The height limitations of this chapter, as shown on the Area and Bulk Schedule (§ 227-13), shall not apply to the following structures, subject to Subsections B and C of this section:
A.
Church spires, belfries, cupolas and domes not used
for human occupancy, chimneys, ventilators, skylights, water tanks,
bulkheads and other necessary mechanical appurtenances usually carried
above the roof level; parapet walls or cornices, provided that they
do not exceed the height limit by more than five feet; radio or television
receiving antennas, public utility transmission towers or cable or
windmills.
B.
No such uses shall, in their aggregate coverage, occupy
more than 10% of the roof area on which they are located or 5% of
the lot area, if freestanding.
C.
Any proposed structure exceeding 100 feet in height
shall be permitted only by special permit issued by the Planning Commission.
A.
Where a lot in a business district abuts a lot in
a residential district, there shall be provided along such abutting
side, on said business lot, a yard at least equal in width to that
required in the abutting residential district. In said yard a strip
12 feet wide immediately adjacent to said residential lot shall not
be used for storage of any material or goods, parking or roadway and
shall be suitably landscaped. Unless waived by the abutting residential
property owner, a solid fence or all-weather hedge of at least six
feet, but not more than eight feet in height, shall be provided along
the abutting side on said business lot. Such fence or hedge shall
begin at a point no more than five feet from the front and/or side
property line and shall extend the full length of the abutting lots.
B.
Where a lot in an industrial district abuts a lot
in a residential district, there shall be provided a yard of at least
50 feet in width in the industrial district. In said yard a strip
20 feet wide abutting the said residential district shall not be utilized
for roadways or parking or storage of any materials or goods and shall
be suitably landscaped. Unless waived by the abutting residential
property owner, a solid fence or all-weather hedge at least six feet,
but not more than eight feet in height, shall be provided on said
industrial lot for the full length of the abutting property line.
C.
Where the property on one side of a street is zoned
partly for residential use and partly for business or industrial use,
the front yard depth along such street shall be at least equal to
the required front yard depth of the residential district, and in
no case shall such yard be smaller than required for the district
in which the lot is located.
On a corner lot, each side which abuts a street
shall be deemed a front lot line, and the required depth along each
such lot line shall be that of the required front yard. The owner
shall decide which of the remaining yards shall be the required side
yard and the required rear yard.
[Added 11-26-1990 by L.L. No. 8-1990]
The required front yard shall be measured from
the abutting right-of-way or street line, except that, where such
right-of-way or street is less than 50 feet in width, the required
front yard shall be measured from a line 25 feet from and parallel
to the center line of the abutting street or right-of-way. In no case,
however, shall any front yard be required to be greater than the average
front yard of all structures on the same side of the street within
200 feet in either direction or within the same block front, whichever
distance is less.
On a corner lot in any residence district, no
obstruction to vision more than 2 1/2 feet in height above street
grade shall be erected, placed or maintained within the triangular
area formed by the intersecting street lines of such lot and a straight
line joining points along such street lines 50 feet distant from their
point of intersection.
Side yards for semidetached houses or row houses
shall be required at the ends of the total structure.
For any through lot, fronting on parallel or
abutting streets, both frontages shall comply with the front yard
requirements of the district in which it is located.
Where two or more principal residential buildings
are to be located on the same lot in an R-3 district, the exterior
walls containing windows shall be separated from the nearest point
on any adjacent building by a horizontal distance perpendicular to
the wall with windows equal to at least twice the width of the required
side yard for the particular district in which the buildings are located.
A.
An accessory building shall be permitted in any required
rear yard if the aggregate ground area covered, including the ground
area covered by any encroachments other than cornices and eaves, shall
not exceed 15% of the rear yard area in any residential district,
or 50% of the rear yard area in any business or industrial district.
B.
Accessory buildings not attached to principal buildings
shall be located no closer to the principal buildings than 12 feet
or a distance equal to the height of each accessory building, whichever
is greater. Accessory buildings physically attached to a principal
building are deemed to be part of such principal building in applying
bulk regulations.
The space in any required yard shall be open
and unobstructed except as follows:
A.
