Southport City Zoning Code
ARTICLE V
Bulk and Density Control Requirements
§ 525-23 Intent.
This article is established in the interest of promoting public health, safety and welfare by providing open space for the access of light and air circulation, preventing conflagration, facilitating firefighting, meeting current and future septic disposal needs, protecting water supplies and environmentally sensitive areas, providing noncongested traffic movements, and protecting views.
§ 525-24 Bulk and Density Control Schedule.
The Bulk and Density Control Schedule of required conditions for each zoning district is as follows.[1]
[1]
Editor's Note: The Bulk and Density Control Schedule is included as an attachment to this chapter.
§ 525-25 Yard requirements.
Except as herein provided, no structure shall be erected or altered, or lots used, except in accordance with the requirements set forth in this article and the Bulk and Density Control Schedule.[1] No principal building shall be erected or altered in a setback.
[1]
Editor's Note: The Bulk and Density Control Schedule is included as an attachment to this chapter.
§ 525-26 Special requirements relating to front yards.
A.
On any lot with more than one front yard, all yards, other than front yard, shall be deemed to be a side yard.
B.
The minimum front yard setback on a lot may be reduced under the following conditions:
(1)
Lots adjoining the two sides of the subject lot have principal buildings located within less than the minimum front yard setback established for the district; and
(2)
The lot width of the subject lot is 250 feet or less; and
(3)
The reduced front yard setback on the subject lot shall be no less than a distance equal to the average distance between the front lot line and the building line on the adjoining lots.
C.
The minimum front yard setback on a lot shall be increased under the following conditions:
(1)
Lots adjoining the two sides of the subject lot have principal buildings located at greater than the minimum front yard setback established for the district; and
(2)
The lot width of the subject lot is 250 feet or less; and
(3)
The increased front yard setback on the subject lot shall be no less than a distance equal to the average distance between the front lot line and the building line on the adjoining lots, except that in no instance shall it be greater than 50 feet; and
(4)
In such instances, unenclosed porches may encroach up to eight feet into the front yard setback.
§ 525-27 Special requirements relating to side yards.
A.
A structure having a semidetached, townhouse or multiunit dwelling shall meet the side yard setback only at the end of the structure facing the side yard.
B.
Where the side wall of a building is not parallel to the side lot line or the side lot line is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any one point than 1/2 the otherwise required minimum width setback.
§ 525-28 Projection into yards.
Only the following shall be permitted to project into a minimum yard setback:
A.
Awnings and canopies may project a maximum of six feet.
B.
Cornices, eaves, passive solar devices, other such architectural features, and roof-mounted antennas may project a maximum of two feet.
C.
Exterior uncovered and unenclosed handicap access facilities may project up to the lot line if required to meet the access requirements of the Americans with Disabilities Act (ADA).
§ 525-29 Compliance with density.
A.
No subdivision of a lot shall create a lot that is not in compliance with any provision of the Bulk and Density Control Schedule.[1]
[1]
Editor's Note: The Bulk and Density Control Schedule is included as an attachment to this chapter.
B.
There shall be no more than one principal structure containing any dwelling unit on a lot except as may be approved under site plan review and approval.
§ 525-30 Distance between principal structures on same lot.
Where there are two or more principal structures on a lot in any district, the space between such structures shall be at least equal to the height of the taller structure.
§ 525-31 General exception to height requirements.
The limitations on the height of a building shall not apply to parts of a structure which are nonhabitable, including silo, chimneys, heating, ventilating and air-conditioning (HVAC) equipment, skylights, tanks, bulkheads, spires, elevator shafts, enclosed stairwells or antennas.
§ 525-32 Through lots.
In the case of a lot running through from one road to another road, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on the permit application which lot line shall be considered the front lot line. The rear portion of such a lot shall, however, be a front yard for the purposes of determining required setback and locations of permitted structures, and uses.
§ 525-33 Special requirements.
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
A.
Special requirements for each agricultural use identified and defined in § 525-5 shall apply as follows:
(1)
An agricultural use, general and agricultural use, commercial stable, shall have a minimum lot area of seven acres, except as otherwise prescribed by this section.
(2)
The keeping or maintenance of animals or animal waste for any use on any parcel shall be not less than 150 feet from any residence located on another parcel.
(3)
Any use that involves the keeping of horses, donkeys, mules, llamas, alpacas or similar animals requires a minimum lot area of one acre per said animal.
(4)
Adequate shelter shall be provided to protect all animals on the site and adequate fencing shall be provided to secure and contain all animals on the site.
(5)
An agricultural use, commercial, shall have a minimum lot area as permitted by a concentrated animal feeding operation permit issued by the New York State Department of Environmental Conservation, or as otherwise determined by site plan review.
(6)
An agricultural use, industrial, shall have lot sizes and minimum setbacks as required by site plan review.
B.
Multiunit dwellings in the R3 District shall have a minimum lot area of 3,000 square feet per unit.