(A) Lot area. Where a lot of record at the time of the effective date of this chapter has less area than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling.
(B) Reducing size of lots in new subdivisions.
(1) The area of lots in new single-family developments may be reduced in conformance with the following requirements:
(a) The maximum number of lots that can be created by a subdivision for single-family residential purposes within a single-family residence district or districts shall be computed by subdividing 15% of the total area being subdivided for street right- of-way and dividing the remaining area by the minimum lot area requirements or the single-family district of districts within which the new subdivision is located. This method shall apply regardless of the amount of land actually required for street right-of- way and regardless of the amount of land, if any, to be set aside for common use.
(b) Common land for open space or recreation use within any subdivision which can accommodate a minimum of 25 or more lots may be set aside for use by the owners of residential lots or some of the lot sizes in the subdivision may be reduced below the normal requirements of the district so that other lots can be enlarged, but the maximum number of lots to be created shall be determined as set out in division (B)(1)(a) above, and the area and frontage of any lot that is reduced beyond the normal requirements of the district shall not be less than the following minimum standards as shown in the following table.
District | Normal Lot Area | Minimum Lot Area | Frontage |
RA | One Acre | One-half Acre | 130 ft. |
R1 | 10,000 sq. ft. | 7,500 sq. ft. | 60 ft. |
R2 | 7,500 sq. ft. | 5,000 sq. ft. (at least 2 stor.) | 40 ft. |
R3 | 7,500 sq. ft. | 5,000 sq. ft. (at least 2 stor.) | 40 ft. |
(c) The location, extent and purpose of common land proposed to be set aside for open space or recreational use within any subdivision must be reviewed and approved by the Albany Plan Commission before the provision of division (B)(1)(b) above shall apply. A private recreation use, such as a golf course or swimming pool which use is reserved to owners or occupants of lots located within the development may qualify as common land as well as historic buildings or sites, parkway areas and ornamental parks. Agricultural land, low land along streams, or areas of rough terrain may also be included when such areas are extensive, continuous and have natural features worth preserving.
(d) The maintenance of common land for open space or recreation use shall be guaranteed by trust agreement, approved by an attorney selected by the Plan Commission. Such common land shall be set aside by deed restrictions for a minimum period of 20 years.
(2) All of the above exceptions shall be subject to the approval of the Albany Plan Commission exercised through their review of preliminary and final subdivision plats. The Commission shall consider the topography, tree cover and other natural features of the site, as well as the standards of this chapter and recognized principles of landscape architecture and land use planning in administering these exceptions.
(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)