Loading...
HomeMy WebLinkAbout10112012 ZPC Agenda Item 3 AGENDA ITEM NUMBER 3 • 9-13-12 Agenda Item Through Lots and Fences and Fence-Like Hedges Table 7-2: Yards General Rule: No part of any structure may be located within a p •q (or 'setbacks') a building site included within a yard defined, by District, in thi be'. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) Structures may be located in yards to the extent allowed by the Projections Schedule. (2) See special rules noted in table. (3) See PDD Schedules for Planned Development Districts. (4) See additional setbacks in the PWSF Schedule. Item Measurement SF-1 SF-2 SF-3 TH GR- GR- C 1 2 Front yard Distance from 20 feet if the building site depth is 110 feet or 10 ft. 20 ft. 30 front street line. less; 25 feet if the building site depth is more See See Note ft. than 110 feet but not more than 125 feet; 30 Note 7 See feet if the building site depth is more than 125 7. Note feet. See Note 5. 5 Interior Distance from Greater of 10% of building site width or 5 feet. 5 ft. See Note 4. 5 ft. side yard side property line See Note 2. See Note 7. See (each side). Note 4. Street side Distance from Greater of 10% of building site Greater of 10% 10 ft. See Note 15 yard side street line. width or 5 ft. See Notes 2, 3, of building site 7. ft. 6. width or 5 feet. See Notes 2, 6. Rear yard Distance from 20 ft. See Note 1. 20 ft. 5 ft. See 5 ft. rear property See Note 7. line. Note 7. SF Distance from N/A N/A N/A 20 ft. See Note 10 Bufferyard nearest part of 7. ft. an SF District a.Through lot(or rear through lot). Any lot that connects two generally parallel streets and is adjacent to more than one interior lot on the same side. b."Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Types of lots and their definitions are as follows: 1."Corner lot" means a lot abutting two streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the lot is an "interior lot." 2."Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. 9-13-12 Agenda Item Through Lots and Fences and Fence-Like Hedges 3."Interior lot" means a lot abutting only one street or abutting two streets which intersect at angle greater than one hundred thirty-five degrees. 4."Key lot" means a lot with a side lot line that abuts the rear lot line of one or more a'4 � g lots. 5."Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot. 6."Through lot" means a lot with frontage on two parallel or approximately parallel streets. c. Throough lot: A lot (with the exception of a corner lot) that has frontage on two public streets. d. A side yard lot is a conforming building site that shares a front and side property line with another conforming building site. Note 1. "Through lots."If a building site extends all the way through a block,so that the front and rear both abut a street area, there is no rear yard,but the site is treated as if there were two front yards,each with the same depth as the average front yard on the same side of the block. Note 2.Narrow Site "3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following criteria:(A) The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2)Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7-5a regarding"alternating driveway"rule. Note 3. Rotated Corners.For rotated corner building sites(SF-1 District only),the minimum side street yard width is:(i)10 feet if the building site width is 65 feet or less,(ii)10 feet plus the distance by which the width of the building site exceed 65 feet,if the building site width is more than 65 feet but less than 75 feet,(iii)20 feet if the building site width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth,except that the"depth"of the building site is measured from the side street line. Note 4. Common Walls.In the TH,GR-2 and C District,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS. 9-13-12 Agenda Item Through Lots and Fences and Fence-Like Hedges Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a malt 4 thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the practicable amount of pervious area in the front yard. Note 6. Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Table 7-6. Projections Schedule, cont. Type Of Structure Maximum Allowed Projection (In Inches), Measured Special Rules For From The Inside Edge Of The Yard. Calculating Open It Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit No limit The area may Accessory goals generally, count as both open Structures but see Note area and pervious 7. area. Playground 0 No limit 0 No limit The area may equipment count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0, but see No limit No limit, but No limit The area does not Notes 8.1, see Notes count as either 8.2, and 12. 8.1, 8.2 and open or pervious 11. area. Swimming 0 0, but see 0, but see No limit The area counts as pools Note 9 Note 9. open area. Only the water area counts as pervious area. Tennis courts 0 0 0 No limit The area counts as (with open area but not associated pervious area screens) (unless the area is made of grass). Lights and No limit No limit No limit No limit The area may lampposts generally, generally, generally, generally, count as both open but see but see but see Note but see Note area and pervious Note 10. Note 10. 10. 10. area. Gate closers 24 No limit No limit No limit The area may count as both open area and pervious area. Signs (see No limit 0 0 0 The area does not 9-13-12 Agenda Item Through Lots and Fences and Fence-Like Hedges Code of count as Ordinances) open or p ous area. Note 8.1 Fences.Fences may project into front and side yards to the extent expressly required or authorized by City ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances :1.' - -:- - - -- - •e•- -.e• e-•e --• •-• : - --e-;provisions in PDD schedules for front fences). Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18) and(ii)restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82).In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or white pickets. Note 8.2.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all side yard lots and roar through lots.Visibility triangles and visibility areas,as defined by this Ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 11. Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site(SF-1 District),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 12.Front Fences in Townhouse Districts.On a building site in a townhouse district(including the TH and PDD-TH districts),there may be fences in the front yard,but not higher than seven feet and not closer than five feet to the front street line.More permissive provisions elsewhere may also apply. Chapter 18 Code of Ordinances Fencing Regulations. Sec. 18-202. - Prohibition in front or side. (a) Prohibition. No fence may be constructed, improved or structurally altered in the front potion yard (setback) of any building site. Exceptions: this restriction does not apply to low retaining walls, institutional security fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be located in the front potion-yard (setback) of a building site by this Code or the zoning ordinance. In this article: (1)Front portion mgans the - a of a building site extending from the front street lino street right of way. The trent main wall is the front of the building exclusive of any porch or entranceway. (b) Rotated corner lots. This subsection only applies to a corner lot carved out of a larger corner site originally established by the first plat or map of the subdivision in question, where the front street line of the corner lot is on a different street from the street where the larger corner site had its front street line. On such a corner lot, no fence may be constructed, 9-13-12 Agenda Item Through Lots and Fences and Fence-Like Hedges improved or structurally altered along the side street line of the corner lot (this would h- o. VIII' been the front street line of the original larger corner site) unless the fence is set b. - ., the side street by at least one of the following two distances: (1) A distance equal to the depth of the front setback area of any adjacent building site which has a front setback area abutting the side street; or (2) A distance equal to the depth of the side setback area of the corner lot, measured from the side street. If the BSC is requested to issue a variance to permit a fence on the corner lot closer to the side street than prescribed above, and if a petition signed by 20 percent or more of the persons owning property along the side street within 200 feet of the rear lot line of the corner lot (and on the same side of the side street) is presented to the BSC before it acts on the request, the requested variances shall not take effect unless approved by all members of the BSC qualified and serving. Under no circumstances, with or without a variance, is a fence allowed within five feet of the side street line. Sec. 18-211. - Fences on vacant Tots.-- Any fence construction or reconstruction on a site on which no building is located shall be constructed to comply with all of the setback requirements which apply to the location of a residence on such site. No building permit shall be issued for construction of improvements on a vacant lot, if there is a fence which does not meet all requirements of this Code. Figure 11 2EA2 LOT LINE—1 _____;.)..... ._. _ . y t--7.1..._ air -K , rn >I CS a to, I 7 _I_ _ �o C3 r FtZONT LOT LINE—t C -17. a S T REET „ n A _ _ t k. Yards: The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein: (1) Front Yard: Is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building. (2)Rear Yard: Is an open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. (3) Side Yard: Is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. 1 Figure 12 VSR‘ 041/4 Lot Types i. _--- _ . __ - f ! B B , B 8 A(i) B B A C — — — BD AO) B B e I { A—° B ���______, B B B � — ! N i B A 400.20. Lot types 400.201. Corner lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot (or an extension of the lot where it has been rounded by a street radius) at an interior angle of less than 135 degrees. See lots marked A(1) in lot types diagram. 400.202. Interior lot: A lot other than a corner lot with only one frontage on a street other than an alley. See lots marked B in lot types diagram. 400.203. Through lot: A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as double frontage lots. See lot marked C in lot types diagram. 400.204. Reversed frontage lot: A lot which is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot (A-D and B-D) in diagram, or even, in rare cases, a through lot (not illustrated). I�' i Figure 13 c% Yards on Rectangular Lots V V t / O /:/,":"..e4,40•-/", y f 11 J1f a d .e :e ra '$ A. :'di/ : i ff ., r „ P,i, . f( / 1 FRONT YARD El ILLUSTRATION ASSUMES 30 FOOT SIDE YARD FRONT TARO DEM,ID FOOT SIDE �l/ .. YARD %MDTH, 10 FOor RCM 'AUO REAR YARD ( 400.311. Front: A yard extending between side lot lines across the front of a lot . . . In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required pattern shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. 400.312. Side: A yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots, the yards remaining after full and half-depth front yards have been established shall be considered to be side yards. 400.313. Rear: A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yard. #i4C Figure 14 1111110FV‘ STREET REVERSE f CORDER LOT KEY LOT 1 r; THROUGH LOT INTERIOR LOT CORNER �. SLOT STREET Two other examples showing differences between lot types in one diagram are depicted in Figures 14 and 15. In the Kern County, California,'` illustration (Figure 14), the lots are labeled by name rather than number, while the Des Moines, Iowa, ordinance" shows the lots in perspective (Figure 15). Figure 15 INTERIOR LOT '_—T 404 -----._.._----�- T-- -- _ _,--------z--, CORNER LOT 404 -l REVERSED CORNER N : LOTS D:u: E iRONTAGE -- �,sQ-`<s`" LOT � EXAMPLE OF LOT TYPES (See Section 2A-S) Other diagrams used to clarify related zoning definitions are found in the St. Clair County, Michigan, model zoning ordinance.14 Two kinds of distinctions are made. Figure 16 clarifies several terms related because they describe the parts of a structure. Figure 17 clarifies several terms related because they stem from the same generic term, in this case, dwellings.