§ 16-28.006. Lots, yards and related terms and methods of measurement; general requirements and limitations; definitions.

(1)

Lot Defined. Prohibition Against Division Creating Substandard Lots: A lot is a parcel of land. For the regulatory purposes of this part, a lot may consist of a single lot of record, a portion of a lot of record, combinations of adjacent individual lots and/or portions of lots, or a parcel described by metes and bounds; provided that in no case of division or combination shall a residual lot be created which does not meet the requirements of this part.

(2)

Lot, Conforming, Defined: A conforming lot is a parcel of land meeting the lot requirements of this part as to minimum size and street frontage. In determining whether a lot is conforming, the area of any easement, lease, license or other similar instrument for transferring real property interests shall be excluded, except that underground utility easements and common driveways, shall be included. Unless otherwise indicated, the term "lot" as used in these regulations shall be construed to mean a conforming lot.

(3)

Lot, Nonconforming, Defined: A lot existing at the time of passage or amendment of this part with dimensions or access not meeting minimum requirements established herein.

(4)

Lot, Substandard, Defined: A lot created after passage or amendment of this part, and not in accord with its requirements as to dimensions or access. In general, such lots are illegal unless created by governmental or court action. Where created by governmental or court action, such lots shall have the status of nonconforming lots.

(5)

Lot, Regular, Defined: A lot abutting a public street or approved private street, so located, shaped and oriented to the street and to adjacent lots as to be reasonably adapted to application of general measurements as indicated herein at section 16-28.007 below, and with location of yards by type (front, side, rear and special) logically determined by and functionally related to adjacent yard patterns.

(6)

Lot, Irregular, Defined: A lot so located, shaped or oriented to adjacent lots and/or accessways that application of general measurement methods or yard requirements of the district in which it is located serves no significant purposes, and/or with location of yards by type (front, side and rear) not logically determined by nor related to yard patterns on nearby regular lots.

(7)

Yard Defined. General Limitations on Occupancy: A yard is an open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward (except as provided in section 16-28.008 below); provided, however: (a) that fences and walls may be permitted in any yard subject to height and sight distance requirements established by these or other regulations; (b) that poles, posts and other customary yard accessories, ornaments and furniture shall be permitted in any yard, subject to section 16-28.008(9); and (c) that swimming pool equipment, power generators, hand rails and HVAC mechanical equipment may extend up to 44 inches above the general ground level of the graded lot.

(8)

Court Defined: A court is an uncovered outdoor space enclosed on two (2) or more sides by exterior walls of buildings on the same lot, with limitations on occupancy as provided for a yard, above.

(9)

Buildable Area Defined: The portion of the lot remaining after required yards have been provided. Buildings may be located within any part of the buildable area; but if there are limitations on percent of the lot which may be covered by buildings which exceed the area in required yards, remaining ground-level open space shall be provided within the buildable area.

(Code 1977, § 16-28.006; Ord. No. 2017-47(17-O-1166), § 1, 8-30-17 ; Ord. No. 2018-11(18-O-1023), §§ 1.A, 6, 5-16-18 )