Section 175-128 NONCONFORMING LOTS OF RECORD.
A.
Except as hereinafter provided, the minimum lot width
and lot area shall be required for the establishment of any new use on
the lot
in the R-1 Residential District. Wherever possible, the
consolidation of
existing nonconforming lots is encouraged to meet the minimum lot size
requirements. All new construction shall conform to the yard dimensions
and all
other regulations for the R-1 Residential District.
1. The
Administrator may issue an
administrative variance of up to twenty percent (20%) of the required
lot width
and/or area, where it is found that the proposed new construction is
consistent
with the structure size, orientation and pattern of development on the
street
and in the immediate neighborhood.
2. On
lots with an area or lot
width of less than eighty percent (80%) of the minimum required,
approval for
construction may be granted by special permit by the Town Council,
where the
Council finds the application meets the following conditions:
a. The
proposed structure has a finished
floor area of not less than ninety percent (90%) of the amount of
finished
floor area prevalent in comparative homes. Finished floor areas
does not
include basement areas.
b. The
proposed structure is compatible
with comparative homes in terms of building
orientation, scale, proportion and site layout.
c. The
site grading provides for adequate
drainage on and off the site, without any adverse impact onto adjoining
properties.
3. For
the purpose of this section,
comparative homes shall mean characteristics that are present in at
least sixty
percent (60%) of the homes located on both sides of the street in the
immediate
block where the proposed structure is located.
4.
The Council may approve a reduction of the
side yard requirement, by not more than forty percent (40%), where
necessary, to
achieve increased compatibility with other structures in the immediate
block.
(Ord.
No. Z-1-2000
Amended Entire “A” 1-10-2000-Effective Upon Passage)
B.
In any other residential district, a single dwelling may be
erected on any single lot of record, notwithstanding limitations
imposed by
other provisions of this chapter. This provision shall apply even
though such
lot fails to meet the requirements for lot area and/or lot width, that
are
generally applicable in the district, provided that yard dimensions
shall
conform to the regulations for the district in which such lot is
located.
Other requirements shall be complied with. All other uses, except
a
single dwelling, required to meet the minimum lot area requirements for
the
district in which it is located.
C.
In any commercial or industrial district, a permitted
structure may be erected on any single lot of record at the
effective date
of adoption or amendment of this chapter, notwithstanding limitations
imposed
by other provisions of this chapter. This provision shall apply even
though
such lot fails to meet the requirements for lot area and/or lot width,
that are
generally applicable in the district, provided that yard dimensions
shall
conform to the regulations for the district in which such lot is
located. Other
requirements shall be compiled with.
D.
In any nonconforming lot of record contains a
conforming use
and/or structure, such use
and/or structure may be replaced in the area of the preexisting use
and/or
structure should damage or
destruction occur.
Expansion of said use and/or structure may occur within the limits of
this
chapter.
E. Except
as otherwise noted herein, variance of yard
requirements can be obtained only through action of the Board of Zoning
Appeals.
(Ord.
No. Z-6-99 Amended Entire Section 7-29-99-Effective
Upon Passage)
(Ord.
Z-1-2000 Amended “E” 1-10-2000-Effective
Upon Passage)