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Hawthorne City Zoning Code

CHAPTER 17

42 YARD AND OPEN SPACES

§ 17.42.010 Classification regulations subject to this chapter.

Chapters 17.02, 17.04, 17.10 and 17.14 through 17.36, pertaining to the several classifications shall be subject to the general provisions, conditions and exceptions contained in this chapter.
(Prior code § 12-1600)

§ 17.42.020 Regulations.

Except as may be otherwise provided in this chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on any lot or parcel shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building is to be erected. No front or side yard, or required open space may be used for storage of any kind except for automobile parking facilities as specifically provided in the several classifications.
(Prior code § 12-1603)

§ 17.42.030 Applicability of more restrictive regulations.

Wherever in this title a particular use, or a building or structure in connection with a particular use, is specifically required to maintain a distance from any property boundary line or other building or buildings or structures on the lot or site greater than the minimum standard required yard or open space set forth for the zone, such greater distance is intended to apply only to the particular building, buildings, structures or use involved.
(Prior code § 12-1604)

§ 17.42.040 Consolidated lots-Oversize building site.

When the common property line separating two contiguous lots is covered by a building, a portion of a building, or a permitted group of buildings, such lots shall constitute a single building site and the side yards required by this title shall then not apply to such common property line.
(Prior code § 12-1605)

§ 17.42.050 More than one main building.

Where two or more buildings are, by definition of this title, considered to be main buildings, then the front yard requirements shall apply only to the building closest to the lot front line.
(Prior code § 12-1606)

§ 17.42.060 Modification formula.

The planning commission may, by formal action, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yard depths in all residential zones where geometric shape, dimensions or topography are such as to make the literal application of required yard depths or widths impractical. After the adoption of such formula or standard practices they shall be applied as an administrative act.
(Prior code § 12-1607)

§ 17.42.070 Modification of required front yard where nonconformities exist.

A. 
The depth of required front yards on unimproved lots may be modified when any of the following circumstances apply:
1. 
When the unimproved lot or lots are located between lots having nonconforming front yards;
2. 
When the unimproved lot or lots are located between a lot having a nonconforming front yard and a lot having a conforming front yard;
3. 
When the unimproved lot or lots are located between a lot having a nonconforming front yard and a vacant corner lot;
4. 
Where a vacant corner lot or reverse corner lot adjoins a lot having a nonconforming front yard.
B. 
A nonconforming front yard shall be deemed to be an area between the lot front line and the portion of the main building closest to it, which area is less in depth than that defined by this title as constituting a required front yard. On a lot having a nonconforming front yard the degree of nonconformity to be credited in making the adjustment shall in no instance exceed sixty percent of the front yard depth required on the nonconforming lot, such percentage to be measured from the rear line of the required front yard on such lot toward the lot front line.
C. 
The rear line of the modified front yard on the unimproved lot or lots as referred to in this title shall be established in the following manner:
1. 
On lots having nonconforming front yards a point shall be established at the intersection of the line determining the depth of the lot with a line coincident with the front of the building causing the nonconforming condition;
2. 
On lots having conforming front yard or on a vacant corner lot, a point shall be established at the intersection of the line determining the depth of the lot with the rear line of the required front yard;
3. 
A straight line shall be drawn from such point of intersection on the lot with the nonconforming front yard across any intervening unimproved lot or lots to a point established on the next lot in either direction as set forth in subsections 1 and 2 of this section; and
4. 
The depth of the modified front yard on any lot traversed by the straight line defined in subsection 3 of this section shall be established by the point where said straight line intersects the line constituting the depth of each such intervening lot.
D. 
When an unimproved corner lot or reverse corner lot adjoins a lot having a nonconforming front yard, the front yard on the corner lot or reverse corner lot may be the same as that on the adjoining lot, providing the placement of the building does not interfere with the required vision clearance at the corner formed by the intersection of the streets.
(Prior code § 12-1608)

§ 17.42.080 Measurement of yard requirements for certain property.

A building or structure shall not be erected or maintained oil a lot which abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this title, if any.
Where a precise plan adopted pursuant to law includes plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by this title, shall be measured from the future street boundaries as determined by said precise plans.
Where property abuts upon a private street, the depth of the required front yard shall be measured from the indicated side line of the private street, as shown on an approved private street map or as established by easements of record.
(Prior code § 12-1609)

§ 17.42.090 Vision clearance. corner, reverse corner and key lots.

