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Berlin City Zoning Code

ARTICLE IV

EXCEPTIONS AND MODIFICATIONS

Sec. 108-239.- Application of provisions.

The regulations specified in this chapter shall be subject to the following exceptions, modifications and interpretations.

(Code 1977, § 107-53; Ord. No. 2000-10, 9-25-2000)

Sec. 108-240. - Use of existing lots of record.

In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of the ordinance from which this chapter is derived, and in separate ownership from any adjacent lot, irrespective of its area or width or the width of the street on which it fronts, subject to the following requirements:

(1)

The sum of the side yard widths on any such lot or plot need not exceed 30 percent of the width of the lot, but in no case shall any one side yard be less than 12 percent of the width of the lot.

(2)

The depth of the rear yard on any such lot need not exceed 30 percent of the depth of the lot, but in no case shall it be less than 25 feet.

(Code 1977, § 107-54; Ord. No. 2000-10, 9-25-2000)

Sec. 108-241. - Structures permitted above height limit.

The building limitations of this chapter shall not apply to:

(1)

Farm buildings and structures, if located at least 200 feet from all property lines.

(2)

Fire or parapet walls, cupolas, steeples, flagpoles, silos, smokestacks, masts, water tanks or other roof superstructures.

(3)

Monitors, scenery lofts, penthouses or roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, provided that all such structures above the height otherwise permitted in the district shall not occupy more than 25 percent of the ground area of the building.

(4)

Towers, monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height, and essential services defined in section 108-5.

(5)

Churches, schools, institutional buildings, public utility buildings and structures and any building or structure in an M District if not less than 200 feet distant from any R District, provided that for each three feet by which the height of such building or structure exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

(Code 1977, § 107-55; Ord. No. 2000-10, 9-25-2000)

Sec. 108-242. - Area requirement modifications.

(a)

Every structure with water and/or sewer services available within the corporate limits of the town shall be connected to the water and sewer system.

(b)

No lot of less than five acres shall have a privy, chemical toilet or other toilet of any kind not connected to either the public sewer system or to a private disposal facility approved by the proper health authorities, except where installed temporarily for use in connection with a construction project.

(Code 1977, § 107-56; Ord. No. 2000-10, 9-25-2000)

Sec. 108-243. - Front yard modifications.

Where a building is to be located between two existing principal buildings in the same block front and within 200 feet of them, the front yard requirement for the proposed building shall be the average of those provided by the two existing buildings. In the case of a corner lot, the proposed building shall be set in line with the building next adjoining and within 200 feet. In either case, however, no front yard shall be less than 25 feet in any R District or 20 feet elsewhere.

(Code 1977, § 107-57; Ord. No. 2000-10, 9-25-2000)

Sec. 108-244. - Through lots.

Buildings on lots extending through from street to street shall provide the required front yard on both streets, but need not provide the required rear yard in case an equivalent open space is provided in lieu of such required rear yard.

(Code 1977, § 107-58; Ord. No. 2000-10, 9-25-2000)

Sec. 108-245. - Rear and side yard modifications.

(a)

In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be.

(b)

Each side yard shall be increased in width by two inches in any R District for each foot by which the length of the side wall of the building adjacent to the side yard exceeds 40 feet.

(c)

The side yard width may be varied where the side wall of a building is not parallel to the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width.

(d)

Where a corner lot rears upon the side lot line of another lot in an R District, either directly or across an alley, the side yard setback for the corner lot shall have a width equal to not less than one-half the required depth of the front yard on the lot in the rear.

(Code 1977, § 107-59; Ord. No. 2000-10, 9-25-2000)

Sec. 108-246. - Other exceptions to yard requirements.

(a)

The following architectural features may project into required yards or courts as hereinafter set forth:

(1)

Into any required front yard, rear yard, outer court or required side yard adjoining a side street lot line:

a.

Cornices, eaves or other architectural features may project a distance not exceeding two feet.

b.

Fire escapes may project a distance not exceeding two feet.

c.

An uncovered stair and necessary landings may project a distance not to exceed six feet.

d.

Bay windows, balconies and chimneys may project a distance not to exceed three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the wall on which they are located.

(2)

Subject to the conditions specified in subsections (a)(1) and (2) of this section, the above-named features may project into any required side yard adjoining an interior side lot line a distance not to exceed one-fifth of the width of such side yard, but not to exceed six feet in any case.

(b)

Fences, walls and hedges may be located in required yards or courts subject to the limitation in section 108-709 and the following:

(1)

Fences and walls not exceeding at any point four feet in height above the elevation of the ground at such point may be located in any yard or court.

(2)

Fences and walls not exceeding at any point six feet in height above the elevation of the ground at such point may be located in any rear yard or side yard area, provided that on a reversed corner lot no such fence or wall shall be closer to the side street lot line, within 25 feet of the side lot line of an adjoining lot to the rear, than a distance equal to the least depth of the front yard required for a one-story building on such adjoining lot.

(Code 1977, § 107-60; Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-07, 5-11-2009)