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Silverton City Zoning Code

§ 153.08

GENERAL STANDARDS FOR ALL ZONING DISTRICTS.

   (A)   Lot size measurements.
      (1)   The lot size, or lot area calculation, includes the total horizontal surface area within the lot’s boundaries (lot or parcel lines).
      (2)   No lot shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced. Exceptions to this standard shall only be granted if a reduction is approved as part of a PUD or variance approval.
   (B)   Setbacks and yards required for buildings.
      (1)   A yard is the open area created by the required setbacks. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard or open space areas from an adjacent lot.
      (2)   While a yard is defined as an open area, certain structures and uses may be permitted in required yards as specified in this code.
      (3)   A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures, PUDs, or by variance).
      (4)   Lot configurations and rules for setbacks and yards.
         (a)   Interior lots.
            1.   Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure C.
            2.   The lot line located directly opposite the front lot line, shall be the rear lot line and the rear yard setback shall be applied. See Figure C.
            3.   All other lot lines shall be considered the side lot line and the side yard setback shall be applied. See Figure C.
   Figure C: Typical setback and yard location s for an interior lot
         ( b)    Corner lots. Lots that have street frontage on two intersect ing streets shall be consider ed a corner lot, subject to the following:
            1.   Unless otherwise stated, the required minimum front yard setback shall be measured from both street rights-of-way or, where a right-of-way is not identified, the front lot line. See Figure D.
            2.   The lot line that runs parallel with the front facade of the building on the rear of the lot shall be the rear lot line, and the minimum rear yard setback shall be applied from such lot line. See Figure D.
            3.   All other lot lines shall be a side lot line, and the minimum side yard setback shall be applied from such lot lines. See Figure D.
            4.   An alley shall not be considered a street for the purposes of determining a corner lot.
             5.    Such setbacks and yard locations shall apply, regardless of the orientation of the building.
   Figure D: Typical setback and yard locations for a corner lot
   Figure E: Typical setback and yard locations for a corner lot where the building is oriented toward the corner of the lot
         (c)   Double frontage (through) lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
            1.   Where a lot is considered a double frontage (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street. See Figure F.
            2.   The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line. See Figure F.
            3.   For the purposes of allowing accessory uses and fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the applicable rear yard setback shall apply to all accessory uses or structures. Additionally, the maximum height of fences shall be as allowed in rear yards in § 153.18(E). Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
            4.    Where alleys exist in the city, any lots that have frontage along the alley shall not be considered a double frontage (through) lot and shall either be regulated as an interior lot or corner lot depending on the location of the subject lot within the block.
   Figure F: Typical setback and yard locations for a double frontage (through) lot
         (d)   Flag (panhandle) lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Code Enforcement Officer. Panhandle (flag) lots shall be subject to the following regulations:
            1.   Panhandle (flag) lots shall not be used to avoid the construction of a street.
            2.   The area of the “panhandle” portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
            3.   The stacking of panhandle (flag) lots shall be prohibited. See Figure G.
   Figure G: The above illustration shows the stacking of flag (panhandle) lots, which is prohibited
            4.    The panhandle shall have a minimum width of 20 feet along the entire width of the panhandle. The maximum width shall be 40 feet and anything with a width of 40 feet or greater shall be considered an interior, corner, or double frontage lot as may be applicable.
            5.    No structures, except for fences and walls allowed by this zoning code, shall be permitted in the panhandle portion of the lot.
            6.    The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure H.
Figure H: Typical lot lines and setback locations for a flag (panhandle) lot (left image) and typical yard locations (right image)
         (e)     Cul-de-sac or curved-str eet lot.
            1.    For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure I.
             2.    On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.
   Figure I: Typical setback and yard locations for a curved street or cul-de-sac
         (f)   Other lot configurations. Where there is an instance of a lot configuration not addressed in the previous sections (e.g., interior, corner, etc.), or where there is an atypical building orientation on any lot, the Zoning Enforcement Officer shall have the authority to make a determination regarding where front, rear, and side yard setbacks are required.
      (5)   Minimum dwelling area calculation.
         (a)   The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
         (b)   Garages, outdoor patios, porches, or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
         (c)   Such requirements shall only apply to single-family dwellings, two-family dwellings, rowhouse dwellings, multi-family dwellings, and dwelling units located in mixed-use buildings. These requirements shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
      (6)   Maximum lot coverage measurement. Where there is a maximum lot coverage established for certain buildings and structures, the lot coverage shall be that portion of a lot, which when viewed directly from above, would be covered by the footprint of the principal building, or the accessory building where stated. Decks, pervious paver blocks, driveways, patios, parking lots, and structures that are not buildings shall not count toward lot coverage.
(Ord. 2025-10, passed 5-1-25)