Chapter 9.36 LOT AREA AND WIDTH PROVISIONS

Chapter 9.36
LOT AREA AND WIDTH PROVISIONS

Sections:

9.36.010 Required area.

A. Subdivisions. “Required area” shall mean the area of a lot or parcel of land shown as a part of a subdivision for purposes of sale when recorded as a final map or on file as a record of survey map approved as provided in the Subdivision Map Act or the code of the city.

B. Preexisting Lots. Where a person, who neither owns nor has a right of possession to any contiguous parcel of land, has the right of possession to a lot or parcel of land by virtue of a duly recorded deed or contract of sale, “required area” shall mean the area of said lot or parcel of land; provided, that the deed or contract of sale, by which such right of possession was separated, has been recorded prior to the adoption of the ordinance codified in this title, any previous ordinance or any subsequent ordinance imposing area requirements on said lot or parcel of land.

C. Parcel of Land Divided by Boundary Lines. Where a parcel of land, which would otherwise have been shown as one lot, is divided into two or more lots because of a city boundary line, “required area” shall mean the total area of said parcel of land.

D. Land Division Under Land Title Law. Where a parcel of land, which would otherwise have been shown as one lot, is divided into two or more lots because of a line drawn between land the title to which was registered under the land title law (Torrens Title) and land the title to which was not so registered, “required area” shall mean the total area of said parcel of land.

E. Easements on Required Area. A lot or parcel of land subject to a street or highway easement or other public or private easement where the owner of the servient tenement does not have the right to use the entire surface area of the lot or parcel of land may be accepted as having the required area as indicated by the zoning symbol; provided, that the required area for said lot or parcel of land is one acre or more and the area covered by any such easement includes not more than 10 percent of the required area indicated by the zoning symbol, but in no event shall the area not subject to such easement be less than 40,000 square feet.

F. Corner Cut-Off Areas. A corner lot or parcel of land subject to a street or highway easement for a corner cut-off, where the owner of the servient tenement does not have the right to use the entire surface area of the lot or parcel of land, shall be considered to have the required area as indicated by the zoning symbol; provided, that the required area for said lot or parcel of land is less than one acre and the area included in the corner cut-off does not exceed five percent of the required area indicated by the zoning symbol.

G. Increased Area Required. Where, in this title, a particular use is permitted only when established on a lot or parcel of land having an actual area greater than the area indicated as required by the zoning designation, then such higher requirements shall prevail for the lot or parcel of land upon which such use is located.

H. Creation of a Lot or Parcel Having Less Than Required Area. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such conveyance the area of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the requirements of this title.

I. Use of a Lot or Parcel Having Less Than Required Area. Where a portion of a lot or parcel of land is sold or transferred, and as a result of such sale or transfer one or more parcels are created of such an area as to no longer conform to the requirements of this title, then in the determination of the permissible number and location of any buildings on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.

J. Rescission of Agreements Made Contrary to Lot Area Provisions. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title with regard to lot area is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of execution of said deed or conveyance, sale, or contract to sell. However, the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those enumerated above, and is also binding upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.

K. Required Area Reduced by Public Use. If a lot or parcel of land has not less than the required area and after creation of such lot or parcel of land a part thereof is acquired for a public use other than for street or highway purposes, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot or parcel of land has not less than 80 percent of the area indicated by the number which follows the zoning symbol, such remainder shall be considered as having the required area as established by this title.

L. Required Area Reduced for Street or Highway Purposes. If a lot or parcel of land has not less than the required area, as required in this title, and after the creation of such lot or parcel of land a part thereof is acquired for street or highway purposes exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than 75 percent of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot or parcel of land has an area of not less than 2,500 square feet, or an area as is otherwise provided herein. The commission, without notice or hearing, may approve a reduction of lot area to 75 percent of the required area where the remaining parcel would have less than 2,500 square feet, but not less than 2,000 square feet, where topographic features, subdivision design or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum.

M. Redivision of Lots or Parcels with Less Than Required Area. Where two or more adjoining lots or parcels of land are deemed to have the required area under the provisions of this title, but one or more of said lots or parcels of land has an area less than that indicated by the number that follows the zoning designation or, if no number follows the zoning symbol, less than the area designated in this title, said lots or parcels of land may be redivided into the same number or a lesser number of lots or parcels of land. The owner may file and the commission may approve such redivisions subject to the provisions of Division 6 of this title, Subdivision Regulations, if:

1. The lot or parcel of land on such site plan having the smallest area has an area not less than the original lot or parcel of land having the smallest area; and

2. The lot or parcel of land having the narrowest width has a width not less than that of the original lot or parcel of land having the narrowest width, except that such width need not be greater than the width designated in this title; and

3. The proposed redivision tends to promote the public health, safety, comfort, convenience, general welfare, and other purposes of this title to a greater extent than the division into the original lots or parcels of land; and

4. Each lot or parcel of land approved by the commission pursuant to this section shall be deemed to have the required area. (Ord. 806 § 1, 2007).

9.36.020 Required width.

A. Minimum Street or Highway Frontage. Each lot or parcel of land shall have a street or highway frontage of not less than 50 feet when the front property line coincides with the street or highway line unless otherwise provided in subsection (B) of this section, Identification or Designation of Lot Lines in Doubt.

B. Identification or Designation of Lot Lines in Doubt. Where the identification or designation of the front, side or rear lot line is in doubt, as in the following situations, the commission shall determine the identity or designation of the lot lines:

1. Corner lots or parcels of land with two street and/or highway frontages approximately equal in length.

2. Through lots or parcels of land fronting on two or more streets and/or highways.

3. Lots or parcels of land where the only contiguous boundary to a public street or highway is provided by a driveway or other private access or where said lots or parcels of land have a street or highway frontage of less than 35 feet. The commission shall also determine the measurement of the lot width.

C. Required Width Reduced by Public Use. If a lot or parcel of land has not less than the required width and after creation of such lot or parcel of land a portion of its width is acquired for public use in any manner including, but not limited to, dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than 70 percent of the required width, but in no event less than 40 feet, such remainder shall be considered as having the required width.

D. Modification of Lot Widths. The commission may, without notice or hearing, grant a modification of lot width regulations where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with the lot width provisions. All modified lots or parcels of land shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review.

E. Creation of a Parcel Having Less Than Required Width. Except as otherwise provided in this title, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such conveyance the width of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the requirements of this title.

F. Rescission of Agreements Made Contrary to Lot Width Provisions. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title with regard to lot width is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in solvency or bankruptcy, sale, or contract to sell. However, the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those enumerated above, and is also binding upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.

G. Contiguous Narrow Lots. Where, prior to an area being zoned R-1 or R-2, lots exist not less than 100 feet deep but less than 50 feet wide, if two or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one parcel of land. Determination of the number of dwelling units permitted may be based on the total permitted if said lots were developed separately subject to all other requirements of this title.

H. Redivision of Lots or Parcels with Less Than Required Width. Where two or more adjoining lots or parcels of land are deemed to have the required width under the provisions of this title, but one or more of said lots or parcels of land has a width of less than that designated in this title, said lots or parcels of land may be redivided into the same number or a lesser number of lots or parcels of land. The owner may file and the commission may approve such redivision subject to the provisions of Chapter 9.58 BGMC, Site Plan Review, if:

1. The lot or parcel of land on such site plan having the smallest area has an area not less than the original lot or parcel of land having the smallest area; and