BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:
Additions are underlined, Deletions are stricken. The said section of the Code is amended as follows:
As amended, Chapter 6 entitled “Building Construction Administration” originally adopted by the Town Board on 4-8-1963 and as thereafter amended and Chapter 43 originally adopted by the Town Board 7-7-1969 by LL No. 4-1969 and as thereafter amended, are hereby amended as follows:
Section 1.
Chapter 6 Building Construction Administration
6-9 Issuance of Building Permit.
- Exemptions. No Building Permit shall be required for work in any of the following categories:
Construction or installation of one-story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 144 square feet and is a portable building;
Construction of retaining walls less than two four feet in height unless such walls support a surcharge or impound Class I, II or IIIA liquids or redirect the current direction of drainage flow;
Section 2.
Chapter 43 Zoning
Article V Additional Bulk Regulations
5.2 Exceptions to bulk regulations.
5.227. Accessory buildings in required rear or side yards. A building or structure, except a swimming pool, accessory to a single-family or two-family dwelling in any district, except R-80 and R-40, may be located in any required rear or side yard, provided that it does not exceed 15 feet in height, it is set back five feet from any lot line, and all such buildings in the aggregate
shall not occupy more than 30% of the area of the required rear or side yard. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots. Swimming pools may be set back not less than 20 feet from the rear lot line in all residential zones other than RG. In RG Zones, the setback from the rear lot line for swimming pools will not be less than 10 feet. A portable building not over 100 144 square feet in area shall be permitted without a building permit on any residential lot in any rear or side yard, but no closer than five feet to any property line.
Section 3.
Chapter 43 Zoning
Article XI Definitions and Word Usange
11.2 Definitions
The term applied to a building or use which is clearly incidental or subordinate to and customarily in connection with the principal building or use and which is located on the same lot with such principal building or use. No residential building, tourist cabin or summer colony cottage shall be considered as “accessory” to any residential building. However one guesthouse, one caretaker’s cottage or one servants’ quarters may be considered as “accessory” to a residential use in R-80 only. Any “accessory” building attached to a principal building is deemed to be part of such principal building in applying the bulk regulations to such building. “Accessory” buildings, structures and uses shall not be subject to performance standards procedure, except as set forth in § 4.12. A portable building not over 100 144 square feet in area shall be permitted without a building permit on any residential lot in any rear or side yard, but not closer than five feet to any property line. Notwithstanding any other provisions in the Zoning Code to the contrary, vending machines and entertainment devices shall be deemed “accessory” to recreation establishments, such as bowling alleys, dance halls, billiard parlors, driving ranges and miniature golf courses; eating and drinking places; hotels and motels; and the same shall be permitted without a building permit. An establishment where the vending machines and entertainment devices are the principal use, such as an arcade, shall be subject to the requirement for a special permit found in the CS District, Column 3, Zoning Board, Note 9, and all such other zoning districts which refer to that note.
Section 4.
This Local Law shall take effect upon the filing of same with the Secretary of State.