§ 27-147. Residential infill.

Applicability: The residential infill regulations of this subsection apply to the construction and reconstruction of detached houses and the subdivision of land zoned single family:

(1)

Front door threshold elevation.

a.

Replacement of a detached house. The proposed front door threshold elevation for any new detached house may not be more than two feet higher than the front door threshold elevation of the residential structure that existed on the lot prior to demolition (see Figure 9-1). If there was no previous residential structure on the subject lot, or if the lot has been part of an approved subdivision that resulted in the creation of any new lots, then the proposed front door threshold elevation for a new detached house on the lot may not be more than two feet higher than the average elevation of the existing natural grade at the front building line (see Figure 9-2). If the proposed construction would require alteration or eradication of the original threshold, then the original elevation must be measured and certified by a licensed surveyor or engineer.

Figure 9-1: Residential Infill, Maximum Threshold Elevation Based on Previously Existing Threshold

Figure 9-2: Residential Infill, Maximum Threshold Elevation Based on Average Grade Elevation at Front Building Line

b.

Threshold averaging. The community development director is authorized to approve a proposed front door threshold elevation for new detached houses that exceed the threshold elevation allowed by subsection (1)a. if the applicant for a building permit establishes that the elevation of the front door threshold of the proposed residential structure does not exceed the average elevation of the front door thresholds of the residential structures on both lots immediately abutting the subject lot (see Figure 9-3). If any adjacent lot is vacant, the front door threshold shall be calculated using the formula in [subsection] (1)a. above (for lots with no previous residential structure, Figure 9-2). The applicant must provide the community development director with the threshold elevations, as certified by a licensed surveyor or engineer.

Figure 9-3: Residential Infill, Maximum Threshold Elevation Based on Threshold Averaging

c.

Sewer elevation. If an existing dwelling or lot is not connected to county sewer and if the community development director determines that the proposed residence is unable to be connected to county sewer by gravity flow within the allowable front door threshold height provided for in [subsection] (1)a or (1)b above, then the community development director is authorized to approve a maximum three-foot increase in the front door threshold height over and above the threshold elevation allowed by subsection (1)a or (1)b to provide for gravity flow into the existing sewer tap. The community development director's determination must be based on sewer line elevation data and other evidence provided by the applicant and any other pertinent information available to the director.

d.

Topographical conditions. If exceptional topographical restrictions exist on the subject lot that were not created by the owner or applicant, the community development director is authorized to approve a maximum three-foot increase in the front door threshold height over and above the threshold elevation allowed by either subsection (1)a, (1)b, or (1)c above. The applicant must provide a site plan, including topography, certified by an engineer or landscape architect.

(2)

Contextual street setbacks. Detached houses constructed on block faces that are occupied by two or more existing detached houses must comply with the contextual street setback regulations of this subsection.

a.

The street facing façade of a detached house subject to these contextual street setback regulations must be located within the range of street setbacks observed by detached houses that exist on the nearest two lots on both sides of the subject lot.

b.

If one or more of the nearest two lots on both sides of the subject lot is vacant, the vacant lot will be deemed to have a street setback depth equal to the minimum street setback requirement of the subject zoning district.

Figure 9-3[4]: Residential Infill, Contextual Setbacks (1)

c.

Lots with frontage on a different street than the subject lot or that are separated from the subject lot by a street or alley may not be used in determining the street setback range (see Figure 9-4).

Figure 9-4: Residential Infill, Contextual Setbacks (2)

d.

If the subject lot is a corner lot, the street setback range must be determined on the basis of the nearest two lots with frontage on the same street as the subject lot.

e.

If the subject lot abuts a corner lot with frontage on the same street, the street setback range must be determined on the basis of the abutting corner lot and the nearest two lots with frontage on the same street as the subject lot.

f.

These contextual street setback regulations may not be used to reduce the setback of a street-facing garage door to less than 20 feet.

