C.   Subdivision of Lots

      1.   The subdivision of split-zoned lots within the CCOD 1 and 2 Overlay Districts is permitted as specified herein, but shall not be required. For split-zoned lots that are not subdivided the split-zoning shall remain undisturbed absent amendment by Council.

      2.   Parcels within the CCOD 1 and 2 Overlay Districts may be subdivided, provided that the bisecting boundary line accomplishing the subdivision is placed along the pre-existing RS / CC zoning district boundary line as shown on the Official Zoning Map. See Exh. 1.1. Absent specific zoning amendment by Council, each of the parcels resulting from subdivision shall retain the respective underlying (RS or CC) base zoning designation previously associated with the particular land area while split-zoned, subject of course to any Overlay District modifications.

      3.   Subdivisions in the CCOD 1 and 2 Overlay Districts accomplished in accordance with this subsection above are permitted without regard to the minimum lot requirements specified in Sections 21-12(A)(1), 21-12(A)(3) and 21-21. Lots subdivided in this manner shall be considered conforming lots of record, but may not be further subdivided. Subdivision of lots in this fashion must, however, meet all other requirements of Section 21-12 as well as all requirements of Section 21-51 regarding utility easements and meters.

      4.   Notwithstanding the provisions of Sec. 21-19(C), in the event that split-zoned lots are subdivided in accordance with the provisions of Section 21-49, the commercial and residential lots so created may be owned by different owners.

         a.   For single family residences constructed on the residential (RS) portion of the split zoned lots or on residentially zoned lots within the CCOD 1 Overlay District, the site planning and other development and zoning requirements applicable to RS zones shall apply except that

            (i)   a principal building square footage bonus not to exceed fifteen (15%) percent; and/or

            (iii)   a side setback reduction from those currently set forth with respect to RS Districts (though in no event shall a side setback of less than ten (10’) feet be permitted);

            may be approved by the Design Review Board when such bonus(es) or reduction would improve neighborhood compatibility or further other goals of the Town’s Comprehensive Plan. An illustration of the application of these various rules can be seen in Table 1.1. See also, generally among others, Sections 21-19 through 46, for additional standards.

         b.   For the purpose of calculating Principal Building square footage, lot coverage, impervious coverage, and other standards for land located within the residential portion CCOD 1 Overlay District, only that portion of the Lot Area base zoned RS shall be considered in the calculations.

         c.   Single family residences to be constructed within CCOD 1 Overlay District must be constructed with all exterior walls facing Middle Street appropriately built for sound proofing. Additionally, the rear facade (i.e. facade facing Middle Street) shall not employ a flat, single plane aspect. Rear facade design and rear wall soundproofing specifications shall be approved by the Design Review Board prior to permitting.

         d.   The bottom elevation of a Principal Building’s 1st floor joists shall be no more than one (1) foot above the FEMA base flood elevation.

         e.   Permitted uses shall be determined by reference to Section 21-20 (Principal Uses) and Article XV of these Ordinances (Accessory Uses).

         f.   In order to facilitate the objectives of neighborhood compatibility, front and rear setbacks described within Section 21-22 may be reduced by the Design Review Board, but in no case shall the combined total front and rear setbacks be less than forty (40’) feet and the front setback shall not be less than fifteen (15’) feet.

         g.   Dormers. Conforming front dormers shall be exempt from the 1:1 front yard setback rule described in Section 21-22(B)(4)(a). Dormers constructed in accordance with this exemption shall be limited to twenty (20%) percent of the roof area with no one dormer exceeding six (6’) feet in length measured at the portion of the wall plate parallel to the exterior of the structure at the lowest roof edge. Front dormers constructed in the residential portions of the CCOD 1 district shall not, however, be eligible for the Design Review Board modification described in Section 21-22(B)(4)(c).

