City of Flatonia, TX GENERAL PROHIBITIONS AND REQUIREMENTS

Except as provided in this ordinance:

no building or structure shall be erected, reconstructed or structurally altered, nor shall any building, structure or land be used, for any purpose other than is permitted in the district in which such building, structure or land is located;

no building or structure shall be erected, reconstructed or structurally altered to exceed a height or bulk limit or setback requirement herein established for the district in which such building or structure is located;

no lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this ordinance;

nor shall a yard or open space provided about any building or structure for the purpose of complying with the provisions of this ordinance be considered as providing a yard or open space for any other building or structure.

Every building hereafter erected shall be located on a lot.

(Ordinance 304 adopted 12/21/00)

§ 2 HOME OCCUPATIONS.

In Business Districts.

All existing dwelling units located in a business district, either on the effective date of this ordinance or in the future, may be used as a Dwelling, Single-Family Attached (DSFA) or Dwelling, Single-Family Detached (DSFD) and a business. Home occupations in business districts must meet the following requirements:

There shall be no business related advertising, exterior storage of equipment or materials used for the home occupation in the dwelling unit at any time.

The home occupation must be conducted entirely within a permanently enclosed building, except for those necessary outdoor activities related to a day-care nursery. A private garage that is not completely enclosed shall not be utilized as part of a home occupation. The dwelling unit must always appear as a dwelling unit and not a commercial structure.

Off-street parking in addition to that required for the dwelling shall not be required for those business uses that require three or fewer parking spaces.

No automobile repair shall be permitted as a home occupation.

A day-care nursery shall be limited to a maximum of six children.

The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.

All home occupations shall obtain annual operational licenses from the City of Flatonia. The fee for an annual operational license is $25.00.

In Residential Districts.

Home Occupations in all residential districts must meet the following requirements.

The incidental use shall never be permitted as a principal use.

No retail business conducted entirely in the home shall be permitted. Retail business that conducts sales primarily away from the home shall be permitted.

The types of businesses that would not be allowed include: animal hospitals, animal breeding clinics, clinics, hospitals, contractor yards, dancing schools, junkyards, restaurants, rental outlet, vehicle repair shops, welding services.

A day care nursery shall be limited to a maximum of six children.

Employment shall be limited to one person who is not a member of the immediate family residing on the premises.

The residential character of the lot dwelling must be maintained.

The entrance to the space devoted to the home occupation shall be within the dwelling.

No signs identifying the home occupation shall be permitted, except that a single nameplate, not exceeding two feet in height and width, may be attached flat to the main building.

10.

There shall be no exterior storage of equipment or materials used in the home occupation at any time.

11.

The home occupation must be conducted entirety within a permanently enclosed building, except for those necessary outdoor activities related to a day care nursery. A private garage that is not completely enclosed shall not be utilized as part of a home occupation.

12.

All home occupations shall obtain annual operational licenses from the City of Flatonia. The fee for an annual operational license is $25.00.

(Ordinance 304 adopted 12/21/00; Ordinance 2016.11.1, sec. 18, adopted 11/8/16)

§ 3 HEIGHT, YARD AND AREA REQUIREMENTS.

Height Requirement.

Height limitations are established to ensure that buildings and structures shall not unnecessarily impact upon the privacy, views, or desirability of development of adjoining sites. Unless otherwise noted, the height limit for all buildings is 35 feet.

Height Exception.

The height limits which may be enacted in this ordinance for the various districts shall not apply to church spires, belfries, cupolas, or domes not used for human habitation, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

Supplementary Yard Regulations.

Side or Rear Yard at Abutting Districts.

Where a side lot line or rear lot line, or both, of a lot in a business or industrial district abuts upon the side or rear lot line of a lot in any residential or business district, the width of the side yard and depth of the rear yard shall be as follows:

Side or Rear of Lot in:	Abuts Lot in:	Width of side yard in less restricted district	Depth of rear yard in less restricted district
Business	Residential	20 feet	20 feet
Industrial	Residential	40 feet	40 feet
Industrial	Business	20 feet	20 feet

Reversed Corner Lot.

