§ 255-23. Rear lots.

[Amended 11-14-1989 by Ord. No. 772; 5-11-2004 by Ord. No. 1127; 11-14-2006 by Ord. No. 1174]

No zoning permit shall be issued to construct a structure on any lot unless the width of the lot from the street line to the building line is no less than the minimum required width at the building line . The Board of Commissioners may grant conditional use pursuant to the provisions of Article XXV to construct a structure on a lot which does not meet these width requirements (a rear lot ), provided the following conditions are met:

   A.   There is a direct access from the street to the building line through an open space on the same lot .

   B.   Such open space shall be at least 25 feet wide at the street line and shall extend at no less than that width from the street line to the building line .

   C.   Such open space shall be capable of accommodating pedestrian and vehicular traffic by means of an all-weather paved travel lane.

   D.   The minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street and shall extend the full depth of the building , plus an additional 25 feet.

   E.   Such open space shall be capable of accommodating the construction and use of public utilities, including storm and sanitary sewage facilities.

   F.   The interior of the lot not abutting the street shall be required to connect to sanitary sewer lines when constructed in the street , and the owner shall agree in writing to be subject, following construction , to an assessment for the cost of the sanitary sewer as assessed by the proper authority on the same basis as the lots abutting the aforesaid open space on the street but limited to a frontage not in excess of the width of a lot as defined for a lot in the zoning district in which the open space is located.

   G.   The interior lot shall be at least 10% larger than the size required in the zoning district and, in determining compliance with the requirements of this chapter, the lot area of the open space between the street line and the point on a line drawn radial thereto where the minimum lot width is reached shall not be included, except with respect to those requirements relating to impervious surface .

   H.   A rear lot may not be approved by subdivision unless a conforming lot could otherwise be created. Every application for conditional use to approve a rear lot shall be accompanied by a yield plan sealed by a registered civil engineer showing subdivision of the parcel into conforming lots .

   I.   The Board of Commissioners shall designate which yard will be the front yard of a rear lot .

   J.   The applicant must submit credible evidence satisfactory to the Board of Commissioners that the creation of the rear lot furthers the land use goals and requirements of this chapter and of Chapter 212 of the Upper Dublin Code.