Concord City Zoning Code
ARTICLE XXVIII
Supplemental Lot Size and Open Space Regulations
§ 150-146 General lot regulations.
A.
Existing lots of record. A single-family structure may be constructed on any lot of record if said lot is less than the minimum area required for building lots in the district in which it is located, provided that the following conditions exist or are met:
(1)
Availability of adjoining vacant land. No structure shall be erected on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.
(2)
Side yards. No structure shall be constructed on a nonconforming lot 60 feet wide or more unless it shall have a minimum side yard of 10 feet or, where said lot is adjacent to any street, a side yard conforming to the minimum required for the district in which said lot is located. No structure shall be constructed on a nonconforming lot less than 60 feet wide unless it shall have a minimum side yard of five feet or, where said lot is contiguous to any street, a side yard conforming to the minimum required for the district in which said lot is located.
(3)
Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the district in which said lot is located.
§ 150-147 Front yard modification.
A.
In all districts except M Districts, where there are existing principal buildings on adjoining lots on each side of a parcel of land less than 100 feet in width, having a front yard setback or exterior side yard setback less than the required front yard depth of said parcel, the required front yard depth of said parcel shall equal the average setback from the street or road line of such existing buildings on said adjoining lots. This modification shall not permit any front yard depth less than 15 feet.
B.
In M Districts, where there are existing principal commercial or industrial buildings on adjoining lots on each side of a parcel of land less than 100 feet in width and these buildings have a front yard setback or exterior side yard setback less than the required front yard depth, the required front yard depth of said parcel shall equal the average setback from the street or road line of such existing buildings on said adjoining lots.
§ 150-148 Side yard modification for corner lots.
A.
In an R District:
(1)
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street or road line, the required width of the exterior side yard for any building shall equal 10% of the lot width, but need not be more than 10 feet.
(2)
On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from the street or road line:
(a)
The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width, but need not exceed 40 feet and shall not be less than 18 feet.
(b)
The required width of the exterior side yard for buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot, but need not exceed 40 feet.
B.
In C or M Districts:
(1)
On a corner lot where the rear lot line coincides with a rear lot line of the adjoining lot for a distance from the street or road line, the required width of the exterior side yard of said corner lot shall be not less than:
(2)
On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the width of the exterior side yard of said corner lot shall be not less than the depth of the required front yard of said adjoining lot.
§ 150-149 Rear yard modification for through lots.
On a through lot, where the rear lot line coincides with a street or road line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply to that portion of a through lot where a front yard equivalent is required.
§ 150-150 Visibility at intersections.
In any district where a front yard of 25 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street or road level shall be placed or maintained within the triangular area formed by two intersecting street or road lines, as defined herein, and a line connecting points on such street or road lines 30 feet distant from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.
§ 150-151 Permitted obstructions in required open space.
None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified:
A.
In any required open space:
(1)
Access drives or walks.
(2)
Fence or wall not exceeding 3 1/2 feet in height (except as otherwise provided in this chapter for screening).
(3)
Flagpoles not exceeding 25 feet in height.
(4)
Retaining walls of any necessary height.
(5)
Permitted signs.
(6)
Unenclosed steps or terraces not extending more than three feet above the adjoining finished grade.
(7)
Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line:
(8)
In any C or M District, open accessory off-street parking spaces.
B.
In any required interior side yard:
(1)
A one-story attached garage not more than 12 feet in height projecting not more than three feet into a required interior side yard, provided that such garage shall not be nearer any side lot line than a distance of five feet.
(2)
Open fire escape projecting not more than four feet into a required interior side yard, but not nearer any side lot line than five feet.
C.
In any rear yard, not a front yard equivalent, or in any part of an interior side yard which exceeds a required side yard:
(1)
Fence or wall not to exceed six feet in height.
(2)
Any accessory use or structure permitted in the district regulations subject to § 150-152 (Limitations on obstructions in required open space).
(3)
Projections: balconies, bay windows, non-weather-proofed porches or breezeways or attached garages, not exceeding 12 feet in height, may extend into a required rear yard for a distance not to exceed 1/3 the required depth of such yard.
(4)
Flagpoles or accessory radio or television antennas of any height, provided that such structure shall be set back from any property line in a distance equal to its height.
§ 150-152 Limitations on obstructions in required open space.
A.
In C or M Districts, no storage, truck parking, loading or unloading or processing of any kind shall be permitted in any required yard. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the following limitations on obstructions in required open spaces in R Districts.
B.
In R Districts:
(1)
Accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot or more than 40% of a required rear yard of a corner lot.
(2)
No part of an accessory building shall be nearer than three feet to a rear or side lot line, except that where such lot line abuts a side yard of an adjoining lot in any R District, the setback shall not be less than five feet.
(3)
Detached accessory buildings shall be at least 10 feet from any dwelling and five feet from any other building.