In any district, a reversed corner lot shall have provided on the intersection or side street of the corner lot, a desired side yard having a width equal to the depth of the front yard required for a structure on the lot to the rear of the corner lot.

30 Degree Angle Rule: Upon the approval of the City Manager, the corner lot side yard width equal to the depth of the front yard on the lot to the rear of the corner lot may be reduced to a lesser side yard depth as a result of the intersection formed by the corner lot rear lot line and a 30 degree angle measured from the rear lot’s flush point of the main street facing exterior wall at the front door (See 30 Degree Figure Below). The following apply:

*	At no time will a corner lot side yard depth be less than 15 feet measured from the side yard lot line.
*	The 30 Degree Rule does not apply to reverse corner lots if there is a City right of way (alley, utility easement) separating the two adjoining lots.
*	Privacy fences not to exceed six feet and six inches (6'-6") may be erected on the lot lines out to the 30 Degree Rule intersection point establishing the corner lot side yard depth.

Projecting Architectural Features.

Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projection of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, provided that such projections shall not extend into any utility easement or extend more than two feet into any required front or rear yard. Open fire escapes may extend into any required yard not more than three and one-half feet. Architectural features shall adhere to a minimum of ten feet (10') of separation from any adjoining lot structure.

Accessory Structures.

Side Yard and Rear Yard Requirements:

All accessory structures in residential zoning districts shall be subject to the area and setback requirements in the following table.

ACCESSORY STRUCTURE SETBACK REQUIREMENTS
	Zoning District
	R-1	R-2	R-3
Minimum Side Yard Setback	5 ft.	5 ft.	5 ft.
Minimum Rear Yard Setback	5 ft.	5 ft.	5 ft.
Maximum Width (% of Rear Lot Width)	30%	30%	30%
Maximum Area (% of Rear Yard occupied within aforementioned setbacks.)	25%	25%	25%

Reversed Corner Lot.

No accessory structure on a reversed corner lot shall be erected or altered nearer to the intersecting or side street line than the front building line to be observed by any structure on the lot to the rear of the corner lot.

If at the approval of the City Manger the Reversed Corner Lot has enacted the 30 Degree Rule for side yard depth, no accessory structure shall be erected or altered nearer the intersection formed by the corner lot rear lot line and a 30 degree angle measured from the rear lot’s flush point of the main street facing exterior wall at the front door. Under the 30 Degree Rule, no accessory structure is allowed in a side yard nearer than 15' from the side yard lot line.

Height Limit.

The height of an accessory structure to a dwelling shall not exceed fourteen (14) feet or the height of the dwelling, whichever is less.

Fences and Walls.

Permit Required.

Except as otherwise provided herein, no person shall erect, alter or relocate any fence or wall within the City without first having been issued a permit therefor.

Permit Fee.

There is no charge for permits for fences that are six feet in height or lower, or for walls (excluding retaining walls) that are four feet in height or lower. A building permit application and related building permit fee shall be required for fences that exceed six feet in height and for walls that exceed four feet in height.

Application Procedures.

(1)

Agricultural, single-family, and two-family uses.

Each application for a permit under this section shall be submitted to the Building Official on forms provided by the City. Each application shall include a site plan drawn to scale showing the location of the house(s), garage(s), and other improvements on the lot, all lot lines, and the location of the fencing or wall to be erected, altered or relocated.

(2)

Uses other than agricultural, single-family, or two-family.

Request for fencing or walls shall be processed as part of and according to the procedures of the site plan review.

General Provisions.

Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions:

(1)

No fences or walls shall be placed on or extend into public rights-of-way except as determined necessary by the governing body or its agent(s).

(2)

All fences (hedges and plantings excluded) and walls shall require a fence/wall permit under this Section, unless a separate building permit is required for the fence or wall, or unless the fence or wall does not require a building permit and is authorized on an approved site plan. Fence/wall permits may be issued by the Building Official or designee, if all requirements of this Chapter have been met.

