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(1) Building setback line. The building setback line is a line located at the inside edge of a required front, side, or rear yard. Structures may not encroach over a building setback line except as allowed in this ZDO.
(2) Right-of-way. Right-of-way means land dedicated, deeded, used, or to be used for a street, road, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up rights to the land so long as it is being or will be used for the dedicated purpose. Right-of-way also is a land measurement term, meaning the distance between lot property lines which generally contain not only the street pavement, but also the sidewalk, grass area, and underground or aboveground utilities.
(3) Yard. A required open area unoccupied and unobstructed by any building or by any structure or portion of a structure except as allowed by this ZDO. Fences, walls, and incidental structures (e.g., flagpoles, birdhouses or feeders, clothesline posts, etc.) may be permitted within a yard in accordance with the standards in § 166.08, Fences and Walls, and § 167.01-04(C)(5), Sight Distance Triangle.
(4) Yard, front.
(a) General. A yard extending between side lot lines across the front of a lot between the frontage line and the front building setback line. Fences or walls shall be in accordance with the standards in § 166.08, Fences and Walls.
(b) Double frontage lots. In the case of double frontage lots, yards areas meeting the standard for a front yard shall be provided on both frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement and substitute a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
(c) Corner lots. In the case of corner lots, a front yard of the required depth shall be provided between the lot frontage line and the front building setback, and a yard equaling half the depth of the required front yard shall be provided on any other frontage.
(d) Front yard depth required. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear lines of a required front yard shall be parallel.
(5) Yard, side.
(a) Generally. A yard extending from the front building setback line to rear building setback line. In the case of through lots, the side yard extends from the front building setback line to the opposing building setback line associated with the other yard. In the case of corner lots, the yards remaining after full and half-depth front yards have been established shall be considered to be side yards.
(b) Side yard width required. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.
(6) Yard, rear.
(a) Generally. A yard extending across the rear of the lot between the rear lot line and the rear building setback line. In the case of through lots, there will be no rear yard.
(b) Rear yard depth required. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The rear building setback line shall be parallel to the straight line so established.
(B) Yard encroachments. Every part of every required yard shall be open and unobstructed from the ground to the sky except as otherwise permitted in this ZDO.
(Ord. 05-10, passed 3-23-10)