The purpose of the Medium Density Residential
Zone is to create areas that are almost exclusively residential in
nature where there is minimal intrusion of commercial, farming, or
other activities that could be detrimental to residential development
and occupancy.
Only the following buildings or uses are permitted
as a matter of right in a Medium Density Residential Zone:
B.
A two-family dwelling consisting of a principal dwelling unit and
an internal or attached accessory dwelling unit, provided that:
[Amended 12-11-2017 by L.L. No. 20-2017]
C.
Publicly owned park or playground including accessory
buildings and improvements.
D.
Any municipal or public utility purpose necessary
to the maintenance of utility services except that substations and
similar structures shall be subject to the same setback requirements
as apply to residences in the district in which the substations or
similar structures are constructed.
E.
Day-care homes, family day-care homes and group family
day-care homes.
F.
Community residence.
The following uses are permitted in a Medium
Density Residential Zone, but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures
set forth in this chapter:
A.
Church or other places of worship, convent and parish
house.
B.
Cemetery and the buildings and structures incident
thereto.
C.
Public, parochial and private schools, public library,
public museum, day-care center, nursery school, and any institution
of higher learning including dormitory accommodations.
D.
Fire station or other public building necessary to
the protection of or the servicing of a neighborhood.
E.
Golf course, driving range or miniature golf course.
F.
Bed-and-breakfast facilities providing no more than
two bedrooms for transients, unless the size of the lot on which the
facility is located is at least 30,000 square feet, in which event
up to four bedrooms may be used for transients.
The following accessory buildings or uses are
permitted as of right in a Medium Density Residential Zone:
A.
Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227.
B.
Where the principal use is as a one- or two-family
dwelling, private swimming pool, tennis courts, and other similar
recreational facilities for the principal private use of the occupants
of the dwelling.
C.
Up to three accessory buildings other than a garage or a building
occupied by a detached accessory dwelling unit, all such accessory
buildings in the aggregate not to exceed a total footprint of 600
square feet in size unless the lot is three acres or larger, in which
event the aggregate area of the accessory buildings may not exceed
total footprint of 2,000 square feet.
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
D.
A temporary building for commerce or industry, where
such building is necessary or incidental to the development of a residential
area. Such buildings may not be continued for more than one year except
upon receipt of a special approval from the Board of Appeals.
E.
The keeping of household pets in a dwelling unit or
other location adjacent to or accessory to a dwelling unit (e.g.,
outside doghouse, etc.) provided that no more than three household
pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Zoning Board of Appeals.
G.
Adult day-care facilities serving no more than four
clients at any one time.
H.
Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
I.
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
J.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
K.
The keeping
of chickens, provided that:
[Added 8-8-2016 by L.L.
No. 8-2016]
(1)
No
more than six hens shall be allowed on each lot;
(2)
No
roosters shall be allowed;
(3)
Coops
shall be located in the rear yard and be located no less than 20 feet
from any property line;
(4)
Coops
and enclosures must be kept in a neat and sanitary manner and must
be cleaned on a regular basis so as to prevent offensive odors;
(5)
Chickens
must be kept in a humane condition;
(6)
Chicken
feed must be stored in rodentproof containers; and
(7)
Chickens
shall be confined at all times to the property on which they are kept.
[Amended 2-12-2007 by L.L. No. 1-2007; 12-11-2017 by L.L. No. 20-2017]
The following accessory buildings or uses are
permitted in a Medium Density Residential Zone, but only upon receipt
of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this chapter:
A.
The keeping of domestic animals in accessory buildings,
provided that:
(1)
The lot on which such accessory building is located
is at least two acres in size unless the Zoning Board of Appeals requires
a larger lot in order to prevent adverse effects on the adjacent or
surrounding neighbors, in which event the lot size shall be the minimum
reasonably established by such Board; and
(2)
No such accessory building shall be nearer than 30
feet to any lot line of any adjoining owner; and
(3)
There shall be no raising of fur-bearing animals,
or kennels for more than three dogs over six months old.
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
In Medium Density Residential Zones, no building
shall be erected, altered, or extended to exceed 38 feet in height
from the lowest interior grade or 36 feet in height from the lowest
exterior grade, whichever is lower. No structure other than a building
shall be erected, altered, or extended to exceed 30 feet in height.
