These tables are supplemented, as appropriate, by the other provisions of this chapter, including, but not limited to: the land use regulations of Article III; the building design and infill standards set forth in Article V; the supplemental development standards for streetscapes, parking, landscaping, lighting, and signage set forth in Articles VI and VII; the overlay district standards set forth in Article VIII; the supplementary standards set forth in Article IX; the special use permit standards set forth in Article X; and the site plan review and approval requirements set forth in Article XI.
No part of a yard or other open space required in connection
with any building or use shall be included as part of a yard or other
open space similarly required for another building.
No yard or lot existing at the time of the effective date of
this chapter shall be reduced in size or area below the minimum requirements
set forth herein.
Yards, as required herein, shall not be used for the storage
of merchandise, equipment, building materials, junk, vehicles, vehicle
parts or any other material, or for signs, unless otherwise provided
in this chapter.
For any parcel in any district greater than 15,000 square feet, the
maximum lot coverage shall be the parcel's acreage minus any
area of constrained land for which no permits or approvals have been
obtained that would allow development within such constrained land
areas. Constrained land is that which contains any of the following
features:
For lot coverage calculations, the applicant shall subtract the acreage
of any constrained land from the total (gross) acreage. Maximum permitted
lot coverage shall be based on the amount of acreage that remains.
The Planning Board's determination as to maximum permitted lot
coverage shall be based on a certified survey of the parcel and delineation
of the constrained features by a licensed land surveyor and by a tabular
presentation by the land surveyor or a licensed professional engineer
of the gross site acreage and each of the subtracted land areas set
forth above. Two or more parcels in common ownership or under common
control which are the subject of an application for subdivision or
site plan approval may be considered as a single development parcel
for purposes of this section.
A corner lot shall be deemed to have two frontages, one on the primary
street and one on the side street. The required yard along the primary
street shall be the front yard, and the required yard along the side
street shall be the side street yard.
The above notwithstanding, for the purposes of this chapter no lot
shall, however, be interpreted to have more than two frontages, regardless
of how such lot is located or configured.
Sight triangles. On any corner lot, no wall, fence, structure, sign,
berm, or plant growth that obstructs sight lines at elevations between
three and six feet above the driving surface of the adjacent roadway
shall be permitted in the area formed by measuring 20 feet along both
curb lines where they intersect, and connecting the two points to
form a triangle, as illustrated in Figure IV-1.[1] This section shall not be construed to apply to existing
street trees, provided that no branches are maintained closer than
eight feet to the ground.
Irregular lot lines. Generally, side lot lines shall be perpendicular
or radial to the street right-of-way, and rear lines shall be approximately
parallel to the street right-of-way. Irregularly shaped lots shall
be permitted at the discretion of the Planning Board when unique site
conditions exist.
Irregular lot setbacks. The location of required front, side (interior
and side street), and rear yards on irregularly shaped lots shall
be determined by the Planning Board, based on the prevailing setbacks
and spacing of buildings on the adjacent parcels.
Through lots. On lots with two street frontages, not located at a
corner, the front setback shall apply to both streets, unless otherwise
determined by the Planning Board.
Flag lots. The Planning Board may permit a flag lot as a conforming
lot for a detached single-family dwelling, if all of the following
conditions apply:
The flag lot shall have a minimum lot frontage of 24 feet on a public
street to provide for an accessway, and no portion of a flag lot shall
be less than 24 feet in lot width.
The front setback on flag lots shall be measured from the front property
line within the main building site (the "flag" portion of the lot),
as opposed to the property line adjoining the public right-of-way.
Flag lot access shall meet the minimum fire apparatus access road
requirements as outlined in the New York State Uniform Fire Prevention
and Building Code.
Upper story encroachments. Bay windows, balconies and similar features
projecting from the principal building may encroach up to 40% of the
depth of the front yard setback.
Lower story encroachments. Cornices, eave overhangs, chimneys, flues,
bay windows, and similar projections (including gutters) may encroach
up to two feet into any required yard; provided, however, that the
sum of such projections on any wall does not exceed 1/3 of the length
of said wall.
Uncovered porches, stoops, decks, patios, steps and stairs. Uncovered
porches, stoops, decks, patios, steps and stairs, and other similar
features may encroach a maximum of three feet into any required front
yard.
Encroachments over sidewalks. With the approval of the public entity that has authority over the right-of-way, awnings and galleries may encroach over the sidewalk as provided in §§ 151-38 and 151-41.
