A.
In all districts:
(1)
Accessory buildings shall be on the same lot as the
principal building and shall not be used for residential purposes.
(2)
Accessory buildings, including garages, if detached
from a main building or if connected only by an open breezeway-type
structure, shall be not less than 10 feet from the main building.
(3)
A private garage may be constructed as a structural
part of a main building, provided that, when so constructed, the garage
walls shall be regarded as the walls of the main building in applying
the front, rear and side yard regulations of this chapter.
(4)
Accessory buildings, including private garages, shall
not be placed within a required front yard nor within a required side
yard.
(5)
Access driveways may be located within a required
yard.
(6)
Required accessory off-street parking areas or truck
loading spaces shall not be encroached upon by buildings, open storage
or any other use.
(7)
The storage of manure or of odor- or dust-producing
substances as an accessory use shall not be permitted within 50 feet
of any side or rear lot line or within 100 feet of any front lot line.
(8)
With respect to animal husbandry, excluding the keeping
of animals as household pets, the following provisions shall apply:
(a)
All shelters provided for livestock, fowl or
furbearing animals shall be at least 100 feet from any property line,
except that an existing shelter may remain and be added to, provided
that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided
for in such a manner as to prevent any nuisance or sanitary problems.
(c)
The keeping of more than two dogs over six months
old shall be considered animal husbandry.
(9)
No overall floodlighting or general area lighting
shall be located in a required yard, except where required by law;
further, any light source used for such purposes in other portions
of a lot shall not be visible from the lot line and shall be so directed
as to light only the ground area or building walls and not the general
environment.
B.
In residence districts:
(1)
Accessory buildings shall be on the same lot as the
principal building and shall not be used for residential purposes.
(3)
Accessory off-street parking spaces, other than those
which might be incidentally available within the actual driveway area,
shall not be located within any front yard or required side yard or
within 10 feet from any property line in a required rear yard. Nothing
herein shall be construed to prohibit a second driveway on a property,
provided that:
[Amended 12-6-2000 by L.L. No. 8-2000]
(a)
The property has a lot width of 100 feet or
more;
(b)
The nearest points of the driveways shall be
no closer than 50 feet to each other measured at the street and at
the property line nearest the street;
(c)
The driveway shall be no closer to the street
or any property line than 20 feet measured along a radius at the midpoint
of a line between the nearest points of the driveways at the street
or at the property line, whichever is longer;
(d)
The width of the driveway shall not exceed 12
feet; and
(e)
Each driveway leads to a permitted parking area
or garage on that property.
(4)
The exterior wall of an accessory building located
in a required rear yard may not exceed 10 feet in height above the
adjacent grade.
(5)
The slope of a driveway shall not exceed 15%.
(6)
In
the B Residential Zoning District the driveway width through the lot
shall not exceed 22 feet measured from the front lot line through
the required front yard and a maximum of 20 feet through the right
of way to the edge of the street pavement.
[Added 10-1-2009 by L.L. No. 5-2009; amended 2-4-2010 by L.L. No. 1-2010]
C.
In business districts:
(1)
Accessory off-street parking areas may be located
in required side or rear yards and in required front yards which do
not adjoin a residence district, provided that they are set back at
least 10 feet from all property lines and further provided that they
do not encroach on required landscaped areas or buffer strips.
(2)
Accessory buildings and structures that are above
the finished grade shall not be located within a required front or
side yard or a required buffer strip.
(3)
Accessory buildings and structures that are completely
below the finished grade may be located in any required front, side
or rear yard.
A.
Unless otherwise permitted in this section, every
part of a required yard shall be open to the sky, unobstructed except
for:
(1)
Retaining walls or fences.
(2)
An accessory building in a rear yard.
(3)
The ordinary projection of sills, belt courses and
ornamental features projecting not to exceed 12 inches.
(4)
Cornices and eaves projecting not more than 18 inches.
