Crystal Lake Park - Government Code

Crystal Lake Park

TITLE IV. LAND USE

CHAPTER 400: ZONING─GENERAL PROVISIONS

SECTION 400.010: DEFINITIONS

For the purpose of this Title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory and not directory.

ACCESSORY BUILDING: A portion of the main building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the main building.

ACCESSORY LIVING QUARTER: Living quarters within an accessory building located on the same premises with the main building for the sole use of persons employed on the premises.

BASEMENT: A story partly or wholly underground. A basement shall be counted as a story for the purposes of height measurement where more than one-half (½) of its height is above the average level of the adjoining ground.

BUILDING: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Where dwellings are separated from each other by a division wall without openings, each portion of such dwelling shall be deemed a separate building. The word "building" includes the word "structure" and those structures on wheels or other supports used for business, storage or living purposes.

BUILDING, HEIGHT OF: The vertical distance measured from the adjoining curb level to the highest point of ceiling of the top story in the case of a flat roof; the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof. Provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

CELLAR: A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

COMMISSION: The "Planning and Zoning Commission" of the City of Crystal Lake Park, Missouri.

COURT: An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such a building.

DISTRICT: A section or sections of the area of the City of Crystal Lake Park, St. Louis County, Missouri, for which the regulations governing the use of buildings and premises or in which the height and area of buildings are uniform.

§ 400.010 Crystal Lake Park City Code § 400.010

DWELLING: Any building, or portion thereof, which is designed or used exclusively for family residential purposes.

DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one (1) family.

FAMILY: Up to two (2) individuals or a married couple and the children thereof and no more than two (2) other persons related directly to the individuals or married couple by blood or marriage, occupying a single housekeeping unit with single kitchen facilities, used on a non-profit basis. A "family" may include not more than one (1) additional person, not related to the family by blood or marriage, provided that such additional person may be provided with sleeping accommodations but not with kitchen facilities.

FLOOR AREA: The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit.

FRONTAGE: All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the end of the dead-end street.

GARAGE, PRIVATE: A building capable of housing not more than three (3) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located, provided however, that said vehicles shall not include contractors' equipment, gasoline trucks and similar vehicles not ordinarily used incidental to domestic activities.

GRADE:

11 For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the centers of all walls adjoining the streets.

A.2. For buildings having walls adjoining more than one (1) street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

A.3. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

GROUP CARE HOME FOR MENTALLY RETARDED CHILDREN: A facility which provides care, treatment or custody for four (4) to nine (9) mentally retarded children under the age of sixteen (16) years and affords the opportunity for utilization of community educational, recreational and health facilities and which is licensed as a group care home under Chapter 202, RSMo., 1969.

GROUP HOME FOR FOSTER CARE: Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.

GROUP HOME FOR MENTALLY OR PHYSICALLY HANDICAPPED: Any home in which eight (8) or fewer mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

HOSPITAL: Any place for the treatment or care of human ailments, including sanitarium, sanatorium, nursing, convalescent or rest home, or other such place of treatment or care, but not

§ 400.010 Zoning─General Provisions § 400.010

including clinics or institutions for contagious diseases, mental disorders, drug addiction, liquor addiction or insanity, or other types of the cases which would necessitate physical restraint.

IN HOME BUSINESS: An accessory use conducted in any residential dwelling which is clearly incidental and secondary to the use of the dwelling, and of which there is no indication from the exterior that the dwelling is being used for any purpose other than a dwelling, shall be considered an in home business.

JUNKER: An automobile, truck or other motor vehicle which cannot operate under its own power and which will require major repairs before being made usable, or which does not comply with State, County or City laws or ordinances or licensing requirements.

KENNEL: Any lot or premises on which three (3) or more dogs or three (3) or more cats, at least six (6) months of age, are kept.

LIVING AREA: The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit, which area is equipped with heating, lighting and sanitation facilities in conformity with all ordinances and Statutes of governmental entities regulating such items.

LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Title, having its principal frontage upon a street or upon an officially approved place.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets; as distinguished from a corner lot.

LOT LINES: The lines bounding a lot as defined herein.

MAJOR HIGHWAY: Any highway designated a major highway on the official major highway plan adopted by the St. Louis County Planning Commission and any highway so designated by the Board of Aldermen of the City of Crystal Lake Park.

NON-CONFORMING USE: Any building or land lawfully occupied by a use at the time of passage of this Chapter (October 24, 1968) or amendment thereto which does not conform after the passage of this Chapter (October 24, 1968) or amendments thereto with the use regulations of the district in which it is situated.

PARKING SPACE: A durable, dustproof, surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standing automobile, and if the space is unenclosed, a durable dustproof surface area comprising an area of not less than three hundred (300) square feet including the necessary driveway and space between automobiles on the parking lots. The driveways connecting a parking space with street or alley shall provide satisfactory ingress and egress of automobiles and shall be designed to prevent all possible traffic and fire hazards. Such area shall be paved with an asphalt penetration surface, asphaltic concrete or Portland cement concrete and shall have appropriate bumper guards when needed.

§ 400.010 Crystal Lake Park City Code § 400.010

PRIVATE CLUB: An association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise, provided however, that the activities of such association shall not be violations of any Federal, State or County or municipal laws in effect.

STORY: Any structure or part of a structure not in excess of fifteen (15) feet, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for occupancy.

STREET: All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.

STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas, radio towers, memorials and ornamental structures. The word "structures" includes the word "building" in addition to the foregoing.

TRAILER: Any structure used, or capable of being used, for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact.

YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof, other than the projection of the usual steps or entrance way. The front yards of lots fronting on major highways, however, shall be determined by measurement from the centerline of the major highway right-of-way as designated in Section 410.020 Subsection (B).

YARD, REAR: A yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be at the opposite end of the lot from the front yard.

§ 400.010 Zoning─General Provisions § 400.030

YARD, SIDE: A yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line, measured as the mean horizontal distance between the lot line and the main buildings. (CC 1995 §400.010; Ord. No. 106 Art. II, 10-24-68)

SECTION 400.020: GENERAL REGULATIONS

A. Buildings.

1. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any existing building or land be used for any purpose other than as is permitted in the district

in which such building or land is located.

2. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

3. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

4. The minimum yards and open spaces, including lot area per family requirement, for each and every building existing as of October 24, 1968, shall not be encroached upon or considered as yard or open space requirement for any other building.

5. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot.

6. No land dedicated for roadway purposes, either in a public or private street or place, shall be used as a yard or as any part of the required lot area prescribed by this Title.

7. No junker shall be parked or allowed to remain in the City where visible from the adjacent streets or adjoining lots. No trailer shall be parked or allowed to remain in the City for over a one (1) week period where visible from the adjacent streets or adjoining lots, unless a written permit is issued by the Building Commissioner extending the above mentioned period.

8. Every dwelling hereafter erected shall be located on the lot such that a parking area or garage or carport or a combination of parking area, garage or carport sufficient for the parking of two (2) automobiles is provided.

B. Vacations. Whenever any street, alley or other public way is vacated by official action of the County Council of St. Louis County with the approval of the Board of Aldermen, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all regulations of the extended districts.

C. Annexation. All territory which may hereafter be annexed to the City of Crystal Lake Park shall automatically be classed as lying and be in the Residence District "A" until such classification shall have been changed by an amendment to this Zoning Code as provided by law. (CC 1995 §400.020; Ord. No. 106 Art. III, 10-24-68; Ord. No. 128 §1, 5-7-73)

SECTION 400.030: ZONING DISTRICTS

B. In order to regulate and limit the height, dimensions and size of buildings erected or altered, to limit

§ 400.030 Crystal Lake Park City Code § 400.040

the intensity of lot area and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the City of Crystal Lake Park shall be divided into four (4) districts, to wit:

B.1. Residence District "A".

B.2. Residence District "B".