(3)

Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.

(4)

No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner.

(5)

A survey may be required by the Building Official for all fences (except hedges and plantings) or walls to be constructed on or within six feet from the lot line, unless corner property stakes are in place and marked, or written authorization is received from both parties where neighbors are involved. Additionally, retaining walls shall not be placed within any drainage or ponding easement unless also reviewed and approved by the Building Official.

(6)

A fence with a minimum height of three feet shall be required on the top of any retaining wall, and on the top of any tiered retaining wall that requires a building permit. The City Manager may grant exceptions to this provision if the retaining wall does not pose a public safety concern.

(7)

Fences shall not be constructed from plywood, corrugated metal, branches, or materials originally intended for other purposes (such as agricultural, as in T-posts), UNLESS upon the illustration of a high degree of workmanship quality achieved through the use of such, prior approval is granted by the Building Official.

(8)

No fences or walls shall be placed within a wetland or required wetland buffer, cross over a required rain garden, or extend below the ordinary high water level of a lake, stream, or water quality/detention pond.

(9)

No fence or wall, other than the wall of a permitted structure shall be erected or altered in any front yard to exceed the height of four feet (4'). For purposes of this section, the front yard area shall be defined as the total area created when drawing a parallelogram that consist of perpendicular lines drawn from each side of the principal structure from its forward edge to the edge of lot lines defining the property. The maximum height of a privacy fence (side yard and/or rear yard fence) shall not exceed 6 feet 6 inches above the elevation of the principal structure’s adjacent foundation.

(10)

On City Manager approval, properties with rear or side yards that abut any railroad may be authorized privacy fencing heights not to exceed eight feet (8') along the railroad right-of-way only.

Vision Clearance.

On any corner lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected in excess of three feet (3') in height, and no hedge, shrub, tree or other growth shall be maintained in excess of three feet (3') in height within the triangular area formed by the intersecting lot lines as measured from the existing corner property pin and a straight line connecting edge of lot lines at points 15 feet from the corner property pin measured along each lot line.

Nonconforming Fences.

It is the intent of this Ordinance to allow the continuation of such nonconforming fences until they are discontinued as provided herein. However, it is not the intent of this Chapter to encourage the survival of nonconforming fences and such fences that are declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions:

(1)

An existing fence not allowed by this Ordinance in the district within which it is located, except when required by law or ordinance, shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this Ordinance. Maintenance of a nonconforming fence will be allowed when this includes necessary repair and incidental alterations which do not expand or intensify the nonconforming fence.

Storage in Front and Side Yards.

There shall be no storage of vehicles (other than noncommercial off-street parking), or storage or display of any merchandise or materials of any kind in any front yard required by this ordinance in any district. There shall be no storage of vehicles or storage of any merchandise or materials of any kind in any side yard or rear yard required by this ordinance that abuts any residential district unless screened by privacy fencing from residential view.

(Ordinance 2017.3.2, sec. 2, adopted 3/14/17)

§ 4 OFF-STREET PARKING REQUIREMENTS.

General Requirements - When Applicable.

No building or structure shall be designed, erected, altered, used, or occupied, and no use shall be operated in any zoning district unless the off-street parking facilities herein required are provided. Off-street parking requirements do not apply to the land in the CBD district. Off-street parking facilities in excess of the amounts heretofore required need not be provided or maintained for land, buildings, structures or uses actually used, occupied and operated on the effective date of these regulations. In the event that after the effective date of this ordinance, land, buildings, structures or uses are enlarged, expanded, or changed, the land, buildings, structures and uses hereby excluded shall not be used, occupied, or operated unless there is provided, for any increment of such land, building, structure or use, at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate tract of land, or a separate building, structure or use.

Responsibility for Provision of Facilities.

The provision for and maintenance of off-street parking facilities herein required shall be the joint and several responsibility of the operator and owner of the land, building, structure or use on which is located the use for which off-street parking facilities are required.

Size and Location.

