(A) Compliance with this chapter required. No building or portion of a building shall be erected, used, moved or altered, except in conformity with the standards in this chapter.
(B) Pre-existing lots. Lots established prior to 3-2-2009 shall only be required to meet the setback provisions for the base-zoning district in which they are located, and shall be exempt from the other minimum lot size or lot width requirements.
(C) Reduction prohibited. Except as required through the establishment of new public rights-of-way (such as roadway widening) or approved as a variance, no yard or lot existing on 3-2-2009 shall be reduced in size or area below the minimum requirements of the base and overlay zoning district where it is located.
(D) Street access. All lots shall front upon, and have access to, a public or private street built in accordance with the town’s standards.
(E) Double frontage and flag lots prohibited. Double frontage lots and flag lots shall be prohibited, except where required due to extreme topographic circumstances or site conditions.
(F) Yard determination on irregular lots.
(1) The location of required front, side and rear yards on irregularly shaped lots shall be determined by the Ordinance Administrator.
(2) The determination shall be based on the spirit and intent of this chapter to achieve an appropriate spacing and location of buildings and structures on individual lots.
(G) Allowable yard encroachments for residential uses. Building features and architectural elements may encroach into required yards or setbacks only in accordance with the following standards.
(1) Balconies, stoops, open porches, bay windows, steps, mechanical units, raised doorways and similar architectural features are permitted to encroach into a required yard or setback a maximum of four feet.
(2) First floor encroachments shall not extend into the right-of-way.
(3) Side yard encroachments shall not be closer than five feet to a lot line.
(4) Attached and unenclosed decks or porches serving a single-family residential use may encroach into a required rear setback or yard under the following conditions.
(a) The deck or porch shall be set back a minimum of ten feet from the rear lot line.
(b) The deck or porch shall not be enclosed or otherwise made into heated floor space unless it meets the setbacks for the principal structure.
(c) No portion of the structure shall protrude into a required side yard.
(d) Existing single-family residential structures with decks or porches encroaching into a setback or required yard shall be allowed to replace the feature; provided, it does not increase the non- conformity of the structure.
(H) Height limitation exceptions.
(1) The height limitations of this chapter shall not apply to public buildings, religious institutions, schools, hospitals, belfries, cupolas and domes not intended for residential purposes, nor to monuments, water towers, observation towers, power transmission towers, flag poles and similar structures; provided, such structures meet the required State Building Code.
(2) Height limitations shall apply to wireless communication towers as regulated herein.
(Ord. passed 3-5-2018)