(3)

Contextual lot characteristics. Proposed subdivisions that are adjacent to block faces that are occupied by two or more existing detached houses must comply with the contextual lot characteristic regulations of this subsection in addition to those requirements in chapters 16 and 27.

a.

Minimum lot area shall be determined by calculating the average area of lots that exist on the nearest four lots on both sides of the subject lot.

b.

Minimum lot frontage shall be determined by calculating the average frontage of lots that exist on the nearest four lots on both sides of the subject lot.

c.

Minimum lot width shall be determined by calculating the average width of lots that exist on the nearest four lots on both sides of the subject lot, measured along the building setback line.

d.

Corner lots or lots with multiple street frontages

1.

Area. Minimum lot area shall be determined by calculating the average area of lots that exist on the nearest four lots on both sides of the subject lot for all street frontages.

2.

Frontage. Minimum lot frontage shall be determined by calculating the average frontage of the nearest four lots on the side(s) with frontage on the same street as the subject frontage. An additional 15 feet shall be provided on all frontages above the minimum distance obtained by the average calculation for minimum lot frontage.

3.

Width. Minimum lot width shall be determined by calculating the average width of the nearest four lots on the side(s) with frontage on the same street as the subject width.

e.

Lots with frontage on a different street than the subject lot or that are separated from the subject lot by a street or alley may not be used in determining contextual lot characteristics, except as required for corner lots.

f.

In no circumstance shall the provisions of this subsection reduce any provision required by the base zoning district.

(4)

If existing land is proposed to be subdivided, the reference parcels for the purposes of determining contextual requirements shall be those immediately adjacent to and outside the parcel or group of parcels comprising the subject subdivision. Additionally, upon a determination of the community development director, parcels with the following characteristics shall not be used in calculating contextual street setbacks or lot characteristics. Where practical—the next immediate adjacent parcel meeting the requirements for use as a reference parcel, if any, shall be used for subject calculations:

a.

Unbuildable lots;

b.

Substandard or nonconforming lots;

c.

Unsubdivided property, or meets and bounds lots, which are uncharacteristic of the area and/or significantly exceed one or more of the minimum lot regulations for the zoning district, and/or are large raw undeveloped property which are expected to be the subject of a future subdivision request.

(5)

Building plans. Building plans for a detached house must be submitted for review and approval prior to issuance of a building permit. Plans must contain all information necessary to determine compliance with the building code and this zoning ordinance.

(6)

Exceptions. Exceptions to the requirements of this section 27-147, residential infill, may be requested through the special exception process as outlined in section 27-416. In addition to the review criteria of section 27-421(b), the zoning board of appeals shall also determine that the proposed exception will not be detrimental to or adversely impact adjacent property.

(7)

Determination: The community development director is authorized to determine whether the provisions of the contextual regulations for lot size, width, frontage and setbacks apply to the construction of a single family home on a lot, whether the lot(s) is part of a proposed subdivision or one that was previously recorded. In this capacity, the director may determine whether a proposed subdivision of land is subject to the same regulations. Findings used in this determination shall include, but not be limited to, the following:

Whether the lot(s):

1.

Is significantly different in character and/or contrary to the prevailing orientation of lots outside of the subdivision, (within the immediate surrounding or adjacent area); or

2.

Creates multiple new lots or lot/block configurations which create a different context; or

3.

Creates new streets and alignments of lots; or

4.

Alters other characteristics of the property such that the lot(s) represent a different context, are altered visually or physically from the characteristics of the adjacent/previous neighborhood and such conditions render the application of the contextual regulations for lot size, width, frontage, and setback impractical, unreasonable, or unwarranted.

The owners of property adjacent to the subject lot(s) will be notified of and may appeal the decision of the community development director per article V of this chapter.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-9.170), 10-14-2013; Ord. No. 2015-01-05, § 1, 1-26-2015; Ord. No. 2017-04-07, § 2, 4-11-2017)