The Planning Board may modify the permitted
height limitations of this chapter as to the following:
A. Rooftop bulkheads, elevator penthouses, water towers,
fire towers, hose towers, cooling towers, air-conditioning or heating
equipment, flagpoles, dish antennas, radio or television aerial, provided
that such features shall not occupy, in the aggregate, more than 10%
of the area of the roof of a building and are set back from the edge
of the roof at least one foot for each one foot by which such features
exceed the maximum height otherwise specified for the district in
which they are located. All mechanical equipment located on the tops
of buildings shall be visually screened. In any district that permits
research and laboratory uses, up to 25% of the area of the roof of
a building may be occupied by specialized air-handling equipment,
lab venting systems and other rooftop equipment specifically related
to the research and laboratory use. The same setbacks from the edge
of the roof required for other rooftop equipment regulated by these
provisions shall apply. Such equipment shall be screened so that it
is not visible from off-site locations.
B. Parapet walls or cornices which do not exceed the
maximum height requirement for the district in which they are located
by more than four feet.
C. Solar energy systems, provided that such systems shall
be erected only to the height certified to accomplish its purpose.
Such certificate is to be issued by a public utility, the manufacturer
of the system or a licensed engineer, and shall be obtained by the
applicant.
[Added 8-16-2023 by L.L. No. 4-2023]
A. Size
limitations established.
(1) The following size limitations apply to all accessory buildings
to one-family residences, one-family detached residences, or one-family
semiattached residences:
(a) On any lot, the sum of all accessory buildings' or structures' gross
floor area shall not exceed 25% of the gross floor area of the principal
building; and
(b) On any lot, the sum of all accessory buildings' or structures' building
footprints shall not exceed 25% of the building footprint of the principal
building; and
(c) On any lot, the height of any accessory buildings shall not exceed
15 feet.
(2) For example, if the gross floor area of the principal building is
6,500 square feet and the footprint of the principal building (the
footprint) is 3,000 square feet, then the sum total of all gross floor
area of accessory buildings or structures on the lot shall not exceed
1,625 square feet and the ground floor area or footprint shall not
exceed 750 square feet.
B. Said
limitations shall not apply to land governed by the New York State
Agriculture and Markets Law.
C. Said
limitations shall be appealable to the Zoning Board of Appeals, who
shall follow the standards and procedures for an area variance.
No side yard or rear yard shall be required
for any nonresidential use where such yard abuts the right-of-way
of a railroad or utility transmission line at least 50 feet in width.
Notwithstanding the preceding sentence, adequate provision shall be
made for emergency access to the side or rear of any building.
Diesel trucks shall not be parked with engine
running in nonresidential districts within 200 feet of a residential
district between the hours of 11:00 p.m. and 6:00 a.m.
The Planning Board, at its discretion, may modify
the permitted height limitations to allow a maximum building height
of 60 feet based on consideration of the following: visibility of
any building along the entire length of Hemion Road; the relationship
of the proposed building height to the tree line on top of the ridge
contained within this district; use of the sloping character of the
site to minimize the appearance of buildings and their massing (i.e.,
terrain adaptive design); and the effect of any additional floor area
on traffic, parking and infrastructure. The foregoing provision shall
not apply to buildings intended for manufacturing uses.