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My parent's next door neighbor has put up some "gazebo" type patio structure right next to the fence on the property line. I haven't seen the thing yet, but according to my mother they had to level the ground as it's a bit of an incline and it may just be a glass or plastic roof on four posts. It's in the neighbor's backyard but faces my parent's side yard.
She thought there had to be 10 feet between structures and the property line, but is that only for things like a shed that is enclosed or a building of some sort? Does it count for a patio type structure with no sides (that I'm aware of right now)?
Anyone here from Huntington who might know? Save me a phone call to town hall!!! Thanks in advance for any help.
I can't say for sure in your town but in the TONH the language that addresses that is "an accessory building" and it covers, doll houses, sheds, etc. While I am not 100% sure, I am pretty sure that the gazebo would be considered an accessory building. There are specific distances to accessory buildings from the setbacks in TNH, so I am sure there are in TOH. Check the building codes.
(2)
Construction or installation of detached structures associated with one or two family dwellings which are used for tool and storage sheds, playhouses or similar uses, but excluding arbors, gazebos, pergolas and other similar ornamental or decorative structures, provided:
(a)
The gross floor area does not exceed one hundred (100) square feet;
(b)
The maximum height does not exceed ten (10) feet from grade;
(c)
There are no more than two (2) such structures on the property at the same time and no more than one (1) of these structures is a shed.
(d)
The location of the structures shall be subject to the following:
[1]
On an interior lot, no accessory structure shall be located within the required or existing front yard setback, whichever is greater, or within two (2) feet of the side and rear yard property lines.
[2]
On a corner lot, no accessory structure shall be located within the required or existing setbacks for the front-yard and long street side yard, whichever is greater, or within two (2) feet of the interior-side yard and rear yard property lines.
[3]
On a through lot, no accessory structure shall be located within the required or existing front-yard setback, whichever is greater, the required rear-yard setback, or within two (2) feet of the side yard property lines.
You can google the Huntington town code. It is available on eCode.
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