B.3. Residence District "C".

B.4. Residence District "D".

C. Uses. Each said district shall conform to the uses and regulations as set forth in this Title.

(CC 1995 §400.030; Ord. No. 106 Art. III, 10-24-68)

SECTION 400.040: PROVISIONS OF THIS LAW TO GOVERN, WHEN

Wherever the regulations made under authority of this Title require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other Statute or local ordinance or regulation, the provisions of the regulations made under authority of this Title shall govern. Wherever the provisions of any other Statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this Title, the provisions of such ordinance or regulation shall govern. (CC 1995 §400.040)

CHAPTER 405: ZONING DISTRICTS

SECTION 405.010: RESIDENCE DISTRICT "A"

The following regulations are established for Residence District "A", to wit:

C.1. Use regulations. Business and industry are strictly prohibited except as otherwise permitted herein; no building or land shall be used and altered unless otherwise provided in this Title, except for one (1) or more of the following uses:

C.1.a. Single-family dwellings of no more than two (2) stories in height.

C.1.b. Parks, playgrounds and community buildings owned and operated by the City of Crystal Lake Park or operated by any Board of Trustees of a subdivision, provided the approval of the Board of Aldermen has been obtained.

C.1.c. Planned environment unit development as provided in this Chapter.

d. Group Homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

e. In home businesses.

C.2. Height. No building hereafter erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet, except as provided in Section 410.040.

C.3. Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot; provided however, that such rear yards shall not be less than thirty (30) feet but need not exceed forty (40) feet, except as provided in Section 410.040.

C.4. Side yard. There shall be a side yard having a depth of not less than ten percent (10%) of the average width of the lot for each side yard; provided however, that such side yard width shall not be less than ten (10) feet in width but not exceed twenty (20) feet.

C.5. Front yard. There shall be a front yard having a depth of not less than forty (40) feet to the front line of a building and not less than thirty (30) feet to the front line of an open porch or paved terrace; provided however, that where lots comprising forty percent (40%) or more of the frontage are developed with buildings having a front yard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further, that the regulation shall not be so interpreted as to require a front yard of more than seventy-five (75) feet. Where property has frontage along a major highway, the front yard shall be determined by the provisions of Section 410.020.

C.6. Corner lots. The requirements of Subsection (4) shall apply to corner lots except that where the building faces an intersecting street or place, the side yard of the lot shall be no less than fifty percent (50%) of the depth of the front yard required on the said lot; provided however, that this additional width of the side yard on the street or place side of the reversed corner lot

§ 405.010 Crystal Lake Park City Code § 405.010

shall not reduce the buildable width of such lot, if on record on October 24, 1968, to less than thirty (30) feet.

C.7. Intensity of use. Every lot on which a building is erected or structurally altered for dwelling purposes shall have a minimum width at the street line of one hundred twenty-five (125) feet and a minimum area of twenty thousand (20,000) square feet.

C.8. Planned environment unit.

C.8.a. In any Residential District "A" a tract of land may be developed for residential use and supporting community facilities provided that a planned environment unit is approved as provided in this Section notwithstanding any other provisions of this Title. The planned environment unit shall have a minimum density ratio of one (1) living unit for each fifteen thousand (15,000) square feet of lot area, but such dwelling units may be placed and situated on the tract of land as permitted by this Title.

C.8.b. Application for a planned environment unit shall be made to the Board of Aldermen of the City and such application shall contain such data and information so as to assume the fullest practicable presentation of facts for the consideration by the Board. The Board of Aldermen may adopt and permit a planned environment unit by an ordinance duly enacted by the Board. In considering an application for a planned environment unit, the Board of Aldermen shall consider whether the proposal is consistent with good general planning practice, good site planning, can be constructed and operated in a manner not detrimental to the permitted use in the district and would be visually compatible with the surrounding area and is deemed desirable to promote the general welfare of the City. The Board of Aldermen shall also consider the architectural, landscape and other relationships which may exist and may recommend and require physical treatment and limitations as will, in the Board's opinion, enhance the development. Such recommendations and requirements may be made part of any ordinance enacted permitting the development of the planned environment unit.

