The lot width or area requirement of this chapter shall be automatically
waived to permit the erection of a single-family dwelling or restoration,
enlargement (but no additional dwelling units), moving, repair or
alteration of an existing single-family dwelling on any lot of record
which was owned separately and individually from all other tracts
of land on the effective date of this chapter or on the effective
date on any subsequent amendment increasing the lot size requirements
for such lot, provided that:
A. Such use is permitted in the district where such lot is located;
B. All other regulations prescribed in this chapter shall apply thereto;
provided, however, that no side yard shall be less than seven feet
and the total width of both side yards shall not be less than 17 feet;
and
C. The lot area is large enough for adequate sewage disposal where individual
private sewage systems are employed.
In all districts where there are existing principal buildings
on adjoining lots on each side of a parcel of land less than 100 feet
in width, having a front yard setback or exterior side yard setback
less than the required front yard depth of said parcel, the required
front yard depth of said parcel shall equal the average setback from
the street or road line of such existing buildings on said adjoining
lots. This modification shall not permit any front yard depth less
than 15 feet.
On a through lot, a front yard equivalent shall be provided
on both sides.
In any district where a front yard of 25 feet or more is required
by this chapter, no sign, fence, wall, hedge, shrub planting or tree
foliage which obstructs vision at elevations between three feet and
seven feet above the street or road level shall be placed or maintained
within the triangular area formed by two intersecting street or road
lines, as defined herein, and a line connecting points on such street
or road lines 30 feet distant from their point of intersection. This
regulation shall not apply to any necessary retaining wall or to buildings
existing on the effective date of this chapter.
None of the following uses, structures or parts of structures
shall be considered as obstructions when located, as specified:
A. In any required open space:
(2) Fences or walls not exceeding seven feet in height (except otherwise provided in §
108-78 of Article
XIV of this chapter for screening) in any side or back yard and not exceeding four feet in any front yard and side portion facing the right-of-way on corner lots in all districts. The Town Board may waive or vary the height limitation of a fence or wail for good cause shown.
[Amended 5-9-2002 by L.L. No. 1-2002]
(3) Driveway gates and portals shall:
(a)
Require a building permit and follow applicable New York State
codes for masonry construction.
(b)
Be located on private property, and driveway gates shall be
at least 20 feet from right-of-way.
(c)
Have a maximum size of four feet square and seven feet high,
including ornaments and lamps, with driveway gates limited to seven
feet high.
(5) Retaining walls of any necessary height.
(7) Unenclosed steps of terraces not extending more than three feet above
the adjoining finished grade.
(8) Projections from a principal building as follows, provided that no
projection is nearer than five feet to a side lot line:
(b)
Chimneys or roofs projecting not more than two feet into a required
open space.
(c)
Window sills and architectural features.
(d)
Unenclosed steps not extending above the first floor level.
(9) In any C District, open accessory off-street parking spaces.
B. In any required side yard:
(1) An open fire escape projecting not more than four feet into a required
interior side yard but not nearer any side lot line than five feet.
C. In any rear yard, not a front yard equivalent, or in any part of
an interior side yard:
(1) Any accessory use or structure permitted in the district regulations subject to §
108-91, Limitations on obstructions in required open space.
(2) Projections: balconies, bay windows or nonweatherproofed porches.
(3) Flagpoles or accessory radio or television antennae of any height, provided that such structure shall be set back from any property line a distance equal to its height. For those over 35 feet, see Article
XXII, Special Use Permits.