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§ 6.101  YARDS.
   (a)   Yards to remain unobstructed. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except that:
      (1)   Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than six inches into a required yard;
      (2)   Eaves may project not more than 36 inches into a required yard;
      (3)   A terrace garage in any residential district may be located in a front or side yard, provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors when open, shall not project beyond the property line, and that the structure shall be set back at least five feet from any property line; and
      (4)   The front yard setback shall be measured from the front property line to the main wall of the structure. An open porch or patio that has a vertical roof support may not be set closer than 15 feet from the front property line on a local street and ten feet on a limited local street.
   (b)   Multifamily/nonresidential districts adjacent to residential districts.
      (1)   For corner lots in multifamily and nonresidential districts that abut the front yard of a lot with residential zoning, the exterior minimum side yard requirements shall be the same as the front yard requirements of the adjacent residential lot.
      (2)   Structures are not permitted to be located in this yard area, nor can such area be used for signage, garbage collection, loading and/or parking of vehicles, any type of storage, or any nonresidential activity.
      (3)   This required yard area shall not be graveled or hard-surfaced, but shall be maintained as open green space, save and except for necessary driveways.
   (c)   Multifamily/nonresidential districts across the street from residential districts.
      (1)   Zero lot line/cluster (“R1”) and townhouse/cluster (“R2”) districts. For zero lot line/cluster (“R1”) and townhouse/cluster (“R2”) districts that fronts a public or private street classified as a residential or collector street and that are across the street from a one-family residential or a multifamily district, the front, side and rear setback requirements shall be the same as the setback requirements for the residential or multifamily district.
      (2)   Nonresidential districts. Property located in “FR” through “K” districts that fronts a public or private street classified as a residential or collector street and that is across the street from a one-family residential or a multifamily district, the front, side and rear setback requirements shall be the same as the setback requirements for the residential or multifamily district.
      (3)   Setback requirement. The setback requirement shall apply to the entire front, side or rear yard and shall not be limited to the portion of the property that is directly across the street from a residential district. The setback requirement shall extend through the entire block face.
   (d)   Front yard setbacks.
      (1)   The front yard setback in residential districts shall be the greatest of:
         a.   The platted building line;
         b.   The setback for the applicable zoning district; or
         c.   The setback of the nearest building on either side that is the closest to the street, up to a maximum setback of 50 feet, provided that said setback is not the result of a variance granted by the board of adjustment. This requirement is applicable only if homes have been constructed on at least 40% of the lots within the blockface. This requirement does not apply to properties within a cul-de-sac.
      (2)   Where 60% of the existing block face has been built such that the setbacks of existing structures are less than the minimum required setback, an infill structure may be constructed consistent with the setback of the nearest building on either side that is closest to the street, regardless of whether said setback is the result of a variance granted by the board of adjustment.
   (e)   Through lots. If the rear frontage of a through lot is on an arterial or wider street, the rear yard setback standards for the applicable district apply. If the rear frontage of a through lot is located on a local or collector street, the front yard setback standards of the applicable district shall apply.
   (f)   Projected front yard setbacks.
      (1)   Corner lot.
         a.   Where a corner lot abuts on the side of a lot facing the other intersecting street, there shall be a side yard on the corner lot equal to the front yard required on the lot adjacent to the rear of the corner lot or separated only by an alley.
         b.   Where a corner lot abuts the rear of a lot with a greater side yard setback, there shall be a side yard on the corner lot equal to the side yard required on the lot that abuts to the rear of the corner lot or separated only by an alley.
   Picture 6.3 Projected Front Yard Setback, Corner Lot
      (2)   Interior lot. Where an interior lot abuts another zoning district, there shall be a projected front yard equal to the most restrictive front yard required on any lot in the same block face.
   Picture 6.4 Projected Front Yard Setback, Interior Lot
   (g)   Rear yard exception adjacent to railway. No rear yard shall be required in the “ER” to “K” districts inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
   (h)   Yards and official line for future rights-of-way. Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a yard shall be measured from such official line to the nearest line of the building. No commercial or industrial building shall be located closer than 30 feet to the centerline of the street.
   (i)   Historic overlay district setbacks. Where the historic district has been built such that the setbacks of existing structures are less than the minimum required setback, an infill structure may be constructed consistent with the setbacks established in the historic district, regardless of whether said setback is the result of a variance granted by the board of adjustment.
(Ord. 13896, passed 10-12-1999; Ord. 15816, § 3, passed 1-6-2004; Ord. 15826, §§ 2, 3, passed 1-13-2004; Ord. 15926, § 1, passed 3-23-2004; Ord. 16393, § 1, passed 4-19-2005; Ord. 16651-10-2005, § 1, passed 10-11-2005; Ord. 16924, § 5, passed 5-2-2006; Ord. 18902-11-2009, §§ 1, 2, passed 11-3-2009; Ord. 20984-10-2013, § 1, passed 10-7-2013; eff. 11-5-2013)