Maximum principal building(s) coverage and lot coverage shall be as follows:

Front yards.

Side yards.

Rear yards.

Definitions. For purposes of this section, a "nonconforming building" in the Multifamily (MF-1, MF-2 and MF-3) Districts shall be a building which does not conform to the bulk requirements set forth herein. A "nonconforming use" shall be a use which does not conform to the permitted use requirements set forth herein.

(Reserved)[1]

(Reserved)

Any development which has received preliminary site plan approval by the Clarkstown Planning Board in conformity with the RG-1 or RG-2 requirements prior to the adoption of this subsection of the Zoning Ordinance shall be deemed to be conforming so long as all requirements of the approved site plan are met.

All open areas not used for buildings, parking spaces and driveways shall be suitably landscaped or left in their natural state, as determined by the Planning Board.

A specifically designated area or areas shall be available for recreational use of the residents.

In an MF-1 District, 25% of the entire tract shall be reserved as usable open space for use by all residents of the development or, at the request of the applicant, prior to final site plan approval and subject to acceptance by the Town Board upon recommendation of the Parks Board and Recreation Commission, may be offered for dedication, in whole or in part, to the Town. Such usable open space, exclusive of any off-street parking areas and access driveways or any other paved areas, shall have no dimension of less than 30 feet, except for access, and the location thereof shall be subject to the approval of the Planning Board. The community building and recreation facilities may be located within the usable open space. In an MF-2 District, the above percentage shall be 15%. In MF-3 Districts the above percentage shall be 10%. Density shall be established prior to the identification of usable open space.

Facilities for refuse disposal shall be provided for all dwelling units. Collection areas shall be maintained and conveniently located for all groups of dwelling units. All storage containers for the collection of solid waste not within principal buildings shall be completely enclosed in a manner which is architecturally compatible with the principal buildings. All storage containers shall have permanently attached covers. The location of enclosures shall be subject to approval by the Planning Board.

All areas intended for vehicular use, access or parking shall be paved with a hardtop surface upon a suitable subgrade of materials and to specifications acceptable to the Director of Engineering and Facilities Management. The base shall be properly drained and suitably constructed to support the prospective traffic load.

Open parking areas and driveways shall not be closer than 20 feet to any building or lot line.

No active exterior recreation facility, such as, but not limited to, a swimming pool (to edge of fence), tennis court or other recreational facility, shall be closer than 30 feet to any building or 50 feet to any lot line or be between a building line and a public street. Locker rooms and other supporting facilities shall be considered buildings for purposes of this distance requirement between buildings.

Traffic directional signs shall be provided as required by the Planning Board.

All walks, outside steps, vehicular entranceways, exitways and intersections of roads shall be adequately lighted; said lighting shall not be directed on adjacent streets or properties.

Buildings shall be individually identified and clearly marked with signs sufficiently illuminated to be visible from roadways or access drives at all times.

Group garages, if provided, shall be architecturally compatible with principal buildings.

Recreational areas and facilities, except where dedicated to the Town, shall be solely for the use of residents of the development and their guests.

Opaque fencing, aesthetically attractive on both sides, at least six feet in height, shall be placed along any property line abutting a nonresidential use or nonresidential zone. The Planning Board may waive this requirement where adequate fencing, properly maintained, already exists on adjacent properties.

Internal roads shall be as follows: two-way internal roads shall be at least 24 feet in width; while one-way internal roads may be 14 feet in width if not used as parking aisles.

A single access road shall be provided and paved to a width of at least 24 feet for developments of not more than 50 units. For developments in excess of 50 units, a double-paved roadway of at least 24 feet and a median of 10 feet shall be provided, or multiple single-access roads shall be provided. Notwithstanding the foregoing, the Planning Board may approve alternates if reasonable safety and access are provided. Internal roads shall be built to Town specifications.

The property shall have frontage on and access from a public street or streets.

The property shall be served by public water and sanitary sewers.

Distance between buildings. The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal building and any accessory building or between two detached accessory buildings shall be not less than 20 feet for MF-1, MF-2 and MF-3 Districts, and no parking shall be located within this area. However, any other provision notwithstanding, a minimum distance of 60 feet shall be maintained between the center of any window in a habitable space other than a window in a bathroom or kitchen and any wall of the same or of another structure, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

Dwelling unit.

Common areas and facilities maintenance.

Ground, building and facility maintenance.

Street ownership and maintenance.

Minimum overall net lot area shall be three acres or 130,680 square feet.

Maximum density permitted as per § 290-7.1I.

Maximum principal building(s) coverage shall be 20% and maximum lot coverage, which includes principal building(s) coverage, shall be 50% within the AAR Zoning District.

