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  • Planning and Zoning Code- Section 13
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  • SECTION 13- EXCEPTIONS AND MODIFICATIONS
  • 13.01- LOTS OF RECORD
  • 13.01.01- DWELLING ON ANY LOT OF RECORD- In any Zone where dwellings are permitted a single family detached dwelling may be erected on any lot of official record at the effective date of this Code. The lot must have fifty (50) feet of frontage, provided, however, that if any such lot of official record established prior to Middletown's adoption of Subdivision Regulations (November 1, 1941) has less than 50 feet of frontage but more than 25 feet of frontage it may be approved as a building lot upon application for a special exception if it has availability of city water and sewer services or, if not, is found acceptable by the Middletown Department of Health for onsite well and septic system. Other area, yard, and open space requirements must be complied with as nearly as possible required that: (Amended eff. 8/1/89)
  • 13.01.02- MINIMUM YARDS- In no case shall the width of any side yard be less that ten (10) percent of the width of the lot, and provided, that on a corner lot, the width of the side yard adjoining the side street lot line shall be not less that eight (8) feet or twenty (20) percent of the frontage, whichever is the greater. In no case shall the depth of the rear yard be less than ten (10) feet. Front, side or rear yard encroachments as specified in subsection 13.03 shall be prohibited in the case of substandard lots of record.
  • 13.02- HEIGHT MODIFICATIONS-
  • 13.02.01- HEIGHT LIMITATIONS NOT APPLICABLE- The height limitations stipulated elsewhere in this Code shall not apply to the following:
  • 13.02.02- FARM BUILDINGS, ARCHITECTURAL FEATURES, ETC.- Barns, silos, or other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials; to parapet walls extending not more than four (4) feet above the limiting height of the building.
  • 13.02.03- PLACES OF PUBLIC ASSEMBLY- Places of public assembly in churches, schools, and other permitted public and semi-public buildings, provided that these are located on the first floor of such buildings and provided that for each three (3) feet by which the height of such buildings exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone.
  • 13.02.04- STRUCTURES- Belfries, chimneys, flagpoles, flues, monuments, radio and television towers, antenna or aerials, spires, tanks, water towers and tanks, air conditioning units or similar roof structures and mechanical appurtenances. No such roof structure, however, shall have a total area greater than twenty-five (25) percent of the roof area; nor shall such structure be used for any purpose other than a use incidental to the main use of the building.
  • 13.03- FRONTAGE AND YARD MODIFICATIONS-
  • 13.03.01- BUILDINGS ON THROUGH LOTS- Buildings on through lots shall conform to the front yard requirements for each street. In case of reversed frontage an accessory building shall not extend beyond the setback line of the rear street.
  • 13.03.02- FRONTAGE MODIFICATION- In the case of curvilinear streets and cul-de-sacs, the Planning Commission may authorize a reduction of the otherwise specified frontage or lot width in Residential zones along the front property line, provided that:
    1. The lot width at the building line shall equal the frontage or lot width required in the zone where located;
    2. The front lot line shall not be less than sixty (60) feet in any event; and
    3. Such reduction of frontage shall not result in a reduction of the required lot area.
  • 13.03.03- AVERAGE DEPTH OF FRONT YARDS- In any Residential Zone, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question, and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of said existing front yards on the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten (10) feet and need not exceed fifty (50) feet.
  • 13.03.04- REAR AND SIDE YARDS - HOW COMPUTED- In computing the depths of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half () of the width of the alley may be included as a portion of the required rear or side yard, as the case may be.
  • 13.03.05- SIDE YARD MODIFICATIONS-
    • SIDE YARD INCREASED- Each side yard, where required, shall be increased in width by one (1) inch for each foot by which the length of the side wall of building, adjacent to the side yard, exceeds fifty (50) feet.
    • SIDE YARD VARIED - WALL NOT PARALLEL- Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than one-half () of the otherwise required least width or narrower that three (3) feet in any case.
    • SIDE YARD - CORNER LOT- A side yard along the minor street lot line of a corner lot in any zone, shall have a depth fronting the side street of not less that one-half () the depth of the front yard required for the zone in which the corner lot is situated.
  • 13.03.06- DELETED-
  • 13.03.07- SHEDS, PLAYSCAPES AND OTHER DETACHED ACCESSORY STRUCTURES - The side and rear yard in all residential zones for sheds, playscapes and other detached accessory structures shall be ten (10) feet provided said shed, playscape and accessory structure does not exceed twelve (12) feet in height or a gross footprint in excess of 150 square feet.  (Added effective 6/30/12)
  • 13.04- PROJECTION OF ARCHITECTURAL FEATURES- Certain architectural features may project into required yards or courts as follows:
  • 13.04.01- BELT COURSES, SILLS AND LINTELS- Belt courses, sills and lintels may project six (6) inches into front, rear and side yards.
  • 13.04.02- CORNICES, EAVES AND GUTTERS- Cornices, eaves and gutters may project three (3) feet into front and side setback space, and five (5) feet into rear yards.
  • 13.04.03- BAY WINDOWS- Any bay window, entrance, vestibule or balcony, ten (10) feet or less in width, may project not more than three (3) feet into front and rear yards.
  • 13.04.04- FENCES- Fences, up to six (6) feet in height, may be erected along the rear boundary, side boundary (from building line to rear boundary only) and front building line of a lot, and such fences shall not be deemed "structures" or "obstructions" for the purposes of this Code.
  • 13.04.05- STEPS, STOOPS AND PORCHES- Steps and uncovered stoops may extend into any minimum front or rear yard not more than nine (9) feet. On a corner lot having a minimum side yard twenty-five (25) feet or more in width, steps and open uncovered stoops, and porches may extend into such minimum side yard not more than nine (9) feet; but there shall be no encroachment upon the minimum side yard of a corner lot when such yard is less that twenty-five (25) feet in width, nor shall any other minimum side yard be encroached upon by such extensions. Enclosing or roofing of steps and open uncovered stoops, porches and outside open stairways which extend into the minimum required yards is prohibited.
  • 13.04.06- FIRE ESCAPES- Fire escapes may project not more than five (5) feet into front, side or rear yards.
  • 13.04.07- CHIMNEYS- Chimneys in any Residential Zone may project not more that eighteen (18) inches into a front, side or rear yard. Chimneys used as walls shall not be allowed to project into any yard.
  • 13.04.08- BUILDING ACCESSORIES- Building accessories designed and intended to control light entering a building and being a permanent part of such building may project five (5) feet into the front yard, ten (10) feet into rear yard and three (3) feet into side yard.
  • 13.04.09- AWNINGS, STORM DOORS, ETC.- Building accessories designed and intended to control light entering a building and not being a permanent part of such building, such as summer awnings and winter storm doors and windows, may project five (5) feet into the front yard, ten (10) feet into the rear yard, and three (3) feet into the side yard.
  • 13.04.10- CARPORTS- An open carport without a supporting structural wall or a screen wall, over sixty (60) inches in height, may project into the minimum yards as follows:
    1. Front yard-three (3) feet
    2. Side yard
      1. To a point not less than twice the minimum side yard requirement from the main building on the adjoining lot, or
      2. A depth of three (3) feet. In no event, shall the remaining side yard be less than three (3) feet.