Subject to the provisions of Sections 22-161, all lots shall have at least the amount of square footage indicated for the appropriate zone in Section 22-161. The total gross floor area in all buildings on the lot shall be considered in determining the adequacy of lot area.

Every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the Schedule of Zone Regulations (Section 22-162). In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.

a.

No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

1.

Could be used for purposes that are permissible in that zoning district, and

2.

Could satisfy any applicable setback requirements for that district.

b.

The Schedule of Zone Regulations (Section 22-162) indicates minimum lot widths and depths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection a.

c.

No lot created after the effective date of this ordinance that is less than the recommended width shall be entitled to a variance from any building setback requirement.

a.

Subject to Sections 22-159 and 22-162 and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right of-way line or centerline than is authorized in the table set forth in this section.

1.

As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets.

2.

As used in this section, the term "building" includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

(a)

Gas pumps and overhead canopies or roofs.

(b)

Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six feet in height and are substantially opaque.

b.

Side Yards. Side yard exceptions for attached dwellings. In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.

c.

Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

d.

Walls and Fences.

1.

No barbed wire fences shall be permitted within any residential zone. No barbed wire shall be permitted along any boundary adjoining a residential zone unless such wire is located not less than six feet above ground level. Protective devices using barbed wire may be installed upon walls or fences constructed or used in conjunction with a non-conforming commercial or industrial use in a residential zone. Unless otherwise prohibited by this section, barbed wire shall be permitted in all business and industrial zones.

2.

In any residential or commercial zone, a wall or fence of not more than three and one-half feet in height may be erected or maintained within a front yard or a side street yard. A fence or wall of not more than six feet in height may be erected in any other yard. No height restriction shall be placed on a wall or fence erected or maintained in any industrial zone.

3.

In any commercial zone, a wall or fence of not more than eight feet may be erected or maintained in any yard subject to the applicable site plan provisions. A wall or fence erected or maintained adjoining a residential zone shall be required to meet the applicable buffer yard requirements set for in Article XVII Sections 22-216 and 22-217 and Appendix E of this ordinance.

4.

Permit exemptions and additional regulations. The following walls and fences are permitted without a permit. However, such walls and fences shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance.

(a)

Walls or fences erected or maintained for athletic or recreational facilities.

(b)

Walls or fences of not more than eight feet in height, erected or maintained by or on behalf of or pursuant to the authorization of a governmental body for security or safety purposes. A wall or fence so erected or maintained adjoining a similar zoning district may be required to meet the applicable buffer yard requirements as set forth in Article XVIII, Sections 22-216 and 22-217 and Appendix E or this ordinance, if determined necessary by the zoning administrator.

5.

Walls or fences erected or maintained in an industrial district pursuant to the applicable site plan provisions. No height restriction shall be placed on a wall or fence erected or maintained in any industrial zone.

e.

Projections.

1.

Covered porches, stairways, terraces or other similar features, the floor level of which is not over three feet above the average finished grade, and which do not extend above the level of the first floor of the building, when open and unenclosed, may project into a required front, side or rear yard not more than three feet.

2.

Outside stairways more than three feet above average finished grade may extend no more than three feet into any required side yard, nor more than five feet into any required rear yard.

3.

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like may extend no more than 24 inches into any required yard.

4.

Handicap ramps may protrude into any yard requirements and shall run parallel to the property boundary towards which the structure protrudes unless due to circumstances it makes this impossible.

a.

The following provision shall regulate the location of accessory buildings with respect to required yards:

1.

Accessory buildings shall be prohibited in any front yard.

2.

Accessory buildings shall be prohibited in any required side yard that is adjacent to street (corner lot).

3.

Accessory buildings shall be distant at least five feet from alley lines and five feet from lot boundary lines in all residential and MH-1 districts.

4.

Accessory buildings shall be located in accordance with the zone regulation (Section 22-162) and site plan criteria for the commercial and industrial districts.

b.

Accessory buildings shall not exceed the maximum height restriction for the zone in which they are located.

c.

Accessory buildings in residential zones shall not exceed the lot coverage nor the total square footage of the building to which it is accessory.

a.

For purposes of this section:

1.

Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone.

2.

The "height" of a wall or structure or a part of a building is the mean vertical distance from the average established grade in front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched, or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.

Where a lot abuts on two or more streets or alleys of different average established grades in front of the lot, the higher of such grades shall control.

b.

Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in The Schedule of Zone Regulations (Section 22-162).

c.

Exceptions to height limits. Notwithstanding other regulations in this Article or the maximum specified for the respective zone, the height limits of this Zoning Ordinance shall not apply to church spires, belfries, and cupolas, not for human occupancy, municipal utility poles, municipal water towers, chimneys, and flag poles.

d.

Towers and antennas are allowed in all zoning districts to the extent authorized in the Table of Permissible Use.

a.

The intent of this section is to permit more flexible and efficient use of sites through waiver of certain dimensional and use regulations where an applicant can demonstrate that a proposed plan of development will result in a better living environment.

b.

Cluster developments are intended to accomplish the purpose of zoning and other applicable regulations to the same degree as tracts developed on a conventional lot-by-lot basis, and to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better integration of housing with the existing natural environment.

c.

Applicability. Cluster development shall be an alternative form of development in any residential district.

d.

Minimum Area. No cluster development shall be allowed on parcels containing less than two contiguous acres under unified ownership or control.

e.

Waiver of Dimensional and Area Requirements. Upon approval of a preliminary plan all requirements relative to lot areas, dimensional setbacks shall be waived, and the areas and dimensions shown on the approved plan shall govern. All land not used for building sites or dedicated streets shall be maintained as open space to a homeowner's association or as determined by the Administrator.

f.

Open Space Requirements. Within each approved cluster development there shall be a minimum of 20 percent of the total acreage devoted to open space. Open space shall be contiguously located and shall contain facilities for recreational activities appropriate to the size and scale of the development. In computing open space, the developer may include access ways which are a minimum of 50 feet width, and which are not intended for vehicular traffic. A minimum of 900 square feet per dwelling unit shall be designated for recreational activities.

g.

Procedure. An owner or contract purchaser of a tract of land meeting the zoning and minimum area requirements of this section may submit for approval of a preliminary plan for cluster development. Such plan shall be in accordance with the preliminary site plan requirements as set forth Appendix A.

* Amended November 13, 2012

** See minutes from Town Council Meeting September 8, 2008 for these amendments

1. Includes both principal and accessory buildings.

2. Unless otherwise provided in this Ordinance, minimum area, minimum yard, minimum height and minimum lot coverage for other nonresidential uses permitted in the R-1, R-2, R-3, and R-4 shall be the same as required for a single-family dwelling.

3. Shall be increased to 20 feet for end unit lots adjacent to an adjoining property.

4. Required when adjoining or adjacent to a residential district.

5. When required, side and rear yards are each increased by at least one foot for each additional foot of building above 35 feet.

6. Based on General Site Plan and/or appropriate site plan.

Definitions:

Open Space Ratio (OSR). The proportion of a site consisting of open space calculated using the base site area.

Landscape Ratio (LSR). The ratio derived by dividing the area of landscaped surface by the base site area.

Floor Area Ratio (FAR). An intensity measured as a ratio derived by dividing the total floor area of a building by the base site area.

(Town Council Amended on 9-8-2008)