Lakeside Park City Zoning Code

ARTICLE 5

Dimensional Requirements

5.01 Purpose and Applicability

This Article is intended to define the dimensional standards and how the district standards should be applied to a lot.

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 [RESERVED]

Effective on: 1/1/1901

5.04 Standard Administrative Modifications

Front Yard Setback Averaging

1.
In the R-CVS, R-CPS, R-U, and R-M 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 provided that in no case shall a front yard depth be less than twelve (12) feet. 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. 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.
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.
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

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.

Flag Lot

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.
All flag lots must be part of a new subdivision development and part of the preliminary and final plats submitted to the planning commission. No identification plats shall be permitted to allow for flag lots. Flag lots shall be permitted only within areas proposed for development which are greater than three (3) acres in size.

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.

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 all street frontages.

Multiple Frontage Lot

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 façade of the principal structure.

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:

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.
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).
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).
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).
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).
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.

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.

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.
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 Lakeside Park ordinances and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.
D.
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 one (1) foot from the property line which they run approximately parallel to. A common driveway may be permitted to serve two abutting lots provided that an agreement and/or deed restrictions indicating provisions for maintenance and common access is provided as part of the request for a permit to construct the driveway.
4. 4.
  Landscaping as regulated by Section 7.07, Landscaping, Screening, and Buffers.
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

Maximum Height

The maximum height shall be established by each zoning district.

Building Height Measurement

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. 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

Lakeside Park City Zoning Code

ARTICLE 5

Dimensional Requirements

5.01 Purpose and Applicability

This Article is intended to define the dimensional standards and how the district standards should be applied to a lot.

Effective on: 1/1/1901

5.02 Conformance

Effective on: 1/1/1901

5.03 [RESERVED]

Effective on: 1/1/1901

5.04 Standard Administrative Modifications

Front Yard Setback Averaging

1.
In the R-CVS, R-CPS, R-U, and R-M 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 provided that in no case shall a front yard depth be less than twelve (12) feet. 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. 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.
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.
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

Effective on: 1/1/1901

5.06 Setback and Lot Width Measurements

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.

Flag Lot

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.
All flag lots must be part of a new subdivision development and part of the preliminary and final plats submitted to the planning commission. No identification plats shall be permitted to allow for flag lots. Flag lots shall be permitted only within areas proposed for development which are greater than three (3) acres in size.

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.

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 all street frontages.

Multiple Frontage Lot

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 façade of the principal structure.

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:

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.
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).
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).
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).
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).
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.

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.

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.
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 Lakeside Park ordinances and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.
D.
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 one (1) foot from the property line which they run approximately parallel to. A common driveway may be permitted to serve two abutting lots provided that an agreement and/or deed restrictions indicating provisions for maintenance and common access is provided as part of the request for a permit to construct the driveway.
4. 4.
  Landscaping as regulated by Section 7.07, Landscaping, Screening, and Buffers.
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

Maximum Height

The maximum height shall be established by each zoning district.

Building Height Measurement

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. 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

Lakeside Park City Zoning Code

ARTICLE 5

Dimensional Requirements

5.01 Purpose and Applicability

This Article is intended to define the dimensional standards and how the district standards should be applied to a lot.

Effective on: 1/1/1901

5.02 Conformance

Effective on: 1/1/1901

5.03 [RESERVED]

Effective on: 1/1/1901

5.04 Standard Administrative Modifications

Front Yard Setback Averaging

1.
In the R-CVS, R-CPS, R-U, and R-M 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 provided that in no case shall a front yard depth be less than twelve (12) feet. 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. 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.
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.
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

Effective on: 1/1/1901

5.06 Setback and Lot Width Measurements

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.

Flag Lot

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.
All flag lots must be part of a new subdivision development and part of the preliminary and final plats submitted to the planning commission. No identification plats shall be permitted to allow for flag lots. Flag lots shall be permitted only within areas proposed for development which are greater than three (3) acres in size.

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.

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 all street frontages.

Multiple Frontage Lot

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 façade of the principal structure.

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:

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.
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).
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).
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).
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).
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.

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.

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.
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 Lakeside Park ordinances and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.
D.
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 one (1) foot from the property line which they run approximately parallel to. A common driveway may be permitted to serve two abutting lots provided that an agreement and/or deed restrictions indicating provisions for maintenance and common access is provided as part of the request for a permit to construct the driveway.
4. 4.
  Landscaping as regulated by Section 7.07, Landscaping, Screening, and Buffers.
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

Maximum Height

The maximum height shall be established by each zoning district.

Building Height Measurement

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. 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