General lot regulations shall apply as herein set forth:

(1)

One principal structure per lot. Every principal structure hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one main residential building and its accessory buildings on one lot of record except as provided for group developments and mobile home parks.

(2)

Street access. No structure shall be erected on a lot which does not abut a street and no dwelling shall be erected on a lot which does not abut a street for at least 35 feet, such frontage to be continued from the property line to the building setback line, except as a planned group development.

(3)

Reduction of lot size prohibited. No lot shall be reduced in area so that lot and/or yard areas below the minimum required under this chapter shall result. If two or more adjacent platted lots are in common ownership and are platted on record in the office of the register of deeds of the county on the effective date of [the ordinance from which] this chapter [is derived] for the zoning area, and such platted lots individually are too small to meet the yard and area requirements of the district in which they are located, such groups of platted lots shall be considered as defined herein and the lot or lots shall be subject to the requirements of this chapter. However, lots 50 feet or more in width may be treated as recorded lots less than minimum width.

(4)

Recorded lots less than minimum requirement. Where any lot of record on the effective date of [the ordinance from which] this chapter [is derived] for the zoning area in a district which shows residential uses does not contain sufficient land to permit conformance to the dimensional requirements of this chapter, such lot may be used as a building site for a single-family residence, provided that the lot area and yard dimensions are not reduced below the minimums specified in this chapter by more than 17 percent.

(5)

Lots without community water and/or sewer. Any lot that is not served by community water and/or sewer, in addition to the regulations of the district in which such lot is located, must be certified by the county health department to be large enough to meet all applicable regulations regarding water supply and/or sewage disposal.

(6)

Building lines on irregularly shaped lots. Locations of front, side and rear buildings lines on irregularly shaped lots shall be determined by the administrative officer. Such determinations shall be based on the spirit and intent of the district regulations to achieve spacing and location of buildings or groups of buildings on individual lots.

(7)

Corner lots. All structures on corner lots in residential districts shall be set back at least 15 feet from the side street property line or 40 feet from the centerline of the side street, whichever is the greater distance. Structures on corner lots in residential districts on which houses are to front on each of the intersecting streets shall observe the front yard requirements on each of the intersecting streets within the same block if they are located within subdivisions which are recorded after the effective date of [the ordinance from which] this chapter [is derived]. Structures on corner lots in residential districts which observe the front yard requirements of the two intersecting streets may reduce the required rear yard by 20 feet.

(8)

Lot area exception in conservancy districts. In the CD conservancy district, the area May be used as part of any contiguous zoning district for calculating density of an entire development and satisfying setback requirements for lots within the development. That portion of such lots within the development falling within the CD district shall only be used for open space uses, and no principal or accessory structures shall be permitted, except boat landing piers when permitted by applicable federal, state, or local regulations.

(Code 1978, § 12.100; Code 1995, § 156.085; Ord. of 1-10-1972; Ord. No. (2012)10, § 3, 8-13-2012; Ord. No. (2021)1, 6-28-2021)

General yard regulations shall apply as follows:

(1)

Projection into yard space.

a.

Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projections of sill, belt courses, buttresses, cornices, ornamental features, sundecks, balconies, open porches, and eaves; provided that none of the above projections shall project into a required yard more than four feet.

b.

Canopies, eaves and marquees may extend into a required yard in a commercial or industrial district provided that no more than ten percent of the square footage within the required yard is covered by such canopies, eaves, and marquees, and provided further, that supports for such canopies, eaves and marquees shall not be solid and shall not interfere with the free movement of traffic, the required off-street parking, and the sight view of adjacent properties.

c.

Open fire escapes, outside stairways, the ordinary projections of chimneys and flues, swimming pools, flagpoles, decorative fountains, and other similar items may be erected in required yards when placed so as not to obstruct light and ventilation necessary for the structure.

(2)

Determination of front yard setback. The front yard requirements of this chapter shall not apply on lots where the average depth of existing front yards on developed lots, located within 100 feet on each side of a lot, within the same block and zoning district as such lot, is greater or lesser than the minimum required front lot depth. In such cases the depth of the front yard on such lot shall not be less than the average front yard depth on such developed lots. This provision shall not require a structure to [be] set back from the street or road a greater distance than that distance set forth in this chapter or the setback line observed by the closer of the two existing main buildings on immediately adjoining lots. In no case, however, shall any residential structure be placed closer than 50 feet from the centerline of a street on which it faces or within 40 feet from the centerline of a side street. The location of a residential structure with respect to the street line in any commercial or industrial district shall not be used as a factor in determining the required setback from the street line for any new buildings to be erected in such districts.

