City of Cassville, MO General Provisions

This Chapter, including the Zoning District Map incorporated by reference as if more fully set out herein, shall be known as, referred to, and cited as the "Zoning Code" for the City of Cassville, Missouri.

Section 400.020 Purpose.

[R.O. 1997 §400.020; Ord. No. 1088 §2, 12-9-1991]

The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, and general welfare of the citizens residing in Cassville by dividing such into zones and districts and prescribing regulations and restrictions on the location and use of buildings and the use of land within each district or zone.

Section 400.030 Authority.

[R.O. 1997 §400.030; Ord. No. 1088 §2, 12-9-1991]

This Chapter is adopted under the authority granted by Section 89.010, RSMo., et seq., of the Missouri Statutes and amendments thereto.

Section 400.040 Intent.

[R.O. 1997 §400.040; Ord. No. 1088 §2, 12-9-1991]

It is the general intent of this Chapter to:

Regulate the use of all structures and lands in the community;

Regulate lot coverage, population density and distribution, and the location, height and size of all structures;

Secure safety from fire, flooding, panic, and other dangers;

Provide adequate light, air, sanitation, and drainage;

Further the appropriate use of land and conservation of natural resources;

Obtain the wise use, conservation, development, and protection of the City's water, soil, wetland, woodland, and wildlife resources, and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses;

Stabilize and protect the beauty of the area;

Encourage orderly growth while integrating new urban areas into the fabric of the community, maintaining a high-quality environment, and promoting fiscal responsibility;

Lessen congestion in and promote the safety and efficiency of the streets and highways;

10.

Facilitate the adequate provision of public facilities and utilities; and

11.

Bring about the gradual conformity of uses of land to the Comprehensive Plan and to the Zoning Regulations set forth in this Chapter and to minimize the conflicts among uses of land and buildings.

Section 400.050 Definitions.

[R.O. 1997 §400.050; Ord. No. 1088 §2, 12-9-1991; Ord. No. 1115 §§4 — 5, 3-8-1993; Ord. No. 98-1244 §1, 1-5-1998; Ord. No. 1573 §1, 1-19-2009]

Rules For Interpretation Of Definitions.

Words and numbers used singularly shall include the plural and the plural, the singular. Words used in the present tense shall include the future.

The word "persons" includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver, agent or other representative.

The word "shall" is mandatory.

The words "use," "occupy," or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.

Definitions. For the purpose of this Zoning Code, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

ACCESSORY USE OR BUILDING

A subordinate building or use which customarily is incidental to that of the main building or use of the premises. Customary accessory uses include, but are not limited to, tennis courts, swimming pools, garages, air conditioners, garden houses, children's play houses, barbecue ovens and fireplaces.

ALLEY

A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is twenty (20) feet or less in width.

ALTERATION

As applied to a building or structure, is a change or rearrangement of the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered an alteration.

ANIMAL HOSPITAL OR CLINIC

An establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. (This does not include open kennels or runs.)

APARTMENT

See "dwelling, multiple."

BASEMENT

That portion of a building having more than one-half (1/2) of its height below grade.

BED-AND-BREAKFAST

A family home, occupied as a permanent residence by the proprietor, in which lodging and meals are provided for time-limited durations to not more than four (4) groups of patrons in a twenty-four-hour period.

BOARD OF ADJUSTMENT

That Board which has been created by the Board of Aldermen having jurisdiction and which has the statutory authority to hear and determine appeals and variances to the Zoning Regulations.

BOARD OF ALDERMEN

The Governing Body of the City of Cassville.

BOARDING OR LODGING HOUSE

A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons. Individual cooking facilities are not provided.

BUILDING

Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; of the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.

CLINIC

See "medical, dental or health clinic."

COMMON OPEN SPACE

An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities, such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

DAY CARE

Care of a child away from his/her own home for any part of the twenty-four-hour day, for compensation or otherwise. Day care may be given in a day-care home or a day-care center.

DAY CARE CENTER

A facility other than the provider's permanent residence, or separate from the provider's living quarters, where care is provided for children for any part of the twenty-four-hour day, as defined in regulations issued by the State of Missouri.

DAY-CARE HOME

A family home, occupied as a permanent residence by the day-care provider, in which care is given to no more than ten (10) children, not related to the day-care provider, for any part of the twenty-four-hour day, as defined in regulations issued by the State of Missouri.

DISTRICT

A section or sections of the zoning area for which this Chapter governing the use of land, the height of buildings, the size of yards, and the intensity of use are uniform.

