(A) General. No lot, even though it may consist of 1 or more adjacent lots of record in single ownership, shall be reduced in size so that the lot area per dwelling unit, lot width, yard and lot coverage requirements, and other requirements of this chapter are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.
(B) Building coverage. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools or pool cages, or roof overhangs of less than 3 feet.
(C) Impervious surface. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings, paved areas such as driveways, uncovered porches or patios, or solid decks.
(D) Building separation. The required separation between any 2 buildings located on the same lot or parcel of land.
(E) Gross floor area. The gross floor area of a building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings and shall include the following areas:
(1) The area of each floor of the structure;
(2) All attic space used for active commercial space; and
(3) All outside storage areas as permitted § 156.405.
(F) Height.
(1 ) Height shall be de termine d by the ve rtical di stance fr om the av erage of the finished ground level to the highest finished roof surface of any flat roof, to the deck line of a mansard roof, or to the highest point of the ridge of any pitched roof.
(2) No structure shall be erected or altered so as to exceed the height limit or density regulations of this chapter for the district in which it is located.
(3) The Board of Adjustment may grant a conditional use permit in accordance with § 156.710, conditional use review, for structures such as spires, belfries, cupolas, domes not intended for human occupancy, monuments, water tanks/towers, transmission and telecommunication towers, chimneys, flagpoles, aerials or antennas, or other similar structures which, by design or function, must exceed established height limits of the district in which it is to be located.
(4) The Town Board of Commissioners may grant a special use permit in accordance with § 156.711, for structures exceeding the maximum height limits of any district.
(G) Area. Area shall be measured in gross square feet or acres.
(1) Lot.
(a) A single lot of record, or more than 1 contiguous lot of record in the same ownership, which lot or lots of record are not divided by any street or public alley.
(b) Lot area shall be that area included in a single, undivided piece of land.
(c) Minimum lot areas shall be exclusive of existing or proposed public or private right-of-way, resource conservation areas, and required recreation and open space (see § 156.203).
(2) Parcel.
(a) A continuous quantity of land in the possession of or owned by, or recorded as property of the same person or persons. A parcel may contain multiple buildings or uses.
(b) Parcel area shall be that area required for each individual building in a multi-building project. A parcel may include multiple lots.
(3) Site.
(a) A continuous quantity of land to be developed as a single project. A site may contain multiple parcel or lots.
(b) Site area shall be the total land area of the proposed development. A site may include multiple parcels or lots.
(c) Net site area shall mean the total gross area of the parcel, minus any resource conservation areas located on the site.
(H) Width.
(1) Building width. Building width shall be measured by the distance along the front plane of any building (as determined by the location of an entrance fronting on a street).
(2) Parcel or lot width. Parcel or lot width shall be measured by the distance between the side lot lines (generally running perpendicular to a street), measured at the rear edge of the street yard along a straight line parallel to the front of the property line or along the chord of the front property line.
(I ) Density.
( 1) Density shall be allocated to each development parcel as follows:
(a) One hundred percent of the district density for the area outside of resource protection areas; and
(b) Fifty percent of the district density for any resource conservation areas.
(2) Density for single-family districts shall be calculated by dividing 1 acre of land (43,560 square feet) by the minimum single-family detached lot size for the district.
(J) Yards and setbacks.
(1) General.
(a) All street yard and side yard (street) setbacks shall be measured from the edge of the right-of-way.
(b) The minimum street yard requirements of this chapter for residential dwellings shall not apply on any lot where the average street yard of existing dwellings located on either side of the lot in question within the same block and zoning district and fronting on the same side of the street is less than the minimum required street yard. In such cases, the street yard on such lots may be less than the required street yard, but not less than the adjacent dwelling with the greatest street yard depth.
(c) Every part of every required yard shall be open and unobstructed above the general ground level of the graded lot upward to the sky except as provided or as otherwise permitted in this chapter.
(d) No part of a yard or other open space required about any structure or use for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another structure or use.
(2) Types of yards.
(a) There are 4 types of yards - street, side (street), side (interior), and rear yards.
(b) Double frontage lots shall be considered to have 2 street yards.
(3) Measurement of yards.
(a) Depth of a required street yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.
(b) Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.
(c) Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
(4) Yard encroachments. The following encroachment standards shall apply to all required yards, so long as they do not extend into any easements:
(a) Parking structures may extend into the rear yard of a dwelling unit.
(b) Chimneys, pre-fabricated chimneys, flues, or smokestacks may extend a maximum of 4 feet into a required yard.
(c) Building eave or roof overhang may extend up to 24 inches into a required yard; provided that such extension is at least 3 feet from the property line, its lower edge is at least 7½ feet above the ground elevation, and it is located at least 5 feet from any other building or eave.
(d) Sills and ornamental features may project up to 24 inches into any required yard.
(e) Except in the B-1 District, fire escapes may project up to 8 feet into any required yard.
(f) Signs may extend into required yards in conformance with standards found in the § 156.403.
(g) Pedestrian bridges, breezeways, building connections, and supports of these structures may extend into required yards upon findings by the approving authority that the connecting feature is necessary to provide safe pedestrian access or to improve transit access.
(h) Security gates and guard stations may be located within any required yard.
(i) Unenclosed patios, decks or terraces, including lighting structures, may extend up to 4 feet into any required side yard, or up to 8 feet into any required rear yard.
(j) Covered porches may encroach a maximum of 20% of the required street yard setback depth.
(k) Mechanical equipment for residential uses, such as HVAC units and security lighting, may extend into any required side yard but shall remain at least 4 feet from the property line.
(l) Bay windows, entrances, balconies, and similar features that are less than 10 feet wide may extend up to 18 inches into any required yard, but shall remain at least 6 feet from the property line.
(m) Structures below and covered by the ground may extend into any required yard.
(n) Driveways may extend into any required yard, provided that, to the extent practicable, they extend across rather than along the setback area and may be no closer than 2 feet from the property line.
(o) Planters, retaining walls, fences, hedges, and other landscaping structures may encroach into any required yard and may be no closer than 1 foot from the property line subject to visibility restrictions.
(p) Utility lines located underground and minor structures accessory to utility lines (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into any required yard.
(Ord. passed 6- -2019)