The various zoning districts of the Town of Glenville, as well as the attendant lot and area regulations, are detailed in Article V of this chapter. The lot and area regulations and the requirements for accessory uses prescribed in this article are designed to complement the dimensional requirements of Article V, and to address miscellaneous development scenarios.
In the event that conflicting provisions are discovered within this chapter relative to required yard, lot, and other dimensional requirements, the regulations or provisions which are more restrictive or which impose the higher standard shall apply.
A. 
Number of dwellings per lot. Not more than one detached single-family or two-family dwelling shall be located on a lot. Detached single- and two-family dwellings may share a lot with buildings used for other purposes.
B. 
Lot width measurement. Minimum lot widths are prescribed in Article V. The width of a lot is to be measured along the front property line.
C. 
Lot depth measurement. Minimum lot depths are prescribed in Article V. There may be occasions when the depth of a lot is not uniform across the entire width of the lot. In these instances, lot depth is to be calculated by taking the average depth of the lot along each side lot line, and perpendicular from the midpoint of the front property line. This will result in the averaging of three numbers. The average must exceed the minimum lot depth requirement in order for the lot to considered legal relative to lot depth.
D. 
Keyhole/Flag lots. Keyhole lots that legally exist at the time of adoption of this chapter are allowed to continue as nonconforming lots. However, by applying the minimum lot width standard as noted above in § 270-6B, the creation of new keyhole lots is prohibited.
E. 
Obstruction of corner lots. At all street intersections, no obstruction to vision exceeding three feet in height above the finished grade of the street at the property line will be allowed in the roughly triangular area which is formed by the linear connection of the following three points:
(1) 
Point A: the intersection of the pavement of the two streets.
(2) 
Point B: a point 30 feet up one of the streets from Point A.
(3) 
Point C: a point 30 feet up the other street from Point A.
A. 
Front yards. In determining the minimum front yard setbacks for lots, the front yard is the area generally located between the street and the principal structure, regardless of the orientation of the structure or the location of the driveway(s).
B. 
Front yards for corner lots. On lots located on a street corner with an angle no larger than 120°, the minimum front yard setback must be met for the yard along both streets. For corner lots where the angle of the street intersection is greater than 120°, the front yard shall be considered the area between the front of the building and the street that most closely parallels the front of the building.
C. 
Side and rear yards for corner lots. On corner lots in which it has been determined that two front yards exist, the rear yard shall be the area between the rear of the house or structure and the lot line most parallel to the rear of the house or structure. In determining what constitutes the rear of the house or structure, it is the side of the house or structure opposite the front door or main entrance. The remaining yard becomes the side yard by default.
D. 
Yard requirements for attached accessory structures. All accessory structures that are attached to the principal building (i.e., attached garages, attached covered patios, etc.) shall comply with the yard setback requirements of the principal building.
E. 
Yard requirements for buildings not parallel to lot lines. Often residences and buildings are not oriented so that they are parallel to the front, rear, or side lot lines. Regardless of the building orientation, all points on the wall of a building must meet the applicable minimum front, rear, and side yard setback requirements.
F. 
Extension of building line where setbacks are presently substandard. In those instances where a building does not meet one or more of the minimum yard setback requirements, the building may be extended or added to without the need for an area variance, provided the building extension or addition does not decrease the already substandard yard setback.
G. 
Use of yards. Every part of a required yard setback must be free of permanent buildings and structures, except for the maximum allowed projections of the following:
(1) 
Open fire escapes: six feet into the side or rear yard setback only; not allowed in front yards.
(2) 
Awnings and movable canopies: six feet.
(3) 
Cornices or eaves: three feet.
(4) 
Uncovered steps and porches (not including decks): six feet.
(5) 
Ornamental features or facade projections: six feet.
(6) 
Flags and banners mounted on the structure: eight feet.
H. 
Prohibited uses within yards. Unless otherwise permitted in this chapter, yards are not to be used for the storage of merchandise, equipment, building materials, junk, garbage, unregistered vehicles, vehicle parts, signs, unused fencing, etc.
