(A) Front yards. The front yard requirements of this chapter for dwellings shall not apply to any lot where the average depth of existing front yards on developed lots, located within 300 feet on each side of such lot on the same block face, is less than the minimum required front yard depth. In such cases, the depth of the front yard on such lot may be less than the required front yard, but not less than the average of the existing front yard depth on the developed lots. In residential districts, however, the front yard shall in no case be less than 25 feet in depth.
(B) Lot of record.
(1) Where the owner or subsequent owner of a lot of official record at the time of the adoption of this chapter does not own sufficient land to enable him or her to conform to the yard or other requirements of this chapter, an application may be submitted to the Board of Zoning Appeals for a variance from the terms of this chapter in accordance with § 151.309. Such lot may be used as a building site, provided however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the Board of Zoning Appeals.
(2) If a proposed structure to be built on a substandard lot of record complies with all of the setback requirements for the zoning district in which the lot is located, a variance need not be obtained and the building permit may be issued.
(C) Adjoining substandard lots of record. Where two or more substandard lots of record with a continuous frontage are under the same ownership, such lots shall be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.
(D) Exception on height limits. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flag poles in non-residential districts, radio towers, masts and aerials, provided other district requirements are met. The height of flagpoles located in residential districts shall not exceed the maximum heights allowable under § 151.025
(D)(6).
(E) Appurtenances. Appurtenances are permitted to encroach into required yards as follows:
(1) Gutters, eaves, sills, belt courses, cornices, pilasters, and other ornamental features are permitted encroachments into a required yard provided that they do not project more than 24 inches into the required yard but shall be no closer than 36 inches to a property line.
(2) Bay windows or bays (up to 16 feet wide) are permitted encroachments into a required yard provided that they do not project more than 42 inches into the required yard for a distance not more than one-third of the length of such building face/wall and are no closer than 42 inches to a property line.
(3) Chimneys, steps, fire escapes, and balconies are permitted encroachments into a required yard but shall be no closer than 42 inches to a property line.
(4) Porches are permitted encroachments into a required yard provided that they do not project more than 72 inches into the required yard: however, porches in a front yard shall be no closer than 20 feet to the back of the curb or, in the case of a rural road, the edge of pavement. Porches that encroach into required yards shall not be permitted to be enclosed with walls to increase the habitable area (heated and cooled space) of a structure. In no case shall a porch be no closer than 42 inches to a property line.
(`00 Code, § 11-204) (Ord. 2005-10, passed 8-22-05; Am. Ord. 2019-05, passed 5-13-19)