(5)
Fireplaces encroaching not more than two feet into
a required side yard.
[Added 12-19-79]
B.
Open balconies shall be permitted to encroach on any
required front or rear yard, as well as on any side yard which abuts
a street line, for a depth not to exceed four feet and for a total
length not to exceed 50% of the total length of the wall to which
they are applied, provided that the underside of any balcony which
encroaches upon any required yard shall be at least nine feet above
the grade directly below same.
C.
Unenclosed porticos, whether serving a single entrance
or two separate entrances, shall be permitted to encroach on a required
front yard for a depth not to exceed five feet and a width not to
exceed nine feet. The roof and supports of the structure may be constructed
of any approved material, but the front and sides must remain completely
open.
[Added 9-5-84; amended 2-5-86]
Where a lot extends through from street to street,
the applicable front yard regulations shall apply on both street frontages.
A.
In the layout of a development of garden apartments
or other groups of buildings on a lot, a horizontal distance of not
less than 30 feet or 2/3 the height of the higher building, whichever
is the greater, shall be maintained between all main buildings and
between main buildings and major detached accessory buildings or groups
of accessory buildings, such as a garage compound, having a ground
coverage equal to that of a main building.
B.
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C.
The requirements of this section may be modified in
the case of a special exception use for a planned office park.
A.
Except as herein contained, nothing shall restrict
the height of the following: spires, belfries, cupolas, domes, chimneys,
ventilator elevators or stair bulkheads, water tanks and necessary
mechanical appurtenances usually carried above the roof level.
B.
Such features, erected pursuant to Subsection A of this section, shall be built only to such height as is necessary to accomplish the purpose that they are to serve and shall not:
(1)
Exceed 25% of the ground floor area of the building.
(2)
Exceed 20 feet in height, except for the spire, belfry,
cupola or dome of a church, synagogue or similar place of worship.
(3)
Be used for residence or tenancy purposes.
(4)
Have any sign, nameplate, display or advertising device
whatsoever inscribed upon or attached to such building or structure.
C.
Personal wireless services facilities. Notwithstanding Subsection A or B or this section and the maximum height otherwise applicable to buildings or structures in any given zoning district, personal wireless services facilities shall be subject to the following height limitations:
[Added 11-5-1997]
(1)
Structurally mounted. The height of any antennas or
other associated equipment structurally mounted in a personal wireless
services facility shall not exceed by more than seven feet the highest
point of the existing structure on which such antennas or equipment
are affixed, except that a whip antenna shall not exceed by more than
12 feet the highest point of the existing structure on which such
antennas or equipment are fixed.
(2)
Monopole or tower. A monopole or tower utilized in
a personal wireless services facility shall not exceed 75 feet in
height.
[Amended 7-22-2010 by L.L. No. 8-2010]
In order to assure an orderly and compatible
relationship between residence districts and business districts along
their common boundary lines and the attractive development of business
districts, the following requirements shall be met:
A.
Required
buffer strips in SB-0, SB-1, SB-35 and SB-100 Districts shall be left
in natural woodland or, if not already wooded, shall be planted with
dense evergreens and suitably maintained. In applying this requirement,
frontage on an express highway shall be considered to adjoin a business
district.
B.
In the
SB-100 District, landscaped parking areas, stormwater management facilities,
wetland restoration/enhancement areas, and internal circulation roadways
may be located within a required buffer strip, provided that they
shall not be within 100 feet of any property line adjoining a street
or within 50 feet of any property line not adjoining a street. In
an SB-35 District, landscaped parking areas and internal circulation
roadways may be located within a required buffer strip adjoining a
road entirely within an SB-35 District or an Interstate Express Highway
as shown on the Master Plan, provided that they shall not be within
50 feet of any property line.
C.
Accessory
roadways and vehicular entrances shall not be on any street frontage
across from the residence district, except on a street classified
as a thoroughfare or an express highway as shown on the Master Plan
and except on any other street when such accessory roadway or vehicular
entrance is opposite an interchange ramp from an express highway as
shown on the Master Plan.
