No portion of a principal or accessory structure or use, including garages, porches, steps, carports, and decks, shall project into any minimum front, side, or rear yard as shown on Table B and Table B-1 in § 155.028, except as provided below.
(A) An architectural or structural feature such as an eave, chimney, bay window, roof overhang, cornice, sill, awning, canopy, or similar feature may extend or project into any required yard not more than two feet.
(B) An uncovered porch, landing, deck, or steps (except for safety railings) which do not extend above the level of the first floor of the building, a fire escape, or uncovered stairs may extend or project into any required yard no more than four feet. Structures approved by this division (B) may not be later enclosed or extended above first floor level except by Board of Zoning Appeals approval.
(C) An accessory structure, as defined, shall not be located in the front yard nor located closer than five feet to the side or rear lot line.
(D) (1) Accessory uses, as defined, and the following yard improvements are not subject to setback regulations and are permitted in any required front, side, or rear yard; provided they do not violate other sections of this chapter: fences; gazebos; flagpoles; arbors and trellis; outdoor barbecues; walks; driveways; parking spaces; decorative driveway entrance features; curbs; retaining walls; utility installations for local service such as pole, lines, hydrants and telephone booths; lattice work screens; trees; shrubs; flowers and plants; gardens; mail boxes; nameplates; ponds; lamp posts; recreational equipment; bird baths and houses; dog houses; children’s play houses; bushes; hedges; and landscaping of a similar nature.
(2) This section does not include accessory structures, as defined, except for those listed above.
(E) Air conditioners rated at 24,000 BTU or less shall not be so placed hereafter so as to discharge air within five feet of lot lines, and those rated over 24,000 BTU so as to discharge air within 12 feet of lot lines, except where the air conditioners are separated from lot lines either by projections of buildings or by streets, alleys, or permanent open space at least 20 feet in minimum dimensions.
(F) Principal and accessory structures on lots which abut more than one street shall provide the required front yards along every street. Lots which abut a driveway or other easement of access which serves as a principal means of access for one or more lots must also meet front yard setbacks along said easement.
(G) On corner lots, lot width requirements need to be met along only one street right-of-way; provided § 153.030 is met.
(H) Where 25% or more of the lots within a block or for a distance within 350 feet of the proposed building on the same side of the street if not within a block are occupied by buildings, the average setbacks of the buildings determines the front yard setbacks, however, if there is not any other building within the block or within 350 feet in either direction, then the standard setback for the district shall apply.
(I) Front yard or building setback lines established in recorded subdivisions establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in the applicable district.
(J) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.
(K) (1) On a corner lot, nothing shall be erected, placed, planted, parked, or allowed to grow in such a manner as to materially impede vision between a tight of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street right-of-way of such corner lots and a line joining points along the street lines 15 feet from the point of intersection.
(2) This requirement shall also apply at the entrance to access drives which lead to commercial or industrial developments.
(3) In addition to regular setback (yard) requirements for structures, a bufferyard (as defined) shall be provided and maintained by the owner or lessee of a property in accordance with this section.
(a) BUFFERYARDS are the horizontal distance adjacent to side and rear property lines, measured perpendicularly between adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features.
(b) Bufferyards also help to maintain existing trees or natural vegetation to block or reduce noise, glare, or other emissions, and to maintain privacy. Bufferyards are required between most land uses on adjacent properties in order to reduce the impact of one use on another. Generally, more intensive uses require greater amounts of buffering than less intensive uses.
(c) This section applies only to changes of use, the construction of a principal structure on a lot, or the expansion of any existing principal structure by 50% or more.
(4) (a) Bufferyards, where required, shall be located along side and rear property lines.
(b) In the I-1 or I-2 Districts, bufferyards shall also be required along the front property line when adjacent to or facing a residential district.
(c) On lots which abut a street along more than one property line, the site plan shall designate which property line shall be considered the front, and bufferyards shall be provided along all other lines.
(d) Bufferyards shall have the necessary widths and planting and fencing material as required in this section.
