specifically designated area or areas shall be available for recreational use of the residents.

In an MF-1 District, 25% of the entire tract shall be reserved as usable open space for use by all residents of the development or, at the request of the applicant, prior to final site plan approval and subject to acceptance by the Town Board upon recommendation of the Parks Board and Recreation Commission, may be offered for dedication, in whole or in part, to the Town. Such usable open space, exclusive of any off-street parking areas and access driveways or any other paved areas, shall have no dimension of less than 30 feet, except for access, and the location thereof shall be subject to the approval of the Planning Board. The community building and recreation facilities may be located within the usable open space. In an MF-2 District, the above percentage shall be 15%. In MF-3 Districts the above percentage shall be 10%. Density shall be established prior to the identification of usable open space.

Facilities for refuse disposal shall be provided for all dwelling units. Collection areas shall be maintained and conveniently located for all groups of dwelling units. All storage containers for the collection of solid waste not within principal buildings shall be completely enclosed in a manner which is architecturally compatible with the principal buildings. All storage containers shall have permanently attached covers. The location of enclosures shall be subject to approval by the Planning Board.

All areas intended for vehicular use, access or parking shall be paved with a hardtop surface upon a suitable subgrade of materials and to specifications acceptable to the Director of Engineering and Facilities Management. The base shall be properly drained and suitably constructed to support the prospective traffic load.

[Amended 12-13-2018 by L.L. No. 9-2018]

Open parking areas and driveways shall not be closer than 20 feet to any building or lot line.

(g)

No active exterior recreation facility, such as, but not limited to, a swimming pool (to edge of fence), tennis court or other recreational facility, shall be closer than 30 feet to any building or 50 feet to any lot line or be between a building line and a public street. Locker rooms and other supporting facilities shall be considered buildings for purposes of this distance requirement between buildings.

(h)

Traffic directional signs shall be provided as required by the Planning Board.

(i)

All walks, outside steps, vehicular entranceways, exitways and intersections of roads shall be adequately lighted; said lighting shall not be directed on adjacent streets or properties.

(j)

Buildings shall be individually identified and clearly marked with signs sufficiently illuminated to be visible from roadways or access drives at all times.

(k)

Group garages, if provided, shall be architecturally compatible with principal buildings.

(l)

Recreational areas and facilities, except where dedicated to the Town, shall be solely for the use of residents of the development and their guests.

(m)

Opaque fencing, aesthetically attractive on both sides, at least six feet in height, shall be placed along any property line abutting a nonresidential use or nonresidential zone. The Planning Board may waive this requirement where adequate fencing, properly maintained, already exists on adjacent properties.

(n)

Internal roads shall be as follows: two-way internal roads shall be at least 24 feet in width; while one-way internal roads may be 14 feet in width if not used as parking aisles.

(o)

A single access road shall be provided and paved to a width of at least 24 feet for developments of not more than 50 units. For developments in excess of 50 units, a double-paved roadway of at least 24 feet and a median of 10 feet shall be provided, or multiple single-access roads shall be provided. Notwithstanding the foregoing, the Planning Board may approve alternates if reasonable safety and access are provided. Internal roads shall be built to Town specifications.

(p)

The property shall have frontage on and access from a public street or streets.

(q)

The property shall be served by public water and sanitary sewers.

(r)

Distance between buildings. The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal building and any accessory building or between two detached accessory buildings shall be not less than 20 feet for MF-1, MF-2 and MF-3 Districts, and no parking shall be located within this area. However, any other provision notwithstanding, a minimum distance of 60 feet shall be maintained between the center of any window in a habitable space other than a window in a bathroom or kitchen and any wall of the same or of another structure, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

(12)

In addition, the site plan shall be accompanied by sketches showing proposed architectural treatment; single-line floor plans showing layout of all buildings (not construction plans or structural plans); and the text of all filed or proposed restrictions concerning the use of land and buildings. The applicant shall submit a general statement describing the type of development proposed, which shall include a description of the proposed management, maintenance and ownership of the various elements of development, including:

[Added 3-22-2016 by L.L. No. 5-2016]

Dwelling unit.

