Except as hereafter provided:
A. No building, structure, or lot shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
moved, altered, demolished, reconstructed or enlarged except in conformance
with the regulations herein specified for the district in which it
is located.
B. No part of a yard or other open space required in connection with
any building or use shall be included as part of a yard or other open
space similarly required for another building or use.
C. No yard or lot existing at the time of the passage of this code shall
be reduced in size or area below the minimum requirements set forth
herein. Yards or lots created after the effective date of this code
shall meet the minimum requirements set forth herein.
D. Nothing contained herein shall prohibit the use of a lot of record in legal existence as of the date of enactment of this code even if such lot or lots do not meet the minimum area and bulk requirements. Further, nothing contained herein shall prohibit the use of an undeveloped lot in a subdivision which is in legal existence as of the date of enactment of this code, providing that such use is in conformance with requirements set forth in Part
2, Article
VIII, of this code. Preexisting nonconforming uses, structures and lots shall comply with the requirements set forth in Part
2, Article
IX, of this code.
E. No off-street parking or loading space required for one building
or use shall be included as satisfying, in whole or in part, the off-street
parking or loading space required for another building or use, unless
approved as a shared parking plan by the Development Board.
F. No off-street parking or loading space shall be so reduced in area
that it does not meet the minimum requirements of this code.
G. Within each district, the regulations set forth by this code shall
be considered minimum regulations and shall apply uniformly to each
kind of building, structure or land.
H. Procedure for determination of land use conformity. The Director
shall refer to Schedule 1, Allowed Uses, of this code to determine
how a land use is regulated under this code. Upon the request of a property owner or involved party,
the Director shall provide a written determination as to the permissible
nature of a proposed use and, if permissible, how the land use is
regulated.
(1) Only those land uses specifically identified as permitted principal
uses, permitted uses by administrative permit, permitted special use
permit uses and permitted site plan review use shall be permissible
in their respective zoning districts.
(2) All other uses are expressly prohibited unless:
(a)
Granted a variance by the Development Board pursuant to Part
2, Article
XVI; or
(b)
Listed on Schedule 1 as the result of an amendment to this code
as considered and approved by the Board of Trustees.
I. Manufactured housing/mobile homes. No provision of this code shall
prohibit or restrict, in any way, the right of a manufactured/mobile
home owner owning a manufactured/mobile home on the effective date
of this code to replace his or her manufactured/mobile home with one
of equal or greater value. The replacement manufactured/mobile home
shall comply with all local and state requirements. According to federal
regulations, all transportable sections of manufactured homes built
in the United States after July 1976 must contain a red label. The
label is the manufacturer's certification that the home is built in
accordance with HUD's construction and safety standards that include
body and frame requirements, thermal protection, plumbing, electrical,
fire safety and other aspects of the home. A building permit shall
be required to replace a manufactured home.
Land uses are regulated according to location and type using
the following method:
A. Permitted uses. A use shall be permitted in a given zoning district
if it is listed in Schedule 1, Allowed Uses, hereof as a permissible use for that district, provided that
all other requirements of this code are met.
B. Administrative permit uses. A use listed in Schedule 1, Allowed Uses, as a use requiring an administrative permit shall be permitted in that district when a permit has been approved by the Director in accordance with the standards in Part
1, Article
III, Administration and Enforcement, hereof, provided all other requirements of this code are met.
C. Site plan review uses. A use listed in Schedule 1, Allowed Uses,
hereof as a site plan review use for a given district within this code shall be permitted in that district when approved in accordance with Part
2, Article
XI, Site Plan Review, hereof, provided that all other requirements of this code are met.
D. Special use permit uses. A use listed in Schedule 1, Allowed Uses,
the schedule of use regulations, as a special use permit shall be permitted in that district when approved in accordance with Part
2, Article
XII, Special Use Permits, hereof, provided all other requirements of this code are met.
E. All uses listed in Schedule 1, Allowed Uses, shall be permitted as
indicated for each zoning district, provided that all other requirements
of this code are met.
[Amended 10-15-2019 by L.L. No. 4-2019]
A. Dimensional standards for new buildings. All buildings shall be subject
to the requirements of this section and the dimensional standards
listed in Schedule 2, Dimensional Standards.
B. Dimensional standards for existing buildings. Buildings in existence
on the date of adoption of this chapter, whether conforming to the
following standards or not conforming to the following standards,
shall be allowed to continue provided that:
(1) Future building modifications meet the dimensional standards as listed
in Schedule 2, Dimensional Standards; and
(2) All other requirements of this code are met.