D.
Where a PB, NB, CBD or MFR District adjoins a residence district on a side or rear yard, there shall be a six-foot high stockade-type fence or its equal to be erected and maintained by the business district property owner along the common side and rear property lines; provided, however, that the Planning Board, in the course of its site plan review, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage or where the requirements of § 235-7I apply.
E.
Off-street
parking areas with a capacity of 50 or more spaces shall have landscaped
islands within the off-street parking area at the rate of 15 square
feet for each parking space. In the SB-100 District, new parking areas
which are physically connected and adjacent to existing off-street
parking areas constructed prior to the effective date of this chapter
of November 18, 1974, need not comply with the foregoing requirement.
F.
In the
PB, NB and CBD Business Districts, the required ten-foot setback for
off-street parking area shall include a continuous landscaped strip,
except at access points, not less than five feet wide, designed to
partially screen such off-street parking areas.
[Added 11-7-1990; amended 7-22-2010 by L.L. No. 8-2010]
A.
Intent.
In order to preserve the rural and residential character as well as
the special qualities of the built and natural environment in the
area of town which is commonly known as "Purchase," the following
buffer setback provisions along major roadways shall apply.
B.
Roadway
buffer setback. A minimum buffer setback of 100 feet shall be established
along each of the following roadways: Purchase Street, Barnes Lane,
Lincoln Avenue, Cottage Avenue and Anderson Hill Road. This setback
shall be maintained in its natural state or landscaped, in accordance
with the determination of the Planning Board, and shall be maintained
by the property owner. Except where approved street or streets cross
such buffer setback areas, a permanent open space preservation easement
may be required by the Planning Board prior to the granting of any
building permit for any development abutting any of Purchase Street,
Barnes Lane, Lincoln Avenue, Cottage Avenue and Anderson Hill Road.
A.
Usable open space shall be provided on the site of
multiple dwellings at the rate of 200 square feet for each dwelling
unit.
B.
In addition to the required usable open space, the developer shall be required to pay a park fee to the Town as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code. All such permits shall be held in a special Park and Recreation Site Acquisition and Improvement Fund, to be used either for the acquisition of sites that are properly located for neighborhood park, playground or recreational purposes or for the physical improvement of such sites.
[Amended 2-21-2007 by L.L. No. 1-2007]
C.
The minimum dimension of any area designed as usable
open space shall be 15 feet.
[Amended 8-4-1999 by L.L. No. 7-1999; 11-17-1999 by L.L. No.
8-1999; 9-4-2008 by L.L. No. 8-2008]
Permit required.
A.
For the purposes of this section, the term "fence"
also includes every type of wall, and a repair made to more than 25%
of an existing fence shall be considered a replacement. No person
shall erect or install a new fence or shall extend, enlarge, replace
or substantially modify an existing fence without having obtained
a permit from the Building Inspector.
B.
An application for a permit shall be made to the Building
Inspector, on forms provided by the Building Department, and shall
contain the following information:
(1)
An accurate plan showing property lines and the location
of the proposed new or modified fence on or within the applicant's
property lines and the height of the proposed new or modified fence.
(2)
The full name and address of the owner and of the
applicant.
(3)
A brief description of the materials to be used.
(4)
Such other information as may reasonably be required
by the Building Inspector to establish compliance with all applicable
requirements.
|
Fences, walls.
|
C.
In residence districts.
(1)
No fence or wall in a required front yard shall have
a height greater than four feet.
(2)
No fence or wall in a required rear or side yard shall
have a height greater than six feet, six inches.
(3)
In no case shall any fence or wall have a height greater
than six feet, six inches.
(4)
All fences to be erected will have a finished side
of the fence facing toward adjoining neighboring property(ies).
