ARTICLE III, Supplementary Regulations

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ARTICLE III, Supplementary Regulations

§ 250-17. General provisions.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as hereinafter provided.

§ 250-18. Use regulations.

A Garages and filling stations. In a B-1 or B-2 Business District or in an M-1 Manufacturing District, plans for the erection or structural alteration of any garage for more than five (5) motor vehicles or of a filling station shall be approved by the Board of Appeals. Said Board may require such change therein in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.

B Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

C Natural production uses. There may be permitted in any district, except a business district, on approval of the Board of Appeals, as provided for in this chapter, the excavation and sale of sand, gravel, clay, shale or other natural deposit, except topsoil, or the quarrying of any kind of rock formation, subject to the following conditions:

(1) In the case of any open excavation, there shall be a suitable fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located at all points forty (40) feet or more distant from the edge of such excavation.

(2) The slope of the material in such sand, gravel or other pit shall not exceed the normal angle of repose of such material, and the plane of such angle of repose shall not come nearer than forty (40) feet to any property line.

D Camps in residence districts. Temporary permits for a camp for a period not exceeding five (5) years may be granted in any residence district on the approval of the Board of Appeals, as provided for in this chapter, subject to the following conditions:

(1) The consents, in writing, duly acknowledged, of the property owners of record of fifty percent (50%) of the linear dimension of the boundary lines contiguous to the property and across the street for which such permit is sought shall be filed with such application.

(2) At least ten (10) days' notice of such pending application shall be given by mail by the secretary of such Board of Appeals to all persons recorded on the last preceding assessment roll as owners of property within one thousand five hundred (1,500) feet of the property for which such permit is sought, and such service of notice by mail to such property owners shall be deemed to have been effected when duly stamped envelopes containing such notices and addressed to their last known addresses have been duly deposited in the mail.

(3) No portion of the property for which such permit is sought shall be within one thousand (1,000) feet of any watercourse which is part of any water supply system

(4) The provisions of the Sanitary Code or such other regulations of the State Health Department pertaining to camps and the sanitary facilities to be provided shall be complied with.

E Dwellings on small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the Board of Appeals may permit erection of a dwelling on any lot separately owned or under contract of sale and containing, at the time of passage of this chapter, an area or width smaller than that required for a one-family dwelling.

§ 250-19. Height of buildings.

Regulations governing building height are as specified in Schedule A,EN and additional regulations are as follows:

A Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as necessary to accomplish the purpose they are to serve.

B Ornamental features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows), extending above such height limit not more than five (5) feet.

§ 250-20. Lot area, width and coverage.

Regulations governing lot area, width and coverage are as specified in Schedule A,EN and additional regulations are as follows:

A Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations of the district in which said lot is located. Whenever such reduction in lot area occurs, any building on said lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.

B Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than three and one-half (3 1/2) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty (30) feet distant from the point of intersection, measured along said street lines.

§ 250-21. Yards.

Regulations governing front, side and rear yards are as specified in Schedule A,EN and additional regulations are as follows:

A Terraces. A paved terrace shall not be considered in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other form of enclosure. Such terrace, however, may have an open guard railing not over three (3) feet high and shall not project into any yard to a point closer than four (4) feet to any lot line.

B Unenclosed porches. An unenclosed, one-story porch, erected on piers, even though roofed over, may project into a required front, side or rear yard area a distance not to exceed six (6) feet and shall not be considered in the determination of the size of yards or lot coverage; provided, however, that such porch shall not be closer than four (4) feet at any point to any lot line and that no buildings shall have such porches projecting into more than one (1) required side yard.

C Enclosed porches. Any two-story or enclosed porch or one having a solid foundation and capable of being enclosed shall be considered a part of the building in the determination of the size of yards or lot coverage.

D Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two (2) feet into any required yard.

E Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two (2) feet; provided, however, that the sum of such projections on any wall does not exceed one-third (1/3) the length of said wall.

F Fire escapes. Open fire escapes may extend into any required yard not more than four (4) feet six (6) inches.

G Front yard depth. In any residence district, each dwelling hereafter erected shall have a front yard equal in depth to the average depth of the front yards of the lots immediately adjacent thereto on either side, but no front yard shall be less than ten (10) feet, nor need any front yard have a greater depth than forty (40) feet.

H. Reduction in rear yards. When a lot is less than one hundred (100) feet deep at the time of the passage of this chapter, such rear yard may be decreased one-fourth (1/4) of the distance that the lot depth is less than said one hundred (100) feet; provided, however, that no rear yard shall be less than twenty (20) feet in depth.

