§ 45-3128. Modifications of use and dimensional regulations.

(a)

Applicability of regulations generally. The special modifications of use and dimensional regulations set forth in this article and table 31-1 shall apply to residential uses only and in such cases shall be limited to those uses which are permitted in the general zoning district in which the use is located. The regulations cover lots of record in the specific cases enumerated.

(b)

Modifications of residential use regulations.

(1)

Single-family detached dwellings, including dwellings with zero lot lines, may be constructed or reconstructed on a lot of record having a width of not less than twenty-five (25) feet provided neither of the abutting lots on each side of such lot are held in the same ownership at the time of passage of this article provided:

a.

The open lot area on each lot is not less than two-thirds ( 2/3 ) of the total lot area.

b.

The development complies with the provisions of section 45-507.

(2)

Two-family attached dwellings may be constructed on two (2) contiguous twenty-five (25) foot lots fronting on the same street provided:

a.

The dwelling units are attached vertically and constructed simultaneously as an integral unit.

b.

The combined width of all required side yards for each lot be provided on the detached side of each unit.

c.

The common vertical wall of the two (2) dwellings is constructed on the common property line.

d.

The open lot area on each lot is not less than two-thirds ( 2/3 ) of the total lot area.

e.

One (1) story, two (2) family dwellings shall not be permitted.

(3)

Multiple dwelling projects shall be permitted within the neighborhood conservation district in conformity with the requirements of the district in which the use is otherwise located. However, when multiple family dwellings and/or single family attached dwellings provide rear parking by a public or private alleyway the building setbacks may be established based on a submitted development plan in accordance with the established building setback patterns consistent with pre-existing multiple family dwellings and/or single family attached dwellings within the same block or surrounding blocks.

(c)

Modifications to lot area and dimensional regulations within the neighborhood conservation district.

(1)

The minimum area and dimensional regulations for single-family, two (2) family and townhouse dwelling uses are hereby modified within the NC district as set forth in the following table 31-1. Front yard modifications are permitted as provided in article XXVIII.

(2)

Planned residential developments such as are authorized under article XV may be modified with the neighborhood conservation district as follows:

a.

Any parcel consisting of twenty-five (25) foot lots of record and comprising not less than twenty thousand (20,000) square feet may be proposed as a planned residential development.

b.

Within such modified PRD, all provisions and procedures of articles XV and XXXII shall apply except the minimum area required for a PRD may be reduced to twenty thousand (20,000) square feet and the minimum area per dwelling unit within such development may be reduced from four thousand (4,000) square feet to two thousand five hundred (2,500) square feet.

It is the intent of this provision to promote the construction of townhouses or other dwelling types within this district. The restriction of constructing each dwelling unit physically on an existing lot of record shall not apply in these situations provided the development is established under the requirements of a planned residential development, specifically with respect to the management of the land as common property by a homeowners association.

(d)

Modifications to transitional buffer requirements. Transitional buffer areas as established in section 45-2802(e) of this article shall not be required within the neighborhood conservation district when multiple family zoning districts abut single family zoning districts and when P1 Park districts abut residential zoning districts.

TABLE 31-1 TABLE OF MODIFICATIONS TO LOT AREA AND DIMENSIONAL REGULATIONS FOR DWELLINGS IN THE NEIGHBORHOOD CONSERVATION DISTRICT
Residential Use	Minimum Lot Area Required	Minimum Width of Corner Lots	Minimum Width of Interior Lot	Minimum Open Lot Area Per Dwelling	Minimum Yard Front	Minimum Yard Side	Rear	Minimum Number of Stories for Dwelling Buildings
Detached single-family dwelling on single 25-foot lot where abutting lot on each side is in separate ownership	2,500 square feet	25 feet	25 feet	2/3 lot area	10 feet	5 feet	20 feet	2
Detached single-family dwelling	5,000square feet	50 feet	50 feet	0	10 feet	5 feet	20 feet	1
Two-family dwelling attached by common outside wall at property line	10,000 square feet	50 feet	50 feet	2/3 lot area	10 feet	5 feet	20 feet	2

 

(Ord. No. 5028-97, § 1; Ord. No. 5272-99; Ord. No. 6571-09; Ord. No. 6721-10; Ord. No. 7024-14)

(Ord. No. 5028-97, § 1; Ord. No. 5272-99; Ord. No. 6571-09; Ord. No. 6721-10; Ord. No. 7024-14)