(a)

Except as hereinafter provided, no structure or part thereof shall be erected, altered, or converted for any use permitted in the zoning district in which it is located unless it conforms with all regulations in this and other articles of this chapter, including table 1, summary of development standards, section 40-134. The area regulations shall not apply in the usual manner to individual lots or parcels in a PD district.

(b)

Accessibility hardships.

(1)

Where lot area regulations present hardships regarding accessibility or physical barrier issues related to the Americans with Disabilities Act, the city manager shall determine the manner in which requirements of this article are to be applied, in order to make reasonable accommodations.

(2)

An applicant who disagrees with the determination of the city manager regarding whether a person has a disability, the extent of disability or the level of accommodation that is reasonable may appeal to the board of adjustments and appeals by filing a notice of appeal within 15 days after the city manager renders the decision. The appeal must state specific grounds, reasons or complaint. The notice must be filed with the city manager, who shall transmit to the board of adjustments and appeals the notice and all documentation constituting records upon which the decision was made. The appeal shall be placed on the agenda for consideration by the board at its next meeting. The applicant may appeal the decision of the board by filing suit in a district court of Dallam or Hartley County for declaratory relief constructing this chapter or its application to the applicant.

(3)

Any variance, waiver, or accommodation that is allowed or granted under this article is specific to the property described in the application. The accommodation remains in effect only so long as a disabled person occupies the property (be it the person who was the subject of the application or a different disabled person but whose situation would have satisfied the condition of the determination rendered on the application). Once a disabled person described in the preceding sentence ceases to use the premises as a primary place of abode, then the owner shall, within six calendar months, restore or modify the property to meet the applicable ordinances, sections, and codes as if there had been no reasonable accommodations made.

(Ord. No. 2006-14, § 17-23, 7-11-2006)

The minimum lot area for each residential housing unit for the various zoning districts shall be in accordance with table 1, summary of development standards, section 40-134, except that a lot having less area than herein required which was an official lot of record prior to March 28, 1995, may be used for a single-family detached housing unit only. No residential lot shall be reduced in area below the minimum.

(Ord. No. 2006-14, § 17-24, 7-11-2006)

(a)

The minimum lot width for lots in the various zoning districts used for residential purposes shall be in accordance with table 1, summary of development standards, section 40-134, except that a lot having less width than herein required which was an official lot of record prior to March 28, 1995, may be used for a single-, two-family or manufactured home housing unit in zoning districts permitting those respective uses; provided that for two-family housing units, a lot shall not be less than 50 feet in width. No residential lot shall be reduced in width below the minimum.

(b)

The width of the lot shall be measured at the specified setback or front building line, but in no case shall the lot width at the front street line be less than 40 feet or the required minimum lot width, whichever is less.

(c)

If the housing units in a two-family (duplex) structure are sold for individual ownership, each housing unit shall be located on a separate platted lot having a minimum lot width of 30 feet.

(Ord. No. 2006-14, § 17-25, 7-11-2006)

The minimum lot depth for the various zoning districts shall be in accordance with table 1, summary of development standards, section 40-134, except that a lot having less depth than herein required which was an official lot of record prior to March 28, 1995, may be used for a single-family detached housing unit only. No lot shall be reduced in depth below the minimum.

(Ord. No. 2006-14, § 17-26, 7-11-2006)

(a)

Minimum. The minimum front yard for the various zoning districts shall be in accordance with table 1, summary of development standards, section 40-134, and no structure or use shall be located, erected or altered so as to have a smaller front yard than required herein, and no front yard existing at the time of passage of the ordinance from which this chapter is derived shall be reduced below the minimum with the following exception: smaller front yard setback. A main building or structure may have a front yard less than required if other main buildings or structures within the same block on the same side of the street have legally observed a front yard setback less than required herein. The front yard with the least restrictive dimension shall establish the minimum front yard setback.

