(A) A yard or court, as defined in § 153.005, shall be unobstructed from the ground up by structures (other than fences, freestanding walls, signs and certain subsequently permitted deviations and projections). Where reference is to a "required setback" for a structure same shall designate the minimum yard therefor. No lot shall be reduced in such a manner to reduce any yard or open space below the minimum required therefor. No yard or open space required for a structure on one lot shall serve the same purpose for a structure on another lot. Through lots fronting on two streets shall be considered (for required setback purposes) as having two front yards. No device, such as doors and windows, may be so installed as to protrude beyond a lot boundary in the operation thereof.
(B) Yard deviations, where not in conflict with future width line:
(1) Front yard deviations.
(a) Where all or some of the existing buildings in the same block with a proposed building, and lying within 100 feet therefrom, vary from the minimum front yard requirements, then the average front yard depth for such existing buildings shall determine the required minimum yard depth for the proposed building (unless waived in writing by owners of the other buildings). In no case may such yard depth be less than the minimum required for the district, nor need the yard depth be required to exceed by 50% of the required minimum.
(b) On lots rising in elevation from front to center and exceeding 26% grade thereon, the front yard may be reduced not to exceed 50% of the required minimum.
(2) Side yard deviations.
(a) On any interior residential zoned lot lacking rear access (other than from the front street) and where a garage or carport is not attached to the principal building, then one side yard must measure no less than nine feet to provide access to rear parking.
(b) On a corner lot backing to a key lot no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot.
(c) When a lot sides on an alley, the required side yard adjacent thereto may be reduced not to exceed 50%, provided the reduced setback, plus half the alley width, is not less than the yard width required for the district.
(d) On legal sub-standard width lots, an interior side yard may be reduced by half the lot width shortage, provided the reduction does not exceed 25% of the required yard width.
(3) Rear yard deviations.
(a) On lots of less than 280 feet depth, the required rear yard shall be increased by the width of a potential half alley.
(b) On lots exceeding 280 feet depth, the required rear yard shall be increased by the width of a potential half street.
(C) Encroachment into yards, where not in conflict with future width lines: no structure (other than fences, freestanding walls or signs) shall be located so as to encroach upon or reduce any open space, yard, setback requirement, lot area or parking area as is designated under these provisions or under the provisions of the district in which located, except that:
(1) All yards encroachments.
(a) Cornices, eaves, coolers, decks and open balconies, fire escapes, stairways or fire towers may project no more than five feet into any required yard or court, but no closer than two feet from any lot boundary.
(b) Sills, leaders, belt course (and similar ornamental features) and chimneys may project two feet into any required yard or court.
(2) Front yard encroachments.
(a) A bay window, oriel, entrance or vestibule not exceeding a ten-foot width may project three feet into any required front yard.
(b) An attached open porch, deck or open balcony, or a carport may project no more than six feet into any front yard.
(3) Rear yard encroachments.
(a) A bay window, oriel, entrance or vestibule not exceeding a ten-foot width may project three feet into any required rear yard.
(b) An attached open porch, deck or open balcony, or a carport may project no more than ten feet into any required rear yard, but no closer than ten feet from any common lot boundary.
(c) A detached accessory structure may be placed in a required rear yard, provided same does not:
1. Encroach upon the end quarter of a through lot;
2. Be nearer the side lot line of the front half of any adjacent lot than the required side yard of such lot; or
3. Be nearer any property line than is allowed for a principal building for any portion of an accessory building to be used for dwelling or sleeping purposes. None of the foregoing provisions for detached accessory buildings shall limit such building from location farther than 75 feet from any lot boundary.
(D) Setbacks from streets and alleys (yard depth) are measured from the right-of-way or easement (or what would be such where only a partial right-of-way exists).
(E) Swimming pool setbacks from any lot boundary shall be no less than five feet on residential zoned lots and no less than 25 feet for any commercial (semi-public or public) pool.
(F) Courts from which rooms depend for natural ventilation of light must be open to the sky and maintain a minimum dimension of five feet, plus one additional foot width for each story above the first.
(G) Additional setback requirements in commercial zones:
(1) Any residential district uses in a commercial zone shall maintain the same yards required by the density district, except that where dwelling units, or guest units, occupy an upper floor (the ground floor of which is used for business), the upper floor may maintain the same yards as are permitted for the ground floor.
(2) A front yard of not less than 20 feet shall be required where the proposed commercial building is on a lot contiguous to a residential zoned lot fronting on the same street (unless waived in writing by the owner of the residential zoned lot).
(3) Where the side lot line of a commercial lot is common to the side lot line of a residential zoned lot, the side yard shall be no less than seven feet.
(4) Where the rear lot line of a commercial lot is contiguous to a residential zoned lot, the rear yard shall be no less than 15 feet.
(Ord. § 588, passed 9-4-2008)