Fayette Exceptions to Lot Area and Width Requirements ordinance (§ 405.740)

A. The minimum lot area and lot width requirements established above may be modified as follows:

1. Where a lot of record at the time of the effective date of this Article has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.

2. Increase In Number Of Permitted Dwellings, When.

a. The number of permitted dwelling units for multiple dwellings may be increased in the following instances:

(1) By twenty percent (20%) if architectural plans for the area reviewed by a City-appointed consulting architect and his/her recommendations followed with the cost of such review paid for by applicant.

(2) By ten percent (10%) if soundproofing between apartments is provided at or in excess of an Impact Noise Rating (I.N.R.) of +5 as described in the publication of the Federal Housing Administration entitled "A Guide to Impact Noise Control in Multi-Family Dwellings" dated January, 1963.

(3) By five percent (5%) if a landscaped buffer area not used for off-street parking with a minimum depth of ten (10) feet or a masonry wall six (6) feet in height is provided on all lot lines that are also district boundaries with a less restricted zoning district.

(4) By ten percent (10%) if the project provides at least two (2) off-street parking spaces for each dwelling unit.

(5) By five percent (5%) if all of the required parking spaces are enclosed or in an underground structure.

(6) By ten percent (10%) if the project includes a club, tennis court, swimming pool, or other major recreation facility occupying at least two-tenths (0.2) of a square foot of land area for each square foot of floor area in the buildings.

(7) By five percent (5%) if the buildings proposed in the project meet the requirements of the Department of Defense, Office of Emergency Management and can be officially designated as fallout shelters having a capacity equal to or greater than the number of residents allowed in the project

b. The percentages above are to be applied individually and not cumulatively.

3. Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but not reconstructed or structurally altered unless made to conform to these requirements.

4. Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.

5. In the "RU" District, the minimum lot area per family may be reduced to twenty thousand (20,000) square feet and the lot width to one hundred (100) feet where public water service is available, but where there is no public sewer services or to fifteen thousand (15,000) square feet and eighty (80) feet, respectively, where both public water and public sewer services are available.