(A) Application.
(1) Any yard or setback line so placed or oriented that none of the specific terms in this chapter are applicable shall necessitate a determination by the Executive Director of suitable dimensions generally required for a similar situation in the zone or district.
(2) Minimum required yards or building setback distances shall be unobstructed and open to the sky, except for customary projections and temporary storage as hereinafter provided, and signs in accordance with § 153.37 of this chapter.
(B) Yard encroachments. No structure or part thereof shall project into a required front yard except:
(1) An eave, cornice overhang, awning, balcony or bay window not exceeding four feet; provided, however, that in no event shall said encroachment protrude closer than 20 feet to a front lot line, subject to exceptions.
(2) The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet.
(3) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and not to project a distance in excess of ten feet.
(C) Projections. No structure or part thereof shall project into a required side or rear yard except:
(1) An eave, cornice, overhang, awning, balcony or bay window not exceeding four feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line.
(2) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line.
(3) Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level.
(4) Family swimming pools, see § 153.33(C)(4).
(D) Alley abutting rear or side yard. One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.
(E) Side yards. Where 60% or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this chapter, the average side yard of such buildings may determine the required side yard; provided, however, no side yard shall be reduced to less than three feet. Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards.
(F) Tapered yard formula for accessory building. Where an interior lot fronts on a side street in the rear of the corner lot by an alley, an accessory building located on the rear lot line of the corner lot shall set back from the side street as far as the dwelling on said interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the front lot line along the side street required by this chapter.
(G) Fences.
(1) Fences used for agricultural purposes, recreation use or the public safety shall not be regulated by this chapter.
(2) Fences used for residential purposes shall be allowed without the issuance of any permit, subject to the following provisions:
(a) Fences shall be allowed in side and rear yards up to a height of six feet.
(b) No setback shall be required for fences in side and rear yards.
(c) Fences shall be allowed to extend along side property lines provided that from the building setback line to the road right-of-way line they shall be of an open or wire mesh type and shall not exceed three and one-half feet in height.
(d) Fences shall not be permitted to block passage along existing sidewalks.
(e) Front yard fences within the building setback line shall not exceed six feet in height.
(f) Fencing intended for decorative purposes only, and which does not include any area to be completely enclosed, may be allowed on any part of a parcel, provided that it does not exceed three feet in height.
(3) (a) Fences and walls shall not be constructed of or contain any material which will do bodily harm such as electric or barbed wire, concertina wire including razor wire, broken glass, spikes, or any other hazardous material, except as follows:
1. A maximum of six parallel strands of barbed wire, in any configuration, is permitted in LB, GB, PB, I-1 and I-2 zoning districts surrounding outdoor storage areas. The barbed wire must be located a minimum of six feet above grade and placed above a security fence (chain link, hurricane fence, or solid panel) that is a minimum of six feet in height and a maximum eight feet in height. No part of the fence may extend over a public right-of-way.
2. The use of concertina wire including razor wire is permitted in I-1 and I-2 districts to protect outdoor storage areas and mini storage facilities and in other zoning districts the use of concertina wire and razor wire is limited to the protection of high security installations including correctional institutions, water and sewer facilities, power company electrical generation facilities, commercial bulk storage of fuel gas and anhydrous fertilizer and public transportation vehicle depots storing more than five publicly owned vehicles on publicly owned property. The concertina wire or razor wire must be located a minimum of seven feet above grade and place above a security fence (chain link or solid panel) that is a minimum of seven feet in height and a maximum eight feet in height. Security fences using concertina wire including razor wire must be flagged or tagged with clearly visible warnings at intervals of not less than 15 feet located between five feet and six feet above ground level with clearly visible warnings stating that the security fence is protected by concertina/razor wire. No part of the fence may extend over a public right-of-way.
3. Barbed wire or electrified fences enclosing livestock are permitted only in agricultural zoning districts.
(b) Failure to maintain barbed wire, concertina wire or razor wire atop a security fence in a condition and elevation consistent with the initial installation shall be considered a nuisance and enforced under the enforcement provisions of the area zoning code.
(H) Minor accessory uses and screening.
(1) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls - four feet, mail boxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard, without the issuance of any permit.
(2) Trees, shrubs, flowers, or plants shall be permitted in any required front, side or rear yard, except that vision clearance on corner lots shall be provided when required.
(I) Intersection visibility.
(1) In all districts, except the GB district, a triangular space at the street corner of a corner lot shall be maintained free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended at the corner of the lot.
(2) In the case of a rounded property comer, said triangular area shall be measured from the intersection of the street right-of-way lines extended.
(3) In addition, the above vision sight lines shall apply to any lot within ten feet from the intersection of a street right-of-way line with the edge of a driveway pavement or alley line. No driveway shall be located within 40 feet of the intersection of two street lines. (See § 153.36.)
(J) Storage.
(1) No portion of any required yard shall be used for the permanent storage of motor vehicles, recreational vehicles, mobile homes, traders,
airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this Code. (See § 153.33(C)(13) and (14) and § 153.38.) Recreational boats and trailers are to be considered as recreational vehicles for the purpose of storage. (See § 153.33(13).)
(2) Permanent storage for purpose of this subsection shall be construed as the presence of such storage for a period of 48 or more consecutive hours in any one week period. (See § 153.38.)
(Ord. 3095, passed 2-15-93; Am. Ord. 4632, passed 6-6-05; Am. Ord. 4953, passed 2-4-08) Penalty, see § 153.99