The following rules shall apply to determine
the boundaries of the districts shown on the Zoning Maps:
A.
Whenever district boundaries follow roadways, the
center lines of such roadways shall be considered the district boundaries.
Whenever district boundaries on the Zoning Maps follow natural features
such as streams or waterways, the center of such natural features
or the limits of the City's jurisdiction where they form a municipal
boundary, shall be considered the district boundary.
B.
Whenever district boundaries are so indicated that
they apparently follow individual lot lines, such lot lines shall
be considered the district boundary.
C.
Where a district boundary line does not follow such
a line, its position shall be shown on the Zoning Map by a dimension
expressing its distance in feet from a roadway center line or other
identifiable point as indicated; or where no such dimension appears,
its location shall be determined by use of the scale appearing on
the respective Zoning Map.
D.
Where a district boundary line divides a single and
separate lot on the effective date of these regulations or their applicable
amendment, the standards for the less restricted portion of such lot
shall extend not more than 50 feet into the more restricted portion,
provided that the lot has frontage on a roadway or shoreline in the
less restricted district.
E.
RM District.
(2)
The delineation of these features is not often readily
dimensioned from an identifiable point of reference on the map. Field
inspection and interpretation by the Building Inspector/Code Enforcement
Officer shall determine the actual location of these features with
reference to a particular site as may be required by the Joint Zoning
Board of Appeals/Planning Commission in its review of an application
or an appeal in such areas.
[Amended 11-8-2017 by L.L. No. 5-2017]
F.
In the event that the Building Inspector/Code Enforcement
Officer is unable to determine the true location of a district boundary
line in a particular instance, or in the instance that the Building
Inspector/Code Enforcement Officer's determination is disputed, the
Joint Zoning Board of Appeals/Planning Commission, upon application,
shall render a determination.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
Regulations governing minimum lot area and lot width;
required front, side and rear yard dimensions; maximum lot coverage
and building height are specified in the Zoning Schedule, subject
to such additional standards as may be set forth in these regulations.
B.
Except as otherwise provided in these regulations:
(1)
No building shall be constructed, erected, located
or expanded, and no building or part thereof, shall be used for any
purpose or in any manner, except as permitted, for the district in
which said building or land is located, as set forth under the list
of permitted standard and conditional uses in the Zoning Schedule
of these regulations.
(2)
No existing lot of record on the effective date of
these regulations or their applicable amendment shall be reduced,
subdivided, or otherwise reduced in size or changed in configuration
so as to make it nonconforming.
(3)
No building shall be constructed, erected, located
or expanded, nor shall any open space surrounding any building be
encroached upon or reduced in any way, except in accordance with the
lot, yard, and building requirements of these regulations for the
district in which such building is, or is proposed to be, located.
(4)
No required yard or other open space, surrounding
any building shall be considered as providing the requisite yard or
open space area for another building on the same or any other lot.
(5)
Where any lot or parcel is located in more than one
zoning district, the required minimum lot area shall be as required
for that district in which the building or use is proposed to be located
providing the lot or parcel has the required minimum lot width in
this same district; otherwise, the required minimum lot area, lot
width and yard dimensions shall be determined in corresponding proportion
to the percentage of the lot or parcel in each separate zoning district.
A.
A permitted building or use may be constructed or
located on any lot of record as of the effective date of these regulations
or their applicable amendment, in any district even if said lot does
not meet the minimum lot area and lot width requirements for said
use in the district in which it is located, providing the following
conditions exist or are met:
(1)
The owner of said lot owns no adjoining unimproved
land which would create a conforming lot if combined with the lot
which is deficient in area or width.
(2)
Any building or use located on a nonconforming lot
shall have front, side and rear yards conforming to the minimums required
for the district in which said lot is located, unless varied by the
Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
The lawful use of any land or principal or accessory
building or use requiring a permit under these regulations and existing
on the effective date of these regulations or their applicable amendment
may be continued although such building or use does not conform with
the provisions of the same; and any such building or use may be removed,
discontinued, reconstructed, added to, altered or changed in use subject
to the following:
(1)
A building or use nonconforming as to location shall
not be extended, expanded or altered in any way that will extend or
further aggravate the nonconforming features.
(2)
A use or building, nonconforming as to use, shall
not be extended, expanded, or altered during its life to an extent
exceeding in aggregate 50% of the size of such building or use on
the effective date of these regulations or their applicable amendment
unless such building or use is changed to conform to these regulations.
(3)
A nonconforming building or use, once purposefully
and substantially removed for a period of one year or more, shall
not be reintroduced or replaced other than by a conforming building
or use, unless a conditional use permit is approved by the Joint Zoning
Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
(4)
A nonconforming building or use which has been damaged
by fire or other natural causes to an extent less than 50% of its
value, may be restored, reconstructed or used as before, provided
the bulk, height, and area requirements do not exceed those that existed
before said damage. Said restoration must be completed and a certificate
of compliance issued within one year of such occurrence.
C.
Amortization of certain nonconforming short-term rental uses. Notwithstanding the other provisions of this Article III, a valid nonconforming short-term rental use existing at the effective date of adoption or amendment of § 190-26.3 (Short-term rental uses) may continue only if and in the manner and time period specifically permitted by the Joint Zoning Board of Appeals/Planning Commission by conditional use permit approval pursuant to § 190-26.3.
[Added 12-6-2022 by L.L. No. 11-2022]
