Manchester Village City Zoning Code
ARTICLE VIII
Permitted Modifications
§ 290-39 Zone lot regulations.
Existing zone lots of record.
A nonconforming zone lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that the owner of such does not own any adjoining property which would create a conforming lot if all or part of said property were combined with the subject zone lot, and provided that the minimum area for such lot shall be 8,000 square feet and the minimum lot width requirement shall be 80 feet and that all other provisions of this chapter are adhered to. No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.
A permit for the use of preexisting lots which are less than 8,000 square feet in area or less than 80 feet in width may only be issued following the approval of a variance by the Board of Appeals.
§ 290-40 Height regulations.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos and other buildings not used for human occupancy.
Chimneys, ventilators, skylights, water tanks, freestanding towers, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitation of this chapter by not more than 15 feet.
The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornament which may extend above the height limits of this chapter by up to five feet.
Public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side and rear yard setbacks are increased by two feet for each one foot of such additional height up to a maximum height of 50 feet and provided that on-site fire protection facilities approved by the local fire company are installed.
§ 290-41 Yard regulations.
Side yard reduction.
The width of one side yard in a residential district may be reduced to not less than 10 feet, provided that the sum of the widths of the two side yards is not less than the required minimum, and further provided that the distance between the proposed structure and either an existing or proposed structure on an adjacent zone lot is not less than the required minimum sum of the widths of the two side yards.
In the case of lots which comply with the provisions for modification (see § 290-39A), the combined total side yard requirements, as specified in the Zoning Schedule,[1] shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in the schedule for the zone in which located. In no case shall the combined side yard width be reduced to less than 24 feet, nor shall any single yard be less than 10 feet in width.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Front yard exception. In any district where the frontage on the same side of the street within 200 feet of the subject property is 50% or more developed, the required front yard setback from the right-of-way line for a new structure may be modified to the average for such existing development, except that no building shall be required to be set back more than 50 feet from the street line. Otherwise, the requirements of the schedule shall apply.[2]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 290-42 Projections into required yards.
Certain architectural features may project into required yards as follows:
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding four feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located.
Patios may be located in side and rear yards, provided that they are not closer than 10 feet to any adjacent property line.