§ 3.02.00. Infill development.

3.02.01

Generally.

(1)

Purpose. It is the intent of this section to provide for compatibility in the construction of new residential units in areas approved for development prior to enactment of this Land Development Code.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abut means to physically touch or border upon; or to share a common property line.

Infill development means to do any construction on vacant lots within a previously established portion of the town or previously approved developments that have one or more vacant lots available for the construction of new structures.

Lot means a designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

3.02.02

Development standards.

(1)

For a structure in a development with a final development order, an application for building and/or other necessary permits shall be filed pursuant to the development permit provisions of article XII of this Land Development Code. However, if the request involves two or more lots, requires platting, replatting or any deviation from the infill standards as established below, the development shall apply for development plan review pursuant to the provisions of article XII of this Land Development Code.

(2)

Proposed structures shall conform to those standards or regulations in force at the time of development approval for the lot and its surrounding area.

(3)

Determination of standards in effect at the time of approval shall include, but may not be limited to, the following:

a.

Recorded subdivision plats, provided that the approval of the plat constitutes a final development order.

b.

Approved master plans or site plans which have received a final development order from the town council.

c.

The town zoning ordinance in effect at the time of development approval may be used to specify appropriate standards.

d.

Unrecorded subdivision plats, lawfully established pursuant to town ordinances prior to the adoption of this Land Development Code.

(4)

Applicable development standards include those imposed upon the initial development except standards for development in a floodplain and standards for stormwater management. The following initial development standards shall be followed if contained in the original approval (pre-Code standards):

a.

Minimum lot dimensions and area.

1.

No real estate shall be subdivided in the town in such manner that there is hereby constituted, created or established a lot having less than the minimum frontage and areas hereinafter provided.

2.

The location, minimum width and minimum area of lots or parcels in the town which can be used or subdivided shall be as follows:

(i)

Each lot or parcel shall have a minimum width of 130 feet at the site where the building is or will be located. However, three or more lots: (i) that are contiguous; (ii) that each have a width, at the front yard setback of no less than 50 feet; (iii) that were all platted or conveyed of record before June 10, 1975; (iv) that are under common ownership of one entity; and (v) that in the past have not had constructed upon any one or more of them, a dwelling unit or units or other principal structure or structures, may be subdivided or resubdivided and platted or replatted so as to create two or more lots, each with a width, at the front yard setback, of no less than 75 feet. Thereafter, those platted lots will each be deemed to have the minimum width required for construction of a single-family residence.

(ii)

Each interior lot shall have a minimum area of not less than 32,670 square feet and each lakefront or canal lot shall have a minimum area of not less than 43,560 square feet.

(iii)

Each lot or parcel must abut, be contiguous and be adjacent to road frontage of record for a contiguous distance of 25 feet where the lot or parcel abuts the road.

(iv)

This section shall not be construed to prevent the use of any platted lot having less than the minimum frontage and area hereinabove provided if:

(a)

Such lot was platted or conveyed of record prior to June 10, 1975.

(b)

In the case of property annexed into the town on or after June 10, 1975, if such lot was platted or conveyed of record prior to such property being annexed into the town.

(c)

However, the "grandfather" provisions in this subsection (iv) shall not apply to two or more contiguous nonconforming platted or conveyed of record lots as to width and/or area as set forth in subsections (i) and (ii) above, and on which a dwelling unit or other principal structure is constructed after the effective date of this Ordinance No. 2016-02, and crosses a lot or parcel line of such contiguous nonconforming lots. Such contiguous nonconforming platted or conveyed of record lots shall be deemed bound together to create one single lot that shall not thereafter be reduced in width or area in such a way as to create or increase a nonconformity.

3.

All unplatted property annexed into the town shall be subject to the following requirements:

(i)

Any plat approved by the town shall have a density no less than one unit per acre with each lot having a minimum width at the building site of 130 feet.

(ii)

A developers' agreement between the town and the owner and his successors shall require execution and recording of a restrictive covenant, which prohibits subdivision of any platted lot.

4.

No parcel or lot shall be subdivided to reduce its area to less than that of similar neighboring properties.

5.

