MAXIMUM HEIGHT OF BUILDINGS

MINIMUM FLOOR AREA PER DWELLING UNIT (D & K)

MAXIMUM LOT COVERAGE-RESIDENCES ONLY (L & M)

FOOTNOTES TO ARTICLE XIII, SCHEDULE OF REGULATIONS

A.

In Zone 1, 2, 3 and 4 on a lot occupied by any building which is permitted on said zones other than solely for residential purposes, the width of each side yard shall be not less than twenty-five feet (25') and rear yard not less than fifty (50') feet. In the case where the rear yard abuts on any street or lane, the minimum depth of the rear yard shall conform to the front yard requirements.

B.

In the event that there is an Established Residential Building Pattern along a road, then the required front yard setback shall either be determined in accordance with the standards in Section 4.36, or the minimum requirements in Article XIII, whichever is greater. Notwithstanding the requirement, the front yard requirement on a lot of record at the time of adoption of Ordinance No. 14.01, which has a depth of less than one hundred and twenty (120') feet, may be reduced to one quarter (¼) of such lot depth, but this shall not permit a depth of less than twenty feet (20') in any case. In Zone 1, 2, 3 and 4 on a lot occupied by any building which is permitted in said zone other than solely for residential purposes, the required front yard shall be fifty (50') feet. For lakes lots, as defined in Section 2.36, the setback for any building from an adjacent street opposite a lake or waterway shall be determined as follows: In the event that there is an Establishment Residential building Pattern along a road, then the required front setback shall either be determined in accordance with the standards in Section 4.36 or the minimum requirements in Article XIII, whichever is greater. (See also Footnote C for required lake setbacks on lake lots).

C.

Lots on Lakes or Waterways: No structure including a principle or accessory building erected on said lot or parcel shall be nearer than seventy-five feet (75') (as measured on the horizontal from the water line as established by the legal level of the lake) to the said lake, river, stream or other navigable waterway, except as is permitted in Section 4.09, or the Established Residential Building Pattern. In the event that there is an Established Residential Building Pattern along the waterway, then the required front setback shall be determined in accordance with the standards in Section 4.36.

D.

Tri-levels shall be computed using the total square footage of the two (2) uppermost level; this total to be equal to minimum requirements of one (1) floor residences.

E.

The width of a side yard abutting upon a side street or lane shall not be less than the minimum front yard depth required on an adjoining lot fronting upon such Side Street or lane, but this shall not reduce the buildable width of any twenty-five feet (25') at the ground level.

F.

The area of buildings at the ground level iu this district shall not exceed forty percent (40%) of the lot area and the sixty percent (60%) of the lot area remaining shall be divided between front yard, side yard and rear yard; provided, however, that no rear yard shall have a depth of less than twenty feet (20'). On the side of a lot which abuts property located in any residential zone, a side yard of not less than twenty feet (20') in width shall be provided. In all cases where a building has a wall not of fireproof construction or a fireproof wall pierced with windows or other openings, the building shall be accessible on at least two (2) sides by public street, lane or alley or by a passageway, open above ground, not less than ten feet (10') wide, measured to the lot line, extending to a public street, lane or alley.

G.

No commercial office building shall be erected on any lot if said building contains less than six hundred (600) square feet of floor space at the ground floor level, provided, that this shall not apply to automobile service stations containing more than four hundred (400) square feet of floor space.

H.

The minimum required road frontage shall not be less than eighty percent (80%) of the minimum lot width for the zone which the property is located.

I.

1.

Structures in Zone 3 that were built on or before November 17, 1987, in compliance with the ten feet (10') side yard setback that was required at the time of construction, shall be considered in conformance with current side setback requirements.

2.

Structures in Zone 3 that were built after November 17, 1987 but before April 9, 1998, and structures in Zone 1, 2, and 4 that were built before April 9, 1998, and that were built in compliance with the side yard setback that was in effect on April 8, 1998 (i.e. Zone 1:6 ft.), shall also be considered in conformance with current side setback requirements.

3.

Enlargement or extension of a structure referred to in the previous paragraphs (1) and (2) shall be permitted on one or both sides that do not comply with the side yard setback requirements specified in the Schedule of Regulations (including the requirement in footnote "n" related to 30% of building width), provided that such enlargement or extension does not reduce the structure's current setback along one or both sides. Any such enlargement or extension shall be considered in conformance with side setback requirements. Nothing in this regulation shall prevent construction that is in compliance with side setback requirements specified in the Schedule of Regulations.