Common areas and facilities maintenance.

Ground, building and facility maintenance.

Street ownership and maintenance.

(13)

The Planning Board may determine, on application for subdivision approval, if the site is appropriate for fee-simple-ownership-type units; in such cases, the minimum lot area for each dwelling shall be as determined by the Planning Board. The Planning Board may establish additional requirements.

[Added 3-22-2016 by L.L. No. 5-2016]

(14)

A community hall or space shall be provided within each residential development, with a meeting room with an area no less than 15 square feet per dwelling unit, but not less than 400 square feet in area. The location of the community hall or space shall be subject to the approval of the Planning Board.

[Added 3-22-2016 by L.L. No. 5-2016]

(15)

There shall be not more than eight units in any building.

[Added 3-22-2016 by L.L. No. 5-2016]

Additional regulation in AAR Districts shall be as follows:

[Added 4-17-2007 by L.L. No. 3-2007]

For both multi-unit complexes and detached or semi-attached patio homes:

Minimum overall net lot area shall be three acres or 130,680 square feet.

Maximum density permitted as per § 290-7.1I.

Maximum principal building(s) coverage shall be 20% and maximum lot coverage, which includes principal building(s) coverage, shall be 50% within the AAR Zoning District.

[Amended 3-22-2016 by L.L. No. 5-2016]

Minimum front lot line for overall site shall be 300 feet and access to either a state or county major or secondary road as classified on the Town Official Map.

[Amended 3-22-2016 by L.L. No. 5-2016]

Maximum floor area ratio shall be 1.00 (100%).

No stacking of cars permitted, except for one car parked in driveway in front of an enclosed garage.

(g)

Retaining walls. Height of retaining walls shall not exceed four feet. Distance between any two retaining walls shall not be less than the height of the retaining wall higher in elevation.

(h)

Distance between buildings. The distance between any two principal buildings shall not be less than the height of the tallest of the two buildings.

(i)

Bedrooms. No more than three bedrooms per unit.

(j)

Landscaping. A twenty-foot landscaping buffer shall be provided along all lot lines to buffer the higher density use from adjacent uses.

For multi-unit complexes:

Required yards. (This refers to the distance to exterior property lines of the overall sites.) Setbacks shall be required as follows. Where any required yard abuts any existing or proposed street, the yard shall be measured from the designated street line.

Front yard: equal to or more than the height of the building.

Side yard: equal to or more than the height of the building.

[3]

Total, both side yards: equal to or more than the sum of the front and side yard setbacks.

[4]

Rear yard: equal to or more than the height of the building.

Maximum building height shall not exceed 35 feet within the AAR floating zone applied over MF-1, MF-2, MF-3, RG-1, RG-2, R-10, R-15 and R-22 zones and shall not exceed 45 feet within the AAR floating zone applied over LO, PO, LS, CS, and LIO zones, except within those areas designated on the Zoning Map as Hamlet Center, where the maximum building height shall not exceed 35 feet.

[Amended 8-5-2014 by L.L. No. 7-2014]

No more than 50 units shall be constructed within any single building. Buildings with multiple units and common entrances shall be connected by an enclosed walkway.

Parking: 1.5 parking spaces per unit, plus 0.5 parking space per unit for visitor parking and community area. Parking areas of more than 50 spaces shall be divided into subareas of approximately 25 spaces with landscaping between subareas.

Canopies overhanging entrances shall have sufficient clearance for buses and paratransit vehicles.

Patios and deck extensions shall be included as part of the yard requirements so as to avoid intrusions to the adjacent property.

For detached or semi-attached patio homes:

Front yard: equal to or more than the height of the building.

Side yard: equal to or more than the height of the building.

