[Amended 1-15-1998 by L.L. No. 1-1998]
The following area, width, yard, and height
exceptions are provided where the standard application of such requirements
in the zoning districts would present practical difficulties in handling
preexisting substandard-size building lots.
A. Land area and lot width.
(1) In the R-R Agricultural and Rural Residence District,
there shall be not less than 15,000 square feet of land area and a
lot width of not less than 150 feet at the front building line.
(2) In the R-1 Residence District, there shall be not
less than 10,000 square feet of land area and a lot width of not less
than 80 feet at the front building line.
B. Front yard setback. The front yard setback requirements
for buildings shall not include steps, open porches, eaves, cornices
and similar fixtures.
C. Side yards. Exceptions to side yard requirements when
there is construction on a lot existing prior to the date of enactment
of this chapter, as amended, which is less than the minimum width
required shall be as follows:
(1) In the R-R Agricultural and Rural Residence District,
for each foot a lot is less than 200 feet wide, the total width of
the side yards may be reduced by one foot to a total width of not
less than 40 feet, but no one side yard shall be less than 15 feet.
(2) In the R-1 Residence District, for each foot a lot
is less than 100 feet wide at the front building line, the total width
of the two side yards may be reduced by six inches to a total width
of not less than 20 feet, but no one side yard shall be less than
eight feet.
D. Nonresidential building side yards. For a nonresidential
building, other than a garage or accessory building in an R-1 Residence
District, there shall be two side yards totaling not less than 60
feet, with any one side yard not being less than 20 feet. For each
foot the height of such building exceeds 35 feet, the total of the
two setbacks shall be increased by four feet.
E. Large-scale housing developments. Upon presentation
to the Planning Board under site development plan review, to achieve
a unified residential development of an area bounded on all sides
by streets or parks or other permanent open space, the Planning Board
may recommend to the Board of Appeals that one or more of the heretofore
established front, rear and side yard and height requirements be waived,
except when bordering on main and secondary thoroughfares, provided
that the net land area, including bordering open space, per dwelling
unit meets the requirements of that zoning district.
F. Detached private garages on steep slopes. Where the
Zoning Enforcement Officer determines that the access to a private
garage built back of the front building line is impractical because
of the topography, it shall be permissible to place the garage in
the front yard, provided that it does not exceed 12 feet in height
and is no closer than 18 feet to the street right-of-way line.
G. Setback for detached barn or accessory building. When
the principal building is located further than 250 feet from the street
line, a detached barn or other accessory building may be placed no
closer than 250 feet to the street line.
[Added 9-29-1994 by L.L. No. 5-1994]
H. Height exceptions. Nothing herein contained shall
be interpreted to limit or restrict the height of church spires, cupolas
and domes not intended for human occupancy, public utility structures,
monuments, radio or television transmission towers, observation towers,
belfries, clock towers, windmills, water tanks, elevator bulkheads,
chimneys, flag poles, stage towers, scenery lofts or similar structures.
In no instance shall building setback require
placing a main building more than 10 feet back of the front main wall
of an adjacent building already existing within 75 feet of and on
the same side of the street as the building or part of the building
to be erected.
Nothing herein contained shall prevent the projection
of an open fireproof escape into a rear or side yard for a distance
of up to eight feet.
Under the provisions of Article
XI, Site Development Plan Review, the Planning Board shall also apply the following criteria to shopping centers.
A. Area. The minimum area shall be 10 acres.
B. Initial construction. Satisfactory assurance shall
be given that initial construction will comprise not less than 50%
of the planned total construction as measured in terms of bulk of
the buildings proposed to be built.
C. Unified plan. The proposed development shall be in
accordance with a unified site plan and architectural scheme. However,
it shall not be required that the whole of the development be in a
single ownership or built or financed by a single party if satisfactory
evidence is shown that all parties financially or otherwise concerned
in the development are legally bound to conform to the above-required
unified site plan and architectural scheme.
D. Entrances upon streets and highways. All vehicular
entrances and exits upon state, county or Town roads shall be approved
by the appropriate authority.
E. Off-street parking. Automobile parking space shall
be provided on the premises with an area of not less than three times
that of the total floor space to be contained in the development.
F. Off-street loading and unloading space. Off-street loading and unloading space shall be provided in addition to the space required by Subsection
E above as required by Article
XVI.
G. Boundary treatment. No building shall be placed closer
to any street or road line than 100 feet or closer to any other property
line than 200 feet. No parking space shall extend nearer to any street
or road line than the established building line or closer to any other
property line than 50 feet, and the boundaries along all side and
rear property lines abutting a residential district shall be appropriately
landscaped and maintained for a depth of not less than 50 feet. Where
the shopping center area is directly adjoined by land in a business
or industrial district or by a railroad right-of-way, buildings may
extend to within 50 feet of the property line, and automobile parking
space may extend to the property line.
H. Construction of all buildings shall comply with state
and local fire and building codes.
Wherever motels are permitted under this chapter,
they shall be subject to the following provisions:
A. No motel structure or use similar in nature shall
be placed closer to a street or road line than 100 feet, closer to
any other property line than 50 feet or closer to any other residence
district boundary line than 200 feet.
B. Vehicular parking space to accommodate not less than
one vehicle for each rental unit plus one additional space for every
two persons regularly employed on the premises shall be provided,
and no such parking space shall be closer to any public street line
than 50 feet.
C. Water and sanitary facilities shall be approved by
the State or County Department of Health.
The following shall apply in addition to all
other regulations of the Town with respect to mobile homes:
A. No mobile home shall be parked in any district outside an approved mobile home park, licensed pursuant to Chapter
86, Mobile Home Parks, for more than 48 hours except upon special permit issued for a period not to exceed 30 days which shall not be renewable within the same calendar year.
B. As an exception to Subsection
A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding 180 days and shall be renewable for an additional period of not exceeding 180 days. However, if material progress with house construction is not made within 45 days from the issuance of the permit or if construction work ceases for a consecutive period of 45 days, such permit shall become void.
C. As an exception to Subsection
A above, a permit may be issued to allow one mobile home to be parked on a farm to be occupied only by persons employed full time on the farm. This permit shall be renewed annually.
Regulations for public garages and motor vehicle
service stations, including mini-marts when gasoline pumps are provided,
shall be as follows:
A. No public garage, motor vehicle service station, mini-mart
with gas pumps or private garage for more than five cars shall have
a vehicular entrance closer than 200 feet to a church, school, theater,
hospital, public park, playground or fire station. Such measurement
shall be taken as the shortest distance between such entrances across
the street if the entrances are on the opposite sides of the street
and along the street frontage if both entrances are on the same side
of the street or within the same square block.
B. All motor vehicle service stations shall be so arranged
and all gasoline pumps shall be so placed as to require all servicing
on the premises and outside the public way. No gasoline pump shall
be placed closer to any side property line than 50 feet.