The schedule entitled "Schedule of Regulations"
is hereby adopted and declared to be a part of this Zoning Ordinance
and may be amended in the same manner as any part of this Zoning Ordinance.[1] The regulations listed in said schedule for each district
are hereby adopted and prescribed for such district and, unless otherwise
indicated, shall be deemed to be the minimum requirements in every
instance of their application. The listing of any use in said schedule
either as being permitted in or as being excluded from any particular
district shall be deemed to be an exclusion of such use from any more
restricted district, unless such use is permitted in such more restricted
district under the language set forth in the schedule as applying
thereto. Any use not listed as a regularly permitted use or as a conditional
use if specifically prohibited.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
A.
In the case of any lot or plot substandard in area
or width by the terms of this chapter, the rights acquired or existing
therein for the use of said lot or plot as a building parcel shall
terminate and become nonexistent and void should the said substandard
plot merge in fee with any adjoining land or property. Such merger
shall be deemed to occur when the same person or persons acquire,
obtain or have fee ownership in both parcels, whether by purchase,
sale, devise, gift or otherwise.
B.
Exceptions to height requirements.
(1)
Penthouses, stage towers, scenery lifts, elevators,
bulkheads, clock towers, cupolas, water tanks and similar structures
and mechanical appurtenances may be erected on a building to a height
greater than the limit for the district in which the building is located;
provided that no such exception shall cover at any level more than
25% of the area of the roof on which it is located and provided further
that no such exception shall be used for sleeping or housekeeping
purposes or for any commercial purpose other than such as may be incidental
to the permitted use of the main building.
(2)
The height limitations of this chapter shall not apply
to chimneys, church spires, belfries, standpipes, water towers, flagpoles,
monuments, transmission towers or cables or radio or television antennas
or towers.
(3)
A parapet wall or cornice solely for ornamental purposes
may exceed the height limit established for the district, but shall
not exceed five feet.
C.
Extensions into required front or rear yard. Extensions
of a structure into a required front or rear yard shall be permitted
as follows:
D.
Extensions into required side yard. Extension of a
structure into a required side yard shall be permitted as follows:
The same provisions shall apply as for extensions into required front
and rear yards, except that no porch, vestibule, terrace or outside
stairway exceeding three feet above grade shall project more than
three feet into any required side lot line, and an outside stairway
may extend into any required side yard only if the same is unroofed
and unenclosed.
E.
Alteration or enlargement of existing structures.
Anything set forth in the Schedule of Regulations governing minimum
front, rear and side yards notwithstanding, any structure existing
as a lawful nonconforming structure by reason of failure to comply
with either the minimum front, rear or side yard requirements of this
chapter may nevertheless be altered or enlarged; provided, however,
that any such alteration or enlargement shall comply with all other
applicable requirements of this chapter and shall not further encroach
into the front, rear or side yard with respect to which the deficiency
exists which renders the said structure nonconforming, subject to
the proviso, however, that any existing roofed, open front porch of
any such dwelling which fails to comply with the minimum required
front yard setback may be enclosed if the setback thereof is not less
than the average of the front yard setbacks of the existing buildings
on the same side of the street in the block in which such dwelling
is situated.
F.
In the entirety of the C Commercial Zone, C-R Commercial/Residential
Zone, and C-R HD Commercial/Residential High Density Zone, any new
use, except businesses seeking to operate on a twenty-four-hour-a-day
basis and any new residential use, permitted in the zone moving into
existing nonresidential space shall be exempt from the parking requirements
herein, provided that no existing parking is eliminated by the change
of use.
[Added 10-20-1994 by Ord. No. 1305-94; amended 2-22-2005 by Ord. No. 1649-05; 10-9-2007 by Ord. No. 1743-07; 10-26-2010 by Ord. No. 1843-10]
G.
Gasoline station island canopies and primary signage.
If a gasoline station is located more than 200 feet from any lot in
an R-1, R-2, R-1A or R-3 Zone, Planning Board or Zoning Board approval
is not required for the following two exceptions to lot coverage and
height requirements:
[Added 4-6-1995 by Ord. No. 1320-95]
(1)
Erection of open-sided canopies covering the gasoline
pumps in a gasoline station shall be permitted, provided that the
overall height above grade of said canopy shall not exceed 15 feet
and overall width shall not exceed 25 feet.
(2)
The primary sign shall have a maximum height of 18
feet, six inches above grade.