(5)
Corner lot fences and walls. Fences and walls on corner
lots may be up to six feet, six inches high in required front yards
that are opposite side yard lines only if:
(a)
The fence is installed in that portion of the
required front yard that lies between the nearest rear wall of the
dwelling and the rear lot line.
(b)
The fence is set back a minimum of five feet
from the front lot line.
(c)
Appropriate ornamental planting or natural buffer
is provided in the form of plant material approved by:
(6)
Fences on through lots, as defined by this Code, may
be up to six feet, six inches high in the front yard that is not used
as the primary access to the dwelling only if:
(a)
The fence is installed in that portion of the
required front yard that lies between the nearest rear wall of the
dwelling and the rear lot line.
(b)
The fence is set back a minimum of five feet
from the rear lot line.
(c)
Appropriate ornamental planting or natural buffer
is provided in the form of plant material approved by:
(7)
In the R-1, R-2, R-2.5 Zoning Districts, a gate and/or
gateposts at a driveway entrance or exit, which are set back 10 feet
from the front lot line or 20 feet from the edge of pavement, whichever
is greater, may exceed the foregoing height limitation but shall not
exceed eight feet in height and for not more than an aggregate width
of 25 feet. In all other Residence Districts, the height limitations
apply.
(8)
Flagpole lot fences and walls.
(a)
Fences and walls on flagpole lots may be up
to six feet six inches high in the required front yards.
(b)
No fence or wall installed along the pole portion
of the lot shall have a height greater than four feet within a distance
from the right-of-way equal to the required front yard setback.
(c)
No fence or wall installed along the pole portion
of the lot a distance greater than the required front yard setback
from the right-of-way shall have a height greater than six feet, six
inches.
(9)
Outdoor tennis courts, paddle courts, basketball courts, and other similar courts which are located in conformance with § 235-9B and § 235-18B(2) may be fenced to a height not to exceed 10 feet above the average natural grade only if:
(a)
The fence is an open mesh type (chain link).
(b)
Screened from the view of the street and abutting
residentially owned properties. Such screening shall be a landscape
strip planted with evergreens, with an actual height of at least six
feet above the natural grade when installed.
(c)
Fence enclosures may be equipped with the customary
attached windbreaks.
E.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence or wall, except that any fence or wall on the uphill side of a retaining wall may be at least four feet high, notwithstanding the provisions of Subsections C and D.
[Amended 1-29-2018 by L.L. No. 1-2018]
F.
Electronically charged aboveground fences, barbed-wire
fences and other fences constructed of sharp materials are not permitted.
G.
Retaining walls of heights up to six feet six inches may be permitted
within the required front yard setback to necessitate the retainage
of preexisting grades only.
[Added 1-29-2018 by L.L.
No. 1-2018]
[Amended 8-4-1999 by L.L. No. 7-1999]
On a corner lot in any district except the PB,
NB, CBD, MFR and MF Districts, within the triangular area determined
as provided in this section, no wall or fence or other structure shall
be erected to a height in excess of two feet, and no vehicle, object
or any other obstruction of a height in excess of two feet shall be
parked or placed, and no hedge, shrub or other growth shall be maintained
at a height in excess of two feet, except that trees whose branches
are trimmed away to a height of at least 10 feet above the curb level,
or pavement level where there is no curb, shall be permitted. Such
triangular area shall be determined by two points, one on each intersecting
street center line, each of which points is 50 feet from the intersection
of such street center line.
[Amended 7-10-1996]
A.
Swimming pools, pumps, filters, compressors or other
pool-related equipment may be located within that portion of the lot
in which accessory buildings are permitted under the provisions of
this chapter applicable to the district in which such lot is located;
provided, however, that within the B Two-Family Residence District
and the R-75 and R-50 One-Family Residence Districts, no swimming
pools shall be located within 10 feet, or within any other residence
district, no swimming pool shall be located within 20 feet of side
and rear property lines nor shall be set back less than 60 feet from
any street in the B District and the R-75 and R-50 Districts, and
75 feet in all other districts.
