Every part of a required setback shall be unobstructed from ground level to the sky, except as follows or otherwise stated herein:
(A) In any setback. Setback restrictions shall not apply to posts; sills; pilasters; lintels, cornices; eaves; gutter; awnings; bay windows no more than ten feet in width, open terraces; uncovered porches ; steps; stoops; chimneys; ornamental features; open fire escapes; sidewalks; exposed ramps (wheelchair) or similar features provided they do not extend to a distance of less than three feet from any lot line nor less than one foot from any existing or proposed access drive. Also, setback restrictions shall not apply to yard lights and nameplate signs in residential districts; trees; shrubs; plants; floodlights or other sources of light-illumination, authorized lights or light standards for illuminating parking areas, loading areas, or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent, residential property. Accessory structures other than those listed above may be further subject to § 154.098. Fences, walls and required screening may be located in any required setback subject to § 154.101. Signs may extend into or be located in any required setback subject to §§ 154.125 through 154.136.
(B) Right-of-way. Awnings, canopies, signs and marquees may project over public rights-of-ways subject to obtaining a right-of-way encroachment permit.
(C) Front setbacks averaging. When more than 25% of the frontage on the side of a street between intersections is occupied by structures having setbacks from the street rights-of-way of greater or lesser amounts than hereinafter required, the average setback of all existing buildings between the intersections shall be maintained by all new or relocated structures. In the event a building is to be built where there is an established average setback different from that required hereinafter and there are existing buildings on one side only, the front setback of the new building needs to be no greater than that of the next adjoining existing building. In a case where a building is to be built where there is such an established average setback and there are existing buildings on both sides of the new building, the front setback shall not be required to be greater than that which would be established by connecting a straight line between the furthest extension of the first adjacent building on each side.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)