(A) Building bulk limitations (FAR). Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height, or in terms of floor area ratio (FAR). Structures must comply with the maximum yard requirement and building height or the floor area ratio (FAR) as indicated in the “Schedule of Use Controls” set forth in § 165.023 of this chapter.
(B) Continued conformity. The maintenance of yards, courts and other open space and minimum lot areas legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
(C) Division of zoning lots. No improved zoning lots shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(D) Required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(E) Required yards. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(F) Permitted obstructions. The following shall not be considered to be obstructions when located in the required yards specified:
(1) All yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; arbors and trellises; flag poles; and fences, walls and hedges subject to the applicable height restrictions of this chapter;
(2) Front yards. One-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard;
(3) Rear yards. Enclosed, attached or detached off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard; and
(4) Side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard.
(G) Floor area ratio for certain existing buildings. In all cases where two or more contiguous zoning lots are in common ownership and there was at the adoption date of this chapter an existing building on one of such lots with less than the permitted maximum floor area ratio, the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum permitted floor area ratio of any addition to the existing building to be constructed on the adjoining zoning lot. In the event such existing building was lawfully existing at the date of adoption of this chapter and exceeds the permitted maximum floor area ratio, any addition to the existing building to be constructed on an adjoining lot shall be entitled to the maximum floor area ratio permitted in the district in which it is located.
(Prior Code, § 166.028) (Ord. 2151, passed 6-28-1971)