Each off-street parking space shall be not less than nine feet by 18 feet, exclusive of access or maneuvering area, ramps and other appurtenances. Except as otherwise permitted under a special plan for location or sharing of facilities, off-street parking facilities shall include adequate maneuvering room and shall be located on the lot on which the use for which they are provided is located, with the following exceptions; that maneuvering room will not have to be located on the same lot of one-and two-family dwellings. Off-street parking facilities, including interior landscaped islands, peninsulas and median, may occupy a portion of the required front yard, provided the following: 1) parking or drive is at least 10 feet from the lot line; 2) the total front yard area (length of lot frontage times the required setback) is not reduced. No parking space shall be nearer than 10 feet to any adjacent residential lot line, except that the driveway for a single-family dwelling or duplex unit may extend to the side yard if it is to have a rear or side entry garage.

Construction and Maintenance.

Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

Drainage and Surfacing.

All commercial parking areas, vehicle maneuvering areas and driveways shall be paved with concrete, asphaltic concrete, asphalt, brick or interlocking paving blocks, or other durable and all-weather material acceptable to the City Manager.

Driveway and parking areas for a single-family dwelling shall be paved with concrete, asphaltic concrete, asphalt, brick, interlocking paving blocks gravel, crushed stone, or another durable and all-weather material acceptable to the City Manager.

All facilities shall be properly graded for drainage and maintained in good condition, free of weeds, dust, trash and debris.

Wheel Guards:

Boundary or perimeter areas shall be provided with wheel guards or bumper guards in all parking areas for commercial or industrial uses, so located that no part of a parked vehicle will extend beyond the lot line of the parking area.

Protective Screen Fencing:

Parking areas for commercial or industrial uses adjacent to residential properties shall be provided with solid protective screen fencing so that adjacent residential occupants are not unreasonably disturbed, during day or night, by the movement of vehicles.

Lighting:

Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use.

Entrances and Exits:

Parking areas shall be provided with entrances and exits so located as to minimize traffic congestion.

Prohibition of Other Uses:

Parking areas shall not be used for any business involving the sale, repair, dismantling or servicing of any vehicles, or the sale of any equipment, materials, or supplies.

Combined Facilities.

The off-street parking facilities required of two or more uses located on the same lot may be combined and used jointly, provided, however, that where the facilities are combined and used by two or more uses, the off-street parking facilities shall be adequate in area to provide ninety percent of the sum total of the facilities required of all such uses.

Determination of Minimum Requirements.

The minimum requirements for off-street parking facilities are found in Subsection I hereof. The classifications of uses enumerated in the table in Subsection H [Subsection I] are general and are intended to include all similar uses. Where the classification of use is not determinable from said table, the City Manager shall determine the appropriate classification.

Limitations on Separation from Use.

Off-street parking facilities may be located on a separate site from the lot on which the use is located, provided such separate lot is not separated from the primary use lot by a street and is no further than 300 feet. This distance shall be measured by a straight line from the nearest point of the lot on which the use is located to the nearest point of the separated off-street parking facilities.

[Reserved.]

Editor’s note–The ordinance did not contain a subsection H.

Table of Off-Street Parking Requirements.

The requirements for off-street parking facilities in all districts shall be governed by the following table. Each fractional parking space required by the table shall be rounded up to the next whole number.

