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Section, 10. 19 (4) continued
<br />(b) In no district shall any part of any building
<br />project into any setback area except chimneys, steps,
<br />open porches not covered or enclosed and not more than
<br />two (2) feet above grade, terraces, and any construc-
<br />tion entirely below grade.
<br />(c) In districts in which service stations are per -
<br />mitted, pumps may be erected within setback lines,
<br />but not cl.cse^ tr the lot line or highway right of
<br />way line than cne -Yale (e) the setbp.ck distance Cor
<br />a building; provided, however, that in no event shall
<br />the distance from the street line to the outside of
<br />the pumps or pump island be less than twelve (12)
<br />feet, or the distance from the inside of the pumps or
<br />pump island to the building be less than twelve (12)
<br />feet. On corner lots no such purips or pump island
<br />shall be closer to tither street -iaa:: a line drawn
<br />parallel to s•ich streets and distait therefrom one -
<br />half (1) of the setback distance, but in no event,
<br />less than twelva (12) feet.
<br />(d) In districts where signs and sign boards are per
<br />mitted, such signs, when erected separate'.; from a
<br />building or hung from a building, may project into
<br />the setback area. At the intersection of two streets
<br />or highways, or of a railroad right of way and a
<br />steet or highway, no sign sba,11 be'erected or hung so
<br />as to project within the setback area of either such
<br />stree, highway or railroad right of way. nor the pur-
<br />poses of this subsection the setback for a railroad
<br />right of way shall be the same as for a Class A
<br />high ,.cay.
<br />(e) In case of an interior lot having frontage on
<br />two streets, no accessory building shall extend into
<br />the setback area. of either street.
<br />(fl When the side line of an interior lot is formed
<br />wholly or in part by the rear line of an abutting cor-
<br />ner lot and the street side yard for the main building
<br />on the corner lot is less than the setback for the
<br />buildings facing such street, the setback for the
<br />building on the interior lot may be modified so as to
<br />be midway between the side yard for the building on
<br />the corner lot and the setback for such street.
<br />(g) In platted subdivisions recorded before adoption
<br />of this ordinance where a building line shall have
<br />been established by the construction of buildings on
<br />tbirty (30) per cent or more of the lots in any block,
<br />such established setback line shall be the setback for
<br />such block, but in no event shall such setback be
<br />less than twenty (20) feet.
<br />( =) Side Yards,
<br />(a) Lots of Non - conforming width
<br />1., On lots fifty (50) feet or more in width, but
<br />less than sixty. (60) feet, the aggregate side ^t .drds
<br />shall be not less than fifteen (15) feet and no
<br />single side yard shall be less than five (50)feet.
<br />2. On lots less than fifty (50) feet wide the min-
<br />imum side yard on each side shall be five (5) feet.
<br />(b) Corner lots.
<br />1. Fhen the long side of a corner lot is formed by
<br />a Class A or Class E highway the side yard on such
<br />street shall conform to the setback requirement for
<br />such highway.
<br />2. When the long side of a corner lot is formed by
<br />x Class C or Class D highway the side yard on such
<br />street side shall be not less than one -fifth (1/5) of
<br />the width of the lot, but in no event less then ten
<br />(10) feet. The ten (10) foot minimum shall apply only
<br />on lots fifty (50) feet or'less in width.
<br />(c) Regardless of any other provisions, side
<br />yards for -,uses designated in Section 10.03 (1) (e),
<br />(f) and (g) shall be not less than fifty (50) feet;
<br />and for uses designated in Section 10.10 (1) (g) the
<br />- miaimurm side yard shall be seventy -five (75) feet.
<br />(A) Rear Yards.
<br />(a) Location of Accessory Buildings in Rear Yards
<br />I. On interior lots sixty (60) feet or 'more in
<br />width no accessory building shall be erected, moved
<br />or added to so as to be nearer than four l4) -feet to
<br />the side lot line or rear lot fine.
<br />2. On interior lots less than sixty (60) feet in
<br />with no accessory building shall be erected, moved or
<br />added to so as to be nearer than 'two and one -half
<br />(2i) feet to the side lot line or rear lot line. 1.
<br />3. On interior lots abutting on two streets, or cor=
<br />ner lots abutting on three streets, 'no accessaqry
<br />building shall be erected, moved or added to A'o as
<br />to be nearer the rear street than the setback provided
<br />for such street.
<br />4. On corner lots abutting on two streets no access-
<br />ory building shall be erected, moved or added to so
<br />as to be nearer to the side street tban•the distance
<br />required for the main building on such lot. When the
<br />rear lot line of the corner lot forms part of the si
<br />side line of an adjoining or abutting lot, no access-
<br />ory building shall be erected, moved or added to so
<br />as to be nearer to the side street side of such lot
<br />than mid.9wav between the street side yard and the set-
<br />back for the main building on the abutting lot. No
<br />accessory building shall be erected, moved or added to
<br />to as to be nearer the rear lot line of such corner lot
<br />than the side yard .required of the building on the
<br />abutting lot.
