The restrictions and regulations as to minimum lot size, minimum lot area per family or equivalent, minimum lot width, maximum floor area ratio, minimum residential floor area, maximum height, minimum dimensions of front, side and rear yards, minimum usable open space, building spacing and minimum dimensions of courts in the several districts shall be as set forth in the Table of Regulations incorporated as Article VIII of this chapter, except as hereinafter provided.
No land area, yard or other open space provided
about any building for the purpose of complying with these regulations
shall be included as any part of the land area, yard or open space
required for any other building; no land area, yard or any other open
space on one lot shall be considered as land area, yard or open space
for a building on any other lot. Should a lot hereafter be formed
from the part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of these regulations with respect to the existing building and
all land area, yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless both lots comply with all the provisions
of these regulations.
In computing the lot area requirements for any
structure in which residential accommodations are combined with one
or more nonresidential permitted main uses, each 1,500 square feet
of floor space devoted to such nonresidential uses shall be counted
as equivalent to one family unit.
[Amended 7-19-2006 by L.L. No. 8-2006]
A.
For any lot created by subdivision subsequent to the
effective date of this section, no part of such lot less in width
than 1/2 of the requirement for the district in which it is located
shall be counted as part of the required lot area.
[Amended 2-16-2022 by L.L. No. 2-2022]
A.
Within any residence district no part of any dwelling, house or other structure housing a main use, and within any business district no part of any residence structure shall be erected on any part of the lot which has a width of less than the distances specified in the table incorporated as Article VIII, except as hereinafter provided. In addition, for any lot created after January 1, 2022 in the R1 through R-6 District, no part of the lot that lies between the street line and the minimum required rear yard setback for the district in which the lot is located shall be narrower in width than 75 feet or narrower in width than 50 feet in any other residence district in which a single-family dwelling is proposed.
B.
For any lot created after January 1, 2022, that has frontage on a turn-around or cul-de-sac, the required lot width between the street line and the principal building shall not be narrower in width than 35 feet and the lot width shall not be less than the distances specified in the table incorporated as Article VIII between the front of the principal building and the minimum required rear yard setback.
[Amended 10-24-1963 by Ord. No.
7-1963; 7-15-1964 by Ord. No. 11-1964; 6-18-1968 by Ord. No. 3-1968; 2-3-1988 by L.L. No. 2-1988]
The provisions of Article VIII shall not prevent the construction or alteration of a single-family dwelling, provided that the yard requirements are observed, on any lot in separate ownership which was duly recorded by plan or deed or was assessed as a separate parcel prior to the effective date of this section or on any lot in a subdivision approved by the Planning Commission within five years prior to said date. Except in such a subdivision, two or more contiguous lots in a single ownership on or after such date shall be replotted to create one or more lots which will conform to the above provisions. The Board of Appeals, however, if it finds that such a reparceling or replotting cannot reasonably be done without creating or retaining one or more lots that provide less than the required area or width, may permit the construction of a single-family dwelling on such lot or lots. The Board shall not permit any lesser dimensions than the following unless more than 1/2 of the frontage on the same street block between the two nearest intersecting streets is already built up at lower standards:
|
District
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
|---|---|---|
|
R-1
|
30,000
|
115
|
|
R-2
|
16,000
|
90
|
|
R-3
|
11,000
|
75
|
|
R-4
|
7,500
|
60
|
|
R-5
|
6,000
|
50
|
|
R-T, RA-1, RA-2, B-3
|
4,500
|
45
|
|
R-6, RA-3, RA-4, B-1
|
4,000
|
40
|
[Added 2-3-1988 by L.L. No. 2-1988]
The provisions of Article VIII shall not prevent the construction or alteration of a single-family dwelling on any lot in separate ownership which was legally recorded by subdivision plat or deed and was assessed as a separate parcel prior to February 17, 1988, that conforms to the requirements for a lot not located in an area of special flood hazard. The Board of Appeals may permit the construction of a single-family dwelling on existing lots that provide less than the area and width required for lots located outside of an area of special flood hazard, provided that the Board shall not permit any lesser dimensions than the following unless more than 1/2 of the frontage on the same street block between the two nearest intersecting streets is already built up at lower standards:
|
District
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
|---|---|---|
|
R-1
|
30,000
|
115
|
|
R-2
|
16,000
|
90
|
|
R-3
|
11,000
|
75
|
|
R-4
|
7,500
|
60
|
|
R-5
|
6,000
|
50
|
|
R-T, RA-1, RA-2, B-3
|
4,500
|
45
|
|
R-6, RA-3, RA-4, B-1
|
4,000
|
40
|
[1]
Editor's Note: Former § 197-37.2,
Reduction of standards for development in areas of special flood hazard,
added 3-5-1980 by L.L. No. 3-1980 as amended, was repealed 6-15-1988
by L.L. No. 10-1988.
