(a) No area which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building. In any Residential District, the front and rear yard requirements of a double frontage lot shall be the same as prescribed for any single lot in the zone wherein the double frontage lot is located.
(b) No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this Zoning Code. If already less than the minimum requirements of this Zoning Code, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this Zoning Code. Lots or yards created after the effective date of this chapter shall comply with the requirements of this chapter.
(c) In determining whether or not the minimum open space requirements of this Zoning Code have been met, the Building Superintendent shall consider and count any area of land owned by the developer adjacent to the property for which plans for the development of a building have been submitted to the Superintendent, which land lies between the outside edge of an easement for a Wayne County drain and the centerline of the drain proper. If the parcel to be so developed is dissected by any such drain, the Superintendent shall consider and count the entire area affected by the easement of the drain, provided that such surface area shall not be utilized for permanent structures or any other improvements of the drain and provided, further, that in no event shall the area lying within any such drain easement be considered or counted for more than twenty percent (20%) of the total minimum open space requirement of this Zoning Code.
(Res. 98-340A. Passed 9-21-98.)