§ 83-531. Measurement, exceptions, and variations of intensity and dimensional standards.

(a)

Measurement.

(1)

Lot area. Lot area shall be determined by measuring the total horizontal land area (in acres or square feet) within the lot lines of the lot—excluding any area within existing or proposed public street rights-of-way or private road easements and excluding any area within a Floodplain Overlay District.

(2)

Lot width. Lot width shall be determined by measuring the horizontal distance along a line delineating the minimum front yard depth applicable to the lot, between its intersections with the side lot lines. For lots with more than one front yard, lot width is measured along the front yard that has the shorter street frontage.

(3)

Density (dwelling units per acre).

a.

Density (expressed as dwelling units per acre) shall be determined by dividing the total number of dwelling units located or proposed on a lot by the lot area (see subsection (1) above). If lot area is measured in square feet, that result shall be multiplied by 43,560. For purposes of determining maximum density, an accessory dwelling unit shall be considered to be a half dwelling unit.

b.

Maximum density standards apply only to development comprised of dwelling uses (e.g., household living uses). For a mixed-use development containing dwelling units and nonresidential or non-dwelling principal uses, density shall be determined by dividing the total number of dwelling units located or proposed on the lot by that portion of the lot area allocated to the dwelling uses (and not allocated to nonresidential or non-dwelling uses).

(4)

Floor area ratio. Floor area ratio shall be determined by measuring the gross floor area (in square feet) devoted to nonresidential and non-dwelling uses on all floors of all buildings located or proposed on a lot by the lot area (in square feet) (see subsection (1) above).

(5)

Lot coverage. Lot coverage (expressed as a percentage of lot area) shall be determined by measuring the total horizontal land area (in square feet) covered by all principal and accessory structures on the lot, dividing that coverage area by the lot area (see subsection (1) above), and multiplying the result by 100.

(6)

Structure height. The height of a structure shall be determined by measuring the vertical distance from the average elevation of the existing finished grade at the front of the structure to the top of the roof for a flat roof, to the deck line for a mansard roof, or to the mean height between eaves and ridge for a gable, hip, cone, gambrel, or shed roof.

(7)

Yard depth.

a.

Generally. Front, side, and rear yard depths on a lot shall be determined by measuring the horizontal distance along a straight line extending at a right angle from the lot's front, side, or rear lot line (as appropriate) to the foundation of the nearest structure on the lot. (See figure 83-531(a)(7)a.: Lot shapes and yards) Allowable encroachments into required yards shall be ignored when measuring yard depths (see section 83-531(b)(5), Allowable encroachment into required yards).

b.

Front yard depth.

1.

Corner lot.

i.

On a corner lot, the front yard depth shall be measured—and the minimum front yard depth requirement applied—from each of the street-fronting lot lines.

ii.

On a corner lot where the intersecting right-of-way boundaries are defined by a radius, the front yard depths shall be measured—and the minimum front yard depth requirement applied—from one street-fronting lot line as extended to form an intersecting angle with an extension of the other street-fronting lot line.

2.

Through lot. On a through lot, the front yard depth shall be measured—and the minimum front yard depth requirement applied—from each of the parallel or nearly parallel street-fronting lot lines.

3.

Flag lot. On a flag lot, the front yard depth shall be measured—and the minimum front yard depth applied—within the "flag" portion of the lot, from the lot line delineating the base of that portion. (See figure 83-531(a)(7)b.3. Flag lot front yard.)

4.

Measured from future street right-of-way. Where county-adopted plans call for the future widening of the street right-of-way abutting a lot and identify the future right-of-way boundary (e.g., by delineating the boundary or establishing its distance from the street's centerline), the front yard depth shall be measured—and the minimum front yard depth applied—from the future right-of-way boundary. (See figure 83-531(a)(7)b.4.: Front yard abutting future right-of-way.)

(b)

Exceptions and variations.

(1)

Reduction of minimum lot area or width to block face average. If the average area or width of existing lots located on the same block face and in the same zoning district is less than the minimum lot area or minimum lot width (as appropriate) applied to a lot by the standards in articles III, IV, V and VI (zoning districts), the minimum lot area or minimum lot width (as appropriate) applicable to the lot shall be reduced to such average.

(2)

Reduction of minimum yard depths to block face average. If the average front, side, or rear yard depth on improved lots located on the same block face and in the same zoning district is less than the front, side, or rear yard depth (as appropriate) applied to a lot by the standards in articles III, IV, V and VI (zoning districts), the minimum front, side, or rear yard depth (as appropriate) applicable to the lot shall be reduced to such average.

