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Decks and Patios

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In the Spring and Summer, many homeowners consider adding a porch or deck to their property. It’s also a time when building officials are asking themselves questions like "How does a deck effect the rear yard requirements?" "Would this proposed deck violate the side yard setback, or is it an exception to the setback requirements?" "Does a patio this small really require a building permit?" If your legislation does not effectively answer these questions, and others like it, take a look at the free sample legislation, below.

Hanover, Twp. NJ: Sec. 166-136
Southold, T. NY: Sec. 100-13
Cranford, Twp. NJ: Secs. 136-1, 136-34F
Smithtown, T. NY: Secs. 322-15, 322-58H
Rye Brook, V. NY: Sec. 250-37
Lake Success, V. NY: Sec. 105-191.1

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Hanover, Twp. NJ: Sec. 166-136

§ 166-136. Patios and decks.

Notwithstanding any other provisions of this chapter, a patio or deck is permitted to encroach into the required rear yard setback in any residential zone, provided that each of the following requirements is complied with for said patio or deck:

It must abut the principal dwelling structure.

It shall not have a roof.

It shall not be closer to the side property line than the distance required for the side yard setback of the principal dwelling structure.

It shall not be closer to the rear property line than twenty-five (25) feet.

Any vertical wall around the perimeter of said patio or deck shall not be more than ten percent (10%) solid.

The floor of the deck shall not be higher than the highest floor elevation level of the principal dwelling structure.

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Southold, T. NY: Sec. 100-13

§ 100-13. Definitions. [Amended 7-31-1973]

DECK -- Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. [Added 5-31-1994 by L.L. No. 10-1994]

PATIO -- A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A "patio" structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New step areas to patios, decks, porches, breezeways, etc., will require a building permit. Any other "patio" or similar structure constructed above natural grade also requires a building permit. [Added 5-31-1994 by L.L. No. 10-1994]

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Cranford, Twp. NJ: Secs. 136-1, 136-34F

§ 136-1. Purposes; definitions.

DECK -- A raised horizontal structure without roof or walls and more than one (1) foot in height at any point; also, an area having the characteristics of a patio but more than one (1) foot in height at any point. [Added 8-20-1996 by Ord. No. 96-2]

PATIO -- A horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, macadam, masonry, stone, brick, block or other such material. [Added 8-20-1996 by Ord. No. 96-2]

TERRACE -- A raised horizontal structure or area having the characteristics of a deck or patio but not more than one (1) foot in height. [Added 8-20-1996 by Ord. No. 96-2]

§ 136-34. Permitted accessory uses and structures.

[Amended 12-9-1980 by Ord. No. 80-44; 10-8-1985 by Ord. No. 8560] Accessory structures in all zones. Accessory structures may be erected only in accordance with the following regulations:

(1) No accessory structure shall be located in the front yard or the required side yard.
(2) Except where specifically required to be otherwise by this chapter, in the R-1 through R-5 Zones, accessory structures may be erected in the rear yard not closer than five (5) feet to the side lot line and three (3) feet to the rear lot line.
(3) Except where otherwise specifically permitted by this chapter, accessory structures in multifamily and nonresidential zones shall meet the setback requirements of the principal building.
(4) No portion of any accessory structure shall be used for living quarters for people.
(5) When an accessory structure is attached to the principal building, it shall be considered as a part of the principal building, and it shall comply in all respects with the requirements of this chapter applicable to the principal structure.
(6) Accessory structures shall be included in meeting the maximum impervious surface requirements in Schedule 1.11
(7) In the R-1 through R-5 Zones, accessory structures for one- and two-family residences shall be set back from any principal building not less than ten (10) feet. In the R-6, R-7 and R-8 Zones and in all nonresidential zones, the distance accessory structures shall be located from any principal structure shall be determined as part of site plan review.

Personal recreational facilities in residential zones.

(1) Said use shall be erected on the same lot as the principal structure not less than ten (10) feet therefrom and shall required a construction permit. [Amended 12-9-1980 by Ord. No. 80-44]
(2) Said use may be erected in the side and/or rear yard and shall be not less than fifteen (15) feet from any lot line.
(3) Said use shall be appropriately screened and fenced so as not to adversely affect adjoining properties.
(4) Lighting which extends the hours of operation, other than in-pool lights, shall be prohibited.
(5) In the case of swimming pools, all measurements shall be from the pool apron, and provision for drainage shall be approved as part of the construction permit

Parabolic satellite antennas in the residential zones. [Amended 10-885 by Ord. No. 85-60]

(1) In all residence zones, parabolic or satellite antennas shall be erected only after approval by the Development Review Committee and upon meeting the following conditions:

(a) The antenna shall be located and screened to minimize visibility from the street and adjacent properties.
(b) It shall be located in the rear yard only and shall meet the setback requirements for a principal structure.
(c) The overall height from the mean ground level to the highest point of the antenna shall not be more than fifteen (15) feet
(d) The surface area of the reflective dish shall not exceed a maximum diameter of twelve (12) feet
(e) The antenna shall be designed for use by the residents of the principal structure only.

