Minimum lot area and lot width regulations in any zone shall not apply to repeater, booster, transformer or switching stations or dial offices.

In any district wherein a single-family dwelling is permitted, such dwelling may be permitted on any lot or parcel which is of official record by deed or a subdivision duly recorded in the plat records of Carroll County as of the effective date of this chapter, provided:

(Reserved)[1]

In those areas where the minimum lot area is required to be 40,000 square feet and the minimum lot width is 150 feet, the Planning Commission may modify lot width in the approval of a subdivision plan, but in no case shall such width be reduced where subdivision lot(s) front on an existing county or state road or street. Where the required minimum lot width of 150 feet is determined eligible for modification and reduction by the Commission, in no case shall an individual lot be reduced below 125 feet in width nor shall the average lot width for all lots on a subdivision plan be reduced below 135 feet.

Where the average setback line of at least two existing buildings on lots which are on the same side of the street or road and within 200 feet of the lot in question is less than the minimum setback prescribed by this chapter, the minimum setback line shall be the average setback line of all buildings within 200 feet of the proposed building. However, in no case shall the setback line be less than 35 feet from the center line of any abutting road or street.

Accessory buildings must be separated from the principal building by at least six feet; and they must adhere to minimum front and side yard requirements unless they are located totally in the rear yard, in which case the side and rear setbacks shall be a minimum of five feet.

If attached to the main building, a carport, deck, or a one-story open porch with or without a roof may extend into any required yard not more than 25% of the minimum required depth of a front or rear yard or of the minimum required width of a side yard. If enclosed at a later date, a Town of Manchester variance will be required.

Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and leaders may extend into any required yard not more than four feet, provided that such projections (excepting eaves and chimneys) are not over 10 feet in height.[1]

Building height limitations shall not apply to water tanks, barns, windmills, silos or other accessory farm structures; nor to belfries, steeples, spires; electric or communication poles or towers, electric generating plants, electric transforming or switching equipment; radio, television or radar towers; chimneys or smokestacks; flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways; nor to tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building. No penthouse or roof structure shall have a total area greater than 25% of a roof area, nor shall such structure be used for any purpose other than a use incidental to the main use of the building.

In any R or B District, the height of a building may be extended to three stories, but not over 40 feet, if each side yard is increased in width 1/2 foot for each additional one foot of height above the normal maximum limit.

On any lot where the average finished slope adjoining the building exceeds a grade of 7%, one story in addition to the number permitted in the zone in which such lot is situated shall be permitted on the downhill side of any building erected, but the building height limit shall not otherwise be increased above that specified for the zone.

In any zone where public or quasi-public buildings are permitted, such buildings may be erected to a height of 120 feet, but the minimum front, rear and side yards shall be increased one foot for each foot of height above the limit established for the zone in which the building is erected.

A person may apply to the Zoning Administrator for a variance from the requirements and regulations listed in § 250-95. The application shall be made on a form and in a manner prescribed by the Board.

In cases where a variance is less than 50% of the minimum size or number allowed by this chapter, the variance may be heard by the Zoning Administrator. Any larger variance request will be heard by the Board of Zoning Appeals.

The Zoning Administrator has the discretion to refer any request for a variance to the Board of Zoning Appeals for a hearing. An applicant may apply directly to the Board pursuant to § 250-104.

For any variance hearing held by the Zoning Administrator, the Zoning Administrator shall conduct a hearing on the application.

At least 14 days in advance of the public hearing, the Zoning Administrator shall post the property with notice of the pendency of the application and shall notify the adjoining property owners of the application by first-class mail of the date, time and place of the hearing.

Any person may attend the hearing, and the Zoning Administrator shall allow all parties who are present an opportunity to be heard concerning the application.

Within 15 days of the conference, the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and facts which support it. In making the decision, the Zoning Administrator may grant the variance only in cases where the strict compliance with the terms of this chapter would result in practical difficulty or unreasonable hardship which have not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator shall not grant a variance if to do so would violate the spirit and intent of the regulation, or cause or be likely to cause substantial injury to the public health, safety and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in § 250-112.

A decision of the Zoning Administrator made pursuant to § 250-96 constitutes a zoning action. Appeals of the decision of the Zoning Administrator may be made to the Board of Zoning Appeals within 30 days of the decision. If not timely appealed, the Zoning Administrator’s decision is final.