(A) Lots adjoining alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than ten feet to the near side of the alley.
(B) Exceptions to openness of required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.
(1) Window sills, belt courses, cornices, eaves, flues and chimneys (including enclosed or unenclosed), and ornamental feature may project two feet into a required yard.
(2) Terraces, patios, uncovered decks and ornamental features which have no structural element more than two feet above or below the adjacent ground level may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or 20 feet from any street property line.
(3) Uncovered deck may be attached to the rear of a house, and constructed so that it is no closer than 15 feet from the rear lot line of said property.
(4) Fire escapes, fireproof outside stairways and balconies opening to fire towers may project a maximum of three feet, six inches into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.
(5) For buildings constructed upon a front property line, a cornice may project into public right-of-way. Maximum projection is the smaller of four feet or 5% of the right-of-way width.
(6) In commercial and business districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15% of the area of the required front yard, and has a vertical clearance of at least eight feet, six inches.
(7) (a) Accessory buildings in residential districts, including private and community garages, may be located a minimum of two feet from the side lot line and ten feet from the rear lot line.
(b) The rear yard setback may be reduced to two feet if bounded by an alley if set back is 60 feet or more from the front lot line.
(c) An accessory buildings must have an additional rear and side setback of one foot for every two feet or portion thereof of height over 15 feet. Any such accessory building must be located at least six feet from the main structure.
(d) Accessory buildings in an R-1, R-2 or R-3 District shall not exceed 20 feet in height at the peak. No residential accessory buildings permitted on NTR park or subdivision lots.
(8) Lamp posts with a maximum height of ten feet, and flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five feet from property lines.
(C) Setback adjustments. These provisions apply if any of the buildings on that blockface have front yard setbacks less than those required for the specific district.
(1) If a building is to be built on a parcel of land within 100 feet of an existing building on one side only, the minimum front yard shall be the setback of the adjacent building.
(2) If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the blockface.
(D) Corner lots. Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.
(E) Double frontage lots. In the Rural Residential District zoned double frontage lots on a major street, and with no access to that street, may have a 25-foot minimum front yard setback along said street. All other double frontage lots must provide full front yard setbacks from each adjacent street.
(F) Antennas. No antennas are permitted in the front yard.
(G) Vision clearance zones.
(1) No structures, plantings to maturity, landscaping, fences, parked vehicles or other obstructions shall be built or placed above a maximum height of 30 inches above the established curb grade or radii 20 feet of less within, whichever is greater in clear zones, from a triangle formed by a line connecting points 13 feet along each leg from the property lines from their point of intersection and by a line connecting points 40 feet along each leg from the back of curb from their point of intersection and as extended to the public or private street or driveway, trail or traveled way which may obstruct the line of sign of drivers and/or pedestrians approaching the intersection as show in the first figure in division (H) below, labeled “Street curb radius <20’.” Radii greater than 20 feet shall be subject to the figure requirements.
(2) Vision clearance where private driveways and streets or courts meet shall be subject to approval of the Building Official.
(H) Attached structures extending into public rights-of-way within the Downtown Business District, excluding roadways. Attached structures, such as awnings, canopies and signs, may extend no more than 48 inches from the fagade or facewall of the building to which it is attached. These structures must maintain a vertical clearance of at least seven feet, six inches.
(Ord. 94-28, passed - -; Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999