No land or premises shall be used and no building
or structure shall be erected, raised, moved, extended, enlarged,
altered or used for any purpose other than a purpose permitted herein,
for the zone district in which it is located, and all construction
shall be in conformity with the regulations provided for the zone
district in which such building or premises is located.
Each of the sections and provisions of this
article shall apply to all zone districts unless otherwise stated.
A. No building or structure or part thereof shall be
constructed, reconstructed, structurally altered or moved until the
appropriate construction permit has been procured from the Construction
Code Official.
B. No construction permit shall be issued for the erection,
construction, reconstruction, structural alteration or moving of any
building or structure or part thereof, unless the plans and intended
use indicate that such building or structure is designed and intended
to conform in all respects to the provisions of this chapter.
C. A record of all applications, plot plans, permits
and fees shall be kept by the Construction Code Official.
D. Prior to the issuance of a permit for the erection of any new structure or addition to an existing structure, a lot grading plan, drawn in accordance with the details required by §
300-43D(14), shall be submitted to and approved by the Construction Code Official.
A. The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Construction
Code Official, the Zoning Officer or the Health Inspector (as appropriate):
(1) Occupancy and use of a building erected, structurally
altered or moved or any change in the use of an existing building.
(2) Occupancy, use or any change in the use of any land.
(4) Change in occupancy (except in the case of a multifamily
residential unit).
B. Application for a certificate of occupancy, on a form
furnished by the Construction Code Official, for a new building or
for an existing building which has been altered, shall be made after
erection of the building or part thereof has been completed in conformity
with the provisions of this chapter and the Uniform Construction Code and, in the case of a new building, shall be accompanied
by an accurate survey prepared by a land surveyor licensed by the
State of New Jersey showing the location of all buildings as built.
The certificate shall be issued within 10 days after receipt of the
application, but only provided that all requirements of this chapter
and of all other applicable codes and ordinances in effect are complied
with.
C. If the proposed use is in conformity with the provisions
of this chapter and of all other applicable laws and ordinances, a
certificate for the use of vacant land or for a change of use of a
nonconforming use shall be issued by the Construction Code Official
within 10 days after receipt of a written application therefor. If
a certificate of occupancy is denied, the Construction Code Official
shall state the reasons in writing.
D. Application for a certificate of occupancy for a change
of ownership or occupancy in existing buildings shall be made to the
Construction Code Official, the Zoning Officer or the Health Inspector.
A certificate of occupancy shall be issued if the premises and the
proposed new occupancy are in compliance with applicable statutes,
regulations and ordinances, including the following:
(2) Property Maintenance Code.
(3) Smoke Detector Ordinance.
E. Every application for a certificate of occupancy shall
be accompanied by the following fee:
(1) Vacant residential land: $25.
(2) One-family residence: $25.
(3) Two-family residence $50.
(4) Multifamily residence: $25 per unit.
(5) Industrial building and/or vacant land: $100.
F. The certificate shall specify each condition or use
not conforming to this chapter.
G. The appropriate official shall issue such a certificate
if inspection establishes that no provision of this chapter has been
violated.
H. A record of all certificates of occupancy shall be
kept in the office of the Construction Code Official and copies shall
be furnished on request to any agency of the Town or to any persons
having a proprietary or tenancy interest in the building or land affected.
A. Any lot or plot as recorded at the time of passage
of this chapter that fails to comply with the minimum requirements
of this chapter may be used for any use not otherwise prohibited in
such district in which it lies, provided that all of the following
requirements are complied with:
(1) The lot is in a single ownership as defined in this
chapter.
(2) All yard requirements are complied with except that
where the average lot width is less than its zone district requirements
the side yards may be reduced by the percentage that the lot width
bears to the zone district requirements; provided, however, that no
side yard shall be less than six feet.
B. The use of two or more lots in common ownership where the same do not comply with the minimum requirements of this chapter shall be determined by the Planning Board on the basis of neighborhood character and good planning, upon application pursuant to Article
VI.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make the area or dimension
less than the minimum required under this chapter. If already less
than the minimum required under this chapter the area or dimension
shall not be further reduced.