[3]

Total, both side yards: equal to or more than the sum of the front and side yard setbacks.

[4]

Rear yard: equal to or more than the height of the building.

Height. Maximum building height shall not exceed 25 feet.

Parking: two parking spaces per unit, plus 0.5 parking space per unit for visitor parking and community area. Parking areas of more than 50 spaces shall be divided into subareas of approximately 25 spaces with landscaping between subareas.

Minimum and maximum square footage. Units shall be between 1,400 square feet and 2,500 square feet.

The first 400 square feet of an unenclosed roof front porch and garages shall not be counted towards maximum area or FAR.

Additional regulation in RS Districts shall be as follows:

[Added 3-5-2013 by L.L. No. 1-2013]

For any buffer area abutting a residential district:

Buffer areas must be landscaped in such a way that commercial activities are screened from abutting residential uses. The intent of the landscaping is to maintain the residential character of residential districts, preserve scenic areas, minimize aesthetic impacts, minimize noise and light impacts, and preserve the health and safety of residents.

Screening may include a combination of berms, evergreen vegetation (e.g., trees and shrubs), stone walls, decorative fencing, and other landscaping techniques and ground covers. Buffer areas shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings.

All landscaped materials and features are required to be regularly maintained and shall remain consistent with the approved site plan and/or approved landscaping plan in perpetuity. Any landscaped materials and/or features that are damaged or fail in any manner shall be replaced.

The Planning Board shall review the potential visual and acoustic impacts of the proposed development, including but not limited to the measurement of sight lines and decibel levels from surrounding areas.

The Architecture and Landscape Commission shall evaluate the proposed buffer landscape plans for the appropriate combination of materials and features in keeping with the character of the community and protecting the aesthetics of the surrounding residential areas. The Commission shall consider the potential visual impacts of the proposed screening in its setting.

Development bonuses. An applicant may choose the following development bonus option:

[Amended 2-5-2019 by L.L. No. 2-2019]

Stormwater runoff. Developments which incorporate plans with reduced stormwater runoff are eligible for maximum FARs at the following levels:

Certification Level	FAR
Meeting stormwater management design	0.50
Reduce runoff rate by at least 15%	0.525
Reduce runoff rate by at least 20%	0.55

Additional regulations in R-160, R-80, R-40, R-22, R-15, R-10, MF-1, MF-2 and MF-3 Zoning Districts shall be as follows:

[Added 3-22-2016 by L.L. No. 5-2016]

All new nonresidential uses are subject to continued enforcement of performance standards procedure (§ 290-13B).

In addition to the particular requirements for any use listed in Table 1,[2] the Board of Appeals, Planning Board, or Town Board, as specified in Table 1 for a particular use, where reasonable and appropriate, may require fences and other safety devices, landscaping, screening, access roads and buffer areas.

Editor's Note: Table 1, Residential Zoning Districts Land Use, is included as an attachment to this chapter.

No use listed in Table 1 shall be permitted for which there shall not be sufficient access suitably located to avert prospective traffic congestion, or hazard.

Buffer areas of 75 feet shall be required for special permit uses, except home occupation use. The Planning Board shall have the authority to reduce this buffer, but in no case shall the buffer be reduced to less than the required yard dimensions of the zoning district.

Parking spaces of any nonresidential use shall not be located within a required yard and shall be screened from adjoining properties by permanent landscaping which may include berms or other topographic features as required by the Planning Board.

All residences with an attached or included garage opening into a side yard shall have a minimum of 30 feet of side yard for access thereto.

(7)

All uses other than single-family residences shall have minimum frontage of 100 feet and access to either a state or county major or secondary road as classified on the Town Official Map.

(8)

Failure to meet any conditions of a special permit granted by a municipal board shall constitute a violation which shall be subject to applicable fines and penalties and revocation of a certificate of occupancy.

