[Amended 5-20-2014 by L.L. No. 4-2014]
The RN Residential Neighborhood District is established to provide
and maintain land area for neighborhoods of single-family dwellings
and to preserve the context of such neighborhoods.
The following uses are permitted:
The following uses may be allowed pursuant to a special permit
issued by the Planning Board:
All lots shall comply with the lot and bulk standards of this
article. Any lot existing at the time of adoption of this article
shall be considered legal as to lot size.
A.
Lot and bulk standards for the construction, expansion, or alteration
of homes and accessory structures are based on their neighborhood
context. To determine this context, the average lot dimensions of
nearby residentially developed properties have been used. In some
cases (such as side yard and building envelope), averages have been
established based on an analysis of existing conditions for parcels
throughout the district. The Town has utilized tax parcel data, published
aerial orthophotography and other mapping data to determine relevant
measurements. As necessary and appropriate, these data sources have
been supplemented with other data available to the Town, including,
but not limited to, subdivision plats, property surveys, etc. Unless
otherwise noted, all distances are rounded to the nearest foot.
B.
For the convenience of property owners, the Town has established
and maintains a database for the district that is on file with the
Planning Department and available online. For each parcel in the district,
the database contains most of the dimensional requirements outlined
in this article, based on precalculated averages derived from existing
data as described above. In cases where a property owner has an official
survey stamped by a licensed surveyor which indicates a different
existing lot width or lot size measurement from what the Town has
determined in the database, the survey measurement shall be used as
the basis for other dimensional requirements that are derived from
lot width or lot size.
A.
Front yard: The front yard is the area from the public right-of-way
to the building line. Structures and additions are prohibited in the
front yard, except as permitted within the facade area.
B.
Building line: The minimum front yard depth for each lot within the district has been determined by the Town, based on the average front yard depth of nearby properties on the street. That average distance from the right-of-way determines the location of the building line. The Town maintains a database that includes the location of the building line for each lot, expressed as the distance from the public right-of-way to the closest structural wall of each primary structure, not including cornices, unroofed and unwalled terraces, entrance steps, chimneys or cantilevers that extend two feet or less from the structural wall. In some cases when primary structures are facing a private street, the average front yard depth has been measured and the building line located based on distance from the edge of pavement. In the case of some flag lots, and as provided in § 185-17L, where the relationship to a street is ambiguous, the building line has been located across the front facade of the existing house.
(1)
Structures and additions are not permitted to extend past the building line, except as permitted in a facade area, as provided in Subsection D of this section. Existing structures which already extend past the building line are permitted minor facade additions, provided that such additions are contained wholly within the facade area.
(2)
For construction of new primary structures, the building line shall
serve as an approximate "build-to" line, and the front facade of the
primary structure shall be located within 10 feet of the building
line. However, upon proper application, the Design Review and Historic
Preservation Board may permit a deeper front yard if appropriate within
the context of the neighborhood.
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Figure 1. Area and Bulk Elements
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C.
Lot width: the width of the lot, measured at the building line.
D.
Facade area: Minor facade additions, such as unenclosed porches,
unenclosed entry vestibules, entry canopies and bay windows, are permitted
to extend forward of the building line into the facade area. The depth
of the facade area shall be the greater of either six feet or 10%
of the front yard depth, as illustrated in Figure 2. The maximum depth
of the facade area shall not exceed eight feet.
(1)
For example, if the building line is 40 feet from the right-of-way,
the allowed depth of the facade area would be 10% of that 40 feet
(four feet) or six feet, whichever is greater. In this case, the six-foot
distance is greater, so the facade area would be six feet in depth,
measured from the building line toward the property line (right-of-way).
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Figure 2. Facade Area
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E.
Side yard: The minimum side yard for a lot is based on the width of the lot, as specified in Table I. The only permitted structures within the side yard area are permitted accessory structures pursuant to § 185-113.
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Table I. Minimum Total Required Side Yards
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|---|---|---|
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Lot Width
(feet)
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Minimum One Side
(feet)
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Minimum Both Sides Total
(feet)
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Less than 60
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5
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15
|
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60 to 90
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10
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20
|
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91 to 120
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10
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25
|
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121 to 140
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10
|
30
|
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141 to 160
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15
|
40
|
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161 to 180
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15
|
60
|
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181 to 225
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20
|
90
|
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Greater than 225
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20
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120
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F.
Buildable area: The buildable area on a lot is where the primary
and any accessory structure may be built. The buildable area does
not include the front yard, side yard or rear buffer.
