The general area and bulk regulations in each zoning district are set forth in the following § 180-86, District Schedule of Area and Bulk Regulations. This schedule is supplemented, as appropriate, by other provisions of this chapter. NOTE: R2os in the schedule below refers to the open space incentive option in accordance with § 180-30.
Nothing contained herein shall prohibit the use of an existing lot of record of less than the prescribed lot area or lot width if such lot was created after August 2, 1972, and the lot is part of a plat approved by the Town of Milton Planning Board in accordance with Chapter 154, Subdivision of Land, and filed in the office of the Saratoga County Clerk in a timely manner pursuant to the Town Law; or if such lot existed at the time of adoption of the Town's initial Zoning Ordinance on October 9, 1972, provided that:
Such lot does not adjoin any other lot, lots or land held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
Such lot may not be used for more than one permitted principle use and its associated accessory structures.
Such use shall satisfy all applicable requirements of the Town of Milton and the New York State Departments of Health and Environmental Conservation for potable water supply and sewage disposal facilities.
Except for lot area and lot width, all other area and bulk regulations for that district shall be met for any proposed use.
[Amended 10-1-2014 by L.L. No. 2-2014]
Single-lot exemption in the R2 District. The owner of any parcel of at least five acres held in separate ownership from the surrounding parcels prior to June 20, 2001, may apply to the Planning Board for an exemption to subdivide one lot of at least two acres. This section is to automatically expire December 31, 2014.
Only one such single lot exemption shall be permitted from any such parcel. Each lot created or remaining must provide at least two acres in area, 50 feet minimum frontage on a Town, county or state highway and 200 feet lot width and other dimensional requirements in addition to any public health requirements associated with water supply and wastewater disposal and for safe access directly to the parcel from the publicly maintained way.
The Planning Board must render a determination that such application meets the requirements of this section. Upon determination that the application for a single lot exemption applies, the owner shall submit a plat meeting all of the technical requirements for such plat established herein.
The plat shall be submitted for final approval to the Planning Board. The plat shall bear the following notation: "The two new parcels created by this subdivision have been granted a one-time single lot exemption. Any further subdivision must meet the complete lot area and dimensional requirements of the current Town of Milton Zoning Code."
The Planning Board Secretary shall maintain a map and record of all parcels that have received the benefits of this one-time, single-lot exemption provision.
In all districts where residences are permitted, a lot held in single ownership may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in the § 180-86, District Schedule of Area and Bulk Regulations, except as provided in §§ 180-13 and 180-13.1 above regarding existing lots of record and single lot exemptions.
More specifically, if two or more principal residential structures or dwelling units are located on the same lot, except for an accessory dwelling authorized by a special use permit, the minimum lot area per dwelling unit requirement must be complied with, and all other requirements of this chapter and other applicable laws, rules and regulations must be strictly met. Further, a residential lot of required or greater than required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form two or more lots, any of which shall be less than the minimum lot area required for the district in which the lot or lots are situated.
To the extent that such does not interfere with state or federal regulations applicable to required airport clear zones, the height limitations set forth in the § 180-86, District Schedule of Area and Bulk Regulations, shall not be applicable to the following:
Satellite and cellular antennas (see § 180-39.1, Telecommunications towers and satellite antennas).
Flagpoles, radio or television antennas, transmission towers or cables, windmills, agricultural barns and silos and similar features, any of which shall be restricted to a maximum height of 50 feet above average finished grade at its base.
Spires, belfries, chimneys, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, solar collectors, air-conditioning units or similar structures which in their aggregate coverage occupy no more than 120 square feet or 10% of the roof area of the building, whichever is smaller, of which they are a part. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended.
No structure or other exception shall be used as a place for habitation or for advertising not otherwise authorized by this chapter.
Required front yards. On a corner lot, each street frontage shall be deemed to be a front street line, and the required yard along each such lot line shall be a required front yard; however, the above notwithstanding, for the purposes of this chapter no lot shall be interpreted to have more than two front yards regardless of how such lot is located or configured. The Zoning Enforcement Officer, in consultation with the owner, shall establish which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.