(2) In considering such uses, the Development Review Committee may require additional buffering, screening or berming so as to accomplish the intent and objective of this section.
(3) No such antenna shall be permitted above the roofline of the principal structure.
(4) Only receiving parabolic or satellite dish antennas shall be permitted in residence zones.
(5) All restrictions as to location, screening and DRC review are waived if the parabolic satellite antenna is eighteen (18) inches or less in diameter. Parabolic antennas are banned from the front yard unless the front yard is the only practical location, as determined by the Board of Adjustment. [Added 8-20-1996 by Ord. No. 96-2]

Special accessory uses in the ORD-1 Zone. [Added 8-28-1990 by Ord. No. 90-37]

(1) The following special accessory uses are permitted in the ORD-1 Zone:

(a) Restaurant or cafeteria supplying meals only to employees and guests of the principal permitted uses on site.
(b) Automated banking facilities, excluding drive-in facilities.
(c) Day-care facilities for service to the employees of the principal permitted uses on site.
(d) Health clubs and physical fitness facilities for the use only by employees of the principal permitted uses on site.

(2) Special accessory uses are intended to complement the principal permitted uses provided on the site and shall be designed and provided for the use of only the employees, visitors and guests of the principal permitted uses on-site. All special accessory uses shall be planned as an integral part of the principal permitted development, with no external evidence of such use, and shall be subject to the following conditions:

(a) Special accessory uses shall not occupy more than ten percent (10%) of the gross floor of the total floor area of all principal structures developed on site.
(b) No exterior signage, except as part of the overall building identification directory, shall be permitted.

Exempt home occupations. [Added 8-20-1996 by Ord. No. 96-2]

(1) Requirements. Exempt home occupations shall be permitted as accessory uses in all residential zones and shall be exempt from approval by the Planning Board or Zoning Board of Adjustment if the following standards are satisfied:

(a) The practitioner shall be the owner or lessee of the residence in which the home occupation is located.
(b) The practitioner must live in the residence in which the home occupation is located.
(c) There shall be no external evidence of the home occupation.
(d) There shall be no nonresidential employees working on the premises.
(e) There shall be no retail or commercial sales conducted on the site.
(f) No clients, customers, sales or other outside personnel shall visit the site.
(g) No sign identifying the home occupation shall be permitted.
(h) No delivery other than associated with the residential use on site shall be permitted.
(i) The home occupation shall be clearly incidental and subordinate to the residential use of the premises. The maximum area devoted to the home occupation shall be limited to not more than twenty-five percent (25%) or four hundred (400) square feet, whichever is smaller, of the total area of the floor where located, including the basement but excluding space used for a private garage.
(j) The home occupation shall not involve the assembly, manufacture, repair, fabrication or processing of things, goods, materials or food.
(k) No equipment or processes shall be used in such home occupation which create noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio or television equipment from the property line.
(l) The home occupation shall not use chemicals or materials which must be registered with the State of New Jersey.
(m) No materials related to the home occupation shall be stored in the garage.

Decks in residential zones. [Added 8-20-1996 by Ord. No. 96-2]

(1) In all residence zones, decks shall be permitted to encroach into the minimum rear and side yard setback only in accordance with the following requirements:

(a) Decks no greater than four (4) feet in height shall be permitted to encroach into the minimum required rear yard a maximum of twenty-five percent (25%), but not closer than Subsection F(1)(b) below. Height shall be measured from the average grade to the floor of the deck.
(b) The minimum rear yard setback for any deck shall be twenty (20) feet.
(c) The minimum side yard setback for any deck shall be seven (7) feet, or the side yard setback otherwise allowed by the LDO, whichever is less.

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Smithtown, T. NY: Secs. 322-15, 322-58H

§ 322-15. Yards. [Amended 2-25-1939; 8-22-1989; 3-23-1993]

All required yards shall be kept open except for:

(1) Cornices, eaves and gutters projecting not more than 18 inches.
(2) Steps giving access to the first floor.
(3) Bay windows, chimneys and fireplaces not wider than six feet and projecting not more than 24 inches.
(4) Decks as specifically authorized in § 322-15B.
(5) Handicap ramps.

Except for the R-6 District, decks shall observe the following setbacks:

(1) Decks under six inches in height are permitted in any required yard but shall be set back at least three feet from all property lines.
(2) Decks six to 18 inches in height shall be permitted to encroach eight feet into the required front yard, provided that the deck shall meet the side yard requirements for principal buildings.
(3) Decks having a maximum height of six to 36 inches shall comply with the setback requirements for accessory structures.
(4) Decks over 36 inches in height shall comply with the setback requirements for principal buildings.
(5) Decks shall not be used in determining the FAR, but decks greater than six inches in height shall not exceed the actual building coverage.
(6) Railings, posts and/or walls shall not exceed four feet in height above the decks.

