§ 16-28.007. Regular lots.

(1)

Width of Regular Lots; Measurement: To any lot in any dwelling district, located on a cul-de-sac or curved street, when the side lot lines are projected radially from the street line, the following provision may apply in lieu of the lot frontage required:

(a)

On lots requiring 100 feet of frontage or less, the lot frontage will be considered as that distance measured in a straight line, between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot.

(b)

For lots located in the R-1 district, the frontage required will be considered as that distance, measured in two (2) chords of 100 feet each, measured between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot. For lots located in the R-2 district, the frontage required will be considered as that distance measured in two (2) chords of 75 feet each, measured between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot.

(2)

Area of Regular Lot:

(a)

Net area of a regular lot: Net area of a regular lot shall be construed as total area within its boundaries.

(b)

Gross area of a regular lot: Gross area of a regular lot, where used for computation of allowable floor area for multi-family or PD-H residential use through application of floor area ratios, shall be computed as the net area of the lot, as described above, plus half of adjoining permanent open space such as streets, parks, lakes, cemeteries and the like, up to a maximum of 50 feet. Where such space adjoins lots on two (2) adjacent sides, the area thus added shall include the area required to complete the gap otherwise left at the intersection, as indicated at a below:

The gross area of lot 1 is thus the area within its boundaries plus the hatched area at the top and side including the rectangle marked a. The gross area of lot 2 is its net area plus the hatched area across its front.

(3)

Lot Types, Regular Lots: The diagram below illustrates terminology used herein with reference to regular corners, interior, reversed frontage, and through lots:

LOT TYPES—REGULAR LOTS

In the diagram, A = corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot (projected if rounded) meet at an interior angle of less than 135 degrees (see lots marked A(1) in the diagram).

B = interior lot, defined as a lot other than a corner lot, abutting only one (1) street.

C = through lot, defined as a lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

D = reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D); an interior lot (B-D), or a through lot (C-D).

(4)

Lot Frontage:

(a)

On regular interior lots: On regular interior lots, the front shall be construed as the shortest portion nearest the street.

(b)

On regular corner lots: On regular corner lots, the front shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two (2) or more streets, frontage shall be construed in accordance with the prevailing building pattern, or the prevailing lotting pattern if a building pattern has not been established.

(c)

On reversed frontage corner lots: On reversed frontage corner lots, if the shortest boundary fronting on a street is 80 percent or more of the length of the longest boundary fronting on a street, the applicant may select either frontage for the full-depth required front yard, if lot width requirements for the district are met.

(d)

On regular through lots: On regular through lots, all portions adjacent to streets shall be considered in establishing frontage for regulatory purposes. If the administrative official finds that the pattern of lots and/or the pattern of required lots adjacent to portions of the through lot is such as to justify a requirement that more than one frontage be provided on such lot, such additional frontage shall be required. If one of the frontages is determined to be the rear yard of the lot, a five-foot wide buffer with vegetative screen no less than six feet in height shall be required along the rear property line.

(5)

Yards, Regular Lots:

(a)

Front yards: Front yards shall be construed as extending between side lot lines across the frontage of a lot adjoining a public street. Depth of a front yard shall be measured as indicated in (f) below.

(b)

Half-depth front yards adjacent to streets other than in frontage: Where portions of the lot adjoin a street other than in frontage, as described in (a) above, yard parallel to the street and at least half the width of the front yard required in the district shall be provided. Such yard shall be subject to limitations on uses as provided for front yards. Depth of such yards shall be measured as indicated in (f) below.

(c)

Average depth front yard: Where more than 50 percent of the frontage within a block between intersecting streets is developed with structures having a lesser setback than required by the applicable district regulations, the setback requirement for proposed structures may be reduced to the average setback so established by the bureau of buildings but shall not be reduced by less than 50 percent of the required setback so contained within the applicable district regulations.

(d)

Side yards, credit for adjacent alleys: Side yards shall be construed as running from the rear line of the required front yard to the front line of the required rear yard. Where a side lot line adjoins an alley, half the width of the alley shall be considered as within the lot in determining whether side yard requirements have been met.

Width of side yards shall be measured at right angles to the lot line, so that required minimum yard is a strip of the minimum width required with its inner edge parallel to its outer edge.

On through lots with more than one front yard, the side yard shall be construed as running to the rear lines of the front yard involved.

(e)

Rear yards, credit for adjacent alleys: Rear yards shall be construed as extending across the full width of the lot at its rear, except where a portion of such width is within a half depth front yard, in which case the rear yard shall be construed as extending across the width of the lot for the portion not in such required half-depth front yard. Where a rear lot line adjoins an alley, half the width of the alley shall be considered as within the lot in determining whether rear yard requirements have been met.

(f)

Special yards: A special yard, for purposes of these regulations, shall be construed as a yard other than adjacent to a street, required to perform the same functions as a side or rear yard but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard," as generally determined, defined or applied with respect to regular lots, fits the circumstances of the case. In such instances, the building official shall require special yard, with minimum dimensions and methods of measurement as generally required for either a side or rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation of structures and buildable areas thereon.

(g)

Yards adjacent to the public streets; methods of measurements: Measurements of yards adjacent to public streets to determine conformity with the requirements of this part shall be made as follows: A straight line shall be drawn between the two points at which the lot lines for the portion of the lot involved intersect street right-of-way lines. Where property corners are rounded, such points shall be plotted by projecting the lot lines to the point where they would have met without rounding. Depth of required yards adjacent to public streets shall be measured perpendicular to such straight line, and the inner line of such required yard shall be parallel to the outer line.

(h)

Setback lines established by council: Where setback lines have been officially established by the council with required greater distances from property lines to buildable area boundaries than would be required by generally applicable yard requirements, such setback lines shall govern in determining boundaries of buildable areas.

(i)

Diagram indicating location and method of measurement of yards on regular lots: The diagram which follows indicates location and method of measurement of yards on regular lots.

Location and Method of Measurement of Yards (1)

Location and Method of Measurement of Yards (2)

(Code 1977, § 16-28.007; Ord. No. 2003-88, § 1, 9-10-03)