I. 
Screening of dumpsters and utilities. Dumpsters, ground-level exterior heating and air-conditioning units, and similar items and utilities used for commercial or industrial uses shall be screened from public rights-of-way and from residentially zoned or residentially developed properties via vegetation and/or solid fencing.
J. 
Trucks within residential districts. Excluding one-ton pickup passenger trucks , trucks with a carrying capacity of one ton or more may not be parked overnight on any residentially zoned property, except for trucks which are used as part of an agricultural operation or trucks used for the maintenance or upkeep of multifamily residential properties. In these instances, such trucks must either be parked within a barn, garage or similar structure or, if parked outside, located no closer than 75 feet to any dwelling or property line.
[Amended 11-18-2020 by L.L. No. 20-2020]
K. 
RVs, campers, boats, etc. within residential districts. RVs, campers, popup campers, boats, snowmobiles, all-terrain vehicles, and similar vehicles, as well as trailers for hauling such vehicles, are not permitted within any residential front yard, unless enclosed within a garage, boathouse, or other structure that is in compliance with this chapter. Also, any such vehicles located in side or rear yards are to be parked on an existing driveway, or on an apron of concrete, brick, block, asphalt, crushed stone, or any other finished surface that prevents the growth of grass or weeds.
L. 
Transitional yard requirements adjacent to industrial and warehousing uses. Where the side or rear lot line of a property in which an industrial or warehousing use is proposed abuts a property that is either already developed for nonindustrial or nonwarehousing purposes, or is zoned for something other than industrial or warehousing use, a minimum fifty-foot-wide buffer is to be maintained between the developed portion of the industrial or warehousing site and the abutting side or rear property line. This buffer is to remain free of buildings, structures, parking, roadways, dumpsters, etc. Further, the Planning and Zoning Commission and/or Zoning Board of Appeals may require landscaping, fencing, berming, and other forms of screening within this buffer area.
M. 
Transitional yard requirements adjacent to commercial uses. Where the side or rear lot line of a property in which a commercial use is proposed abuts a property that is either already used for residential or park use, or is zoned for residential or park use, a minimum thirty-foot-wide buffer is to be maintained between the developed portion of the commercial site and the abutting side or rear property line. This buffer is to remain free of buildings, structures, parking, roadways, dumpsters, etc. Further, the Planning and Zoning Commission and/or the Zoning Board of Appeals may require landscaping, fencing, berming, and other forms of screening within this buffer area.
N. 
Setbacks on properties with buildings in excess of 20,000 square feet of gross floor area. When a structure in excess of 20,000 square feet of gross floor area is proposed on a lot adjacent to property zoned Suburban Residential, Rural Residential and Agricultural or Multi-Family, a side and rear yard building setback of 100 feet or greater must be provided.
A. 
General. Rooftop HVAC units, refrigeration units, venting apparatus, fans and similar features are subject to the height limitations of the zoning district in which the property is located.
B. 
Exceptions. The maximum height of structures for each zoning district is prescribed in Article V of this chapter. However, the following uses are exempt from the height restrictions of this chapter: flagpoles, radio antennas, television antennas, personal wireless service facilities, steeples, electric transmission towers and cables, spires or cupolas, chimneys, water tanks, cooling towers, and sports broadcasting towers, except as specified in § 270-8C of this article below.
C. 
Farm structures. Farm structures are also exempted from the height restrictions, except that no farm structure can exceed 75 feet in height.
[Amended 4-5-2006 by L.L. No. 3-2006]
D. 
Height limitations in the vicinity of airports.
(1) 
Airports and their surrounding areas are subject to all applicable federal, state, county and local regulations, including the height limitations as prescribed in Article V of this chapter.
(2) 
For buildings and structures on or in the immediate vicinity of airports in which a runway approach plan has been established by appropriate authorities, the maximum height of buildings is to be determined by the requirements set forth in such approach plan.
