The purpose of this article is to define the scope of this chapter.
The jurisdiction of this chapter shall apply to all structures,
lands, water, and air within the corporate limits of the Town of Barton.
All new buildings, structures, and off-street parking and loading
areas shall conform to the various lot coverage regulations set forth
in this chapter.
A. Maintenance of yards, courts, and other open spaces. The maintenance
of yards, courts, and other open space and minimum lot area required
under the provisions of this chapter for a building shall be a continuing
obligation of the owner of such building or of the property on which
it is located as long as the building is in existence. Furthermore,
no legally required yards, courts, or other open space or minimum
lot area allocated to any building shall, by virtue of change of ownership
or for any other reason, be used to satisfy yard, court, other open
space, or minimum lot area requirements of any other building.
B. Division of zoning lots. No improved zoning lot shall be divided
into two or more zoning lots unless all improved zoning lots resulting
from each division conform with all the applicable bulk regulations
of the zoning district in which the property is located. However,
with respect to the resubdivision of improved zoning lots in R-9 and
R-10 Residential Districts, side yard requirements shall not apply
between attached buildings.
C. Location of required open space. All yards, courts, and other open
spaces allocated to a building or dwelling group shall be located
on the same zoning lot as such building or dwelling group.
D. Required yards for existing buildings. No yards, now or hereafter provided for an existing building, shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of the district in which it is located. (Also see §
500-164 of this chapter regarding variances.)
E. Permitted obstructions in required yards. The following are not considered
to be obstructions when located in the required yards specified:
(1) In all yards. Handicapped ramps; open terraces not over four feet
above the average level of the adjoining ground, but not including
a permanently roofed-over terrace or porch; awnings and canopies;
steps, four feet or less above grade, which are necessary for access
to a permitted building or for access to a zoning lot from a street
or alley; chimneys projecting 18 inches or less into the yard; recreational
equipment; laundry-drying equipment; arbors and trellises; and flagpoles.
Open fences having a height of six feet or less may be used to locate
property lines within the required side or rear yards in the residential
districts. Closed fences having a height of six feet or less shall
be placed three feet from property lines within the required side
or rear yards in the residential districts.
(2) In front yards. One-story bay windows projecting three feet or less
into the front yard; overhanging eaves and gutters projecting three
feet or less into the yard.
(3) In rear yards. Accessory garages, sheds, tool rooms, and similar
buildings or structures for domestic or agricultural storage not less
than five feet from a rear yard lot line; balconies; breezeways and
open porches; one-story bay windows projecting three feet or less
into the yard; overhanging eaves and gutters projecting three feet
or less into the yard. In any residential district, no accessory building
shall be constructed within 10 feet of a principal building on the
same lot.
[Amended 11-1-1995 by Ord. No. 95-2]
(4) In side yards. No exceptions except as hereinbefore stated in Subsection
E(1) of this section.
Base setback lines are hereby established for all streets and
highways in the Town of Barton as follows, unless otherwise specified
by action of the Town Board:
A. Setback from ultimate street and highway right-of-way line. On all
streets or highways for which the ultimate width has been heretofore
established by Washington County, the Town of Barton Comprehensive
Plan (or component thereof), the Town Official Map, and/or subsequent
amendments thereto to those documents, the base setback line shall
be located at a distance from such established ultimate street and/or
highway right-of-way line as prescribed by this chapter.
B. Determination of average front yard setback in areas where greater
than required front yard setback is provided. Where 40% or more of
the frontage on one side of a street between two intersecting streets,
or for a distance of 600 feet in each direction from the lot being
considered, is developed with buildings that have a front yard greater
in depth than herein required (with a variation of five feet or less),
new buildings shall not be erected closer to the street than the average
front yard so established by the existing buildings.
C. Determination of average front yard setback in areas where less than
required front yard setback is provided. Where 40% or more of the
frontage on one side of a street between two intersecting streets,
or for a distance of 600 feet in each direction from the lot being
considered, is developed with buildings that have not observed a front
yard as required herein, then:
(1) Where a building is to be erected within 100 feet of existing buildings
on both sides, the minimum front yard shall be a line drawn between
the closest front corners of the two existing buildings.
(2) Where a building is to be erected within 100 feet of an existing
building on one side only, the minimum front yard shall be the average
of the setback of the existing building and the setback required normally.
D. Corner lot setbacks. Corner lot setback requirements on a side street
shall meet the requirements set forth in this chapter. However, in
no case shall a corner lot have a side setback on an abutting street
of less than 75% of the required front yard setback on the frontage
street.
Except as otherwise provided herein, every lot less than 40,000 square feet in area shall front or abut for a distance of at least 40 feet on a dedicated public street. Every lot 40,000 square feet or greater in area shall front or abut for a distance of at least 66 feet on a dedicated public street, except all lots that abut a cul-de-sac shall abut no less than 45 feet. Access to public streets shall also meet all of those requirements set forth in Article
XVI of this chapter and, where applicable, those requirements set forth under Chapter
340, Land Division, of this Code and any other applicable Town of Barton ordinance.
All principal buildings shall be located on a zoning lot, and
only one principal building shall be located, erected, or moved onto
a lot in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 Residential
Zoning Districts. The Plan Commission may permit more than one principal
building per lot other than in the above-stated zoning districts where
more than one principal building is needed for the orderly development
of the parcel. When additional structures are permitted, the Plan
Commission may impose additional yard requirements, floor area ratio
limitations, residential density requirements, land use intensity
requirements, landscaping requirements or parking requirements or
may require a minimum separation distance between principal buildings.
An area indicated on the Town of Barton Official Zoning Map
as a public park, public recreation area, public school site, cemetery,
or other similar public or semipublic open space shall not be used
for any other purpose than that designated. When the use of the specific
area is discontinued, it shall be considered by the Town of Barton
Plan Commission and Town Board for potential rezoning to a zoning
district which is consistent with the land use district set forth
for that area in the Town of Barton Comprehensive Plan.
The hazard abatement performance standards set forth in Article
XIV of this chapter shall apply to all zoning districts.
When a use is classified as a special use under this chapter
and exists as either a permitted use or special use at the date of
the adoption of this chapter, it shall be considered a legal use,
without further action of the Town Board, the Zoning Administrator,
or the Zoning Board of Appeals.
When a use is not specifically listed as a permitted use, special
use or accessory use, it shall be assumed that such a use is expressly
prohibited, unless, by a written decision of the Plan Commission,
it is determined that said use is similar to, and not a more measurably
intense use than, the use listed.
It shall be unlawful to construct or use any structure, land,
or water in violation of any of the provisions of this chapter. In
case of any violation, the Town Board, the Plan Commission, the Town
Attorney, the Zoning Administrator, or any property owner who would
be specifically damaged by such violation may institute appropriate
actions or proceedings to enjoin a violation of this chapter.
Unless specifically exempted by law, all cities, villages, towns,
counties, and other municipal corporations are required to comply
with this chapter and obtain all required permits. State agencies
are required to comply as applicable.