Denise Schoen /
Land Use & Zoning

The definition section of the Code, often ignored, has been modified and the way words are defined can make a substantial difference in how the law is applied. For example, when one or more private garages are attached to a principal structure, the total square footage above 600 square feet is now counted toward the maximum allowable gross floor area of the home. In addition, basements may no longer extend beyond the exterior wall of your home, except for 300 square feet for egress, and may not be greater than 15 feet in vertical distance.

The code now requires railings of at least 42 inches in height for any decking which is 10 feet or more above the elevation that is directly beneath the deck. And, the Code no longer excludes such railings from the definition of “height of [a] structure” no matter what material is used for such railings, including glass. This effectively means that individuals with flat-roofed structures that are the maximum allowable height of 25 feet may no longer have roof decks. The railings would result in a violation of the height restriction.

The definition of “gross floor area” for accessory structures must be combined if such structures are less than 10 feet apart. In addition, any open-air appendages like porches or roofed patios attached thereto are now included in the gross floor area calculation for such accessory structures. Keep in mind that accessory structures may not be greater than 600 square feet, except for pool houses.

For pool houses the maximum size is 200 square feet and open-air appendages on a pool house may not exceed 400 square feet. Also, there is only one pool house permitted on each lot. No cooking facilities may be inside these structures except that barbecues are permitted within the the open-air appendages only.

1. A complete application has been submitted to the Building Department needing no other approvals.
2. You have a valid building permit.
3. A complete application has been submitted to the ZBA, Planning Board, or ARB.
4. You have approval from the ZBA, Planning Board, or ARB.

Please call us at 631.537.1155 with any questions about the new law, or if we can help one of your clients navigate this ever-changing zoning world.

*NOTE: Nothing contained herein shall be construed as legal advice and in no way should be relied upon without the advice of an attorney.