§ 153.52  CRITERIA FOR GRANTING PERMIT.
   (A)   No residence building or structure shall hereafter be established within the residence district of the city unless the same is situated on a lot including at least 5,000 square feet.
   (B)   Front yard. No residence building or structure shall be established or an existing building reconstructed or altered on any premises within the residence district which is bordered by a city street or proposed city street in a manner that the front of the building or structure shall be less distance from the front lot line than the average improved building front on that street in that block, but in no case shall the setback line be less than 20 feet from the front lot line. This minimum setback line may be increased for any single block by the Board of Adjustment upon its approval of a petition of 3/4 of the owners of the lots fronting the street requesting an increase.
   (C)   Side yard. No building or structure shall hereafter be constructed or reconstructed on any premises in the residence district so that any portion thereof shall be closer to the sideline of the building lot than 8 feet. Provided that when the side lot shall abut upon a side street, the Board may require a side yard of not less than 8 feet nor more than 20 feet on the side abutting the street.
   (D)   No private garage or accessory building shall be built within 15 feet of the front lot line and the garage or accessory building shall be at least 8 feet from the side lot line.
   (E)   Rear yard. If the rear of a building lot abuts upon an alley that is used and open to the public, a residence shall not be established nearer the rear lot line than 5 feet. If the building lot does not abut upon an alley, no residence shall be established nearer the rear lot line than 15 feet.
   (F)   For any onsite setback inspection, the property owner(s) or contractor shall attempt to locate the property(s) and boundary areas necessary for the City Building Inspector to make his or her appropriate determination. In addition, the Building Inspector shall use the means and maps of the city reasonably at his or her disposal to make a reasonable effort to locate the same. If the property line/boundary areas are not located following reasonable means and inspections, the City Building Inspector, or the City Council, may require the property owner(s) or contractor, at the owner’s or contractor’s expense, to hire or retain a registered land surveyor or engineer to do a survey of the property or to otherwise located the property line(s) or boundary areas. Once the boundaries are found and the setback compliance has been obtained, the property owner(s) and contractor may proceed with construction.
(Prior Code, § 17.16.030)  (Ord. 2012-02A, passed 12-17-2012)