[Added 9-18-1972 by Ord. No. 2-1972]
The provisions of § 197-1, Definitions and usage, "lodging house" through "lot width," and § 197-23 shall not prevent the construction, alteration or expansion of a permitted main or accessory use, provided the yard requirements are observed, on any lot in an undivided ownership prior to the effective date of this section or any lot in a subdivision approved by the Planning Commission within five years prior to said date which is nonconforming due to the exclusion of a wetland or watercourse area from allowed calculations as provided in the above-cited section, provided that the proposed filling of a wetland or watercourse or the development of such land created by such filling does not result in an increase in permitted development beyond that which would have been allowed before the dredging or filling. However, the exemptions of this section shall not apply to a lot or parcel conveyed to the present or past owner as an underwater land grant or to any illegally filled-in watercourse, and, further, in the case of a subdivision approved more than five years prior to the effective date of this section, two or more contiguous lots in a single ownership shall be replotted to create one or more lots which conform to the standards of this chapter.
[Amended 8-21-1985 by L.L. No. 8-1985]
Simultaneously with the approval of a subdivision
plat, the Planning Commission may either confirm the zoning regulations
of the land so platted as shown on the Official Zoning Map or create
lots, by lot averaging or lot grouping, with lesser area and dimensional
requirements than permitted in the Table of Regulations and require
the owner to submit a plat which reflects such change, which lots
shall thenceforward be deemed conforming, subject to the following
limitations:
A.
Lot averaging. The creation of one or more lots of
lesser area and width than are required in the Table of Regulations
shall be permitted, provided that the following conditions are met:
[Amended 6-18-1975 by Ord. No. 3-1975]
(1)
The area and width of no lot shall be reduced below the area and width specified for each district in § 197-37.
(2)
The average area and the average width of all lots
shall be equal to or greater than the minimum area and width required
in the Table of Regulations.
(3)
Not more than 1/4 of the lots shall have areas and
widths smaller than the area and width specified in the Table of Regulations.
B.
Lot grouping. The creation of lots of lesser area
and dimensional requirements than specified in the Table of Regulations
shall be permitted when the grouping of smaller lots will, in the
opinion of the Planning Commission, improve the appearance of the
subdivision, contribute to the attractiveness of the neighborhood,
preserve areas of open space, protect or enhance wetlands or reduce
the exposure of residences to flood hazards for recreational, scenic,
safety or ecological purposes, provided that the following conditions
are met:
[Added 6-18-1975 by Ord. No. 3-1975; amended 7-19-1978 by Ord. No. 2-1978; 3-7-1979 by Ord. No. 1-1979]
(1)
The property proposed to be subdivided is located
in an R-1, R-2, R-3, R-4, R-5 or R-6 One-Family Zoning District and
has an area of three acres or more.
(2)
The number of lots shall not exceed the number the
Planning Commission has determined would be approved if the property
were subdivided in the conventional manner, based on a review of a
conventional layout supplied by the subdivider. The Commission, in
determining the permitted number of lots, shall take into consideration
provisions of the Land Subdivision Regulations[1] concerning the reservation of land for park and playground
purposes and shall require the reservation of such land or a cash
payment in lieu thereof.
(3)
The lots shall meet all requirements for the zoning district, except that the area and dimensional requirements shall conform to the single-family requirements of the next-less-restrictive residence district and, in the case of subdivisions which will protect or enhance wetlands or reduce the exposure of residences to flood hazards, then to the requirements of the next two less-restrictive residence district, as specified in the Table A of the Table of Regulations, and, further, the Planning Commission may waive the requirements of § 197-51 when both of the affected lots will directly abut lands in the subdivision which will be preserved as open space.