Windowsills, belt courses, bay windows, cornices,
eaves and other similar architectural features shall be permitted
to project no more than four feet.
B.
Awnings and canopies shall be permitted to project
a maximum of six feet.
C.
Open fire escapes shall be permitted to project a
maximum of six feet into required side yards or courts, but shall
not project into required front yards or required open areas and shall
not be placed on walls facing toward a street.
D.
Any open or enclosed porch or carport shall be considered
a part of the building in the determination of the size of the required
yard or lot coverage.
An outer court shall have a minimum width that
is:
Court walls containing windows shall not be
permitted to join with other such walls at interior angles of less
than 60°.
A.
For every dwelling unit on any lot in R-2 and R-3
Districts, there shall be provided at least 300 square feet of open
area with a minimum horizontal dimension of 15 feet.
A.
No required pedestrian or vehicular access or entrance
to a building, other structure or tract of land shall be required
from a street shown on the Comprehensive Master Plan as to be abandoned.
B.
A lot to be used for building purposes shall have
direct frontage on a public street.
C.
Unobstructed and direct accessways between a street
and a parking area shall be provided. There shall be a minimum of:
(1)
One accessway, at least eight feet wide, for parking
areas with five spaces or less.
(2)
One accessway, at least 10 feet wide, for parking
areas having six to 20 spaces.
(3)
Two accessways, at least 10 feet wide each, for parking
areas with over 20 spaces, unless waived by the Planning Board during
site plan approval upon a finding that two accessways are unnecessary
or impractical.
[Amended 11-26-2007 by L.L. No. 9-2007]
D.
Accessways, at least 10 feet in width, shall connect
all loading berths or areas to a street. Such accessways may be coincidental
with access roadways or driveways to parking areas.
Buildings containing both residential and nonresidential
uses are permitted in the R/O District, subject to the following requirements:
[Added 2-8-1988 by L.L. No. 2-1988; amended 10-10-2006 by L.L. No.
14-2006]
Row houses may be developed in the R-2, R-3
or R/O Districts on individual lots owned in fee simple or under condominium
ownership subject to the requirements set forth below.
A.
Location. Row houses may be located in the R-2 District
east of the Sandburg Creek and in the R-3 and R/O Districts.
B.
Parcel area. The area of the total parcel, prior to
subdivision, must meet the minimum area requirement established in
the Area and Bulk Schedule,[1] for the district in which it is located, except that,
in the R-2 District, the minimum site area shall be one acre.
[1]
Editor's Note: The Area and Bulk Schedule
is located at the end of this chapter.
C.
Density and lot size. The maximum number of lots permitted
on a parcel shall be determined by dividing the total parcel area
(square feet), less any land in a designated floodway or occupied
by a utility easement, by 3,000. No individual row house lot shall
be less than 16 feet wide, but no minimum lot area is required.
D.
Access. Access to individual lots may be provided
by private streets or common easements providing access to a public
street.
E.
Design standards. In its review of a site plan and/or
subdivision for row house development, the Planning Commission shall
require adherence to the following design standards to the maximum
extent practical:
(1)
Row houses shall be sited with the main (front)
entrance facing the adjacent public street or internal street on the
site.
(2)
The Planning Commission may approve a reduction
in the required front yard to 15 feet in order to create an urban
facade compatible with the adjacent neighborhood.
(3)
No more than two adjacent front facades may
have identical architectural features and details. The objective of
facade design shall be to create a group of related buildings with
compatible but not repetitive features that provide an attractive
streetscape.
(4)
Off-street parking shall be provided in internal
parking lots or individual garages with access from internal service
alleys. Individual garages with direct access from adjacent streets
shall not be permitted nor shall open parking lots located between
the front of a building and the adjacent street be permitted.
(5)
No more than six row houses shall be attached,
and no group of attached row houses shall exceed 120 feet in length.
A separation of at least 25 feet shall be provided between the ends
of attached row houses.
F.
Homeowners' association or maintenance agreement.
Prior to final approval, appropriate documents, subject to the approval
of the Village Attorney, shall be prepared and approved to ensure:
