EXCEPTIONS AND MODIFICATIONS
Where the owner of a lot of official record in any district at the time of the adoption of this chapter or his successor in title thereto does not have sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, but such lot met the requirements for lot size of the former chapter, such lot may be used as a building site, provided, however, that the other requirements of the district are complied with or a variance is obtained from the board of adjustment.
The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of the existing building is located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the same block and within the same use district and fronting on the same street as such lot is less than the minimum required front yard depth. In such case the setback on such lots may be less than the required setback as determined by the planning commission, and, if applicable, the historic preservation commission.
In the case of two or more buildings to be constructed on a plot of ground of at least six acres not subdivided into customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the board of adjustment in a manner that will be in harmony with the neighborhood, provided:
(a)
Such uses are limited to those permitted within the zoning district in which the project is located. In no case shall the board authorize a use prohibited in the district in which the project is to be located.
(b)
The overall density of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located.
(c)
The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.
(d)
The building heights do not exceed the height limits permitted in the district in which the project is located.
(e)
If the property lies within or abuts upon a residential district, and is to be used for a non-residential purpose, there shall be a densely planted landscape screen at least eight feet in height along the rear and/or side lot lines abutting the residential properties. No such landscape screen shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
EXCEPTIONS AND MODIFICATIONS
Where the owner of a lot of official record in any district at the time of the adoption of this chapter or his successor in title thereto does not have sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, but such lot met the requirements for lot size of the former chapter, such lot may be used as a building site, provided, however, that the other requirements of the district are complied with or a variance is obtained from the board of adjustment.
The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of the existing building is located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the same block and within the same use district and fronting on the same street as such lot is less than the minimum required front yard depth. In such case the setback on such lots may be less than the required setback as determined by the planning commission, and, if applicable, the historic preservation commission.
In the case of two or more buildings to be constructed on a plot of ground of at least six acres not subdivided into customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the board of adjustment in a manner that will be in harmony with the neighborhood, provided:
(a)
Such uses are limited to those permitted within the zoning district in which the project is located. In no case shall the board authorize a use prohibited in the district in which the project is to be located.
(b)
The overall density of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located.
(c)
The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.
(d)
The building heights do not exceed the height limits permitted in the district in which the project is located.
(e)
If the property lies within or abuts upon a residential district, and is to be used for a non-residential purpose, there shall be a densely planted landscape screen at least eight feet in height along the rear and/or side lot lines abutting the residential properties. No such landscape screen shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.