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.
(2) 
No accessory building or structure shall be located nearer to the street line than the following setbacks:
(a) 
R-2.5, R-2, R-1, R-1/2, R-1/3 and GA Districts: 75 feet.
[Amended 11-7-1990]
(b) 
R-75, R-50 and B Districts: 60 feet.
[Amended 1-8-2004 by L.L. No. 1-2004]
(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. 
Inner courts. In all districts, the least horizontal dimension of any inner court at its lowest level shall be not less than the larger of the following two dimensions:
(1) 
A distance equal to the greatest height of any wall forming part of such court.
(2) 
15 feet.
B. 
Outer courts. The width of any outer court shall not be less than 2/3 the greater height of any opposing walls, and the depth shall not be greater than 1 1/2 times the width.
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:
[1] 
The Building Inspector for a proposed fence that is not part of site plan review or subdivision approval.
[2] 
The Planning Board pursuant to § 204 for a proposed fence that is part of a subdivision application.
[3] 
The Planning Board pursuant to § 235-71 for a proposed fence that is part of a site plan application.
(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:
[1] 
The Building Inspector for a proposed fence that is not part of site plan review or subdivision approval.
[2] 
The Planning Board pursuant to § 204 for a proposed fence that is part of a subdivision application.
[3] 
The Planning Board pursuant to § 235-71 for a proposed fence that is part of a site plan application.
(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.
D. 
In a Business District:
(1) 
No fence or wall exceeding four feet in height within the required front yard or exceeding eight feet in height within a required side or rear yard shall be constructed on any lot.
(2) 
The height of any other fence or wall shall not exceed 10 feet in height.
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.
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.
[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.