[Amended 4-25-2001 by L.L. No. 3-2001; 1-8-2004 by L.L. No. 1-2004]
B.
Every permanent in-ground swimming pool shall be surrounded
by a fence acceptable by the Building Inspector not less than four
feet high. Each opening in such fence shall be protected with a self-closing
securely locked gate.
C.
All aboveground pool ladders shall either be removed
from the pool area or locked in a retracted position when the pool
is not in use.
D.
Decks shall not be permitted on the side of a aboveground
pool adjacent to any property line unless the deck complies with the
applicable yard setback requirement.
[Amended 11-6-1996]
E.
No swimming pool may be installed except with proper
drainage to ensure against infestation or contamination of the area
and vicinity and in accordance with all applicable regulations.
F.
No swimming pool may be erected on a plot of less
than 50 feet by 100 feet.
G.
No electrical pool equipment shall be installed unless
a separate electrical permit is obtained.
H.
No pool shall be constructed without first obtaining
a pool permit from the Building Inspector.
I.
No pool, pump, filter, compressor or other pool-related
equipment shall be constructed, installed or maintained within the
setback required in any Residence District, except as set forth in
Subparagraph A above.
[Added 4-25-2001 by L.L. No. 3-2001]
Nonresidential buildings or uses located on
lots in the NB District abutting both Purdy Street and Soulard Street
shall not have automotive access to Soulard Street, and, further,
their exterior facade facing Soulard Street shall have a residential
character and be compatible with residential uses.
No exposed fire escapes shall be permitted on
any side of a building which fronts on a street.
A.
Except in the R-75, B and MF Residence Districts and
in the PB, NB, CBD and MFR Business Districts, all buildings and structures
shall be set back at least 50 feet from the seasonal high water level
water's edge or established channel lines of streams and other water
bodies, as established by the Town Board. Where such lines have not
been established by the Town Board, reference shall be made to those
established by other governmental bodies such as the state, the county,
the Soil Conservation Service or the United States Department of Housing
and Urban Development, Federal Insurance Administration.
B.
Any building permit for a building or structure in
the R-75, B and MF Residence Districts and in the PB, NB, CBD and
MFR Business Districts, on a lot bounded by or in which a stream or
other water body is located, shall be transmitted to the Town Engineer
for a recommendation as to how the stream or water body shall be accommodated.
Such recommendations shall be confirmed by a resolution of the Town
Board prior to issuance of a building permit conforming to the recommendations.
[Amended 12-2-1981; 4-6-2010 by L.L. No. 6-2010]
A.
All buildings now or hereafter being built in flood areas, as defined by the latest Flood Insurance Rate Map prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, shall be built with the lowest elevation of any floor, including basements, cellars, or habitable space, in compliance with the standards set forth in Chapter 146, §§ 146-5.3 and 146-5.4 with regard to the flood zone the property is located in. The one-hundred-year flood elevation shall be that elevation established by the United States Department of Housing and Urban Development for the one-hundred-year storm and indicated on the above-referenced Flood Insurance Rate Maps.
B.
All plans
for buildings built in flood areas as defined above shall be transmitted
to the Town Engineer for a recommendation as to the minimum floor
level of the building and the final grading of the property. Such
recommendation must be confirmed by a resolution of the Town Board
prior to the issuance of a building permit conforming to the recommendations.
[Amended 3-17-1993]
The minimum lot width at the front lot line
in any residence district shall be not less than 75% of the required
lot width at the required minimum front yard depth, but in no case
shall it be less than 50 feet.
[Added 3-17-1993]
Dwellings constructed on individual residential
lots shall be oriented in such a way that the front door faces the
public street on which the lot has legal frontage.
[1]
Editor's Note: Former § 235-33.1,
PO-Professional Overlay District, added 3-1-1989, was repealed 3-18-1992.
[Added 7-5-1995]
A.