C.8.c. In addition to the foregoing, the Board of Aldermen may recommend and require, and make a part of the enabling ordinance, matters pertaining to, but not limited to, the following:

C.8.c.(1) Off-street parking.

C.8.c.(2) Screening and fencing of certain designated areas.

C.8.c.(3) Setbacks along the boundary lines of the planned environment unit.

C.8.c.(4) The type of improvements and the landscaping of the tract.

C.8.c.(5) Conditions governing the maintenance of common areas.

C.8.c.(6) The maximum and minimum gross floor area of each dwelling unit.

C.8.c.(7) The holding of fee simple title in the common and recreational areas, if any, in a Board of Trustees for the unit owners use and benefit.

C.8.c.(8) The provisions to be contained in any trust indenture governing the development.

§ 405.010 Zoning Districts § 405.020

C.8.d. In the event that substantial construction has not been commenced within two (2) years of the date of enactment of an ordinance which adopts and permits a planned environment unit upon a tract of land, unless extended by ordinance, the planned environment unit shall terminate. As used herein, "substantial construction" shall mean final grading for roadways necessary for the first (1st) phase of construction and installation of sanitary and storm sewers. (CC 1995 §405.010; Ord. No. 106 Art. IV, 10-24-68; Ord. 169 §1, 5-7-79; Ord. No. 292 §2, 6-14-93)

SECTION 405.020: RESIDENCE DISTRICT "B"

The following regulations are established for Residence District "B", to wit:

.1. Use regulations. Business and industry are strictly prohibited except as otherwise permitted herein; no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Title, except for one (1) or more of the following uses:

a. Any use permitted in Residence District "A" subject to the conditions herein stated.

.2. Height. No building hereafter erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet, except as provided in Section 410.040.

.3. Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot; provided however, that such rear yards shall not be less than twenty-five (25) feet but need not exceed forty (40) feet, except as provided in Section 410.040.

.4. Side yard. There shall be a side yard having a depth of not less than ten percent (10%) of the average width of the lot for each side yard; provided however, that such side yard width shall not be less than eight (8) feet in width but need not exceed twenty (20) feet.

.5. Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of a building and not less than twenty (20) feet to the front line of an open porch or paved terrace; provided however, that where lots comprising forty percent (40%) or more of the frontage are developed with buildings having a front yard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further, that the regulation shall not be so interpreted as to require a front yard of more than seventy-five (75) feet. Where property has frontage along a major highway, the front yard shall be determined by the provisions of Section 410.020.

.6. Corner lots. The requirements of Subsection (4) hereof shall apply to corner lots except that where the building faces an intersecting street or place, the side yard of the lot shall be no less than fifty percent (50%) of the depth of the front yard required on the said lot; provided however, that this additional width of the side yard on the street or place side of the reversed corner lot shall not reduce the buildable width of such lot, if on record on October 24, 1968, to less than thirty (30) feet.

.7. Intensity of use. Every lot on which a building is erected or structurally altered for dwelling purposes shall have a minimum width at the street line of eighty (80) feet and a minimum area of ten thousand (10,000) square feet. (CC 1995 §405.020; Ord. No. 106 Art. IV, 10-24-68; Ord. No. 292 §2, 6-14-93)

§ 405.030 Crystal Lake Park City Code § 405.040

SECTION 405.030: RESIDENCE DISTRICT "C"

The following regulations are established for Residence District "C," to wit:

.1. Use regulations. Business and industry are strictly prohibited except as otherwise permitted herein; and no building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided in this Title, except for one (1) or more of the following uses:

a. Any use permitted in Residence District "A" subject to the conditions herein permitted.

.2. Height. No building hereafter erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet, except as provided in Section 410.040.

.3. Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot, provided, such rear yard need not exceed thirty-five (35) feet but shall not be less than twenty-five (25) feet, except as provided in Section 410.040.

