Following the effective date of this chapter, the district regulations
and requirements prescribed for the various districts established
hereby[1] shall govern:
The use, height, bulk and/or percentage of lot coverage and, wherever
specified, the minimum habitable floor area of any dwelling unit and
the use of any land; and
The yards, open spaces, lot dimensions and area, off-street parking
and loading facilities with necessary passageways and driveways appurtenant
thereto and, wherever specified, the screening and landscaping to
be provided in connection with erection, alteration or moving of any
building or the use of any land.
No yard or open space required in connection with any building or
use shall be encroached upon, nor shall it be considered as providing
a required open space for any other building on the same or any other
lot.
No lot shall be formed from part of a lot already occupied by a building
unless such building, all yards and open spaces connected therewith
and the remaining lot comply with all requirements prescribed by this
chapter for the district in which said lot is located. No permit shall
be issued for the erection of a building on any new lot thus created
unless such building and lot comply with all the provisions of this
chapter.
The minimum lot width or area regulation shall not apply to any lot
with an area and/or width of less than that prescribed herein, provided
that such lot was under different ownership from that of any adjoining
land on the effective date of this chapter, and provided further that
such lot shall be subject to all other applicable regulations prescribed
by this chapter. In areas where the prevailing lot width and/or areas
are below the requirements of this chapter, the Board of Appeals may
vary such requirements, provided that the resultant lot widths and/or
areas shall be in harmony with the pattern of development prevailing
in the area.
Any building or parcel of land found at any time to contravene the
specific provisions of this chapter shall be deemed to be in violation
thereof, except in cases where such contravention is justified either:
By the granting of a variance by the Board of Appeals, as hereinafter
provided, following the effective date of this chapter; provided,
however, that such contravention conforms to the provisions and special
requirements, if any, under which such variance was granted.
The attached schedule of use and bulk regulations is a part
of this section and is referred to as "Schedule of District Zoning
Regulations."[1]
General provisions. The special uses for which conformance to additional
standards is required shall be deemed to be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards set forth herein in addition to all other requirements
of this chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
Submission of plan. A plan for the proposed development of a site
for a permitted special use shall be submitted with the application
for a special permit, and such plan shall show the location of all
buildings, parking areas, traffic access and circulation drives, open
spaces, existing and proposed contour lines, landscaping and any other
pertinent information that may be necessary to determine if the proposed
special use meets the requirements of this chapter.
Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire as determined by the Board of Appeals. [See § 119-44B(1).]
The location and size of the use, the nature and intensity of the
operations involved, the size of the site in relation to it and the
location of the site with respect to the existing or future streets
giving access to it shall be such that it will be in harmony with
the orderly development of the district and that the location, nature
and height of buildings, walls and fences will not discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
Operations in connection with any special use shall not be more objectionable
to nearby properties by reason of noise, fumes, vibration or in any
other manner than would be the operations of any permitted use.