A. 
All corner lots and reverse corner lots in all zone classifications shall maintain for safety vision purposes a corner triangular area as follows: One angle of which shall be formed by the lot front line and the side line separating the lot from the street, and the sides of such triangle forming the corner angle shall each be fifteen feet in length. The third side of the triangle shall be a straight line connecting the last two mentioned points which are distant fifteen feet from the intersection of the lot front and side lines, and within the area comprising the triangle no tree shall be allowed, nor shall any fence, shrub or other physical obstruction higher than three and one-half feet be permitted.
B. 
In all C and M zones, a bearing column sup-porting a structure above the first story may be located in the triangular area formed by the intersection of the lot front line and lot side line, as described above; provided, that the width of such bearing column in any direction shall not exceed two feet.
C. 
All corner and reverse corner lots in R zone classifications shall maintain for safety vision purposes a triangular area as follows: One angle of which shall be formed by the lot side line separating the lot from the street and the lot rear line adjoining a key lot or intervening alley adjacent to a key lot, and the sides of such triangle forming the rear corner angle shall each be fifteen feet in length. The third side of such triangle shall be a straight line connecting the last two mentioned points which are distant fifteen feet from the intersection of the lot side line and lot rear line, and within the area comprising the triangle no tree shall be allowed, nor shall any fence, shrub or other physical obstruction higher than three and one-half feet be permitted.
(Ord. 1252 § 24, 1981)

§ 17.42.140 Improvement on through lots.

Where a through lot is improved as one building site, the main building or buildings shall conform to the requirements of the classification of the frontage occupied by such main building or buildings, and no accessory building or buildings or structures shall be located closer to either street than the distance constituting the required front yard on such street. Through lots two hundred feet or more in depth may be improved as two separate lots, with the dividing line midway between the street frontages; provided, the area of each such one-half lot meets the lot area requirement of the zone in which such property is located, and all buildings and structures on each such one-half lot shall be subject to the controls applying to the street upon which such one-half lot faces.
(Prior code § 12-1617)

§ 17.42.150 Lot area not to be reduced.

The area of any lot or site shall not be so reduced or diminished that the area, yards or other open spaces shall be less than prescribed by this title for the zone in which the property is located, nor shall the number of dwelling units be increased in any manner except in conformity with the regulations established by this title.
(Prior code § 12-1618)

§ 17.42.160 Adjustment in lot width because of shape or depth.

When, because of geometric shape or excess depth, a lot or parcel of land could qualify for a lot split except that the required minimum width of the resulting lot or lots could not practically be provided as required by the zone in which the property is located, access may be provided by an extension of the lot, such extension having less than the prescribed minimum lot width fronting upon a public thoroughfare. The lot of which the extension is a part shall be considered as conforming to the required lot width; provided, the width of the main portion of the lot shall not be less than the required minimum lot width. In no case, however, shall the width of such lot extension be less than twenty feet, unless two such extensions are adjacent, in which case the width of each extension may be not less than fifteen feet.
(Prior code § 12-1619)

§ 17.42.190 Substandard lots.

When a lot or parcel has less than the minimum required area or width as established by the zone in which such lot or parcel is located, or in a site development plan, and such lot or parcel was of record on May 13, 1946, there may be one dwelling unit located on the lot for each unit of required minimum lot area per dwelling unit contained therein as required by the zone in which the property is located; provided, all yard and open space requirements of the zone are conformed to. In no instance shall this provision prevent the erection of a single-family dwelling on any substandard lot when such use is permitted in the zone.
(Prior code § 12-1622)

§ 17.42.210 Use of lots or parcels containing more than minimum required lot area.

When a lot contains two or more times the minimum lot area required for the zone in which the property is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site; provided, not more than four such units result, and no dedication of streets, alleys or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the lot split procedures as prescribed in Title 16, Subdivisions. When such units are thus defined, then all of the provisions of this title governing the use of a lot in the zone in which such property is located shall apply thereto. Each resulting unit shall have frontage upon a dedicated public thoroughfare, or be provided with a permanent easement of record which shall afford legal access to a publicly-dedicated street and such easement shall be approved as to adequacy by the planning commission.
(Prior code § 12-1624)

§ 17.42.220 Yards must allow for undedicated portion of street.

No building or structure shall be erected or maintained on a lot which abuts on a street having only a portion of its required street width dedicated, where no part of such dedication would normally revert to such lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth which is sufficient to complete the required street width and to provide the yards required by this title. The city engineer shall, upon request, determine the required street width.
(Prior code § 12-1626)