8-100 EXCEPT AS HEREINAFTER PROVIDED, NO BUILDING OR STRUCTURE OR PART THEREOF SHALL BE ERECTED, ALTERED OR CONVERTED FOR ANY USE PERMITTED IN THE DISTRICT IN WHICH IT IS LOCATED UNLESS IT IS IN CONFORMITY WITH ALL THE MINIMUM REGULATIONS HEREIN SPECIFIED FOR LOT AREA, LOT WIDTH, LOT DEPTH, LOT COVERAGE AND FRONT, SIDE AND REAR YARDS.
8-101 LOT AREA:
The minimum required residential building lot and building site area for the various districts shall be in accordance with the following schedule, except that a vacant, unused lot of record which has less area than herein required which was an official lot of record and separately owned from any adjacent lot prior to the adoption of this ordinance may be used for a one-family dwelling but no building site consisting of a lot or combination of lots existing in single ownership as an occupied building site at the time of passage of this ordinance shall be reduced in area without first filing a plat for consideration and action by the Town Council in accordance with the provisions of the Subdivision Regulations and obtaining approval. In no case shall a building site be reduced below the minimum requirements set forth herein.
8-102 IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT AREA FOR RESIDENTIAL USE SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
8-103 CC COUNTRY CLUB-GOLF COURSE DISTRICT AREA REQUIREMENT:
Minimum area requirement for CC Country Club-Golf Course District shall be one hundred (100) acres.
8-200 LOT WIDTH:
The minimum residential building lot or building site width for the various districts shall be in accordance with the following schedule, except that a vacant, unused lot of record which has less width than herein required which was an official lot of record and separately owned from any adjacent lot prior to the adoption of this ordinance may be used for a one-family dwelling, but no lot or combination of lots existing in single ownership as an occupied building site at the time of passage of this ordinance shall be reduced in width without first filing a plat for consideration and action by the Town Council in accordance with the provision of the Subdivision Regulations and obtaining approval. In no case shall a building site be reduced in width below the minimum requirements set forth herein. (See Appendix Illustration 1 for lot width interpretation)
8-201 IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM REQUIRED LOT WIDTH FOR RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
Schedule–Minimum Required Lot Widths |
|---|
TYPE USE | DISTRICTS |
|---|
A | B | C | D | E | F | G | H | CS | GR | PD |
|---|
One-Family Dwelling Detached | 200' | 100' | 70' | 60' | 55' | 55' | 55' | 55' | 55' | 55' | 55' |
One-Family Dwelling Attached | | | | | | | 20' | 20' | 20' | 20' | 20' |
Two-Family Dwelling | | | | | | 60' | 60' | 60' | 60' | 60' | 60' |
Multiple-Family Dwelling, One to Three Stories | | | | | | | 60' | 60' | 60' | 60' | 60' |
Multiple-Family Dwelling Over Three Stories | | | | | | | | 70' | | | 70' |
Minimum required width of lot in feet
8-300 LOT DEPTH:
The minimum required residential building lot or building site depth for the various districts shall be in accordance with the following schedule, except that a vacant, unused lot of record which has less depth than herein required and which was an official lot of record and separately owned from any adjacent lot prior to the adoption of this ordinance may be used for a one-family dwelling but no lot or combination of lots existing in single ownership as an occupied building site at the time of passage of this ordinance shall be reduced in depth without first filing a plat for consideration and action by the Town Council in accordance with the provisions of the Subdivision Regulations and obtaining approval. In no case shall a building site be reduced in depth below the minimum requirements set forth herein. (See Appendix Illustration 2 for lot depth interpretation)
8-301 IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM REQUIRED LOT DEPTH FOR RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
Schedule–Minimum Required Lot Depth |
|---|
TYPE USE | DISTRICTS |
|---|
A | B | C | D | E | F | G | H | CS | GR | PD |
|---|
One-Family Dwelling Detached | 250' | 180' | 150' | 140' | 130' | 120' | 120' | 120' | 120' | 120' | 120' |
One-Family Dwelling Attached | | | | | | | 100' | 100' | 100' | 100' | 100' |
Two-Family Dwelling | | | | | | 120' | 120' | 120' | 120' | 120' | 120' |
Multiple-Family Dwelling | | | | | | | | 150' | | | 150' |
Minimum required depth of lot in feet
8-401 MINIMUM REQUIRED FRONT YARD:
In all zoning districts except Planned Development Districts the minimum required front yard shall be the average front setback for the entire block as determined by measuring the setbacks of the main buildings on one side of the street.
8-402 SPECIAL FRONT YARD REGULATIONS:
(1) Where the frontage on one side of a street between two (2) intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(2) Where a building line has been established by plat approved by the Town Council or by ordinance, and such line requires a greater or lesser front yard setback than is prescribed by this ordinance for the district in which the building line is located, the minimum required front yard shall comply with the building line so established by such ordinance or plat.
(3) The front yard shall be measured from the front property line to: (1) the front face of the building, (2) covered porch or covered terrace where the cover is supported by columns or (3) attached accessory building. Covered porches not supported by columns shall not extend more than four (4) feet into the required front yard. Every part of a minimum required front yard shall be open and unobstructed to the sky except that eaves and roof extensions may project into the minimum required front yard for a distance not to exceed four (4) feet and window sills, bay windows, and chimneys may project a maximum of twelve (12) inches into the required front yard.
(4) Where lots have double frontage, running through from one street to another, a minimum required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Appendix Illustration 5)
(5) Where the frontage on one side of a street between two (2) intersecting streets in any residential district is improved with buildings prior to the effective date of this ordinance and has a front yard line which has a variation in depth, then the average front yard shall be observed; provided, however, that this regulation shall not be interpreted as permitting a front yard of less than twenty (20) feet in depth.
(6) In the “H” District, a minimum front yard of twenty (20) feet shall be required; provided, however, that in no case shall the distance from the center line of the street on which a building fronts to the front face of the building be less than one-half (1/2) the height of the building.
(7) Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line in the districts where such use is permitted nor shall any canopy over such island be located nearer than ten (10) feet to any front property line.
(8) On any corner for which front and side yards are required herein, no fence, wall, structure, sign, screen, hedge, shrub or tree, slope, terrace or embankment shall be located, planted, constructed or maintained so as to cause danger or hazard to traffic by obstructing the view at any street or alley intersection within the sight visibility easement. No such fence, wall, structure, screen, hedge, shrub or tree shall be located so as to interfere with the line of sight at an intersection from a distance of twenty-four (24) inches to a distance of eight (8) feet above the curb. The sight visibility easement (See Appendix Illustration 10) shall extend as follows:
(a) At the intersection of two (2) public streets - a distance of twenty-five (25) feet back from the intersection in each direction as measured along the street curbline.
(b) At the intersection of a public street and an alleyway - a distance of fifteen (15) feet back from the intersection in each direction as measured along the street curbline and the edge of alley paving.
(9) In PD Planned Development District, the minimum required front yard shall be established by the ordinance establishing the “PD” District, but in no case shall a front yard of less than twenty (20) feet be provided.
(10) In the ‘CC’ Country Club-Golf Course District, the general minimum setback from the property line shall be fifty (50) feet for all structures except uncovered tennis courts. However, the front-yard setback for the Tennis Building on the north side of and adjacent to Mockingbird Lane shall be two and one-half (2.5) feet from the Mockingbird Lane right-of-way property line. Additionally, the side yard setback for the Tennis Building on the north side of and adjacent to Mockingbird Lane shall be three (3) feet from the creek side property line, and not within the sanitary sewer easement on the east side of the Tennis Building. The use of the Tennis Building shall be for tennis courts (indoor and outdoor).
(11) In the C, D, E, F and G Districts, all basements and cellars shall observe the same front yard setback standards applicable to the primary structure.
(12) Balustrades, walls, and railings surrounding front porches within the required front yard setback in residential districts with residential uses are permitted with the following requirements:
(a) shall be constructed of brick, stone, concrete, or metal;
(b) may not exceed thirty-eight (38) inches in height measured from the natural grade; and
(c) may not extend more than five (5) feet from the face of the building into the required front yard or ten (10) percent of the front yard setback, whichever is greater.
(13) Handrails for safety at steps in the front yard of residential districts with residential uses are permitted with the following requirements:
(a) shall be constructed of metal;
(b) shall have at least three (3) inches clear vision between vertical posts, with a maximum post width of two (2) inches; and
(c) shall not exceed thirty-eight (38) inches in height measured from the adjacent natural grade.
(14) Permanently installed recreational sports equipment (including, but not limited to, basketball goals) shall be prohibited in the front yard of residential districts. Permanently installed recreational sports equipment attached to the residential structure shall be set back a minimum of fifteen (15) feet behind the front building line.
Exception: Detached, portable recreational sports equipment is excluded from this regulation.
8-501 IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM AND MAXIMUM REQUIRED SIDE YARD SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE AND NO BUILDING, STRUCTURE OR USE SHALL HEREAFTER BE LOCATED SO AS TO HAVE A SMALLER SIDE YARD ON EITHER SIDE OF SUCH BUILDING THAN HEREIN SPECIFIED.
8-502 SPECIAL SIDE YARD REGULATIONS:
(1) Every part of a minimum required side yard shall be open and unobstructed except for accessory buildings, fences and other appurtenances as permitted herein and the ordinary projections of window sills, belt courses, cornices, chimneys and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed thirty-six (36) inches into the minimum required side yard.
(1a) Air-conditioning condensing units may be located in the required side yard with the following conditions:
(a) Air-conditioning condensing units adjacent to residential building sites shall be screened by a solid wood fence or wall. Air-conditioning condensing units abutting a street, alley, or easement can be screened by landscaping, but shall not exceed the height of the screening;
(b) No more than five (5) air-conditioning condensing units can be located in one side yard. A minimum clearance of twenty-four (24) inches shall be maintained between the air-conditioning condensing unit and the side property line, or at least one (1) required side yard shall be kept clear of all air-conditioning condensing units; and
(c) Placement of new air-conditioning condensing units associated with the renovation, addition, and/or construction of a new residential structure shall comply with the regulations set forth herein. Replacement of existing air-conditioning condensing units that maintain a nonconforming status will be allowed to continue until the building site is redeveloped.
(2) Multiple-family dwellings not exceeding three (3) stories in height shall provide a minimum side yard of fifteen (15) feet between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in width may provide a minimum side yard of ten (10) feet. Where a building wall contains no openings for windows, light or air, a minimum required side yard of ten (10) feet shall be provided between such wall and the side lot line.
(2a) Multiple-family dwellings not exceeding three (3) stories in height located on fifty (50) feet wide building sites shall provide a minimum side yard of ten (10) feet.
(3) A multifamily dwelling not exceeding three (3) stories in height located on a corner lot shall provide a side yard adjacent to the side street of not less than ten (10) percent of the width of the lot but not less than ten (10) feet or more than fifteen (15) feet.
(4) Where apartment buildings or structures are constructed to exceed three (3) stories in height, a side yard equal to one foot for each two (2) feet of building height for all building faces or walls having openings for light, air or access shall be provided except that such side yard need not exceed fifty (50) feet. In all districts permitting the construction of apartment buildings exceeding three (3) stories in height, a minimum side yard of twenty (20) feet shall be required for any building face or wall which contains no openings for windows, light or air.
(5) On a corner lot used for one-family or two-family dwellings both street exposures shall be treated as front yards on all lots platted after the effective date of this ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the Town Council containing a side yard of ten (10) feet or more the building line provisions on the plat shall be observed. On lots which were official lots of record prior to the effective date of this ordinance the minimum required side yard adjacent to a side street shall comply with the minimum required side yard for the respective districts as specified in 8-501, “Minimum and Maximum Required Side Yard Schedule.”
(6) A one-family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten (10) feet and no complex of attached one-family dwellings shall exceed two hundred (200) feet in length. A minimum required side yard of five (5) feet shall be provided at the end of each one-family attached dwelling complex so that the end of any two (2) adjacent building complexes shall be at least ten (10) feet apart. (See Appendix Illustration 7)
(7) The minimum required side yards in a Planned Development District shall be established on the site plan which shall be made a part of the amending ordinance.
