[1]
Editor's Note: Former § 220-32,
Building areas, repealed 7-12-1989 by Ord. No. 6-14-89C.
A.
No building shall be erected and no building shall
be reconstructed or altered so as to project in any way beyond the
average setback line observed by the buildings on the same side of
the street within the block at the time of the passage of this chapter.
B.
Excepting for D Industrial Zones and E Research and
Development Industrial Zones, where there are existing buildings at
the time of the passage of this chapter on only one side of the street
within the block, then the setback line of the vacant side shall be
the same as the average setback line of the improved side of the street
within the block. This rule shall, however, in no case be applied
so as to keep the street wall, walls or covered porches or buildings
farther from the street line than the distance as given in the schedule
below. Where there is no existing building on either side of the street
within the block, no new building shall be erected with its foundation
wall, walls or covered porches nearer to the street line than the
distance given in the schedule below:
[Amended 7-12-1989 by Ord. No. 6-14-89C]
|
Zone
|
Distance from
Street Line
(feet)
| ||
|---|---|---|---|
|
A-A-A
|
Residence
|
40
| |
|
A-A
|
Residence
|
25
| |
|
A A-1
|
Residence
|
25
| |
|
A
|
Residence
|
25
| |
|
B
|
Residence
|
15
| |
|
C
|
Business
|
No front yards required
| |
|
NC
|
Neighborhood Business Zone
|
No front yards required
| |
C.
Required front yards for industrial zones or distances
shall be as follows:
[Amended 7-12-1989 by Ord. No. 6-14-89C[1]]
|
Zone
|
Distance from
Street Line
(feet)
| ||
|---|---|---|---|
|
D
|
Industrial
|
50
| |
|
E
|
Research and Development Industrial
|
50
| |
D.
In the A A-1 Residential Zone and A-A-A Residential
Zone where a lot is bounded by more than one street, the setback from
each street shall be the same as the required front yard on each street.[2]
[2]
Editor's Note: Original §§ 220-34,
Rear yards; 220-35, Side yards, 220-37, Height and number of stories,
220-38, Lot area, lot depth and lot width, were repealed 7-12-1989
by Ord. No. 6-14-89C.
The least dimensions of any inner court at its
lowest level shall not be less than four feet. The minimum area of
an inner court shall not be less than twice the square of its required
least dimensions.
No existing building shall be altered, enlarged
or rebuilt except in conformity with the regulations herein prescribed.
Unless otherwise expressly provided, the terms "rear yard," "front
yard," "side yard," "inner court" and "outer court" when used in this
chapter shall be deemed to refer only to a rear yard, front yard,
side yard, inner court or outer court as required by this chapter.
No lot on which a building is or shall be erected shall be reduced
or diminished so that the yards, courts or other open spaces shall
be smaller than as prescribed by this chapter.
Every room in which persons live, sleep, work
or congregate shall have at least one window or ventilating skylight
opening directly either upon a street or upon a rear yard, front yard,
inner court or outer court located upon the same lot and conforming
to the requirements prescribed by this chapter as to the minimum area
and least dimensions. The windows or skylights opening upon such required
street, rear yard, front yard, inner or outer court shall have a minimum
area in each room equal to at least 1/8 of the floor area of such
room. Courts, yards or other open spaces, if provided in addition
to those provided by these regulations, need not be of the area and
dimensions herein prescribed. No court, yard or other open space provided
about any building for the purpose of complying with the provisions
of this chapter shall again be used as a yard, court or other open
space for any other buildings.
Dwellings in business zones shall be erected
in conformity with the requirements of the B Residence Zone; where
the first story is devoted entirely to nonresidential use, no side
yard shall be required on the first story and the building area, rear
yard and court requirements may begin at the second-story sill level
or 15 feet above the curb.
No building to be used as a dwelling shall be
constructed or altered in the rear of a building situated on the same
lot. Nothing contained herein, however, shall be construed to prohibit
the construction of more than one building on a lot as garden apartments
if the construction of the said garden apartments otherwise complies
with the requirements of this chapter.
An interior lot running through the block from
street to street or to within 55 feet of its rear shall be required
to provide a rear yard when improved with a single building.
Accessory buildings may occupy 40% of the required
rear yard to an average height of 15 feet above the ground level in
a residence zone. The yard area occupied by such accessory building
shall, however, be included in computing the maximum percentage of
the lot area which may be built upon in any given case.
The area required in a court or yard at any
given level shall be open from such level to the sky, unobstructed
except for the ordinary projections of skylight and parapets above
the bottom of such courts or yards, and except for the ordinary projections
of windowsills, belt courses, cornices and other ornamental features
to the extent of not more than 12 inches.
A.
The height provisions of this chapter shall not apply
to the erection of church spires, belfries and towers designed exclusively
for ornamental purposes, flagstaffs, chimneys, flues, gas holders,
electric generating plants, wireless towers, water tanks, standpipes,
penthouses, bulkheads, stage towers or scenery lofts.
B.
