Zoneomics Logo
search icon

Bromley City Zoning Code

ARTICLE 5

Dimensional Requirements

5.01 Purpose and Applicability

  • A.
    This Article is intended to define the dimensional standards and how the district standards should be applied to a lot.
  • B.
    The standards that follow apply to all development in all established zoning districts unless expressed otherwise in this Ordinance. The dimensional standards for special districts shall be established for those districts upon adoption.
  • Effective on: 1/1/1901

    5.02 Conformance

    Buildings which do not conform with the standards set forth by its zoning district or this Article shall follow the standards and regulations for nonconformities set forth in Article 2, Applicability & Conformity.

    Effective on: 1/1/1901

    5.03 Flexible Administrative Modification Rules

    The Zoning Administrator may, from time to time, approve administrative modifications from measurable and quantifiable standards of this Ordinance subject to the following limitations:

    1. A.
      The standard for which the modification can be granted must be a quantifiable and measurable standard set forth in the Ordinance. Such standards may include, but are not necessarily limited to, height requirements and limitation, yard requirements, screening or buffer requirements, planting requirements, ratio requirements, spacing requirements, and other similar measurable and quantifiable standards. These modifications do not apply to the required number and size of parking spaces, lot size and density, and signage requirements.
    2. B.
      The Zoning Administrator shall grant such modification only after the requesting party has demonstrated that such minor deviation was a result of an unintended error or unique conditions of the property, does not and will not violate the spirit and harmony of this Ordinance, and does not and will not adversely affect the rights of other property owners in any material manner.
    3. C.
      The minor administrative modification may not deviate by more than 10 percent of any of the standards for which the modification is given, unless more specifically specified in Section 5.04, Standard Administrative Modifications.
    4. D.
      The Zoning Administrator, in considering the administrative modification request, may approve, approve with conditions, deny, or determine that an application is required to the Board of Adjustment for their consideration. If the administrative modification is denied by the Zoning Administrator, the applicant may appeal the decision to the Board of Adjustment in accordance with the appeal provisions listed elsewhere in this section. Neither a denial of an administrative waiver nor an unsuccessful appeal to that denial prevents the applicant from seeking a variance to the standard.

    Effective on: 1/1/1901

    5.04 Standard Administrative Modifications

  • A.
    Front Yard Setback Averaging
    1. 1.
      In the R-LLS, R-CVS, R-U, DC, and NC Districts, front yard setback requirements shall be modified when nearby properties have a setback which is less than or greater than the requirement of the zoning district. When this occurs, the front yard setback shall be the average of the nearby properties. These nearby properties must be:
      1. a.
        Fronting on the same side of the street; and
      2. b.
        On the same block; and
      3. c.
        Within 300 feet; and
      4. d.
        If in a residential zone, then located within any residential zoning district. If in the DC or NC Zone, then located within the DC or NC Zone respectively; and
      5. e.
        51% or more of lots in the block are developed.
  •  

      1. 2.
        For the purposes of determining the average front yard setback, a proposed new road shall not be considered an interruption in the existing block front.
    1. B.
      Exceptions to Lot Requirements
      1. 1.
        Where existing or proposed developments are to be subdivided, the minimum area and yard requirements may be less than required by this Ordinance provided that:
        1. a.
          A community association or other responsible entity is established prior to the approval by the planning commission of any subdivision of land. The “association” shall be obligated and empowered to own, operate, and maintain all common areas including such items as open space, recreational facilities, access drives, parking areas, pedestrian walkways, etc., and all facilities constructed thereon.
        2. b.
          In addition, the requirement that all lots abut a minimum frontage along a dedicated right-of-way may be waived provided that those lots that do not abut a dedicated right-of-way are assured an unencumbered and maintained accessway by the association to a dedicated right-of-way.
        3. c.
          The overall density of the development does not exceed the maximum density allowed by the zoning district.
    1. C.
      Landscape
      1. 1.
        Landscape modifications are permitted as regulated by Section 7.07, G.

    Effective on: 1/1/1901

    5.05 Determining Buildable Area

    The required front, side, and rear yards for individual lots established by the applicable zoning district within which a lot is located shall be measured from the front, side, or rear property line inward toward the center of the lot. Once the required yard areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot shall be known as the buildable area within which the approved structure(s) shall be placed.

    Effective on: 1/1/1901

    5.06 Setback and Lot Width Measurements

  • A.
    Lot Orientation

    Lots that do not conform to traditional orientations require special consideration when determining their setbacks and orientation to the street and adjacent properties. 

  • B.
    Flag Lot
    1. 1.
      Flag lots shall abide by the side and rear setback requirements established by the applicable zoning district. The front setback shall be measured not from the street right-of-way, but from the lot line or lines that are the closest to and most nearly parallel to the street right-of-way and are not a part of the flag stem. 
    2. 2.
      Every flag lot shall contain one and one-half times the minimum lot area, and minimum lot width.
    1. C.
      Cul-de-sac and Curved Lots

      The front setback shall be measured parallel to the arc of the street right-of-way and follow the same arc that the front lot line forms.