OFF-STREET PARKING REQUIREMENTS
USES	MINIMUM PARKING SPACES REQUIRED
Dwelling (all except DMF)	2 for the first three bedrooms plus 1 for each additional bedroom in each dwelling unit
Dwelling, Multifamily (DMF)	1.5 for each studio, one- or two-bedroom dwelling unit; 2 for each dwelling united with 3 or more bedrooms
Retirement Community	0.5 for each dwelling unit plus 1 per employee/shift
Church, auditorium, theater, gymnasium, assembly hall, convention hall, stadium, funeral home	1 for each 5 seats plus 1 per employee
Health Clinic	1 for each 100 square feet of gross floor area plus 1 per 2 employees
Hospital	1 for each 2 beds plus 1 per employee/shift and 1 per staff doctor
Nursing Home	1.5 for each 4 beds plus 1 per employee/shift
Office	1 for each 300 square feet of gross floor area plus 1 per 2 employees
Library, club or lodge	1 for each 300 square feet of gross floor area
Hotel, motel, travel trailer court	1 for each guest room or travel trailer space, plus 1 for each 2 employees. (Bars and restaurants are counted as additional uses.)
General retailing, business and commercial uses	1 for each 300 square feet of gross floor area plus 1 per 2 employees/shift
Retailing with outdoor sales yards	2 for each 1,500 square feet of site area
Gas station	1 for each 300 square feet of gross floor area plus 1 per employee
Restaurant	1 for each 100 square feet of gross floor area
Bar, nightclub	1 for each 150 square feet of gross floor area
Outdoor recreation and entertainment facilities	1 for each 800 square feet of outdoor recreational area
Manufacturing, processing, wholesaling	1 for each 400 square feet of gross floor area
Warehousing	1 for each 1,000 square feet of gross floor area
Shopping Center	1 for each 175 square feet of gross floor area plus 1 per 2 employees/shift

(Ordinance 304 adopted 12/21/00; Ordinance 2016.11.1, sec. 19, adopted 11/8/16; Ordinance 2016-11.1, sec. 21, adopted 11/8/16)

§ 5 OFF-STREET TRUCK LOADING REQUIREMENTS.

General Requirements - When Applicable.

Truck loading facilities as hereinafter provided shall be required in all districts for buildings or structures containing uses of a nonresidential nature.

No building or structure shall be designed, erected, altered, used or occupied unless the off-street truck loading facilities herein required are provided. Off-street truck loading facilities in excess of the amounts heretofore required need not be provided or maintained for buildings or structures actually used, occupied, and operated on the effective date of this ordinance. In the event that such buildings or structures are enlarged, expanded, or changed, the buildings and structures hereby excluded shall not be used, occupied, or operated unless there is provided, for any increment of such buildings or structures, at least the amount of off-street truck loading facilities that would be required hereunder if the increment were a separate building or structure.

Responsibility for Provision of Facilities.

The provision for and maintenance of the off-street truck loading facilities required shall be the joint and several responsibility of the operator of the use and the owner of the land upon which the use requiring the facilities is located.

Types and Location.

Types:

For the purposes of this ordinance there shall be two sizes of off-street truck loading space, designated “Large” and “Small.”

Large Spaces:

Each “large” space shall have an overhead clearance of at least 14 feet, shall be at least 12 feet wide, and shall be at least 50 feet long, exclusive of access or maneuvering area, platform, and other appurtenances.

Small Spaces:

Each “small” space shall have an overhead clearance of at least 10 feet, shall be at least eight feet wide, and shall be at least 20 feet long, exclusive of access or maneuvering area, platform, and other appurtenances.

Location:

Off-street truck loading facilities shall be located on the same lot on which the structure for which they are provided is located.

Construction and Maintenance.

Off-street truck loading facilities shall be constructed, maintained and operated in accordance with the following specifications:

Drainage and Surfacing:

Loading facilities shall be properly graded for drainage, surfaced with concrete, or asphaltic concrete, or asphalt, and maintained in good condition, free of weeds, dust, trash, and debris.

Protective Screen Fencing:

Parking areas adjacent to residential properties shall be provided with solid protective screen fencing so that adjacent residential occupants are not unreasonably disturbed, during day or night, by the movement of vehicles.

Lighting:

Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use.

Entrances and Exits:

Loading facilities shall be provided with entrances and exits so located as to minimize traffic congestion.

Combined Facilities.

