(A) The below shown setbacks are considered to be minimums. The Plan Commission may prescribe greater setbacks if either the proposed use or the condition of the area, in the discretion of the Plan Commission, warrant such greater setbacks.
(B) Yards, having a minimum depth in accordance with the following setback requirements, shall be provided along all public street right-of-way lines, and building setback lines shall be as follows:
(1) Express, arterial highway or primary thoroughfare. U.S. 31 as designated on the Comprehensive Plan of the town. No part of any structure shall be built closer than 75 feet to any right-of-way line of an expressway or arterial highway, and not closer than 45 feet to any right-of-way line of a primary thoroughfare. Except, however, in a manufacturing district which shall have setback requirements as set out in §§ 156.215 through 156.218 of this chapter;
(2) Secondary thoroughfare. Secondary thoroughfare, as designated on the Comprehensive Plan of the town. No part of any structure shall be built closer than 40 feet to any right-of-way line of a secondary thoroughfare. Except, however, in a manufacturing district which shall have setback requirements as set out in §§ 156.215 through 156.218 of this chapter;
(3) Local streets or marginal access streets or cul-de-sacs. No part of any structure shall be built closer than 25 feet to any right-of-way line of a local street or marginal access street or cul-de-sac, except where more restrictive requirements are otherwise provided for in this chapter. Except, however in a manufacturing district which shall be as set out in §§ 156.215 through 156.218 of this chapter. Additionally, it shall be further provided, that in any block in which an existing yard depth is established (by existing legally established structures within the same district) for more than 25% of the frontage of the block (or a distance of 400 feet, whichever is the lesser), the required yard depth and setback for any new building shall be the average of such established yards; and
(4) Established setbacks.
(a) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line greater than the minimum setback requirements for that specific zoning district, and no building varies more than six feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings.
(b) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line less than the minimum setback requirements for that specific zoning district, and no building varies more than six feet from this average setback line, then it shall be permissible to erect a building as close to the street line as the average setback line so established by the existing building; provided, however, that, this provision shall not apply to corner lots or lots having frontage on more than one street.
(2004 Code, § 6-202)