§ 58.499.16. Modification of Standards in the PH Overlay District.

When, in the judgment of the Zoning Official, reasonable development of a non-conforming one or two family residential building site justifies such action, principal building setbacks may be relaxed on individual lots within the PH Overlay District over and above the 20% numerical standard specified in Section 65.302(b)1. However, all one and two family residential infill lots must meet the minimum standards shown below. The front, side, and street side yard setbacks shall be measured from the face of the structure to the property line or, if present, the city services easement.

Front yard setback: 15 ft.; 20 ft. for a garage

Side yard setback: 5 ft.

Street side yard setback: 5 ft.; 20 ft. for a garage

Rear yard setback: 15 ft.

The maximum ISR for individual non-conforming one or two family residential lots within the PH Overlay District may also be modified by the Zoning Official with concurrence by the City Engineer, but shall not exceed 10% of the established district standard (For example, a non-conforming R-1 lot would typically be limited to 0.55 ISR, but this provision would allow up to a 0.6 ISR. Similarly, an R-2B lot would typically be limited to 0.60 ISR, but this provision would allow up to a 0.66 ISR).

Front and Street Side Yard Parking. Section 61.302(f)(2) states that the impervious surface area within the front and street side yard setbacks in residential areas shall not exceed 0.40. Within the PH Overlay District, this standard may be modified by the Zoning Official but shall not exceed 20% of the established district standard, or 0.48.

In all other respects, the procedures for Modification of Development Standards specified in Chapter 65, Part 2F, Sections 65.300 through 65.311, as well as the appeal procedures specified in Chapter 65, Part 2G, Sections 65.320 through 65.322, shall apply.

This section supersedes the provisions of Sections 58.986 and 58.1152(e) regarding the Modification of Development Standards process on non-conforming one or two family residential lots within the PH Overlay District. However, the remaining provisions of Sections 58.984 and 58.985 regarding mechanical equipment, and Section 58.1152 pertaining to non-conforming residential lots, shall remain in full force and effect unless otherwise amended by this part.

(Ord. No. 2017-24, § 1, 6-5-2017, Doc. #1706051202)