The rear setback for any building or structure in the R-3, R-4, R-4X1, or R-4X2 zone shall be fifteen feet (15') from the rear lot line or twenty two and one-half feet (221/2') from the centerline of the abutting alley, whichever is greater.
A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20').
B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking.
C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if:
1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion,
2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and
3. The reviewing authority finds that:
a. The proposed structure does not exceed one story and does not exceed fourteen feet (14') in height or the height of the existing garage or carport, whichever is lower;
b. The proposed structure is designed to be used only for off street parking purposes;
c. The proposed structure is set back from the rear property line a minimum of five feet (5') to allow for an adequate vehicular turning radius to provide ingress to and egress from the proposed structure;
d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties;
e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and
f. The proposed structure does not impede or prevent solid waste collection services.
Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking.
D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a property owner to add one or more units above an existing garage or carport pursuant to section 10-3-2819 of this article.
E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15') to ten feet (10') to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806E of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, "maximum allowable floor area" shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum density permitted by this article. For the purposes of calculating the maximum allowable floor area, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines.
1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided:
a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley.
b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806E of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and
c. The planning commission finds that:
(1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape;
(2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air;
(3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and
(4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003)