(3)

Exceptions to maximum structure height. The maximum structure height limits established in articles III, IV, V and VI (zoning districts), shall not apply to the following structures or structural elements:

a.

Monuments, water towers, silos, granaries, barns, utility transmission towers, derricks, cooling towers, fire towers, and other similar structures not intended for human occupancy.

b.

Spires, belfries, cupolas, domes, chimneys, elevator shaft enclosures, ventilators, skylights, mechanical equipment and appurtenances, and similar rooftop structures or structural elements not intended for human occupancy, provided they:

1.

Cover not more than 25 percent of the roof area of the structure to which they are attached;

2.

Comply with applicable screening requirements for mechanical equipment and appurtenances in section 83-465, Screening; and

3.

Extend above the applicable maximum height limit by no more than 25 percent of the height limit (unless otherwise allowed in this Code).

c.

Ham radio antennas, roof-mounted satellite dishes, and television or radio antennas, provided they comply with height limits established for the specific use in Article VII, division B, Standards for accessory uses and structures.

d.

Roof-mounted solar energy collection systems, in accordance with the height standards in Article VII, division B, Standards for accessory uses and structures.

e.

Small wind energy systems, in accordance with the height standards in Article VII, division B, Standards for accessory uses and structures.

(4)

Reduced front yard depth for certain residential corner lots. If a residential lot has two or more corners at intersecting streets, the minimum front yard depth shall be applied from the two street-fronting lot lines intersecting at one corner, as chosen by the administrator. Upon request, the minimum front yard depth along other street-fronting lot lines forming other corners may be reduced to one half the minimum front yard depth normally required.

(5)

Allowable encroachment into required yards. Every part of every required yard shall remain open and unobstructed from the ground to the sky except as otherwise allowed in table 83-531(b)(5), Allowable encroachments into required yards, or allowed or limited by provisions in Article VII: Use Standards, Article VIII: Development Standards, or elsewhere in this Code. (See figure 83-531(b)(2): Allowable encroachment into required yards.)

Table 83-531(b)(5): Allowable Encroachments into Required Yards
Feature	Extent and Limitations of Encroachment
1. Open balconies, fire escapes, or exterior stairways	May extend up to ten feet into any required minimum yard, but not nearer to any lot line than a distance of five feet.
2. Moveable awnings	May extend up to ten feet into any required minimum yard, but not nearer to any lot line than a distance of two feet.
3. Bay windows, chimneys, or fireplaces	May extend up to three feet into any required minimum yard, but not nearer to any lot line than a distance of five feet, if no more than ten feet wide.
4. Roof eaves and overhangs, or marquees	May extend up to three feet into any required minimum yard.
5. Sills or entablatures	May extend up to 12 inches onto any required minimum yard
6. Uncovered porches, stoops, decks, patios, or terraces	May extend into or be located in any required minimum yard if less than 12 inches high, but not nearer to any side or rear lot line than a distance of three feet. If greater than 12 inches high, may extend up to ten feet into any required minimum yard, but not nearer to any lot line than a distance of five feet.
7. Uncovered walkways	May extend into or be located in any required minimum yard if less than 12 inches high.
8. Covered porches, stoops, decks, patios, terraces, or walkways attached to principal structure and open on three sides	May extend up to ten feet into any required minimum yard, but not nearer to any lot line than a distance of five feet.
9. Signs, projecting or free-standing	May extend into or be located in any required minimum yard in accordance with section 83-488, Signage.
10. Carports or garages, attached or detached	May not encroach into required yards.
11. Flagpoles	May be located in any required yard if set back from any lot line by a distance equal to the flagpole height.
12. Lighting fixtures, projecting or free-standing	May be located in any required yard if less than 20 feet high, subject to the limitations in section 83-469, Exterior Lighting.
13. Fences or walls	May be located in any required minimum yard, subject to the limitations in section 83-466, Fences and Walls.
14. Accessory Structures other than those listed above	May be located in a required minimum side or rear yard, subject to the limitations in article VII, division 2, Standards for Accessory Uses and Structures.
15. Vegetation and landscaping features such as retaining walls, fountains, ponds, and similar landscaping features	May be located in any required yard.

 

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2018-01, 3-26-18)

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2018-01, 3-26-18)