No building shall hereafter be erected, enlarged or altered unless, as so erected, enlarged or altered, it shall comply with the setback provisions of this article and unless the lot on which such building stands shall have a front yard, the location, area and use of which shall comply with the setback and other provisions of this chapter.
[Amended 3-28-1961; 6-10-1986 by L.L. No. 6-1986; 3-12-1991 by L.L. No. 1-1991;[1] 9-27-1994 by L.L. No. 9-1994; 4-8-1997 by L.L. No. 3-1997; 1-23-2001 by L.L. No. 4-2001]
Except as provided in §§ 310-2 "nearest to lot line," 310-36, 310-48, 310-59 and 310-67, every building on a lot in any residence district shall set back from the front lot line at least the following amounts:
A.Â
In a Residence AA-1 District: 75 feet.
B.Â
In a Residence A-1 District: 50 feet.
C.Â
In a Residence A-2 or A-2a District: 40 feet.
D.Â
In a Residence C, A-3, A-4 or A-5 District: 30 feet.
[1]
Editor's Note: Section 14 of this local law provided as follows:
"This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.)
[Amended 3-28-1961; 1-23-2001 by L.L. No. 2-2001]
Whenever a building is hereafter erected, altered or maintained in a Residence A District and there are existing buildings on both sides of the lot on which the new building or alteration is erected, which existing buildings are within 200 feet of such lot, on the same side of the street within the same block and within the same Residence AA-1, A-1, A-2, A-2a, A-3, A-4 or A-5 District or, if there are no such existing buildings, but there are existing buildings within 200 feet in both directions on the opposite side of the street and within the same such district, the setback from the front lot line of any story of such new building or alteration need not exceed the average setback of the corresponding stories of such existing buildings. However, for this purpose, such existing buildings shall not be deemed to include a building on a corner lot, if the setback of such corner lot building from the street line of the street on which the new building or alteration is erected is less than both:
[Amended 2-28-1989 by L.L. No. 4-1989; 4-8-1997 by L.L. No. 3-1997]
Every building in any Business A District shall set back from the front lot line at least 10 feet on any street which is less than 60 feet in width and at least five feet on any street from 60 feet to less than 70 feet in width; and, on any street 70 feet or more in width, no setback shall be required. If a building in any such business district is used wholly or partly for residence purposes, such building shall set back from the front lot line, at and above the level of the lowest story used for residence purposes, at least as much as the setback required in § 310-35 of this chapter for a building in a Residence C District, except that, if the owner elects to set back the business part of such building more than the required setback for business buildings, then the required setback for the part of the building used for residence purposes, above the first floor shall be reduced by the additional amount that the business part of the building is so set back beyond the requirements for a building used solely for business purposes. In the event that residential dwelling units are established in an existing building, the setback requirements provided above shall not apply. In the event of an addition to an existing building that has or is planned to have residential dwelling units, the above setback requirements for the new construction shall apply.
[Added 2-28-1989 by L.L. No. 4-1989]
No specific minimum required front yard setbacks are established within the Village Center Area District. The Planning Board, in connection with its review of site plans, shall establish such setbacks as it may determine necessary or appropriate for purposes of proper and attractive site design, safety of pedestrian and traffic circulation and the maintenance of adequate separation between commercial uses and neighboring properties in residence districts. Within any setback areas established by the Planning Board, said Board may require landscaping of such type and extent as it shall determine appropriate to provide adequate screening from neighboring properties and streets and to further the design guidelines as set forth herein.
Every building in any Business C District shall set back from the front lot line at least 50 feet, of which not less than the first 20 feet contiguous to the street line shall be landscaped.
In the case of a building which runs through a block in any business district, such building and each story thereof shall set back from each street line at least as much as it would be required by this chapter to set back therefrom if such street line were the front lot line of such building.
Every building hereafter erected on a lot in any district which fronts on a county or state highway shall set back from the front lot line at least 10 feet in addition to the number of feet otherwise required by this article.
[Added 5-10-1966; amended 5-13-1975 by L.L. No. 1-1975]
Every nonresidential building hereafter erected or enlarged on a lot in any Residence A District shall set back from the front lot line at least such distance as may be prescribed by the Planning Board pursuant to Chapter 251, Site Plan Review, of this Code.
