Front setbacks from major thoroughfares. For the purpose of protecting residential uses from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, a building (including residential and nonresidential buildings) along these thoroughfares must be set back as least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be:

Front setback of buildings on built-up streets other than major thoroughfares. Where at least two adjacent buildings within 100 feet of a property are setback a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property.

Sight clearance.[1] Proper sight clearance must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides measuring 75 feet. No building or construction is permitted in this area except as follows:

Setback on corner lots. In the case of corner lots, two front yards shall be provided (the second of which will exist in lieu of one side yard).

Accessory or appurtenant structures. The setback regulations do not apply to:

The area and width of each lot shall be equal to or greater than 1/2 the minimum lot area and lot width requirements of the zone in which the two-family dwelling is to be located.

Each lot shall only be required to have one side yard. Such side yard shall be at least 10 feet wide.

Structures such as chimneys, standpipes, flagpoles, television antennas or radio towers.

Structures on buildings such as clock towers, cupolas, water tanks and other mechanical appurtenances, provided such structures do not cover more than 25% of the roof on which they are located.

Parapet walls or cornices less than five feet high used solely for ornamental purposes.

From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed, as provided in Chapter 138, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application shall have been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.

When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

Continuance.

Expansion or alteration.

Replacement.

Restoration. If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for the tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 160-49 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.

Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.

Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.

Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.

Identification and registration. Nonconforming uses and nonconforming structures shall be identified and registered by the Zoning Officer.