Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height are as specified in Article IV through Article IX. All permitted uses are subject to the regulations appearing in Article IV, Article V, Article VI, Article VII, Article VIII, Article IX, Article X, and Article XI, and additional regulations as follows.
A.
Any lot with an area or a width less than that required
in the district in which said lot is located may be used for any purpose
permitted in the district, provided that all other regulations prescribed
for the district shall be complied with, and further provided that
said lot was held under separate ownership at the time of the adoption
of this chapter and the owner thereof owned no adjoining land that
could be combined with said lot to meet the dimensional requirements.
B.
In the event that compliance with the yard and coverage
requirements of the district would result in a residential structure
of a width less than 24 feet, the Board of Appeals shall determine
and fix yard and coverage requirements for said lot to permit its
reasonable utilization for a permitted use.
The minimum yards and open spaces, including
lot area per family, required by this chapter for any building existing
at the time of adoption of this chapter or for any building hereafter
erected or structurally altered shall not be encroached upon or considered
as yard or open space requirements for any other building, nor shall
any lot be reduced below the district requirement of this chapter.
On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets and shall be 150% larger in land area than a standard lot, as set forth in § 139-71C. Corner lots within a Highway Overlay District shall have equal front yard setback as those required for the overlay district. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit. The Board of Appeals shall determine the yards and building width of a corner lot of record at the time of the passage of this chapter if the yard requirements would result in a residential structure less than 24 feet wide.
A.
Where two districts abut on the same street between
two intersecting streets and the front yard requirements of one district
are less than those of the other district, there shall be provided
for buildings hereafter constructed or structurally altered within
a distance of 50 feet from the district boundary line in the less
restricted district a front yard equal in depth to the average required
depth in the two districts.
B.
Where the side or rear yard of a lot abuts a side
or rear yard of a lot in a more restricted district, there shall be
provided along such abutting line or lines a side or rear yard equal
in depth to that required in the more restrictive district.
Where two districts abut on the same street
between two intersecting streets and the front yard requirements of
one district are less than those of the other district, and one or
both districts are within the H-O Highway Overlay District, the highway
overlay controls will take precedence over either district.
A.
The space in any required yard shall be open and unobstructed
except for the ordinary projections of windowsills, belt courses,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than 30 inches into any
required yard.
B.
A paved terrace shall not be considered as part of
a building in the determination of yard sizes or lot coverage, provided
that such terrace is unroofed and without walls, parapets or other
form of enclosure exceeding six feet in height.
C.
In determining the percentage of building coverage
or the size of yards for the purpose of this chapter, enclosed porches
or porches open at the side but roofed shall be considered a part
of the building.
D.
An open fire escape may extend into any required yard
not more than six feet, provided that such fire escape shall not be
closer than four feet at any point to any lot line.
E.
Unenclosed entrance steps or stairways providing access
to the first story of a building may extend into any required yard
a distance not to exceed six feet.
F.
In any district, no fence, hedge, or wall shall exceed
four feet in height in any front yard, or six feet in height in any
side or rear yard, and provided further that such fence, hedge, or
wall shall be no closer to any lot line than three feet. The decorative
or finished side of any fence shall face outward from the lot.
G.
No wall, fence, landscape structure, grading, or drainage
activity shall cause a diversion of drainage to adjoining public or
private property.
H.
Barbed wire or other fences maintained by a farmer for the purpose of fencing a field or pasture to enclose crops, livestock, or other agricultural uses, including woodlots, are exempt from this § 139-43 in that such a fence may be constructed and maintained on the property line so long as it does not encroach on an enjoining landowner's property.
[Added 5-14-2012 by L.L. No. 2-2012]
The height limitations of this chapter shall
not apply to farm structures, silos, belfries, church spires, cupolas,
penthouses and domes which are not used for human occupancy; nor to
chimney's, ventilators, skylights, water tanks and necessary mechanical
appurtenances usually carried above the root level; nor to flagpoles,
monuments, transmission towers and cables, radio and television antennas
or towers and similar structures. Such features however shall be erected
only to such height as is necessary to accomplish the purpose for
which they are intended. No advertising device of any kind whatsoever
shall be inscribed upon or attached to that part of any chimney, tower,
tank or other structure which extends above the roof limitations.
A.
No accessory structure shall be permitted without
the presence of an approved principal structure.
B.
Farm structures shall be exempt from the provisions
of this section except for front yard setbacks in the A and AR Zoning
Districts.
C.
Number. There shall not be more than two accessory
buildings on each parcel intended or used for residential purposes.
D.
Height. For R-1 Residence Districts, the maximum height
of accessory buildings shall not exceed the height of the principal
structure.
E.
Attached accessory buildings in residence districts.
When an accessory building is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building.
F.
Outdoor wood-fired boilers (OWBs) are prohibited outside
of the Town's Agricultural (A) Zoning District.
G.
Accessory buildings in Commercial and Manufacturing
Districts. Non-dwelling accessory buildings shall comply with front
and side yard requirements for the principal building to which they
are accessory and shall be not closer to any rear property line than
10 feet.
H.
No outdoor appliance shall be located within 500 feet
of a neighboring residence or be located in a manner that impacts
the air or water quality of adjoining property.
