(A) No yard, open space or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
(1) Awnings, arbors and canopies encroachment not to exceed six feet;
(2) Bay windows and chimneys, not to exceed two feet;
(3) Driveways, curbs and sidewalks;
(4) Fences, walls and hedges, subject to the regulations as set forth in this section;
(5) Flagpoles, light poles, mailboxes and similar miscellaneous placements;
(6) Garbage disposal equipment, nonpermanent;
(7) Landscape features, planting boxes;
(8) Overhanging roof, eave, gutter, cornice or other architectural features, not to exceed three feet;
(9) Parking space subject to the regulations set forth in § 155.049;
(10) Signs, subject to the regulations set forth in § 155.051;
(11) Covered steps, stoops, ramps, porches, decks, patios or terraces provided the total footprint of such structure(s) is not greater than 60 square feet in area, is not enclosed, and does not encroach into the required yard (set back area) more than six feet; and
(12) Trees, shrubs, flowers and other plants subject to the vision requirements in this section.
(B) The following regulations provide for the maximum safety of persons using sidewalks and streets, and for the maximum enjoyment of the use of property.
(1) On any corner lot where a front and side yard is required, no wall, vehicle, fence, sign, structure or any plant growth which materially obstructs sight lines at elevations between two and one-half feet and ten feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the point so established to form a slight triangle on the area of the lot adjacent to the street intersections.
(2) In any required front yard, except as provided in division (B)(1) above, no fence, wall, hedge or yard ornament shall be permitted which materially impedes vision across such yard above the height of three and one-half feet.
(3) Sound and safety barriers in the form of shrubbery, landscaping, opaque fences or walls along lot lines adjoining the rights-of-way of major or minor arterial streets with controlled intersections may be approved as a use permitted on review in accordance with § 155.073. The fee for the use permit hearing shall be waived where a property owner is seeking a use permit for a sound and safety barrier which is in existence at the time that this chapter is enacted.
(C) The purpose here is to clarify certain conditions pertaining to the use of lots and access points.
(1) In residential districts, if 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but, this regulation shall not require a front yard of a greater depth than 50 feet.
(2) In a residential district, if 50% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback of less than 25 feet and no building line varies more than five feet from this average setback line, then a building may be erected observing the average setback so established.
(3) Lots having frontage on more than one street shall provide the required front yards along those streets.
(4) Division of a lot.
(a) No recorded lot shall be divided into two or more lots unless such division results in the creation of lots each of which conform to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted. All subdivided property must be recorded on a new plat map according to procedure outlined in the subdivision ordinance (Chapter 154) of the city.
(b) No structure shall be constructed so as to be built on top of, or to extend over, platted property lines. Structures shall be required to comply with the set back requirements from property lines for the district in which they are located.
(c) No structure shall be constructed on any vacated street or alley without such vacated street or alley having been recorded on a new plat map and recorded in the County Register of Deeds office.
(d) Municipal utilities serving a property shall enter that property directly from the right-of-way or easement containing those municipal utilities, except where a legal utility easement has been provided for those utility services to cross separately platted properties.
(5) Dwellings on small lots: where there are existing recorded lots which do not meet the minimum lot area requirement and are under separate ownership. Single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.
(6) Principal uses without building: where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(7) Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the center line of the street easement.
(8) No dwelling shall be erected on a lot which does not abut on at least one street for at least 30 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main building if all other provisions of this chapter are complied with and the apartment dwelling complies with all applicable building codes.
(9) An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line, except that on any corner lot where an existing primary structure does not meet the setback requirements of the district, a private garage may be constructed to conform to the lines of the main structure provided:
(a) The approval of the building permit substantially adheres to the purpose and intent of this chapter;
(b) The proposed structure is not closer than four feet to any interior lot line; and
(c) The proposed structure meets with all other requirements of the district.
(10) Accessory buildings shall not be located in any required front yard.
(Prior Code, § 27-A-06-04) (Ord. 964, passed 2- -2000; Ord. 1016, passed 3- -2005)