Muttontown City Zoning Code
ARTICLE III
Area, Yard and Bulk Regulations
§ 190-7 Residence districts.
[Amended 8-9-1976 by L.L. No. 1-1976; 9-11-1978 by L.L. No. 3-1978; 4-9-1984 by L.L. No. 1-1984; 4-8-1985 by L.L. No. 1-1985; 10-7-1985 by L.L. No. 2-1985; 7-14-1986 by L.L. No. 5-1986; 8-15-1988 by L.L. No. 2-1988; 9-11-1989 by L.L. No. 2-1989; 7-14-2003 by L.L. No. 3-2003; 5-9-2005 by L.L. No. 2-2005]
Subject to the exceptions specified in this chapter, no building shall hereafter be erected on a lot in any residence district except in compliance with the following:
Zoning District | ||||||
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Minimum Requirements (feet unless otherwise indicated) | A-1 | A-2 | A-3 | E-3 | E-5 | |
(a) Lot area (acres) | 2 | 1 | 1/2 | 3 | 5 | |
(b) Front lot line | 200 | 150 | 100 | 200 | 50 | |
(c) Front lot line on cul-de-sac | 90 | 75 | 50 | 90 | 90 | |
(d) Lot depth | 250 | 150 | 100 | 250 | 300 | |
(e) Lot width | 150 | 100 | 75 | 200 | 300 | |
(f) Front yard (see § 190-9A) | 75 | 50 | 30 | 75 | 100 | |
40 | 30 | 20 | 50 | 75 | ||
50 | 40 | 30 | 50 | 75 | ||
(i) Maximum height | ||||||
Principal building | 35 | 30 | 25/291 | 35 | 35 | |
Principal building with a flat roof (less than 6 to 12 pitch) | 25 | 25 | 25 | 25 | 25 | |
Accessory building with a flat roof (less than 6 to 12 pitch) | 12 | 12 | 12 | 12 | 12 | |
Accessory building with pitched roof (6 to 12 pitch or greater) or without roof | 18 | 18 | 18 | 18 | 18 | |
(j) Maximum building area (expressed as a percentage of lot area) | ||||||
Principal building only | 5% | 8% | 15% | 4% | 3% | |
Principal building and all accessory buildings, excluding patios and decks | 15% | 15% | 20% | 13% | 10% | |
Principal building and all accessory buildings, including patios and decks | 15% | 15% | 25% | 13% | 10% | |
(k) Maximum principal building length | ||||||
Lots having less than 3 acres in lot area | 110 | -- | -- | 110 | -- | |
Lots having 3 acres or more in lot area (see § 190-9A) | 150 | -- | -- | 150 | -- | |
(l) Minimum habitable floor area (square feet) | 2,000 | 1,500 | 1,500 | 2,000 | 2,000 | |
(m) Maximum habitable floor area (square feet) | 8,000 | 6,000 | 5,500 | 9,000 | 12,000 | |
NOTES: |
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No accessory buildings shall be located in the front yard of a principal dwelling. |
1 Only for a dwelling with a pitched roof located in the A-3 Zoning Districts on a lot specifically authorized for pitched roof measurement by the Planning Board as part of a filed subdivision plat. |
§ 190-8 Additional regulations.
A.
In the A-1, E-3 and E-5 Zoning Districts, principal and accessory buildings shall be set back from all property lines so that the height of the building does not exceed the vertical distance between an imaginary line known as the "height projection line" and the natural grade of the property immediately adjacent to that portion of the building closest to the property line; provided, however, that the height shall not in any case exceed the maximum height permitted in § 190-7, Item (i), nor shall the setback of the building be less than the minimum yards in § 190-7, Items (f), (h) and (h). The height projection line shall be defined as an imaginary line projecting upward at a thirty-degree angle from a point at the intersection of a horizontal line drawn at the elevation of the natural grade and the property line nearest the building. (See Exhibit A.)
Exhibit A Typical Elevation View Showing Control of Height of Building |
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B.
Every private barn, private stable, private kennel or other roofed enclosure for the keeping of animals shall have a minimum rear yard of 40 feet in the A-3 District.
C.
No lot on which an existing building is located shall be created from a parcel of land unless such building shall conform to all of the applicable provisions of § 190-7 and Subsections A and B of this section, notwithstanding the preexisting nonconforming use and location of such a building, unless a variance for said building is granted. An existing accessory dwelling or building which is to be inhabited as a dwelling on the lot to be created shall be deemed the principal building and subject to all requirements applicable to a principal building in this chapter.
D.
In the A-1 and E-3 Zoning Districts, a principal building constructed on a lot having a lot area in excess of three acres is permitted to have a maximum length not to exceed 150 feet, provided that for every one foot of length in excess of 110 feet the minimum side, rear and front yard setback requirements shall be increased by two feet for the principal dwelling or, if an addition to an existing principal dwelling, for said addition.
§ 190-9 Modifications; interpretation.
A.
Pursuant to the authority set forth in § 7-738 of the Village Law, the Planning Board is authorized to modify the applicable dimensional requirements of § 190-7, Items (a) through (h), for lands within the Residence E-3 District. Whether specific dimensional requirements are modified shall be in the sole discretion of the Planning Board and only in those applications where the Planning Board determines that application of design flexibility would benefit the Village by virtue of improved subdivision design, environmental protection, increased groundwater recharge, increased open space preservation, the protection of significant site features, better buffer screening and such other similar objectives of this chapter and of § 7-738 of the Village Law, provided that the following criteria are met:
(1)
The maximum number of building lots to be permitted by the Planning Board on any property proposed for design flexibility shall be determined by the number of buildable lots shown on a subdivision plat submitted by the owner, which plat conforms, in the opinion of the Planning Board, to all requirements of the E-3 District and all other governmental agencies having jurisdiction.
(2)
The net computable lot area of any individual lot within the subdivision approved pursuant to this section shall not, under any circumstances, be less than two acres.
B.
The Board of Trustees may, by resolution, adopt regulations to interpret or apply the provisions of this article.