EXCEPTIONS AND MODIFICATIONS

Section 801 Lot of Record

Where the owner of a lot of official record in any district at the adoption of this ordinance or his successor in title thereto does not have sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance, such lot may be used as building site; provided, however, that the setback requirements of the district are complied with or a variance is obtained from the Board of Adjustment. No such variance may be granted to allow residential structures closer to any side property line than ten (10) feet.

Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in single ownership at any time after the adoption of this ordinance and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this ordinance for the district in which such lots are located.

Section 802 Front Yard Setbacks for Dwellings

The front yard setback requirements of this ordinance for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one-hundred (100) feet on either side of the proposed dwelling and on the same side of the same block and use district and fronting on the same street as such lot is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten (10) feet, from the street right-of-way line, whichever is greater.

Section 803 Height Limitations and Exceptions

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, water towers, electrical transmission towers. In no instance shall any of the provisions of this section apply to towers erected and maintained by a public authority for public safety or emergency communication purposes.

Section 804 Visibility at Intersections

On a corner lot in any district other than the C-B, Central Business District, no planting, structure, sign, fence, wall or obstruction to vision more than three (3) feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street center lines, and a straight line connecting points on said street center lines, each of which is seventy-five (75) feet distant from the point of intersection.

Section 805 Exceptions to Buffer Strip Requirements

Whenever the terms of this ordinance require provision of a buffer strip, said requirement may be excepted or modified application to and approval by the Village Council, provided any condition below is met:

805.1 Visual screening is provided by existing natural or manmade features; where installation of walls, fences, or natural plantings would serve no screening purpose.

805.2 Existing development on an adjacent parcel of land is similar to the use proposed for development.
 
805.3 A statement from affected adjoining property owner(s) is provided indicating that a buffer strip is undesirable.