Zoning Code Article IX

Supplementary Height, Area, And Bulk Regulations

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Section 1. Purpose.

The regulations set forth in this Article qualify or supplement the District regulations appearing elsewhere in this Ordinance.

Section 2. Mixed Uses.

Where more than twenty-five percent (25%) of the total floor area of any structure in a commercial District other than the C-3 District is used for dwelling purposes, in a structure which may also contain nonresidential uses, the minimum height, area and bulk requirements for residential development applicable in the District in which such structure is located shall apply, subject to the side yard modification for mixed uses contained elsewhere in this Article. Where twenty-five percent (25%) or less of the total floor area of such structure is used for dwelling purposes, the structure shall be subject to the height, area and bulk requirements applicable to nonresidential structures in the District.

Section 3. Height Modifications.

A. Except within an area defined as an airport approach zone by the Federal Aviation Agency, the height limitations of this Ordinance shall not apply to:

Fire towers

Flag poles

Public monuments

Commercial radio and television towers less than one hundred twenty-five (125) feet in height

Water towers and standpipes

Section 4. Lot Area.

A. If the owner of a lot in any District does not own a parcel or tract of land immediately adjacent to such lot and if such lot was of record prior to the application of any zoning regulations and restrictions to the premises and if such lot does not conform to the requirements of such regulations and restrictions as to width of lots and lot area, the provisions of such lot area and lot width regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.


Section 5. Lot Averaging

Where single-family detached dwellings have a minimum lot area requirement of 10,500 square feet, individual lot area may be reduced to 9,000 square feet so long as the overall average lot size in the subdivision is 10,500 square feet.

For example,

10 lots @ 9,000 sq. ft. each

10 lots @ 12,000 sq. ft. each


20 lots @ 210,000 sq. ft. = 10,500 sq. ft. average lot size

Section 6. General Yard and Open Space Regulations.

A. Whenever a lot abuts upon a public alley, one-half (1/2) of the alley width may be considered as a portion of the required yard.

B. Where these regulations refer to side streets, the Administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of two streets, if any, is the side street. If the Administrator decides that both streets are main streets the front yard setback shall apply to both streets.

C. Every part of a required yard shall be open to the sky, except as authorized by this Ordinance, 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 twenty-four (24) inches into a required yard.

D. Plural main structures.

1. More than one (1) main structure may be located upon a lot or tract in the following instances:

a. Institutional structures.

b. Public or semipublic structures.

c. Townhouse dwellings.

d. Commercial or industrial structures.

e. Homes for the aged.

2. The provisions of this exception shall not be construed to allow the location or erection of any structure or portion of a structure outside of the buildable area of the lot.

E. In the event that a lot is to be occupied by a group of two (2) or more related structures to be used for residential purposes, there may be more than one (1) main structure on the lot when such structures are arranged around a court, provided that said court, between structures that are parallel or within forty-five (45) degrees (45) of being parallel, shall have a minimum width of thirty (30) feet for one-story structures, forty (40) feet for two-story structures and fifty (50) feet for structures of three (3) stories or more, and in no case may such structures be closer to each other than twenty (20) feet.

F. Where a court is more than fifty percent (50%) surrounded by a structure, the minimum width of the court shall be at least thirty (30) feet for one-story structures, forty (40) feet for two-story structures and fifty (50) feet for three-story structures.

Section 7. Front yards.

A. Where an official right-of-way line has been established for an existing street or for the future widening or opening of a street 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 structure.

B. On through lots, the required front yard shall be provided on each street.

C. There shall be a front yard of at least fifteen (15) feet on the side street of a corner lot in any District.

D. Open, unenclosed porches, 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 structure, may extend or project into the front or side yard not more than six (6) feet.

E. Where twenty-five percent (25%) or more of the street frontage, or where twenty-five percent (25%) or more of the street frontage within four hundred (400) feet of the property in question, is improved with structures that have a front yard [with a variation of six (6) feet or less] that is greater or less than the required front yard in the District, no structure shall project beyond the average front yard so established; provided, however, that a depth of front yard of more than fifty percent (50%) in excess of the depth of the required front yard in the District in which the lot is located shall not be required. Where forty percent (40%) or more of the street frontage is improved with structures that have no front yard, no front yard shall be required for the remainder of the street frontage.


Section 8. Side yards.

A. Where a structure in a commercial District other than the C-3 District is subject to the height, area and bulk requirements applicable to residential development under Section 2. of this Article, the side yard requirements for residential development shall be applied only to the lowest floor and all floors above it which contain more than twenty-five percent (25%) of its area used for dwelling purposes. All floors shall be subject to side yards required by these regulations for commercial structures adjacent to residential Districts.

B. For the purpose of the side yard regulations, a group of business or industrial structures separated by common or party walls shall be considered as one (1) structure occupying one (1) lot.

C. The minimum width of side yards for schools, libraries, churches, community houses and other public and semipublic structures in residential Districts shall be twenty-five (25) feet, except where a side yard is adjacent to a business or industrial District, in which case the width of that yard shall be as required for the District in which the structure is located.

Section 9. Rear yards.

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon 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 (5) feet, but only where the same are so placed as not to obstruct light and ventilation.

Section 10. Visibility at intersections.

No sign, fence wall, hedge, planting or other obstruction to vision, extending to a height in excess of three (3) feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty (20) feet distant from the intersection of the street lines.

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