A. Minimum Lot Size: Minimum lot size requirement in the City shall be fourteen thousand five hundred twenty (14,520) square feet. All buildable lots must have one hundred feet (100') of road frontage on a public street unless approved by the City as provided in section 10-5-2 of this Code. Furthermore, all lots shall be a minimum of fifty feet (50') wide unless subsection A3 of this section applies.
1. Lots which do not meet the minimum standards set forth above, which are existing legal lots at the time of the effective date of this section are authorized as legal lots. For purposes of this section a legal lot is a lot which has been previously platted or otherwise approved by the City.
2. A lot shall not be separated from a larger parcel if the result is a lot which does not meet the requirements of this subsection.
3. Lot lines of adjoining lots may be changed to adjust, between said lots, areas that are designated easements or vacated or abandoned streets and roadways so long as the adjustment does not make an existing structure more nonconforming, is in character with other lots and parcels in the neighborhood, and is not otherwise detrimental to the public. The lots resulting from said lot line adjustment may be less than fourteen thousand five hundred twenty (14,520) square feet in size. (Ord. 288, 9-18-2018)
B. Minimum Area: No buildings shall hereafter be erected for human occupancy containing less than one thousand two hundred (1,200) square feet of enclosed area exclusive of garages and accessory buildings.
C. Building Height: The maximum building height of any structure shall be thirty two feet (32'). (Ord. 150, 7-7-1998)
D. Setbacks: See subsection 9-1-5A of this title. (Ord. 186, 1-7-2003)
E. Alternative Setback And Height Requirements:
1. Generally: The City Council may apply alternative setback and height requirements to buildings in the City of Hayden Lake without reference to the standards of section 9-7-1 or subsection 9-7-3D of this title, if after a duly noticed public hearing, the Council finds that the requirements of subsections E4 and/or E5 of this section are met.
2. Limitations: The approach authorized under this subsection shall not be used to grant relief to setback or height requirements of more than fifty percent (50%) of the dimension of the required setback or height. Requests for greater relief to requirements must be processed as a variance and comply with the legal standards for variances. (Ord. 256, 2-19-2013)
4. General Standards For Alternative Setbacks:
a. The proposed construction within the alternative setback area will not be a blatant departure from the established pattern of development on residential lots in the same neighborhood;
b. The proposed construction within the alternative setback area will not materially affect any neighboring residential landowner's reasonable expectation of peace and quiet enjoyment of their property;
c. The proposed construction does not interfere with planned expansion of right-of-way, and if right-of-way expansion is planned, the encroachment is evaluated as if the right-of-way has been expanded;
d. The proposed construction does not result in interference with a utility or access easement;
e. The proposed construction does not materially impede emergency access to the building;
f. Drainage onto abutting properties, rights-of-way, and surface waters is not significantly altered, and drainage patterns are not substantially changed (when compared to the condition before the proposed development); or drainage is improved through the use of upgraded and/or new BMPs;
g. The proposed construction does not result in a nonconformity with respect to the Building Code (e.g., required fire ratings for exterior walls due to building spacing) on either the lot proposed for development or abutting properties;
h. If the parcel that abuts the improvement is used for residential purposes, the proposed construction is built to building code standards that would allow construction of the abutting lot to be built to the same building code standard along the same setback line;
i. The proposed construction does not reduce the area provided for parking to fewer spaces than required by this code;
j. The proposed construction within the area of the alternative setback will not result in an unsafe condition on any abutting public or private road or shared driveway (e.g., by creating a visual obstruction); and
k. Sightlines along the abutting roads will be unchanged or will be adequate to allow for safe traffic flow during vehicular movements into and out of the lot.
5. General Standards For Alternative Height Requirements:
a. The proposed construction within the alternative setback area will not be a blatant departure from the established pattern of development on residential lots in the same neighborhood;
b. The proposed construction within the alternative setback area will not materially affect any neighboring residential landowner's reasonable expectation of peace and quiet enjoyment of their property;
c. The proposed construction will not result in greater restrictions or increased costs to develop on any neighboring property;
d. The proposed construction will not result in an unsafe condition on any abutting public or private road or shared driveway (e.g., by creating a visual obstruction); and
e. Sightlines along the abutting roads will be unchanged or will be adequate to allow for safe traffic flow during vehicular movements into and out of the lot.
6. Conditions Of Approval: Conditions may be attached to a request that is granted pursuant to this subsection which are reasonably related to assuring compliance with the standards set forth above. (Ord. 256, 2-19-2013)