Through lots shall provide for the applicable required front yard on each street frontage.

For garage entrances facing into a side yard area, when attached or part of the main building in any residential zone, the minimum side yard on that side of the building shall be increased to 35 feet, the other minimum side yard shall be observed and the total for both side yards shall be increased pursuant to the above.

§ 322-58. Design specifications.

All townhouse and accessory structures within a development shall be of the same architectural style and shall use compatible exterior building materials and colors.

Adequate facilities for the storage of refuse shall be provided in appropriate, but inconspicuous, locations and shall be screened by landscaping, fencing or walls which are designed and constructed to harmonize with the architecture of the townhouse structure and the surrounding environment. The same applies to utility appurtenances.

Site elements such as mailboxes, fencing and lighting shall be of a architecturally compatible design and shall be used in a consistent fashion throughout the development.

Internal roadways shall be 24 feet in width, except at the entrance to the development. No on-street parking shall be permitted.

Where enclosed garages are used, the width of the paved area shall not exceed that of the garage entrance(s).

Each dwelling unit within a townhouse structure should be individualized by variations in building setbacks, roofline, and roof slopes.

Each dwelling unit within a townhouse structure shall have windows on at least two sides of the unit.

[Amended 7-23-1991] Decks shall conform to the following requirements:

(1) Except for railings less than three feet in height, decks shall not be enclosed by any sort of wall, roof, awning or canopy.
(2) No deck, patio or paving shall be permitted more than 10 feet from the rear of the dwelling unit. [Amended 6-9-1992]
(3) Decks greater than six inches above the approved grade shall be set back at least three feet from all lot lines.
(4) No deck shall be more than 18 inches above the approved grade.

The required front, side and rear yards for the entire site shall be adequately screened by vegetation to provide privacy for the residents of both the development itself and adjacent homeowners. Existing vegetation shall be maintained, as shall supplemental plantings required by the Planning Board or Board of Site Plan Review. In no case shall trees be cut down prior to the submission of plans to the Planning Board.

The exteriors of all sides of all buildings shall be covered with decorative architectural materials. Not more than two principal siding materials shall be permitted in any R-6 District. Architectural materials which are simulations of other materials shall not be permitted. [Added 9-25-1984]

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Rye Brook, V. NY: Sec. 250-37

§ 250-37. Lot area coverage. [Added 6-14-1994 by L.L. No. 7-1994]

Purpose. Coverage of lots with excessive structures can limit access to adequate light and air, increase quantities of drainage runoff and create adverse impacts, including but not limited to adverse impacts on neighborhood aesthetics, which affects the character of the community. The following lot area coverage restrictions are designed to limit adverse impacts and promote the health, safety and general welfare of the Village of Rye Brook.

Definitions. For the purposes of this section, the following definitions shall apply:

ACCESSORY BUILDING -- A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
DECK -- An unroofed, unenclosed structure attached to the main dwelling and which is constructed more than 18 inches above grade level.
LOT AREA COVERAGE -- The percentage of the total area of a lot which may be covered by a main building, accessory structure or deck.
MAIN BUILDING -- A building in which is conducted the main or principal use of the lot on which said building is situated.

Lot area coverage requirements. The following maximum lot area coverages shall apply and shall be complied with in the enumerated zoning districts for a main building, accessory building and deck. In no case shall the second floor area exceed the first floor square footage allowance as per the schedule set forth below.

Lot Area Coverage Standards

	Main Building	Accessory Building	Decks
Zoning District	Maximum Percent	Maximum Percent	Maximum Percent
R-2F	30	5	3.5
R-5	30	5	3.5
R-7	23	4.5	3.5
R-10	20	4.5	3.5
R-12	17	4	4
R-15	16	3.5	4
R-15A	12	3.5	4
R-20	14	3.5	4

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Lake Success, V. NY: Sec. 105-191.1

§ 105-191.1. Decks and patios. [Added 11-18-1986 by L.L. No. 3-1986]

A deck or patio shall be an area surfaced with materials such as but not limited to wood or masonry; without walls, roof or other appurtenance extending more than three feet above the surface of the deck or patio; and constructed outside of the exterior walls of the principal building, whether attached or unattached.

All decks or patios described above which shall have a height of greater than 18 inches above the finished grade of the principal building or the grade of the land as it existed on the effective date of this section, whichever is the lesser, or if the principal building is constructed after the effective date of this section, said patio or deck which has a height of 18 inches above the finished grade of the principal building or the grade as it existed on the date of the issuance of the certificate of occupancy, whichever is the lesser, shall comply with necessary building yard requirements for accessory buildings and with lot coverage and side and rear yard setback regulations as set forth in applicable provisions of the Zoning Code of the village. A deck or patio shall be constructed only at the rear and/or side of the building. However, it shall not be constructed at the side of the building that faces a street but may be constructed at the rear of a building that faces a street.

A deck constructed of wood shall be of natural wood or pressure-treated lumber which is rot-resistant and in conformance with the Building Code.

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