§ 152.066. Lots.

All lots created in accordance with this chapter shall conform to the zoning regulations effective in the district in which the land division or subdivision is located, or such modifications of the lot area and dimensions as may have been approved as part of a variance pursuant to the Zoning Code.

(A)

Lot sizes.

(1)

The building limitations table set forth in the Zoning Code specifies the minimum net area of a lot, but lots larger than such minimum area may be required by the Planning Commission when necessary to accommodate topography, geologic hazards, stormwater drainage channels, physical obstructions, or other physical conditions. (See Zoning Code to determine the number of lots and amount of area to remain in a natural state for parcels or lots which exceed 15 percent average ground slope).

(2)

The net area of a lot shall not include access easements, random public utility or drainage easements (not adjacent to the property line), or the panhandle area in excess of five percent of the net lot area required in the particular zoning district.

(B)

Lot design. All divisions of land shall result in the creation of lots which are capable of being developed or built upon with minimal changes in the natural physical configuration of the site. No lots shall be created which are impractical for improvements or use due to steepness of terrain, location of watercourses, size, shape, periodic flooding or earth movement, or other physical conditions.

(C)

Lot shape.

(1)

The average depth of any lot shall not exceed three times its average width, unless the average width is more than 200 feet. All lots created shall contain at a minimum an area of circular or rectangular shape within the required building setback lines equal to the building coverage area permitted in the zoning district. Lot lines shall be free of excessive jogs in alignment, except where existing physical conditions and established property lines preclude the establishment of straight property boundaries. Lot shapes shall not be designed for the sole purpose of achieving the minimum lot area.

(2)

Panhandle lots shall be permitted only when the Planning Commission determines that they would result in better design of the development. The subdivider shall demonstrate to the satisfaction of the Planning Commission that, because of unusual physical characteristics, such as topography, a land division or subdivision would be infeasible without the creation of one or more panhandle lots.

(D)

Lot lines. The lot lines shall be located to yield the best building sites and, where possible, the lot lines shall be at right angles or radial to the road right-of-way lines.

(E)

Solar access. Consideration of optimum solar orientation for energy conservation shall be given in lot location, design, placement of structures, vegetative removal, and landscaping.

(F)

Access.

(1)

All lots created shall have access to a public road or a private road meeting the minimum requirements of this chapter for pavement and right-of-way widths and improved in accordance with the standards for public improvements set forth in this chapter.

(2)

No lot shall be divided by a road, driveway, or access easement, except where located adjacent to a conservation easement or open space easement extending from the road, driveway, or access easement to the property line.

(3)

A maximum of two lots may be served by a common driveway when, in the opinion of the Planning Commission, the use of a common driveway will result in reduced adverse physical impacts.

(G)

Drainage. All lots shall have the necessary slope to drain water away from the building site at a grade of not less than two percent. Whenever the natural drainage is changed, the storm water shall be conveyed to the road, drain, or natural watercourses. Lots shall be designed so that the 100-year floodplain and the stream corridor protection standards contained in the Zoning Code do not interfere with the normal use of any lot.

(H)

Non-access dedications. All lots shall take access from one road only, and such road shall be the road carrying the least amount of traffic. In the case of corner lots or double frontage lots, one road frontage shall be dedicated to the Town to prevent access.

(I)

Remnant lots.

(1)

No parcel of land or lot which is substandard in size and shape shall be created by any land division or subdivision, unless such parcel is required strictly for public or private utilities, approved access purposes, or other approved public uses.

(2)

No lot shall be split by a Town or County boundary.

(J)

Noise considerations. All land divisions and subdivisions incorporate into their design noise abatement improvements to render all lots in conformity with the noise element of the general plan. Maximum ambient noise exposure at exterior use areas, such as patios, decks, and tennis courts, shall be no greater than 55 dBA/Ldn.

(K)

Building sites and related improvements on lots shall be located in areas identified by the Town as least environmentally sensitive as a result of the natural land features study under Section 152.024 of this chapter.

(1975 Code, § 9-1.501) (Ord. 1982-305, effective 4-8-82; Am. Ord. 1988-367, effective 6-9-88)

Cross reference

Penalty, see § 152.999.