No part of any yard, setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, setback, open space or off-street parking or loading space similarly required for any other building except as provided in this chapter.

(Amendment of 8-12-2024(1))

No yard setback existing at the time of adoption of the ordinance codified in this chapter shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards, setbacks or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this chapter.

(Amendment of 8-12-2024(1))

(a)

Only uses specifically identified by this chapter to be built. No building, or structure or part thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the planning board. Existing nonconforming uses and structures shall be governed by this chapter.

(b)

No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this chapter.

(c)

Recreational vehicle parking on residential lot. No person shall occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved recreational vehicle park except that:

(1)

The parking of no more than two unoccupied recreational vehicles in any district is permitted except in the sight vision triangle, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored;

(2)

Temporary use permits may be granted for occupying a recreational vehicle or mobile home through the variance process outline in article X.

(Amendment of 8-12-2024(1))

No use of unfinished structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; shall at any time be used as a dwelling unit.

(Amendment of 8-12-2024(1))

(a)

An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet.

(b)

Accessory buildings, uses, or equipment shall not be stored or constructed within the front yard setback.

(c)

Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder.

(1)

No accessory building shall exceed the 1.5 times the footprint of the principal building.

(2)

Portable storage containers shall not be permitted in the residential district. Portable storage containers in the commercial and industrial districts shall be screened from streets and adjacent lots.

(d)

Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials when possible. Mechanical equipment shall not encroach into required setbacks.

(e)

Detached structure minimum yard setback requirements. Accessory structures shall not be located in any front yard setback or for corner lots within the required sight distance triangle, i.e., accessory structures shall not be located between the front lot line and the front of the principal building.

(Amendment of 8-12-2024(1))

(a)

Permitted encroachments into yard setbacks. The following shall be permitted encroachments into required yard setbacks:

(1)

Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps:

a.

Provided such architectural features do not extend more than five feet into any required front or rear yard setback.

b.

Provided such architectural features do not extend more than two feet into any required side yard setback, except that eaves and gutters may extend 2.5 feet into any required side yard setback.

(2)

Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the top of the second story floor of the principal structure nor more than five feet into any required front, two feet into any required side yard setback or rear yard setback;

(3)

Porches, covered terraces, and covered decks may encroach:

a.

Not more than five feet into any required front yard setback.

b.

Not more than two feet into a required rear yard setback.

c.

Not more than two feet into any required side yard setback.

(4)

Fire escapes may be permitted in required side or rear yard setback only.

(5)

Wheelchair ramps may encroach into any required yard setback.

(6)

Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

(b)

Zero lot line conditions. In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the Jefferson County Clerk and Recorder, a zero lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a dwelling, two-household residential structure, only in districts permitting such a structure, or the creation of townhouses in districts permitting such structures. In all such cases in residential districts, the minimum ten-foot side yard setback required by the District shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.

(c)

Height limitation exceptions.

(1)

Non-specific exemptions. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located.

(2)

Specific exemptions.

a.

Height limitations shall not apply to church spires, belfries, cupolas and domes; monuments; lightning rods; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors.

b.

Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this chapter, provided that:

1.

These are located on the ground floor of such buildings; and

2.

That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard setback shall be increased in width or depth by an additional one foot over the side and rear yard setback required in the district.

c.

Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line.

d.

Monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line.

e.

Wind generation mills and equipment used for the mounting and operation of such mills for domestic (private and noncommercial) accessory use may exceed height limitations otherwise established by this chapter by not more than ten feet.

(Amendment of 8-12-2024(1))