Any lot of record existing at the effective date of this chapter
in any C-1, A-1 or R district may be used for the erection of a single-family
dwelling, even though its area and width is less than the minimum
requirements set forth herein, except as set forth hereafter. Where
yard spaces do not meet the requirements of the C-1, A-1, or R districts
as given in Table 5,[1] variances may be requested of the Board as indicated in § 231-804D. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a permit shall be referred to the Board, which may require that the two lots be combined and used for one main building. Where three or more adjacent lots of record with less than the required area and width are held by one owner, the Board may require replatting to fewer lots which would comply with the minimum requirements of this chapter.
[1]
Editor's Note: See the table of yard, area and height regulations
included as an attachment to this chapter.
A.
Front yards.
(1)
Residence districts.
(a)
Principal buildings. In any A-1 or R district, the front yard
depth for any residential building hereafter erected shall be the
average of the front yard depths of the lots immediately adjoining
on each side provided such adjoining lots are improved with principal
buildings situated within 200 feet of the joint side property line,
but where said immediately adjoining lots are not both so improved,
then the depth of the front yard of any building hereafter erected
shall be not less than the average depth of the front yards of all
improved lots in the same block front within 200 feet on each site
thereof, provided that no dwelling shall be required to set back more
than 60 feet in the C-1 and A-1 districts or more than 50 feet in
R districts and shall not be less than 10 feet.
(b)
Garages where steep slopes exist. In any C-1, A-1, or R district,
where the natural grade of a lot within the required front yard is
so steep, perpendicular to the front lot line at every point along
said line, that it is not practicable to provide a driveway with a
grade of 12% or less to a private garage conforming to the requirements
of this chapter, such garage may be located within such front yard,
but not in any case closer than six feet to the street line.
(c)
Through lots. In any R district, where a lot runs through a
block from street to street, a frond yard as required by this chapter
shall be provided along each street lot line which is not a side street
lot line.
(2)
Business districts. In any B district, the front yard setback
of any building or other structure hereafter erected shall be the
average of the front yard depths of the lots immediately adjoining
on each side, provided such adjoining lots are improved with permanent
commercial buildings constructed of fire-resisting materials situated
within 100 feet of the joint side property line, but where said immediately
adjoining lots are not both so improved, then the depth of the front
yard of any building hereafter erected shall not be less then the
average depth of the front yards of all lots within 100 feet on each
side thereof which are improved as described above.
B.
Side yards.
(1)
Width of one side yard may be reduced. The Board may authorize
the required width of one side yard for a single- or two-family dwelling
to be reduced to not less than three feet, provided that the combined
side yards shall not be less than the required minimum, and provided
the distance between the proposed dwelling, and another dwelling,
existing or proposed on an adjacent lot, is not less than the required
minimum sum of the two side yards.
(2)
Side yard width may be varied. Where the side wall of a building
is irregular, or not parallel with the side lot line, the average
width of the side yard shall not be less than the otherwise required
lease width, provided that the side yard shall not be narrower at
any point than five feet, where the chapter would ordinarily require
five feet or more.
(3)
Side and rear yard requirements for nonresidential uses abutting
or within a C-1, A-1, or R district.
(a)
Minimum yard requirements: Nonresidential buildings constructed or uses hereafter established shall not be located or conducted closer to any lot line in a C-1, A-1, or R district than the distance specified in the following schedule, except as provided in Subsection B(3)(b) hereafter or § 231-614C(2)(b):
|
Minimum Side or Rear Yard
|
Use
|
|---|---|
|
20 feet
|
Off-street parking spaces and access drives for nonresidential
uses.
|
|
30 feet
|
Churches, schools and public or semipublic buildings.
|
|
50 feet
|
Recreation facilities, entertainment facilities, motels, trailer
camps, strip-mining, culm banks.
|
|
100 feet
|
Facilities for the commercial boarding or care of domestic animals,
outside sale of storage of building material or construction equipment,
auto salvage operations, breakers, and truck terminals.
|
(b)
Landscaping or screening provisions. For nonresidential uses listed in Subsection B(3)(a) abutting a lot in a C-1, A-1, or R district, the minimum yards may be reduced to 10% of the above requirements if acceptable landscaping or screening, approved by the Zoning Officer, is provided. Such screening shall be a masonry wall or solid fence, between five and six feet in height, maintained in good condition and free from all advertising or other signs. Landscaping, provided in lieu of such wall or fence, shall consist of a strip of land not less than five feet in width, planted with an evergreen hedge or dense planting of evergreen shrubs that will reach a height of not less than five feet within three years.
C.
Projections into yards and courts.
(1)
A wall or fence under six feet in height, or higher if a retaining
wall, may be erected within the limits of any yard or outer court.
(2)
Patios, terraces and open porches may be located in side and
rear yards, not closer than three feet to any adjacent property line.
If located closer than eight feet in any district except an R-3 district,
or five feet in an R-3 district, they shall be adequately screened
from the adjoining lot.
(3)
Architectural projections. Chimneys, leaders, cornices, eaves,
gutters and bay windows, and the like, may extend not more than 18
inches into any required yard.
