Any lot of record which is legal on the date of the first published notice of the ordinance from which this article is derived, may be used subject to the following exceptions and modifications:

(1)

Use of substandard lots. Where the owner of a lot at the time of the adoption or amendment of the ordinance from which this article is derived does not own sufficient area and width to enable him to conform to the dimensional requirements of this article may be used as a building site for a structure or use permitted in that zone; provided, however, that the same side yard, setback, open space, and other dimensional requirements are met that would be required for a standard lot except as stipulated in Table 32-59.

(2)

Residential use of substandard lots. In addition to subsection (1) of this section, in any residential district, any lot of record existing at the time of adoption or amendment of the ordinance from which this article is derived which has a width or area less than that required by this article may be used as a building site for a single-family dwelling only. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the zoning board is empowered to hear the request for a side yard variance provided there is a ten-foot side yard. If a minimum ten-foot side yard is not possible then a minimum width for single-family dwelling may be requested.

(Prior Code, app. D, art. 9(9.1); Ord. of 12-21-1998)

(a)

Lot area. Hereafter, no lot shall be reduced in size so that lot width, size of yards, lot area per family or any other requirement of this article is altered except when a portion of a lot is acquired for a public purpose.

(b)

Yards and open space.

(1)

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

(2)

Every part of a required yard shall be open to the sky so that projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may not extend into a required yard.

(3)

Other provisions of this article notwithstanding, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this article.

(c)

Front yards.

(1)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(2)

On through lots, the required front yard shall be provided on each street.

(3)

Corner lots shall meet the minimum front yard requirements on the side adjacent to both streets and the remaining yards shall be considered side yard requirements.

(4)

Open, unenclosed porches, platforms or paved terraces, which are not covered by a roof or canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area if it is less than six feet.

(5)

Within the same block and zoning district, when 25 percent or more of the existing buildings are located within 200 feet on each side of a lot have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

(d)

Side yards.

(1)

For the purposes of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

(2)

The minimum width of side yards for schools, libraries, churches and other public or semi-public buildings in residential districts shall be 25 feet. Where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

(e)

Fences and walls. No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight feet in height.

(Prior Code, app. D, art. 9(9.2); Ord. of 12-21-1998)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 25 feet distant from the intersection of the street lines.

(Prior Code, app. D, art. 9(9.3); Ord. of 12-21-1998)

(a)

An accessory structure shall not be permitted in any required front yard, except as specified in subsection (h) of this section.

(b)

No accessory building or structure shall be erected beyond a required yard line along any street.

(c)

Residential accessory uses such as garages, greenhouses or workshops, shall not be rented or occupied for commercial purposes.

(d)

All residential accessory buildings must be located at least ten feet from the principal building.

(e)

Areas in which the accessory storage of a boat, boat trailer or travel trailer is permitted shall not include the required front yard.

(f)

Gasoline station pumps and pump islands where permitted may occupy the required yards, provided that they shall not be less than 15 feet from street lines; canopies, whether attached or detached from the principal building must be at least 14 feet in height and the outermost edge shall be five feet from any property line.

(g)

All nonresidential accessory buildings shall only be used by the owners, employees, lessee or tenants of the premises, and shall meet the setback requirements of the principal building.

(h)

An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A three-foot-wide walk space shall be provided between pool walls and protective fences or barrier walls.

(Prior Code, app. D, art. 9(9.4); Ord. of 12-21-1998)

(a)

The conduct of business in residential units may be permitted in the RD and R40 zoning districts under the provisions of this section. It is the intent of this section to ensure the following:

(1)

Compatibility of home occupations with other uses permitted in residential zoning districts.

(2)

Maintain and preserve the character of residential neighborhoods and provide peace, quiet and domestic tranquility within all residential neighborhoods.

(3)

Within these districts, in order to guarantee all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in these districts.

(b)

Residential home occupations, where permitted, must meet the following special requirements:

(1)

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than 25 percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

(2)

No more than one home occupation shall be permitted within a single dwelling unit.

(3)

A home occupation shall be carried on wholly within the principal use. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages which are attached or detached.

(4)

The residential home occupation is limited to employment of residents of the property and not more than one additional person.

(5)

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perceptions outside the principal structure.

(6)

No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met by providing off-street space and located in rear or side yard.

(7)

On the premises, retail sales are prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

(8)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

(9)

No on-street parking of business-related vehicles (either marked or commercially equipped) shall be permitted at any home. No business-related vehicles larger than a van, panel truck or pickup truck is permitted to park overnight on the premises. The number of permitted business-related vehicles is one.

(10)

No commercial telephone directory listing, newspaper, radio or television service shall be used to advertise the location of a home occupation to the general public.

(11)

Permitted residential home occupations:

a.

Architectural service.

b.

Art studio.

c.

Consulting service.

d.

Data processing.

e.

Dental technician and laboratory.

f.

Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware, etc.), provided there is no production on premises.

g.

Drafting and graphic service.

h.

Dressmaking, sewing, tailoring, contract sewing (one machine).

i.

Electronic assembly.

j.

Engineering service.

k.

Financial planning or investment services.

l.

Flower arranging.

m.

Home office.

n.

House cleaning service.

o.

In-home childcare, but not more than six children at a time, including the caregiver's own pre-school children.

p.

Insurance sales or broker.

q.

Interior design.

r.

Laundry and ironing service.

s.

Locksmith.

t.

Real estate sales, broker or appraiser.

u.

Telephone answering, switchboard call forwarding.

v.

Tutoring, including all indoor and outdoor instructional services limited to two students at a time.

w.

Writing, resume services, computer programming.

(12)

Prohibited residential home occupations:

a.

Ambulance service.

b.

Restaurants, food preparation.

c.

Automobile repair, parts sales, upholstery, or detailing, washing services.

d.

Veterinary services (including care, grooming and boarding).

(Prior Code, app. D, art. 9(9.5); Ord. of 12-21-1998; Ord. of 9-12-2005(1), § 6)