A building occupied by a detached accessory dwelling unit shall not
exceed one story and 20 feet in height, except buildings constructed
prior to the effective date of Local Law No. 20 of the Year 2017 may
exceed these two parameters as long as the building height is not
subsequently increased beyond that existing on the effective date
of said local law. Other accessory buildings shall not exceed 20 feet
in height.
In Medium Density Residential Zones yards of
at least the following dimensions are required:
A.
Front yard: Not less than the average depth of the
front yards of buildings on lots immediately adjacent. However, the
front yard depth shall not be less than 25 feet or need it be greater
than 50 feet.
B.
Rear yard: Not less than 30 feet in depth.
C.
Side yards: Each not less than 15 feet in width.
[Amended 8-13-2012 by L.L. No. 11-2012]
D.
Greater yards: Notwithstanding the foregoing, any
special yard requirements for specific uses or buildings set forth
elsewhere in this chapter shall, if more restrictive, supersede the
above yard provisions.
E.
Accessory buildings.
[Amended 8-13-2012 by L.L. No. 11-2012; 12-11-2017 by L.L. No. 20-2017]
(1)
Buildings occupied by a detached accessory dwelling unit. Such buildings
must be located in a rear yard, be at least 30 feet from any side
lot line, and be at least 15 feet from a rear lot line.
(2)
All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard.
(3)
Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the thirty-foot rear yard setback required by Subsection B above.
(4)
Accessory buildings (except for garages and buildings occupied by
a detached accessory dwelling unit) shall be not less than three feet
from any side or rear lot line. Any accessory building, other than
a garage or a building occupied by a detached accessory dwelling unit,
on a corner lot shall be not less than five feet from the rear lot
line.
F.
Garages: An attached or detached garage may occupy any yard provided
that it shall be no less than 25 feet from the front property line,
no less than 15 feet from a side line, and no less than 30 feet from
a rear line. All detached garages in the aggregate shall not exceed
a total footprint of 780 square feet in size. Detached garages shall
be included in the calculations of accessory buildings that, in the
aggregate, may not occupy more than 40% of any required rear yard.
Notwithstanding the foregoing, the following shall apply:
[Added 8-13-2012 by L.L. No. 11-2012; 3-13-2023 by L.L. No. 7-2023]
(1)
In
one of the side yards, a one-story garage, either attached to the
principal building or separate therefrom, may be no less than 10 feet
from a side line which is not a street line. In the rear yard, a one-story
detached garage may be no less than five feet from any side or rear
lot line.
(2)
A
one-story detached garage that serves dwellings on two separate lots
may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners, provided that there is
at least one garage bay on each lot, and further provided that the
garage meets the front property line setback requirement above.
(3)
Where
the average natural slope of a lot exceeds 8% rise or fall directly
from the street line, a one-story detached garage capable of housing
not in excess of two cars may be located in the front or side yard
not less than five feet from said street line upon receiving a special
approval from the Board of Appeals.
G.
Woodsheds:
A woodshed which has no more than 100 square feet in floor area and
the highest point of which is no more than 10 feet above ground level
may occupy a side yard, provided that the total storage space of all
woodsheds in a side yard shall not be more than 1,000 cubic feet.
A woodshed in a side yard shall be not less than three feet from any
side lot line.
[Added 8-13-2012 by L.L. No. 11-2012]
The maximum building area shall not exceed 20% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
Lots in Medium Density Residential Zones shall
meet the following minimum requirements:
A.
Minimum lot area shall be at least 15,000 square feet;
and
B.
Minimum width at the street line shall be 60 feet;
and
C.
Minimum width at the maximum required front yard setback
line (50 feet from the street line) shall be 100 feet; and
D.
Minimum depth from the highway right-of-way shall
be 150 feet.
[Amended 5-13-2019 by L.L. No. 3-2019]
In the case of publicly owned properties and properties of universities, colleges, cemeteries, or other private institutions located in Medium-Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and along boundaries with adjacent properties where lot ownership is not identical. Notwithstanding the provisions in § 270-226, publicly owned properties and properties of universities, colleges, cemeteries, or other private institutions located in Medium-Density Residential Zones may have more than one principal building on a lot.
Parking requirements shall be as set forth in Article XXVII.
