Kanarraville City Zoning Code
SUPPLEMENTARY AND
QUALIFYING REGULATIONS
§ 152.095 EFFECT OF SUBCHAPTER.
The regulations hereinafter set forth in this subchapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this chapter.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.096 SUBSTANDARD LOTS AT TIME OF ORDINANCE PASSAGE.
Any lot legally held in separate ownership at the time of passage of this chapter, which lot is below the requirements for lot area or lot width for the district in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided that, in no case shall the smaller of the two side yards be less than five feet or the total width of the two side yards be less than 13 feet.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.097 LOT STANDARDS.
Except as provided in this chapter, every lot, existing or intended to be created, shall have such area, width and depth as is required by this chapter for the district in which such lot Is located and shall have frontage upon a dedicated or publicly-approved street or upon a private street or right-of-way approved by the Town Planning Commission, before a building permit may be issued.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.098 EVERY DWELLING TO BE ON A LOT; EXCEPTIONS.
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this chapter for the district in which the dwelling structure is located. Group dwellings, cluster dwellings, condominiums and other multi-structure dwelling complexes under single ownership and management, which are permitted by this chapter and have approval from the Town Planning Commission, may occupy one lot for each such multi-structure complex.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.099 YARD SPACE FOR ONE BUILDING ONLY.
No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.100 PRIVATE GARAGE WITH SIDE YARD; REDUCED YARDS.
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this chapter, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on anywhere such garage has such side yard, the rear yard of the dwelling may be reduced to 15 feet; provided, the garage also has a rear yard of at least 15 feet.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.101 SALE OR LEASE OF REQUIRED SPACE.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this chapter for lot or building may be sold or leased away from such lot or building.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.102 SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS.
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.103 YARDS TO BE UNOBSTRUCTED; EXCEPTIONS.
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features which project into a yard not more than two and one-half feet, and open or lattice-enclosed fire escapes, fire-proof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.104 AREA OF ACCESSORY BUILDINGS.
No accessory building or group of accessory buildings in any residential district shall cover more than 25% of the rear yard.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.105 ADDITIONAL HEIGHT ALLOWED.
Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.106 EXCEPTIONS TO HEIGHT LIMITATIONS.
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. All height exceptions are subject to conditional use permit.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.107 SCENIC VISTAS TO BE UNOBSTRUCTED.
(A) All height exceptions (subject to conditional use permit) shall in no way inhibit or obstruct a scenic vista of surrounding neighbors.
(B) All conditional use permits made to the Town Planning Commission shall include the notification and signatures of potentially affected neighbors within 500 feet.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.108 MINIMUM HEIGHT OF MAIN BUILDING.
No building, excepting farm buildings, which is accessory shall be erected to height less than one story above grade. Exceptions shall be made to a bona fide earth shelter home. See § 152.006.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.109 MAXIMUM HEIGHT OF ACCESSORY BUILDINGS.
No building which is accessory to a one-family, two- family, multi-family dwelling shall be erected to a height greater than one story or 20 feet.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.110 CLEAR VIEW OF INTERSECTING STREET.
In all districts which require a front yard, no obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points 40 feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.111 MAXIMUM HEIGHT OF FENCES, WALLS AND HEDGES.
(A) Fences, walls and hedges may be erected or allowed to the permitted building height when located within the buildable area; provided that, any physical structure over six feet in height shall require approval of Planning Commission and Town Council.
(B) Notwithstanding any other provisions herein, no fence, wall or hedge exceeding four feet in height shall be erected or allowed closer to any street line than the required building setback line.
(C) For purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two plants is and remains at least five feet.
(D) Where a fence, wall, or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.
(E) Fencing and walls eight feet in height, including protective gates, shall be required around swimming pools, Jacuzzis and similar structures.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.112 WATER AND SEWAGE REQUIREMENTS.
All proposed building or proposed use shall be connected to an approved water system within the town limits. All proposed building or proposed use within the town shall be connected to an approved individual septic system or sanitary sewer system.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.113 CURBS, GUTTERS AND SIDEWALKS.
(A) The installation of curb, gutter and sidewalks of a type approved by the Town Council may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established.
(B) Such curbs, gutters and sidewalks may be required as a condition of building or use permit approval.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.114 BEAUTIFICATION.
(A) Buildings, uses and lots shall be maintained in such a manner as to enhance community pride and beautification.
(B) No junk, rubbish, weeds or other unsightly material or conditions shall be permitted on any lot, right-of-way or easement or as a part of any building or use.
(C) No inoperable or unlicensed vehicles are allowed within the public right-of-way.
(Ord. 03-09-2000, passed 3-3-2000)