A.
Schedule of lot width and lot area requirements.
[Amended 8-17-1987; 9-24-1990]
|
District
|
Lot Width
(feet)
|
Lot Area
(square feet)
|
|---|---|---|
|
R-100A
|
100
|
20,000
|
|
R-90 or R-90A
|
90
|
12,000
|
|
R-75 or R-75A
|
75 for the first dwelling unit, plus 10 for
a second dwelling unit
|
10,000 for the first dwelling unit, plus 1,350
for a second dwelling unit
|
|
R-65 or R-65A
|
65 for the first dwelling unit, plus 10 for
a second dwelling unit
|
8,500 for the first dwelling unit, plus 1,350
for a second dwelling unit
|
|
R-60A
|
60 for first dwelling unit, plus 10 for each
additional dwelling unit; need not exceed 100 feet
|
10,000 for first dwelling unit, plus 5,000 for
each additional dwelling unit
|
|
R-50 or any C
|
50 for first dwelling unit, plus 10 for each
8,000 for first dwelling unit, plus 5,000 for each additional dwelling
unit
| |
|
additional dwelling unit need not exceed 90
feet
|
B.
Exceptions to lot size requirements.
(1)
Lot size exception for existing small lots.
(a)
The lot width or area requirements of this chapter
shall be automatically waived to permit the erection of a single-family
dwelling or the restoration, enlargement (but not including additional
dwelling units), moving, repair or alteration of an existing single-family
dwelling on any lot of record which was owned separately and individually
from all other tracts of land on the effective date of this chapter
or on the effective date of any subsequent amendment increasing the
lot size requirements of such lot, provided that:
(b)
Vacant land or subdivision lots in the same
record ownership on the effective date of this chapter or on the effective
date of any subsequent amendment increasing the lot width requirements
of such lots or vacant land, having in the aggregate a continuous
frontage of more than 1 1/2 times and less than two times the
minimum width requirement of the district where located, may be divided
into two lots of equal lot width, and the lot size requirements shall
be waived to the same extent as for existing small lots; provided,
however, that any such lots or vacant land shall have a depth of at
least 100 feet. For subdivisions filed prior to the effective date
of this chapter and applicable amendments hereto, see § 265-a
of the Town Law.
[Amended 10-14-1963]
(c)
Flag lots. Lots having a reduced frontage for
a driveway servicing the main portion of the lot which is some distance
back from the street and which meets all other zoning requirements
may be allowed in R Districts, provided that the minimum street frontage
is 40 feet and the total lot area is a minimum of one acre. The use
would be restricted to a single-family residence.
[Added 8-17-1987; amended 11-28-2011 by L.L. No.
3-2011]
[Amended 10-14-1963; 8-17-1987; 9-24-1990]
|
Side Yard
(two required)
| ||||
|---|---|---|---|---|
|
District
|
Front Yard (feet)
|
Rear yard
(feet)
|
Minimum
(feet)
|
Total
(feet)
|
|
R-100A
|
40
|
50
|
10
|
20
|
|
R-90
|
30
|
30
|
10
|
20
|
|
R-90A
|
40
|
30
|
10
|
20
|
|
R-75
|
30
|
30
|
5
|
10
|
|
R-75A
|
40
|
30
|
5
|
10
|
|
R-65
|
30
|
30
|
5
|
10
|
|
R-65A
|
40
|
30
|
5
|
10
|
|
R-60A
|
40
|
30*
|
5**
|
10**
|
|
R-50
|
30
|
30*
|
5**
|
10**
|
|
Any C
|
40
|
30*
|
5**
|
10**
|
|
* Or a distance equal to the height of principal
building, whichever is greater.
| ||||
|
** For multifamily dwellings, each side yard
shall be 25 feet or a distance equal to one-half (1/2) the height
of such building, whichever is greater. The total of the two side
yards shall be twice that required for one side yard. The Town Board
shall have the power to reduce said side yard requirements upon showing
of special circumstances or hardship.
| ||||
A.
In R Districts.
(1)
Front yard in any R District: as required for dwellings.
