Town of Orangetown, NY Additional Bulk Regulations

5.11.

Additional required yard regulations.

5.111.

Required front yards and maximum height. All required front yard depths in Bulk Table, Column 8, and all maximum building heights based on front lot lines in Bulk Table, Column 12, shall be measured from a line hereby established as the designated street line which shall be parallel to the street center line and at the distance from such street center line specified below for each street classification as established for each street in § 1.4.

[Amended 8-15-1988 by L.L. No. 5-1988]

	Street Classification	Distance of Designated Street Line From Street Center Line (feet)
	Major street	42 1/2 to 52 1/2
	Secondary street	35
	Collector street	30
	Local street	25

*NOTE: Determined by Planning Board.

5.112.

Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect and so designate on the plot plan which of the remaining two required yards shall be the required side yard and the required rear yard.

5.12.

Lots divided by district boundary. If any lot capable of subdivision is divided by a district boundary, the part of such lot within each district shall be regulated by all the use and bulk regulations of that district, except that the maximum floor area or maximum number of dwelling units shall be equal to the sum of the floor areas and dwelling units permitted on each part of the lot, and the usable open space shall be equal to the sum of the usable open space required on each part of the lot. If any part of such lot divided by a district boundary is in a residential district, the district boundary line shall be considered a lot line for purposes of determining compliance with bulk regulations.

[Amended 6-28-1971 by L.L. No. 6-1971]

However, the maximum floor area of an existing or proposed building in any nonresidential area of a lot divided by a district boundary line shall not be increased by the inclusion of any residential floor area permitted in the residential area of a lot divided by such district boundary line, nor shall the number of residential dwelling units be increased by the nonresidential floor area permitted in the nonresidential area of such lot divided by a district boundary line.

[Amended 10-15-1970 by L.L. No. 12-1970]

5.13.

Lots within 25 feet of a district boundary. Where a lot line lies within 25 feet of a district boundary, the required yard and building-height requirement along such lot line shall conform to the regulations for single-family detached residences in that district which is more restrictive or imposes higher standards.

5.14.

Courts.

5.141.

Dimensions of outer courts. An outer court shall be at least 20 feet wide, as wide as its depth or as wide as the height of the highest wall adjoining said court, whichever is the greatest.

5.142.

Dimensions of inner courts. An inner court shall be at least 50 feet in its least horizontal dimension. Every inner court shall have at ground level two open and unobstructed passageways, each at least eight feet high and nine feet wide, to permit access by fire-fighting equipment.

5.15.

Spacing of buildings on the same lot.

5.151.

No residential building which is within 100 feet of a front lot line at any point shall occupy a distance of more than 100 feet measured parallel to the front lot line and between two parallel lines drawn through the ends of the building and at right angles to the front lot line.

5.152.

Spacing of multiple residential buildings. No multiple residential buildings shall be closer to any other multiple building on the same lot than the height of the taller of the two buildings.

5.153.

Location of accessory buildings or structures. No accessory building or structure, except a fence or swimming pool, shall be closer to any principal building or to any other accessory building or structure than a distance equal to the height of such accessory building or structure, and in no event less than 15 feet, unless it is attached to and is a part of such principal building. Accessory buildings or structures shall conform to the bulk regulations of the district, except that none shall be located in a front yard. Swimming pools accessory to multifamily residences shall not be closer than 50 feet to any lot line. In-ground swimming pools accessory to one- or two-family residences shall not be located closer than eight feet to the principal building.

[Amended 6-11-1973 by L.L. No. 11-1973; 1-25-1993 by L.L. No. 2-1993]

5.16.

Height of buildings near airports. Within 500 feet of the lot line of any airport or heliport, the height of any building, and any structures granted height exceptions in § 5.23, shall not exceed 30 feet above ground level.

[Amended 8-15-1988 by L.L. No. 5-1988]

5.21.

Small lots for single-family detached residences. A lot, either owned individually and separately and separated from any adjoining tracts of land on July 29, 1965, and which has not subsequently become attached to other adjoining land in the same ownership, and/or which has a total area, lot width, lot frontage less than the minimum required in the Bulk Table, may be used for a single- family, detached residence no larger than if the lot was conforming to the zoning district regulations, provided that such lot shall conform to the use regulations and all the other bulk regulations, except as follows:

[Amended 8-15-1988 by L.L. No. 5-1988]

(a)

For lots subject to regulations in Bulk Table, Group A or E, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 150 feet. However, the minimum width of each required side yard shall remain at 30 feet, except for lots with lot width of less 110 feet for which no required side yard shall be less than 20 feet.

