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A. All yards required by this title shall be provided and remain as open, unobstructed space.
B. No part of a yard or open space required by this title for any structure shall be included as part of a yard or open space for any other structure, unless otherwise allowed by this title.
C. The following may be located within an otherwise required yard, provided they are used in conjunction with a use permitted in the underlying zoning district:
1. All Required Yards: Awnings, shutters, canopies; arbors and trellises; swimming or wading pools less than eighteen inches (18") deep; play equipment; chimneys projecting not more than twenty four inches (24") into the required yard; flagpoles; steps necessary for access to a building or lot; fences and walls as provided in section 16-3-21 of this chapter; hedges and other vegetation, and accessibility ramps and landings, except that landings which exceed five feet (5') in any horizontal dimension shall meet setback requirements. Poles, posts, and other customary yard accessories, ornaments, and furniture may be located in any yard subject to requirements limiting obstruction of visibility and height limitations.
2. Required Front Yards: Bay windows, oriels, or balconies projecting not more than five feet (5') into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third (1/3 ) the distance to the front property line from an exterior wall; off street parking.
3. Required Rear Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; open and unroofed off street parking spaces, patios and terraces; bay windows projecting not more than five feet (5') into the required rear yard; overhanging eaves and gutters projecting into the required rear yard not more than one-third (1/3) the distance to the rear property line from an exterior wall.
4. Required Side Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; overhanging eaves and gutters projecting into the required side yard not more than one-third (1/3) the distance to the side property line from an exterior wall; open off street parking, except as provided for in chapter 14 of this title.
5. Continuing Maintenance Required: The maintenance of any yard, open space, minimum lot area, or off street parking spaces required by this title shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off street parking area required by this title for any building, structure or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addition, no yard or lot existing at the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which such yard or lot is located. (Ord. 52-09, 10-19-2009)
Accessory structures and uses shall only be permitted as specifically authorized within each individual district of this title, and shall be subordinate to and on the same zoning lot with the principal structure or use in conjunction with which it is maintained. (Ord. 52-09, 10-19-2009)
A. Location: No accessory use or structure permitted by this title may be located in a required front yard, except as otherwise specifically authorized. No accessory structure, equipment or material of any kind exceeding five feet (5') in height may be located in a required side yard.
B. Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or structures and the principal structure it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory structures or uses exceed the lot coverage of the principal structure it serves, with a maximum of one thousand (1,000) aggregate square feet for all detached structures.
C. Accessory Structure Height Limitations: No accessory structure permitted by this title shall exceed a height of fifteen feet (15') measured from average ground level. Satellite receiving dishes, wind energy conversion systems, and building mounted wind turbines shall comply with the bulk regulations of chapter 7 of this title.
D. Side And Rear Yard Setbacks: Side yard setbacks for all permitted accessory structures or uses shall be the same as required for the principal permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory structures or uses shall be six feet (6') for all zoning districts. Side and rear yard setbacks for detached storage sheds no larger than one hundred twenty (120) square feet in area shall be three feet (3') for all zoning districts, provided such structure is located at least six feet (6') from the primary structure. (Ord. 52-09, 10-19-2009)
No accessory structure may be used for residential dwelling purposes at any time, except as allowed in section 16-8-5 of this title. (Ord. 52-09, 10-19-2009)
In all other zoning districts, accessory structures and uses shall be permitted with or without conditions if the city planner deems the structure or use customarily incidental to and subordinate to the principal structure or use it serves. Such structures and uses within nonresidential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, and satellite receiving dishes shall comply with the requirements established in section 16-7-2-14 of this title and wind turbines (building mounted) shall comply with the requirements established in section 16-7-3-7 of this title. (Ord. 52-09, 10-19-2009)
The following accessory uses shall require site plan approval in accordance with chapter 12 of this title and, where applicable, compliance with additional supplemental land use regulations as established in chapter 7 of this title, prior to their establishment on the premises:
Greenhouses over one hundred (100) square feet in area.
Satellite receiving dishes.
Swimming pools.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009)
The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, stair towers, and other necessary mechanical appurtenances and their protective housing but not to include equipment penthouse that constitutes more than thirty percent (30%) of the roof area. (Ord. 52-09, 10-19-2009)
A. Purpose: The purpose of the administrative waiver process for residential freestanding solar arrays is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and protecting investments made by surrounding property owners.
B. Issuance Of Waiver: The city planner shall issue a waiver only for freestanding solar arrays that comply with the following criteria. If the following criteria are not met, then the applicant still has the opportunity to apply for a special exception through the zoning board of adjustment.
C. Criteria:
1. An administrative waiver for a freestanding solar array is available in the following residential and office zoning districts: R-1, R-2, R-2A, R-3, R-4, OR and OC districts.
2. An administrative waiver is available for a freestanding solar array up to a maximum of twenty feet (20') in height and five hundred (500) square feet in area.
3. That all abutting property owner(s), including property owner(s) directly across the street, alley or platted public right of way agree to the requested freestanding solar array by signing a waiver form supplied by the planning services office.
4. That a site plan depicting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared by the applicant and reviewed for completeness by the planning services office staff.
5. That an elevation rendering of the freestanding solar array indicating maximum height and width of the installation shall also be prepared by the applicant and reviewed for completeness by planning services office.
6. The applicant shall meet with each property owner and review with them the site plan and elevation rendering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form.
D. Completion Of Process: Planning staff will verify that the application is complete and that all waiver forms are signed, have the applicant sign before a notary that they met with all the neighboring property owners and received their signatures, and notify the building services department that an administrative waiver has been approved. (Ord. 58-16, 11-21-2016)
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