A. No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for any other principal building.
B. Permitted projections into required yards.
(1) Cornices and eaves may project into a required yard not more than three feet.
(2) Chimneys may be erected within a yard, provided that they do not exceed six square feet in aggregate external cross section and do not obstruct ventilation.
(3) A fire escape or outside stairway may project not more than five feet into a rear yard.
C. Rear yard exceptions.
(1) When no part of the first floor of a proposed building in the Downtown Districts is to be used for living quarters, no rear yard shall be required. However, if the second floor of such building is used for living quarters, the second-floor rear wall shall be located at a distance from the rear lot line equal to the rear yard depth established for the district.
(2) In the Downtown Districts, if no part of a proposed building is to be used as living quarters or if a building is to extend from street to street or from street or alley, no rear yard shall be required.
(3) None of the above shall be construed to mean that parking or other site requirements do not have to be provided.
[Amended 11-28-2011 by Ord. No. 23-2011]
D. Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Preservation Area and Forest Area Districts shall be considered scenic corridors, to which the following standards apply:
[Amended 4-10-1989 by Ord. No. 7-1989]
(1) Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for agricultural produce sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
(2) If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of §§ 175-136 and 175-91 of this chapter so as to provide screening from the corridor.
(3) If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of §§ 175-136 and 175-91 of this chapter so as to provide screening between the building and the corridor.
[Amended 6-12-1989 by Ord. No. 19-1989]
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