C. Lot coverage. Where a maximum lot coverage is specified, no building
or part of a building or impervious surface or other form of coverage
shall exceed such maximum allowable except as specifically authorized
by this chapter.
D. Calculating lot coverage. Lot coverage shall be calculated in the
following manner:
(1) Compute the square footage of all parts of the lot, or portion of
the lot where split by a zoning district boundary, covered by all
buildings, including accessory structures, decks, patios, paved or
unpaved walkways and parking areas, and any other paved surface;
(2) Add the square footage calculated in Subsection
D(1) above to obtain a figure for total coverage; and
(3) Divide the total coverage calculated in Subsection
D(2) above by the square footage of the entire upland portion of the lot to derive the percentage of lot coverage. Lot area inundated by water, including streams, ponds, lakes, wetlands, and other bodies of water, shall not be included.
E. Exceptions to lot coverage. In all districts, the following shall
not be counted as lot coverage:
(1) Lawns, gardens and unpaved landscaped areas;
(3) Open play structures without a roof, sandboxes, or swings, not located
on a paved surface;
(5) Swimming pools (Note: aprons, decks and walks adjacent to swimming
pools shall be considered as lot coverage);
(7) Retaining walls less than 24 inches in width across the top surface.
(8) Ramps for the disabled, for which the sole purpose is to provide
access for the disabled, and which have no more than the minimum dimensions
required to meet accessibility standards.
F. Setbacks. Setbacks between buildings and property lines, where required,
are intended to provide access to light and air, provide fire separation
and access, and maintain the existing neighborhood pattern of buildings
and open spaces between them and to the street.
G. Setbacks required. Unless otherwise authorized or specified in this
chapter, a setback shall be provided between any proposed structures
and/or site features and the front, side and rear yard property lines
as follows:
(1) Front yard. In order to maintain the existing pattern of development
along a given street, both a minimum front yard setback shall be as
required under the provisions of Schedule 2, Dimensional Standards.
(2) Lots having frontage on more than one public street shall maintain
a front yard setback on each public street except access alleys.
(3) Side yard. The minimum side yard setback for any principal structure
shall be as required under the provisions of Schedule 2, Dimensional
Standards.
(4) Rear yard. Minimum rear yard setback for any principal structure
shall be as required under the provisions of Schedule 2, Dimensional
Standards.
H. Exceptions to yard setback requirements. The following projections
into required yard setbacks may be permitted subject to administrative
review by the Director:
(1) Abutting building with doors or windows. Where the facade of an existing
adjacent principal building is within five feet of the common property
line and has either doors or windows, a setback of 10 feet shall be
required for any new development up to the height of the abutting
building in any district where no setback is required.
(2) Building and site features. Eaves, sills, roof overhangs, cornices,
steps to first-floor entries, walkways, ramps for the disabled and
for which the sole purpose is to provide access for the disabled and
which have no more than the minimum dimensions required to meet accessibility
standards, fences, walls, and similar building and site features may
project into a required yard setback.
(3) Historic structure features. Features of an historic structure, such
as porches, additions, entries, bays and porticos, that have been
removed may be replaced and may project into required yard setbacks
subject to the following:
(a)
The structure is listed or eligible for listing on the State
or National Register of Historic Places;
(b)
The building feature being replaced was a character-defining
feature of the primary structure, can be documented to have previously
existed, and is being replaced within the original footprint; and
(c)
The structure feature replacement is completed in accordance with the standards for historic buildings contained in §
106-85 of this Part
2.
(4) Setbacks for accessory structures. Schedule 2, Dimensional Standards,
minimum setbacks for any accessory structure shall be as required
under the provisions of Schedule 2, Dimensional Standards.
(5) Shared driveways. Common or shared driveways and walkways along shared
property lines and associated parking areas do not have to meet setback
requirements along the shared property line.
Before the construction, relocation, or alteration of any structure
is conducted, a building permit shall be obtained from the Code Enforcement
Officer of the Village. No site preparation for any building shall
begin unless and until a building permit has been issued.
Unless otherwise specified, there shall be only one principal
building per lot except as specified in the following instances. More
than one principal use and/or building per lot is permitted if:
A. The minimum required lot area, lot width and all yard requirements
are met for each land use and or building; or
B. The land uses and or buildings are located within a district where
mixed uses or multiple-use buildings are permissible.
The ability to undertake a land use activity pursuant to this
code does not repeal or eliminate the jurisdiction of other local,
regional, state, or federal agencies. Those undertaking land use activities
are advised that approvals and/or permits may be required from said
agencies.