A request to subdivide property shall be treated as a minor replat as provided in division 12.03.00 of this Land Development Code or as a subdivision plat as provided in division 12.02.00 of this Land Development Code. Notwithstanding the foregoing, the town manager may administratively approve a request to subdivide property when:

(i)

The resulting lots or parcels comply with the minimum requirements of this Land Development Code and does not result in the creation of more than two lots or parcels; and each lot or parcel abuts an existing public or private street and does not require any shared infrastructure such as stormwater or roadways; or

(ii)

The property was platted or conveyed of record before June 10, 1975 and the resulting lots are the same as the originally platted lots or conveyed lots of record.

6.

No building permit shall be issued to any person to build, construct, erect or place any building or structure on any lot or parcel which has less than the minimum width; frontage or area hereinabove provided.

b.

Minimum building size.

1.

Waterfront homes shall have at least 1,500 square feet of living space. Two bedroom homes or those on a 50-foot interior lot shall be at least 1,000 square feet and all other interior lots shall have homes of at least 1,500 square feet living space.

2.

Mobile homes of at least 1,000 square feet and regulated as real property not personal property shall be permitted on interior lots.

3.

No residential structure shall exceed 2½ stories or 35 feet in height, whichever is less, and all other structures shall be limited to two stories or 35 feet in height, whichever is less, as measured from the elevation of the average undisturbed existing lot grade at the front setback.

c.

Minimum yard setbacks.

1.

Definitions. As used in this subsection 3.02.02(4)c, the following terms shall have the following meanings:

Corner lot means a lot with more than one contiguous front yard.

Front yard means any yard abutting a street or right-of-way.

Rear yard means any yard adjacent to a side yard, but not adjacent to a front yard.

Side yard means any yard adjacent to a front yard.

2.

Commercial. No front yard setback is required unless the street has residential zoning on either side within the affected block, in which case, a 25-foot front yard setback is required. A 20-foot rear yard setback is required. No open storage is permitted. Structures shall be at least 100 feet from the 101-foot mean sea level (MSL) contour. No side yard setback is required unless there is abutting residential zoning, in which case a side yard setback of 15 feet is required.

3.

Residential. The front yard setback shall be 25 feet, the side yard setback shall be not less than ten feet or 12½ percent of the lot width, whichever is greater, with a maximum of 15 feet, and the rear yard setback shall be 35 feet; however, no structure other than a boathouse or dock shall be less than 50 feet from the normal high-water elevation on lake or canal lots. Width of the lot for determining the 12½ percent shall be measured at the widest portion of the structure, to include wing or other walls. See section 6.07.06(k) on eaves and cornices in yards and see section 5.05.03.

4.

Residential contiguous corner lots. There shall be two options for minimum yard setbacks in residential zoning districts for contiguous corner lots as follows:

(i)

Option A. The front yard setback shall be 25 feet, the side yard setback shall be 15 feet and, if applicable, the rear yard setback shall be 35 feet.

(ii)

Option B. The front yard setback shall be 25 feet, except a front yard that is contiguous with an adjacent corner lot shall have a front yard setback of 15 feet. The side yard setback for a side yard that is contiguous with an adjacent corner lot shall be 35 feet. All other side yard setbacks shall be not less than ten feet or 12½ percent of the lot width, whichever is greater, with a maximum of 15 feet. Garage doors for vehicle access shall be located at least 25 feet from the property line. If applicable, rear yard setbacks shall be 35 feet.

The required setbacks for options A and B are illustrated in the drawings attached as exhibits A-1 and A-2 to this article. The drawings are illustrative only. In the event of conflict between this subsection and the drawings, this subsection shall prevail.

5.

Residential noncontiguous corner lots. The minimum yard setbacks in residential zoning districts for noncontiguous corner lots (i.e. corner lots which do not abut another corner lot) are as follows: The front yard setback shall be 25 feet, the side yard setback shall be 15 feet and, if applicable, the rear yard setback shall be 35 feet.

6.

Septic tank or drainfield. No septic tank or drainfield shall be placed within 150 feet of the normal high-water elevation of any lake, canal or run unless approved in writing by the county health department.

7.