[Amended 5-2-1990 by L.L. No. 10-1990]
(4)
The open space to be preserved is shown on the approved
subdivision plat with a notation that such land is to be covenanted
as permanent open space in the ownership of the owners of the subdivided
lots and is provided in such a manner that it is available for use
by all residents of the subdivision.
(5)
The open space to be preserved has an area equal to
or greater than 30% of the total area of the land to be subdivided
and shall exclude all lands shown on the approved plat as building
lots, public and private rights-of-way created as part of the subdivision,
and land, if any, reserved for conventional park and playground purposes.
(6)
The land to be preserved as open space is restricted by deed or covenant to scenic, recreational and ecological activities and to facilities designed for common use, which shall include buildings, structures and man-made surfaces as are approved by the Planning Commission, provided that such facilities constructed for common use do not have an aggregate gross floor area in excess of 1/2 of 1% of the area of such land or cover more than 10% of the area of such land and conform to the setback and related restrictions governing active recreational facilities located on lands to be reserved for park and playground purposes set forth in § 170-17A(3) of this Code. The Planning Commission may modify these requirements where, in its judgment, it deems such modifications desirable and appropriate because of characteristics of the specific site, such as topography, size, shape and location, and proximity to facilities such as streets, schools, public buildings and facilities, other recreational facilities and similar active use areas.
[Amended 2-17-1988 by L.L. No. 3-1988]
(7)
An existing house intended to remain shall be provided with a lot meeting all of the requirements of the district, including the requirements of § 197-71, except that the lot for such building may be reduced in the manner provided for in Subsection B(3) above if the Planning Commission finds that the size and shape of the house will not significantly differ from the size and shape of the houses to be developed on other lots in the subdivision.
[Amended 7-19-1961 by Ord. No. 10-1961; 6-16-1993 by L.L. No. 6-1993]
No person shall develop any lot or plot created after August 1, 1961, or erect any permanent building thereon, without first obtaining approval of the Planning Commission of the proposed lot arrangement and the proposed methods of providing water and sanitary and storm sewerage facilities and physical access for each of the said lots or plots, except as provided for in § 170-5E, Exemptions for historic properties, of the Code of the City of Rye. No permit for construction on said lot or plot shall be approved by the Building Inspector for issuance by the Clerk until the aforesaid approval of the Planning Commission has been obtained.
[Amended 11-15-1967 by Ord. No. 4-1967]
For any building or group of related buildings on a lot, the aggregate gross floor area, including accessory buildings, shall not exceed the ratios specified in the Table of Regulations (Article VIII), except as provided in the following sections.
[Added 8-7-1960 by resolution; amended 11-15-1967 by Ord. No. 4-1967]
For uses permitted subject to additional standards
and requirements, the gross floor area authorized in the permit as
granted but not constructed initially shall be deemed to be authorized
for later construction within a period of 10 years from the date of
the issuance of the permit, regardless of reductions in lot area resulting
from taking of parts of the lot for public use, provided such takings
do not reduce the aggregate lot area by more than 15% of the area
included in the plot plan approved in connection with the permit.
[Amended 11-15-1967 by Ord. No. 4-1967]
For a single-family house to be built upon a nonconforming lot under the provisions of § 197-37, the ratio specified in the Table of Regulations may be increased to permit a gross floor area no greater than is permitted on a lot of the minimum size specified in said table for the district in which the lot is located, but in no event shall such increase exceed the specified ratio by more than 0.10.