[Amended 11-28-2023 by L.L. No. 11-2023]

(9)

All uses other than a one- or two-family residence shall obtain site plan approval from the Planning Board and necessary approvals from the Architectural Historic Review Board.

[Added 4-9-2019 by L.L. No. 6-2019]

Home occupations as accessory uses.

[Added 3-22-2016 by L.L. No. 5-2016]

Home occupations shall be accessory uses by right upon issuance of a permit from the Building Inspector if the use, including related storage, is located in and occupies no more than 25% of the habitable floor area of the existing principal residence and no more than 250 square feet in the principal residence, whichever is less. If said home occupation exceeds 250 square feet in the principal residence, the use would require a special permit of the Zoning Board of Appeals subject to § 290-17CC.

Home occupations as accessory uses shall be subject to the following conditions:

The number of persons who assist or are employed in any capacity, whether as employees, commission agents, independent contractors, partners, officers, directors or stockholders, shall not exceed one person outside those residing in the family unit.

Visiting clientele may not exceed more than one vehicle per 1/2 hour.

Off-street parking shall be shown on a plan and shall be provided without paving more than 25% of the required front yard.

The plan shall show two parking spaces in addition to those which are required for the residence(s).

Landscaping or other appropriate screening as required by the Building Inspector or the Director of Engineering and Facilities Management of the Town of Clarkstown shall be provided to screen parking from adjoining properties.

[Amended 12-13-2018 by L.L. No. 9-2018]

The home shall be the actual place of residence of the person conducting the home occupation.

(g)

The home occupation shall not involve the on-site use or storage of any commercial vehicles or construction equipment or mechanical equipment not permanently affixed to the premises, except for one vehicle not over 6,500 pounds.

(h)

The home occupation shall not involve the use of any chemical, mechanical or electrical equipment or fixture which is not a customary household appliance or light office equipment. This requirement shall not apply to the use of the premises as a home occupation by doctors, dentists and chiropractors.

(i)

No manufacturing or assembly shall be permitted using other than manually operated equipment.

(j)

There shall be no more than one home occupation per dwelling unit.

(k)

Instructional services or sales meeting shall be limited to no more than two participants, including visitors, at a time.

(l)

The applicant shall demonstrate that there will be no noise, odor, smoke, glare or vibration beyond the property line.

(m)

Provisions for dust collection or collection of similar by-products shall be provided.

(n)

The lawful use of any premises as a home occupation existing on May 24, 1988, may be continued although neither such use nor bulk conforms to the current regulations. Normal maintenance and repair of premises used as a nonconforming home occupation shall be permitted if it does not extend the area of or the intensity of such use.

(o)

The applicant shall provide a sworn and notarized affidavit indicating how all the aforementioned conditions will be met.

In the R-160, R-80, R-40, R-22, R-15 and R-10 Zoning Districts, keeping domestic animals (except pigs) for individual domestic purposes shall be permitted, provided that not more than one horse or cow per acre, five cats or dogs over six months old, and not more than 25 fowl shall be kept on any lot. No animals (except cats or dogs) shall be penned or housed within 50 feet of any lot line, and there shall be no storage of manure, animal waste or odor- or dust-producing substance or use, except spraying or dusting to protect vegetation, within 50 feet of any lot line, watercourse or wetland.

[Added 3-22-2016 by L.L. No. 5-2016]

Retail/commercial agricultural allowable operations. In the R-160, R-80, R-40, R-22 and R-15 Zoning Districts, the following commercial agriculture operations shall be permitted, provided that there shall be no greenhouse, heating plant, stable or similar animal housing, or the storage of manure or other odor- or dust-producing substance or use, except spraying or dusting to protect vegetation, within 200 feet of any lot line, watercourse or wetland, and all equipment is kept within a completely enclosed building:

[Added 3-22-2016 by L.L. No. 5-2016]

Nurseries, greenhouses and the growing of mushrooms, provided that no smokestack shall exceed the height regulation; buildings for display and sale of agricultural products.