<br />(?) Lake Shore or Water ?Front Lots.
<br />The following provisions shall go'ern. the location
<br />of accessory buildings un lake shore and water front
<br />lots:
<br />Accessory buildings may be located on either the !t C.:
<br />street end or water front end of such lots. The dis-
<br />tance from the side lot line in either case shall be
<br />governed by the provisions of Section 10.19 (5)(a).
<br />The setback of such accessory building,when located on
<br />the street end of such lot, shall comply faith the pro-
<br />visions of Section-10.14.
<br />10.20 Non- Conforming Uses. -
<br />(1) The la; ,Yful use or occupancy of buildings or
<br />premises existing at the time of adoption of this ordi-
<br />nance, or at the time of adop-:iul ol rubseouent amend-
<br />ments changing the classification of premises or per-
<br />mitted uses in a district, may be continued as a non-
<br />conforming use, but_if such non - conforming use shall
<br />be discontinued for " a period of one 'year, such non-
<br />conforming use will be deemed to have terminated and any
<br />future use shall be in conformity to the provisions of
<br />this ordinance. Vo buildiug' or premises used for a non-
<br />conforming use shall be added to or structurally al-
<br />tered so as to increase the facilities for suc noncon-
<br />forming use. This provision shall not be construed to
<br />prohibit additions to a building used for a non -con-
<br />forming use provided such addition is used wholly for
<br />a conforming use.
<br />(2) Any building lawfully erected prior to the adop-
<br />tion of this ordinance, or prior to the adpption of '
<br />amendments clinging the setback, side yard of rear yard
<br />recuirements, but which does not conform to such re-
<br />q.,irements of this ordinance as to setbac, side yards or
<br />rear yards, may be used or continued in use, but any
<br />future additions or structural alterations shall be in
<br />conformity to the provisions of this ordinance.
<br />(3) An existing non - conforming use may be changed to
<br />another non - conforming use of a similar or more re-
<br />stricted classification or to a conforming use, pro-
<br />vided; however, that when a change has been made to a
<br />conforming use or a more restricted non- conforming use
<br />it may not again be changed to the less restricted use.
<br />10.21 Interpretation and APDllcatlon.
<br />(1) In interpreting and applying the provisions of
<br />this ordinance they shall be held to he minimum re-
<br />cuirements for the promotion of public health, safety,
<br />convenience, morals, comfort, and the general wel-
<br />fare. It is not intended by this ordinance to inter-
<br />fere with or dvrcgate or annul any easements, covenants,
<br />deed restrictions or similar agreements between parties,
<br />nor is it intended by this ordinance to repeal, abrox
<br />(gate, annul or in any way impair or interfere with any
<br />existing provisions of law or ordinance or any rules,
<br />!'regulations, or permits previously issued or adopted,
<br />or which shall be issued or adopted pursuant to law,
<br />relating to the use, occupancy, location or height of
<br />buildings or premises; provided, however, .that when 1
<br />;this ordinate imposes a greater restriction upon the
<br />use, occupancy, location:or height of buildings or
<br />premises than is imposed or required by such existing
<br />(provisions of law or ordinance, or by such rules, reg-
<br />iulations, or permits, the provisions of this ordi-
<br />nance shall control.
<br />10.22 Completion, Restoration or Frlargement of
<br />Existing Buildin .-s.
<br />(1) Fothing herein contained shall require any
<br />change in the plans, construction, or intended use of
<br />a building or premises for which plans have been pre-
<br />pared heretofore, and the construction of which shall
<br />have been diligently prosecuted within three (3) months
<br />after the effective date of this ordinance, and the
<br />ground story framework of which, including the second
<br />tier of beams, shall have been completed within six
<br />(f) months after the effective date of this ordinance.
<br />(2) 'Nothing he contained shall prevent the
<br />structural alteration, restoration, or repair of any
<br />structure or building occupied by a non- c;knforming use
<br />at the effective date of this ordinance, or by any use
<br />which becomes non - conforming by reason of amendments
<br />to this ordinance; provided, however, that the cost
<br />of such alteration, restoration or repairs shall not
<br />during the life of such building exceed fifty (50)
<br />per cent of the assessed valuation_ of such structure
<br />or building, said valuation being that fixed by the
<br />board of reveiew of the town in which such building is
<br />located for the year in which this ordinance becomes
<br />effective or the year in +diich such use becomes non -
<br />conforming.
<br />(3) "Iothing herein contained shall prevent the res-
<br />.toration of a non - conforming building or structure
<br />destroyed by fire, explosion, act of Cod or act of the
<br />public enemy, provided, however, that if such des-
<br />truction shall exceed fifty (50) per cent of the "-% s'
<br />assessed valuation of such building or structure as
<br />fixed by the last preceeding board of review of the
<br />town in which such building or structure is located,
<br />the future use, location, height, setback, rear and
<br />side yards shall conform in all respects to the pro-
<br />visions of this ordinance.
<br />Pace 6
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