A.
Existing lots of record. A single-family structure may be constructed
on any existing nonconforming lot of record at the time of adoption
of this chapter in any residential district if said lot is less than
the minimum area required for building lots in the residential district
in which it is located, provided that the following conditions exist
or are met:
(1)
Availability of adjacent vacant land. No structure shall be erected
on any nonconforming lot if the owner of said lot owns any adjoining
vacant land which would create a conforming lot if said vacant land
were combined with the lot deficient in area.
(2)
Side yards. No structure shall be constructed on a nonconforming
lot unless it shall have a minimum side yard of six feet. If a corner
lot, a minimum side yard of 1/2 the required front yard setback of
the adjoining lot on the side street shall be provided.
(3)
Front and rear yards. No structure shall be constructed on a nonconforming
lot unless it shall have front and rear yards conforming to the minimums
required for the residential district in which said lot is located.
B.
Lot width. The minimum lot width of any lot shall be measured along
the minimum building setback line as required for the district in
which it is located.
C.
Corner lots. At all street intersections, no obstruction to vision
(other than an existing building, post, column or tree) exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot within the
triangle formed by the street lot lines of such lot and a line drawn
between the points along such street lot lines 30 feet distant from
their point of intersection.
D.
Required area or space cannot be reduced. The area or dimension of
any lot, yard, parking area or other space shall not be reduced to
less than the minimum required by this chapter except as provided
in this chapter, and if already less than the minimum required by
this chapter, said area or dimension may be continued but shall not
be further reduced.
A.
General application. No building or structure shall have a greater
number of stories, nor have an aggregate height of a greater number
of feet than is permitted in the district in which such building or
structure is located, except as noted elsewhere in this chapter.
B.
Permitted exceptions to height regulations. Chimneys, cooling towers,
silos, elevators, bulkheads, fire towers, gas tanks, grain elevators,
steeples, water towers, ornamental towers or spires, communications,
radio or television towers or necessary mechanical appurtenances,
may be erected as to their height in accordance with existing or hereafter
adopted provisions of the Village of Dundee Code, provided that no
tower other than a church spire, farm silo or tower of a public building
shall exceed the height regulations by more than 40%. No tower shall
be used as a place of habitation or for tenant purposes. No sign,
nameplate, display or advertising device of any kind whatsoever shall
be inscribed upon or attached to any chimney, tower, tank or other
structure which extends above the height limitations.
Every part of a required yard except lake frontage must be open
to the sky, unobstructed except for accessory buildings in a rear
or side yard, and except for the ordinary projection of open porches,
balconies, steps, sills, belt courses, cornices and ornamental features,
projecting not to exceed 12 inches.
A.
Side yards. Side yard width may be varied. Where the side wall of
a building is not parallel with the side lot line or is broken or
otherwise irregular, the side yard may be varied. In such case, the
average width of the side yard shall not be less than the otherwise
required minimum width; provided, however, that such side yard shall
not be narrower at any one point than 1/2 the otherwise required minimum
width.
B.
Transition yard requirements.
(1)
Where a residence district abuts a nonresidence district on a street
line, there shall be provided in the nonresidence district for a distance
of 50 feet from the district boundary line, a front yard at least
equal in depth to that required in the residence district.
(2)
Where the side or rear yard in a residence district abuts a side
or rear yard in a nonresidence district, there shall be provided along
such abutting line or lines, a side or rear yard at least equal in
depth to that required in the residence district. Said yard space
in the nonresidential district shall be suitably planted or fenced
to reduce noise, dust, visual blight, etc., to create a permanent
screen of not less than six feet in height.
Land coverage by principal and accessory buildings or structures
on each zone lot shall not be greater than is permitted in the district
where such principal and accessory buildings are located.
A.
Unattached accessory structures in residential districts. Accessory
structures which are not attached to a principal structure may be
erected in accordance with the following requirements:
(1)
An accessory building not exceeding 12 feet in height may occupy
not more than 30% of a required rear yard.
(2)
No accessory structure shall be located within five feet of side
or rear lot lines, unless otherwise legally defined.
(3)
No accessory structure shall be located closer to the street than
the front yard setback required for a principal structure in the district
in which such accessory structure may be located.
(4)
For corner lots, the setback from the side street shall be the same
for accessory buildings as for principal buildings.
B.
Attached accessory structures in residential districts. When an accessory
structure is attached to the principal building, it shall comply in
all respects with the yard requirements of this chapter applicable
to the principal building.
C.
Accessory structures in other than residential districts. Accessory
structures shall comply with front and side yard requirements for
the principal structure to which they are accessory and shall not
be closer to any rear property line than 10 feet.
A.
Unenclosed uses. Any unenclosed use as may be required by this chapter
to be landscaped in accordance with this subsection shall provide
a fence, screen or landscaping sufficient to obscure such uses from
view from abutting properties lying in residential districts or from
public rights-of-way.
B.
Approval by the Planning Board[1]. Plans and site design for the installation of required
fences or landscaping shall be reviewed by the Planning Board prior
to the issuance of a building permit–certificate of zoning compliance
for such uses as are required by this chapter to be provided with
such fences or landscaping.
[Amended 5-23-1989 by L.L. No. 2-1989]
C.
Maintenance. Any fencing or landscaping installed in accordance with
this section shall be maintained in good order to achieve the objectives
of this section. Failure to maintain fencing or to replace dead or
diseased landscaping shall be considered a violation of this chapter.