[Added 7-16-2003 by L.L. No. 6-2003[1]]
The floor area ratio for single-family residences located in one-family districts (i.e., R-1 through R-6) as set forth in Article VIII, Tables of Regulations, § 197-86, shall be reduced to 1/2 of that portion of a property exceeding 150%, but less than 250% of the minimum lot area for the district in which the property is situated. The floor area ratio as set forth in Article VIII, Tables of Regulations, § 197-86, shall be further reduced to 1/4 of that portion of a property exceeding 250% of the minimum lot area for the district in which the property is situated. For example, a property of 122,000 square feet (approximately 2.8 acres) in the R-1 District would be permitted to build a total of 13,559 square feet of floor area. The R-1 District has a minimum lot area of 43,560 square feet (one acre) and a maximum FAR of 0.15. To calculate the maximum permitted floor area, the first 150% of the minimum lot area of the R-1 District (43,560 x 1.5 = 65,340) would apply the FAR of 0.15, resulting in 9,801 square feet of floor area (65,340 x 0.15 = 9,801). The next 100% of minimum lot area of the R-1 District (or 43,560 square feet) would apply an FAR reduced to one-half (0.15 x 0.50 = 0.075), resulting in 3,267 square feet of floor area (43,560 x 0.075 = 3,267). The remaining 13,100 square feet of lot area (122,000 - 65,340 - 43,560 = 13,100) would apply an FAR reduced to one-quarter (0.15 x 0.25 = 0.0375), resulting in 491 square feet of floor area (13,100 x 0.0375 = 491). Total floor permitted floor area would be 13,559 square feet (9,801 + 3,267 + 491 = 13,559).
[1]
Editor's Note: This local law also stated
that it would not apply if a building permit application or Zoning
Board of Appeals application had been received by the City prior to
7-3-2003.
[Added 7-16-2003 by L.L. No. 6-2003[1]]
The gross floor area for single-family residences
located in one-family districts (i.e., R-1 through R-6) shall be the
sum of the horizontal areas of all floors, roofed or covered areas
of a residence measured from the exterior of the outside walls. Certain
other space shall be counted in the computation of gross floor area
for single-family residences as follows:
A.
Voids. Any interior floor area, excluding stairways,
with a floor-to-ceiling height in excess of 14 feet shall be counted
twice. In the case of a sloped ceiling, only that portion of the interior
floor area shall be counted twice where a theoretical floor above
such floor area could be provided and the headroom above such theoretical
floor (excluding headroom associated with a sloped ceiling) exceeds
seven feet, six inches and the width between existing or theoretical
five-foot high knee walls exceeds seven feet.
B.
Attics. Fifty percent of the attic floor area shall
be counted in the computation of gross floor area where the headroom
height measured from the finished or unfinished attic floor to the
bottom of the roof rafters exceeds seven feet and the distance between
existing or theoretical five-foot-high knee walls exceeds seven feet.
[Amended 12-18-2013 by L.L. No. 5-2013[2]]
[2]
Editor’s Note: This local law also provided that it
shall take effect eight months upon its adoption and filing with the
Secretary of State.
C.
Basements. Twenty-five percent of the basement floor area shall be included in the computation of gross floor area only where the preexisting grade (as defined in § 197-1) abutting the exterior of the basement wall has been reduced by more than three feet to create an exposed wall more than seven feet in height and five feet in width.
D.
Porches. Unenclosed porches at or below the first-floor
elevation shall not be included in the computation of gross floor
area. For the purposes of this regulation, “unenclosed porches”
shall mean any roofed area attached to a building where 80% of the
outer limits of the area under the porch ceiling, to a point three
feet, six inches above the floor of the roofed area, is open to air
and having no solid material. Walls, screens, glass, lattice or other
similar materials, as well as structural or architectural elements,
shall be considered a solid material. Any roofed structure associated
with the storage of vehicles such as a carport or porte cochere shall
not be considered an unenclosed porch and shall be included in the
computation of gross floor area.
[1]
Editor's Note: This local law also stated
that it would not apply if a building permit application or Zoning
Board of Appeals application had been received by the City prior to
7-3-2003.
[Amended 11-15-1967 by Ord. No. 4-1967; 6-16-1976 by Ord. No. 8-1976]
For any dwelling unit in any district, the minimum
amount of residential floor area, calculated by subtracting from the
gross floor area the sum of the floor areas of public halls, public
stairs and elevators, unenclosed roofed areas, accessory buildings
and nonresidential accessory floor space, shall be not less than the
following:
A.
For a single-family house or for each dwelling unit
of a two-family house, 1,000 square feet.
B.
For dwelling units in apartments or other buildings
containing three or more dwelling units, except in an RA-5 District,
an average of 750 square feet for all dwelling units in the same building
or group of related buildings. In an RA-5 District the minimum size
of all dwelling units shall be 400 square feet.
[Amended 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984]
C.
For dwelling units in B-2 Central Business Districts,
an average of 500 square feet for all dwelling units in the same building
or group of related buildings.
D.
For a single-family residence used as a residential
care facility, 1,500 square feet.