Minimum front lot line for overall site shall be 300 feet and access to either a state or county major or secondary road as classified on the Town Official Map.

Maximum floor area ratio shall be 1.00 (100%).

No stacking of cars permitted, except for one car parked in driveway in front of an enclosed garage.

Retaining walls. Height of retaining walls shall not exceed four feet. Distance between any two retaining walls shall not be less than the height of the retaining wall higher in elevation.

Distance between buildings. The distance between any two principal buildings shall not be less than the height of the tallest of the two buildings.

Bedrooms. No more than three bedrooms per unit.

Landscaping. A twenty-foot landscaping buffer shall be provided along all lot lines to buffer the higher density use from adjacent uses.

Required yards. (This refers to the distance to exterior property lines of the overall sites.) Setbacks shall be required as follows. Where any required yard abuts any existing or proposed street, the yard shall be measured from the designated street line.

Maximum building height shall not exceed 35 feet within the AAR floating zone applied over MF-1, MF-2, MF-3, RG-1, RG-2, R-10, R-15 and R-22 zones and shall not exceed 45 feet within the AAR floating zone applied over LO, PO, LS, CS, and LIO zones, except within those areas designated on the Zoning Map as Hamlet Center, where the maximum building height shall not exceed 35 feet.

No more than 50 units shall be constructed within any single building. Buildings with multiple units and common entrances shall be connected by an enclosed walkway.

Parking: 1.5 parking spaces per unit, plus 0.5 parking space per unit for visitor parking and community area. Parking areas of more than 50 spaces shall be divided into subareas of approximately 25 spaces with landscaping between subareas.

Canopies overhanging entrances shall have sufficient clearance for buses and paratransit vehicles.

Patios and deck extensions shall be included as part of the yard requirements so as to avoid intrusions to the adjacent property.

Required yards. (This refers to the distance to exterior property lines of the overall sites.) Setbacks shall be required as follows. Where any required yard abuts any existing or proposed street, the yard shall be measured from the designated street line.

Height. Maximum building height shall not exceed 25 feet.

Parking: two parking spaces per unit, plus 0.5 parking space per unit for visitor parking and community area. Parking areas of more than 50 spaces shall be divided into subareas of approximately 25 spaces with landscaping between subareas.

Minimum and maximum square footage. Units shall be between 1,400 square feet and 2,500 square feet.

The first 400 square feet of an unenclosed roof front porch and garages shall not be counted towards maximum area or FAR.

Buffer areas must be landscaped in such a way that commercial activities are screened from abutting residential uses. The intent of the landscaping is to maintain the residential character of residential districts, preserve scenic areas, minimize aesthetic impacts, minimize noise and light impacts, and preserve the health and safety of residents.

Screening may include a combination of berms, evergreen vegetation (e.g., trees and shrubs), stone walls, decorative fencing, and other landscaping techniques and ground covers. Buffer areas shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings.

All landscaped materials and features are required to be regularly maintained and shall remain consistent with the approved site plan and/or approved landscaping plan in perpetuity. Any landscaped materials and/or features that are damaged or fail in any manner shall be replaced.

The Planning Board shall review the potential visual and acoustic impacts of the proposed development, including but not limited to the measurement of sight lines and decibel levels from surrounding areas.

The Architecture and Landscape Commission shall evaluate the proposed buffer landscape plans for the appropriate combination of materials and features in keeping with the character of the community and protecting the aesthetics of the surrounding residential areas. The Commission shall consider the potential visual impacts of the proposed screening in its setting.

Stormwater runoff. Developments which incorporate plans with reduced stormwater runoff are eligible for maximum FARs at the following levels:

The number of persons who assist or are employed in any capacity, whether as employees, commission agents, independent contractors, partners, officers, directors or stockholders, shall not exceed one person outside those residing in the family unit.

Visiting clientele may not exceed more than one vehicle per 1/2 hour.

Off-street parking shall be shown on a plan and shall be provided without paving more than 25% of the required front yard.

The plan shall show two parking spaces in addition to those which are required for the residence(s).

Landscaping or other appropriate screening as required by the Building Inspector or the Director of Engineering and Facilities Management of the Town of Clarkstown shall be provided to screen parking from adjoining properties.

The home shall be the actual place of residence of the person conducting the home occupation.

The home occupation shall not involve the on-site use or storage of any commercial vehicles or construction equipment or mechanical equipment not permanently affixed to the premises, except for one vehicle not over 6,500 pounds.