.4. Side yard. On interior lots there shall be a side yard on each side of the building having a width of not less than five percent (5%) of the width of the lot; provided however, such side yard need not exceed ten (10) feet in width but shall not be less than five (5) feet in width.

.5. Front yard. There shall be a front yard line of not less than fifteen (15) feet to the front line of the building; provided, that where lots comprising forty percent (40%) or more of the frontage are developed with building having a front yard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line established; provided further, that this regulation shall not be so interpreted as to require a front yard of more than sixty (60) feet.

.6. Corner lots. The requirements of Subsection (4) shall apply to corner lots except that where the building faces an intersecting street or place, the side yard of the lot shall be no less than fifty percent (50%) of the depth of the front yard required on the said lot; provided however, that this additional width of the side yard on the street or place side of the reversed corner lot shall not reduce the buildable width of such lot, if on record on October 24, 1968, to less than thirty (30) feet; provided further, that no accessory building on said reversed corner lot shall project beyond the front yard line of the lot nor beyond the side yard line.

.7. Intensity of use. Every lot on which a building is erected or structurally altered for dwelling purposes shall have a minimum width of ninety-five (95) feet and a minimum area of nine thousand five hundred (9,500) square feet. (CC 1995 §405.030; Ord. No. 106 Art. IV, 10-24-68; Ord. No. 292 §2, 6-14-93)

SECTION 405.040: RESIDENCE DISTRICT "D"

The following regulations are established for Residence District "D", to wit:

§ 405.040 Zoning Districts § 405.040

a. Any use permitted in the Residence District "A" subject to the conditions herein stated.

.2. Setback, height and living area limitations and requirements.

.2.a. The following setback, height and living area limitations and requirements shall apply to any property consisting of less than nine thousand (9,000) square feet:

.2.a.(1) Height. No building hereafter erected or structurally altered shall exceed two (2) stories or a height of building of thirty (30) feet, except as provided in Section 410.040, and except that the highest point on the building shall not exceed thirty-five (35) feet from the average elevation of the finished lot grade at the front of the building.

.2.a.(2) Side yard. On interior lots there shall be a side yard on each side of the building having a width of not less than ten percent (10%) of the width of the lot, provided however, such side yard shall not be less than seven and one-half (7½) feet in width.

.2.a.(3) Rear yard. There shall be a rear yard having a depth of not less than twenty-five percent (25%) of the depth of the lot, provided, such rear yard shall not be less than twenty-five (25) feet, except as provided in Section 410.040.

.2.a.(4) Front yard. There shall be a front yard line of not less than twenty (20) feet to the front line of the building; provided, that where lots comprising forty percent (40%) or more of the frontage are developed with building having a front yard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further, that this regulation shall not be so interpreted as to require a front yard of more than sixty (60) feet. Where property has frontage along a major highway, the front yard shall be determined by the provisions of Section 410.020.

.2.a.(5) Aggregate front and rear yard. Notwithstanding the foregoing, the aggregate setback distance of the front yard and rear yard shall be not less than fifty (50) feet.

.2.a.(6) Front building line. The average distance from the front property line to the front surface of the first (1st) story of any building must differ from the average distance from the front property line to the front surface of the second (2nd) story of said building by at least two (2) feet.

.2.a.(7) Maximum square footage. The living space in the building may not exceed two thousand two hundred (2,200) square feet.

.2.b. The following setback, height and living area limitations and requirements shall apply to any property consisting of greater than nine thousand (9,000) square feet.

.2.b.(1) Height. No building hereafter erected or structurally altered shall exceed two (2) stories or a height of building of thirty-five (35) feet, except as provided in Section 410.040.

.2.b.(2) Side yard. On interior lots there shall be a side yard on each side of the building having a width of not less than fifteen percent (15%) of the width of the lot, provided however, such side yard shall not be less than fifteen (15) feet in width. Further, the aggregate size of the side yards shall be not less than forty (40) feet in width.