I. Junkyards. Junkyards, salvage yards or automobile wrecking yards shall be enclosed within a solid board fence six (6) feet high, and said fence shall be painted white every two (2) years.

§ 250-22. Signs.

A RA and R-10 Residence Districts. Permitted signs include one (1) business sign for a customary home occupation or advertising the sale or rent of the land or buildings upon which it is located. Such sign shall not exceed two (2) square feet in area and shall be a distance from the street of not less than one-half (1/2) of the required front yard.

B R-6 Residence District. Permitted signs include one (1) business sign advertising the sale or rent of the land or buildings upon which it is located. Such sign shall not exceed six (6) square feet in area and shall be a distance from the street of not less than half of the required front yards.

C R-3 Residence District. Permitted signs shall be in accordance with Subsections A and B, and a three-square-foot business sign advertising permitted uses in this district and for customary home occupations shall be permitted, provided that such sign shall be flush against the front of the building. Residential hotels may have one (1) twelve-square-foot sign flush with the building parallel to the street line.

D R-3-M Residence District. Permitted signs shall be in accordance with Subsections A, B and C herein. Mobile home parks may have one (1) twelve-square-foot sign located at not less than half of the front yard depth.

E OP Office and Professional District.

(1) Permitted signs include professional identification signs for offices and office buildings identifying the occupant's name and occupation. Such signs shall not exceed three (3) square feet per office or a total sign area of thirty-two (32) square feet per parcel.

(2) Professional identification signs shall either be flush with the building or located on one (1) signboard perpendicular to the street. Such signs shall be set back at least one-half (1/2) the distance of the required front yard.

F. BN Neighborhood Business District. Permitted signs include business signs, but only related to uses conducted on the premises. One-half (1/2) square foot of sign shall be permitted for each front foot of structure.

G. B-1 Retail Business District. Permitted signs include business signs, but only related to uses conducted on the premises. One (1) square foot of sign shall be permitted for each foot of structure frontage.

H. B-2 General Business District. Permitted signs include business signs, but only related to uses conducted on the premises. Existing advertising signs shall be allowed upon approval of the Board of Appeals. No signs shall be permitted above the cornice line on any building.

I. M-1 Manufacturing District. Permitted signs include business signs, but only related to uses conducted on the premises.

J. Planned development district. A signing plan and sketch shall accompany all planned development, commercial, manufacturing or recreational applications, and the signing plan shall be made a part of the planned development district permit.

K. Temporary signs. Temporary signs shall be permitted in all districts as follows:

(1) Signs customarily placed on premises where construction, repair or renovation is in progress, subject to the conditions and restrictions established in § 185-4 of Chapter 185, entitled "Signs," of this Code.

(2) Political posters, banners, promotional devices and other signs of a similar nature, subject to the conditions and restrictions established in § 185-5 of Chapter 185, entitled "Signs," of this Code.

§ 250-23. Regulations schedule.

A. The following schedule entitled "Schedule A" sets forth in outline form the permitted principal uses, uses permitted upon special permit, minimum lot sizes, maximum lot occupation, maximum building heights, minimum yard dimensions and reference to sign and parking regulations.

B. In case of conflict, the provisions of the various sections of this chapter shall supersede the provisions of this schedule, which is included herein for quick reference.

§ 250-24. Off-street loading and parking.

A Off-street loading.

(1) At least one (1) off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of five thousand (5,000) square feet. Space for off-street loading shall be in addition to space for off-street parking.

(2) An off-street loading space may occupy any part of any required side or rear yard, except no such berth shall be located closer than two hundred (200) feet to any lot in any residential district unless wholly within a completely enclosed building.

B Off-street parking.

(1) Off-street parking space shall be required for all buildings constructed after the effective date hereof. Each off-street space shall consist of at least one hundred eighty (180) square feet with a minimum width of nine (9) feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Schedule B below.

(2) For uses not specified, the Board of Appeals shall, on appeal, and after recommendation of the Planning Board, establish parking requirements in specific cases consistent with those specified in Schedule B.

a) For any building having more than one (1) use, parking space shall be required as provided for each use.

b) Parking spaces required in residence districts shall be located in the side or rear yard on the same lot or tract as the principal use.

c) Floor areas for the purposes of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service.

C Off-street Parking Schedule. The following schedule, entitled "Schedule B," sets forth the off-street parking requirements for the uses designated therein:

Schedule B

Off-Street Parking