G.
Maximum building footprint: The building footprint includes all roofed
structures that are attached to the primary structure. The maximum
building footprint permitted is based on the size of the lot, as specified
in Table II.
(1)
Example: According to Table II, the lot referred to in Subsection
F(5) of this section[1] would be permitted to have a maximum building footprint
equivalent to 3,675 square feet plus 5% of the lot area over 17,500
square feet (5% of 500 square feet equals 25 square feet). Therefore,
the maximum building footprint would be 3,700 square feet.
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Table II. Building Footprint
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|---|---|
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Lot Size
(square feet)
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Maximum Building Footprint
(square feet plus percentage of lot size)
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Less than 10,000
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29%
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10,000 to 12,500
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2,900 + 19% of area over 10,000
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12,501 to 15,000
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3,375 + 9% of area over 12,500
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15,001 to 17,500
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3,600 + 3% of area over 15,000
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17,501 to 20,000
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3,675 + 5% of area over 17,500
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20,001 to 25,000
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3,800 + 9% of area over 20,000
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25,001 to 30,000
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4,250 + 5% of area over 25,000
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30,001 to 35,000
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4,500 + 1% of area over 30,000
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35,001 to 45,000
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4,550 + 4% of area over 35,000
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Greater than 45,000
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4,950 + 2% of area over 35,000
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[1]
Editor's Note: Former Subsection F(5) referred to a lot of
18,000 square feet, upon which size the calculations in this example
are based.
H.
Maximum lot coverage: The maximum lot coverage shall not exceed 40%
of the total area of the property. Lot coverage includes all improved
surfaces, buildings, driveways, porches, decks, patios, pools and
other similar lot improvements.
I.
Rear buffer: A rear buffer shall be applied to all lots extending 20 feet from the rear property line, for the width of the property. Primary or accessory structures are not permitted within this area, except fences and garden sheds in accordance with § 185-113.
J.
Rear yard: The rear yard is the portion of the buildable area located
behind the rear wall of the primary structure, in between the side
yards and forward of the rear buffer.
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Figure 3. Rear Yard and Rear Buffer Areas
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K.
Corner lots: Corner lots are lots that front on more than one road
right-of-way and shall include curved lots that function as a corner
lot. Corner lots shall contain a front yard abutting each road right-of-way.
The Town has determined a building line for each front yard in existing
corner lots. The front yard toward which the front entry door faces
shall be considered the primary front yard for establishing all other
dimensional requirements described in this section (facade area, lot
width, etc.). The yard behind the house, from the front entry door
perspective, shall be considered the rear yard, while the remaining
yard shall be considered the only side yard. (See Figure 4.)
(1)
In cases where a corner lot abuts three streets, each yard abutting
a road right-of-way shall be considered a front yard and the remaining
yard shall be considered the rear yard.
(2)
Notwithstanding the provisions of § 185-17E of this article, the side yard of a corner lot shall, in all cases, be 20 feet in width.
(3)
A new primary structure on a corner lot shall be oriented to face
the more primary road, unless, upon proper application, it is otherwise
determined by the Design Review and Historic Preservation Board that
this does not meet the intent of this section or is otherwise out
of character with the neighborhood. In cases where there is no clear
distinction which street is the more primary road, the property owner
may elect which direction the house will face.
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Figure 4. Corner Lots
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L.
Flag lots: A flag lot is a lot with access that is provided to the
bulk of the lot by means of a narrow corridor. Flag lots that front
on or are immediately at the end of a private road or common driveway
shall have the same requirements as regular lots. Flag lots which
do not front on or are immediately at the end of a private road or
common driveway shall be subject to the following modifications and/or
additional requirements:
(1)
Flag lots (developed): Lot and bulk requirements for preexisting
flag lots which already have a primary residential structure present
are illustrated in Figure 5 and shall be as follows:
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Figure 5. Flag Lots (Developed)
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(a)
The building line ("A" in Figure 5) shall be determined as a
line running parallel with the front facade of the existing house
along its frontmost face. Upon proper application, the Design Review
and Historic Preservation Board shall make a determination as to the
location of the building line, if it is not readily apparent due to
the unusual shape or orientation of the house.
(b)
The depth of the facade area shall, in all flag lots, be eight
feet ("B" in Figure 5).
