The purpose of this article is to modify, extend, supplement, clarify and/or qualify in specific cases the zoning district regulations, which appear elsewhere in this ordinance. Specific provisions given in this article shall apply to the specific conditions enumerated herein and shall supersede general regulations for the zoning districts.

(Ord. of 1-13-2002; Ord. of 4-11-2005; Ord. of 4-9-2007(1))

A.

Yards to be open. When yards are required in a district, every part of a required yard shall be unobstructed by a building, structure or use, except that:

(1)

Off-street parking spaces are permitted in a front, side or rear yard, provided that no parking space shall be located within a triangle composed of two 20-foot legs of intersecting streets.

(2)

Sills, belt courses, eaves, normal roof overhangs and similar architectural features of a building may project into required yards.

(3)

An open, unenclosed paved terrace may project into the required front yard for a distance not exceeding ten feet.

(4)

Chimneys, fireplaces, or pilasters may not project over two feet into a required yard.

(5)

Open or lattice enclosed fire escapes shall not project over five feet into a required yard.

(6)

An unenclosed carport, attached to a dwelling, may extend into any required side yard a distance of not more than five feet but not nearer to any side lot line than a distance of five feet.

(7)

Residential ramps and landings necessary for use by physically disabled persons may project into required yards a distance not exceeding 12 feet. The ramp and landing must be part of the accessible route to a private driveway.

B.

Yards for multiple buildings on same lot.

(1)

Where a lot is used for a commercial or industrial purpose, more than one main building may be located upon the lot but only when each separate building is provided with open space equivalent to the yard requirements of the district in which the lot is located.

(2)

Where a lot is to be used for multifamily residential or institutional purposes, more than one main building may be located on the lot, but only when there is provided between buildings that are parallel, or within 45 degrees of being parallel, a minimum of:

• 20 feet for one-story buildings,

• 30 feet for two-story buildings, and

• 40 feet for three-story buildings.

No dimension between any two buildings shall be less than 15 feet. When such buildings are of varying height, the buildings with the greater height shall be used for application of height regulations.

C.

Walls and fences.

(1)

Front, side and rear yard requirements shall not apply to fences and walls not exceeding six and one-half feet in height, or to permitted signs (as described in article 16) and customary yard ornaments and accessories, except as provided in article 2, visibility at intersections.

(2)

Yard requirements shall not apply to any retaining wall erected in conformity with other applicable county ordinances.

D.

Water-related facilities. Permitted docks piers, bulkheads, boat landings, boat houses, marinas, marine railways, and similar structures which by their nature and intended use must abut, be adjacent to or extend into a waterway, shall not be subject to required yards adjacent to side or rear lot lines which follow the edge of or lie within such waterway.

(Ord. of 1-13-2003(1); Ord. of 4-11-2005; Ord. of 4-9-2007(1); Amend. of 4-8-2013(5))

A.

Redefinition of front yards in partially built-up block. The following applies to partially built-up blocks in subdivisions for which no front building setback line was established on the subdivision plat nor has been established by a previous determination of the zoning administrator:

(1)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater in depth than the front yard herein required, new buildings shall observe the front yard so established by existing buildings.

(2)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard, the average setback of the existing buildings shall be taken in lieu of the front yard otherwise required, but provided that no residential or non-residential building shall be located on a lot so that the rear line of the new building is located closer to the street than the front line of an existing residential building on an adjacent lot.

(3)

Where a legally recorded subdivision plat which was recorded prior to the effective date of this ordinance establishes a building setback line, such setback line shall be used in lieu of the setback or front yard otherwise established by this ordinance.

B.

Projections into front yards.

(1)

An enclosed vestibule or bay window containing not more than 40 square feet of floor space may project into the required front yard for a distance not exceeding four feet.

(2)

Awnings may project into the required front yard for a distance not exceeding three feet.

C.

Corner lot. The required front yard on a corner lot shall be observed on the frontage having the lesser dimension; the other frontage shall be considered a side yard (see separate rule for side yards). The minimum side yard on the side facing the side street shall be 25 feet or more for both main and accessory buildings.

D.

Double frontage lots. In case a lot extends through a block from street to street and where a front yard is required from such streets, front yards shall be provided along each street frontage.

E.

Minimum lot depth preserved. The front yard regulations of this ordinance shall not be applied to reduce the distance between the front building line and the rear of a lot to less than 80 feet.

