Charlestown
Town of Charlestown Zoning Ordinance
§ 218-42

Specific Standards.

§ 218-42. Specific Standards.

  • A. Front Lot Lines.

    • (1) Corner Lots/Lots Fronting on More Than One Street.

      • (a) Improved Lots.

        • [1] On improved lots the street line onto which the main entrance to the structure, or the front door, if a residential dwelling faces shall be deemed to be the front lot line. The property line and/or street line intersecting the front lot line shall be deemed to be side lot lines.

        • [2] Owners of improved lots may elect, once and only once, to select the other street line as the front lot line. The property line and/or street line intersecting the selected front lot line shall thereafter be deemed to be side lot lines. This election shall be made at the time a structural building permit is issued and shall be expressly noted on the application for such permit and on accompanying plans submitted therewith. Such election, or the issuance of such permit in the absence of election, shall finally determine the front lot line of the lot and shall be binding upon the successors, heirs and assigns of the owner to which such permit is issued.

      • (b) Unimproved Lots.

        • [1] The owners of unimproved lots of record may elect, once and only once, the street line of their choice as the front lot line. The property line and/or street line intersecting the selected front lot line shall thereafter be deemed to be side lot lines. This election shall be made at the time a structural building permit is issued and shall be expressly noted on the application for such permit and on accompanying plans submitted therewith. Such election, or the issuance of such permit in the absence of election, shall finally determine the front lot line of the lot and shall be binding upon the successors, heirs and assigns of the owner to which such permit is issued.

    • (2) Conformance with Setbacks. Nothing in this Section shall preclude compliance with the required building setbacks for lot lines as set forth in this Ordinance, upon the final determination of the front lot line in accordance with the provisions of this Section.

  • B. Building Height. In all districts the height of any building or structure shall not exceed the following: Lot Size (SF) Maximum Height (Ft.) Less than 40,000 30 40,000 and greater 35 (1) Buildings between 30' and 35' will require a minimum 6 pitch for all roof lines above 30' and there will not be allowed any habitable structures, or parts thereof, exterior to the roof structure above 30' (i.e. roof decks, widows walk, etc).

    • (2) The following structures or parts of structures that are usually required to be placed above the roof level and are not intended for human occupancy may be erected no more than fifteen percent above the specified height limitations of this ordinance: church spire, church belfry, church tower, grain elevator, chimney, elevator penthouse, silo, necessary mechanical appurtenances, ornamental towers, spires, or water supply structures.

    • (3) Exceptions:

      • (a) The Mixed-Use Zoning Overlay District — The maximum height shall be limited to 35' on all C1 and C2 zoned properties.

      • (b) The maximum height for buildings and structures erected in Special Flood Hazard areas (see definition) shall be in accordance with the Dimensional Table of this ordinance (§ 218-41) minus the difference between the base flood elevation, however established, and the average existing grade. Additionally, any building or structure erected in a Special Flood Hazard area on a parcel of less than 40,000 SF shall be permitted to increase the maximum building height by the difference between the design flood elevation and the average existing grade, up to a maximum building height of 35'. [Amended 2-11-2019 by Ord. No. 381] (c) Existing buildings and structures, which exceed the allowable height requirements for the lot size, if all the other dimensional requirements of this ordinance are met, may be added to with a maximum allowable height as exist on the present building or structure. The maximum height will not exceed 35'.

      • (d) A building or structure destroyed by accident or by an act of God may be restored within two years to its original height provided that the location and the total floor area are not increased or altered.

  • C. Yard Regulations. Yards required by this Ordinance and the space above them shall be unobstructed by buildings or structures except as provided in this Section or otherwise provided in this Ordinance:

    • (1) Ordinary projections of window sills, cornices, and other structural features may not extend more than twelve inches into the space above required yards.

    • (2) Signs as permitted in ARTICLE XI Signs may be located in front yards.

    • (3) Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks, and similar architectural projections when attached to a principal building shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. When such structures are not attached by the principal building they shall be considered accessory buildings and shall be governed by the provisions of ARTICLE VI § 218-37B. Accessory Uses.