(8) No side yards is [are] specified for nonresidential use in the CS or GR Districts except where a commercial, retail or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten-foot side yard shall be provided on the side adjacent to such residential district, and whenever a lot or tract is utilized for nonresidential use and one side lot line abuts a street a minimum side yard of ten (10) feet shall be provided.
(9) Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the side property line of any tract or lot in the district where such use is permitted nor shall any canopy over such island be located nearer than ten (10) feet to any side property line.
(10) Whenever existing dwellings have failed to provide the minimum side yard as herein required, such structures may be altered and added to; provided, that such alteration, addition, or change does not reduce the nonconforming side yard below the dimension existing prior to such alteration, addition, or change. The provisions of Subsection
(11), not the provisions of this Subsection
(10), apply to any alteration or change of, or addition to, a combined building site.
(11) The minimum side yard required for a main building located on a combined building site within a B, C, D, E, or F district shall be 10% of the lot width of the combined building site with no maximum side yard limitation. See Section
26-101 a. and b. for applicability.
(12) An existing main building located on a combined building site within a B, C, D, E, or F district need not comply with setback requirements; however, any addition to the existing main building, or any replacement of the existing main building, shall conform to the requirements of Section 8-502(11).
(13) In the C, D, E, F and G Districts, all basements and cellars shall observe the same side yard setback standards applicable to the primary structure. No openings shall be allowed from the basement or the cellar to the side yard, except for vehicular access to authorized underground parking.
8-601 NO BUILDING OR STRUCTURE SHALL HEREAFTER BE LOCATED, ERECTED OR ALTERED TO HAVE A REAR YARD SMALLER THAN HEREIN REQUIRED:
(1) In all districts permitting residential structures, no main residential building, including any basement or cellar, may be constructed nearer than ten feet (10') to the rear property line. In the B, C, D, E, and F Districts, any structure, or portion thereof, located within forty feet (40') of the rear property line, shall not exceed twenty-five feet (25') in height, nor have a plate height exceeding twelve feet, six inches (12' 6"). Roof height shall be measured to the roof ridge, or projected roof ridge, whichever is higher, and the slope shall not exceed twelve (12) vertical units in twelve (12) horizontal units (12:12 pitch maximum). In all districts permitting residential structures, a main residential building shall not cover more than fifty percent (50%) of that portion of the lot lying to the rear of a line erected joining the midpoint on one side of the lot line with the midpoint of the opposite side lot line. For accessory buildings, see section 12. (See Appendix Illustration 3.)
(2) In the CS and GR Districts, no rear yard is specified except where retail or commercial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed herein, a minimum rear yard of ten (10) feet shall be provided.
(3) Every part of a required rear yard shall be open and unobstructed to the sky, except for accessory buildings or structures, fences as permitted in section 15 and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four (4) feet into the required rear yard and normal lawn appurtenances and landscaping.
(4) The minimum rear yard requirement in a Planned Development District shall be established on the site plan which shall be made a part of the amending ordinance.
(5) No accessory building, fence or other structure shall be located or erected so as to extend into or obstruct any alley or utility easement.
(6) Whenever existing dwellings have failed to provide the minimum rear yard as herein required, such structures may be altered or added to, provided that such change or addition does not further reduce the nonconforming rear yard.
(6a) In B, C, D, E, and F districts, any addition and/or change to structures within forty feet (40') of the rear property line, shall comply subsections
(1),
(7),
(8),
(9), and
(10).
(7) In B, C, D, E, and F residential districts, gables, dormers, windows, or doors located above the twelve-foot, six-inch (12' 6") plate line and within forty feet (40') of the rear property line, shall not face the side yards unless located a minimum distance twenty feet (20') from the side property line. Face shall mean a line of site directed perpendicular of the window glazing towards the referenced property line. Dormers or windows facing a side street on a corner lot shall not be required to meet this requirement. Dormers and windows cannot exceed four feet (4') in width, must be separated by a minimum of four feet (4'), and must be set back a minimum of thirty inches (30") from the top plate.