(c)
In cases where the existing primary structure is closer than
60 feet from an adjoining lot line, the buildable area may maintain
that same distance along that property line segment only. In these
cases, the edge of the buildable area shall run parallel to that segment
of the property line, extending no closer to the property line than
the existing house ("E" in Figure 5). Distances measured from detached
garages, sheds or similar accessory buildings shall not be counted
toward this provision. Distances measured from additions that are
granted an area variance from the Zoning Board of Appeals after the
adoption of this article shall also not be counted toward this provision.
(d)
All accessory structures, with the exception of fences and garden
sheds, shall be located within the rear yard ("C" in Figure 5).
(2)
Flag lots (undeveloped). The lot and bulk requirements for preexisting
and approved flag lots which do not already have any residential structures
present shall be as follows:
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Figure 6. Flag Lots (Undeveloped)
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(a)
The front yard, side yards and rear buffer shall all have a
depth of 60 feet (Figure 6).
(b)
Upon proper application, the Design Review and Historic Preservation
Board shall determine and set the building line.
(c)
The depth of the facade area shall be eight feet.
(d)
All accessory structures, with the exception of fences and garden
sheds, shall be located within the rear yard.
M.
Building height: The maximum permitted height for structures or additions
is 30 feet, except that chimneys attached to such structures may extend
five feet above the highest point of the structure. However, upon
proper application, the Design Review and Historic Preservation Board
may permit additional height, provided that it finds that such height
is appropriate within the context of the neighborhood, to a maximum
of 40 feet. Further, no portion of the structure shall be taller than
twice its distance from the nearest side property line, up to the
maximum permitted height (Figure 7).
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Figure 7. Building Height
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A.
Determining context. The subdivision potential of a lot without the
creation of a new public or private road shall be determined based
on its context to its adjacent lots, which shall be chosen as follows:
(1)
The adjacent lots must be on the same side of the street as the subject
lot, with lot frontage on the same public or private road.
(2)
The adjacent lots must be residential lands. Other land use types,
such as recreational, institutional, commercial or public lands (schools,
golf courses, ball fields, parks, playgrounds or utilities), shall
not be counted as adjacent lots.
(3)
The adjacent lots must be immediately next to and contiguous to the
subject lot and to each other.
(a)
The two adjacent lots on either side of the subject parcel should
be used whenever possible ("Lot A" in Figure 8). If it is not possible
to use two lots on either side, then the closest similar combination
should be used, such as one to the left and three to the right ("Lot
B" in Figure 8), or all four to the same side if necessary ("Lot C"
in Figure 8).
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Figure 8. Determining Adjacent Lots
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(b)
If it is not possible to find four adjacent lots which are contiguous
with the subject lot and to each other, then three lots may be used
("Lot D" in Figure 8).
(c)
Adjacent and contiguous lots do not include those on the other
side of a street.
(d)
In cases where it is not possible to find three adjacent lots
for consideration, upon proper application, the Planning Board shall
determine which surrounding lots are to be considered adjacent lots,
including lots further removed or on the opposite side of the public
or private road.
(e)
On lots which are on or adjacent to corners, the orientation
of the proposed primary structure shall dictate which lots shall be
counted as the adjacent lots. In the example on the left in Figure
9, the proposed primary structure is oriented toward the primary road,
so that the four lots along the primary road would be considered the
adjacent lots, because they are oriented in the same direction. In
the example on the right, the four lots on the secondary road would
be considered the adjacent lots, while the lot on the corner would
not be considered an adjacent lot since its primary structure is oriented
toward a different street.
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Figure 9. Determining Adjacent Lots by Orientation
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B.
Lot requirements. The lot requirements for a subdivision that does
not include the creation of a new public or private road shall be
calculated based on the average dimensions of the adjacent lots and
shall be determined as follows:
(1)
Average lot area. The average lot area is the average of the adjacent
lots. If this average exceeds two acres, then two acres shall be used
as the minimum lot size of the newly created lot(s).
(2)
Average lot width. The average lot width is the average of the adjacent
lots. If this average exceeds 100 feet, then 100 feet shall be used
as the minimum lot width for the newly created lot(s).
(3)
Average lot depth. The average lot depth is the average of the adjacent
lots. The depth shall be measured from the midpoint of the front property
line to the furthest part of the rear property line. If this average
exceeds 200 feet, then 200 feet shall be used as the minimum lot depth
for the newly created lot(s).
