(a) General provisions.
(1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard.
(2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the existing right-of-way, as determined by the thoroughfare plan, for all thoroughfares except for minor streets, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback.
(A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line.
(3) If a building is erected or altered to exceed 36 feet in height and the building site is either perpendicularly contiguous to or, if a front yard is treated as a side yard, perpendicularly across an adjoining street or alley from an R, R(A), D, D(A), TH, TH(A), or CH district, an additional setback must be provided that is equal to twice the total height of the building. The additional setback is only required for that portion of a building that exceeds 36 feet in height.
(4) A unitary air conditioning unit may be located in the required side yard, but not nearer than three feet to the property line..
(5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(b) Side yard provisions for residential districts.
(A) The minimum side yard between structures on contiguous lots must not be less than the minimum side yard required in Section 51-4.410.
(B) To reduce the required side yard, a subdivision plat must be approved by the commission and filed with the county clerk showing the location of all building lines, and showing the proposed distances between the building lines and property lines, streets lines, and alley lines.
(C) A person may not erect an accessory structure except for a swimming pool and its appurtenances in the double side yard.
(2) In a residential district, if a structure specified in Section 51-4.408(a)(1) is erected or altered to exceed the maximum height allowed in Section 51-4.410, an additional setback must be provided that is equal to one-half the height of that portion of the building that exceeds 36 feet, up to a maximum total setback of 50 feet. The additional setback is only required for that portion of a building that exceeds 36 feet in height. In case of conflict between Subsection (a)(3) and this provision, Subsection (a)(3) applies.
(3) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure:
(A) does not exceed 15 feet in height; and
(B) is located in the rear 30 percent of the lot.
Note: This paragraph does not apply to a front yard governed by the side yard regulations in Section 51-4.402 (such as a front yard treated as a side yard on a corner lot).
(4) In a TH, multiple-family, O-1, O-2, commercial, or central area district, a minimum of 15 feet between each group of eight single-family structures must be provided by plat.
(5) If a TH district abuts a district that requires a greater side yard, the side yard requirements of the more restrictive district apply to the abutting side yard in the TH district.
(6) In a manufactured home district, no person may locate a manufactured home nearer than 10 feet to the side line of any lot or stand, and the minimum space between adjacent manufactured homes must be 20 feet.
(7) In an MF-3 or MF-4 district, if a building is erected or altered to exceed 36 feet in height, an additional setback must be provided that is equal to one-half of the total height of the building, up to a maximum setback of 50 feet. In providing the additional setback, one side yard may be reduced up to 20 percent from the dimension required, if the other side yard setback is increased by a distance equal to the reduction. The additional setback is only required for that portion of a building that exceeds 36 feet in height. In case of conflict between Subsection (a)(3) and this provision, Subsection (a)(3) applies.
(c) Side yard provisions for nonresidential districts.
(1) In a nonresidential district, if a building is erected or altered to exceed 36 feet in height and the building site is either perpendicularly contiguous to or, if a front yard is treated as side yard, perpendicularly across an adjoining street or alley from an MF-1, MF-1(A), MF-2, or MF-2(A) district, an additional setback must be provided that is equal to one-half the total height of the building, up to a maximum total setback of 50 feet. The additional setback is only required for that portion of a building that exceeds 36 feet in height.
(2) Reserved.
(3) In an SC district, if a building site is adjacent to an R, R(A), D, D(A), TH, TH(A), or CH district, a minimum side yard of 20 feet must be provided.
(4) In an SC district, a minimum side yard of 20 feet must be provided for the side yard of a building site with a nonresidential use that abuts a residential district, as defined both in this chapter and in Chapter 51A, and that side yard must comply with Subsections (a)(3) and (c)(1).
(5) In an LC, HC, I-2, or I-3 district, a minimum side yard of 10 feet must be provided for the side yard of a building site with a nonresidential use that abuts a residential district, as defined both in this chapter and in Chapter 51A, and that side yard must comply with Subsections (a)(3) and (c)(1).
(6) In an O-1 district, one side yard may be reduced to zero if the other side yard is increased to a minimum of 15 feet. When an O-1 district abuts a residential district, as defined both in this chapter and in Chapter 51A, the side yards abutting the residential district must be:
(A) a minimum of 10 feet, if two side yards are provided; or
(B) a minimum of 15 feet, if only one side yard is provided.
(7) In an O-2, LO, MO, or GO district, if a nonresidential building is erected or altered to exceed 36 feet in height, an additional setback must be provided that is equal to one-half the total height of the building, up to a maximum total setback of 50 feet. The additional setback is only required for that portion of a building that exceeds 36 feet in height. In case of a conflict between this provision and Subsections (a)(3) and (c)(1), Subsections (a)(3) and (c)(1) apply.
(8) In an NS or GR district, a minimum setback of 20 feet must be provided for that portion of a side yard of a building site with a nonresidential use which abuts or is directly across an alley from:
(A) an R, R(A), D, D(A), TH, TH(A), or CH district; or
(B) that portion of a planned development district restricted to single-family and/or duplex uses.
(9) In an NS or GR district, a minimum setback of 10 feet must be provided for that portion of a side yard of a building site with a nonresidential use which abuts or is directly across an alley from:
(A) an R, R(A), D, D(A), TH, TH(A), or CH district; or
(B) that portion of a planned development district restricted to multiple-family and/or manufactured home uses.
(10) The minimum side yards required under Subsections (c)(8) and (c)(9) must also comply with Subsections (a)(3) and (c)(1).
(11) In an NO, LO, MO, or GO district, a minimum setback of 20 feet must be provided for that portion of a side yard of a building site which abuts or is directly across an alley from:
(A) an R, R(A), D, D(A), TH, TH(A), or CH district; or
(B) that portion of a planned development district restricted to single-family and/or duplex uses.
(12) In an NO, LO, MO, or GO district, a minimum setback of 10 feet must be provided for that portion of a side yard of a building site which abuts or is directly across an alley from:
(A) an A, A(A), MF, MF(A), MH, or MH(A) district; or
(B) that portion of a planned development district restricted to multiple-family and/or manufactured home uses.
(13) The minimum side yards required under Subsections (c)(11) and (c)(12) must also comply with Subsections (a)(3) and (c)(1).
(14) In an NO, LO, MO, or GO district, garbage collection and mechanical equipment areas may not be located closer than 20 feet to the nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH district, or that portion of a planned development district restricted to single-family and/or duplex uses.
(d) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum side yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(e) Schedule of minimum side yards.
(1) Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum side yard requirements of Section 51-4.410. (Ord. Nos. 17442; 17859; 18597; 18849; 19060; 19455; 20236; 20360; 22053; 30895)