[Amended 7-18-2005 by Ord. No. 20-2005]
On a corner lot, the existing or proposed front of a building facing the street shall be considered the front yard in terms of required setback. All other streets shall be considered side streets for the purpose of determining minimum setback requirements. (See Schedule of Zoning Requirements
included as an attachment to this chapter.) The yard lying opposite the front yard shall be deemed the rear yard.
[Added 7-18-2005 by Ord. No. 20-2005]
A. Within the B-1, B-2, B-3, B-4, C-1 and C-2 Districts,
every building hereafter constructed, erected or placed for a use
as permitted by this chapter shall face or front said building upon
an approved public street.
B. Within the B-5 District, every building hereafter
constructed, erected or placed for a use as permitted by this chapter
shall face the interior portions of the particular development, provided
that each such building with the rear wall facing a public right-of-way
or residential district shall be suitably screened.
C. Within the I-1 and I-2 Districts, every building hereafter
constructed, erected or placed for a use permitted by this chapter
shall face or front upon an approved public or private street, or
common access driveway. Any building with the rear wall facing a
public-right-of-way or residential district shall be suitably screened.
D. Within all single- and two-family residential districts,
every building containing a dwelling unit hereafter constructed, erected
or placed for a use permitted by this chapter shall face or front
upon an approved public street.
E. Within all multifamily residential districts, each
building containing a dwelling unit hereafter constructed, erected
or placed for a use permitted by this chapter shall face or front
upon an approved public or private street.
No lot shall contain more than one principal
building except as follows:
A. Apartments, townhouses, low and moderate income housing
and housing for the elderly as hereinafter permitted in this chapter.
B. Designed shopping centers as permitted in the B-3
District.
C. Principal buildings in the C-1, C-2, I-1 and I-2 Districts,
provided that:
(1) The buildings serve the same principal use, except
that in the I-1 District more than one principal building, each serving
a different use, is permitted, provided that each building and off-street
parking facilities accessory to it are so located that a separate
lot containing them and meeting all other requirements of this chapter
can be created.
(2) The buildings conform to the requirements for principal
buildings.
(3) The minimum distance between the buildings is twice
the minimum side yard requirement for the zone district.
D. Where not provided above or elsewhere in this chapter,
the distance between principal buildings shall not be less than the
height of the shorter building, but in no event less than 10 feet.
Unless otherwise regulated in this chapter:
A. Accessory structures in nonresidential zones shall
not exceed a height of 1/2 the permitted height of a principal building.
In the R-1 Zone, accessory structures shall not exceed 800 square
feet in total area or fifteen feet in overall height; and in R-2 and
R-3 Zones, accessory structures shall not exceed 600 square feet in
overall area or fifteen feet in overall height.
[Amended 11-18-2002 by Ord. No. 19-2002]
B. Accessory structures shall meet the front yard setback
required for principal buildings.
C. Accessory structures on corner lots shall meet the
setback from the side street required for principal buildings.
D. Accessory structures erected within the side yards
shall meet the side yard setback required for principal buildings.
E. Accessory structures shall not be closer than five
feet to a rear lot line, except that in the B-3, C-1, C-2, I-1 and
I-2 Zones, accessory structures shall not be located closer to a rear
lot line than the minimum required side yard distance.
F. Accessory structures in rear yards shall not be closer
than five feet to a side lot line, except that on lots less than 60
feet in width accessory structures need not set back more than three
feet from a side lot line, and further excepting that in the B-3,
C-1, C-2, I-1 and I-2 Zones, accessory structures shall not be located
closer to a side lot line than the minimum required side yard.
G. Unless attached to and, therefore, part of a principal
building, an accessory structure shall not be closer to a principal
building than one foot for each five feet in height, but in no event
less than six feet.
H. Unless attached to and therefore part of another accessory
structure, an accessory structure shall not be closer to another accessory
structure than one foot for each five feet in height, but in no event
less than six feet.
I. Excepting height limitations, the provisions of this
subsection shall not apply:
(1) To patios, sidewalks, driveways and similar surface
installations.
(2) To flagpoles, lamp posts, cooking grills, statues,
monuments and similar landscaping, ornamental and utility fixtures.
(3) To fences and walls which are regulated in §
300-93.
(4) To signs which are regulated in other ordinances.