(5) To determine the required widths and materials of bufferyards, the following procedure shall be used:
(a) Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of the proposed use and/or structure by referring to Table A in § 155.027.
(b) Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of an existing adjacent use be referring to Table A of this chapter. For vacant land and for existing, adjacent uses, non- conforming to the zoning district in which it is located, refer to the Zone Map for the district classification of the land and/or use.
(c) 1. Determine the bufferyard requirements for the proposed use and/or structure by referring to Table C below.
2. Go down the left hand column to the bufferyard classification of the proposed use and then go across the matrix either to the adjacent existing bufferyards classification, or the adjacent vacant land (Zoning District) and refer to the Roman Numeral (I, II, III, IV, or V) in the corresponding box which indicates the buffering type.
(d) 1. Refer to the bufferyard type in Illustrations I through V below.
2. Any one of the alternative bufferyards may be selected.
Bufferyard Classification | Adjacent Existing Bufferyards Classification | Adjacent Vacant Land (Zoning District) | |||||||
— | A | B | C | D | E | AG | RR—R-1 | B-1—B-4 | I-1—I-2 |
Bufferyard Classification | Adjacent Existing Bufferyards Classification | Adjacent Vacant Land (Zoning District) | |||||||
— | A | B | C | D | E | AG | RR—R-1 | B-1—B-4 | I-1—I-2 |
A | X | X | X | X | X | X | X | X | X |
B | V | I | II | III | IV | II | III | V | V |
C | V | IV | I | II | III | IV | III | IV | IV |
D | V | IV | III | I | II | V | IV | I | I |
E | V | IV | III | II | I | V | V | I | II |
Notes to Table: X — No bufferyard required | |||||||||
(7) The following additional standards apply to bufferyards.
(a) All bufferyards shall be maintained and kept free of debris, rubbish, weeds, and tall grass.
(b) There shall be no structures, outdoor storage, or parking and loading facilities in bufferyards, except for agricultural or residential uses.
(c) Where setback area is limited, bufferyards may be coterminous with the required front, side, or rear setback areas, but in case of conflict, the larger yard area regulation shall apply.
(d) All plants shall be planted within one year of the improvement location permit issuance or within six months of project completion, whichever is shorter, and all plants shall be properly maintained. Any plants which do not live or are destroyed shall be promptly replaced.
(e) Deciduous trees shall be a minimum of six feet in height when planted. Deciduous shrubs shall be a minimum of two feet in height when planted.
(f) Evergreens shall be a minimum of four feet in height when planted.
(g) Berms shall be a minimum of four feet in height.
(h) Fencing shall be at least six feet in height and subject to all regulations hereof.
(i) Flowering trees and shrubs shall be encouraged in bufferyards.
(8) Screening (as defined) shall be required if the site cannot accommodate the bufferyard classification as shown in Table C, Class IV, and/or V. On any parcel of land where there is an existing use or structure, the Zoning Administrator may waive all, or part of, the required bufferyard if it is physically impossible to locate the required bufferyard due to non-conforming lot size, existing structure, or parking lot location, or other similar reasons.
(L) Canopies for an automobile service station, drive-in bank, drive-in restaurant, or similar use where outside pedestrian activity is necessary may be constructed to the property line; provided that the canopy is at least 12 feet in height and no more than 25% of the required front and side yard area is covered by the canopy.
(M) When an accessory structure is attached to a principal structure by a breezeway or roofed passageway, the accessory structure shall be deemed to be part of the principal structure and shall maintain principal structure yard requirements. This section does not apply to accessory structures which exist on the effective date of this chapter and any subsequent attachment to the principal structure or the existing accessory structure.
(N) An existing mobile home or manufactured home which does not meet setback requirements may be replaced provided the replacement mobile home does not encroach into the required setback area to any extent greater than the existing home.
(Prior Code, § 153.030) (Ord. 93-02, passed 2-1-1993; Ord. 2011-1, passed 2-22-2011)