A+ | A- | Reset
154.52 YARD MODIFICATION
154.52 YARD MODIFICATION
 
154.52.00           AVERAGE DEPTH OF FRONT YARDS
 
                           In any R-District, where the average depth of at least two (2) existing front yards on lots within one-hundred (100) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Ordinance, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average of the depth on the two (2) lots immediately adjoining, or, in the case where there are no buildings on both of the lots immediately adjoining, the average depth of the front yards on lots within one-hundred (100) feet to the lot in question and within the same block front; provided, however, that the depth of a front yard of any lot shall be at least 10 (10) feet and need not exceed fifty (50) feet.
 
154.52.00.01      Steep slopes - front yard garage
 
                           In any R-District where the natural slope of a lot within the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve (12) percent or less to a private garage conforming with the requirements of this Ordinance, such garage may be located within such front yard, but not in any case closer than six (6) feet from the front lot line.
 
154.52.00.02      Double frontage lots
 
                           Buildings on lots having frontage on two (2) non-intersecting streets need not have a rear yard, if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
 
154.52.01           REAR AND SIDE YARDS - HOW COMPUTED
 
                           In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half (1/2) of the width of the alley may be included as a portion of the required rear or side yard, as the case may be; provided, however, that no side yard shall be less at any point than three (3) feet, and no rear yard less than ten (10) feet.
 
154.52.02           SIDE YARD MODIFICATIONS
 
154.52.02.01      Side yard increased
 
                           Each side yard, where required, shall be increased in width by two (2) inches for each foot by which the length of the side wall of the building, adjacent to the side yard exceeds forty (40) feet.
 
 
154.52.02.02      Side yard varied - Wall not parallel
 
                           Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than one-half (1/2) the otherwise required least within, or narrower than three (3) feet in any case.
 


154.52.03           REAR AND SIDE YARD REDUCED
 
                           Depth of a rear yard or width of each side yard for a one-family or two-family dwelling may be reduced by four (4) inches and two (2) inches respectively, for each foot by which a lot at the time of enactment of this Ordinance is less than one-hundred (100) feet deep or less than fifty (50) feet wide; provided, however, that no such side yard shall be less at any point than three (3) feet, or, in the case of such side yard along a side street lot line, less than five (5) feet; and further provided that no such rear yard shall be less than ten (10) feet. (Ord. 95-1984)
 
 
154.52.04           Modifications due to the removal of a dwelling within the last thirty (30) years
 
                           (a)     Notwithstanding any contrary provision or requirement contained in this Code dealing with lot size, front yard depth, front yard width, rear yard depth, rear yard width or side yard width, including, but not limited to, the requirements mandated by Sections 154.20.03, 154.21.04, 154.22 04, 154.23.04 and 154.52, et. seq., a person may construct a new residential dwelling on any lot carrying a residential (R) zoning designation, if such person can demonstrate the following:
 
(1)        Within thirty (30) years preceding the date such person applies for an Improvement Location Permit, the lot contained a dwelling and such lot, at one time, conformed with any then existing zoning requirements at the time the dwelling was constructed; and
 
(2)       The dwelling that once existed on the lot has been completely removed; 
 
(3)       The construction of the new residential dwelling will not present a danger to persons or property because of its reduced lot size, front yard width, front yard depth or side yard width; and
 
(4)         A new dwelling could not lawfully be constructed on the lot solely because of the minimum requirements (based upon the current zoning designation of the lot) for lot size, front yard depth, front yard width, rear yard depth, rear yard width or side yard width; and
 
(5)         The height of the proposed dwelling will not vary more than twenty percent (20%) from the average height of other existing dwellings located on the same block as the proposed dwelling.
 
(6)        The orientation of the proposed of the front view to the street of the proposed dwelling shall be consistent with the orientation of the front view to the street of the existing dwellings within one hundred feet and on the same block as the proposed dwelling.
 
(7)       The proportion of the front elevation (ratio of the height to width), foundation height and roof configuration of the proposed dwelling shall be consistent with proportion of front elevation, foundation height and roof configuration on other existing dwellings located on the same block as the proposed dwelling.
 
                           (b)     A new dwelling, permitted by this section, may not be constructed in such a manner as to reduce the lot size, front yard depth, front yard width, rear yard depth, rear yard width or side yard width of the lot below the same measurements of the lot when the previous dwelling was standing.
                          
                           (c)     Persons constructing new dwellings pursuant to this section must comply with all other applicable laws and regulations, including, but not limited to, any other applicable State or Federal building code, Chapter 150, Chapter 151, Chapter 153, Chapter 154 and Chapter 158.
                          
                           (d)     For purposes of this Section only, the following terms are hereby defined:
 
(1)       the “front” of a dwelling shall be the side of such dwelling that is used for purposes of assigning a street address to the lot containing a dwelling.
 
(1)               the term “front elevation” shall be determined by measuring the height of surface of the front side of the dwelling from the foundation to the roof line.
 
(2)               the term “orientation” describes the manner in which the front elevation of a dwelling faces the street. (Ord. 67-2003)


More Categories: