The general area and bulk regulations in each zoning district are set forth in the following § 180-86, District Schedule of Area and Bulk Regulations. This schedule is supplemented, as appropriate, by other provisions of this chapter. NOTE: R2os in the schedule below refers to the open space incentive option in accordance with § 180-30.
Nothing contained herein shall prohibit the use of an existing lot of record of less than the prescribed lot area or lot width if such lot was created after August 2, 1972, and the lot is part of a plat approved by the Town of Milton Planning Board in accordance with Chapter 154, Subdivision of Land, and filed in the office of the Saratoga County Clerk in a timely manner pursuant to the Town Law; or if such lot existed at the time of adoption of the Town's initial Zoning Ordinance on October 9, 1972, provided that:
A.
Such lot does not adjoin any other lot, lots or land
held by the same owner whose aggregate area is equal to or greater
than the minimum lot area required for that district.
B.
Such lot may not be used for more than one permitted
principle use and its associated accessory structures.
C.
Such use shall satisfy all applicable requirements
of the Town of Milton and the New York State Departments of Health
and Environmental Conservation for potable water supply and sewage
disposal facilities.
D.
Except for lot area and lot width, all other area
and bulk regulations for that district shall be met for any proposed
use.
[Amended 10-1-2014 by L.L. No. 2-2014]
Single-lot exemption in the R2 District. The owner of any parcel
of at least five acres held in separate ownership from the surrounding
parcels prior to June 20, 2001, may apply to the Planning Board for
an exemption to subdivide one lot of at least two acres. This section
is to automatically expire December 31, 2014.
A.
Only one such single lot exemption shall be permitted from any such
parcel. Each lot created or remaining must provide at least two acres
in area, 50 feet minimum frontage on a Town, county or state highway
and 200 feet lot width and other dimensional requirements in addition
to any public health requirements associated with water supply and
wastewater disposal and for safe access directly to the parcel from
the publicly maintained way.
B.
The Planning Board must render a determination that such application
meets the requirements of this section. Upon determination that the
application for a single lot exemption applies, the owner shall submit
a plat meeting all of the technical requirements for such plat established
herein.
C.
The plat shall be submitted for final approval to the Planning Board.
The plat shall bear the following notation: "The two new parcels created
by this subdivision have been granted a one-time single lot exemption.
Any further subdivision must meet the complete lot area and dimensional
requirements of the current Town of Milton Zoning Code."
D.
The Planning Board Secretary shall maintain a map and record of all
parcels that have received the benefits of this one-time, single-lot
exemption provision.
A.
In all districts where residences are permitted, a lot held in single ownership may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in the § 180-86, District Schedule of Area and Bulk Regulations, except as provided in §§ 180-13 and 180-13.1 above regarding existing lots of record and single lot exemptions.
B.
More specifically, if two or more principal residential
structures or dwelling units are located on the same lot, except for
an accessory dwelling authorized by a special use permit, the minimum
lot area per dwelling unit requirement must be complied with, and
all other requirements of this chapter and other applicable laws,
rules and regulations must be strictly met. Further, a residential
lot of required or greater than required area as set forth in this
chapter shall not be reduced in area for transfer of ownership if
such lot so divided will form two or more lots, any of which shall
be less than the minimum lot area required for the district in which
the lot or lots are situated.
A.
To the extent that such does not interfere with state or federal regulations applicable to required airport clear zones, the height limitations set forth in the § 180-86, District Schedule of Area and Bulk Regulations, shall not be applicable to the following:
(1)
Satellite and cellular antennas (see § 180-39.1, Telecommunications towers and satellite antennas).
(2)
Flagpoles, radio or television antennas, transmission
towers or cables, windmills, agricultural barns and silos and similar
features, any of which shall be restricted to a maximum height of
50 feet above average finished grade at its base.
(3)
Spires, belfries, chimneys, skylights, water or cooling
towers, parapets or railings, elevators, stair bulkheads, solar collectors,
air-conditioning units or similar structures which in their aggregate
coverage occupy no more than 120 square feet or 10% of the roof area
of the building, whichever is smaller, of which they are a part. Such
features shall be erected only to such minimum height as is necessary
to accomplish the purpose for which they are intended.
B.
No structure or other exception shall be used as a
place for habitation or for advertising not otherwise authorized by
this chapter.
A.