    1. D.
      Setbacks on Corner and Double/Multiple Frontage Lots

      On lots having frontage on more than one street, the minimum front yard depth shall be provided on at least one street frontage, with the other frontage(s) having a minimum of one-half the required minimum front yard depth, except that when the lots abut an arterial street, as herein defined, the minimum front yard depth shall be provided each street.

     

    Multiple Frontage Lot 

     

    1. E.
      Rear Setbacks on Triangular or Wedge Shaped Lots

      In the case of a triangular or wedge-shaped lot, the required rear setback shall be measured from a line ten feet in length that intersects with both side property lines and is parallel to and at the maximum distance from the front facade of the principal structure.

    1. F.
      Lot Width

      The minimum lot width shall be the lot width measured along the front setback line.

    Effective on: 1/1/1901

    5.07 Yard Area Delineation

    Yard areas shall be delineated in the following fashion:

    1. A.
      On a plan view of a property, front yard setback line(s) shall be drawn (Line A on illustration). Corner lots, double frontage lots, and multiple frontage lots will have more than one front setback line.
    2. B.
      Parallel to the dominant front façade, draw lines extending from the lateral-most corners of the front of the building to the lot line(s) or front yard setback line(s), whichever is closest (Lines B on illustration).
    3. C.
      Parallel to the dominant front façade, draw lines extending from the lateral-most corners of the rear of the building to the lot line(s) or front yard setback line(s), whichever is closest (Lines C on illustration).
    4. D.
      All area in front of the front façade of the building, all areas in front of Lines B, and all areas street-ward of the front yard setback line(s) (Line A) shall be considered front yard (Area D on illustration).
    5. E.
      All areas to the side of the building and between Lines B and Lines C shall be considered side yard (Area E on illustration).
    6. F.
      All areas to the rear of the rear façade of the building and all areas to the rear of Lines C shall be considered rear yard (Area F on illustration).

     

    Effective on: 1/1/1901

    5.08 Permitted Encroachments

    Buildings and structures must be located entirely at or behind setback lines, with the following exceptions.

    1. A.
      Building Features
      1. 1.
        Structural features such as overhangs, bay windows, window wells, and residential chimneys may encroach up to two feet into the district setbacks.
      2. 2.
         A porch or similar structure that does not rise above the height of a structure's first story floor may extend beyond the established district setbacks or build-to-line up to a maximum of five feet. When located in the rear yard these structures are permitted to extend into the rear setback up to 50 percent or five feet, whichever is greater.
    1. B.
      Mechanical Equipment and Utility Lines
      1. 1.
        Residential uses may have mechanical equipment extend into rear and side yards provided a three-foot buffer remains between this extension and any lot line.
      2. 2.
        All other utility equipment may extend into any property setbacks. These could include power lines, hydrants, transformers, etc.
    2. C.
      Height Exemptions

      Height limitations of this Ordinance shall not apply to such things as church spires, utility towers, solar panels, chimneys, smoke stacks, and necessary mechanical equipment, provided their construction is in accordance with all other City ordinances and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.

    3. D.
      Small Accessory Structures

      Accessory structures less than 120 square feet may be placed within the side or rear setback not less than five feet from a property line.

    4. E.
      Other Permitted Setback Encroachments
      1. 1.
        Walls and perimeter fencing as regulated in Section 7.06, Fences and Walls.
      2. 2.
        Sidewalks, multi-use paths and other pedestrian amenities.
      3. 3.
        Driveways and other vehicular access points provided they are setback 2 feet from the property line which they run parallel to. 
      4. 4.
      5. 5.
        Flag poles that do not exceed the maximum height of the zone, or 40 feet if the zone does not have a maximum height.

    Effective on: 1/1/1901

    5.09 Height and Bulk Measurements

  • A.
    Maximum Height

    The maximum height shall be established by each zoning district.

  • B.
    Building Height Measurement
    1. 1.
      The height of a building shall be measured from the average grade to the highest structure element of the building, in most cases. Roof type variations shall be measured as follows:
      1. a.
        Roofs with a slope greater than 1:1 shall be measured as the average height between the eaves and ridges.
      2. b.
        Roofs with a slope less than 1:1, or that are flat or mansard roofs, shall be measured to the top of the building.
    1.   
      1. 2.
        The average grade of a property is measured by calculating the average of the highest and lowest elevations along the building façade facing the primary street.
      2. 3.
        When a property slope decreases away from the front setback an additional story shall be permitted under the measured average grade.
      3. 4.
        If a floor of a building is more than 50 percent covered by the finished grade, this floor is not measured in the overall height of the building.

     

    Effective on: 1/1/1901