(b)

For lots subject to regulations in Bulk Table, Group I, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 125 feet. However, the minimum width of each required side yard shall remain at 20 feet.

(c)

For lots subject to regulations in Bulk Table, Group M, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 100 feet. However, the minimum width of each required side yard shall remain at 15 feet.

[Amended 9-8-1969 by L.L. No. 15-1969]

(d)

For lots subject to regulations in Bulk Table, Group Q, the total width of each required side yard may be reduced one foot for each foot the lot width is less than 75 feet. However, the minimum width of each required side yard shall remain at 10 feet, except for lots with lot width of less than 45 feet, for which no required side yard shall be less than 7 1/2 feet.

[Amended 9-8-1969 by L.L. No. 15-1969]

(e)

For all such lots in § 5.21 (a), (b), (c) and (d) above, the height limitation imposed in Bulk Table, Column 12, shall be waived and the maximum building height shall be 20 feet.

[Amended 7-18-1983 by L.L. No. 5-1983]

(f)

If two or more adjoining lots are substandard by the regulations of this code and were in single ownership on July 29, 1965, the total parcel of land shall then be subject to regulations as a mean average of those bulk and area dimensions of existing lots within 500 feet on both sides of the street and on both sides of the site in question. In no case shall the building be larger than if the lot were conforming to the zoning district regulations.

(g)

Outdoor public telephone booths may be located on any lot in a nonresidential district accessory to any principal buildings on the lot. Such booths shall require a front, side and rear yard which will allow traffic on the highway abutting the premises a clear line of vision, except that such booths shall not be required to be located farther from the street line than the building to which they are accessory, and such booths may be attached to the front wall of any such principal building. When a public outdoor telephone booth is the sole building on a lot, it shall require the same (except as provided in § 5.223) yards as hereinbefore required for booths accessory to a principal building, but in no event shall the booth require a greater front, side or rear yard than 25 feet.

5.22.

Permitted obstruction in required yards, courts and usable open space. All required yards, courts and usable open spaces shall be unobstructed except as provided in this section. (Since required yards, courts and usable open spaces shall be open to the sky, an obstruction shall include the projection of a structure into such space at any level aboveground.)

5.221.

An arbor; chimney; open trellis; flagpole; unroofed steps or unroofed terrace not exceeding 16 square feet in area nor projecting more than four feet from the exterior wall of the building, nor exceeding two feet above ground level; or drying yard equipment, shall be permitted in any required yard, required court or usable open space without limitation.

5.222.

An awning or movable canopy may project not more than 10 feet, building overhangs, balconies, cornices or eaves may project not more than 18 inches and windowsills or belt courses may project not more than six inches into a required yard, required court or usable open space.

[Amended 6-24-1991 by L.L. No. 8-1991]

5.223.

An open fire escape may project not more than six feet into a required yard or required court, but shall not project into any usable open space. An outdoor public telephone booth may encroach not more than five feet upon a required yard but shall not encroach upon the highway right-of-way. Such booth shall also be subject to the limitations prescribed in § 5.225 regulating obstructions on corner lots, and no such booths shall be located within the triangular area prescribed by lines connecting the corner of the lot and a point located 25 feet from the corner on each of the intersecting lot lines from said corner.

5.224.

Off-street parking. Open accessory off-street parking is permitted in a required front yard, subject to § 5.225 and § 6.1, except as prohibited by § 3.11, but no off-street parking shall be located within any other required yard as regulated by § 6.1 or usable open space. No enclosed accessory off-street parking space, including a garage, is permitted in a required front yard. However, where, by reason of exceptional topography, it is impractical to construct an accessory garage behind the required front yard, the Board of Appeals may permit the construction of not more than two enclosed parking spaces within a required front yard, accessory to a single- or two-family residence. In determining the proper location for such facility, consideration shall be given to traffic safety and the effect on nearby property. Open accessory off-street parking for one- and two-family residences is permitted in any required front yard.

[Amended 8-15-1988 by L.L. No. 5-1988]

5.225.

Corner lots. No hedge, fence, wall or other object [except a transparent fence in which the solid area is not more than 5% of the total area of the fence] over 2 1/2 feet high and no accessory off-street parking space shall be located within the triangular area prescribed by lines connecting the corner of the lot and a point located 35 feet from the corner on each of the intersecting lot lines forming said corner. Hedges, fences, walls or other objects which were nonconforming as of July 29, 1965, and which were required to be made conforming within one year or five years, shall be made conforming on or before July 29, 1970.

