Corner Lots/Lots Fronting on More Than One Street.

Conformance with Setbacks. Nothing in this Section shall preclude compliance with the required building setbacks for lot lines as set forth in this Ordinance, upon the final determination of the front lot line in accordance with the provisions of this Section.

Buildings between 30' and 35' will require a minimum 6 pitch for all roof lines above 30' and there will not be allowed any habitable structures, or parts thereof, exterior to the roof structure above 30' (i.e. roof decks, widows walk, etc).

The following structures or parts of structures that are usually required to be placed above the roof level and are not intended for human occupancy may be erected no more than fifteen percent above the specified height limitations of this ordinance: church spire, church belfry, church tower, grain elevator, chimney, elevator penthouse, silo, necessary mechanical appurtenances, ornamental towers, spires, or water supply structures.

Exceptions:

Ordinary projections of window sills, cornices, and other structural features may not extend more than twelve inches into the space above required yards.

Signs as permitted in ARTICLE XI Signs may be located in front yards.

Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks, and similar architectural projections when attached to a principal building shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. When such structures are not attached by the principal building they shall be considered accessory buildings and shall be governed by the provisions of ARTICLE VI § 218-37B. Accessory Uses.

A lot with lesser amounts than required in ARTICLE VII Dimensional requirements, may be considered as nonconforming. Such lot must have been shown on a legally recorded plat or deed before the effective date of this Ordinance, and did not adjoin other land of the same owner, and met all the requirements of the zoning ordinance in effect at the time of its creation.

A substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

Notwithstanding the provisions of subsection (2) herein, an owner or applicant of a legal non-conforming lot of record is eligible to voluntarily proceed under the provisions of this alternate section (3), provided that they shall follow the provisions of either section (2) or section (3) in its entirety.

The yard dimensional requirements for a structure may be reduced and the maximum building coverage requirements for a structure may be increased for a substandard lot of record, at the time of passage of this section, in the proportion that the area of such substandard lot is reduced from the minimum area requirements of the district in which the lot is located to a minimum of twelve (12) feet as to side yard, thirty-eight (38) feet as to rear yard and thirty (30) feet as to front yard setback. The necessary computation and determinations of the modifications for building setbacks of yard dimensional requirements for each substandard lot shall be made by the Charlestown Building Official at the time of application for a building permit. Whereas a substandard lot of record meets the area and/or width requirement of a lesser zone, the setback, coverage and height requirements of the lesser zone shall apply.

Applicants under this section (3) may also apply for additional dimensional relief, either administratively or through the Zoning Board of Review. Applicants under this section (3) are also eligible to apply for modifications or variances from the required dimensional requirements, as set forth in this ordinance.

A pre-existing substandard lot may be increased in area even if the altered lot remains nonconforming to the then-existing dimensional requirements of this Ordinance without Zoning Board of Review approval.

On the basis of the lack of public infrastructure in all districts, when two or more pre-existing substandard contiguous lots are under single ownership, such lots shall be considered to be a single lot and no portion thereof shall be used in violation of any of the requirements of ARTICLE VII Dimensional requirements. No lots contiguous to each other and under single ownership shall be subdivided in a manner below the requirements fixed by this ordinance.

The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred feet (200') of the subject lot, as confirmed by the zoning enforcement officer.