(2)
Rear yard in any R District: as required for dwellings.
(4)
A thirty-foot drive for ingress and egress shall be
provided for all multifamily and special developments. If separate
drives are provided for ingress and egress, they shall be a minimum
of 20 feet.
[Added 9-24-1990]
B.
In any C District.
(1)
Front yard: 40 feet.
(2)
Rear yard: 10 feet; except where a rear yard abuts
an R District boundary, the rear yard shall be 30 feet or a distance
equal to the height of the principal building, whichever is greater.
(3)
Side yards: none required, except:
(a)
Where a side yard is provided, it shall be not
less than five feet in width.
(b)
Where a side yard abuts an R District boundary,
its width shall be not less than that required for side yards for
multifamily dwellings or buildings of mixed occupancy in such abutting
R District.
(c)
Where a side yard is used for either vehicular
ingress or egress, it shall be not less than 12 feet in width.
(d)
Where a side yard is used for ingress and egress,
it shall be not less than 25 feet in width.
(e)
A required side yard may not be used for ingress
or egress in the multifamily or special development projects. The
Town Board shall have the power to allow this, upon showing of special
circumstances or hardship.
[Added 9-24-1990]
(4)
A thirty-foot drive for ingress and egress shall be
provided for all multifamily and special developments. If separate
drives are provided for ingress and egress, they shall be a minimum
of 20 feet.
[Added 9-24-1990]
A.
Front yard exceptions.
(1)
In R Districts. Any lot less than 100 feet in depth
need not have a front yard depth greater than the average front yard
setback of existing principal buildings on abutting lots fronting
on the same street.
(2)
In C or M Districts. Any lot less than 100 feet in
depth need not have a front yard depth greater than the average front
yard setback of existing principal commercial or industrial buildings
on abutting lots fronting on the same street.
(3)
Coin-operated vending machines. The front yard requirement
for coin-operated vending machines shall be 20 feet.
[Added 6-18-1973]
(4)
The front yard requirements for outdoor selling of
fruits, vegetables and/or other products shall be 25 feet
[Added 6-17-1974]
B.
Rear yard exception for through lots. On a through
lot where the rear lot line coincides with a street line, a front
yard equivalent shall be provided. The rear yard depth requirements
in the district regulations shall not apply to that portion of a through
lot where a front yard equivalent is required.
C.
Exterior side yard for corner lots. On a corner lot
the required width of the exterior side yard shall be the same as
the front yard requirement along the street on which the exterior
side yard abuts.
[Amended 8-17-1987]
D.
Side yard exception. Notwithstanding any other provision
of this article, in any C or M District, where a side yard is used
for parking or a multilevel parking structure, the only required side
yard shall be an exterior side yard of 10 feet as measured from the
property line at the street.
[Added 1-25-1999]
In any district where a front yard of 15 feet
or more is required by this chapter, no sign, fence, wall, hedge,
shrub planting or tree foliage which obstructs vision at elevations
between three and seven feet above the street level shall be placed
or maintained within the triangular area formed by two intersecting
street lines and a line connecting points on such street lines 50
feet distant from their point of intersection. This regulation shall
not apply to any necessary retaining wall or to buildings existing
on the effective date of this chapter.
The height limitations of this chapter shall
not apply to:
A.
Chimneys, flues, spires or belfries.
B.
Elevator or stair bulkheads, roof water tanks or cooling
towers (including enclosures), provided that such structures, in the
aggregate, do not occupy more than 10% of the roof area.
C.
Flagpoles, radio or television antennas, masts or
aerials located on a building and extending not more than 20 feet
above the roof of such building.
E.
Wind turbines
or windmills located on a building and extending not more than 20
feet above the roof of the principle building. If mounted freestanding,
said wind turbine or windmill shall not exceed 40 feet in height and
have a fall zone of said structure permitted in C-1 Zoning to M-2
Zoning.
[Added 11-28-2011 by L.L. No. 3-2011]
[Added 8-17-1987]
To the fullest extent feasible, building heights
and other obstructions to sunlight shall be regulated (on southerly
lots) to provide adjoining northerly lots the following level of access
to sunlight:
A.
