Subject to the provisions of §§ 440-1206 and 440-1208, all lots shall have at least the amount of square footage indicated for the appropriate zone. The total gross floor area in all buildings on the lot shall be considered in determining the adequacy of lot area.
A. 
Subject to Subsection B and the provisions of §§ 440-1206 and 440-1208, every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the Schedule of Zone Regulations (§ 440-1209). In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
B. 
Two-family conversions and primary residences with an accessory apartment shall be allowed only on lots having at least 150% of the minimum square footage required for one dwelling unit on a lot in such district. With respect to multifamily conversions into three- or four-dwelling units, the minimum lot size shall be 200% and 250%, respectively, of the minimum required for one dwelling unit.
A. 
No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
(1) 
Could be used for purposes that are permissible in that zoning district; and
(2) 
Could satisfy any applicable setback requirements for that district.
B. 
The Schedule of Zone Regulations (§ 440-1209) indicates minimum lot widths and depths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection A. The lot width shall be measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line. The lot depth shall be the mean distance between the front and rear lot line, measured within the lot boundaries.
C. 
No lot created after the effective date of this chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement.
A. 
Subject to § 440-1204 and the other provisions of this article, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line or center line than is authorized in the Schedule of Zone Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street center line.
(2) 
As used in this section, the term "building" includes any substantial structure which, by nature of its size, scale, dimensions, bulk, or use, tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:
(a) 
Gas pumps and overhead canopies or roofs.
(b) 
Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six feet in height and are substantially opaque.
(3) 
Notwithstanding any other provision of this chapter, a sign may be erected on or affixed to a structure that has a principal function that is something other than the support of the sign (e.g., a fence), but does not constitute a building as defined in this chapter, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located.
B. 
Front yards.
(1) 
Averaging setbacks for existing alignment. In any zone, when the average depth of front yards of existing buildings located within 100 feet of each side of a lot in the same block front as such lot is less than the minimum front yard depth prescribed for a building on such lot, then the minimum front yard of any building or structure on such lot shall not be greater than the average depth of said existing front yards, and it shall not be required to exceed the average depth of front yards of existing buildings on the two lots immediately adjoining; nor the average of the prescribed minimum depth and the depth of the front yard of an existing building on a lot immediately adjoining such lot; but shall be at least 10 feet. In no event shall any building be constructed closer than any setback established on a plat of record.
(2) 
Yard on street side on lot adjoining or facing residence zone. On a lot in any nonresidential zone sharing the same block front with a lot in any residential zone, the minimum front yard required shall equal, in depth, the front yard required for that residential zone.
(3) 
Front yards not parallel to the building. Where the front wall of a building is not parallel with the front lot line or is broken or otherwise irregular, the average depth of the front yard shall not be less than the otherwise required front yard; provided, however, that such front wall shall at all points be within five feet of the otherwise required front yard depth.
(4) 
Clear-vision area on corner lots. A clear-vision area shall be maintained on the corners of all property at the intersection of two streets.
(a) 
Such clear-vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance of 15 feet or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so measured, and the third side of which is a line across the corner of the lot joining the nonintersecting ends of the other two sides.
(b) 
A clear-vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding 2 1/2 feet in height, measured from the established street center-line grade, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above grade.
C. 
Side yards. Side yard exceptions for attached dwellings. In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.
D. 
Rear yards. Where the rear wall of a building is not parallel with the rear lot line or is broken or otherwise irregular, the average depth of the rear yard shall not be less than the otherwise required rear yard; provided, however, that such rear wall shall not at any point be less than one foot beyond the otherwise required rear yard.
E. 
Yard requirements adjoining a more restrictive zone. Where a property adjoins the side or rear yard of a lot in another zone, the side or rear yard in the zone with the less restrictive yard requirements shall equal the adjoining side or rear yard (as appropriate) of the zone with the more restrictive yard requirements.
F. 
Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).
G. 
Whenever a private road that serves more than three lots, more than three dwelling units, or that serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:
(1) 
If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the center line of the private road just as if such road were a public street.
(2) 
If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the Schedule of Zone Regulations, § 440-1209) shall be measured from the inside boundary of the traveled portion of the private road.
H. 
Walls and fences.
(1) 
No barbed-wire fences shall be permitted within any residential zone. No barbed wire shall be permitted along any boundary adjoining a residential zone unless such wire is located not less than six feet above ground level. Protective devices using barbed wire may be installed upon walls or fences constructed or used in conjunction with a nonconforming commercial or industrial use in a residential zone. Unless otherwise prohibited by this section, barbed wire shall be permitted in all business zones.