DOG

Any canine species over six (6) months of age.

DWELLING

Any building or portion thereof, except mobile homes for purposes of use regulations, which is designed and used exclusively for residential purposes.

DWELLING, MULTIPLE

A building having accommodations for and occupied by more than two (2) families, independently.

DWELLING, SINGLE-FAMILY

A building having accommodations for and occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY

A building having accommodations for and occupied by two (2) families, independently.

EXISTING STRUCTURE

A structure in existence at the time of the adoption of this Chapter.

EXISTING USE

A use in existence at the time of the adoption of this Chapter.

FAMILY

One (1) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit; plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house, hotel or motel.

FLOOR AREA

For Computing Off-Street Parking Requirements. The gross floor area of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings and shall include the following area:

(1)

The basement floor area;

(2)

The area of each floor of the structure; and

(3)

Attic space having head room of seven (7) feet to ten (10) feet or more.

Floor Area For Determining Floor Area Ratio. As used herein, shall be computed as the sum of the following areas:

(1)

The gross horizontal areas of the several buildings measured from the exterior faces of exterior walls or from the center line of a wall separating two (2) buildings, which shall include floor area utilized for stairwells or elevator shafts and floor space used for mechanical equipment (except equipment open or enclosed, located on the roof);

(2)

Basement floor area;

(3)

Attic space having head room of seven (7) feet to ten (10) feet or more;

(4)

Interior balconies and mezzanines;

(5)

Enclosed porches;

(6)

Floor area devoted to accessory uses; and

(7)

Interior malls.

FLOOR AREA RATIO

The maximum percentage of allowable floor area of a building or complex (including both principal and accessory buildings) computed by dividing the floor area of said complex or buildings by the area of the building site.

FRONTAGE

The length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street.

GARAGE, PRIVATE

An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

GARAGE, PUBLIC

A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles.

GROUP-CARE HOME

A residence or building in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons as house parents or guardians. Provided, however, that any home meeting this definition (group-care home), shall generally conform to the appearance within the neighborhood constructed and, in order to maintain reasonable densities, no group-care home shall be permitted within eight hundred (800) feet of another group-care home.

GRADE

For buildings having walls facing one (1) street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.

For buildings having walls facing more than one (1) street, the grade shall be the average of the grades [as defined in Subsection (1) above] of all walls facing each street.

For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.

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

HOTEL

A building or portion thereof, or a group of buildings, used as a transient abiding place, which may or may not serve meals, and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, or other similar designation.

INSTITUTION

A building occupied by a non-profit corporation or a non-profit establishment for public use.

KENNEL, BOARDING

Any place, area, building, or structure where dogs [including those under one (1) year in age] are boarded, housed, cared for, fed, or trained by other than the owner.

KENNEL, BREEDING

Any place, area, building, or structure where more than three (3) dogs are kept for purposes of breeding, raising, or as pets.

LODGING HOUSE

See "boarding house."

LOT

A parcel of land occupied or intended for occupancy by one (1) main building or a complex of buildings, together with the accessory structures and including the open spaces and parking required by this regulation, which may include more than one (1) lot of record or metes-and-bounds-described tract having its principal frontage upon a public street or 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 the rear lot lines.

LOT, DOUBLE FRONTAGE

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

LOT, FRONT

The front of a lot shall be that narrowest dimension abutting a street right-of-way. On corner lots which have two (2) equal sides which abut on a street right-of-way, either side may be considered the front of the lot.

LOT, REAR

The rear of a lot shall be that side opposite the front of the lot.

LOT OF RECORD

A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds prior to December 9, 1991.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Manufactured homes are additionally identified as those structures fabricated on or after June 15, 1976, bearing a seal certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective for all mobile home construction on June 15, 1976.

MANUFACTURED HOME PARK

Any area, piece, parcel, tract, or plot of ground equipped as required for support of mobile homes and offered for use by the owner or representative for mobile home park purposes and/or ground upon which three (3) or more mobile homes are parked, whether for compensation or not, including all accessory uses thereof. The term "mobile home park" does not include sales lots of which unoccupied mobile homes are parked for the purpose of inspection and sale. See Article V, Supplementary Regulations.

MEDICAL, DENTAL, OR HEALTH CLINIC

Any building designed for use by one (1) or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include an apothecary.

MOBILE HOME

A transportable structure larger than three hundred twenty (320) square feet in floor area, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on June 15, 1976.

MOBILE HOME, DOUBLE-WIDE

A mobile home that consists of two (2) or more sections that are transported separately and assembled at the site into one (1) structure of a width of not less than twenty (20) feet.