[Amended 7-18-2005 by Ord. No. 20-2005]
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter. Subdivisions shall be effected in accordance with Part
3 of this chapter. Flag lot configurations shall be prohibited.
Prior to the issuance of a building permit for any development other than a one-family or two-family dwelling on an individual lot and prior to the issuance of a certificate of occupancy for a change in use category, site plan approval shall be obtained in accordance with Part
3 of this chapter.
No building permit shall hereafter be granted
for the erection of a one- or two-family dwelling unless adequate
space has been provided for the construction of a garage, carport
or approved shelter for motor vehicles connected by an adequately
surfaced driveway to the adjacent street, road or land.
[Added 4-20-2009 by Ord. No. 7-2009]
It shall be unlawful to park any of the following on a lot in
a residential district or zone:
A. More than two commercial vehicles out of doors. No commercial vehicle
shall be parked in the required front yard of the nondriveway area
of the respective residential district or zone.
B. No more than two commercial vehicles owned or used by a resident
of any premises may be parked on each lot in a residential district
or zone. Over two commercial vehicles shall be kept in a garage.
C. It shall be unlawful to park any vehicle, at any time, on a lot in
a residential district or zone, which contains hazardous or dangerous
materials requiring DOT warning placards to be displayed on said vehicle.
D. None of the foregoing provisions shall be construed to limit the
number of vehicles used on a farm or require the garage of such farm
vehicles.
E. Any motor vehicle that requires a commercial driver's license to
operate.
F. Any motor vehicle in excess of 22 feet as measured bumper to bumper.
G. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMERCIAL VEHICLE
(1)
Any motorized vehicle registered with commercial plates. Examples
of vehicles registered with commercial plates include, but are not
limited to: OL plates, taxi plates, livery plates, T&LC plates,
school vehicle plates, and others. Vehicles displaying municipal (MG),
county (CG) or state (SG) plates or (NF) no-fee plates are exempt
from the requirements of this section.
(2)
Any vehicle required to display DOT warning placards.
(3)
A trailer or wheeled platform used in the pursuit of any enterprise
to transport any material which is connected to and pulled by a motorized
vehicle without which said trailer would be unable to transport itself
or the materials contained within. Any trailer in excess of 22 feet
as measured from tip of hitch to rear of frame. Any trailer containing
hazardous or dangerous materials requiring DOT warning placards to
be displayed on said trailer. Said vehicles shall be counted as one
commercial vehicle.
GARAGE
A permanent structure that is part of an existing residence
or a standalone permanent structure that complies with the Town of
Boonton Zoning and Land Use Code for a particular residential zone
or district.
Every lot must provide front, rear and side
yards as required by its zone district. All front yards must face
upon a dedicated public street or a private street. On streets less
than 50 feet in width, the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet.
If a width greater than 50 feet is shown on an adopted master plan
or official map, the required front yard shall be increased by 1/2
the difference between the width of the street and the greater width.
Notwithstanding the foregoing provisions, where existing buildings
in the R-1 (A, B and C), R-2 (A and B), R-3 (A and B) and B-4 Districts
and in the same block and within 200 feet from an established setback,
new buildings shall conform to such established line, provided no
front yard shall be reduced by more than 10 feet nor need be increased
more than 10 feet.
Where a use is not specifically permitted in
a zone district, it is prohibited.
[Amended by Ord. No. 31-95; Ord. No. 3-98]
Unless otherwise provided herein, all yards,
open spaces and off-street parking must be contained on the lot and
within the zone district in which the use is located. Notwithstanding
these limitations, off-street parking serving a use on one nonresidential
zone may be located in or extend into an adjoining property located
in another nonresidential zone provided the following conditions are
met:
A. The parking shall not extend beyond the property it
serves into the adjoining zone by more than 100 feet.
B. Ingress and egress to said parking shall be located
within the zone in which the use is located, provided, however, that
this requirement shall not apply where the lands involved are located
in a different municipality.
[Added 8-20-2018 by Ord.
No. 17-2018]
A. Any multifamily and/or townhouse residential development (including
the multifamily residential portion of a mixed-use project) that is
approved to contain five or more new dwelling units as a result of
a subdivision or site plan approval, rezoning, use variance, redevelopment
plan or rehabilitation plan approved by the Town or the Planning Board
shall be required to set aside a minimum percentage of units for affordable
housing.