(b)

Front building line established by plat. Where a front building line has been established by ordinance or by an approved subdivision plat filed of record in Dallam or Hartley County that is greater than the building line established by this chapter for the zoning district where the property is located, the building line shown on the recorded plat shall take precedence, and no building shall be erected closer to the property line than the building line so established.

(c)

Measurement of front yard. The front yard shall be measured from the front property line to the front face of the building, covered porch, or covered terrace.

(d)

Allowable projections into front yard. Open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. The ordinary projections of window sills, cornices, and other architectural features may project into the required front yard for a distance not to exceed 24 inches, and subsurface structures may project into the front yard provided such structures do not extend to a height greater than 40 inches above the average grade of the curb at the front of the structure or when no curb exists, 40 inches above the average grade of the bounding property line.

(e)

Carports and canopies. Carports, either portable or permanent structures, are not allowed to encumber the front yard setback. The supporting structure of an open carport or other structure for the storage of vehicles, such as a garage, shall not be located within the required front yard setback. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but the outer edge of the canopy shall not be nearer than 12 feet to the front property line. The building line of a gasoline filling station shall mean the actual wall of the filling station and shall not be interpreted as being the curb of a walk or driveway, or as the front of a canopy of the column supporting the same.

(f)

Building extensions. Where no front yard is required, all stairs, eaves, roofs, and similar building extensions shall be located behind the front street right-of-way line or property line.

(g)

Double frontage lots. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets, unless a building line for accessory buildings has been established along one frontage on the plat, in which event only one required front yard need be observed.

(h)

Corner lot front yards.

(1)

On a corner lot, both street exposures shall be treated as front yards, except where corner lots adjoin the entire street frontage between two parallel streets, the longest street exposure to a lot used for single-, two-family or manufactured home units shall be considered as a side yard which shall require a setback of not less than ten feet.

(2)

Where both street frontages of a corner lot used for single-, two-family, manufactured home or an industrialized housing unit are required to be treated as front yards, a front yard of 20 feet shall be observed on the lot frontage of greatest dimension. If such lot is bounded on the rear by an alley, then a front yard setback of 15 feet shall be observed on the lot frontage of greatest dimension.

(i)

C and I districts. In the C commercial and I industrial zoning districts, where all frontage on one side of the street between two intersecting streets is located in the C or I zoning district, no front yard shall be required. When the frontage on one side of the street between two intersecting streets is located partly in the C or I district and partly in a more restricted use district, the front yard shall conform to the more restricted use district regulations.

(Ord. No. 2006-14, § 17-27, 7-11-2006)

(a)

Minimum. The minimum side yard for the various zoning districts shall be in accordance with table 1, summary of development standards, section 40-134, and no structure or use shall be located, erected or altered so as to have a smaller side yard than required herein, and no side yard existing at the time of passage of the ordinance from which this chapter is derived shall be reduced below the minimum, with the following exception: smaller side yard setback. A main building or structure may have a side yard less than required if other main buildings or structures within the same block on the same side of the street have legally observed a side yard setback less than required herein. The side yard with the least restrictive dimension shall establish the minimum side yard setback.

(b)

Special side yard regulations.

(1)

Every part of the required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projection of window sills, belt courses and other ornamental features projecting not to exceed 12 inches. Eaves and awnings on main residential structures may project to within three feet of a side or rear lot line. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the ground (first) floor level of the building may project into a required side yard provided such projections not be erected closer than two feet from the side lot lines.

(2)

On a corner lot, both street exposures shall be treated as front yards, except where otherwise provided by section 40-130(g) and (h)(1).

(3)

A single-family attached housing unit (townhouse) shall provide a minimum required side yard of ten feet adjacent to a street and a minimum required side yard of five feet adjacent to an alley. A minimum required side yard of five feet shall be provided at the end of each single-family attached housing unit complex so that the end of any two adjacent townhouse complexes shall be at least ten feet apart.

