A.
The height limitations of this chapter shall not apply to belfries,
bulkheads, chimneys, church spires, cupolas, domes, skylights, ventilators,
water tanks and other necessary mechanical devices usually carried
above the roof level. Such features, however, shall be erected only
to such heights as are necessary to accomplish the purpose they are
required to serve and shall not occupy in the aggregate more than
25% of the roof area of the main building.
B.
In any district, any principal building may be erected to a height
in excess of that specified for the district, provided that such front,
side and rear yards are increased two feet for each one foot of such
additional height.
Requirements of this chapter may be modified as follows:
A.
In such cases, in residential districts, where the frontage on the
same side of the street within 500 feet is 50% or more developed than
the required front yard for a new structure, the front yard requirement
may be modified to the average of such existing development.
B.
In the case of lots which cannot comply with the side yard requirements,
as specified in the schedule, side yards may be reduced by six inches
for each foot by which a lot is less than the minimum lot width required,
specified in the schedule for the zone in which it is located. In
any case, the side yard width shall be reduced to no more than 50%
of the requirement of the schedule.
C.
Where the side wall of a principal building is not parallel with
the side lot line, the average width of the side yard may be interpreted
as the side yard width, provided that at no point is the actual side
yard width less than 10 feet.
D.
Projections into required yards:
(1)
Balconies and bay windows limited in total length to 1/2 the building
wall may project into any yard.
(2)
Chimneys, ornamental features and roofs may extend not more than
30 inches into any required yard.
(3)
Notwithstanding any other provision of this section, no projection
shall extend into any required yard more than 1/4 of the required
width or depth of such yard or within 10 feet of any accessory building.
E.
On every corner lot in any R District, there shall be provided a
side yard equal in depth to the required front yard depth in that
district. On such corner lot where two front yards are required, the
rear yard distance may be waived as long as at least two side yard
distances are provided as stipulated in the schedule.
If any areas are hereafter transferred to another district by
a change of district boundaries, by an amendment or repeal of the
regulations prescribed for such district or part thereof, any nonconforming
use of building existing at the time of such change, amendment or
repeal shall be allowed to continue within such transferred area,
provided that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building, including a trailer or mobile home, shall
be enlarged, extended or increased unless such enlargements would
tend to reduce the degree of nonconformance.
C.
No nonconforming use may be expanded except in conformance with the
district in which it is located.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification or whenever text of this chapter shall be changed with respect to the uses permitted in a district, the provisions of § 144-59 shall also apply to any nonconforming uses existing therein.
In any district where a nonconforming use of land, premises,
building or structure, or any part or portion thereof, has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future uses shall be in conformity with
the provisions of this chapter. Such discontinuance of the continual
operation of such nonconforming use, or a part or portion thereof,
for such a period of one year is hereby construed and considered to
be an abandonment of such nonconforming use, regardless of any reservation
of any intent to resume active operations. If actual abandonment in
fact is evidenced by the removal of buildings, structure, machinery,
equipment and other evidences of such nonconforming use of the land
and premises, abandonment shall be construed and considered to be
completed, and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.
Any nonconforming building, including a trailer or mobile home,
can be restored and reconstructed under any of the following circumstances:
A.
Any building, including a trailer or mobile home, damaged by fire
or other unintentional causes to the extent of less than 75% of its
true value may be restored or reconstructed within a period of 12
months, in conformity with the regulations of this chapter.
B.
Any nonconforming building, including a trailer or mobile home, or
portion thereof, declared unsafe by a proper authority, but not ordered
to be demolished, may be restored to a safe condition.
C.
Restoration and reconstruction consisting of alterations or structural
changes to a building, including a trailer or mobile home, which is
nonconforming due to insufficient yard distances or lot area, may
be accomplished within the existing frame of said building, but any
exterior additions shall conform to the specific setback and yard
distance requirements of this chapter.
D.
Any nonconforming building, including a trailer or mobile home, may
be restored or reconstructed or structurally altered during its life,
provided that the extent of such restoration, reconstruction or alteration
does not exceed 50% of the true value of the building. If the costs
exceed 50%, the building may be restored, reconstructed or structurally
altered only in accordance with the requirements of this chapter.
A nonconforming use shall not be extended, but the extension
of a lawful use into any portion of a nonconforming building which
existed prior to the enactment of this chapter shall not be deemed
the extension of a nonconforming use. Once changed to a conforming
use, no building, or trailer or mobile home, or land shall be permitted
to revert to a nonconforming use. A nonconforming use may be changed
to a use of more restricted classification with the consent of the
Zoning Board of Appeals, and, when so changed to a more restricted
classification, such use thereafter shall not be changed to a less
restricted classification.
[Added 11-7-1985; amended 12-5-1985]
Any trailer and/or mobile home may be placed on private property
for emergency living purposes during reconstruction after a fire or
natural disaster, or during new home construction, and will be removed
90 days after completion of the same.