[Added 10-4-1978 by Ord. No. 3-1978]
E.
For dwelling units in apartments or other buildings containing three
or more dwelling units in an RA-6 District, the minimum amount of
residential floor area in each unit shall be 750 square feet for one-bedroom
units, 900 square feet for two-bedroom units and 1,100 square feet
for three-bedroom units. Additionally, three-bedroom units must be
equipped with at least 1 1/2 bathrooms.
[Added 12-2-2015 by L.L.
No. 1-2016]
The restrictions as to height of buildings and structures in the several districts shall be as set forth in the Table of Regulations incorporated as Article VIII of this chapter.
[Amended 9-18-1957; 4-1-1964 by Ord. No. 5-1964; 4-3-1985 by L.L. No. 3-1985; 5-4-1988 by L.L. No. 7-1988; 5-17-1989 by L.L. No. 7-1989; 10-8-1997 by L.L. No. 12-1997]
The provisions of § 197-45 shall not apply to church spires, belfries, cupolas, domes, monuments, observation towers, windmills, chimneys, smokestacks, silos, derricks, flagpoles, utility poles, masts, aerials other than satellite earth station dish antennas, the requirements for which are set forth in § 197-9A(4), and roof-mounted wireless telecommunications facilities, the requirements for which are set forth in Chapter 196, Wireless Telecommunications Facilities, bulkheads, elevator headhouses, water tanks, parapet walls, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve, shall not exceed in cross-sectional area 10% of the lot area nor 15% of the roof area and shall not be used for human occupancy. In addition, such features as water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level shall be enclosed by walls so as to obscure pedestrian view of these features from sidewalks on abutting streets. The requirement for walls to obscure the view of water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level shall not apply to buildings for which a building permit was approved prior to May 19, 1989, or to existing buildings proposed to be modified or enlarged when such required walls would interfere with the proper functioning of existing water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level.
[Added 7-16-2003 by L.L. No. 6-2003[1]]
The first-floor elevation (excluding basements) for single-family residences located in one-family districts (i.e., R-1 through R-6) shall not be more than three feet above the average preexisting grade (as defined in § 197-1) abutting the front building line of the residence. This provision shall not apply in the following cases:
A.
Area of special flood hazard. Where a residence is situated in an area of special flood hazard, the first-floor elevation shall be no less than the minimum floor elevation required to comply with Chapter 100, Floodplain Management, of the Rye City Code.
B.
Modifications to existing residences. The requirement that the first-floor elevation shall not be more than three feet above the average preexisting grade (as defined in § 197-1) shall not apply where an expansion is proposed to an existing residence that increases the floor area of the first floor by less than 50%.
C.
Corner lots. In the case of a property having frontage
on more than one street, the applicant shall have the option of choosing
only one front yard in meeting the requirements of this section.
[1]
Editor's Note: This local law also stated
that it would not apply if a building permit application or Zoning
Board of Appeals application had been received by the City prior to
7-3-2003.
[Amended 12-1-1999 by L.L. No. 10-1999]
If the alignment of existing buildings within
100 feet on each side of the lot in question and within the same district
and block between the nearest two intersecting streets is nearer the
street than the setback line above prescribed, any building or structure
may extend as near the street lot line as the average formed by the
prescribed setback and such existing alignment. This provision shall
not apply to apartments in all RA Districts.
Where a residence is to be located on a lot
in such a position that that portion of the lot including required
side and rear yards is to the rear of some other lot on which a residence
is or may be located, the minimum distance of the residence on the
rear lot from the nearest point of the other lot shall be 50 feet
greater than the depth of the required front yard specified in the
Table of Regulations.[1]
The owner of a corner lot shall, for the purposes
of this chapter, have the privilege of calling either street lot line
the front, without reference to the building arrangement, except that
any part of such a parcel more than 100 feet from the front street
lot line shall be considered as fronting on the side street for purposes
of determining its required front, side and rear yards. On any corner
lot in a residential subdivision approved by the Planning Commission
after the effective date of this section, the building shall observe
the required front yard setback on each of its street frontages.
In any residence district a side yard extending through from the front yard line to the rear is required along each side lot line of each lot, except as hereinafter prescribed, within which no building or structure shall be erected except as hereinafter permitted. The restrictions as to side yards in the various districts shall be as set forth in the Table of Regulations, incorporated as Article VIII of this chapter.