Nonconforming lots. Lots platted before April 11, 1989, that cannot meet the 150-foot setback requirement set forth in subsection 3.02.02(4)c.6 or this section due to lot size limitation or location or neighboring well must provide documented proof of this fact; however, the state requirements of 75-foot setback must be met.

d.

Reserved.

e.

Other. Where frontage roads are available, no additional access points shall be permitted between established intersections.

(5)

No documentation available. Where no documentation is available concerning the standards in effect at the time of initial development, the following procedures shall be used:

a.

All developed lots that abut the lot proposed for development shall be considered in determining the standards for development.

b.

Actual setbacks, lot dimensions, building heights, etc. (refer to list in subsection 3.02.02(4) of this section) shall be determined for purposes of calculating an average (mean) for each standard to be imposed.

c.

These average standards shall be the minimum standards required for proposed development.

d.

Where there is any uncertainty on an applicable standard, the decision shall be in favor of the stricter standard.

(6)

Maximum building height and building floor area.

a.

Definitions. The following words, terms and phrases, when used in this subsection 3.02.02(6), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Basement means the portion of a building between two floor levels that is partly underground. A basement having three feet or more of its height above natural grade at any point shall be counted as a full story. A basement having less than three feet of its height above natural grade shall be counted as a half-story.

Building height means the vertical distance of a building measured from the elevation of the average undisturbed existing lot grade at the front setback to the highest point of the building, including any structure, equipment or appurtenance located above the roof level. Exceptions for chimneys, church spires, etc., shall be considered by the development review board. The average undisturbed existing lot grade at the front setback shall be calculated by taking the average of the undisturbed existing lot grade at each point of intersection of the property line with the front setback line.

Floor area means the sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior surface of the walls. Basement areas or other below grade floor areas shall be excluded from the calculation of floor area when more than one-half of that basement or floor height is below the average elevation at the front setback (as described in the term "building height," in this subsection). The area of stairways, elevators, multi-story rooms or atriums shall be counted on each floor level and included in the calculation of floor area. The area contained within garages, carports, screened or roofed porches and balconies shall be included in the calculation of floor area. The floor area of a single-family building shall further include the area of atriums and volume ceiling spaces on each floor when the interior floor to ceiling height of such rooms exceeds 17½ feet.

Floor area ratio means the ratio of floor area to the total square footage of the lot upon which construction is contemplated. The floor area ratio on lakefront lots shall only be computed using the site area used for the building; land located across a road, street or highway and separated from the building site shall not be included as available land in the calculation.

Story means that portion of a building included between the surface of any finished floor and the surface of the next finished floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it, unless such space is less than 5.5 feet in height. Wherever the height between two finished floors (or finished floor and ceiling) exceeds 17½ feet, each height of 15 feet or portion greater than 5.5 feet thereof shall be construed to be one story.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

b.

Maximum height. No residential structure shall exceed 2½ stories or 35 feet in height, whichever is less, and all other structures shall be limited to two stories or 35 feet in height, whichever is less, as measured from the elevation of the average undisturbed existing lot grade at the front setback.

c.

Maximum floor area ratio. Buildings and accessory structures constructed in residential zones shall not exceed a floor area ratio of 38 percent.

d.

Size, height, bulk and architecture of adjoining properties. The size, height, bulk and architecture of adjoining properties shall be considered so as to adequately protect surrounding properties. Excessively massive buildings or buildings which dominate neighborhood structures should be avoided. Inequitable loss of private views resulting from excessively tall or poorly planned structures shall not be permitted.

3.02.03

Additional historical definition. The term "object" means a material thing of functional, aesthetic, cultural, archaeological, historical or scientific value that may be by nature of design movable, yet related to a specific setting or environment.

(Ord. No. 91-6, § 3(3.02.00), 2-11-1992; Ord. No. 2007-01, §§ 2, 3, 2-13-2007; Ord. No. 2007-07, § 1, 11-13-2007; Ord. No. 2007-08, § 1, 11-13-2007; 2008-02, § 1, 6-10-2008; Ord. No. 2009-03, § 4(3.02.02D3(F), 3.02.02D4), 6-9-2009; Ord. No. 2010-09, § 2, 12-14-2010; Ord. No. 2016-01, §§ 10, 11, 7-12-2016; Ord. No. 2016-02, § 1, 10-25-2016)