Required front yards. On a corner lot, each street
frontage shall be deemed to be a front street line, and the required
yard along each such lot line shall be a required front yard; however,
the above notwithstanding, for the purposes of this chapter no lot
shall be interpreted to have more than two front yards regardless
of how such lot is located or configured. The Zoning Enforcement Officer,
in consultation with the owner, shall establish which of the remaining
yards shall be the required side yard and the required rear yard for
purposes of this chapter.
B.
Obstructions at street intersections. At all street
intersections, no obstructions to vision, such as a fence, wall, hedge,
structure or planting over three feet in height, as measured above
the finished grade, if any, or above the existing road level, shall
be erected or installed and maintained on any lot within the triangle
formed by the intersecting street lines, or their projections where
corners are rounded, and a straight line joining said street lines
at points which are 30 feet distant from their point of intersection
measured along said street lines and/or projections.
A.
The following architectural features of a building
may extend into a required yard, subject to limitations provided herein:
(1)
Ordinary projections of windowsills, belt courses,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than three feet into any
required yard.
(2)
Chimneys or pilasters.
(3)
Open arbors or trellises.
(4)
Unroofed steps, patios or terraces not less than 20
feet from the highway right-of-way nor less than 10 feet from any
side or rear lot line, provided that the building complies with the
yard requirements of this chapter.
(5)
Awnings or movable canopies not to exceed 10 feet
in height nor projecting more than six feet into any required yard.
(7)
Open fire escapes on the side or rear of a building
and extending not more than eight feet from the principal building
nor closer than five feet to any lot line.
B.
The following accessory structures may be located
in any side or rear yard, subject to the limitations stated herein:
(1)
Private outdoor tennis courts, in-ground or above ground swimming pools, whirlpools, spas or hot tubs not less than 15 feet from the side or rear lot line and fully consistent with the provisions of § 180-34 of this chapter.
(2)
Permitted accessory structures, as defined in § 180-5 of this chapter, provided that:
(a)
Structures shall not exceed 20 feet in height
in any residence district.
(b)
Structures shall be set back no less than 10
feet from any lot line nor less than 12 feet from the principal building
or a distance equal to the height of the accessory building, whichever
is greater.
(c)
All such structures in the aggregate shall not
occupy more than 30% of any required yard.
(d)
Structures shall not project closer to the fronting
street than the principal building on the lot or a distance of 60
feet, whichever shall be less.
(e)
A maximum of three such accessory structures, other than a permitted sign or agricultural buildings in conjunction with farm operations, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds five acres, additional accessory structures may be sited if a special use permit is granted in accordance with Special Permit Uses, Article VII of this chapter.
C.
A single portable accessory building with a maximum
floor area of 125 square feet may be installed or constructed and
utilized without the issuance of a building permit or certificate
of occupancy, provided that:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by any utility such as
electricity, gas or plumbing.
(3)
The walls of the structure do not exceed eight feet
in height and the highest point of the roof does not exceed 12 feet
in height measured from grade.
(4)
The structure is never used for human habitation.
(5)
All other requirements of this chapter related to
accessory structures are fully met.
Except in the Town Center District, where more
than one principal building may be permitted on a lot, no detached
principal building shall be located closer to any other principal
building on the same lot than the height of the taller of said buildings.
On streets, roads or highways with less than
a 50 feet right-of-way, the front setback shall be measured perpendicularly
from the center line of the existing right-of-way, with 25 feet added
to the required front yard setback to establish the building line.
All lots proposed for building purposes in the Town at Milton shall have a minimum lot frontage of 50 feet. Said lot frontage shall be measured along the right-of-way of any dedicated Town, county or New York State highway or along a line 24.75 feet from the center line of any user highway. The width of any lot shall not be less than 50 feet throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. See § 180-86, District Schedule of Area and Bulk Regulations.
Where the side or rear yard of a lot abuts a
side or rear yard of a lot in a more restrictive zoning district,
there shall be provided along both sides of such abutting lot line
or lines side or rear yards equal to those required in the more restrictive
zoning district.
A.
In all districts, the buildable area and all minimum
front, side and rear yard requirements must be satisfied by measurement
wholly on unconstrained land.
B.
Unconstrained land shall not include areas within
a designated wetland, as delineated by the New York State Department
of Environmental Conservation (including the required one-hundred-foot
buffer) or the National Wetlands Inventory prepared by the United
States Fish and Wildlife Service, or which lies under water or which
is on slopes in excess of 15% or which is within the one-hundred-year
floodplain or is included in the delineated Stream Corridor Overlay
(SCO) District. In determining the locations of wetlands, the Planning
Board may require that the wetlands be flagged during an on-site wetland
delineation by a professional engineer, surveyor or a wetland biologist.
