18.230.030 General yard requirements.
(a) Location of Required Yards. The required yard space for any building, structure or use shall be contained on the same zoning lot as the building, structure or use and such required yard space shall be entirely upon land in a district in which the principal use is permitted.
(b) Yard Requirements for Open Land. If a zoning lot is, or will be, occupied by a permitted use without buildings or structures, then the minimum yards that would otherwise be required for said zoning lot shall be provided and maintained unless some other provision of this division requires or permits a different minimum yard. The minimum yards shall not be required on zoning lots used for gardening purposes without structures except for community gardens as described in TMC 18.225.010, or on zoning lots used for public recreational areas.
(c) Restrictions on Allocation and Disposition of Required Yards or Space.
(1) No part of a lot, yard, off-street parking space, open space or other space provided in connection with any building, structure or use in order to comply with this division shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area, yard, off-street parking space, open space or other space required for any other building, structure or use, except as specifically provided herein.
(2) All of the lot area, yards, off-street parking, open space or other space provided in connection with any building, structure or use in order to comply with this division shall be located on the same zoning lot as such building, structure or use.
(3) No part of a lot, yard, off-street parking, open space or other space provided in connection with any building, structure or use (including, but not limited to, any building, structure or use existing on the effective date of the ordinance codified in this division) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of this division for the equivalent new construction.
(d) Computing Rear Yard. In computing the required minimum depth of a rear yard for any principal building, principal structure or principal use where such yard abuts on an alley, one-half of the alley right-of-way width may be included as part of the required minimum rear yard.
(e) Yards for Corner and Double Frontage Lots. Front yard requirements included in the district regulations within which the zoning lot is located shall apply on both frontages. A double frontage lot shall have two front yards, two side yards, and no rear yard. A corner lot shall have two front yards, one side yard, and one rear yard. The corner lot’s rear yard shall be opposite the front yard, which is the yard having the least street frontage, unless the applicant desires otherwise or doing so would create a reversed corner lot. The Planning Director may approve the creation of an alternative layout when doing so would result in a better development pattern based on existing and anticipated future development. A property owner may appeal the decision of the Planning Director by filing an appeal to the Planning Commission within 10 days of receiving written notification of the decision. Such appeal shall be made in writing to the Planning Director and shall be considered by the Planning Commission at its next regularly scheduled meeting.
(f) Front Yard Building Setbacks on Existing Lots of Record. An individual lot of record may be developed with revised minimum front yard setback requirements, as determined by the Planning Director, subject to the following requirements:
(1) The proposed development of said property does not conflict with or, alternatively, promotes the policies and objectives as stated in the adopted comprehensive metropolitan plan or an adopted neighborhood plan;
(2) The proposed development is intended to complement the existing character and architecture of the surrounding properties in the neighborhood, or the proposed development complies with any adopted design guidelines or standards of the City;
(3) The proposed development will be consistent with the established building front yard setbacks so as to reflect and align with existing setbacks of buildings on the block face or, alternatively, will comply with any adopted design guidelines or standards of the City. Where variable building setbacks exist, an average of the building setbacks may be applied.
(g) Platted Building and Setback Lines. If a recorded plat imposes a building or setback line for a lot which is greater than the minimum front yard of the district in which located, then notwithstanding any other provisions of this division, the minimum setback shall be the setback as imposed by the plat.
(h) Where a lot in the O&I, C, I or MS district abuts an R district, a yard at least equal to the abutting yard required in the R district shall be provided along the R district boundary line.
(i) An owner of an existing improved property who desires to undertake further improvements to the property, but which property does not comply with the yard requirements, shall not be required to file a variance with the Board of Zoning Appeals for such further improvement, provided the following conditions are met:
(1) The additional improvement will not result in any less yard than that observed by the existing structure; and
(2) The original structure was in compliance with regulations existing at the time the original structure was built, or a variance was previously granted which allowed for the deviation from the dimensional requirements; and
(3) Applicable designated yard requirements with which the existing improvements are in conformance shall continue to be observed and conformed to, unless an official variance is granted by the Board of Zoning Appeals. (Ord. 20150 § 3, 10-23-18.)