[Amended 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984]
In RA-1, RA-2, RA-3, RA-4 and RA-5 Districts
where all the habitable rooms of any dwelling unit face only upon
one side yard, the minimum width of the side yard opposite such rooms
shall be 30 feet in an RA-5 District and the same as the required
rear yard depth in all other districts; and where some of the habitable
rooms of any dwelling unit face upon one side yard and the other such
rooms of the same dwelling units face only upon the other side yard,
the minimum width of one side yard shall be the same as the required
front yard depth opposite such rooms and of the other side yard 30
feet in an RA-5 District and the same as the required rear yard depth
in all other districts.
In business districts, except as required by § 197-69, no side yards are required except as specified in the schedule of side yard requirements, but if a side yard is provided or is substituted for a required court, its width shall be at least six feet, and for the purposes of determining its width, the lowest story it is required to serve shall be considered the ground story.
[Amended 6-18-1968 by Ord. No. 3-1968]
For each foot by which a lot, at the time of
enactment of this chapter, is narrower than the required width in
the district in which it is located, one inch shall be deducted from
the required width of any side yard and two inches from the required
sum of both side yards, provided that no side yard shall be narrower
than eight feet in any R, RS, RT or RA-1 District or six feet in any
other district. This provision shall not apply to apartments in RA-1
Districts.
Where a side wall of a building is not parallel
to the side lot line, the required width of any side yard may be taken
as the average width, provided that said side yard shall not be narrower
at any point than 3/4 of the required side yard width.
In any residence district no part of any accessory building, garage or stable situated within 75 feet, or a distance equal to 75% of the lot depth if that be less, of the street line shall extend within any required side yard. Elsewhere on the lot it may extend to within the distance of the side lot line set forth in the Table of Regulations, incorporated as Article VIII of this chapter.
In any residence district a detached garage
may be built across a common lot line by written agreement between
adjoining property owners, recorded in the office of the County Clerk.
Bays, balconies, chimneys, flues and fire escapes
may project into a required side yard not more than 1/3 of the width
of the latter, nor more than 3 1/2 feet in any case. Open iron fire
escapes and ground story bays or porches, not over half the length
of the side wall, may project into any side yard 3 1/2 feet. Belt
courses, leaders, sills, pilasters, lintels and ornamental features
may project not more than one foot and cornices and gutters not more
than two feet over a required side yard. In any case no such projection
shall come within three feet of any side lot line.
Where the rear lot line of a corner lot is also
the side line of a lot fronting on the side street, no main or accessory
building shall be erected on the rear third of the corner lot nearer
to the side street than the required front setback on the side street,
except that for any such corner lot created after the effective date
of this chapter, the side yard along the entire side street frontage
of the corner lot shall not be less than the required front yard on
the side street.
In every district there shall be a rear yard on every lot, except as hereinafter specified, within which no building or structure shall be erected except as hereinafter provided. The restrictions as to rear yards in the various districts shall be as set forth in the Table of Regulations, incorporated as Article VIII of this chapter.
[Amended 9-21-1960 by resolution; 3-21-1962 by Ord. No. 2-1962; 10-24-1963 by Ord. No. 7-1963]
Except as required by § 197-69, there shall be a rear yard having a depth at least equal to the height of each building in a business district, provided that this section shall not be interpreted as requiring that any part of a business property within 60 feet of a street be devoted to rear yard. Where a rear or side yard for other than one- and two-family residences, hotels and lodging houses in an RA-1, RA-2, RA-3, RA-4 or Business District would adjoin the right-of-way of a railroad, a parkway or a limited access highway, the rear or side yard requirement may be waived by the Board of Appeals in accordance with § 197-82. In the case of a development plan for apartments and nonresidential structures requiring the approval of the Planning Commission, and in the case of uses permitted subject to additional standards and requirements, the rear or side yard requirement may be waived by the Building Inspector on recommendation of the Planning Commission. Accessory structures in the rear yard area shall be permitted to be extended to the side lines and rear line of said rear yard.