Orchards, truck gardening and the growing of other field crops and vineyards and the growing of other bush and berry crops.

The keeping, breeding and raising of cattle (including dairies), sheep, goats and horses and rental of horses, on lots of 10 acres or more. However, the keeping, breeding, and raising of fowl, pigs, rabbits, fox, mink, rodents, primates and other small fur-bearing animals for any commercial or laboratory purpose is not permitted.

§ 290-21 Exceptions.

Preexisting single-family residential lots with less than minimum requirements.

[Amended 2-15-1978]

Area.

[Amended 6-28-1983; 3-22-2016 by L.L. No. 5-2016]

Preexisting single-family residential lots with less than required area. Preexisting residential lots owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 30, 1967, or located on a subdivision plat which received preliminary approval by the Planning Board prior to June 30, 1967, with a lot area less than the minimum requirements set forth in General Bulk Regulations Table 12, but meeting all other bulk requirements shall be deemed conforming.

Preexisting single-family residential lots, zoned R-160, owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to January 1, 1983, or located on a subdivision plat which received final approval by the Planning Board prior to January 1, 1983, with a lot area or lot width less than the minimum requirements set forth in General Bulk Regulations Table 12,[1] but meeting all other bulk requirements shall be deemed conforming.

Editor's Note: Table 12 is included as an attachment to this chapter.

Preexisting single-family residential lots with less than required lot width.

A lot, either owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 30, 1967, or located on a subdivision plat which received preliminary approval by the Planning Board prior to June 30, 1967, which has a total lot width less than the minimum required in the Bulk Table, may be used for the construction of a single-family detached residence, provided that such lot shall conform to the use regulations and/or other bulk regulations except as follows:

SCHEDULE A
District	Lot Width (feet)	Minimum Each Side Yard (feet)	Minimum Lot Width (feet)
R-80	175-150	30	100
	149-125	25
	Less than 125	20
R-40	150-125	25	100
	Less than 125	20
R-22	125-85	20	75
	Less than 85	15
R-15	100-85	20	60
	84-70	15
	Less than 70	12
R-10	85-70	15	60
	Less than 70	12

Preexisting single-family residential lots zoned R-160 with less than required lot width. A lot, either owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 28, 1983, or located on a subdivision plat which received final approval by the Planning Board prior to January 1, 1983, which has a total lot width less than the minimum required in the Bulk Table, may be used for the construction of a single-family detached residence, provided that such lot shall conform to the use regulations and/or other bulk regulations except as follows:

SCHEDULE B
District	Lot Width (feet)	Minimum Each Side Yard (feet)	Minimum Lot Width (feet)
R-160	175-150	30	100
	149-125	25
	Less than 125	20

Preexisting single-family lots in R-10 District with less than minimum requirements. All preexisting single-family lots in an R-10 District, which lots were zoned previously R-7.5 under Zoning Map dated June 30, 1967, and revised May 22, 1972, and which lots were owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 30, 1967, or located on a subdivision plat which received preliminary approval from the Planning Board prior to June 30, 1967, and which lots cannot conform to the R-10 requirements set forth in the Bulk Table shall be regulated by the following:

Required front yard: 25 feet.

Required side yards: see § 290-20A(2).

Required rear yard: 20 feet.

For all lots in this subsection, the height limitation imposed in the Bulk Table shall not apply, and the maximum building height shall be 25 feet.

All bulk requirements relating to single-family residential lots, not modified by this subsection, shall be met.

Proof of individual and separate ownership on June 30, 1967, shall be submitted in the form of a title search prepared by a title or abstract company certifying ownership on June 30, 1967, covering the subject premises and all contiguous property.

Permitted obstructions 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 spaces at any level above ground.

An arbor, chimney, open trellis, flagpole, unroofed steps or unroofed terrace, provided that said unroofed terrace does not exceed one foot above ground level, or recreation or drying-yard equipment shall be permitted in any required yard, court or usable open space without limitation.