[Amended 3-16-2020 by Ord. No. 01-2020]
B. For inclusionary projects in which the low and moderate units are
to be offered for sale, the minimum set-aside percentage shall be
20%; for projects in which the low- and moderate-income units are
to be offered for rent, the minimum set-aside percentage shall be
15%. Where the set-aside percentage results in a fractional unit,
the total set-aside requirement shall be rounded upwards to the next
whole number.
C. Nothing in this section precludes the Town or the Planning Board
from imposing an affordable housing set-aside in a development not
required to have a set-aside pursuant to this section consistent with
N.J.S.A. 52:27D-311, Subdivision h, and other applicable law.
D. This requirement does not create any entitlement for a property owner
or applicant for subdivision or site plan approval, a zoning amendment,
use variance, or adoption of a redevelopment plan or rehabilitation
plan in areas in need of redevelopment or rehabilitation, or for approval
of any particular proposed project.
E. This requirement does not apply to any sites or specific zones for
which higher set-aside standards have been or will be established,
either by zoning, subdivision or site plan approval, or an adopted
redevelopment plan or rehabilitation plan.
F. Furthermore, this requirement shall not apply to developments containing
four or fewer new dwelling units.
G. Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of dwelling units is five or more.
H. All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
I. All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter
70 of the Town Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time.
J. Affordable housing stacked townhouse unit, defined as a townhome
in which one unit is "stacked" on top of the other, up to three units
total, shall be permitted only for the provision of designated affordable
housing units and only in zone districts where townhouses are permitted.
Each of the units in a stacked townhome must have its own exterior
entrance and adhere to the density, yard, and bulk standards of a
regular townhouse unit as permitted in the applicable zone district,
except as follows:
[Added 3-16-2020 by Ord.
No. 01-2020]
(1) Stacked affordable townhouse units shall be subject to the same maximum
height in feet as regular townhouse units in the applicable zone district,
but shall be permitted up to a maximum of three stories, unless a
higher maximum height in stories is permitted for regular townhouse
units in the applicable zone district.
(2) Structures containing stacked affordable townhouse units shall not
be limited to a maximum number of units per building.
(3) Structures containing stacked affordable townhouse units shall not
be limited in terms of the maximum number of units with the same setback.
The control and regulation of the uses of buildings
and structures as herein provided shall equally apply to the nature
and extent of the use of the land.
The height provisions of this chapter shall
not apply to the erection of church spires, belfries, towers designed
exclusively for ornamental purposes, chimneys, flues, or similar appurtenances.
The height provisions of this chapter shall, moreover, not apply to
bulkheads, elevator enclosures, water tanks or similar accessory structures
occupying an aggregate of 10% or less of the area of the roof on which
they are located; and further provided that such structures do not
exceed the height limit by more than 10 feet. Nothing in this chapter
shall prevent the erection above the height limitation of a parapet
wall or cornice extending above such height limit not more than three
feet.
Prior to the erection of any new structure or addition to an existing structure, lot grading plans shall be submitted to the Construction Official in accordance with the requirements of §
300-43D(14).
When additional right-of-way along an existing
street is dedicated upon request of the Planning Board or the Board
of Aldermen, the required minimum lot size of any lot fronting on
the portion of the street where said additional right-of-way is being
dedicated may be reduced by the area so dedicated. The lot shall be
exempt from any lot size or dimension requirement of this chapter
to the extent that such dedication created a violation of any such
lot size or dimension requirement.
A temporary permit for a storage shed or wheel
based or transportable structure for use as an office, storage of
building supplies, and assembly of building materials incidental to
and in connection with a permitted construction project or building
on the property. Such structure shall not be located so as to be detrimental
to any adjoining property and shall be removed from the site prior
to the issuance of a certificate of occupancy for the permitted construction
project or building.
A. No permit for the erection of any building or structure
shall be issued unless the lot abuts a street giving access to such
proposed building or structure. Such street shall have been duly placed
on the official map or shall be:
(1) An existing state, county or municipal street or highway.
(2) A street shown upon a plat approved the Planning Board.
(3) A street on a plat duly filed in the office of the
County Recording Officer prior to the passage of an ordinance under
this act or any prior law which required prior approval of plat by
the governing body or other authorized body.