MOBILE HOME, SINGLE-WIDE

A mobile home that consists of one (1) section which the main body, exclusive of expansions or extensions, is not more than sixteen (16) feet in width.

MODULAR HOME

A manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.

NON-CONFORMING STRUCTURE

A structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

NON-CONFORMING USE

An existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendments hereto.

NURSING HOME or CONVALESCENT HOME

An institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

PARKING SPACE

An area surfaced for all-weather use including gravel, sand, or comparable material for the purpose of storing one (1) parked automobile. For the purpose of this regulation, one (1) parking space shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet. In computing off-street parking, additional space shall be required for access drives for each parking space.

PERMANENT FOUNDATION

A foundation which supports a building, which must include concrete footings which extend below the frost level, and consists of poured concrete or concrete masonry units to the level of the sill plate. The foundation wall must be completely enclosed, except for vents and access areas, which must have closures.

PLACE

An open, unoccupied space, other than a publicly dedicated street or alley, permanently reserved as the principal means of access to abutting property.

PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission for the City of Cassville.

PROFESSIONAL OFFICE

Any building or part thereof used by one (1) or more persons engaged in the practice of law, accounting, architecture, engineering, or other occupation customarily considered as a profession.

PUBLIC UTILITY

Any business which furnishes the general public:

Telephone service;

Telegraph service;

Electricity;

Natural gas;

Water and sewer; or

Any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State.

RECREATIONAL VEHICLE

A vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet.

RESTAURANT

A public eating establishment at which the primary function is the preparation and serving of food.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street crosswalk, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or for another special use.

SALVAGE YARD

An area of land with or without buildings, used for collection or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material; or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A deposit or the storage on a plot of two (2) or more wrecked or broken-down motor vehicles or parts of two (2) or more such motor vehicles for one (1) week in a residential district, or for three (3) weeks or more in any other district, shall be deemed a salvage yard.

SANITARY LANDFILL

A lot or parcel of land used primarily for the disposal and burial of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste.

SECRETARY OF THE PLANNING AND ZONING COMMISSION

The Zoning Administrator or other individual appointed by the Planning and Zoning Commission to perform prescribed administrative duties.

SERVICE STATION

A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; self-service pumps without buildings shall also be included. Such services shall include tire recapping, body repairs, or major overhaul.

SIGHT TRIANGLE

An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points ten (10) feet from their point of intersection or at equivalent points on private streets, except that the site triangle shall be increased to twenty-five (25) feet for certain uses, when deemed necessary for traffic safety by the Board of Aldermen.

SIGN

Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business but shall not include any display of official notice or official flag.

SPECIAL USE PERMIT

Special use permits provide permission under special conditions to use land as stipulated in each of the Zoning District Regulations.

STORY

That portion of a building, other than a basement, 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.

STREET

A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.

STREET LINE

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

STREET NETWORK

EXPRESSWAYA street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

ARTERIALA street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.

COLLECTORA street which provides for traffic movement between arterials and local streets, which direct access to abutting property.

LOCALA street which provides direct access to abutting land, and local traffic movement whether in business, industrial, or residential areas.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:

Attachment of a new front where structural supports are not changed.

Addition of fire escapes where structural supports are not changed.

New windows where lintels and support walls are not materially changed.

Repair or replacement of non-structural members.

STRUCTURE

Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures, and street signs.

TAVERN

An establishment in which the primary function is the public sale and serving of alcoholic beverages for consumption on the premises.

TRAILER OR RECREATIONAL VEHICLE

A vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, and motor homes. Mobile homes and modular homes shall not be considered trailers or recreational vehicles.

TREATMENT FACILITY FOR DRUG AND ALCOHOL ABUSE

Any facility which is certified by the State of Missouri Division of Alcohol and Drug Abuse of the Department of Mental Health for such treatment.

YARD

A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

YARD, FRONT

A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the building setback line.

YARD, REAR

A yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line.

YARD, SIDE

A yard extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the side yard shall be measured horizontally, between the side lot line and the furthest architectural projection of the structure.

ZONE or DISTRICT

A section of the zoning area for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.

ZONING ADMINISTRATOR

The person or persons authorized and empowered by the Board of Aldermen having jurisdiction to administer the requirements of these Zoning Regulations.

ZONING AREA

The area to be zoned as set out on the official Zoning Map filed of record.

ZONING REGULATIONS

The term "Zoning Regulations" or "this Chapter" or "Zoning Code" shall mean the requirements stipulated in this Chapter.

