[Amended 9-24-2003 by L.L. No. 16-2003]
A. 
Corner lots. On a corner lot, front yards are required on all street frontages, and one yard, other than the front yard, shall be deemed to be a rear yard and the other, or others, side yards. Permitted accessory uses may be located on a side yard of a corner lot, provided that the accessory use/structure does not extend any closer to the street than the front face of the principal structure on the adjacent lot and shall be subject to all other requirements of these regulations.
B. 
Yards bordering Routes 390, 490, 590 and 441 shall not be deemed front yards and will not be subject to front yard requirements.
[Amended 9-24-2003 by L.L. No. 16-2003]
On a through lot, front yards are required on all streets. The area between the rear of the principal building and the required front setback from the corresponding street shall be considered rear yard area.
[Amended 5-26-2004 by L.L. No. 10-2004]
Any other requirements notwithstanding, no lot width shall be less than 30 feet, measured along the street line, except as may be otherwise provided in these regulations.
[Amended 6-25-1997 by L.L. No. 4-1997; 9-9-1998 by L.L. No. 3-1998; 6-26-2002ayb by L.L. No. 4-2002; 9-14-2005 by L.L. No. 10-2005]
A. 
Features of principal buildings.
(1) 
Cornices, eaves, cantilevered roofs, awnings, gas fireplace box/vent projections and chimneys may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project no more than six inches into a required yard.
[Amended 9-27-2012 by L.L. No. 9-2014]
(2) 
Window wells, including those providing emergency access to basement areas, may project not more than four feet into a required yard, provided that they are not closer than four feet to any lot line nor greater than 10 feet in length along the building.
(3) 
Entries and porticos. A roofed-over but completely unenclosed projection in the nature of any entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front-yard requirements when the building otherwise complies with all other restrictions of these regulations.
(4) 
Patio decks shall be permitted. Decks less than 18 inches above grade, measured to include any railing or other, attachments, shall be a minimum of four feet from any lot line and shall not require a building, permit. Decks 18 inches or more above grade shall not extend into a required yard and shall require a building permit.
[Amended 11-14-2007 by L.L. No. 12-2007]
(5) 
Steps that provide access to a deck or building are permitted in a required yard, provided that they are less than 18 inches in height from grade as measured at the tread, that they are a minimum of four feet from any lot line, and that they are completely unenclosed and unroofed.
B. 
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings located within 200 feet on each side of either end of the front wall of the proposed dwelling.
C. 
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing right-of-way, and 20 feet shall be added to the front-yard setback.
D. 
Structures permitted in yards.
(1) 
The placing of ornamental fountains not to exceed six feet in height above grade and gatehouses and other structures for security or traffic-control purposes of a nonhabitable type, not to exceed 10 feet in height above grade, may be permitted in any yard upon approval of the Planning Board and the Architectural Review Board. Flagpoles may be located in any yard without a permit, subject to height and sign regulations elsewhere in this chapter.
(2) 
One basketball backboard may be mounted on a principal or accessory structure, provided that it does not extend more than two feet into any front or side yard area; or one temporary or permanent freestanding basketball backboard may be erected, provided that:
(a) 
If it is to be erected within 25 feet of the nearest outside wall of the principal structure on the property, it be erected a minimum distance of three feet from any lot line.
(b) 
If it is to be erected 25 or more feet from the nearest outside wall of the principal structure on the property, it be erected a minimum distance of 50 feet from any lot line.
(3) 
Tennis courts shall be permitted in the rear yard, subject to the issuance of a building permit and subject to applicable requirements regarding paved areas and fencing.
E. 
Parking and paved area.
(1) 
Paved area shall include asphalt, cement, gravel, paving stones and other similar surfaces.
(2) 
Front yard paved area: Paved area, other than a paved area located within a Town sidewalk easement or Town trail easement, shall not exceed 30% of the front yard area.
[Amended 8-24-2016 by L.L. No. 5-2016]
(3) 
Rear yard paved area: Paved area, other than a paved area located within a Town sidewalk easement or Town trail easement, shall not exceed 35% of the rear yard area.
[Amended 8-24-2016 by L.L. No. 5-2016]
(4) 
Front yard parking. Parking in the front yard shall be limited to paved areas.
(5) 
Paved areas shall not project within 15 feet of a street line nor within four feet of any lot line, with the exception that approved driveways may be located within four feet of a lot line, provided that both the driveway and the lot line are located within an approved access easement.
(6) 
Driveways and paved areas shall conform to Chapter 166 (Streets and Sidewalks),[1] § 205-28 (Driveways), § 207-16 (Access regulations) and any other relevant sections of the Code of the Town of Brighton.
[1]
Editor's Note: Ch. 166 is included in Vol. I of the Town Code.
A swimming pool or hot tub shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
A. 
Such pool or hot tub shall be located in a rear yard only.
B. 
The entire portion of the premises upon which such pool or hot tub is located shall be entirely enclosed with an impassable fence of not less than four feet in height above grade. Such fence shall have a maximum vertical clearance to grade of two inches. Every gate or other opening in the fence enclosing such pool or hot tub shall be self-closing and self-latching and shall be capable of being locked. This shall apply to all swimming pools and hot tubs except those specifically exempted in this section.
[Amended 6-25-1997 by L.L. No. 4-1997]
C. 
Any swimming pool or hot tub with no part of its sidewall height less than four feet above grade and so constructed by the manufacturer and/or erected that the vertical sides are smooth, sheer and do not provide any means for intermediate foot- or handholds shall be exempt from the full provisions of the above fence requirement. However, any ladder or steps providing access to the pool or hot tub must be surrounded by an impassable fence of not less than four feet in height. Any gate or other opening in such fences shall be self-closing and self-latching and shall be capable of being locked.
[Amended 6-25-1997 by L.L. No. 4-1997]
D. 
The body of such pool or hot tub and any associated freestanding decking that is 18 inches above grade or higher shall not be less than 10 feet from the side and rear lot lines. Any associated decking less than 18 inches above grade shall not be less than four feet from lot lines.
[Amended 6-26-2002 by L.L. No. 4-2002]
E. 
Such pool and/or hot tub, including any associated freestanding decking that is 18 inches above grade or higher, shall not occupy more than 25% of the rear yard area, after excluding all private garages or other accessory buildings or structures.
[Amended 6-26-2002 by L.L. No. 4-2002]
F. 
Such pool or hot tub shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
G. 
No lighting or spot lighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.
H. 
No permit shall be issued for such pool or hot tub unless the applicant can show that the proposed drainage for such pool and/or hot tub is adequate and will not interfere with the public water supply system, existing sewage or stormwater drainage facilities, the property of others or public highways.
I. 
Hot tubs with an approved safety cover shall be exempt from the enclosure requirements above.
[Added 11-14-2007 by L.L. No. 12-2007]
J. 
Swimming pool mechanicals shall be a minimum of 10 feet from any lot line or enclosed in an approved accessory structure.
[Added 11-14-2007 by L.L. No. 12-2007]
[Amended 4-13-2005 by L.L. No. 4-2005; 1-14-2015 by L.L. No. 1-2015]
Not more than three dogs shall be permitted per dwelling unit. However, the offspring of any resident female dog shall not be counted, provided that said offspring are less than four months of age.