Requirements for the provision of off-street truck loading facilities with respect to two or more uses may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common truck loading facility, cooperatively established and operated; provided, however, that the total number of spaces designated is not less than the sum of the individual requirements unless, in the opinion of the City Manager, a lesser number of spaces will be adequate, taking into account the respective times of usage of the truck loading facilities by the individual users, the character of the merchandise, and related factors. In order to eliminate a multiplicity of individual facilities, to conserve space where space is at a premium and to promote orderly development generally, the City Manager is hereby authorized to plan and group off-street truck loading facilities cooperatively for a number of uses requiring such facilities within close proximity to one another in a given area, and especially in the central business district, in such manner as to obtain a maximum of efficiency and capacity, provided consent thereto is obtained from the participants in the cooperative plan.

Minimum Requirements.

The following minimum truck loading spaces shall be provided in all districts for structures containing the uses enumerated in Subsection A above.

GROSS FLOOR AREA IN STRUCTURE	MINIMUM NUMBER OF SPACES
Up to 12,500 square feet	1 Small
12,501 to 25,000 square feet	2 Small
25,001 to 40,000 square feet	1 Large
40,001 to 100,000 square feet	2 Large
Each additional 80,000 over 100,000 sq. ft.	1 Large

(Ordinance 304 adopted 12/21/00)

§ 6 NONCONFORMING USES, STRUCTURES AND LOTS.

Nonconforming Uses.

The lawful use of land existing on the date of this ordinance, although such use does not conform to the provisions of this ordinance, may be continued, subject to the provisions hereof.

A nonconforming use if changed to a conforming use or a more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

If by amendment to this ordinance any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this ordinance relating to the nonconforming use of the premises, structure or lot existing upon the effective date of this ordinance shall apply.

If such nonconforming use is discontinued for a period of one year or more, and no effort has been made to continue the nonconforming use, any future use of such premises shall be in conformity with the provisions of this ordinance. (See definition for discontinuance of use.) If reasonable effort has been made to continue the nonconforming use, or the property has been offered for sale for the purpose of continuing the nonconforming use, then the nonconforming use may continue subject to application within the one-year period and approval via the provisions and processes described in Article V of this ordinance.

The one-year discontinuance provision does not regulate nonconforming seasonal uses. The regulation for nonconforming seasonal uses is the following: if the given use is discontinued for an entire season, any future use of such premises shall be in conformity with the provisions of this ordinance

Nonconforming Structures.

Continuance of Nonconforming Structures:

The lawful use of any building or structure existing on the date of adoption of this ordinance may be continued even though such use does not conform to the provisions of this ordinance, and such use may be extended throughout the building or structure, provided no structural alterations except for those required by law or ordinances are made herein.

NOTE: If the nonconforming structure use is more restrictive than the zone in which it is located, one instance of structural alteration, with a square footage of not more than twenty percent of the existing structure’s total square footage, may take place to an existing structure.

Enlargement or Extension of Nonconforming Structures:

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended. A nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this ordinance established for structures in the district in which the nonconforming structure is located.

In the case of partial destruction by fire or other causes not exceeding fifty percent (50%) of its value, the structure or building may be permitted for reconstruction. If lot setback distances were the nonconforming use of a structure, and the structure has been damaged to the extent of less than 50% loss of value, and the structure is to be permitted for reconstruction, every effort shall be made to achieve setback distances as described in this ordinance. If destruction is greater than fifty percent (50%) of its value, the City Council may approve a permit application for repair or replacement after a public hearing, and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this ordinance.

If the nonconforming use is a dwelling, single-family detached (DSFD), including a manufactured home used as a single-family dwelling, the structure may be reconstructed or replaced by a structure that is to be used in the same manner. A manufactured home may be replaced by a single-family dwelling, site-built home.

Nonconforming Lot Area.

On any lot or tract of land subdivided or platted before the date of adoption of this ordinance, such lot or tract being of record at the time, a dwelling, single-family detached (DSFD) may be erected even though the lot is of less area than required by the regulations relating to area in the district in which it is located; provided, however, in any event, the combined area of the dwelling and accessory buildings shall not cover more than 40 percent of the total area of the lot.

(Ordinance 304 adopted 12/21/00; Ordinance 326 adopted 11/13/01; Ordinance 2016.11.1, sec. 21, adopted 11/8/16)