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)