J.

The maximum building height shall be determined separately for each side of the building, and shall be measured from the building grade (as defined in Section 2.02) to the highest point on the roof. Buildings and structures shall comply with the following maximum height standards:

1.

Pitched roof buildings (where the slope of the roof is 1 foot vertical to 4 feet horizontal);

i.

Zone 1 and 2 .....30 feet

ii.

Zone 3 and 4 .....35 feet

2.

Flat roof buildings (where the slope of the roof is less than 1 foot vertical to 4 feet horizontal);

i.

Zone 1 and 2 .....25 feet

ii.

Zone 3 and 4 .....28 feet

3.

Buildings with a lower level walk-out: The maximum height specified above may be increased by ten (10') feet for residential buildings having a lower level walk-out (as defined in Section 2.02), provided that the walk-out was created because of the natural contour of the land. This provision shall apply only to the side(s) of the building on which the walk-out is located and the side(s) of the building which slope down to the lower level walk-out, provided that the natural contour of the land provides a grade change of at least six (6') feet within the footprint of the proposed residential building.

4.

Daylight Windows. Building with daylight windows: The maximum height specified above may be increased by five (5') feet for residential buildings which have lower level daylight windows, provided that the opportunity for the daylight windows was created because of the natural contour of the land. This provision shall apply only on the side(s) of the building on which the daylight windows are located and the side(s) of the building which slope down, provided that the natural contour of the land provides a grade change of at least three (3') feet within the footprint of the proposed residential building.

K.

For the purpose of determining Minimum Floor Area, a walkout lower level shall not be counted.

L.

The computations to determine compliance with the lot coverage requirements for "Residences Only":

1.

The principal building.

2.

All attached accessory buildings and structures and physical features, which may include, but not limited to: swimming pools, garages, patios and terraces (constructed with mortar or dry laid without mortar), tennis courts, decks, greenhouse, and similar structures and features.

3.

Projections beyond the face of the building (e.g., chimneys, bay windows, lower or upper floor decks, upper floors that cantilever beyond the footprint of the lower level, and below-ground projections). Eaves and roof overhangs shall be included in lot coverage, except that up to twelve (12) inch eave or roof overhang and five (5) inches for the gutter shall be exempt.

4.

Accessory buildings and structures within ten (10) feet of the principal building.

The computations to determine compliance with the lot coverage requirements for "All Buildings" shall include the area of the lot covered by all attached and detached accessory buildings and structures. Accessory buildings and structures that are located greater than ten (10) feet from the principal building shall be considered detached. For the purpose of lot coverage computations, driveways and parking areas shall be considered detached.

M.

Landscaped open space shall include landscaped areas and shall exclude any hard- surfaced area or impervious ground cover such as unenclosed ground level projections or driveways. Fountains, sculptures, and similar features that are permitted as part of an approved landscaped design shall be included as landscaped open space.

N.

For the purpose of this requirement, building site width shall be the smaller of the following two measurements:

1.

Building site width measured at the front building line (as defined in Section 2.02).

2.

Building site width measured along a straight line that touches the rear-most part of the principal building and is the shortest distance between the side lot lines (i.e., the rear building line).

** The following building sites shall be exempt from the 30.0% requirement, but shall comply with the numerical setback specified for each district (Zone 1: 8 ft., Zone 2: 10 ft., Zone 3: 15 ft., and Zone 4: 20 ft.).

**HVAC equipment and power generators shall be excluded from calculations to determine compliance with the 30.0% side setback requirement.

1.

Corner building sites.

2.

Building site that did not comply with the width requirements specified in Article XIII at the time of enactment of this provision. However, such building sites shall not be exempt from the 30.0% requirement if the sites are proposed to be enlarged to achieve compliance with the lot width requirements in Article XIII.

O.

The purpose of the lot area standards are to achieve adequate open space around and between dwelling units, achieve building development that is proportional to the size of a lot, provide adequate land on each lot to allow development without the need of variances, preserve the character of the neighborhood, and maintain privacy on each building site. This can be accomplished on lots meeting the minimum area standards that are nearly rectangular in shape, but as more difficult to accomplish on lots with more than four sides and where a portion of the required lot area is located in appendages or extensions off of the main buildable portion of the lot.

Consequently, proposals to create new lots or building sites on a lot which;

a.

Have more than four sides.

b.

Has an appendage.

c.

Has less than the minimum lot area required of the area in the appendage is not included in the lot area calculation, shall not be permitted.