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Elmer City Zoning Code

§ 25-16.2

Area Regulations.

[Ord. No. 79-4 § 3.5]
a. 
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided.
b. 
Contiguous Lots. If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of the chapter, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter.
c. 
Corner Lots. Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
d. 
Existing Lots. A lot failing to meet the district requirements for area or width and which is demonstrated to have been of public record and not of continuous frontage with other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located only upon the issuance of a variance by the approving authority after public hearing and a showing by the applicant that he cannot reasonably obtain additional space to meet chapter requirements. Any variance granted shall constitute the minimum adjustment necessary to permit the reasonable use of the lot.
e. 
Front Yard Requirement Modifications.
1. 
Where a lot has frontage upon a County road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line measured at right angle unless the existing street line is a greater distance from the road center line.
2. 
Where a lot has frontage on any road with the street line at less than 25 feet measured at right angle from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
f. 
Irregularly Shaped Lots. In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the Schedule of District Regulations shall be measured at the building setback, provided that in no case shall a distance between side lot lines be reduced to less than 75% of the minimum lot width requirement at the street line. (The Schedule is included in Appendix C as an attachment to this chapter.)
g. 
Overlapping Required Space. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
h. 
Yard Reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by this chapter.
i. 
Uniformity. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
j. 
Public Street Frontage. Every principal building shall be built upon a lot having sufficient frontage on a public street as defined in this chapter.
k. 
Height Exceptions. All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads, and similar decorative features and necessary mechanical appurtenances usually carved above roof level provided that the following requirements are met:
1. 
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area limitation.
2. 
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard nor shall the total height exceed twice the building height limitation in the district in which it is located.
The foregoing does not pertain to transmission towers and associated right-of-way widths which are to be determined by standards in the National Electric Safety Code.
l. 
Projections. Building projections including bays, chimneys, cornices and gutters may extend into required yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.