B. Before any such permit shall be issued, such street
shall have been certified to be suitably improved to the satisfaction
of the governing body, or such suitable improvement shall have been
assured by means of a performance guaranty, in accordance with standards
and specifications for road improvements approved by the governing
body, as adequate in respect to the public health, safety and general
welfare of the special circumstances of the particular street.
[Amended by Ord. No. 5-94]
No part of any building shall extend more than
one foot beyond the foundation into any required yard except the following
which shall not extend more than two feet beyond the foundation into
any required yard:
C. Steps, except that front steps shall not extend more
than five feet into the required front yards, but nothing in this
provision shall be read to restrict the right to provide ramps and
other reasonable means of access for the handicapped consistent with
the Federal Fair Housing Act, 42 U.S.C.A. § 3601 et seq.
E. Decks and platforms, whether freestanding or attached
to a building, shall not extend closer to a side property line than
2/3 of the side yard requirement. Decks and platforms, whether freestanding
or attached to a building, shall extend into a required rear yard
by not more than 25% of the rear yard requirement.
[Amended by Ord. No. 15-94]
Any fence hereafter erected shall be subject
to the following conditions:
A. Permit; fee. No person shall erect a fence without first obtaining a permit from the Town Official Zoning Officer. All applications for a fence permit shall be submitted on forms issued by the Town and shall include a current survey showing the location of existing buildings and existing and proposed fences. All applications shall be accompanied by the appropriate fee provided therefor by Chapter
87, Building and Housing. The Zoning Officer shall issue the permit if the proposed fence meets all of the requirements of this subsection. All fences shall be constructed in accordance with the approved plans. Within seven days after completion of construction, the applicant shall notify the Zoning Officer, who shall inspect the completed fence to ensure compliance with this subsection.
[Amended 7-18-2005 by Ord. No. 20-2005]
B. Bulk requirements.
(1) No fence shall be erected within 25 feet of the intersection
of any two street right-of-way lines.
(2) Except as provided hereinbelow in Subsection
B(3), no fence, excepting a retaining wall, exceeding three feet in height above curb level, shall be erected within 25 feet of a street right-of-way line.
(3) A fence may be erected in a side yard or in a rear yard. In the case of a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot, a fence exceeding three feet in height may be located within the twenty-five-foot buffer required in Subsection
B(2) above, other than the buffer along the street upon which the building faces, provided all of the following requirements are met: The fence will not obstruct traffic line-of-sight or interfere with sight distance.
C. Maximum height.
(1) In the R and B Zones, no fence shall exceed a height
of six feet above ground level.
(2) In the C and I Zones, no fence shall exceed a height
of eight feet above ground level.
(3) The limitations in Subsection
B(1) above shall not prevent the erection of an open wire fence, not exceeding eight feet above ground level, on any public property.
(4) Where a fence is erected above a wall, the combined
height of the fence and wall measured on either side shall not exceed
the foregoing height limits, except that the height limits may be
exceeded by one foot for each foot of separation between the fence
and wall.
D. Miscellaneous provisions.
(1) No fence shall be erected so as to create a safety
hazard or sight problem for vehicle or pedestrian traffic.
(2) Any fence facing on a street or property line shall
have the front surface exposed to the street or property line.
(3) Retaining walls. The location, height, construction
and drainage provisions of retaining walls in excess of three feet
in height shall be subject to approval by the Town Engineer.
Notwithstanding any less restrictive provision
of this chapter, the following provisions shall apply to sexually
oriented businesses in the Town; provided, however, that in case of
conflict between the provisions of this subsection and any other provision
of this chapter, the more restrictive provision shall apply:
A. No person shall operate a sexually oriented business
within 1,000 feet of any existing sexually oriented business or any
church, synagogue, temple or other place of public worship or any
elementary or secondary school or any school bus stops or any municipal
or county playground or place of public resort and recreation or within
1,000 feet of any area zoned for residential use.
B. Every sexually oriented business shall be surrounded
by a perimeter buffer of at least 50 feet in width with plantings,
fence or other physical divider along the outside of the perimeter.
C. No sexually oriented business shall display more than
two exterior signs consisting of one identification sign and one sign
giving notice that the premises are off limits to minors. The identification
sign shall be no more than 40 square feet in size.
