[Amended 4-8-1997]
In a Residence B District, no building, structure
or premises shall be used or occupied, and no building or part thereof
or other structure shall be so erected or altered, except for one
of the purposes which are permitted in a Residence AAA District.
Shall be the same as those permitted in a Residence
AAA District when authorized by a special permit from the Town Board
after a public hearing, and no other.
[Added 7-13-1999]
The uses permitted by special permit from the
Planning Board after a public hearing shall be the same as those permitted
in a Residence AAA District when authorized by special permit from
the Planning Board after a public hearing, and no other.
Shall be the same as those permitted in a Residence
AAA District when authorized as a special exception by the Board of
Appeals, and no other.
No accessory use and structure shall be permitted
in a Residence B District except those which are permitted in a Residence
AAA District.
[Added 4-8-1997; amended 12-12-2006; 5-21-2013; 2-28-2017]
All uses not expressly permitted are prohibited, including,
but not limited to, the following:
A.
It shall be unlawful to park or allow to be parked any vehicle registered
as a bus, minibus or commercial vehicle, including a tractor-trailer
combination (or either component thereof).
B.
It shall be unlawful to park or allow to be parked any vehicle bearing commercial advertising or identification except as provided in §§ 68-48A(1)(e) and 68-47J.
C.
It shall be unlawful to park or allow to be parked, overnight from
9:00 p.m. to 6:00 a.m., any unregistered vehicles, commercial equipment,
or all-terrain vehicle in the right-of-way of any Town roadway.
D.
It shall be unlawful to place or allow to be placed portable storage
units on occupied residential property, except for a period not to
exceed three months, subject to obtaining a permit from the Building
Division. No more than one renewal of said permit shall be permitted.
E.
It shall be unlawful to mechanically test any unregistered vehicles,
commercial equipment or all-terrain vehicles in the right-of-way of
any Town roadway.
[Amended 10-6-1987]
A.
In Residence B District, no building or structure
shall be erected to a height in excess of 28 feet or two stories.
B.
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001]
C.
The required accessory structure height shall be the
same as that in the Residence AAA District.
[Added 1-14-2003]
D.
All new dwelling entrance platforms, stoops or terraces
shall not exceed three feet in height. The Commissioner of Planning
and Development, or the Commissioner's designee may vary this requirement
upon a showing of necessity to enter the permitted building from a
greater height. Only that height that is necessary to safely enter
the dwelling from average grade may be permitted upon the determination
of the Commissioner.
[Added 4-5-2005][1]
[1]
Editor’s Note: Former Subsection E, Exceptions, added
12-2-2008, and which immediately followed this subsection, was repealed
3-5-2013.
[Amended 10-6-1987; 1-14-2003]
The percentage of lot occupancy and floor area
ratio regulations shall be the same as those in the Residence AAA
District.
A.
The minimum required plot area for a single-family
dwelling shall be 7,500 square feet.
B.
The minimum required plot area for other permitted
buildings not accessory buildings shall be 40,000 square feet.
[Amended 4-8-1997]
C.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of the passage
of the ordinance or on any lot separately owned at the time of any
amendment thereto heretofore adopted, and which has not come into
common ownership with adjoining property and conforms to the area
density requirements of the Amended Zoning Ordinance prior to any
such amendment and conforms to all other minimum requirements of this
ordinance.
The minimum living area requirements shall be
the same as those in the Residence AAA District.
B.
Exception. A lot need not have the required width
throughout, so long as:
(1)
Said lot is 75 feet in width as measured parallel
to and 25 feet back from the front property line, and
(2)
Said lot has frontage on a cul-de-sac or curvilinear
road where the side lines of the lot are straight but not parallel,
and has a minimum width of 50 feet at the front property line, and
(3)
Said lot otherwise complies with all requirements
of this chapter.
C.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of the passage
of the ordinance or on any lot separately owned at the time of any
amendment thereto heretofore adopted, and which has not come into
common ownership with adjoining property and conforms to the width
of lot requirements of the Amended Zoning Ordinance prior to any such
amendment and conforms to all other minimum requirements of this chapter.
A.