F.

Signs and poles. When permitted in a district, signs or poles, except "advertising signs", may be erected in a required front yard.

Also see applicable provisions of article 16, Signs.

G.

Motor fuel pump islands. Motor fuel pumps and pump islands, including accompanying unenclosed canopies, may be located within a front yard in a district that permits motor fuel service stations as an accessory or subordinate use to such motor fuel service station or to a retail convenience store; provided they are located not less than 25 feet from the street right-of-way line; and provided further, that in no district shall these accessory uses be located less than 50 feet from the boundary line of any dwelling district.

(Ord. of 1-13-2003(1); Ord. of 4-11-2005; Ord. of 4-9-2007(1))

The side yard regulations shall be adjusted in applicable cases in conformity with the modifications set forth as follows:

A.

Side yards to multiple dwellings. For the purpose of the side yard regulations, a two-family dwelling, town house cluster, or a multiple-dwelling building shall be considered as one building occupying one lot.

B.

Dwelling above commercial. Unless otherwise provided for in this ordinance by a specific regulation, where dwellings are permitted to be erected above an existing predominantly commercial establishment, the required side yard shall be the same as required for the commercial buildings.

C.

Commercial in predominantly residential building. Commercial uses in a predominately residential building: Unless otherwise provided for in this ordinance by a specific regulation and where commercial uses are erected in the same building, the side yard requirements for dwellings in the district in which the use is located shall apply to both residential and commercial uses.

(Ord. of 1-13-2003(1); Ord. of 4-11-2005; Ord. of 4-9-2007(1))

The height and bulk regulations shall be adjusted in applicable cases in conformity with the modifications set forth as follows:

A.

Public/semi-public building height: A public or semi-public building such as a school, church, library, or general hospital may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased three feet for each foot in height over 35 feet.

B.

Chimneys, steeples, towers.

(1)

The height regulations set forth in this ordinance shall not apply to buildings intended for agricultural uses, or to spires, belfries, cupolas, antennae attached to buildings, water tanks, windmills, ventilators, chimneys or similar appurtenances attached to the roof of a building and not intended for human occupancy, provided that the height of such appurtenances shall not constitute a hazard to the safe operation of aircraft.

(2)

The height of freestanding antennae in any district shall be no greater than the distance from the base of the antenna to the nearest property line.

C.

Accessory buildings Accessory buildings shall not be constructed in a front yard on a lot that is three acres or less, except on waterfront lots as provided in footnote 2 of Table 5.1. An accessory building may be constructed in a front yard on a lot that is more than three acres, provided that the requirements for front yard setbacks in article 5, Table 5.1 are met and in conformity with all other applicable provisions of this ordinance.

(1)

No accessory building shall be more than one story in height, which is within 15 feet of an adjoining property line.

(2)

Accessory buildings located closer than ten feet to a main building shall be construed to be a part of the main building for the purposes of yard regulations and such buildings, whether connected to the main building or not, shall observe all front, side and rear yard regulations applicable to main buildings.

(3)

No accessory building shall be used for dwelling purposes.

(4)

An accessory building may be built in a rear yard but provided that it shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line.

(Ord. of 1-13-2003(1); Ord. of 4-11-2005; Ord. of 4-9-2007(1); Amend. of 4-8-2013(5))

A.

Open space partially surrounded by buildings. Where an open space is more than 50 percent surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story buildings.

B.

Subordinate retail sales in an Industrial (I) District. This provision is intended to permit retail sales, as a subordinate use to a main manufacturing or industrial use and to this end the following shall apply:

(1)

The retail sales area, including but not limited to showroom and outdoor display area, shall not occupy more than 15 percent of the floor area of the main industrial use.

(2)

Retail sales shall be permitted only after or simultaneously with the establishment of the main use and shall not be continued in use after the discontinuation of the main use.

C.

Building relocation. Buildings and structures erected prior to August 12, 1986, may be relocated within the boundaries of a building lot and shall not be subject to current yard requirements. Such buildings shall have yards equal to or greater than those at the original building date and site.

D.

Building replacement. A single-family dwelling erected prior to August 12, 1986, with a state approved septic system and water supply may be replaced on the original building site. Such dwelling shall have required yards equal to or greater than those at the original date and site.

(Ord. of 1-13-2003(1); Ord. of 4-11-2005; Ord. of 4-9-2007(1))