(2) 
A fence or wall not more than six feet in height may be located in any required rear or side yard in any residential or commercial district, other than a required front yard adjacent to a street except as follows:
(a) 
No fence or wall which creates a solid screen may exceed 2 1/2 feet in height in any required front or side yard, except fences having a uniform open area of 50% or more may be erected to a maximum height of three feet in such required yards.
(b) 
Heights shall be measured from the average ground level adjacent to the fence or wall.
I. 
Projections.
(1) 
Covered porches, stairways, terraces or other similar features and the floor level of which is not over three feet above the average finished grade and which do not extend above the level of the first floor of the building, when open and unenclosed, may project into a required front, side or rear yard not more than eight feet, provided that such covered porches, stairways, terraces, or other similar features conform to the provision of Subsection I(2) through (4) below.
(2) 
Outside stairways more than three feet above average finished grade may extend no more than three feet into any required side yard, nor more than five feet into any required rear yard.
(3) 
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like may extend no more than 24 inches into any required yard.
(4) 
Notwithstanding any other provision of this section, no projection as listed above shall extend into any required side yard more than one-half the width of such yard nor within 10 feet of the front lot line nor five feet of the rear lot line, nor within three feet of any accessory building; provided, however, that such limitations shall not apply to terraces and steps inside yards, or to a loading dock or tailboard in connection with an industrial siding.
A. 
The following provision shall regulate the location of accessory buildings with respect to required yards:
(1) 
Accessory buildings shall be prohibited in any required front yard or side street side yard.
(2) 
Accessory buildings shall be distant at least six feet from alley lines and four feet from rear lot boundary lines.
(3) 
Where an accessory building is located in a zone requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be at least five feet from any side or rear lot line.
(4) 
Where any portion of an accessory building projects between a principal structure and the side lot line, the accessory building shall comply with the required side yard restriction for a principal structure on an adjoining lot.
(5) 
Where a corner lot adjoins in the rear a lot in any residential zone, no part of an accessory building within 25 feet of the common lot line shall extend closer to street than the actual or required (whichever is less) depth of the front yard for the principal structure on the adjoining lot.
B. 
Accessory buildings shall not exceed the maximum height restriction for the zone in which they are located.
C. 
Accessory buildings in residential zones shall not exceed the lot coverage nor the total square footage of the building to which they are accessory.
D. 
Where the high point of the roof or any appurtenance of any 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.
A. 
For purposes of this section:
(1) 
Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone.
(2) 
The "height" of a wall or structure or a part of a building is the mean vertical distance from the average established grade in front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, to the deck line of a mansard roof, to the middle height of the highest gable or dormer in a pitched, or hipped roof or, if there are no gables or dormers, to the middle height of such pitched or hipped roof. Where a lot abuts on two or more streets or alleys of different average established grades in front of the lot, the higher of such grades shall control.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3) 
A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. 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 indicated in the Schedule of Zone Regulations (§ 440-1209).
C. 
Exceptions to height limits. Notwithstanding other regulations in this article or the maximum specified for the respective zone, the height limits of this chapter shall not apply to the following:
(1) 
Church spires, belfries, and cupolas, not for human occupancy; water towers, chimneys, flagpoles, radio towers, masts, and aerials.
D. 
Towers and antennas are allowed in all zoning districts to the extent authorized in the Table of Permissible Uses, use classification 18.000.[1]
[1]
Editor's Note: See the Official Table of Use Regulations, included as an attachment to this chapter.
A. 
In any TCMX or RM Residential Zone, a developer may create lots that are smaller than those required by § 440-1209 if such developer complies with the provisions of this section and if the density so created is not greater than as set forth in the Schedule of Zone Regulations (§ 440-1209).
B. 
The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by doing so as usable open space, thereby lowering development costs and increasing the amenity value of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by § 440-1209.
C. 
The amount of usable open space that must be set aside shall be determined by:
(1) 
Subtracting from the standard square footage requirement set forth in § 440-1209 the amount of square footage of each lot that is smaller than that standard;
(2) 
Adding together the results obtained in Subsection C(1) 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 Article XIII and if such usable open space is otherwise in compliance with the provisions of Article XIII.
E. 
The setback requirements of §§ 440-1203 and 440-1204 shall apply in cluster subdivisions.
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 that portion of the tract so designated, then when the remainder of the tract 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 § 440-1206 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 Subsection A.
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 after dedication as provided in Subsection 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 pro rata share of the density bonus provided for in Subsections B and C.
The Schedule of Zone Regulations is included as an attachment to this chapter.