Main buildings. All buildings except accessory buildings hereafter erected shall have a required front yard of 25 feet. Provided, however, that if 25% of the block frontage on either side of the street is improved with buildings having a greater depth of front yard than is required by the ordinance, these new buildings shall have a front yard whose depth shall be equal to the average depth of front yard of such existing buildings. In no case shall the front yard be required to be greater than 50 feet, unless arterial highway setback is greater. (See Article XXXII.)
[Amended 4-8-1997]
B.
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 15 feet for a single-family dwelling and 25 feet for other permitted buildings, unless arterial highway setback is greater. (See Article XXXII.)
C.
Through lots. A minimum front yard setback of 25 feet shall be required on both street frontages on a through lot, unless arterial highway setback is greater. (See Article XXXII.)
D.
Accessory structures.
[Amended 1-14-2003]
(1)
Accessory structures shall observe the same setback
behind the front line of the main dwelling as those in the Residence
AAA District.
[Amended 5-21-2013; 8-5-2014]
(2)
Accessory structures on corner lots shall also have
a minimum front yard setback from the side street of 20 feet, or the
arterial highway setback, whichever is greater.
[Amended 2-28-2017]
(3)
Accessory
structures on through lots shall also have a minimum front yard setback
from the through lot front yard of 15 feet.
[Added 9-15-2020]
A.
Dwellings. All main buildings hereafter erected shall
have a side yard along each lot line other than a street or rear line.
The sum of the width of the two side yards for a single-family dwelling
shall be a minimum of 28 feet with a minimum width of 14 feet.
[Amended 10-6-1987; 9-6-1988; 1-14-2003; 8-12-2003; 7-20-2021]
B.
Other permitted buildings. The sum of the width of
the two side yards for any other permitted building not an accessory
building shall be 30 feet with a minimum width of either of such side
yards of 15 feet.
A.
Dwellings and other permitted buildings. All main
buildings hereafter erected shall have a minimum rear yard whose depth
is not less than 25 feet.
[1]
Editor's Note: Former § 68-116.1, Building separation,
was repealed 6-8-2010.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters and chimneys projecting not
more than 24 inches.
B.
Bay windows and fireplaces not wider than six feet
and not projecting more than 24 inches.
C.
Open and unroofed entrance platforms or terraces not
more than six feet in width nor more than three feet in height. The
Commissioner of Planning and Development, or the Commissioner's designee,
may vary this requirement upon a showing of necessity to enter the
permitted building from a greater height or distance. Only that height
or distance that is necessary to enter the dwelling from average grade
may be permitted.
[Amended 1-14-2003; 4-5-2005]
D.
Unenclosed porches encroaching not more than five
feet from the minimum front yard requirement and not more than three
feet in height as measured from the existing grade of property. This
exemption shall not apply to secondary front yards and nonconforming
uses. In no case shall any unenclosed porch have a depth, at any point,
greater than 10 feet. Depth shall be measured from the furthest point
of the front line of the main dwelling from the street property line
to the outside face of the porch. Existing entrances where a roof
overhang is added shall be exempt from the maximum height of three
feet. In those instances, the existing height of the entranceway shall
remain.
[Added 9-11-2001; amended 1-14-2003; 9-15-2020]
E.
Open and unroofed decks encroaching not more than
five feet from the minimum front yard requirement and not more than
three feet in height as measured from the existing grade of property.
This exemption shall not apply to secondary front yards, nonconforming
front yard setbacks and nonconforming uses. In no case shall any open
or unroofed deck have a depth, at any point, greater than 10 feet.
Depth shall be measured from the furthest point of the front line
of the main dwelling from the street property line to the outside
face of the deck.
[Added 9-11-2001; amended 1-14-2003]
F.
Basement entranceways, covered or uncovered, may extend
up to six feet into any required side and rear yards, provided that
they are connected to the main building and are no higher than 2.5
feet above grade at any point. This exemption shall not apply to front
yards, secondary front yards, nonconforming side or rear yard setbacks
and nonconforming uses.
[Added 9-11-2001; amended 9-15-2020]
G.
Subsurface emergency escape and rescue openings and
window wells, provided that no portion of same is more than six inches
above grade. These all be permitted up to three feet into any conforming
setback.
[Added 6-12-2007]
(See §§ 68-IIIC, 68-113C and
68-115D of this article.)
(See Article XXX.)
[Added 3-24-1992; amended 7-20-2021]
(See § 68-420.2.)
