On January 19, 2010 the Town Council passed Ordinance 10.01.01 that amended Article 4. Section 2.6  R-2(single family dwelling), and 3.6, R-3 (single family and duplex).  The amendment reduced the minimum front yard from 35 feet to 25 feet in the R-2 and R-3 zoning districts.  There is now interest in reviewing that amendment and returning to the original setbacks of 35 feet.  This is a discussion to determine if additional research is warranted.

The genesis of the 2010 ordinance was to reduce the number of non-complying houses in the old section of Town with a specific emphasis on providing for the placement of porches on older housing stock that encroached into the setback.

At the time the ordinance was approved, additional language was inserted to allow for front yard setback encroachment to allow for greater flexibility in the location of front porches as noted below:

“4.  Open, unenclosed porches, platforms or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building and which do not exceed ten (10) feet in depth, may extend or project into the front yard not more than six eight (8) feet, but not closer than five (5) feet to the front property line.  An "open, unenclosed porch" is a porch that may have a roof, but no side enclosure (other than the side of the building to which the porch is attached) other than railings or a wall not exceeding 36 inches in height from the porch floor.  Steps from the porch to grade may extend up to four (4) additional feet into the required yard.”

The change in front yard depth is the main issue.  Dozens of houses located in most areas of town will encroach into the setback if it is changed back to 35 feet.  These houses will become non-complying because they will not be able to meet the setback requirements.  The houses are not just limited to the old section of Town.  Houses that are closer than 30-35 feet to the setback line can be found in most areas in Town from Main Street to Old Dominion Valley, to Hirst Farm.  One of the unintended consequences for a non-complying existing house is additional difficulty getting home improvement loans and insurance policies.  The change in front yard depth is the main issue.  Dozens of houses located in most areas of town will encroach into the setback if it is changed.  These houses will become non-complying because they will not be able to meet the setback requirements.  The houses are not just limited to the old section of Town.  Houses that are closer than 30-35 feet to the setback line can be found in most areas in Town from Main Street to Old Dominion Valley, to Hirst Farm.  One of the unintended consequences for a non-complying existing house is additional difficulty getting home improvement loans and insurance policies. 

It will take significant research to prepare an ordinance that would change setbacks.  It would be a text change to the Zoning Ordinance which would require Planning Commission and Town Council review and approval.  Research would have to identify every parcel that would be affected.  That would require substantial GIS work and will most likely change the priority of other projects.