Obstructions at street intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, as measured above the finished grade, if any, or above the existing road level, shall be erected or installed and maintained on any lot within the triangle formed by the intersecting street lines, or their projections where corners are rounded, and a straight line joining said street lines at points which are 30 feet distant from their point of intersection measured along said street lines and/or projections.
The following architectural features of a building may extend into a required yard, subject to limitations provided herein:
Ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
Chimneys or pilasters.
Open arbors or trellises.
Unroofed steps, patios or terraces not less than 20 feet from the highway right-of-way nor less than 10 feet from any side or rear lot line, provided that the building complies with the yard requirements of this chapter.
Awnings or movable canopies not to exceed 10 feet in height nor projecting more than six feet into any required yard.
Open fire escapes on the side or rear of a building and extending not more than eight feet from the principal building nor closer than five feet to any lot line.
The following accessory structures may be located in any side or rear yard, subject to the limitations stated herein:
Private outdoor tennis courts, in-ground or above ground swimming pools, whirlpools, spas or hot tubs not less than 15 feet from the side or rear lot line and fully consistent with the provisions of § 180-34 of this chapter.
Permitted accessory structures, as defined in § 180-5 of this chapter, provided that:
Structures shall not exceed 20 feet in height in any residence district.
Structures shall be set back no less than 10 feet from any lot line nor less than 12 feet from the principal building or a distance equal to the height of the accessory building, whichever is greater.
All such structures in the aggregate shall not occupy more than 30% of any required yard.
Structures shall not project closer to the fronting street than the principal building on the lot or a distance of 60 feet, whichever shall be less.
A maximum of three such accessory structures, other than a permitted sign or agricultural buildings in conjunction with farm operations, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds five acres, additional accessory structures may be sited if a special use permit is granted in accordance with Special Permit Uses, Article VII of this chapter.
A single portable accessory building with a maximum floor area of 125 square feet may be installed or constructed and utilized without the issuance of a building permit or certificate of occupancy, provided that:
The structure does not have a permanent foundation.
The structure is not served by any utility such as electricity, gas or plumbing.
The walls of the structure do not exceed eight feet in height and the highest point of the roof does not exceed 12 feet in height measured from grade.
The structure is never used for human habitation.
All other requirements of this chapter related to accessory structures are fully met.
Except in the Town Center District, where more than one principal building may be permitted on a lot, no detached principal building shall be located closer to any other principal building on the same lot than the height of the taller of said buildings.
On streets, roads or highways with less than a 50 feet right-of-way, the front setback shall be measured perpendicularly from the center line of the existing right-of-way, with 25 feet added to the required front yard setback to establish the building line.
All lots proposed for building purposes in the Town at Milton shall have a minimum lot frontage of 50 feet. Said lot frontage shall be measured along the right-of-way of any dedicated Town, county or New York State highway or along a line 24.75 feet from the center line of any user highway. The width of any lot shall not be less than 50 feet throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. See § 180-86, District Schedule of Area and Bulk Regulations.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restrictive zoning district, there shall be provided along both sides of such abutting lot line or lines side or rear yards equal to those required in the more restrictive zoning district.
In all districts, the buildable area and all minimum front, side and rear yard requirements must be satisfied by measurement wholly on unconstrained land.
Unconstrained land shall not include areas within a designated wetland, as delineated by the New York State Department of Environmental Conservation (including the required one-hundred-foot buffer) or the National Wetlands Inventory prepared by the United States Fish and Wildlife Service, or which lies under water or which is on slopes in excess of 15% or which is within the one-hundred-year floodplain or is included in the delineated Stream Corridor Overlay (SCO) District. In determining the locations of wetlands, the Planning Board may require that the wetlands be flagged during an on-site wetland delineation by a professional engineer, surveyor or a wetland biologist.