[Amended 11-15-1978]

An awning or movable canopy may project not more than 15 feet; cornices or eaves may project not more than 18 inches; and a windowsill or belt course may project not more than six inches into a required yard, court or usable open space.

[Amended 1-14-1986]

An open fire escape may project not more than six feet into a required yard or court, but shall not project into any usable open space.

Off-street parking spaces. Except for multifamily residences, open accessory off-street parking spaces are permitted in required front yards, and no off-street parking space shall be located within any required 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 no more than two enclosed parking spaces within a required front yard, accessory to a residence. In determining the proper location for such facility, consideration shall be given to traffic safety and the effect on nearby property.

Fences and walls. A solid fence or freestanding wall not more than four and one-half (4 1/2) feet in height is permitted along any lot line. Any such solid fence or wall over such heights is permitted, provided that it is set back from the lot line a distance equal to two-thirds (2/3) its height. However, where screening is required by town agencies or provisions hereof, such height limitation shall be six feet without setback. A nonsolid fence not more than six feet in height is permitted along any lot.

[Amended 11-15-1978; 8-11-1981]

Accessory buildings in required side or rear yards. A building accessory to a single-family or two-family dwelling in any district except R-80 and R-40 may be located in any required side or rear yard, provided that it does not exceed 12 feet in height, it is set back from any lot line two-thirds (2/3) the height of such building, and the floor area of all such buildings on the lot does not exceed 15% of the area of the lot. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear yard along the common side or rear lot line. Accessory buildings when not constructed in pairs or groups on adjacent yards shall be no closer than 10 feet to the rear or side yard line in an R-22 and R-15 District.

Temporary portable storage containers (aka PODS) shall be permitted under the provisions of this section. Not more than one such container shall be allowed per residential lot. Containers shall not exceed 128 square feet and eight feet in height. The portable storage container must be a minimum of 10 feet from any side or rear yard property line and a minimum of 15 feet from the dwelling; in no instance shall the container be placed in a required front yard, public right-of-way or easement. A permit is required from the Building Inspector for the placement of a temporary portable storage container after being in place for more than 14 days and for a period not to exceed 90 days, except this period may be extended at the discretion of the Building Inspector for an additional 90 days, but in any event, for a total period not to exceed 180 days from the date of original issuance. 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. The permit must be displayed in a conspicuous place on the temporary portable storage container. The fee for the permit for the temporary storage container shall be established in accordance with the Town Consolidated Fee Schedule, as adopted, and which may be amended from time to time, by resolution of the Town Board. Said fee shall be nonrefundable.

[Added 4-10-2018 by L.L. No. 5-2018]

(7)

Accessory buildings in required front yards. Where necessary and appropriate, the Board of Appeals may authorize any one of the following, accessory to a commercial or industrial use in an R-160, R-80, R-40, R-22, R-15, R-10, MF-1, MF-2, MF-3, LS, LO, LIO, CS, RS, MRS or M District or 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.

[Amended 3-22-2016 by L.L. No. 5-2016]

(8)

Location of loading berths. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.

(9)

A deck or raised terrace, without a permanent roof or an enclosure below the deck, attached to the dwelling may project into a required rear or side yard under the following conditions:

[Added 6-24-1986]

For subdivision plats approved under the provisions of Town Law § 281, such deck may project into a rear yard, provided that it does not exceed 308 square feet and does not extend out from the building more than 14 feet. This exception shall also apply to side yards, provided that such deck or raised terrace is not closer than 10 feet to the property line.

For approved subdivision plats which have been rezoned to a lesser density zone after development, a projection into the required rear yard which does not exceed 240 square feet and which does not extend out more than 12 feet from the building is permitted. This exception shall also apply to side yards, provided that such deck or raised terrace is not closer than 10 feet to the property line.

