The regulations set forth in this
article qualify or supplement the district regulations appearing elsewhere
in this chapter.
A.
The height regulations as prescribed in
this chapter shall not apply to:
(1)
Belfries.
(2)
Chimneys.
(3)
Church spires.
(4)
Cooling towers.
(5)
Elevator bulkheads.
(6)
Fire towers.
(7)
Flag poles.
(8)
Grain elevators.
(9)
Public monuments.
(10)
Public and semipublic ornamental
towers and spires.
(11)
Radio and television broadcasting
antennas and towers.
(12)
Silos.
(13)
Smoke stacks.
(14)
Stage towers or scenery lofts.
(15)
Tanks.
(16)
Public water towers and standpipes.
(17)
Public windmills (wind turbines)
or public solar arrays.
B.
Public or semipublic buildings, hospitals,
institutions, or schools, when permitted in a district, may be erected
to a height not exceeding 60 feet, and churches and temples may be
erected to a height not exceeding 75 feet, when the required side
and rear yards are each increased by at least one foot for each one
foot of additional building above the height regulations for the district
in which the building is located.
A.
Yards, generally.
(1)
Every part of a required yard shall
be open to the sky, except as authorized by this article, and except
ordinary projections of sills, belt courses, window air-conditioning
units, chimneys, cornices, and ornamental features which may project
to a distance not to exceed 24 inches into a required yard, and at
a height not creating an obstruction along any public way, street,
or thoroughfare.
(2)
In the event that a lot is to be
occupied by a group of two or more related buildings to be used for
residential, institutional, hotel, or motel purposes, there may be
more than one main building on the lot when such buildings are arranged
around a court having a direct street access; provided, however, that
said court between buildings that are parallel or within 45° of
being parallel, shall have a minimum width of 20 feet for one-story
buildings, 40 feet for two-story buildings, and 50 feet for three-story
buildings, and, in no case may such buildings be closer to each other
than 15 feet; where a court having direct street access is more than
50% surrounded by a building, the minimum width of the court shall
be at least 30 feet for one-story buildings, 40 feet for two-story
buildings, 50 feet for three-story buildings, and 60 feet for buildings
four or more stories in height.
(3)
Ornamental walls, fences, or hedges not more than four feet in height may project into or enclose any required front or side yard to a depth from the street line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards, provided such fences and walls do not exceed a height of seven feet. Walls, fences or hedges shall not create an obstruction of vision for oncoming traffic along roads as specified in § 128-122 or create an obstruction or hinder access to stormwater management systems or other similar devices required to be maintained.
(4)
Permanently fixed, accessory, open,
and uncovered home barbecue grills may occupy a rear yard, provided
that the rear setback shall not be located closer than five feet to
the rear lot line and three feet to a side lot line.
(5)
Accessory buildings which are not
a part of the main building, although they may be connected by an
open breezeway, may be constructed in a rear yard, provided that such
accessory building does not occupy more than 30% of the area of the
required rear yard and provided that it is not located closer than
five feet to the rear lot line and not closer than three feet to a
side yard lot line.
(6)
Accessory swimming pools, open and
uncovered, may occupy a rear or side yard, provided they are not located
closer than six feet to a rear lot line or 10 feet to a side lot line.
(7)
A satellite antenna larger than 24
inches in diameter may be erected in a rear yard only as an accessory
use subject to the following restrictions:
(a)
May only be erected after construction
of principal structure and after obtaining a building permit. Satellite
antennae are encouraged to be located as close as reasonably possible
to the principal structure for screening and concealment from view.
(b)
Normally, only one antenna shall
be erected per principal building. Where more than one satellite antenna
is necessary, the Planning Commission shall require screening to the
maximum extent possible.
(c)
May be erected as a freestanding
structure mounted on the ground and thoroughly stabilized and tied
down in accordance with best building practices and conformance with
the latest code regulating installation.
[1]
A satellite antenna may be mounted
on the roof of a building if used for educational purposes relating
to a public or private school or a public service operation. Satellite
antennas shall be screened or located to minimize view from any public
way, street, or thoroughfare.
[2]
For purposes of this section, a private
school shall be a private educational facility which meets state accreditation
for education.
[3]
For purposes of this section, a public
service operation shall be determined by the Town but may include
such agencies as police, fire, governmental, and health services.
[4]
Must be constructed by a recognized
manufacturer in the trade and be professionally installed, meeting
all safety standards of the Federal Communications Commission and
be U.L. approved.
[5]
Shall be reasonably screened or located
to minimize view from the public thoroughfare and the ground level
of adjacent properties. All screening shall be maintained as originally
approved and, if not so maintained, any permit granted for the satellite
is subject to revocation.
[6]
Height, area, and bulk requirements
shall be:
[a]
Maximum height: 10 feet
from ground to highest point of installed antenna.
[b]
Maximum diameter: eight
feet.
[c]
Minimum rear setback:
distance equal to the height of the satellite (maximum 10 feet).
[d]
Minimum side setback:
distance equal to the height of the satellite or the required side
setback for the principal structure, whichever is greater.
(d)
Antennas less than 24 inches in diameter
may be mounted on the roof of a building of a noneducational or public
and semipublic services nature. Satellite antennas shall be screened
or located to minimize view from any public way, street, or thoroughfare.
