[Amended 4-4-2011 by Ord. No. 2010-14]
On a legal lot of record which existed on the
effective date of this chapter or any amendment thereto, or which
existed at the time of the application of this chapter or any amendment
thereto to the lot by reason of annexation, which does not fulfill
the regulations for the minimum lot area and/or 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, providing
the yard and other requirements of this chapter are not less than
the minimum specified for the zone in which the lot is located.
A.
Allowable projections of structure into yards and
other modifications to yard requirements. Architectural features of
buildings such as windowsills, cornices, roof overhangs, open fire
escapes, fireproof outside stairways, chimneys and flues may project
into the required yard not more than six feet. Unenclosed porches
and decks may project into the required side and rear yards a distance
not to exceed 1/2 of the required yard distance. Unenclosed ground
floor terraces or unenclosed patios may extend into any yard area
but may not be closer than six feet to a lot line.
B.
Side yards not required for second story residential
uses in nonresidential structures. Side yards shall not be required
for residential dwellings erected above commercial structures.
C.
Allowable projections of business structures into
yards. Signs, awnings, canopies, marquees, as attached to and part
of a building, may project into the front yard in the commercial districts
only.
D.
Front yard depth modifications along developed streets.
In order to maintain an established street character, the Planning
Commission may allow the required front yard depth for a proposed
building to be the same as the average front yard depth of the adjacent
buildings on the same side of the street. In no case shall the front
yard of the proposed building be less than 20 feet.
Chimneys, church steeples, cooling towers, elevators,
bulkheads, fire towers, monuments, stacks, stage towers, or scenery
lofts, tanks, water towers, spires, radio and television towers, grain
elevators, or other such architectural and mechanical appurtenances
may exceed the height regulations, provided that the required setback
of the appurtenance is increased at least one additional foot for
each foot that the height limit is exceeded.
In the case of lots located along the circumference
of a cul-de-sac, the minimum lot width shall be measured (arc definition)
at the required minimum front building setback line and there shall
be provided a minimum front lot line width of not less than 50% of
the minimum lot width.
In any residential district, on parcels of 30
acres or greater where the Planning Commission deems it to be in the
public interest to require the dedication of land within a proposed
development for specific public purposes beyond those normally required
of the development, the Planning Commission may recommend the land
dedication and a corresponding reduction of lot area, lot width and
setback requirements to the Town Council. The reduction in lot area,
lot width and setback requirements shall be equal to the percent of
the development site dedicated to the specified public use, but in
no event shall the reduction be greater than 20%. The maximum density
of the zoning district in which the site is located shall not be exceeded.
Any land dedication or reduction in lot requirements considered pursuant
to this section of this chapter shall be subject to a final decision
of the Town Council.
A.
Front yard setback. Corner lots or any lot abutting
more than one street shall maintain the front yard setback required
by the zoning district in which the lot is located along each street
frontage.
B.
Rear yard setback. Corner lots shall maintain one
rear yard setback, and the dwelling shall be oriented on the lot so
that the functional rear of the dwelling abuts the rear yard area.
