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(A) All accessory buildings in residential districts (i.e., those established by § 152.219) must comply with the street right-of-way setbacks set forth in § 152.283 but (subject to the remaining provisions of this section) shall be required to observe only a five foot side setback and a four-foot setback from rear lot boundary lines.
(B) Where the high point of the roof or any appurtenance of an accessory building exceeds 12 feet in height, the accessory building shall be set back from rear lot boundary lines an additional two feet for every foot of height exceeding 12 feet.
(C) Maximum lot coverage of principal and accessory buildings shall not exceed 40% of the lot.
(D) Accessory buildings (on lots used for residential purposes) shall be limited to 900 square feet, and must be situated behind the primary residence.
(E) An accessory building larger than 900 square feet may be constructed on a lot used for residential purposes with the issuance of a special use permit and provided that the building complies with all other requirements of this chapter, including but not limited to the setback and maximum lot coverage requirements of this section.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) (1) A point of access to a roof shall be the top of any parapet wall or the laced point of a roof’s surface, whichever is greater.
(2) Roofs with slopes greater than 75% are regarded as walls.
(B) Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as follows:
Zone | Height Limitation (feet)
|
Zone | Height Limitation (feet)
|
LI | 35 |
OI | 35 |
R-8 | 35 |
R-15A | 35 |
R-15 | 35 |
R-30A | 35 |
R-30 | 35 |
(C) Subject to division (D), the following features are exempt from the district height limitations set forth in division (B):
(1) Chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage;
(2) Flagpoles and similar devices; and
(3) Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices.
(D) The features listed in division (C) are exempt from the height limitations set forth in division (B) if they conform to the following requirements.
(1) No more than one-third of the total roof area may be consumed by such features.
(2) The features described in division (C)(3) above must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.
(3) The permit-issuing authority (Land Use Administrator, Board of Adjustment, Board of Commissioners) may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in divisions (B)(1) and (B)(3) from view.
(E) Notwithstanding division (B), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multifamily residential building containing four or more dwelling units may not exceed 35 feet unless the Fire Chief certifies to the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) that such building is designed to provide adequate access for firefighting personnel or the Building Inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) In any single-family residential subdivision in zones indicated below, a developer may create lots that are smaller than those required by § 152.280 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:
Zone | Minimum Square Feet |
R-15A | 11,250* |
R-15 | 11,250 |
R-20 | 15,000 |
R-30A | 20,000 |
R-30 | 20,000 |
Note to table: *residential only | |
(B) The intent of this section is to authorize the developer to decrease lot sizes and leave the land “saved” by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by § 152.280.
(C) The amount of usable open space that must be set aside shall be determined by:
(1) Subtracting from the standard square footage requirement (as set forth in § 152.280) the amount of square footage of each lot that is smaller than that standard; and
(2) Adding together the results obtained in division (C)(1) above for each lot.
(D) The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in § 152.302 and if such usable open space is otherwise in compliance with the provisions of §§ 152.300 through 152.306.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) In any architecturally-integrated subdivision, the developer may create lots and construct buildings without regard to any minimum lot size, lot width, or setback restrictions except that:
(1) Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and
(2) Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this chapter.
(B) The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized for the tract as defined in the residential density section. (See § 152.281.)
(C) To the extent reasonably practicable, in residential subdivisions the amount of land “saved” by creating lots that are smaller than the standards set forth in § 152.280 shall be set aside as usable open space.
(D) The purpose of this section is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) Subject to the other provisions of this section, if any portion of a tract lies within an area designated on any officially adopted town plan as part of a proposed public park, greenway, or bikeway, and before the tract is developed, the owner of the tract, with the concurrence of the town, dedicates to the town that portion of the tract so designated, then, when the remainder of the tract (the remainder) is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section.
(B) If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of §§ 152.286 and 152.287 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the town in accordance with division (A) above.
(C) If the proposed use of the remainder is a two-family or multifamily project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.
(D) If the portion of the tract that remains (i.e., the remainder) after dedication as provided in division (A) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its prorated share of the density bonus provided for in divisions (B) and (C) above.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) Compliance. All fences and walls shall comply with the requirements of this section unless specifically approved as part of a special or conditional use permit or variance.