Accessory buildings may occupy portions of the required rear yards as indicated in the table in Article VIII, except that no garage or other accessory building may be located within three feet of a rear lot line in all residence districts, provided that any building accessory to apartments in RA-1 Districts may not be located within 10 feet of a rear lot line.
For each foot by which a lot at the time of
enactment of this chapter is less than 100 feet deep, four inches
may be deducted from the required depth of the rear yard, provided
that no rear yard shall be less than 10 feet in depth any case. In
any district no lot shall be so reduced in area after the enactment
of this chapter as to make the required rear yard less in depth than
is prescribed herein for a lot 100 feet in depth.
Chimneys and flues, elevator shafts and connecting
hallways, fire escapes, fire balconies and fireproof outside stairways,
bays and balconies, cornices and belt courses may project not over
3 1/2 feet into a required rear yard. No permitted projection into
a required rear yard, except cornices and belt courses, shall extend
within 15 feet of a rear lot line or within eight feet of an accessory
building.
[Amended 10-24-1963 by Ord. No.
7-1963; 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984; 2-17-1988 by L.L. No. 3-1988]
Included in every lot used in whole or in part
for residences for three or more families, there shall be a total
area allotted, designed appropriately, developed and maintained for
outdoor recreational use equal to at least 400 square feet per family,
except that this may be reduced to 200 square feet per family in an
RA-2, RA-3 or RA-4 District and to 40 square feet per family and an
RA-5 District. Development of said outdoor recreational space shall
be subject to the following restrictions:
A.
Such space shall be of such grade and dimensions as
to be in fact usable for recreation, with at least 75% of the area
having a grade of less than 5% and with no dimension less than 20
feet, and shall be located conveniently to building entrances and
not less than 10 feet away from any residence structure and any lot
line.
B.
Outdoor tennis courts, paddle courts, racquet courts
and other similar courts, swimming pools and other active recreational
activities shall be subject to the following restrictions:
(1)
They shall be set back from all property lines of
abutting properties not included in the site development plan a distance
at least equal to the number of proposed residences times 10 feet
but not to exceed 300 feet and not less than 20 feet from any proposed
residence in the development.
(2)
They shall be screened, including accessory equipment,
from the view of the street and abutting residentially owned properties.
Such screening shall, at a minimum, consist of a ten-foot-wide landscape
strip planted and maintained with at least a double row of alternately
spaced evergreens, with an actual height of at least six feet above
the natural grade when installed.
(3)
Fence heights shall not be in excess of six feet above
the average natural grade, except that fences not exceeding a height
of 10 feet above the average natural grade, which are open mesh and
are set back and screened, as required for tennis and other similar
courts, are permitted and may be equipped with the customary attached
windbreaks.
(4)
Tennis and other similar courts shall have no lighting.
(5)
Swimming pools shall have no floodlighting, directly
or indirectly, and all other lighting shall be arranged and shaded
so as to reflect light away from adjoining premises or a public street.
(6)
Swimming pools shall be completely surrounded by fences,
freestanding walls and/or the walls of a building containing no doors,
at least four feet high above grade at all points, and each gate or
door opening through the fence or freestanding wall shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times and shall be locked when the
pool is not in actual use.
(7)
Swimming pools shall be located at least 25 feet away
from any septic tank and its fields.
C.
The Planning Commission may modify these requirements
where, in its judgment, it deems such modifications desirable and
appropriate because of characteristics of the specific site, such
as topography, size, shape and location, and proximity to facilities
such as streets, schools, public buildings and facilities, other recreational
facilities and similar active use areas.
[Amended 5-2-1956; 9-21-1960 by resolution; 3-18-1964 by Ord. No. 2-1964; 7-15-1964 by Ord. No. 11-1964; 4-7-1965 by Ord. No. 1-1965]
In any business district, a side yard or rear
yard abutting a residence district shall conform to the requirements
in that residence district as to minimum width or depth and as to
maximum percentage of rear yard occupied by accessory buildings, and
a strip at least 10 feet wide along such side or rear lot line shall
be planted and maintained with appropriate landscaping. In any business
district facing a residence district across a street, there shall
be a front yard which shall be planted and maintained with appropriate
landscaping, shall contain no parking, storage or other business use
and shall be crossed only by sidewalks and access drives. The front
yard shall be at least 10 feet in depth in B-1, B-2 and B-6 Districts,
at least five feet in B-7 Districts and as specified elsewhere in
this chapter for B-3, B-4 and B-5 Districts. Required landscaping
shall include evergreens sufficient to screen from view from the street
or from abutting property any accessory parking area and any business
operations, other than operations such as servicing of cars at filling
stations, not hidden by buildings or other walls or fences. In the
case of a required site development plan or a use permitted subject
to additional standards and requirements, a fence or wall suitable
in appearance to the surrounding area may be substituted for or required
in addition to the landscaping on recommendation of the Planning Commission.