Sunlight shall be available to rooftop solar collectors
for approximately three hours before and three hours past solar noon
on November 1 (the east-west limits of skyspace determined by the
hours; the lower limit determined by the month).
A.
In the case of a building having mixed occupancy,
400 square feet of open space for each dwelling unit contained in
such building shall be provided on the lot exclusively for recreation
and household service activities.
B.
No part of any required front yard or required side
yard shall be counted as usable open space as herein required.
[Added 8-10-1970]
A.
In determining the minimum livable floor area as required
in any district, no area shall be included whose floor is below the
finished grade.
B.
"Finished grade" shall be the natural surface of the
ground within 15 feet of the building or the surface of the ground
within 15 feet of the building after completion of any change in contour.
|
Table—Minimum Sizes of Dwellings
[Amended 8-17-1987] | ||
|---|---|---|
|
District
|
Livable Floor Area
(square feet)
|
Conditions
|
|
R-90 or R-90A
|
1,500
|
Where apartment or 2-family dwelling is permitted,
area of
|
|
R-75 or R-75A
|
1,100
|
each dwelling unit shall be approved by
|
|
R-100A, R-65 or R-65A
|
900 1,200
|
the Town Board but 2-family dwelling shall be
not less than 500 square feet.
|
|
R-50, R-60A or any C
|
900
|
Single-family dwelling
|
|
1,200
|
2-family dwelling
| |
|
500
|
For each dwelling unit in multifamily dwellings
| |
All required yards for group dwellings shall
be measured from the dwellings nearest the respective front, side
and rear lot lines. No principal building shall be nearer any other
principal building than a distance equal to the average height of
such buildings.
A.
Location of accessory buildings, structures and other
improvements. No accessory building, structure or other improvement
shall be erected or altered so as to:
[Amended 9-8-2014 by L.L.
No. 10-2014]
(1)
Be in any required front yard or required side yard,
except that an attached garage may extend three feet into a required
side yard, provided that such garage is not nearer than five feet
to any lot line.
[Amended 10-14-1963]
(2)
Be nearer than 10 feet to any dwelling unless attached
thereto or nearer than five feet to any other building.
(3)
Be within three feet of any side or rear lot line.
B.
Fences in R Districts. Fence heights shall not exceed four feet in height in any front or side yard or six feet in height in any rear yard. Fences shall not be allowed to project any more than 10 feet into a front yard. If a building does not have required front yard setback as per § 120-30, no projection shall be allowed.
[Amended 8-17-1987; 1-22-1990]
C.
Projections into required yards. The following structures
shall be permitted within required yards:
(1)
Accessory uses as permitted by the district regulations
shall be permitted in required rear yards.
(2)
Roof projections of not more than two feet.
(3)
Windowsills or other ordinary projections to an extent
of not more than four inches.
(4)
Unenclosed porches or unenclosed steps not extending
above the first floor level may project into a required yard not more
than 1/4 the required width or depth of such yard, but not nearer
any lot line than five feet.
D.
Coverage of rear yards. In any R District, accessory
buildings and roofed projections shall not occupy more than 30% of
a required rear yard of an interior lot nor more than 40% of a required
rear yard of a corner lot.
E.
Driveways.
Driveways shall be a minimum of three feet from the side lot line.
[Added 9-8-2014 by L.L.
No. 10-2014]
F.
Pools.
Pools, in-ground or aboveground, shall be a minimum of 10 feet from
any principal structure and five feet from any accessory structure.
Decks, patios or other similar structures are not permitted to connect
the principal structure to the pool.
[Added 9-8-2014 by L.L.
No. 10-2014]
[Amended 8-17-1987]
Except for gasoline pumps, identification signs or off-street parking, as regulated by other provisions of this chapter, no storage or processing of any kind shall be permitted in any required yard in any C or M District. Accessory buildings shall be set back from R District boundaries for a distance at least equal to the height of any such accessory building. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the provisions of § 120-39. Fences shall be permitted as regulated in R Districts.
