1128.03   EXCEPTIONS TO YARD REGULATIONS.
   (a)   Number of Structures per Lot.  No more than one principal structure shall be located on a lot or tract, except that a conditional use permit may be issued in accordance with Chapter 1132: Administration, Process and Procedures, to permit additional buildings on the lot or tract, provided a site plan is submitted which complies with all Zoning Code requirements and adequately addresses area traffic, safety, parking, utilities, storm drainage and environmental protection.  Accessory buildings are not subject to this restriction.
   (b)   Front Yard.
      (1)   Deviations of Setback Requirements.
         A.   When 40% or more of the lots fronting on one side of a street between two intersecting streets have been improved with buildings and the front yards provided are greater than the required minimum front yard of that zoning district, thereafter no building shall be erected with a front yard less than the least front yard provided on that block.
         B.   When 40% or more of the lots fronting on one side of a street between two intersecting streets have been improved with buildings, and the front yards provided are less than the minimum front yard required in that zoning district, thereafter future construction on this block shall be permitted to have a front yard setback equal to the average of the building setbacks on the nearest 40% of the lots.
      (2)   Double Frontage Lots.  On double frontage lots the required front yard shall be provided on the street of address and the greater of the required front or rear yard setbacks shall be required on the parallel street.
      (3)   Encroachments of Patios and Porches.  An uncovered patio, terrace, stoop or landing, completely open to the sky, may project into a required front yard of a residence for a distance not exceeding 10 feet.  Fixed canopies, porches, roofs, or awnings shall also be permitted to project into a required front yard for a distance not exceeding 10 feet, if the following conditions are complied with:
         A.   The property is zoned "SR" or "UER";
         B.   The dwelling was constructed prior to November, 1988;
         C.   The cover is a minimum of seven feet from the front property line;  and
         D.   The canopy or awning is supported by posts and remains open sided.  This shall preclude the use of all permanent or temporary enclosing materials.
   (c)   Side Yard.
      (1)   Housing Built Prior to 1955.  Where the main building on any lot in a residence district has been erected prior to June 6, 1955, additions to such building may be erected, provided the side yards shall have a combined width of not less than 12 feet and provided that no side yard shall have a width of less than five feet.
      (2)   Unenclosed Porches.  An unenclosed porch, porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and shall not be less than five feet from the side lot line.
   (d)   Rear Yard.
      (1)   Fire Escapes and Chimneys. Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Inspector for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.
   (e)   Corner Lots.
      (1)   Required Yards.  On a corner lot, for setback purposes, the lot shall maintain two front yard setbacks and two side yard setbacks as regulated by the particular zoning district and subsection (e)(3) hereof.
      (2)   Nonresidential Lots. Where a corner lot in any business or industrial district abuts upon a lot in any residential dwelling district, the side yard of the corner lot shall not be less than one-half of the required front or side yard on the lot in the residential dwelling district.
      (3)   Platted after 1976.   Any corner lot platted after the effective date of this Zoning Code, February, 1976, shall have an exterior side yard of a minimum of ten feet.
   
   (f)   Lot Coverage.  All parts of the premises beyond the maximum lot coverage area shall be open to the sky, except for ordinary projections of sills, belt courses, cornices, and ornamental features.  Such features shall not project more than eighteen inches.
(Ord. 34-17.  Effective 12-7-17.)