(3) 
For buildings and structures within 10,000 linear feet of the boundaries of an airport in which a runway approach plan has not been established, the maximum height of buildings is to be determined by the following:
(a) 
For an airport having the longest runway less than 3,950 in length, buildings and structures located just beyond the boundaries of the airport shall not be in excess of 15 feet in height; and for every 200 linear feet of additional distance from the airport boundaries, the height of the buildings and structures may be increased by not more than 10 feet.
(b) 
For an airport having a runway of 3,950 feet or more in length, buildings and structures just beyond the boundaries of the airport shall not be in excess of 15 feet in height; and for every 200 linear feet of additional distance from the airport boundaries, the height of buildings and structures may be increased by not more than five feet.
(c) 
Where a runway has been designated as the instrument runway, the height of buildings and structures in the first 10,000 linear feet beyond the airport boundaries may be increased by not more than four feet for every 200 linear feet of additional distance from the airport boundaries.
(d) 
Buildings and structures exceeding the above height limitations shall be considered obstructions to air navigation unless found not to be obstructions by the FAA or other appropriate agency.
A. 
Permitted accessory uses and structures in residential zoning districts:
(1) 
Private garages not attached to the dwelling.
[Amended 9-3-2008 by L.L. No. 4-2008]
(2) 
Carports.
(3) 
Private swimming pools.
(4) 
Decks and patios.
(5) 
Tennis courts, basketball courts, volleyball courts, shuffleboard courts, horseshoe pits, and similar outdoor recreation facilities for use by the residents and their guests, but not for commercial gain.
(6) 
Storage sheds and similar outbuildings for the storage of lawn maintenance equipment, tools, bicycles, toys, swimming pool equipment and supplies, etc.
(7) 
Receive-only antennas.
(8) 
Doghouses and similar shelters for household pets.
(9) 
Outdoor fireplaces and barbecue pits.
(10) 
Heat pumps, air-conditioning units, and similar climate-control and utility devices typically located outside of the house.
(11) 
Rolloffs and other temporary dumpsters designed to hold discarded building materials, provided the roll-off or dumpster does not remain on the property for more than 31 days in any six-month period.
(12) 
Barns, silos, stables, coops, crop bins, milk houses, and similar structures on properties used for farming purposes.
(13) 
Portable storage containers are permitted on properties with a principal dwelling under the following conditions:
[Added 8-18-2010 by L.L. No. 5-2010]
(a) 
The property owner must obtain a permit from the Building Inspector and pay the applicable fee therefor. Such permit shall be issued for a period of 30 days, and in no event shall permits be granted for more than 90 days in any twelve-month period.
(b) 
Only one portable storage unit may be permitted on a residential lot.
(c) 
Portable storage units must be placed a minimum of 10 feet from any front, side and/or rear property line. Such units must be located so as to minimize visibility from both public streets and other residential land uses. Units may not be placed in public or private roads or rights-of-way. If placed in a private driveway, the container must be at the furthest accessible point from the street without blocking any building or accessory structure doors, entrances, or exits.
B. 
Permitted accessory uses and structures in nonresidential zoning districts:
(1) 
Private and public garages.
(2) 
Carports.
(3) 
Swimming pools.
(4) 
Decks and patios.
(5) 
Tennis courts, basketball courts, volleyball courts, shuffleboard courts, horseshoe pits, ball fields, outdoor fireplaces, barbecue pits, and similar outdoor recreation facilities.
(6) 
Storage buildings, sheds, and similar outbuildings that house equipment, vehicles, and materials for the tenant(s) of the principal structure.
(7) 
Receive-only antennas.
(8) 
Outhouses and portable bathrooms in association with temporary events of a duration of not more than 14 days.
(9) 
Utility structures and heating and air-conditioning units.
(10) 
Dumpsters.
(11) 
Barns, silos, stables, coops, crop bins, milk houses, and similar structures on properties used for farming purposes.