(B) Purpose. The purpose of this section shall be to allow fences within districts which are architecturally compatible with each other, while preserving the flexibility of fences in the rural areas.
(C) Fence and wall requirements in residential zoning districts. Fences and walls in residential zoning districts and/or on residential properties shall conform to the following provisions.
(1) Subject to the provisions of this division (C), fences, walls, and similar structures not exceeding six feet in height may be constructed along any property line located within a residential zoning district or on a residential property.
(2) Fences, walls, and similar structures not exceeding six feet in height may encroach into the rear or side setback provided the lot does not abut a golf course or a lake. Fences, walls, and similar structures shall not encroach into a required buffer unless such fence, wall, or similar structure has been designed and approved as part of the buffer.
(3) (a) Swimming pool fences shall be constructed in accordance with the State Building Code and shall conform to the requirements of this section.
(b) Pools built prior to the effective date of this section that have not been enclosed with a fence shall be fenced and any such fencing may encroach up to 20% into any adjacent setback, provided that any fence encroaching pursuant to this division (C) shall be constructed out of wrought iron or picket-style fencing.
(4) If the rear lot line of a property borders on the side property line of an adjacent property, any fence constructed along the rear property line shall be no lower than six feet along the common property contiguous to any side property line.
(5) Fences, walls, and other similar structures not exceeding four feet in height may encroach into any front setback. The four-foot limitation shall apply to driveway entrance columns, but the total height of said columns with light fixtures shall not exceed five feet in height.
(6) The existing ground elevation shall not be modified or elevated in any manner so as to construct a fence, wall, or other similar structure to increase the maximum allowable height of the fence unless such modification or elevation of existing ground is proposed and approved as part of a required buffer.
(7) Fences, walls, and other similar structures shall not exceed four feet in height when abutting a defined front yard of an adjacent property.
(8) Fences, walls, and other similar structures in the front yard are discouraged and must be:
(a) Located at least two feet from the right-of-way and no closer than two feet from the inside of the edge of the sidewalk;
(b) Less than 60% opaque; and
(c) Be designed as picket or wrought iron style fencing (chain link and chicken wire fencing is expressly prohibited).
(9) On corner lots, a ten-foot setback from the side street property line is required for fences located in the side and rear yard when those fences are greater than four feet in height.
(D) Fences and walls in non-residential zoning districts and/or on non-residential properties.
(1) Fences, walls, and other similar structures not over six feet in height may encroach into any required setback.
(2) Fences, walls, and similar structures shall not encroach into a required buffer unless such fence, wall, or similar structure has been designed and approved as part of the buffer.
(E) Residential and non-residential fences.
(1) Those fences or similar structures not authorized or approved as provided in this Section are prohibited.
(2) The finished side of a fence or wall shall always face outward toward the street or adjacent property. For the purposes of this section, the following types of fences are allowed, depending upon the specific zoning district in which they are located.
(3) Material substitution may be permitted by the Town Zoning Administrator where the appearance and material would result in equal or better performance.
(4) Allowable fence, wall, and other structure types include:
(a) Picket, provided that:
1. The fence shall be constructed of wood, vinyl, or composite material and may be painted, stained, or unfinished; width of pickets shall not be wider than four inches with a minimum of one inch between pickets;
2. Maximum height is four feet; and
3. Minimum number of horizontal rails is two.
(b) Post and rail (or split rail), provided that:
1. The wire is located on the inside of the fence;
2. The wire is muted in color (black, green, or brown);
3. The use of wire is optional; and
4. Chicken wire is not permitted.
(c) Wrought iron;
(d) Brick; and
(e) Stone, provided that:
1. Retaining walls higher than 36 inches shall not encroach into the front setback for primary structures or into the rear and side setbacks for accessory structures;
2. No retaining wall shall be closer than five feet to a property line or right-of-way line; and
3. Retaining wall height shall be measured from the lowest adjacent grade to the top of the wall.
(Ord. passed 12-20-2001) Penalty, see § 152.999
RECREATIONAL FACILITIES AND OPEN SPACE
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