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.
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.