[Amended 8-15-1988 by L.L. No. 5-1988]

5.226.

Fences and walls. Except as provided in § 5-225, a fence or freestanding wall not more than 4 1/2 feet in height is permitted within a required front yard. A fence over the six-foot height is permitted in the side and rear yards, provided that it is set back from the lot line a distance equal to 2/3 its height. Fence height shall be measured from average finished grade in the adjacent area as determined by the Building Inspector. Walls over six feet high shall conform to the height regulations of § 3.12. A building permit is required for all fences and walls, except fences six feet high or less for a residential lot for a single-family or two-family dwelling.

[Amended 8-9-1971 by L.L. No. 8-1971; 8-15-1988 by L.L. No. 5-1988; 3-12-1990 by L.L. No. 3-1990]

5.227.

Accessory buildings in required rear or side yards. A building or structure, except a swimming pool, accessory to a single-family or two-family dwelling in any district, except R-80 and R-40, may be located in any required rear or side yard, provided that it does not exceed 15 feet in height, it is set back five feet from any lot line, and all such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots. Swimming pools may be set back not less than 20 feet from the rear lot line in all residential zones other than RG. In RG Zones, the setback from the rear lot line for swimming pools will not be less than 10 feet. A portable building not over 144 square feet in area shall be permitted without a building permit on any residential lot in any rear or side yard, but no closer than five feet to any property line.

[Amended 9-11-1972 by L.L. No. 14-1972; 10-30-1972 by L.L. No. 16-1972; 9-26-1983 by L.L. No. 8-1983; 8-15-1988 by L.L. No. 5-1988; 4-13-2021 by L.L. No. 3-2021]

5.228.

Accessory buildings in required front yards. The Board of Appeals may authorize any one of the following accessory to a nonresidential use in LO, LIO, or LI to an institutional use in any district; one dwelling unit for a caretaker; gatehouse; reception office; or watchman's post, to encroach in a required front yard, provided that such accessory building is set back at least 25 feet from the front lot line and 10 feet from any other lot line, does not cover more than 1% of the area of the lot and has a height of no more than 25 feet.

[Amended 8-15-1988 by L.L. No. 5-1988]

5.229.

Location of loading berths. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.

5.229-A.

Temporary portable storage containers.

[Added 9-25-2018 by L.L. No. 13-2018]

Temporary portable storage containers shall be permitted under the provisions of this section. Not more than one container shall be allowed per residential lot. Enclosed containers shall not exceed 128 square feet and eight feet in height. The temporary storage container must be a minimum of five feet from any side or rear yard property line; in no instance shall the container be placed in a required front yard, unless in a permitted driveway, nor shall it be placed in a public right-of-way or easement.

A permit is required from the Building Inspector for the placement of a temporary portable storage container after being in place for more than 30 days in any 180-day period. The permit shall authorize such container to remain for a period not to exceed 180 days thereafter. Upon application made within 15 days of the expiration of the permit, the Building Inspector may grant a permit to extend the initial 180-day time period for an additional 180 days, provided the applicant has a valid and existing building permit for construction activities at the property, or applies for such a building permit simultaneously with the application for an extension.

No permit shall be issued for another temporary storage container for the same residential lot until two years from the issuance of a previously issued permit, except if the ownership of the lot changes.

The permit must be displayed in a conspicuous place on the temporary portable storage container.

Failure to obtain a permit and/or any container that is situated in violation of an issued permit or this section shall constitute a violation of the Zoning Code, subject to penalty as per § 10.6 of the code. The fee for the permit for the temporary storage container shall be established as per Town Board resolution.

5.23.

Permitted height exceptions. The height limitations of Column 12, § 3.12, shall not apply to a flagpole; radio or television aerial; transmission tower or cable; spire or cupola; chimney (except a smokestack for a greenhouse in R District only); elevator or stair bulkhead; penthouse; water tank or cooling tower; any or all of which occupy in the aggregate not more than 10% of the area of the roof of the building.

[Amended 9-8-1969 by L.L. No. 15-1969; 8-15-1988 by L.L. No. 5-1988]

5.24.

Small lots in LO and LIO, owned individually and separately and separated from any adjoining tracts of land on July 29, 1965, whose lot width are less than the minimum requirement set forth for Groups X and CC of the Bulk Table, shall be developed in conformance with the use regulations and all other bulk regulations, except that the total width of each required side yard may be reduced one foot for each foot the lot width is less than 300 feet, provided that no required side yard may be less than 50 feet.

[Amended 8-15-1988 by L.L. No. 5-1988]