[Amended 2-7-1990 by L.L. No. 2-1990]
Two or more buildings for more than two families
on the same lot shall be located so that the primary entrance to the
building, whether a main entrance serving several dwelling units in
the building or a separate entrance to an individual dwelling unit
in the building, is located on a side of the building which is parallel
to the street upon which the property has frontage. Each building,
whether principal or accessory, shall be at least 25 feet distant
from any other building in the group, which distance shall be measured
in a straight line between the points of the buildings which are nearest
each other. In the case of principal buildings, no principal building
shall be located on the site such that another principal building
on the site will be located between it and the street upon which the
property has frontage, unless they are separated by a distance of
not less than 75 feet, which distance shall be measured in a straight
line between the points of the buildings which are nearest each other.
The Planning Commission may modify the strict application of the requirements
of this section in a specific case where it is demonstrated to the
Planning Commission that said modification will accomplish the following:
[Added 11-15-1967 by Ord. No. 4-1967]
In order to provide a suitable lot for any existing
house in a new subdivision, each proposed lot line shall be located
away from the building a distance equal to the normal minimum yard
dimension or a distance equal to half the sum of the length and height
of the building facade parallel or substantially parallel to that
proposed lot line, whichever is greater.
In any district, wherever any rooms in which
persons live, sleep or work, except stores or storage rooms, cannot
be reasonably and adequately lighted and ventilated from a street
or from a side yard or rear yard as required in this chapter, a court
conforming to the provisions of the following sections shall be provided
on which such rooms shall open. Such court need not extend below the
lowest story it is required to serve.
[Amended 10-24-1963 by Ord. No.
7-1963; 6-18-1968 by Ord. No. 3-1968]
The restrictions as to courts in the various
districts and at various heights shall be as follows:
|
Outer Court
|
Inner Court
| |||
|---|---|---|---|---|
|
Width for each foot of court height
| ||||
|
R-1, R-2, R-3, R-4, R-5, R-6, RS, RT and RA-1
Districts
|
8 inches
|
12 inches
| ||
|
RA-2, RA-3, RA-4 Districts and residential buildings
in business districts
|
6 inches
|
9 inches
| ||
|
Nonresidential buildings in business districts
|
4 inches
|
6 inches
| ||
|
Minimum width of court in any case
| ||||
|
R-1, R-2, R-3, R-4, R-5, R-6, RS, RT and RA-1
Districts
|
8 feet
|
12 feet
| ||
|
RA-2, RA-3, RA-4 Districts and residential buildings
in business districts
|
6 feet
|
9 feet
| ||
|
Nonresidential buildings in business districts
|
4 feet
|
6 feet
| ||
|
Maximum ratio of length to width of outer court
| ||||
|
R.1, R-2, R-3, R-4, R-5, R-6, RS, RT and RA-1
Districts
|
2 times
| |||
|
RA-2, RA-3, RA-4 Districts and residential buildings
in business districts
|
4 times
| |||
|
Nonresidential buildings in business districts
|
6 times
| |||
No inner court shall be shorter than twice its
width, except that such court may be shorter and wider, provided that
its area is at least the same as that of the required inner court.
When a court is enclosed by apartment wings
either of which contains all the rooms of one or more dwelling units,
its width shall be not less than 18 inches for each foot of court
height, and its length shall not exceed its width unless the width
is greater than 40 feet, and shall not exceed 1 1/2 times its width
unless the width is greater than 60 feet.
Required courts shall be open to the sky, unobstructed,
except that cornices, gutters, belt courses, sills, pilasters and
ornamental features may project not more than six inches into such
courts.
No fence or wall above a height of six feet,
except retaining wall, shall be permitted within the limits of any
required outer court.
No accessory building shall be located within
any required court.
