§ 33-7. Minimum lot areas and yards.  


Latest version.
  • (a)

    Septic tanks in rear yards. Unless the plumbing system of the residential building on such lot is connected to a sanitary sewer other than septic tank with field drains, every lot used for residential purposes in any district shall have a rear yard with an area of at least twenty-five (25) percent of the total lot area, provided that sufficient rear lot area required to care for a septic tank drain field shall not be occupied by an accessory building or other structure.

    (b)

    Lot frontage in RU Districts; lot area exceptions for certain lots recorded prior to August 2, 1938. No building shall be erected or used as a residence in any RU District unless it is erected on a lot having the minimum frontage and square feet of land area required by the applicable zoning classification, unless the lesser frontage and square foot area thereof was caused by a conveyance or device of record prior to August 2, 1938, or by a platting of an unrevoked subdivision recorded prior to August 2, 1938, in which case the same may only be used:

    (1)

    For single-family residential use, providing the same complies with the following conditions and restrictions:

    a.

    The lot is zoned RU-1, RU-2, RU-3 or RU-3B, and

    b.

    The lot is not less than fifty (50) feet in width, and has a total square foot area of not less than five thousand (5,000) square feet, or is a combination of two (2) or more lots totaling the same in width and in square foot area, or

    c.

    The lot is not less than thirty-five (35) feet in width, and has a total square foot area of not less than three thousand seven hundred fifty (3,750) square feet; provided it is at least the same width and depth as the other lots in use in the same subdivision; and provided further, the residence does not exceed one (1) story and does not cover more than thirty (30) percent of the total lot area. Two (2) or more lots may be combined to provide such a lot, subject to the same provisions.

    (2)

    For duplex use (two-family residential dwelling), providing the same complies with the following conditions:

    a.

    The lot is zoned RU-2, RU-3, or RU-3B, and

    b.

    The lot is not less than (40) feet in width and contains at least five thousand five hundred fifty (5,550) square feet of lot area. Two or more lots may be combined to provide such a lot, subject to the same provisions.

    (c)

    Business lots in new subdivisions. Lots in all new subdivisions which are to be zoned for business shall have a width of not less than fifty (50) feet except on corners where two (2) highways intersect. Corner lots shall have a frontage of not less than seventy-five (75) feet on each highway and not less than seven thousand five hundred (7,500) square feet of area. Lots having an area of less than seven thousand five hundred (7,500) square feet shall be plat and deed restricted against residential use.

    (d)

    Subdivision of land. No lot or portion thereof shall be separated for a new use which would reduce the lot area or width required for an existing use below the minimum required by this chapter. Nor shall a lot or portion thereof be separated below the minimum standards required by the applicable zone classification.

    (e)

    Resubdividing or refacing of lots. No land contained in a platted subdivision, whether or not the same is described by lot, tract or parcel, or has reverted to acreage, shall be resubdivided or refaced if, in the opinion of the Director, the same would be incompatible with or detrimental to the surrounding area or neighborhood. In making his determination he shall take into consideration the effect such would have on such area and neighborhood when considering the following:

    (1)

    Whether or not through lots would be established, and their effect on adjacent property;

    (2)

    Whether or not the character of the neighborhood would be changed;

    (3)

    Whether or not the width or area of the lots would be less than those existing;

    (4)

    Whether or not the front, side, or rear yards, or setbacks would be compatible with the remaining area or neighborhood, or change the yards or setbacks on immediately adjacent property;

    (5)

    Whether or not such would detrimentally increase the density of population or traffic.

    If the said Director is in doubt, he will not permit such resubdivision or refacing unless the same is approved after public hearing.

(Ord. No. 57-19, § 5(D), 10-22-57; Ord. No. 63-55, § 1, 11-26-63; Ord. No. 64-12, § 1, 4-21-64; Ord. No. 91-119, § 1, 10-1-91; Ord. No. 95-135, § 4, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 06-126, § 1, 9-12-06)

Cross reference

Table of minimum width, area of lot, maximum lot coverage and minimum building sizes, § 33-49.