(8) In the B, C, D, E, and F residential districts, windows above the twelve-foot, six-inch (12' 6") plate line facing and within twenty feet (20') of the rear property line, shall be fixed and nontransparent.
(9) In B, C, D, E and F districts, a deck and/or porch more than thirty inches (30") above grade and a roof terrace and/or balcony shall not be located within forty feet (40') of the rear property line.
(10) In the B, C, D, E and F districts, fixed skylights that are flush-mounted with the roof are allowed above the twelve-foot, six-inch (12' 6") top plate line of the first floor within forty feet (40') of the rear property line. The lowest portion of such skylight shall be a minimum of six feet (6') high, measured vertically from the finished floor above the top plate.
8-700 LOT COVERAGE AND FLOOR AREA RATIO:
8-701 THE MAXIMUM PERCENTAGE ON ANY LOT AREA WHICH MAY HEREAFTER BE COVERED BY THE MAIN BUILDING AND ALL ACCESSORY BUILDINGS AND THE MAXIMUM RATIO OF FLOOR AREA TO THE TOTAL AREA OF THE LOT OR TRACT ON WHICH A BUILDING IS LOCATED SHALL NOT EXCEED THE FOLLOWING SCHEDULE FOR THE ZONING DISTRICTS DESIGNATED.
SCHEDULE–MAXIMUM BUILDING COVERAGE |
|---|
TYPE USE | DISTRICTS |
|---|
A | B | C | D | E | F | G | H | CS | GR | PD |
|---|
Maximum Percent of Lot Which May be Covered by Buildings | 20% | 30% | ** 40% | ** 40% | ** 40% | ** 35% | * 40% | * 40% | * 40% | * 40% | * 30% |
Maximum Floor Area-Lot Area Ratio | | | | | | | | 2:1 | 1:2 | 1:1 | 1:1 |
* See 8-702. (See Appendix Illustration 6) |
** The maximum building coverage for a combined building site shall be governed by Section 8-706. |
8-702 In the G, H, CS and GR districts where apartment buildings are constructed having covered vehicle parking facilities an additional ten (10) percent of the total lot area may be covered by the combined main building and covered parking facilities, but in no case shall the combined coverage exceed fifty (50) percent of the total area of the lot or tract upon which the main building is constructed.
8-703 Structures designed and used for off-street parking of vehicles incidental to the main use need not be included in the floor area when computing floor area ratio. Off-street parking structures constructed in connection with retail or service buildings in the CS or GR districts need not be computed as site building coverage.
8-704 In the CC country club-golf course district the maximum building coverage shall not exceed ten (10) percent of the total acreage.
8-705 In a planned development district for a church the maximum percent of a lot that may be covered is fifty (50) percent and the maximum floor area-lot area ratio is 1.25:1.
8-706 The maximum building coverage permitted for a combined building site within a B, C, D, E, or F district shall be 30%.
Editor’s note–Ordinance 1631, sec. 5, amended section
8-700 by adding a new section
8-705. Section
8-700 already contained a section
8-705; therefore, on advice from the Town, the new provisions have been included herein as section
8-706.
(Ordinance 740, sec. 7, adopted 5/4/70; Ordinance 847, sec. 1, adopted 3/1/76; Ordinance 972, secs. 3–5, 12/28/81; Ordinance 1008, sec. 1(2)–(6), adopted 9/6/83; Ordinance 1015, sec. 1, adopted 9/26/83; Ordinance 1335, sec. 1, adopted 7/1/96; Ordinance 1422, sec. I, adopted 11/1/99; Ordinance 1631, secs. 2–5, adopted 8/22/05; Ordinance 1634, sec. 1, adopted 9/26/05; Ordinance 1780, secs. 2–4, adopted 1/26/09; Ordinance 1873, sec. 4, adopted 10/24/11; Ordinance 1927, secs. 1–3, adopted 9/9/13; Ordinance 2043, sec. 2, adopted 1/28/19)