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Front, side and rear yard setbacks provided in the Area Yard and Height Requirements table of this chapter shall apply to buildings on all lots, unless otherwise specified.
(A) The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the same block and use district and fronting on the same street as the lot, is less than the minimum required front yard depth. In this case, the setback on the lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way line, whichever is greater.
(B) Side and rear yard setbacks on residentially zoned lots which are legally non-conforming in size may be reduced proportionally to the percent reduction in the size of the lot from the minimum for the respective district, but said reduction shall not exceed 50% along any lot line, side or rear.
(‘58 Code, § 19-101) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
On a corner lot in any district other than the Central Business District or R-4 district, no planting, structure, sign, fence, wall, or obstruction to vision more than three feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street center lines, and a straight line connecting points on the street center lines, each of which is 75 feet, or 150 feet for major streets, distant from the point of intersection.
(‘58 Code, § 19-103) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
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.
(‘58 Code, § 19-53) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Only one principal or primary building and its customary accessory buildings may hereafter be erected on any residential lot, except as authorized by § 92.021 or as otherwise explicitly permitted in this chapter, and no building shall be erected on any residential lot which does not abut at least 20 feet contiguously, on a publicly dedicated or maintained street.
(‘58 Code, § 19-54) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Fences or walls consisting of either masonry, rock, wire, vinyl, wrought iron or wooden material, and hedges may be installed on the boundaries of any residential lot, except that the height of the fencing or screening shall be limited to a maximum height of four feet between the street right-of-way line and the normal building setback line for the section of the yard adjacent to a street on the front, side or rear of the lot. This includes corner lots and lots with a road on the back property line. If the fence is above 30 inches, the fence must be set back from the corner in accordance with Section 40.51-52. Fencing and hedges on all other boundaries of residential property and fences behind the building setback line shall be limited to a maximum of eight feet, provided, however, that nothing herein contained shall prohibit chain-link fences up to ten feet in height for tennis courts.
(‘58 Code, § 19-55) (Am. Ord. 90-39, 12-17-90; Am. Ord. 11-23, passed 7-18-11; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Whenever the regulations of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or lesser number of stories, or require a greater percentage of the lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes or agreements, the regulations and requirements of this chapter shall govern. Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this chapter, the provisions of the statute or agreement shall govern.
(‘58 Code, § 19-140) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Customary home occupations may be established in a dwelling or accessory building in any residential district. The following requirements shall apply in addition to all other applicable requirements of this chapter for the residential district in which the uses are located.
(A) The home occupation shall be clearly identical and subordinate to the residential use of the dwelling or accessory building and shall not change the residential character of the premises.
(B) Residents of the premises only may be engaged in the home occupation, except that not more than one assistant may be employed by the following professional persons: lawyers, physicians, dentists, and chiropractors.
(C) No display of products shall be visible from the street, and only products made on the premises or used as incidental to the occupation may be sold on the premises.
(D) No internal or external alterations inconsistent with the residential use of the building shall be permitted.
(E) No mechanical, electrical, electronic, or chemical equipment may be used which would cause any noise, odor, vibration, smoke, radio, or television interference or any other nuisance detrimental to the residential character of the neighborhood.
(F) Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupations.
(G) Off-street parking shall be provided for all customers or the one assistant that may be employed by the following professionals: lawyers, physicians, dentists, and chiropractors.
(‘58 Code, § 19-65) (Ord. 80-3, passed 3-3-80; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Accessory dwelling units (ADUs) are allowed on residential lots in conjunction with primary dwelling units under the following conditions.
(A) There may be no more than one ADU per residential lot. All lots must be in conformance with size and dimensional requirements of this chapter.
(B) ADUs must meet the same standards and building codes as residential dwellings. Manufactured homes, sheds, recreational vehicles and campers are not permissible as ADUs.
(C) Total heated square footage and any associated spaces of an ADU shall be limited in size to 50% of the heated square footage of the primary dwelling or 750 square feet, whichever is less.
(D) Regardless of other provisions of this chapter, ADUs shall be subordinate to primary dwellings in both placement and dimension. In no case shall an ADU be taller, wider or longer than its associated primary dwelling.
(E) Attached ADUs or those otherwise built into the interior of a primary dwelling, such as garage apartments and additions, shall not extend into the front yard or beyond the original front exterior of the primary dwelling. Such units shall have their entrances only on the side or rear of the primary structure and shall meet all other area yard and height requirements of this chapter
(F) Detached ADUs shall be in accordance with area yard and height requirements of this chapter for their associated zoning district and shall be placed in accordance with said requirements.
(G) ADUs shall be serviced under the same utility accounts as the primary structure and shall not be assigned unique addresses or use separate mailboxes.
(H) ADUs shall be provided at least one designated off-street parking space and shall not feature a separate driveway in the front yard.
(I) Unobstructed and easily discernible access shall be provided to the front door of all ADUs at all times for direct contact by city and county public safety, emergency services and inspections personnel. Any fences or other barriers must be remain unlocked for such purposes.
(J) ADUs shall be in compliance with all other provisions of this chapter including uses such as homestays and bed and breakfasts.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
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