Performance standards. No land or structure in the
GC — General Commercial District shall be used or occupied in
any manner so as to create any dangerous, injurious, noxious or otherwise
objectionable conditions, including but not limited to fire, noise,
smoke, odor, dust, vibration, heat, electrical disturbance, glare,
liquid or solid waste or any other substance, condition or element
in such a manner or amount as to affect the surrounding or adjoining
premises.
B.
Frontage on Osborn Road. Osborn Road has been identified as a gateway to downtown Harrison, warranting additional protection. A minimum setback of 15 feet shall be provided along Osborn Road. Such setback shall be landscaped and maintained pursuant to a landscape plan approved by the Planning Board pursuant to § 235-71. No parking or storage of automobiles shall be permitted within this setback area. This distance shall be reduced by the Planning Board if the landscaped area is replaced with a visually impervious landscape buffer satisfactory to the Planning Board.
[Added 10-4-2018 by L.L.
No. 5-2018 (T)]
A.
To better facilitate the construction of two-family dwellings that
respect the existing land characteristics of individual parcels without
the need for excessive retaining walls or changes of grade, better
manage elevation differentials between properties and adequately accommodate
usable off-street parking, the following provisions shall apply in
all B — Two Family Residence Districts and shall supersede any
other section of this Chapter where a conflict exists.
B.
All levels of a dwelling unit shall be set to best correlate with
the existing topography of the site; minimize structure exposure,
retaining walls, and grade change. This may include the implementation
of increased floor-to-ceiling heights, and/or alternate access configurations.
(1)
Setting of lowest floor. The lowest floor of the dwelling shall
be set in order to minimize grading and shall be no higher than four
vertical feet above the lowest pre-existing ground elevation along
the rear property line. In order to establish this elevation, an applicant
proposing to construct a dwelling in the B two-family district shall
submit a topographic survey accurately depicting elevations along
the rear property line to the Town Engineer, who shall confirm and
fix the elevation of the lowest floor. In no case shall the lowest
floor of a dwelling be set more than five feet above the edge of road
at the center of the parcel frontage.
(2)
Building height. The height of a residence in the B district
shall be measured from two feet above the lowest floor to the mid-point
of the roof. A flat roof on a residential structure in the B district
shall not be permitted. In an instance where the lowest level of a
dwelling is more than half-buried by the pre-existing ground level,
the building height shall be measured from the midpoint of the clear
height of the lower level to the mid-point of the roof.
(3)
Story count. The lowest level of a dwelling in the B district
shall not be counted as a story, regardless of its designation as
a basement or cellar.
(4)
Finished exposure. The exterior walls of a dwelling in the B
district shall be fully finished with an architectural facade to the
finished grade. No substantial concrete foundation exposure shall
be permitted.
(5)
Off-street parking. No required off-street parking spaces shall
have a slope in excess of 5% in any direction.
(6)
Attached garage.
(a)
In instances where a conforming driveway or parking area cannot
connect to a garage within the lowest level of a conforming dwelling
due an excessive grade differential between the two, the garage may
be placed on an upper level of the dwelling unit.
(b)
To minimize impacts of substantially exposed foundations, in instances where the garage is proposed to be located within the lowest level of the dwelling unit and proposed to be compliant with § 235-33.3A and 235-33.3E, the following mitigation measure shall be required:
[1]
Where the existing ground elevation at the rear
property line is below, or less than seven vertical feet above the
existing ground elevation at the front property line, the driveway
and off-street parking area shall extend into the parcel at a negative
gradient of 9%, thereby superceding § 235-33.3E.
(7)
Retaining walls. No retaining wall greater than three feet in
height shall be located within four horizontal feet of the rear property
line.
(8)
Any application consisting of a parcel having an elevation differential
of 15 feet or more between the ground surface at the front and rear
property lines shall be referred to the Planning Board for site plan
approval, which may provide relief from the requirements of this chapter.