(12) 
Portable storage containers are permitted on nonresidential property containing a principal commercial building under the following conditions:
[Added 8-18-2010 by L.L. No. 5-2010]
(a) 
The property owner must obtain a permit from the Building Inspector and pay the applicable fee therefor. Such permit shall be issued for a period of 30 days, and in no event shall permits be granted for more than 90 days in any twelve-month period.
(b) 
The maximum number of containers that may be permitted on a nonresidential property will be determined by the Building Inspector after review of the size of the property, the proximity to residential properties, the owner's needs, the anticipated length of time the containers will be utilized and other appropriate factors. In no event shall any one property be permitted more than five portable storage units within any twelve-month period.
(c) 
Portable storage units must be placed a minimum of 10 feet from any front, side and/or rear property line. Such units must be located so as to minimize visibility from both public streets and other residential land uses. Units may not be placed in public or private roads or rights-of-way. If placed in a private driveway, the container must be at the furthest accessible point from the street without blocking any building or accessory structure doors, entrances, or exits. The units must be placed on paved surfaces unless prior approval from the Building Inspector is obtained.
C. 
Location. Accessory structures in the Rural Residential and Agricultural Zone, located on parcels with an area over three continuous acres, may be placed in the front yard if the accessory structure meets the minimum front setback required of a principal structure. In all other residential zoning districts, no accessory structures may be placed in the front yard.
[Amended 11-15-2023 by L.L. No. 6-2023]
D. 
Height. In the Rural Residential and Agricultural Zone, accessory structures must not exceed 35 feet at their peak height. In all other residential zoning districts, accessory buildings must not exceed 20 feet at peak height. Additional exceptions and restrictions outlined in § 270-8 Height limitations, apply to all accessory structures and buildings.
[Amended 11-15-2023 by L.L. No. 6-2023]
E. 
Setback for swimming pools. All swimming pools and their associated equipment and structures (i.e., decks, pumps, etc.) must be located at least 10 feet from side and rear property lines.
[Amended 11-15-2023 by L.L. No. 6-2023]
F. 
Accessory structures in the RA Zoning District:
[Amended 11-15-2023 by L.L. No. 6-2023]
(1) 
All accessory structures of 280 square feet or less in size must be located a minimum of five feet from side and rear property lines.
(2) 
All accessory structures of more than 280 square feet but less than or equal to 1,200 square feet in size must be located a minimum of 10 feet from side and rear property lines.
(3) 
All accessory structures of more than 1,200 square feet but less than or equal to 2,400 square feet in size must be a minimum of 20 feet from side and rear property lines.
(4) 
All accessory structures of more than 2,400 square feet but less than or equal to 3,600 square feet in size must be a minimum of 30 feet from side and rear property lines.
(5) 
No more than 20% of the lot may be covered by accessory structures.
G. 
Accessory structures in all other residential zoning districts:
[Amended 11-15-2023 by L.L. No. 6-2023]
(1) 
All accessory structures 280 square feet or less in size must be located a minimum of five feet from the side and rear property lines.
(2) 
All accessory structures of more than 280 square feet but less than or equal to 576 square feet in size must be located a minimum of 10 feet from side and rear property lines.
(3) 
No more than 20% of the lot may be covered by accessory structures.
H. 
Setbacks for residential decks. All decks associated with a residential use must be located a minimum of 10 feet from side and rear property lines.
[Amended 11-15-2023 by L.L. No. 6-2023]
I. 
Setbacks for all other permitted accessory structures/uses. With the exception of swimming pools and of those setbacks noted in Subsections F, G and H, all permitted accessory structures/uses must be located a minimum of five feet from the side and rear property lines.
[Amended 11-15-2023 by L.L. No. 6-2023]
J. 
Dumpsters. All dumpsters associated with a nonresidential use shall be screened from public streets, rights-of-way, and areas where pedestrians frequently travel. Said screening shall consist of a solid row of evergreens and/or solid fencing sufficient to hide the dumpster from public view.
[Amended 11-15-2023 by L.L. No. 6-2023]