Middleton City Zoning Code
SECTION 4
0 Dimensional Requirements
4.1 General dimensional requirements.
4.1.1.
Table of Dimensional Requirements. No building or structure shall be constructed nor shall any existing building or structure be enlarged or altered except in conformance with the Table of Dimensional Requirements,[1] as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear setbacks, and maximum height of structures except as may otherwise be provided elsewhere herein.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
4.1.2.
Notes to Table of Dimensional Requirements. The notes attached to the Table of Dimensional Requirements shall have the force and effect of the Table itself.
1.
Lot width. Lot width shall be measured as the shortest distance between side lot lines taken through the dwelling. In the event of an irregularly shaped lot and a question as to the identification of the appropriate side lot lines for the foregoing measurement, the matter shall be decided by the Building Commissioner with the advice of the Planning Board. At no point between the street frontage line and the principal structure shall the lot be narrower than 75% of the required lot frontage.
[Amended 5-14-2013 ATM by Art. 6]
2.
Front yard. In the R-1a, R-1b, and RA Districts the required front yard is 25 feet to the lot line or 50 feet to the street center line, whichever is greater
3.
Open area; Business and Light Industrial Districts. At least 25% of the lot area shall be free of structures, paving, storage areas or other elements which preclude vegetation.
4.
Business and Light Industrial District; North Main Street. For lots with frontage on North Main Street, front yard building setback of not less than 100 feet from the center line of the street shall be required. The required front yard shall be maintained and planted as open space.
5.
Business and Light Industrial District; lots abutting Residential District. Where a lot abuts a Residential District, side and rear yards of not less than 35 feet shall be provided. In such cases, parking shall not be permitted in these setback areas unless buffer screens are provided.
6.
Front yard; Business District. Front yards shall be green and open, be suitably landscaped, be unbuilt upon, be unpaved and not parked on. Adequate entrances and exits shall be allowed in this front yard.
7.
The total number of apartment dwelling units in an IH District shall not exceed 416 of such units. The maximum number of buildings (accessory buildings excepted) in an IH District shall not exceed eight of such buildings in the aggregate.
8.
In the M-1 District, an industrial park shall have a minimum lot size of at least 320,000 square feet (7.346 acres). This requirement does not prohibit the construction of more than one building on a lot of less than 320,000 square feet in the M-1 District, provided that the lot meets all other requirements of the M-1 District.
9.
No dwelling, or part thereof, shall be located within the front, side and rear yard setbacks, as defined by the Table of Dimensional Requirements.
[Added 5-14-2013 ATM by Art. 6]
4.1.3.
Reduction of lot size and frontage; eminent domain. No lot shall be reduced in area or frontage if it already has or will be caused to have less area or frontage than required by these bylaws, except by a taking by eminent domain or a conveyance for a public purpose. In such case of eminent domain or conveyance, the lot shall be remain a buildable lot to the extent it was a buildable lot before such action.
4.1.4.
Appurtenant open space. No yard or other open space required for a building by these bylaws shall, during the life of such a building, be occupied by another building or be counted as open space for another building.
4.2 Special dimensional regulations.
4.2.1.
Lots with more than one frontage. Lots abutting more than one street shall be provided with the required frontage on all such abutting streets.
4.2.2.
Exceptions to height requirements. Limitations of height shall not apply to such structures as belfries, flagpoles, chimneys, radio and television antennas, windmills, silos, water tanks and similar nonhabitable structures. In the IH District, the limitation of height in feet shall not include water tanks, transmission towers, observation towers nor chimneys, ventilators, skylights, tanks, bulkheads, elevator penthouses, aerials nor any other necessary features usually carried above roofs, towers or church spires or other buildings if such features are in no way used for living purposes.
4.2.3.
Corner clearance. Within an area formed by the side lines of intersecting streets and a line joining points on such lines 25 feet distant from their point of intersection, or in case of a rounded corner, from the point of intersection of their tangents, no structure or fences shall be erected and no foliage maintained between a height of 3.5 feet and a height of eight feet above the plane through the curb grades.
4.2.4.
Front yards. Every structure in all districts shall be so located as not to extend within 25 feet of the street line or building line, or 50 feet from the street center line, whichever is greater, except as otherwise set forth herein, except that no building need be set back more than the average setback of the buildings on either side, a vacant lot being counted as though occupied by a building set back 25 feet from the street side line. If a lot abuts on more than one street, the full front yard shall be provided for each street.
4.2.5.
Business District; special permit. A lot in the Business District which does not meet the area or frontage requirements of this Section 4.0 may apply for a special permit from the Board of Appeals to exempt such lot from the dimensional requirements for lot area, lot frontage and width, and side and rear yards. Any such special permit shall ensure compliance with the needs of public safety, health and welfare.
[Added 5-12-2009 ATM by Art. 33]