A.
Measurement of yard and shoreline setback depths;
modifications.
(1)
Yard depths.
(a)
Front yard depth. Every front yard depth required
by this chapter shall be measured as the shortest distance between
any point on the front lot line and any point on a building, structure
or use, subject to such yard requirements.
(b)
Rear yard depth. Every rear yard depth required
by this chapter shall be measured as the shortest distance between
any point on the rear lot line, as defined herein, and any point on
the building, structure or use subject to such yard requirement.
(c)
Side yard depth. Every side yard depth required
by this chapter shall be measured as the shortest distance between
any point on the side lot line, as defined herein, and any point on
the building, structure or use subject to such yard requirement.
(2)
Shoreline setback depth. Every shoreline setback depth required by this chapter shall be measured as the shortest distance between any point on the shoreline, as defined herein, and any point on a building, structure or use subject to such shoreline setback requirement. See also § 155-50II of this chapter.
(3)
Yard depth modifications.
(a)
The following architectural features may project
into any required front, side or rear yard or shoreline setback as
follows:
[1]
Cornices, eave or other architectural features,
not a wall, may project a distance not more than two feet.
[2]
Fire escapes may project a distance not more
than six feet.
[3]
Open unenclosed platforms, patios or decks may
extend or project beyond the required minimum front, side and rear
setbacks, provided that:
[Amended 6-13-2000 by Ord. No. 285]
[4]
Bay windows, balconies and chimneys may project
a distance not more than three feet, provided that such features do
not occupy, in the aggregate, more than 1/3 of the length of the wall
on which they are located.
[5]
Handicap access ramps.
(b)
The above-named features may not project into
any required side yard a distance greater than 1/5 of the width of
such required side yard.
B.
Front yards on corner and through lots.
(1)
In any district where a lot abuts more than one public
road or private road, such as in the cases of corner or through lots,
front yards shall be provided along every such road.
(2)
Such lots shall provide, at minimum, one rear yard
and, where possible, one rear yard and one side yard.
[Amended 9-28-2004 by Bill No. 2004-14]
C.
Measurement of lot width.
(1)
Lot width at the front lot line shall be measured
as the shortest distance between the two points where the side lot
lines intersect the front lot line.
(2)
Lot width at the front building line shall be measured
as the shortest distance along a straight line which passes through
a point on each side lot line and the point on the building, structure
or use, subject to such regulation, nearest the front lot line.
(3)
In all districts where a minimum lot width at the
shoreline is specified, such width shall be the straight line distance
which is the shortest of the following:
D.
Inclusion of wetlands when calculating lot area or
yard requirements. In calculating the area of any lot for the purpose
of compliance with the minimum lot size requirements of the district
regulations, private wetlands as defined herein may be included as
part of the lot area, and such private wetlands may be included as
part of any yard required herein.
E.
Yard modifications for existing residential lots of
record. When lots of record are unable to meet the yard requirements
of these regulations, the following modifications are permitted:
(1)
For lots of record, as defined herein, the sum of
the side yards shall not be less than 30% of the width of the lot,
but in no case shall any one side yard be less than 10% of the width
of the lot as measured at the established building line.
(2)
The depth of the rear yard of any such lot shall not
be less than 20% of the depth of the lot, but in no case shall it
be less than 10 feet.
(3)
In any RC, RC-RCA, RR, RR-RCA, AC, AC-RCA, SR, SR-RCA
or V District where the average depth of at least two existing front
yards on lots within 100 feet of the lot in question and within the
same block front is less than the front yard setback prescribed, the
required depth of the front yard setback on such lot may be modified.
In such case, it shall be not less than the average of the existing
front yard setbacks on the two lots immediately adjoining or, in the
case of a corner lot, the depth of the front yard on the lot immediately
adjoining; provided, however, that the front yard setback in any lot
shall be at least 10 feet.
(4)
In the case where a lot is situated between a natural
or man-made waterway and a road and it does not have sufficient depth
to allow for compliance with the front yard requirements of this chapter,
the front yard setback may be further reduced by two feet.
(5)
In any district, on any lot which fronts on a road
having a right-of-way less than 50 feet, a building shall be located
at a distance from the center line of such road not less than the
depth of the required front yard setback for the district, plus 25
feet.
(6)
Side yard modifications. For lots of record, as defined
herein, side yard setbacks may be varied where the side wall of a
building is not parallel to the side lot line or is broken or otherwise
irregular. In such case, the average width of the side yard shall
not be less than the required side yard setback; provided, however,
that such side yard shall not be narrower at any point than 1/2 the
required side yard setback.
F.
Reduction of required yards.
(1)
No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter, and, if already less than the minimum required, said yard or open space shall not be further reduced, except by approval of the Board of Appeals in accordance with provisions of Article IV of this chapter.
(2)
When more than one principal structure is placed on
a lot, the minimum lot width, area and setback requirements for each
principal structure must be met.
(3)
No part of a yard or other open space provided about
any building, structure or use for the purposes of complying with
the provisions of this chapter shall be considered as part of a yard
or other open space required under this chapter for another building,
structure or use.
A.
Measurement. The district height limits for buildings
and structures shall be measured as the vertical distance from the
higher of the average natural grade or two feet above the base flood
elevation, to the highest point of the coping of a flat roof, or to
the deck line of a mansard roof, or to the highest point of a gable,
hip or gambrel roof.
[Amended 2-15-2005 by Bill No. 2005-1]
B.
Structures permitted above height limit. The following
structures are exempt from district height regulations, except when
located within the airport protection district:
(1)
Farm buildings and structures, except dwelling units.
(2)
Antennas attached to existing buildings or structures,
belfries, chimneys or smoke stacks, church spires, communication towers,
conveyors, cooling towers, cupolas, fire or parapet walls, flagpoles,
grain elevators, masts, ornamental towers and spires, public monuments,
silos, smokestacks, steeples, water towers and windmills, water tanks
or other roof superstructures.
(3)
Roof structures for housing elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, provided that all such structures above the
height otherwise permitted in the district shall not occupy more than
25% of the ground area of the building.
(4)
Churches, schools, institutional buildings, public
utility buildings and structures and any building or structure in
an I District, if not less than 200 feet from any nonindustrial or
nonbusiness district, provided that for each three feet by which the
height of such building or structure exceeds the maximum height otherwise
permitted in the district, its side and rear yards shall be increased
in width or depth by an additional one foot over the side and rear
yards required for the highest building otherwise permitted in the
district.