Section 400.060 Annexation of Land.

[R.O. 1997 §400.060; Ord. No. 1088 §2, 12-9-1991]

The following factors should be considered as factors in finding a proposed annexation, voluntary and involuntary, reasonable and necessary:

There must be a need for residential, commercial or industrial sites within the proposed area;

The City is unable to meet its needs without expansion;

Only needs which are reasonably foreseeable and not visionary should be considered;

Past growth may be relied upon to show future necessity;

In evaluating future needs, the extent to which past growth has caused the City to spill over into the proposed area should be considered;

The beneficial effect of uniform application and enforcement of municipal Zoning Codes in the City and in the annexed area;

The need for or the beneficial effect of uniform application and enforcement of municipal building codes;

The need for or the beneficial effect of extending Police protection to the annexed area;

The need for or the beneficial effect of uniform application and enforcement of municipal ordinances or regulations pertaining to health;

10.

The need for and the ability of the City to extend essential municipal services into the annexed area;

11.

Enhancement in value by reason of adaptability of the land proposed to be annexed for prospective City uses; and

12.

Regularity of boundaries.

Section 400.070 Severability and Non-Liability.

[R.O. 1997 §400.070; Ord. No. 1088 §2, 12-9-1991]

If any Section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.

Section 400.080 Abrogation and Greater Restrictions.

[R.O. 1997 §400.080; Ord. No. 1088 §2, 12-9-1991]

Public Provisions. The provisions of this Zoning Code are not intended to interfere with, abrogate, or annul any other City rule, regulation, Statute, or other provision of law. Where any provision of this Chapter imposes restrictions different from those imposed by any other Statute, rule, regulations, or other provision of law, whichever provisions are more restrictive, or impose higher standards, shall control.

Private Provisions. The provisions for this Zoning Code are not intended to abrogate any easement, covenant or any other private agreement, or restriction, provided that, where the provisions of this Zoning Code are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this Zoning Code shall govern.

Section 400.090 Interpretation.

[R.O. 1997 §400.090; Ord. No. 1088 §2, 12-9-1991]

In their interpretation and application, the provisions of this Chapter shall be liberally construed in favor of the City and shall not be construed to be a limitation nor repeal of any other power granted by the Missouri Statutes.

Section 400.100 Savings Provision.

[R.O. 1997 §400.100; Ord. No. 1088 §2, 12-9-1991]

This Zoning Code shall not be construed as abating any action now pending under, or by virtue of a prior existing Zoning Code, or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any Section or provision existing at the time of adoption of this Chapter, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the City, except as follows:

If the applicable regulations of this Chapter or any amendment to the ordinance after issuance of a building permit, granting of a variance or issuance of a special permit make the proposed use under such building permit, variance or special permit non-conforming as to the use and bulk regulations, and no substantial construction or substantial operations for non-building uses have been undertaken on the structure or foundation, or conducted for the non-building uses, within one hundred twenty (120) days after the effective date of the adoption of this Chapter and any amendments thereto, the building permit, special permit, or variance shall be invalid. If substantial construction or substantial operations have taken place and are continuing at the time, the proposed use may be completed.

Section 400.110 Application of Regulations.

[R.O. 1997 §400.110; Ord. No. 1088 §2, 12-9-1991]

No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located, and unless it is on at least one (1) lot, as herein defined, except in Industrial Districts. Each lot may be divided into two (2) building sites by a lot split, provided each portion can meet all area, lot width, and setback regulations of the zoning district in which it is located. Each lot of record as herein defined may also support one (1) principal building so long as it complies with all applicable zoning regulations. If more than one (1) building site is desired, the land must be platted pursuant to Chapter 405, Subdivision Regulations.

No building shall hereafter be erected or altered than is specified herein for the district in which such building is located:

To exceed the height;

To accommodate or house a greater number of facilities;

To occupy a greater percentage of lot area; or

To have narrower or smaller rear yards, front yards, side yards, inner or outer courts.

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Chapter shall be included as a part of a yard or other open space similarly required for another building.

Averaging Setbacks. In any residential district, where the two (2) adjacent residences have a front yard which is less or greater than the least front yard depth prescribed elsewhere in this Chapter, the required depth of the front yard on such lot may be modified. In such case, the front yard shall not be less than the average depth of the existing front yards on the two (2) adjacent lots. However, in no case shall the depth of the front yard be less than ten (10) feet and need not exceed fifty (50) feet; and in no case shall the depth of a front yard of a corner lot be less than twenty (25) feet.