§ 121-11. Control over bulk.

(a)

Establishment of new structures. New structures shall conform with the bulk regulations established herein for the district in which each such structure is located.

(b)

Existing structures. Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structures are located.

(c)

Existing residential lots of record. A lot of record, at the time of the adoption of this chapter in a residence district which is unable to meet the requirements of this chapter as to area, lot width and setback requirements, may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this chapter and the following additional requirements:

(1)

The applicant shall furnish with the application for a building permit a certified survey showing the lot upon which he proposes to erect a single-family dwelling, and also showing the lots on either side of the said lot with all improvements thereon and widths of adjoining side setbacks and any projections of buildings or structures therein duly plotted on said survey.

(2)

An affidavit shall be provided by the owner of record of the lot described in the application for a building permit, which states the applicant is not holding title to said contiguous lot or lots in trust or for the benefit of any other person except as stated in said affidavit, and neither the applicant nor any of said persons has been the owner of, either directly or indirectly, or through any other person, of the contiguous lots on either side of the subject lot at any time following the effective date of the ordinance from which this chapter is derived.

(3)

The building inspector shall issue a permit for erecting a single-family detached dwelling on the subject lot upon compliance with all of the foregoing provisions and all other applicable provisions of this chapter, and said building inspector may, when requested by the applicant, approve, in specific cases, a reduction in side setback width requirements, but neither side setback shall have a width less than ten percent of the width of the lot.

(d)

Structure height.

(1)

No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the structure is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilation fans, or similar equipment required to operate and maintain the structure, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, electric and telephone service poles, water tanks, silos, storage hoppers, elevators or similar structures may be erected above the height limits herein prescribed.

(2)

Grade from which structure height is measured shall be the existing or established grade at the building setback line midway between the two side lot lines, except that where the buildable area has an average slope of ten percent, or more, between any two corners, the building inspector shall establish the grade from which the building height is measured.

(e)

Minimum lot area; two or more uses on a lot. Where two or more permitted or conditional permitted uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually. When one or more use has a required minimum lot area and is located on a lot with a use which does not have a required lot area, the total lot area shall equal the sum of the required lot areas plus an additional area equivalent to that devoted to the use which does not have a required minimum lot area.

(Prior Code, § 22-2-2.02; Ord. of 9-20-1954, § 22-2-2.02; Ord. No. 10-04, § I(D), 4-19-2010)