(A) Purpose. The regulations contained in this section have been created to minimize any adverse impact that subdivisions containing lots-in-depth may have on surrounding properties and existing developments.
(B) Applicability. The regulations contained in this section are applicable only to lot-in-depth subdivisions approved after May 7, 1979, except for the provisions of division (D) below which shall apply to all lots-of-record unless otherwise designated on the plat of subdivision.
(C) In order to provide setbacks as required in division (D)(2) below and still retain a comparable building area as typically exists in standard subdivisions, the following minimum lot area and widths shall be required.
Zoning District | Minimum Lot Area (Sq. Ft.) | Minimum Lot Width (At the Front Building Setback Line) |
R-5 | 130,000 | 250 ft. |
R-4 | 66,000 | 170 ft. |
R-3 | 44,000 | 150 ft. |
R-2 | 23,000 | 150 ft. |
R-1 | 16,250 | 130 ft. |
(D) Yard requirements.
(1) For a lot-in-depth, the minimum front yard setbacks for the zoning district in which the property is located shall be required from all property lines and from the edge of any contiguous access area abutting the lot as measured from the easement line of said access area.
(2) For a front lot within a lot-in-depth subdivision the setbacks shall be as required in the applicable zoning district except that the yard adjacent to the contiguous access area shall also meet the required front yard setback of the applicable zoning district as measured from the easement line of said access area.
(E) Access to lot-in-depth subdivisions.
(1) No more than three lots-in-depth or five total lots may be served by a new private road created by a subdivision approved after May 7, 1979. Approval of the further subdivision of an existing lot-in-depth where the number of lots exceeds the limits established above may be granted under unusual circumstances if it is determined that approval of such subdivision is consistent with the purpose of this section.
(2) In subdivisions containing more than five lots, no lot-in-depth shall be allowed, except as provided in division (E)(1) above, and no oversized lots shall be allowed wherein the lot thus created could only be further subdivided under this section.
(3) The access area shall be part of the lot-in-depth, but said access area shall not be counted as part of the area necessary to satisfy the minimum lot area requirements.
(4) Any portion of a driveway which is used to provide access for more than one lot shall be built in conformance with the standards set forth in the City Engineering and Construction Standards Manual.
(5) In a subdivision containing more than one lot-in-depth:
(a) A named private road within the subdivision shall be used for ingress and egress. Such road shall be built in conformance with the standards set forth in the City Engineering and Construction Standards Manual;
(b) All lots in a lot-in-depth subdivision shall be provided with all necessary easement rights;
(c) All lots-in-depth shall be served from the public street by a single private road; and
(d) Two adjacent lot-in-depth subdivisions, each of which consists of one front lot and one lot-in-depth, may share a single private roadway located in either subdivision or partly on both.
(6) A front lot within a lot-in-depth subdivision shall gain access to the public street from the contiguous private road; provided, however, that upon recommendation of the Plan Commission, the City Council may waive such requirement if it finds that because of the topography of the area, existing development of the property or other unique circumstances such requirement would result in a hardship and waiver of the requirement would not produce adverse effects on adjacent properties, neighborhood or the city. If a waiver is granted and individual access is provided to a lot-in-depth, said access may comply with private driveway standards.
(7) (a) The pavement of a private road or driveway shall be located so as to have minimal impact on adjacent properties and existing vegetation. To provide for the access area necessary to allow for the installation of the required public improvements and pavement and to achieve the desired pavement location, the minimum width of the access area for a new private road or driveway shall be as follows:
Private driveway access area width | 33 ft. |
Private road access area width | 40 ft. |
(b) Further subdivision of an existing lot in a lot-in-depth subdivision where the access area widths do not comply with the widths required above may be granted if it is determined that approval of such subdivision is consistent with the purpose of this section and that sufficient improvements can be made to adequately serve the lots created and protect adjacent property from adverse effects.
(8) No buildings or structures except fences, walls and other similar landscaping materials shall be placed or constructed within the boundary lines of the access area.
(F) Landscape screening.
(1) Landscaping, or other suitable screening, shall be required so as to minimize the visual impact on the surrounding properties and the property being subdivided.
(2) Existing natural vegetation may be used either totally or in part to fulfill the above landscape requirements.
(3) A landscape plan showing existing and planned vegetation and screening, the exact location of the roadway and/or driveway, topography to two-foot intervals, and all nearby improvements on subject and adjoining properties shall be required. Detailed specifications for landscape plan shall be determined by, and the resulting plan submitted to, the Director of Parks, Forestry and Public Works and approved by the Plan Commission.
(Prior Code, § 46-8) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)