The setbacks shown in § 152.028(B) of this chapter are intended to provide flexibility for locating structures on a building site while ensuring a reasonable amount of open space for light, fire safety, privacy and aesthetics. The front setbacks, or any setback adjacent to a street or road right-of-way, must provide for sight visibility. (See illustration in § 152.072 of this chapter.) When natural features, including topography and existing trees of significant value to the lot, create a problem for setting a structure, the Board of Adjustment shall have the authority, upon request, to grant relief to vary the setbacks in order to reduce land disturbance or preserve valuable natural resources.
(A) Setbacks from roads. All setbacks from adjacent roads or right-of-way shall be measured from the edge of the traveled way if no right-of-way exists. However, in no case shall any structure be located closer than 20 feet from the edge of any traveled way, except as otherwise provided in § 152.028(B) of this chapter.
(B) Setbacks from natural features. In order to protect and preserve the valuable natural features of the town’s community, the Board of Adjustment, upon request, may authorize a property owner a variance to reduce a required setback. A property owner may make such a request if supporting evidence is provided that a reduced setback can and will preserve a natural feature which may include natural vegetation, a watercourse or a topographic feature. Evidence shall include a site plan which depicts the existing natural features of the site, the location and an elevation of the proposed structures, the setback variance requested and a plan which provides protection and safeguards for the natural features of the site. In considering and granting a variance, the Board of Adjustment must find that the impact of the reduced setback will enhance and not adversely affect the safety, health and aesthetics of the adjacent properties and the community.
(C) Setbacks from streams.
(1) The following conservation setback requirements shall apply as set forth by the Division of Water Quality and the county:
(a) Twenty-five feet from the top of bank of streams;
(b) Thirty feet from the top of bank of any classified trout stream; and
(c) Fifty feet from the top of bank of streams on commercial properties in C-1, C-1P and C-2 Districts.
(2) Note: storm water and drainage facilities can encroach into these easements for up to 25% of the easement.
(D) Transitional Setbacks from M-I Zoning District. In the event any part of a parcel zoned as M-I abuts any parcel zoned as R-1, R-1U, or R-2, the minimum setbacks for the side setback of the M-I parcel shall be not less than 35 feet, and the rear setback of the M-I parcel shall be not less than 35 feet.
(Ord. passed 3-14-2005; Ord. passed 5-14-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 306; Res. passed - -2022)