(4)
Example calculation. In the example below, the average lot area of
the four adjacent lots is 1.40 acres. The subject lot may use this
average lot area or a default lot area of two acres, whichever is
lower, as the minimum lot area for any new lots. (In this example,
1.4 acres is the minimum lot area.) The average lot width of the four
adjacent lots is 205 feet. The subject lot may use this average lot
width of 205 feet or a default lot width of 100 feet, whichever is
lower, as the minimum lot width for any new lots. (In this example,
the default lot width of 100 feet is the minimum lot width.) This
calculation is repeated for lot depth to determine the final minimum
dimensional requirement for any new lots created from the subject
lot.
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Example A. Context-Based Subdivision: Example Calculation
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|---|---|---|---|---|---|---|---|
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Adjacent Lots
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May Use Smaller Dimension of Average or Default
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Minimum Required for New Lots
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Context Criteria
|
1
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2
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3
|
4
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Average
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Default
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|
Lot area
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0.98
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1.16
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1.65
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1.84
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1.40 acres
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2.0 acres
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1.4 acres
|
|
Lot width
|
175
|
215
|
240
|
190
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205 feet
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100 feet
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100 feet
|
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Lot depth
|
285
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350
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315
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256
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301 feet
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200 feet
|
200 feet
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C.
Reduction for unbuildable land. In determining the lot area of the
subject lot and of the adjacent lots, the site capacity calculation
worksheet referred to in the Town's Subdivision Regulations shall
be used to calculate the buildable area.
D.
Building line. As part of the subdivision process, the Planning Board
shall determine the building line for each new lot, based on the context
of the adjacent lots.
A.
Subdivision context and lot requirements. New subdivision lots that
include the creation of a new public or private road should be arranged
in a fashion which is in keeping with the surrounding neighborhood
context and in a manner that respects abutting lots in terms of lot
area width and depth, as well as yard orientation and street orientation.
In general, the subdivision layout shall achieve the following design
principles to the extent practical:
(1)
As part of the subdivision approval process, the Planning Board shall
determine the appropriate number of allowable lots, as well as the
building line, lot area, lot width and lot depth for each new lot,
based on the context of the new lots to adjacent existing lots and
to one another.
(2)
Rear yards of new lots should face the rear yards of existing adjacent
lots.
(3)
Front yards of new lots should not face into the rear or side yards
of existing adjacent lots unless there is a significant distance,
as determined by the Planning Board, between the front of the new
home and the rear or side yard of the adjacent lot.
(4)
Front yards of new lots should not face into the rear or side yards
of new lots unless there is a significant distance, as determined
by the Planning Board, between the front of the new primary structure
and the rear or side yard of the other new lots.
(5)
A vegetated buffer may also be required by the Planning Board to
create appropriate screening.
(6)
Front yards should face the front yards of lots across the street,
and side yards should face into the side yards of adjacent lots.
(7)
The examples in Figure 10 illustrate and describe how the subdivision
context and lot requirements in this subsection can be used to evaluate
proposed subdivision layouts. In these examples the proposed layouts
are not acceptable.
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Figure 10. Sample Subdivision Layouts (Unacceptable)
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|---|---|---|
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 | |
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Poor - This proposed layout creates awkward relationships
where front yards are facing side or rear yards of adjacent properties.
Removing one of the proposed lots could allow for a redesign that
would provide adequate separation and make this type of layout more
acceptable.
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Poor - This proposed layout does a better job of
having the rear yards of proposed new lots face the rear yards of
existing properties to the right; however, it creates a street directly
abutting the rear yards of the existing properties to the left.
| |
(8)
The examples in Figure 11 illustrate and describe how the subdivision
context and lot requirements in this subsection can be used to evaluate
proposed subdivision layouts. In these examples the proposed layouts
are acceptable.
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Figure 11. Sample Subdivision Layouts (Acceptable)
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|---|---|---|
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Better - This proposed layout keeps rear yards
facing rear yards and also provides a vegetated buffer along the new
road to shield it from the rear yards of the existing properties to
the left.
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Preferred - This proposed layout keeps the rear
yards of proposed lots facing the rear yards of existing properties
to the left and the right. It also creates a front-yard-to-front-yard
relationship across the street for the new homes in the subdivision.
| |
Proposals to merge two or more lots, or lot line adjustments
resulting in a net increase of 10,000 square feet or more to one lot,
shall be reviewed by the Planning Board as if it were a subdivision.
As part of its review, the Planning Board shall consider the potential
impact of the proposed consolidation on neighborhood context and,
in particular, the potential size of a primary structure on the larger
lot in relation to existing primary structures in the neighborhood.
Based on its review, the Planning Board may approve the consolidation
or lot line adjustment, grant approval with specific conditions limiting
the potential size of primary structures on the modified lots, or
disapprove the application.