The home occupation shall not involve the use of any chemical, mechanical or electrical equipment or fixture which is not a customary household appliance or light office equipment. This requirement shall not apply to the use of the premises as a home occupation by doctors, dentists and chiropractors.

No manufacturing or assembly shall be permitted using other than manually operated equipment.

There shall be no more than one home occupation per dwelling unit.

Instructional services or sales meeting shall be limited to no more than two participants, including visitors, at a time.

The applicant shall demonstrate that there will be no noise, odor, smoke, glare or vibration beyond the property line.

Provisions for dust collection or collection of similar by-products shall be provided.

The lawful use of any premises as a home occupation existing on May 24, 1988, may be continued although neither such use nor bulk conforms to the current regulations. Normal maintenance and repair of premises used as a nonconforming home occupation shall be permitted if it does not extend the area of or the intensity of such use.

The applicant shall provide a sworn and notarized affidavit indicating how all the aforementioned conditions will be met.

Preexisting single-family residential lots with less than required area. Preexisting residential lots owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 30, 1967, or located on a subdivision plat which received preliminary approval by the Planning Board prior to June 30, 1967, with a lot area less than the minimum requirements set forth in General Bulk Regulations Table 12, but meeting all other bulk requirements shall be deemed conforming.

Preexisting single-family residential lots, zoned R-160, owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to January 1, 1983, or located on a subdivision plat which received final approval by the Planning Board prior to January 1, 1983, with a lot area or lot width less than the minimum requirements set forth in General Bulk Regulations Table 12,[1] but meeting all other bulk requirements shall be deemed conforming.

A lot, either owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 30, 1967, or located on a subdivision plat which received preliminary approval by the Planning Board prior to June 30, 1967, which has a total lot width less than the minimum required in the Bulk Table, may be used for the construction of a single-family detached residence, provided that such lot shall conform to the use regulations and/or other bulk regulations except as follows:

Preexisting single-family residential lots zoned R-160 with less than required lot width. A lot, either owned individually and separately and separated from any adjoining lot or lots in the same ownership prior to June 28, 1983, or located on a subdivision plat which received final approval by the Planning Board prior to January 1, 1983, which has a total lot width less than the minimum required in the Bulk Table, may be used for the construction of a single-family detached residence, provided that such lot shall conform to the use regulations and/or other bulk regulations except as follows:

Required front yard: 25 feet.

Required side yards: see § 290-20A(2).

Required rear yard: 20 feet.

Temporary portable storage containers (aka PODS) shall be permitted under the provisions of this section. Not more than one such container shall be allowed per residential lot. Containers shall not exceed 128 square feet and eight feet in height. The portable storage container must be a minimum of 10 feet from any side or rear yard property line and a minimum of 15 feet from the dwelling; in no instance shall the container be placed in a required front yard, 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 14 days and for a period not to exceed 90 days, except this period may be extended at the discretion of the Building Inspector for an additional 90 days, but in any event, for a total period not to exceed 180 days from the date of original issuance. 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. The fee for the permit for the temporary storage container shall be established in accordance with the Town Consolidated Fee Schedule, as adopted, and which may be amended from time to time, by resolution of the Town Board. Said fee shall be nonrefundable.

For subdivision plats approved under the provisions of Town Law § 281, such deck may project into a rear yard, provided that it does not exceed 308 square feet and does not extend out from the building more than 14 feet. This exception shall also apply to side yards, provided that such deck or raised terrace is not closer than 10 feet to the property line.

For approved subdivision plats which have been rezoned to a lesser density zone after development, a projection into the required rear yard which does not exceed 240 square feet and which does not extend out more than 12 feet from the building is permitted. This exception shall also apply to side yards, provided that such deck or raised terrace is not closer than 10 feet to the property line.

For individual lots that have nonconforming bulk as to rear or side yard setbacks, such deck or raised terrace may project into the rear or side yard, provided that it does not exceed 240 square feet and is not closer than 10 feet to the property line.

For sites in RG or MF Zones in condominium ownership, such deck or raised terrace may project into a required rear or side yard, provided that it does not extend out more than 10 feet from the building.

For lots in RG or MF Zones in individual ownership subject to a homeowners' association or other cooperative type of ownership, a deck or raised terrace may project into a rear yard, provided that it does not extend out more than 10 feet from the building and in no event shall it project into any common area.

Not more than 50% of the land area of any portion of any lot that is proposed to be developed may be counted as part of any lot area if subject to the following:

No buildings, structures or land disturbance shall be permitted on that portion of a lot with a slope in excess of the foregoing.

No portion of the land area of that portion of a lot with a slope in excess of 50% may be counted as part of the minimum lot area of a parcel.