A. 
Front setbacks from major thoroughfares. For the purpose of protecting residential uses from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, a building (including residential and nonresidential buildings) along these thoroughfares must be set back as least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be:
(1) 
Main street.
(2) 
Canal street.
(3) 
Park street.
(4) 
Butter Road.
[Amended 10-6-2003 by Ord. No. 2003-3]
B. 
Front setback of buildings on built-up streets other than major thoroughfares. Where at least two adjacent buildings within 100 feet of a property are setback a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property.
C. 
Sight clearance.[1] Proper sight clearance must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides measuring 75 feet. No building or construction is permitted in this area except as follows:
(1) 
Obstructions or plantings less than three feet in height.
(2) 
If not obstructing the view of traffic, post columns and trees not exceeding one foot in diameter.
[1]
Editor's Note: See also Ch. 135, Streets and Sidewalks, Art. II, Overhanging Vegetation.
D. 
Setback on corner lots. In the case of corner lots, two front yards shall be provided (the second of which will exist in lieu of one side yard).
E. 
Accessory or appurtenant structures. The setback regulations do not apply to:
(1) 
School bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, porches or patios whether covered or not and similar extensions.
(2) 
Open fire escapes.
(3) 
Minor utility structures, articles of ornamentation or decoration.
(4) 
Fences and retaining walls.
The minimum lot width for properties abutting a curvilinear street or the turnaround circle of a cul-de-sac street may be calculated at the front setback line rather than the street line but in no case shall the lot width at the street line be less than 35 feet.
Where it is desired to have each dwelling unit of a two-family dwelling located on a separate lot, the following requirements shall apply:
A. 
The area and width of each lot shall be equal to or greater than 1/2 the minimum lot area and lot width requirements of the zone in which the two-family dwelling is to be located.
B. 
Each lot shall only be required to have one side yard. Such side yard shall be at least 10 feet wide.
The height regulations do not apply to the following projections, provided that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A. 
Structures such as chimneys, standpipes, flagpoles, television antennas or radio towers.
B. 
Structures on buildings such as clock towers, cupolas, water tanks and other mechanical appurtenances, provided such structures do not cover more than 25% of the roof on which they are located.
[Amended 10-6-2003 by Ord. No. 2003-3]
C. 
Parapet walls or cornices less than five feet high used solely for ornamental purposes.
[Amended 10-6-2003 by Ord. No. 2003-3]
[1]
Editor's Note: Former § 160-26, Buildings under construction, was repealed 10-6-2003 by Ord. No. 2003-3.
No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this chapter. All lots must front on a public street with at least 22 feet of cartway width.
A. 
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed, as provided in Chapter 138, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application shall have been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B. 
When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.
[Amended 10-6-2003 by Ord. No. 2003-3]
On a lot held in single and separate ownership on the effective date of this chapter, or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use, provided that the setback requirements are not less than the minimum specified herein for the zone in which the lot is located.
A. 
Continuance.
(1) 
Except as otherwise provided in this section, the lawful use of land or building existing at the date of the adoption of this chapter may be continued, although such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
(2) 
Except as otherwise provided in this section, any dimensional nonconformities existing at the date of the adoption of this chapter may be continued.
B. 
Expansion or alteration.
(1) 
Upon application for a special exception and in accordance with the provisions of §§ 160-49 and 160-52, the Zoning Hearing Board may approve the expansion or alteration of a use of land or buildings which is not in conformance with the provisions of this chapter.
(2) 
A dimensional nonconformity may be altered or expanded only if such alteration or expansion is in conformance with the provisions of this chapter; however, upon issuance of a special exception, in accordance with the provisions of §§ 160-49 and 160-52, the Zoning Hearing Board may authorize additions or improvements to dimensional nonconformities.
C. 
Replacement.
(1) 
A nonconforming use may be replaced only by a conforming use.
(2) 
A dimensional nonconformity may be replaced only in conformance with the provisions of this chapter.
D. 
Restoration. If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for the tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 160-49 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
E. 
Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
[Amended 10-6-2003 by Ord. No. 2003-3]
F. 
Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.
G. 
Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
H. 
Identification and registration. Nonconforming uses and nonconforming structures shall be identified and registered by the Zoning Officer.