Sidebar Planning and Zoning Code- Section 12

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SECTION 12- SUPPLEMENTARY PROVISIONS

12.01- VISIBILITY AT INTERSECTIONS IN RESIDENTIAL ZONES- On a corner lot in any Residence Zone, no planting shall be placed or maintained, and no fence, building wall other structure other than necessary retaining wall shall be constructed after the effective date of this section, if such planting or structure thereby obstructs vision at any point between a height of two and one-half (2 ) feet and a height of ten (10) feet above the upper face of the nearest curb and within the triangular area bounded on two sides by the two street lines, or by projections of such lines to their point of intersection and the third side by straight line connecting points on such street lines (or their projections), each of which points is twenty-five (25) feet distant from the point of intersection of the two street lines. Poles, posts and guys for street lights and for other utility services and tree trunks, exclusive of leaves and branches, shall not be considered obstructions to vision within the meaning of this provision.

12.02- FENCES, WALLS AND HEDGES- Notwithstanding other provisions of this Code, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over two and one-half (2 ) feet in height.

12.03- ACCESSORY BUILDINGS- No accessory building shall be erected in any required yard, and no separate accessory building shall be erected with five (5) feet of any other building.

12.04- ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT- Every principal building hereinafter erected shall be located on a lot as herein defined, and except as herein provided, there shall be not more than one (1) single-family dwelling on one (1) lot.

12.05- BUILDABLE LOTS- A buildable lot is a lot which was legally recorded at the time of adoption of this section or which appeared on a preliminary subdivision plan approved by the Planning Commission prior to the adoption of this section and given final subdivision plat approval and filed with the Town Clerk within six (6) months of the adoption of this section and which was a buildable lot under the Zoning Code in effect immediately prior to the adoption of this section. There are no minimum area requirements. The lot must have minimum frontage of fifty (50) feet.

12.06- STRUCTURES TO HAVE ACCESS- Every building, or authorized complex of buildings, hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

12.07- STATUS OF APPROVED PLANNED RESIDENTIAL DEVELOPMENTS AND APPLICATIONS FILED PRIOR TO SEPTEMBER 2, 1972

  1. Planned Residential Development Plans approved and all applications submitted for approval prior to September 2, 1972, shall be subject to, completed and processed under the requirements of Section 45 as it existed on the above date. Copies of Zoning Code Section 45, pertaining to Planned Residential Development are available in the Office of the Commission and the Office of the Town Clerk.
  2. Planned Residential Developments approved and processed under the terms of Section 45 shall not be considered non-conforming uses regardless of the zone or zones in which it is located.
12.08- BUFFER STRIPS
  • 12.08.01- BUFFER BETWEEN DIFFERENT LAND-USES- When a new land-use (including different housing types) is proposed to be located adjacent to an existing use there shall be no less than ten (10) feet in width a landscaped buffer strip at the edge of the new site in addition to any required yards. The new use shall be screened from the abutting existing use by: (a) hedges or coniferous planting having a height of at least four (4) feet at the time of planting, not more than two (2) feet on center or (b) solid fencing at least six (6) feet in height or a combination of these as shown and approved on the site plan. (Addition effective ll/l/85.) (Revision effective 7/l/86.)
  • 12.08.02- ACCESS THROUGH BUFFER STRIP- A private road, private driveway or other private vehicular way serving a Non-Residential Zone shall not be constructed through a Residential Zone or a buffer strip. (Revision effective 7/1/86.)
12.09- PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT
  • 12.09.01- No major recreational equipment shall be parked or stored on any lot in a residential zone except in a carport or enclosed building or behind the nearest portion of a building to a street, provided, however, that such equipment may be parked anywhere on residential premises not to exceed twenty-four (24) hours during loading or unloading. These provisions may be modified by the Commission provided the Commission finds the modification is necessary to make possible the reasonable use of land and that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any modification to these provisions, the Commission may prescribe appropriate conditions and safeguards.
  • 12.09.02- No such equipment shall be used for living, sleeping or housekeeping purposed when parked or stored on a residential lot or in any location not approved for such use.
12.10- PARKING AND STORAGE OR CERTAIN VEHICLES- There shall be no more than one unregistered vehicle or trailer allowed on any residentially zoned property other than in completely enclosed buildings or a car port. This unregistered vehicle must be good condition and stored in the back or side yard. Good condition is defined as having fully inflated tires, all doors, including the hood and truck, intact, and no broken or missing windows. The vehicle must be capable of passing a motor vehicle inspection as determined by the Zoning Enforcement Officer after consultation with pertinent officials.
An unregistered vehicle which does not satisfy the "good condition" definition may be allowed on a residentially zoned property if the vehicle does not have any foreseeable adverse effects on the public health, safety and welfare and is fully covered with a tarp or fully enclosed with a six foot high stockade fence.
An unregistered vehicle may be allowed in the front yard of a residentially zoned property for the purpose of advertisement of sale for a period of thirty (30) days. This vehicle must be in Good Condition, as defined above, and owned by the owner of the property on which the car is displayed. In order to place an unregistered vehicle in the front yard of a residentially zoned lot the owner shall obtain a permit from the Zoning Enforcement Officer (ZEO). If no complaints are filed with the ZEO one additional thirty (30) day time period may be granted.
(Amended effective 10/15/90)

12.11- MULTI-FAMILY STRUCTURES- No multi-family dwelling unit, building or structure shall be erected, constructed, reconstructed, altered or used unless served by both public sanitary sewer and public water.

12.12- PEDESTRIAN WALKS- Sidewalks, or other Commission approved system of pedestrian walks, are required for all development involving new streets and for development associated with existing streets within one mile of an existing school or officially designed future school site. Mile measurement to be along the most direct street to school site.

12.13- SUBDIVISION, RESUBDIVISION AND LOT SPLIT- Land may be apportioned into lots in accordance with the requirements of this Code and Subdivision Regulations.
(Effective 9/24/86)

12.14- ACCESSORY APARTMENT-
Intent- To fulfill an increasing need for smaller, more affordable housing units in owner occupied, single-family homes while preserving the quality of Middletown's housing stock character of its neighborhoods.
Definition and Applicability- An accessory apartment is herein defined as a second dwelling unit within or attached to a single-family residence. An accessory apartment will be allowed as a permitted use in all areas zoned for single-family homes.
The accessory apartment will be approved only if the applicant has demonstrated that the proposed unit meets the following standards:

  1. The principal unit and the accessory apartment shall remain under common and ownership and shall be owner occupied at all times.
  2. The accessory apartment shall be within or attached to the single-family residence with a common wall of at least eight (8) feet in width.
  3. The accessory apartment shall not alter the basic character of the building as a single-family dwelling.
  4. The accessory apartment must connect to the primary unit via an interior doorway. Additional front entrances are prohibited.
  5. The accessory apartment must use existing unit's utilities and meters.
  6. One driveway shall service both dwelling units. off-street parking for both units must be provided with three (3) spaces for the principal dwelling unit and one (1) space for the accessory apartment.
  7. The accessory apartment shall include its own kitchen, three-fixture bath and one bedroom.
  8. The floor area of the apartment must be at least 425 sq. feet and cannot exceed 800 sq. feet and 33% of the floor area of the existing home.
  9. The apartment shall comply with the Middletown Housing Code and all other applicable codes and ordinances.
  10. The accessory apartment cannot be converted from a garage or other auxiliary building.
  11. The home and apartment shall have only one (1) street number.

(Section added effective 3/3/03)
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