CHAPTER 21
ZONING
ARTICLE VI. RESIDENTIAL DISTRICTS
Sec. 21-30. GENERAL PURPOSES – RR, R1, AND R2 RESIDENTIAL DISTRICTS.
These districts are established in order to protect public health and promote public safety, convenience, comfort, prosperity, and welfare. The general goals include, among others, the following specific purposes:
(1) To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare, and other objectionable factors.
(2) To protect residential areas to the extent possible and appropriate in each area against unduly heavy motor vehicle traffic, especially through traffic, and to alleviate congestion by promoting off-street parking.
(3) To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulation of the bulk of buildings.
(4) To protect and promote public health and comfort by providing ample light and air to buildings and the windows thereof.
(5) To promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development.
(6) To provide sufficient space in appropriate locations to meet the probable need for future residential expansion and to meet the need for necessary and desirable services in the vicinity of residences, which increase safety and amenity for residents and which do not exert objectionable influences.
(7) To promote the best use and development of residential land, to promote stability of residential development and protect the character and desirable development, and to protect the value of land and improvements and so strengthen the economic base of the Village.
Sec. 21-31. R3 AND R4 RESIDENTIAL DISTRICTS.
In addition to the objectives prescribed in Section 21-29, the R3 and R4 Districts are included in this chapter to achieve the following purposes:
(1) To reserve appropriately located areas for families living in a variety of types of dwellings at a reasonable range of densities consistent with the sound standards of public health and safety.
(2) To preserve as many as possible of the desirable characteristics of one-family and two-family residential districts while permitting higher population densities.
(3) To ensure adequate light, air, privacy, and open space for each dwelling unit.
(4) To minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.
(5) To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks.
(6) To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic.
(7) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, increased water runoff, and other objectionable influences.
(8) To protect residential properties from fire, explosion, noxious fumes, and other hazards.
Sec. 21-32. RESERVED.
Sec. 21-33. OFF-STREET PARKING REQUIREMENT IN ALL RESIDENTIAL DISTRICTS.
All Residential Districts, as defined in Section 21-35 through Section 21-38 inclusive, shall provide at least one off-street parking space for each living unit.
Sec. 21-34. RR RURAL RESIDENTIAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted or enlarged, or structurally altered in the RR District except for one or more of the following uses:
(a) One-family detached dwelling.
(b) Home occupations, as permitted in accordance with provisions of this chapter.
(c) Temporary buildings for construction purposes, not for human habitations, and not to exist after termination of the project.
(d) Accessory uses as defined in Section 21-3.
(2) Special Uses. Any special use as denoted in Section 21-39 may be allowed by special use permit in RR District in accordance with provisions of this chapter.
(3) Lot Size.
(a) Every principal permitted used in this section shall be located on a tract of land having an area of not less than twenty thousand (20,000) square feet and a width at the established building line of not less than one hundred (100’) feet with at least one public utility to the tract.
(b) Every special use permitted in RR District shall be located on a tract of land, the minimum size of which shall be specified at the time a special use permit is authorized.
(4) Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement;
(a) FRONT. A front yard equal to at least one-half (1/2) the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than thirty-three (33’) feet nor require more than sixty (66’) feet.
(b) SIDE. A side yard of not less than fifteen (15’) feet; except, where a side yard adjoins a street, the minimum width shall be increased to one-half (1/2) the right-of-way of the adjoining street with a minimum of thirty-three (33’) feet and a maximum of sixty-six (66’) feet.
(c) REAR. A rear yard of not less than sixty (60’) feet.
(5) Height. In the RR District, no building shall be erected or altered to a height in excess of thirty-five (35’) feet or two and one-half (2-1/2) stories.
Sec. 21-35. R1 ONE-FAMILY RESIDENTIAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered except for use as a single-family residence.
(2) Special Uses. Any special use as denoted in Section 21-39 may be allowed by special use permit in the R1 District in accordance with provisions of this chapter.
(3) Lot Size.
(a) Every principal permitted use hereafter erected or located in R1 District shall have a lot area of not less than ten thousand (10,000) square feet with a minimum width at the established building set-back line of eighty-five (85’) feet with at least one public utility to the lot.
(b) Every special use permitted in the R1 District shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.
(4) Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(a) FRONT. A front yard equal to at least one-half (1/2) the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than thirty (30’) feet nor require more than sixty (60’) feet.
(b) SIDE. A side yard on each side of the zoning lot of not less than seven (7’) feet; except, where a side adjoins a street, the minimum width shall be increased to equal one half (1/2) the right-of-way of the adjoining street, with a minimum of thirty (30’) feet but not require more than sixty (60’) feet.
1. All lots located in the older portion of the Village, as indicated on the attached map, which has a width of seventy (70’) feet or less, shall have a side yard on each side of the zoning lot of not less than four (4’) feet except where a side adjoins a street, the minimum width shall be increased to equal one-half (1/2) of the right-of-way of the adjoining street, with a minimum of thirty (30’) feet but not requiring more than sixty (60’) feet.