[Added 4-6-2009 by Ord. No. 6-2009; amended 5-18-2009 by Ord. No.
12-2009; 12-5-2011 by Ord. No. 21-2011; 7-17-2017 by Ord. No. 12-2017]
A. Applicability. The provisions of this regulation shall apply to the
following:
(1)
All subdivisions and site plans on steep slopes and all approvals
thereof.
(2)
All new construction on steep slopes, including principal building
additions or accessory structures, which exceeds 200 square feet of
building area.
(3)
All new impervious surfaces on steep slopes which exceed 200
square feet in area, including patios, driveways, parking areas, etc.
(4)
All grading or removal of vegetation on steep slopes which exceeds
1,000 square feet in area.
B. Disturbance of land containing slopes over 15% shall be limited as
per the following table, based on two-foot contour intervals, as shown
on a slope analysis map. The slope analysis map shall be prepared
by a licensed land surveyor or licensed engineer based on a topographic
survey, shall be drawn at a scale of one inch equals 20 feet and shall
identify by shading and numerical calculations all areas of the lot
in the various slope categories.
Maximum Slope Disturbance per Lot, Tract or Parcel Shall Not
Exceed the Following:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15% to 19.99%
|
40%
|
1,500
|
20% to 24.99%
|
20%
|
1,000
|
25% to 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
C. Landscaping and revegetation plan.
(1)
Where disturbance of pre-development slopes of 15% or more is
proposed, a landscaping plan for the revegetation of the steep slopes
disturbed on the lot shall be submitted to the Land Use Board, Town
Planner, or Town Engineer, as the case may be. The landscaping plan
shall accompany any application to the Land Use Board or application
for a land disturbance permit. The landscaping plan shall show the
locations of all existing vegetative types, including meadow, forest
and scrub lands, and shall identify the locations and area of each
type of vegetation to be removed and the locations and area of each
type of vegetation to be preserved. Wherever feasible, natural vegetation
shall be retained and protected.
(2)
The landscaping plan shall identify the proposed final plant
cover(s) and such plant cover(s), including lawns, and ground covers,
shall be installed prior to the issuance of a certificate of occupancy.
In the event that the final plant cover cannot be installed because
of weather conditions, the installation thereof shall be enforced
by appropriate provisions in a bond or other surety and an improvement
agreement. In such case, temporary protective measures shall be installed
in accordance with the requirements of the Standards for Soil Erosion
and Sediment Control in New Jersey as promulgated by the State Soil
Conservation Committee and shall be maintained until such time as
the permanent protective measures can be installed.
(3)
The Land Use Board, Town Planner or Town Engineer, as the case
may be, may seek the advice of a consultant landscape architect in
reviewing the landscaping plan.
D. Conservation easements. Lands to be preserved as open space due to
the presence of steep slopes may be offered for dedication to the
municipality, a private land trust, a nonprofit agency in order to
preserve and maintain the area in its natural state. Portions of any
individual lot that are required to be left undisturbed by the terms
of this section are encouraged to be permanently protected by a conservation
easement in favor of the Town of Boonton.
[Added 4-20-2009 by Ord. No. 4-2009; amended 5-18-2009 by Ord. No.
12-2009; 12-5-2011 by Ord. No. 20-2011]
The building envelope of a lot, parcel or tract shall be free
of the following critical environmental characteristics: wetlands,
wetland transition, flood hazard area, pre-development slopes of 25%
or more, C-1 Category stream buffer, riparian buffers and easements
that restrict development.
A. Existing residential lots, at the time of adoption of this section,
that contain critical environmental characteristics within the building
envelope shall be able to modify existing buildings or create new
buildings, provided that:
(1)
No modifications to existing buildings or new buildings infringe
into a critical environmental area; and
(2)
All area, coverage and setback yards conform.
B. Proposed new residential lots shall have the required usable lot
area. Proposed new residential lots that do not have the required
usable lot area shall enlarge the building envelope area equal to
the area (square footage) of the critical environmental characteristic.
C. Example: Building envelope contains 5,000 square feet; within that
area, 500 square feet is steep slopes. The building envelope shall
be increased 500 square feet to 5,500 square feet.