(4)

In an A apartment zoning district, a side yard on a corner lot adjacent to a street shall not be less than 15 feet and no balcony or porch or any portion of the building may extend into such required side yard, except that a roof may overhang such side yard not to exceed five feet.

(c)

Zero lot line homes (patio homes). In developments of single-family housing units, detached structures may be constructed on the side lot line (zero side yard setback) on one side of a lot, as long as the building line on the remaining side is a minimum of ten feet. No two patio home units shall be separated by less than ten feet.

(1)

The side yard provided shall be the total of the side yards which are normally required on each side of the lot except, where a front yard requirement is observed on the street side of a corner lot, the total side yard requirement shall be considered satisfied. In no case shall less than a ten-foot total side yard be maintained.

(2)

Side yard requirements for detached accessory buildings shall be the same as are normally required except that, where the side yard is provided on one side of the lot, the same side yard required for the main building shall be observed by detached accessory buildings.

(3)

The required side lot lines and building lines shall be shown by a clearly defined method on a recorded plat of the subdivision approved by the planning and zoning commission, or on a comprehensive site plan of the proposed patio home development, as site plans are detailed in section 40-36(b) to ensure compliance with setback standards and prevent zero lot line homes (patio homes) on adjacent lots from abutting the same property boundary line.

(4)

Easements for maintenance, drainage, or roof overhang (if permitted) shall be provided adjacent to each lot where an adjacent side yard less than normal is to be permitted and shall be established on the recorded plat of the subdivision approved by the planning and zoning commission.

(5)

A yard of not less than the normally required width shall always be observed adjacent to a public street, and a side yard of not less than five feet shall be observed adjacent to an alley.

(6)

Provisions for zero lot line homes shall not be construed to permit two single-family housing units to be built on adjacent lots without the observance of the total required side yard between them, except where two-family and single-family attached housing units are permitted by this chapter.

(7)

No openings for access, light, or air are permitted on the wall of any structure where the normal side yard requirement is not observed between such wall and the side lot line.

(Ord. No. 2006-14, § 17-28, 7-11-2006)

(a)

The minimum rear yard for the various zoning districts shall be in accordance with section 40-134, and no structure or use shall be located, erected or altered so as to have a smaller rear yard than required herein, and no rear yard existing at the time of passage of the ordinance from which this chapter is derived shall be reduced below the minimum, with the following exception: smaller rear yard setback. A main building or structure may have a rear yard less than required if other main buildings or structures within the same block on the same side of the street have legally observed a rear yard setback less than required herein. The rear yard with the least restrictive dimension shall establish the minimum rear yard setback.

(b)

Special rear yard regulations.

(1)

Every part of a required rear yard shall be open and unobstructed to the sky from a point 30 inches above the general ground level of the graded lot, except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four feet into the required rear yard.

(2)

Open or lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues into rear yards may be permitted by the building inspector into the required rear yard for a distance not to exceed four feet.

(Ord. No. 2006-14, § 17-29, 7-11-2006)

(a)

The maximum height of a building or structure for the various zoning districts shall be in accordance with section 40-134 and no structure or use shall exceed the height limit specified herein for the district in which the building is located.

(b)

In all zoning districts except I industrial, communication and broadcast towers, such as radio, television, or telecommunication towers, may be permitted to any height providing a tower's location on a site is set back from all bounding property lines a minimum distance equal to its height.

(Ord. No. 2006-14, § 17-30, 7-11-2006)

Table 1, summary of development standards, as follows, specifies minimum lot area, minimum lot width, minimum lot depth, minimum front yard, minimum rear yard, minimum interior side yard, minimum side yard facing a street, minimum setback to a garage entrance, maximum height, and minimum required off-street parking requirements as set forth in this chapter:

Table 1. Summary of Development Standards

(Ord. No. 2006-14, § 17-31, 7-11-2006; Ord. No. 2006-29, exh. A, 12-12-2006)