2. All other lots which Section 21-35 does not apply shall have a side yard on each side of the zoning lot of not less than seven (7’) feet; except, where a side yard adjoins a street, the minimum width shall be increased to equal one-half (1/2) of the right-of-way of the adjoining street, with the minimum of thirty (30’) feet but not requiring more than sixty (60’) feet.
(c) REAR. A rear yard of not less than thirty (30’) feet.
(5) Height. In the R1 District, no building shall be erected or altered to a height in excess of thirty-five (35’) feet or two and one-half (2-1/2) stories.
Sec. 21-36. R2 TWO-FAMILY RESIDENTIAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered, in the R2 District, except for one or more of the following uses:
Two-family dwellings.
(2) Special Uses. Any special use as denoted in Section 21-39 may be allowed by special use permit in the R2 District in accordance with provisions of this chapter.
(3) Lot Size.
(a) The minimum lot size in the R2 District shall be fifteen thousand (15,000) square feet and have a minimum lot area of not less than seventy-five hundred (7,500) square feet for each dwelling unit and a minimum width at the established building set-back line of eighty-five (85’) feet.
(b) Every single-family dwelling hereafter erected or located in the R2 District shall have the same lot area requirements as found in R1 District.
(c) Every special use permitted in the R2 District shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.
(4) Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(a) FRONT. A front yard equal to at least one-half (1/2) the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than thirty (30’) feet nor require more than sixty (60’) feet.
(b) SIDE. A side yard on each side of the zoning lot of not less than seven (7’) feet except where a side yard adjoins a street, the minimum width shall be increased to equal one-half (1/2) the right-of-way of the adjoining street with a minimum of thirty-five (35’) feet, but not more than sixty (60’) feet.
1. All lots which Section 21-35 does not apply shall have a side yard on each side of the zoning lot of not less than seven (7’) feet; except, where a side yard adjoins a street, the minimum width shall be increased to equal one-half (1/2) the right-of-way of the adjoining street, with the minimum of thirty (30’) feet, but not requiring more than sixty (60’) feet.
(c) REAR. A rear yard of not less than thirty (30’) feet.
(5) Height. In the R2 District, no building shall be erected or altered to a height in excess of thirty-five (35’) or two and one-half (2.5) stories.
Sec. 21-37. R3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered, in the R3 District, except for one or more of the following uses:
Three-family structures or less
(2) Special Uses. Any special use as denoted in Section 21-39 may be allowed by special use permit in the R3 District in accordance with provisions of this chapter.
(3) Lot Size.
(a) The minimum lot size in the R3 District shall be fifteen thousand (15,000) square feet.
(b) Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot, which provides a minimum of five thousand (5,000) square feet of land area for each dwelling unit.
(c) Every special use permitted in the R3 District shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.
(4) Height. In the R3 District, no building shall be erected or altered to a height in excess of thirty-five (35’) feet or two and one-half (2-1/2) stories.
(5) Maximum site coverage. The maximum site coverage in the R3 District shall not exceed forty (40%) percent of the lot area.
Sec. 21-38. R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered, in the R4 District, except for one or more of the following uses:
Four-family structures or less
(2) Special Uses. Any special use as denoted in Section 21-39 may be allowed by special use permit in the R4 District in accordance with provisions of this chapter.
(3) Lot Size.
(a) The minimum lot size in the R4 District shall be fifteen thousand (15,000) square feet.
(b) Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot that provides a minimum of three thousand seven hundred fifty (3,750) square feet of land area for each dwelling unit.
(c) Every special use permitted in the R4 District shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.
(4) Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(a) FRONT. A front yard equal to at least one-half (1/2) the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than thirty (30’) feet nor require more than sixty (60’) feet. For buildings exceeding twenty-five (25’) feet in height, the minimum front yard determined above shall be increased one (1’) foot for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(b) SIDE. On every zoning lot, side yards shall be provided as follows:
1. Every principal permitted use, except multiple-family dwellings, shall have the same side yard requirements as found in R2 District.
2. Every multiple-family dwelling shall have a side yard on each side of not less than eight (8’) feet and a combined total of side yards of not less than sixteen (16’) feet when the multiple-family structure is not more than twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum side yard shall be increased by one (1’) foot for each four (4’) feet or fraction thereof by which the building exceeds twenty-five (25’) feet. On corner lots where the side yard adjoins a street, the minimum width shall be increased to equal one-half (1/2) the right-of-way of the adjoining street with a minimum of twenty-five (25’) feet, but in no case shall a yard of more than sixty (60’) feet be required.
(c) REAR. A rear yard of not less than thirty (30’) feet.
(5) Height. In the R4 District, no building shall be erected or altered to a height in excess of forty-five (45’) feet or three (3) stories.
(6) Maximum Site Coverage. The maximum site coverage in the R4 District shall not exceed fifty (50%) percent of the lot area.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