§ 405.040 Crystal Lake Park City Code § 405.050

.2.b.(3) Rear yard. There shall be a rear yard having a depth of not less than twenty-five percent (25%) of the depth of the lot, provided, such rear yard shall not be less than twenty-five (25) feet, except as provided in Section 410.040.

.2.b.(4) Front yard. There shall be a front yard line of not less than twenty (20) feet to the front line of the building; provided, that where lots comprising forty percent (40%) or more of the frontage are developed with building having a front yard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further, that this regulation shall not be so interpreted as to require a front yard of more than sixty (60) feet. Where property has frontage along a major highway, the front yard shall be determined by the provisions of Section 410.020.

.2.b.(5) Aggregate front and rear yard. Notwithstanding the foregoing, the aggregate setback distance of the front yard and rear yard shall be not less than fifty (50) feet.

.2.b.(6) Maximum square footage. The living space in the building may not exceed three thousand six hundred (3,600) square feet.

.2.c. Garages. No building in District "D" shall be built without a fully enclosed two-car garage measuring not less than twenty (20) feet by twenty (20) feet.

.3. Corner lots. The requirements of Subsection (4) shall apply to corner lots except that where the building faces an intersecting street or place, the side yard of the lot shall be no less than fifty percent (50%) of the depth of the front yard required on the said lot; provided however, that this additional width of the side yard on the street or place side of the reversed corner lot shall not reduce the buildable width of such lot, if on record on October 24, 1968, to less than thirty (30) feet; provided further, that no accessory building on said reversed corner lot shall project beyond the front yard line of the lot nor beyond the side yard line.

.4. Intensity of use. Every lot or tract of land upon which a building for dwelling purposes is erected or structurally altered shall have a minimum width of not less than one hundred (100) feet and contain a minimum area of not less than ten thousand (10,000) square feet; provided however, where a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched property under separate ownership on October 24, 1968, such lot or tract of land may be used for single-family dwelling. In determining the applicability of this exception, the following rules shall govern the calculation of the area and width of lots: "Separate ownership" shall mean ownership by unrelated parties who are not practically and effectively in a position to exercise joint or combined control or use of contiguous lots or tracts of land and all contiguous lots or portions of lots under the same practical and effective ownership or control shall be deemed one (1) lot and contiguous lots or portions thereof held by any combination of parties related to one another so as practically and effectively to enable joint or combined control or use of such lots shall be deemed to be under the same practical and effective ownership or control. (CC 1995 §405.040; Ord. No. 106 Art. IV, 10-24-68; Ord. No. 291 §2, 3-2-93; Ord. No. 292 §2, 6-14-93; Ord. No. 357 §1, 1-14-02)

SECTION 405.050: RESIDENTIAL DISTRICTS─BOUNDARY DESCRIPTIONS

A. Residence District "A". The boundaries of Residence District "A" shall be as follows, to wit:

Beginning at the most northwest corner of the City at its intersection with Bopp Road, thence east

§ 405.050 Zoning Districts § 405.050

to the west line of the extension of Putter Lane and the north boundary of the City, thence south along the extension of the west side of Putter Lane, thence south along the west side of Putter Lane to its intersection of Country Club Drive, thence west to its intersection of Bopp Road, and thence north along the western most limits of the City to the point of beginning.

B. Residence District "B". The boundaries of Residence District "B" shall be as follows, to wit:

Beginning at the point of the southwest corner of Country Club Drive at its intersection with the western most limits of the City of Crystal Lake Park, thence east along the south side of Country Club Drive to the intersection of Lake View Drive, and thence south along the west side of Lake View Drive to the southwest intersection of South Drive, thence east along the south side of South Drive to the intersection of the west side of Oak Drive, thence south along the west side of Oak Drive to the southern limit of the City, thence west along the southern limit of the City to the east side of the intersection of said southern limit of the City and Grand View Drive to its north easternmost point, thence northwest along the southeast line of existing lot to the northeast most point of B