Where more than 25% of the total floor area
of any building in a commercial district is used for dwelling purposes
in a building which may also contain nonresidential uses, the minimum
height, area, and bulk requirements for residential development applicable
in the district in which such building is located shall apply subject
to the side yard modification for mixed uses contained elsewhere in
this article. Where 25% or less of the total floor area of such building
is used for dwelling purposes, the building shall be subject to the
height, area and bulk requirements applicable to nonresidential buildings
in the district.
[1]
Editor's Note: Former Sections 1 through 13
of this article, which immediately preceded this section, were deleted
1-8-1992 by Ord. No. 92-001. See now the Table of Height, Area and
Bulk Requirements located at the end of this chapter.
The following modification of height regulations
will apply in all districts with approval of the Planning Commission:
A.
Except within an area defined as an Airport Approach
Zone by the Federal Aviation Agency, the height limitations of this
article shall not apply to:
(1)
Belfries.
(2)
Chimneys.
(3)
Church spires.
(4)
Conveyors.
(5)
Cooling towers.
(6)
Elevator bulkheads.
(7)
Fire towers.
(8)
Flag poles.
(9)
Ornamental towers and spires.
(10)
Private and/or commercial radio and television
towers 150 feet and less.
(11)
Public monuments.
(12)
Smoke stacks.
(13)
Stage towers or scenery lofts.
(14)
Tanks.
(15)
Transmission lines and their supporting elements,
except in the HD Historic District, where all aerial wires (electric,
telephone, cable television, etc.) and supporting poles shall be removed
no later than 10 years from the date of passage of this chapter.
B.
Except within an area defined as an Airport Approach
Zone by the Federal Aviation Agency, churches and temples may be erected
to a height not exceeding 75 feet when the required side and rear
yards are each increased by at least one foot for each one foot of
additional building height above the height regulations for the district
in which the building is located.
C.
Exceptions to height limits, institutional uses. Public and private
institutional uses, including government buildings, hospitals, schools,
and other similar structures, as determined by the Town Manager or
designee, may be built to a maximum of 55 feet, including roof-mounted
structures, provided that the front, side, and rear setback requirements
shall each be increased by one additional foot for each five feet
that the structure exceeds the height limit established for the applicable
zoning district.
[Added 1-23-2019 by Ord.
No. 2018-06]
The following lot area will apply in all districts
as noted:
A.
If a current owner acquired title to a lot by means
of a deed or instrument which was of record prior to the application
of any zoning regulations and restrictions governing width of lots
and lot area per family as to the premises, and if such lot does not
conform to the requirements of such regulations and restrictions,
the provisions of such lot area per family and lot width regulations
and restrictions shall not operate to prevent the owner of such lot
from erecting a single-family dwelling.
[Amended 9-12-2018 by Ord. No. 2018-03]
B.
Requirements for lot area per family do not apply
to dormitories, fraternities, sororities and other similar living
quarters which are accessory to a permitted use in an ED Education
District.
C.
In an HC Highway Commercial District, UB1 Urban Business
District, UB2 Neighborhood Business District or UB3 Professional Business
District, the requirements of lot area per family do not apply to
rental units in a hotel, motel or motor lodge or bed-and-breakfast
inn.
D.
Two rooms of a detached single-family dwelling may
be rented separately without any additional requirements of lot area
per family, provided that off-street parking receives full compliance.
The following yards and open space will apply
in all districts as noted:
A.
Where these regulations refer to side streets, the
Town Manager shall be guided by the pattern of development in the
vicinity of the lot in question in determining which of the two streets
is the side street.
B.
Every part of a required yard shall be open to the
sky, except as authorized by this chapter, and except ordinary projections
of sills, belt courses, chimneys, cornices and ornamental features
which may project to a distance not to exceed 24 inches into a required
yard. Window air-conditioning units may project a distance not to
exceed 36 inches.
C.
More than one main building may be located upon a
lot or tract in the following instances. The provisions of this exception
shall not be construed to allow the location or erection of any building
or portion of a building outside of the buildable area of the lot.
The following front yards will apply in all
districts as noted:
A.
On through lots, the required front yard shall be
provided on each street.
B.
There shall be a front yard of at least 15 feet on
the side street of a corner lot in any district, except HD or UB1
Districts.
C.
On a street or road with existing buildings having
a front yard setback that is less than that required in the district,
any new or relocated building may have a front yard setback that is
equal to the average setback of those existing buildings located on
the same side of the street or road and being within 300 feet of the
new or relocated building. Any vacant lot shall be calculated as having
the required setback for the district.
The following side yards and rear yards will
apply in all districts as noted:
A.
For the purpose of the side yard regulations, a group
of business or industrial buildings separated by common or party walls
shall be considered as one building occupying one lot.
The following corner visibility will apply in
all districts as noted:
A.
No sign, fence, bush, tree, other planting, landscaping
or wall extending to a height in excess of three feet above the established
street grade shall be erected or maintained within the area of a corner
lot that is included between the lines of the intersecting streets
and a straight line connecting them at points 25 feet in distance
from the intersection of the street lines.
[Amended 9-12-2018 by Ord. No. 2018-03]
The following accessory buildings and structures
will apply in all districts as noted:
A.
Except as herein provided, no accessory building shall
project beyond a required yard line along any street.
B.
Filling station pumps and pump islands may occupy
the required yards; provided, however, that they are not less than
20 feet from property lines.
C.
Any fence or wall for residential use, no more than
four feet in height, may project into or enclose any required front
or side yard to a depth from the street line equal to the required
depth of the front yard. Any fence, hedge or wall for residential
use may project into or enclose other required yards, provided that
such fences, hedges and walls do not exceed a height of six feet.
This height limit does not apply to fences or walls used for industrial
screening or tennis courts. Every such fence must be approved by the
Town Manager.
D.
Permitted accessory storage of a boat, boat trailer
or camp trailer shall not be conducted in a front yard.
E.
Detached garages or accessory buildings, larger than
180 square feet of area, may be constructed in a rear yard with setbacks
as required in each district.
F.
Handicapped ramps, installed or added in order to provide access
to handicapped persons, which project into any applicable setback
requirement, may be submitted to the Town Manager for administrative
review and approval, without fee and without the need for a formal
variance. An applicant dissatisfied with the decision of the Town
Manager may appeal to the Board of Adjustment without fee.
[Added 1-8-1992 by Ord. No. 92-001]
Minimum street frontage may be reduced on culs-de-sac
or dead end streets, provided that the minimum front yard setback
is extended from the point where the minimum lot width of 60 feet
is achieved and total lot area exceeds 10,000 square feet as approved
by the Planning Commission.
[Added 1-8-1992 by Ord. No. 92-001]
The front or entrance of main buildings located
within all districts shall face toward a state maintained roadway
or Town maintained street as determined by the Planning Commission,
except within professional or business complexes approved by the Planning
Commission.
[Added 12-16-1992 by Ord. No. 93-001]
Any residential lot created after the adoption of this section, within a major subdivision in the Town, as that term is defined by Chapter 194, Subdivision of Land, as amended, and located within 200 feet of an existing major subdivision in the Town, shall have a minimum lot area either equal to the average lot area of all residential lots located within the adjoining major subdivision, or as required by the applicable district regulations, whichever is greater.
