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 rear yard, the location, area
and use of which shall comply with the setback and other provisions
of this chapter.
[Amended 6-10-1986 by L.L. No. 6-1986; 9-27-1994 by L.L. No.
9-1994; 4-8-1997 by L.L. No. 3-1997]
A.
Except as provided in §§ 310-2 "nearest to lot line," 310-43B and 310-59, every principal building on a lot in any Residence A District shall set back from the rear lot line at least the following amounts:
[Amended 3-23-1999 by L.L. No. 3-1999]
B.
In the case of a lot which has been less than 100
feet in depth at all times since November 8, 1922, the required setback
shall be reduced by six inches for each foot that the depth of such
lot has, throughout that period, been less than 100 feet, provided
that no such setback shall be less than 20 feet.
Every principal building on a lot in any Residence
C District shall set back from the rear lot line at least 20 feet,
if three stories in height, and at least 15 feet, if less than three
stories in height, except that, in the case of a lot which has been
less than 100 feet in depth at all times since November 8, 1922, the
required setback shall be reduced by six inches for each foot that
the depth of such lot has, throughout that period, been less than
100 feet, provided that no such setback shall be less than 15 feet.
[Amended 2-28-1989 by L.L. No. 4-1989; 9-27-1994 by L.L. No.
9-1994; 4-8-1997 by L.L. No. 3-1997]
Except in Village Center Area Districts, every building in any business district shall set back at least 10 feet from the rear lot line of the lot on which it stands, except that the part of such building nearest the rear lot line may be at least 50 feet from the front lot line, and no setback from the rear lot line shall be required if such rear lot line adjoins the right-of-way of an operating railroad, all subject to the condition that, if any part of such building is used for residence purposes, such building shall be set back from the rear lot line at and above the level of the lowest story used for residence purposes, at least as much as the setback required in § 310-44 of this Code for a building of the same height in a Residence C District. No specific minimum required rear yard setbacks are established within the Village Center Area Districts except that where the rear yard of a lot adjoins a lot in any Residence A or C District which is in residential use, every building shall be set back at least one foot for each one foot that the building exceeds the height of existing grade at the closest point of the rear line. Other than as set forth above, the Planning Board, in connection with its review of site plans, shall establish such setbacks as it may determine necessary for purposes of appropriate site design, safety of pedestrian and traffic circulation, the maintenance of adequate separation between commercial uses and neighboring properties in residence districts and in consideration of any special setbacks which may have been previously established by the Village to protect adjacent residential areas. Within any setback area 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 a Business C District shall
set back from any rear lot line which is also a residence district
boundary line at least 50 feet, of which not less than the first 20
feet contiguous to the residence district boundary line shall be landscaped.
A.
Any accessory building, other than a private garage,
shall set back from the rear lot line at least:
(1)
In a Residence AA-1 District: 15 feet.
(2)
In a Residence A-1 District: 10 feet.
(3)
In a Residence A-2, A-2a or A-3 District: five feet.
[Amended 4-8-1997 by L.L. No. 3-1997]
(4)
In a Residence A-4, A-5 or C District: three feet,
but not less than four feet for a new or altered structure if the
walls of the building have a combustible surface.
[Amended 3-24-1998 by L.L. No. 2-1998]
B.
In the case of a corner lot, any accessory building
wholly or partly within the limits of a rear yard, other than a private
garage, shall set back from the side street line at least:
(1)
In a Residence AA-1 District: 60 feet.
(2)
In a Residence A-1 District: 50 feet.
(3)
In a Residence A-2 or A-2a District: 40 feet.
(4)
In a Residence A-3 or A-4 District: 30 feet.
[Amended 4-8-1997 by L.L. No. 3-1997]
(5)
In a Residence A-5 District: 25 feet.
(6)
In a Residence C District: 20 feet.
C.
All tennis courts and swimming pools shall be subject to the requirements in Subsection B of this section, but in no case shall a tennis court or a swimming pool in a Residence A District be set back less than 30 feet from a property line nor located anywhere within a front yard as defined by this chapter. In the case of a swimming pool, the setback shall be measured to the edge of the water. In the case of a tennis court, the setback shall be measured to its perimeter fence.
[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 3-12-1991 by L.L. No. 1-1991[1]]
A.
A private garage not a part of a principal building
on a lot less than 100 feet in depth shall be no more than 30 feet
distant from the rear lot line.
B.
In the case of a corner lot in any Residence A District,
any private garage not a part of a principal building shall be located
in the inside corner of the lot but set back as much as required by
the other provisions of this chapter from the rear lot line and from
the side lot line which is not a street line. No part of such garage
which is on a lot 100 feet or less in width shall be more than 30
feet distant from the side lot line which is not a street line.
C.
A private garage not a part of a principal building
in a Residence A-4 or A-5 District need have no setback from a side
lot line, other than a street line, provided that such garage is for
not more than two motor vehicles and is built across a common lot
line in any Residence A-4 or A-5 District by mutual agreement between
the owners of the adjoining lots.
[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.)
[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 rear lot line at least such distance as may be prescribed by the Planning Board pursuant to Chapter 251, Site Plan Review, of this Code.