Accessibility ramps. Ramps, lifts and similar improvements required
to provide access for persons with disabilities and/or compliance
with ADA requirements, may encroach into any required yard but may
not be closer to any property line than five feet. Such features shall
not be located in a front yard if it is possible to accommodate them
in a side or rear yard.
Fences and walls. Fences and walls (but not retaining walls) may encroach into required setbacks where in full compliance with the standards provided in§ 151-45I of this chapter.
Purposes. Minimum and maximum building height standards promote relationship
of scale among structures in residential, mixed-use, and commercial
neighborhoods, helping to create harmonious environments which enhance
a sense of place.
Applicability. Buildings constructed, enlarged, or modified after
the effective date of this chapter shall comply with the maximum and
(if applicable) minimum building height standards of the applicable
zoning district.
Building height is measured as the number of stories in a building
as counted from the center-point of the building's primary facade.
Attics and cellars shall not be considered a story. A basement shall
be considered a story, whether occupied or not, if more than four
feet of the basement is visible above the finished grade at the center-point
of building's primary facade.
Except as provided in Subsection A(3)(b)[2] below, building height is the vertical distance measured from the finished grade at the center-point of the building's primary facade to the highest point of the coping of a flat roof, to the deck line of mansard/gambrel roofs, or to the point midway between eaves and ridgeline for pitched, hip or gable roofs, but not including the features listed in§ 151-24C herein. Figure IV-2 illustrates the methods to measure building height.
For purposes of the RMU District, building height is the vertical distance measured from the average elevation of the finished grade along the exterior facade of the building having the lowest finished grade to the highest point of the coping of a flat roof, to the deck line of mansard/gambrel roofs, or to the point midway between eaves and ridgeline for pitched, hip or gable roofs, but not including the features listed in§ 151-24C herein.
Height requirements for signs, lighting, landscape screens, and all
other structures or objects for which a dimensional height requirement
is established by this chapter shall be measured as the vertical distance
from the average sidewalk or site grade at the structure or object's
foundation to its highest point, as illustrated in Figure IV-3, unless
otherwise specified by this chapter. The creation of berms, mounds
or other devices, or increasing the height of existing berms or mounds,
for the purpose of increasing a structure's height is prohibited.
Spires and belfries; cupolas and domes not intended for human
occupancy; water or cooling towers; skylights; mechanical penthouses
for heating, cooling or ventilation equipment (provided they are set
back 20 feet from the front building facade); railings for open-air
rooftop decks; stair bulkheads and elevator shafts; ventilators; electronic
equipment; air-conditioning units; chimneys and smokestacks, all of
which in their aggregated coverage occupy no more than 20% of the
roof area of the building of which they are an integral architectural
or mechanical element. Such features shall be erected only to such
minimum height as is necessary to accomplish the purpose for which
they are intended, and shall not detract from the visual appearance
of the building as determined by the Planning Board.
Flagpoles, radio or television antennas, and similar structures,
any of which shall be restricted to a maximum height of 60 feet above
average finished grade at its base.
Public utility poles, transmission towers and wires, which shall
be restricted to a maximum height of 75 feet above average finished
grade at their base.
No structure or other exception to the height limitations set
forth herein shall be used as a place for habitation or for signage
or advertising not otherwise authorized by this chapter.
Distances. Unless otherwise specified, all distances referenced herein
that apply to a required separation between certain uses shall be
measured horizontally by following a straight line, without regard
to intervening buildings, from the nearest point of the parcel upon
which the subject use is to be located to the nearest point of the
parcel or the land use district boundary line from which the use is
to be located.
Unless otherwise specified in this chapter, accessory structures
shall meet the setback and height standards for accessory buildings
in the district in which they are located as set forth in Tables 5
to 11,[1] unless the Planning Board determines that due to a structure's
height and size, additional setbacks are required.
Accessory structures not attached to a principal building shall be
located no less than one foot from the principal building in order
to be considered an accessory structure; otherwise, it shall be considered
part of the principal building and shall be subject to all of the
requirements for a principal building.
Portable accessory structures. A single portable accessory structure
with a maximum gross floor area of 80 square feet may be installed
or constructed and used on any lot without the issuance of a building
permit or certificate of occupancy, provided that:
All other requirements of this chapter related to accessory structures
are fully met.
Exterior stairways leading to any floor or story above the ground
floor shall be located on the rear wall in preference to either side
wall, and shall in no instance be located on any wall fronting the
street.