For individual lots that have nonconforming bulk as to rear or side yard setbacks, such deck or raised terrace may project into the rear or side yard, provided that it does not exceed 240 square feet and is not closer than 10 feet to the property line.

For sites in RG or MF Zones in condominium ownership, such deck or raised terrace may project into a required rear or side yard, provided that it does not extend out more than 10 feet from the building.

For lots in RG or MF Zones in individual ownership subject to a homeowners' association or other cooperative type of ownership, a deck or raised terrace may project into a rear yard, provided that it does not extend out more than 10 feet from the building and in no event shall it project into any common area.

(10)

Hot tubs, spas and similar facilities. Hot tubs, spas and similar facilities are permitted in required rear yards, provided that no portion of the facility is closer than 10 feet to any side or rear lot line and it is screened from view. No portion of a hot tub located on a deck which is more than four feet above ground level shall be closer than 15 feet to any side or rear lot line. No outdoor hot tub shall be located within any RG or MF Zone unless it is part of a common recreation area.

[Added 5-24-1988; amended 1-9-1990]

Permitted height exceptions. The height limitations of the regulations 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 any residential district), elevator or stair bulkhead, penthouse, water tank or cooling tower, any or all of which occupying in the aggregate not more than 10% of the area of the roof of the building, provided that within 200 feet from the lot line of any airport or heliport, the height of any building and structures aforesaid shall not exceed 30 feet above the ground level, except by special permit.

Development constraints. In order to limit construction in areas with developmental limitations, the following requirements shall apply in all zoning districts:

[Amended 10-26-1999]

Rights-of-way, easements and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities or within a designated street line and 100% of any land within easements or rights-of-way for ingress or egress shall not be counted as part of any minimum lot area requirement. No building or structure shall be located within any easement. However, a road may traverse an easement.

[Amended 3-22-2016 by L.L. No. 5-2016]

Land under water (applicable prior to development). Not more than 50% of the area of any lot proposed to be developed may be counted as part of any lot area if subject to the following: ponds; freshwater wetlands regulated by the Army Corps of Engineers; streams; areas within the Federal Emergency Management Agency designated special flood hazard area or area of shallow flooding, as those terms are defined in Chapter 146, Flood Damage Prevention; that portion of any freshwater wetland and any one-hundred-foot adjacent area designated by the New York State Department of Environmental Conservation.

[Amended 3-22-2016 by L.L. No. 5-2016; 4-25-2017 by L.L. No. 3-2017]

Steep slopes (applicable prior to development).

Not more than 50% of the land area of any portion of any lot that is proposed to be developed may be counted as part of any lot area if subject to the following:

For residential-zoned development; slopes between 30% and 50%.

For nonresidential-zoned development; slopes between 20% and 50%.

No buildings, structures or land disturbance shall be permitted on that portion of a lot with a slope in excess of the foregoing.

[Amended 3-22-2016 by L.L. No. 5-2016]

No portion of the land area of that portion of a lot with a slope in excess of 50% may be counted as part of the minimum lot area of a parcel.

Rock outcrops (applicable prior to development). Not more than 50% of the area of that portion of a lot that is proposed to be disturbed with rock outcrops in excess of 50 square feet may be counted as part of the lot area of a parcel.

View preservation. The Planning Board shall have the authority to require site or building modifications to protect viewsheds to and from locations of visual significance.

Small lots in LO, PO, LS, CS, RS, LIO and M. A lot in LO, PO, LS, CS, RS, LIO and M, owned individually and separately and separated from any adjoining tracts of land prior to June 13, 1967, whose lot width is less than the minimum requirements set forth in the General Bulk Regulations Table 12,[2] shall be developed in conformance with the use regulations and all other bulk regulations, except that the total width of both required side yards may be reduced one foot for each foot the lot width is less than 100 feet, provided no required side yard may be less than 10 feet.

[Amended 8-7-1974; 3-22-2016 by L.L. No. 5-2016]