 

 

         a.   For buildings constructed on the commercial (CC) portion of lots or commercial (CC) lots within the CCOD 1 Overlay District the site planning and other development and zoning requirements applicable to CC zones shall apply except that:

            (i)   for purposes of the maximum structure size calculations described in Section 21-52(A)(1) the size limit percentage shall be fifty-two (52%) percent rather than the typical fifty-seven (57%) percent, and for the calculations described in Section 21-52(A)(2) the listed 2.72% figure shall be replaced with three (3%) percent 3 ; and

            (ii)   a principal building square footage bonus not to exceed fifteen (15%) percent may be approved by the Design Review Board when such bonus(es) would improve neighborhood compatibility or otherwise further the goals of the Town’s Comprehensive Plan; and/or

            (iii)   a building height bonus not to exceed twenty (20%) percent may be approved by the Design Review Board when such bonus(es) would improve neighborhood compatibility or otherwise further the goals of the Town’s Comprehensive Plan. 4

         An illustration of the application of the rules generally governing such construction can be seen in Table 1.2. See also, generally among others, Sections 21-50 through 66, for additional standards.

         b.   For the purpose of calculating Principal Building square footage, lot coverage, impervious coverage, and other standards, only that portion of the Lot Area base zoned CC-Community Commercial District shall be considered in the calculations.

         c.   Foundation height shall be determined by reference to Sec. 21-59 (A) and (B). The Design Review Board shall not be permitted to consider variances from these requirements.

         d.   Permitted uses for structures on the commercial portion of a lot within the CCOD 1 Overlay District shall be governed by Section 21-50 and Article XV of these Ordinances.

         e.   The first floor of the structure must be used exclusively for one or more commercial uses as described in Section 21-50 except for building access for the upper floor, mechanical, utilities and similar uses.

         f.   If developed for commercial and residential use, the structure shall have a balanced appearance and present a harmonious and substantially uniform width facing Middle Street.

 

 

         a.   For Single-family residences constructed on the residential (RS) portion of split-zoned lots or residential (RS) lots within the CCOD 2 Overlay District, the site planning and other development and zoning requirements applicable in RS zones shall apply except that:

            (i)   a principal building square footage bonus not to exceed fifteen (15%) percent; and/or

            (ii)   a building height bonus not to exceed twenty (20%) percent 5 ;

         may be approved by the Design Review Board when such bonus(es) would improve neighborhood compatibility or otherwise further the goals of the Town’s Comprehensive Plan. An illustration of the application of these rules may be seen in Table 1.3. See also, generally among others, Sections 21-19 to 46, for additional standards.

         b.   For the purpose of calculating Principal Building square footage, lot coverage, impervious coverage, and other standards for land located within the residential portion CCOD 2 Overlay District, only that portion of the Lot Area base zoned RS shall be considered in the calculations.

         c.   The bottom elevation of a Principal Building’s 1st floor joists shall not exceed the lower of seven (7’) feet above grade or two (2’) feet above the FEMA base flood elevation. See also Section 21-31(B)(1)(2).

         d.   Permitted uses shall be as described in Section 21-20 and Article XV of these Ordinances.

 

 

            (i)   for purposes of the maximum structure size calculations described in Section 21-52(A)(1) the size limit percentage shall be fifty-two (52%) rather than the typical fifty-seven (57%) percent, and for the calculations described in Section 21-52(A)(2) the listed 2.72% figure shall be replaced with three (3%) percent 6 ; and

            (iii)   a building height bonus not to exceed twenty (20%) percent may be approved by the Design Review Board when such bonus(es) would improve neighborhood compatibility or otherwise further the goals of the Town’s Comprehensive Plan. 9

 

 

         (a)    "Short-term auto parking lot" shall be defined as a general use surface parking lot located within the Commercial District (CC District) for use during daytime and night-time hours of operation and shall be limited to the commercial portions of lots located within the CC, CCOD 1 and CCOD 2 areas. Overnight parking shall be prohibited and monitored by the property owner.

         (b)   There shall be no long-term parking or storage of vehicles, boats, trailers or other recreational vehicles; and

         (c)   Short-term auto parking lots must comply with the parking design requirements of Article XV, Sec. 21-143 D.

(Ord. 2021-17, passed 11-16-2021)

      (1)   Obtain a water and sewer tap for the portion of the lot zoned commercial (if it does not already have one that is operable) and a water and sewer tap for the portion of the lot zoned residential (if it does not already have one that is operable); The cost of the sewer and water taps shall be paid by the Owner of said lot in an amount to be determined by the Town’s Water and Sewer Department; and (3/20/12)

      (2)   (a)   Provide a reasonable size utility easement that will run with the land connecting with the Town’s water and sewer lines (on Jasper Avenue for CCOD 1 lots and I’on Avenue or Station 22 for CCOD 2 lots) and extending to the portion of the lot zoned commercial. The easement shall be owned and maintained by the Owner of that portion of the lot zoned commercial at the Owner’s sole expense; and (3/20/12)