§ 70-101. Permitted encroachments.

Encroachments into required yards are permitted in the residential districts as provided in this article only.

A. 

Cornices and eaves shall project not more than 18 inches, gutters not more than eight inches and chimneys not more than 18 inches; bay windows shall be not more than eight feet in width and shall project not more than 24 inches into any required yard; belt courses and sills shall project not more than six inches. All encroachments listed within this subsection shall be permitted as encroachments beyond a legally existing building and shall not be deemed to violate any required setbacks; provided, however, that each encroachment must be within the bounds of the property and comply with New York State Uniform Building Code. All encroachments listed in this subsection shall also be permitted as additional encroachments beyond those encroachments listed in § 70-101B and C.

[Amended 1-29-2019 by L.L. No. 3-2019]

B. 

One-story open porches and terraces shall project not more than five feet into a required front yard.

C. 

A one-story enclosed vestibule not greater than eight feet in width and five feet in depth may extend into a required front yard, provided that said vestibule shall conform in architecture and material to the main building.

D. 

No encroachment which is permitted to extend into any yard or court if unroofed or unenclosed shall thereafter be enclosed in whole or in part, either permanently or temporarily.

E. 

(Reserved)

F. 

In any case, where the Board of Appeals has diminished a required yard by variance, none of the foregoing encroachments shall be permitted in such diminished yard.

G. 

Steps extending into a minimum yard will not be considered an encroachment into such yard, provided that such steps do not exceed in height the first floor level of the building, and provided further that such steps are necessary to provide access to a walk, porch, terrace or vestibule.

H. 

A central air-conditioning unit shall not project more than five feet into a required front yard. The average front yard setback shall not be considered when determining the required front yard setback for the purposes of locating air-conditioning units in a front yard.

Amended 4-28-1987 by L.L. No. 10-1987; 4-1-1997 by L.L. No. 8-1997; 9-16-1997 by L.L. No. 20-1997; 12-9-2014 by L.L. No. 19-2014