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All paved areas and other impervious surfaces, including game court surfaces, shall be set back a minimum of five feet (5') from any property line. However, nothing in this section shall prohibit the paving of that portion of a driveway or walkway within five feet (5') of the intersection of the driveway or walkway and the public right-of-way.
In addition, paving within a front yard shall require a building permit and shall comply with the following restrictions:
A. Coverage Of Paving: Not more than thirty three percent (33%) of the area of a front yard shall be paved. In addition, one walkway that does not exceed five feet (5') in width shall be permitted to be paved provided that the total area of the paved walkway does not exceed the total square footage derived by multiplying the depth of the front yard by five feet (5').
B. Circular Driveways: Notwithstanding the provisions of subsection A of this section, if a site area is permitted to have two (2) driveway approaches pursuant to section 8-4-4 of this Code, and a circular driveway is constructed on such site area, the front yard may be paved in the minimum amount necessary to construct a circular driveway not exceeding twelve feet (12') in width. In addition, paving shall be permitted to construct one walkway not exceeding four feet (4') in width connecting such driveway to the residence, and one driveway not exceeding nine feet (9') in width connecting the circular driveway to parking that is required by this Code and if located behind the front yard.
C. Building Setbacks For Paving: No portion of a front yard within five feet (5') of a building shall be paved, except for a driveway, and a walkway of no more than ten feet (10') in width.
D. Flag Lots: Notwithstanding the provisions of subsections A and B of this section, if the front yard of a site area does not exceed thirty six feet (36') in width, no provision of this section shall prohibit the paving of a driveway that does not exceed twelve feet (12') in width, or such additional width as determined necessary by the City Engineer to provide for reasonably safe access to the site area.
E. Paving Buffer: An opaque wall or hedge not less than two feet (2') nor more than three feet (3') in height shall be provided and maintained along the front and sides of each area paved, except at a driveway approach or walkway entrance.
F. Paving Materials: All paving shall be Portland cement concrete or its equivalent, applied in accordance with specifications satisfactory to, and approved by, the Director of Building and Safety. Paving with asphaltic concrete shall not be permitted. No more than three (3) different types of pavement materials shall be used in any front yard. Any additions to paved areas shall be consistent with the existing paved areas in design, appearance, and material used.
G. Alternate Materials And Methods: The provisions of this section are not intended to prevent the use of any material, or method of construction not specifically prescribed by this section provided that any such alternate has been approved pursuant to this subsection as follows:
1. The Director of Building and Safety may approve any such alternate provided that the Director finds that the material or method of construction advances the purposes of this section and provides at least the equivalent of that prescribed by this section in quality, strength, effectiveness, and durability.
2. The Director of Building and Safety shall require that sufficient evidence be submitted to substantiate any claim that may be made regarding the suitability of an alternate.
H. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape. (Ord. 1158, eff. 9-20-1962; amd. Ord. 1216, eff. 10-21-1965; Ord. 73-O-1493, eff. 11-1-1973; Ord. 75-O-1575, eff. 7-3-1975; Ord. 81-O-1787, eff. 4-2-1981; Ord. 89-O-2081, eff. 12-7-1989; Ord. 92-O-2147, eff. 9-4-1992; Ord. 93-O-2176, eff. 8-20-1993; Ord. 94-O-2202, eff. 7-22-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 18-O-2755, eff. 7-20-2018)