§ 7.3. Application of standards.
7.3-1 Lots of record. Any lot of record which is legal at the time of the adoption or amendment of this ordinance, that has an area or width that is less than required by this ordinance, may be used, subject to the following exceptions and modifications.
a.
Individual lot not meeting minimum lot size requirements. Except as set forth in section 7.3-1a., in any zoning district in which one-family dwellings are permitted any lot of record existing at the time of adoption or amendment of this ordinance which has an area, width or depth less than that required by this ordinance may be used as a building site for a one-family dwelling.
In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width one-family dwelling, the zoning board of appeals is hereby authorized to grant a variance reducing the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling, but in no case shall each of the side yards be less than five feet in width.
7.3-2 Lot area. No lot shall be reduced in size so that lot width or depth, size of yards, lot area per family or any other requirement of this ordinance is not maintained. This limitation shall not apply:
a.
When a portion of a lot is acquired for a public purpose.
b.
To dormitories, fraternities, sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.
c.
To rental units in a hotel, motel, motor lodge, tourist home or to rooms in a rooming or boarding house.
7.3-3 Corner lots. The minimum yard requirements for corner lots with multiple road frontage shall not be less than the minimum front yard requirements for such lots as specified for each district. Such yards shall be classified as required front yards.
7.3-4 Through lots. On lots having frontage on two streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of this ordinance.
7.3-5 Double frontage corner lot. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the regulations set forth in this ordinance on at least two of the street frontage. The minimum front yard on the other frontage or frontages may be reduced along the other streets in accordance with the provisions of section 7.3-3.
7.3-6 Density. No building or structure shall hereafter be erected, constructed, reconstructed or altered to:
a.
House greater number of families per acre or occupy a smaller lot area per family than are herein required.
b.
Have narrower or smaller front, rear or side yards than are herein required.
7.3-7 Yards and other spaces.
a.
No part of a yard or the off-street parking or loading spaces that are required in connection with any building or use for the purpose of complying with the regulations of this ordinance shall be included as part of the yard or off-street parking or loading spaces required for another building, except as specifically provided herein.
b.
Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.
c.
Where these regulations refer to side streets, the zoning administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of two streets is the side street.
d.
Every part of a required yard (except rear yards) shall be open to the sky, except as authorized by this article, and excepting ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices and ornamental features which may project to a distance not to exceed 24 inches into a required yard.
7.3-8 Front yards.
a.
Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.
b.
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, may extend or project into the front or side yard not more than six feet. Unenclosed porches shall be considered part of the main structure.
c.
Within the same block and zoning district, when 25 percent or more of the existing buildings which are located within 200 feet of each side of a lot have less than the minimum required setback, the setback of such lot should not exceed the average of the existing setbacks.
7.3-9 Side yards.
a.
For the purpose of the side yard regulations, a group of business or commercial building separated by common or party walls shall be considered as one building occupying one lot.
7.3-10 Rear yards. Open or lattice-enclosed fire escapes, outside stairways balconies opening up on fire towers and the ordinary projections of chimneys and flues, may project into the required rear yard for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.
(Ord. No. 2011-Z-001, 3-1-11)