(A) Lot of record.
(1) Where the owner of a lot of official record in any residential district at the time of the adoption of this chapter or his or her successor in title does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, such a lot may be used as a residential building site; provided, however, that the requirements of the district are complied with or a variance is obtained from the Board of Adjustment.
(2) Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for district in which such lots are located.
(3) Every lot to be built upon shall abut by at least 37.5 feet a public street or other public way and no dwelling shall be placed or built upon a lot which does not abut upon a public street or other public way by the same distance, with the exception of division (B) below.
(B) Provisions for landlocked lots. Existing landlocked lots within the residential zoning districts, defined as a lot that does not abut a public street and therefore does not meet the requirements that the lot have a minimum frontage on a public street of 37.5 feet, may be developed for one single-family dwelling unit if the lot otherwise meets the zoning requirements of the zone in which the lot is located provided that the lot has a recorded easement of ingress and egress to and from a public street which is appurtenant to the lot and which meets the following requirements:
(1) A private easement with a minimum continuous width of 20 feet is acquired from intervening property owners;
(2) The recorded documents creating the easement shall specify that the public service, utility and emergency personnel and vehicles shall have the freedom of ingress and egress from the landlocked property;
(3) The recorded documents shall also specify that public utilities (water, sewer, electricity, telephone, cable and the like) may be located within the easement;
(4) The recorded documents shall include a maintenance agreement specifying the party responsible for maintaining the easement and its traveled surface;
(5) The easement must have an all weather surface of gravel, concrete or asphalt with a minimum continuous width of ten feet to ensure access of public service, utility and emergency personnel and vehicles;
(6) Easements existing prior to the adoption of this chapter with widths less than 20 feet may be used to access landlocked lots provided that such easements abut a public street or way; and
(7) Subdivision of landlocked parcels will require the provision of a publicly dedicated street constructed to the town standards and must meet all the requirements of the town’s subdivision regulations.
(C) Front yard for dwellings.
(1) The front yard requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or in part within 100 feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as such lot is less than the minimum required front yard depth.
(2) In such case, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way, whichever is greater.
(D) Height limitation. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television towers, masts, aerials and similar structures, except as otherwise noted in the vicinity of airports.
(E) Visibility of intersections. On a corner lot in any residential district, no planting, structure, sign, fence, wall or obstruction to vision more than three feet in height measured from the centerline of the street or road shall be placed or maintained within the triangular area formed by the intersecting street or road right-of-way lines and a straight line connecting points on said street or road right-of-way line each of which is 35 feet distance from the point of intersection.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)