(e)
Properties within the Historic District
require review and approval as to placement and screening of antenna.
B.
Front yards.
(1)
Where an official line has been established
for the future widening or opening of a street or major thoroughfare
upon which a lot abuts, then the depth of a front or side yard shall
be measured from such official line to the nearest line of the building.
(2)
On through lots, the required front
yard shall be provided on each street.
(3)
There shall be a front yard of 25
feet on the side street of a corner lot; provided, however, that the
buildable width of a lot of record shall not be so reduced so as to
render it unusable. The Director of Planning shall be guided by the
pattern of development in the vicinity of the lot in question in determining
which is the side street, and the appropriate setback for such lots
of record.
(4)
Where 25% or more of the street frontage,
or where 25% or more of the street frontage within 400 feet of the
property in question, is improved with buildings that have a front
yard (with a variation of six feet or less) that is greater or less
than the required front yard in the district, no building shall project
beyond the average front yard so established; provided, however, that
a depth of front yard of more than 50% in excess of the depth of the
required front yard in the district in which the lot is located shall
not be required. Where 40% or more of the street frontage is improved
with buildings that have no front yard, no front yard shall be required
for the remainder of the street frontage.
(5)
The Planning Commission may establish
a build-to line in existing residential neighborhoods where the majority
of existing residences are located close to the street. Where established,
the build-to line shall dictate the placement of a building or structure
from the street right-of-way line on which the building fronts. On
a corner lot, the build-to line applies to both sides of the lot which
have street frontage. The front porch shall be placed on the build-to
line. Variations of 25% of the distance from the street right-of-way
to the build-to line may be permitted to create variety in streetscape.
Whenever a building does not front on a right-of-way, the build-to
line shall be measured from the edge of the pavement of an accessway
in front of or on the side of the building.
C.
Side yards.
(1)
Where dwelling units are erected
above business structures in business districts, no side yards are
required except such side yards as may be required in the district
regulations for a business or industrial building.
(2)
For the purpose of the side yard
regulations, a group of business or industrial buildings separated
by common or party walls shall be considered as one building occupying
one lot.
(3)
The minimum depth of side yards for schools, libraries, churches, community houses, and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a business or industrial district, in which case the depth of that yard shall be as required in the chart of Article XIII for the district in which the building is located.
D.
Rear yards. Open or partially or semienclosed
fire escapes, outside stairways and balconies opening upon fire towers
and the ordinary projections of chimneys and flues may project into
the required rear yards for a distance of not more than five feet,
but only where the same are so placed as not to obstruct light and
ventilation.
E.
Authority to vary setbacks. For all infill
and redevelopment applications in the TR, MR, MI, RA, and SR Districts,
the Planning Commission may vary the front yard, side yard or rear
yard setbacks set forth in this chapter if it finds that:
(1)
The property owner complies with
the Town's Residential Infill and Redevelopment Guidelines. See Appendix
IV at the end of this chapter; and
(2)
The proposed setbacks do not affect
the privacy, sunlight or views of the adjacent property, nor restrain
the potential of the adjacent property for future development.
No sign, fence, wall hedge, planting,
or other obstruction to vision, extending to a height in excess of
three feet above the established street grade, shall be erected, planted,
or maintained within the area of a corner lot that is included between
the lines of the intersecting streets and a straight line connecting
them at points 20 feet distant from the intersection of the street
unless otherwise approved by Planning Commission or the Director of
Planning.
If the owner of a lot in any district
can show that the deed or instrument under which such owner acquired
title to such lot was of record prior to the application of any zoning
regulations and restrictions to the premises, and if such lot does
not conform to the requirements of such regulations and restrictions
as to width of lots and lot area per family, the provisions of such
lot area per family and lot width regulations and restrictions shall
not prevent the owner of such lot from erecting a single-family dwelling
or making other improvements on the lot, provided that such improvements
conform in all other respects to applicable zoning regulations and
restrictions.
A.
Conversion of any nonresidential building
existing at the time of passage of this chapter, so as to permit the
housing of any number of families, is permitted, provided there is
substantial compliance with the yard requirements for the district
and compliance with:
B.
Where the above conditions are not met
but there is compliance with the use regulations of the district,
the conversion may be permitted only if a variance is granted by the
Board of Appeals in accordance with the standards of this chapter.
A.
Fences, walls, and hedges.
(1)
Corner visibility: Any sign, fence,
wall, hedge, planting or other obstruction to vision located at a
corner of two streets shall be limited in height to three feet from
road grade.
(2)
Front yard: Any fence or wall located
in the front yard shall be limited in height to four feet from road
grade, except in I/MI Districts where a fence seven feet high from
road grade may be erected 20 feet from the front property line.
(3)
Side yard: Any fence or wall located
in the side yard shall be limited in height as follows:
(a)
For the first 30 feet from the front
property line, height shall not exceed four feet from grade, except
that in the RHC, I and MI Districts height shall not exceed four feet
from grade for the first 20 feet from the front property line.
(b)
For the balance of the side yard,
height shall not exceed seven feet from grade.
(5)
Chain link fencing is only allowed
in the Industrial District.