The height provision of this chapter shall not prevent
the erection of a school, church, public library, public museum or
a central telephone exchange to a height not exceeding 40 feet in
a residence zone.
C.
Nothing in this chapter shall prevent the erection
above the height limit of a parapet wall or cornice extending such
height limit not more than three feet.
Any plot existing as a separate parcel and not
complying with minimum area or width of lot requirement in the schedule
at the time of the passage of this chapter may, notwithstanding such
fact, upon approval by the Planning Board, be improved with a building
in accordance with the other regulations of its residence zone, provided
the owner owns no adjacent land which may, without undue hardship
to him, be included as a part of the plot in question.
A.
In conjunction with any principal building hereafter
erected or any use of land hereafter established, there shall be provided
on the same lot therewith sufficient vehicular parking spaces, accessible
from a public street, to meet the following minimum requirements:
(1)
Dwelling: 1 1/2 spaces per dwelling unit.
(2)
Accessory use: one space per dwelling unit plus three
spaces for each 200 square feet of floor area so used or any fraction
thereof.
(3)
Places of public assembly for either amusement, recreation,
worship, education or fraternization: one space for each five persons
based on capacity attendance.
(4)
Business, commercial and personal service establishment,
retail stores: one space for each 100 square feet of floor space.
(5)
Office uses except medical and dental offices: one
space for each 250 square feet of floor space.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(6)
For medical and dental offices: six spaces per professional
practitioner.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(7)
Senior citizen housing off-street parking shall be
provided at the minimum rate of one parking space for each two dwelling
units. However, based upon a demonstration of proof, the Planning
Board may approve off-street parking at the rate of one space for
every three dwelling units as long as there is indicated on an approved
plan an area designated for future parking and not diminishing nor
violating any other height area requirement.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(8)
Congregate housing, college, hospital, clinic, health
care facility, nursing home and related institutions: Off-street parking
shall be determined by the Planning Board based upon a showing of
justification by the applicant that the amount of parking provided
is sufficient for the intended use.
[Added 6-14-1989 by Ord. No. 6-14-89C]
B.
The foregoing requirements shall not apply where the
use of an existing building is being changed to one which would not
require a greater amount of off-street parking, or where such building
and use are not enlarged by more than 10%, or where an existing building
and use are replaced by a new building not over 10% larger and a new
use not requiring a greater amount of off-street parking.
[Added 7-12-1989 by Ord. No. 6-14-89C[1]]
[1]
Editor's Note: This ordinance also redesignated
former Subsection L(2) as Subsection L(3).
C.
In industrial zones, off-street parking requirements shall be in accordance with the provisions and requirements of § 405-14C(9) and (11).[2][3]
A.
No permit shall be issued for the erection of a garage
or a group of garages for more than five motor vehicles or for a motor
vehicle service station or gas filling station, or for the conversion
of any premises not so used to be used for such purposes in any business
or industrial zone, if any part of the lot or plot in question is
situated within a distance of 200 feet of any of the following:
(1)
A public school or a duly organized school other than
a public school conducted for children under 16 years of age, giving
regular instruction at least five days a week for eight or more months
a year.
(2)
A hospital maintained as a charitable institution
or a private hospital maintaining at least 15 beds for patients.
(3)
A church.
(4)
A theater.
(5)
A public library.
B.
No gasoline filling appliance shall be located within
15 feet of a street line or within 20 feet of an adjacent property
line.
C.
No existing garage for more than five motor vehicles
or group of garages for more than five motor vehicles or a motor vehicle
service station or gas filling station shall be deemed to become a
nonconforming use through the subsequent erection of such a school,
church, hospital, theater or library as defined above within the aforesaid
prescribed area.
A.
Location in relationship to streets.
(1)
Accessory buildings in residence zones shall conform
to the following regulations as to their location upon the lots:
(a)
In the case of an interior lot fronting on only
one street, no accessory building shall be erected or altered so as
to encroach upon that half of the lot depth nearest the street.
(b)
In the case of an interior lot fronting upon
two or more streets, no accessory building shall be erected or altered
so as to encroach upon that fourth of the lot depth nearest each and
every street.
(c)
In the case of a corner lot fronting on two
streets, no accessory building shall be erected or altered so as to
encroach upon the area between such respective streets and a line
drawn parallel to such streets in a manner to divide the lot into
two equal areas in respect to each street.
(d)
In the case of a corner lot fronting upon three
or more streets, no accessory building shall be erected or altered
so as to encroach upon that fourth of the lot depth nearest each and
every street.
(2)
Notwithstanding any requirement in this section, the
foregoing rules shall not prohibit an accessory building 75 feet or
more from any street bounding the block.
B.
Location in relationship to adjacent lots. No accessory
building shall be located within three feet of its rear or side lot
line when such line forms part of the front half of the side line
of an adjacent interior lot or the front quarter of an adjacent through
lot whether the latter be an interior or a corner lot.
C.
Waiver of limitations. The limitations imposed by
this article upon the location of an accessory building shall be waived
when the accessory building is incorporated as an integral part of
or enclosed by one or more of the same enclosing walls as the building
to which it is an accessory