(3)

Fences and walls. The setback requirements of this chapter shall not apply to any retaining wall. Open fences and walls may be erected to any height. Solid fences and walls shall be limited to three feet in height when projected into or enclosing a minimum front yard, [and] shall be limited to six feet in height when projecting into or enclosing a minimum side yard and/or rear yard; provided that in no case shall a solid fence or wall exceed three feet in height within 25 feet of a public right-of-way line.

(4)

Corner visibility. In all districts, no fence, wall, shrubbery, sign or other obstruction to vision between the heights of three feet and 15 feet shall be permitted within 20 feet of the intersection of two streets.

(5)

Rear yard on through lots. The depths of rear yards on through lots shall be at least equal to the minimum required front yards for the district in which it is located and no accessory buildings shall be located in the rear yard on through lots.

(6)

No other building in required yard space. No part of a yard or other open space required about any structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space required under this chapter for another building. When two or more uses occupy the same building, sufficient parking areas, yard widths, lot area, open space, and the like must be provided so that the dimensional requirements pertaining to each of the uses will be met in full.

(7)

Buffer requirements. Where a commercial off-street parking and loading space, utility regulating and pressure control stations, protective service buildings abut residential areas and where an office, commercial, or industrial district to the side or rear property line, there shall be installed and maintained along such side and rear property line a buffer. Also a buffer shall be required to effectively screen from any residential district which abuts a side or rear yard or from any street, any outside storage of materials, equipment and products.

(8)

Location of accessory buildings in any district. No accessory building shall be erected in any required front or side yard or within 15 feet of any side street line or within five feet of any lot line not a street line or within five feet of any building or other accessory building. In no case, however, shall an accessory building be placed closer to a street than the principal building.

(9)

Building height. Multiple family dwellings and office, commercial, and industrial buildings shall not be limited to height except that for one foot of height greater than 35 feet, the side and rear yard setbacks shall be increased by one foot.

(10)

[Side yard setbacks, nonresidential buildings.] For a nonresidential building in an office or commercial zoning district, side yard setback requirements may be reduced to zero when the following conditions are met:

a.

The side yard adjoins property which is not zoned in a residential district.

b.

The town manager or his representative has approved the method by which fire, police and sanitation services can be provided.

c.

The right-of-way of any adjoining publicly dedicated street is at least 50 feet.

d.

Maintenance easement has been granted by the adjoining property owner, the proposed building will abut the wall of an existing building, or consent of the adjoining property owner is obtained.

e.

Any side yard provided shall be at least two feet in width.

(11)

[Screening of auto wrecking yards.] Auto wrecking yards shall install and maintain a six-foot chain link type privacy fence to effectively screen any residential district or public streets or highways. All auto wrecking yards must be in compliance within 120 days from the passage date of the amending ordinance passed on 2-12-1990.

(Code 1978, § 12.101; Code 1995, § 156.086; Ord. of 1-10-1972; Ord. of 2-12-1990)

Except for the special provisions set forth in sections 42-190 and 42-191 and chapter 36, the district dimensional regulations set forth in the tables on the next two pages shall be met.

¹  See sections 42-190(3), (4) and (5).

²  See section 42-191(2).

³  See sections 42-190(7) and 42-191(9).

⁴  See section 42-191(5) and (9).

⁵  Except for section 10-182, regarding specifications for manufactured home parks.  

¹  See section 42-190(3).

²  See section 42-191(2).

³  Side yard width except as regulated by section 42-191(9).

⁴  See section 42-191(7) and (9).

⁵  Quantities referred to are net areas.

(Code 1978, § 12.98; Code 1995, § 156.087; Ord. of 1-10-1972; Ord. of 9-26-1983; Ord. No. 2007-2, § 156.087, 11-26-2007; Ord. No. (2012)10, § 4, 8-13-2012)