(A) Reduction. The minimum lot size requirement for a particular site may be reduced by the Commission in conjunction with proposed subdivisions filed for approval under Chapter 150 of this code of ordinances.
(B) Establishing dimensions. Setback lines established in recorded subdivisions establish the dimensions of setback areas in the subdivisions; except when the setback lines may be less restrictive than those required in the applicable district under this chapter.
(C) Average setbacks, dimensions. In improved blocks, as defined in § 152.004, the average setbacks or height of the buildings determines the allowable dimensions of such in the block.
(D) Projection, mechanical units. No part of any structure or its associated mechanical units shall project into a required front setback area, except the following:
(1) An eave, cornice, overhang, awning, balcony or bay window not exceeding four feet; provided that the encroachment shall not protrude closer than 20 feet to a front lot line;
(2) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding 18 inches; provided that the encroachment shall not protrude closer than 20 feet to a front lot line; and
(3) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and not to project a distance in excess of ten feet.
(E) Projection, structures. No part of any structure shall project into a required side or rear setback area, except the following:
(1) Mechanical units associated with the principal structure only;
(2) An eave, cornice overhang, awning, balcony or bay window not exceeding four feet; provided that the encroachment shall not protrude closer than five feet to any side or rear lot line;
(3) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding 18 inches; provided that the encroachment shall not protrude closer than five feet to any side or rear lot line; and
(4) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level.
(F) Transitional setback buffers.
(1) Transitional setback buffers are intended to separate different land uses from each other and are intended to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas; or to provide spacing to reduce adverse impacts of noise, odor or danger from fires or explosions. Plantings provided in connection with transitional setback buffers also assist in reducing air pollution hazards.
(2) Wherever a commercial or industrial use is located adjacent to a residential use, there shall be a transitional setback buffer of at least 25 feet.
(3) No transitional setback buffer is required whenever the adjacent land has the same zoning classification as the property being developed.
(4) Transitional setback buffers shall be located at the perimeter of the building site for any given use.
(5) The transitional setback buffer shall be used only for fences, walls or landscaping according to standards outlined elsewhere in this section.
(6) Transitional setback buffer requirements shall apply to all new development and re-development.
(G) Fences, walls and the like.
(1) Ornamental fences, walls and structural screens may be permitted in any required side or rear setback area in accordance with the accessory structure height requirements of the respective zone district. Ornamental fences, walls and structural screens may be permitted in any required front setback area in accordance with the accessory structure height requirements of the respective zone district; provided that no fence, wall or structural screen in a front setback area in residential zoned districts shall be allowed to exceed 42 inches in height. The height shall be determined by measurement perpendicular from the nearest ground level. All fences, walls and structural screens are subject to the requirements of § 152.021.
(2) Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with agricultural or recreational use or a security fence in non-residential districts.
(3) The provisions of this section shall not apply to retaining walls.
(H) Storage. No portion of any required setback area shall be used for the storage of motor vehicles, trailers, airplanes, boats or parts thereof or of any rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this chapter, for a period of 48 or more consecutive hours in any one-week period.
(I) Intersection visibility.
(1) Nothing shall be erected, placed, planted or allowed to grow in a manner as to impede vision between a height of two and one-half feet and ten feet above the center line grades of intersecting streets and drives. The "visibility triangle" is hereby established as follows.
(a) For corner lots, the triangle is defined as the area formed by the street center lines and a line connecting points 75 feet for local and collector streets, and 150 feet for arterial streets, as measured from the intersection of the street center lines.
(b) Upon the occasion when a driveway or alley intersects with a local or collector street, the visibility triangle is formed by the center lines of driveways, alleys and streets and a line connecting points 40 feet for driveways and alleys and 75 feet for local and collector streets, as measured from the intersection of the center lines.
(c) Upon the occasion when a driveway or alley intersects with an arterial street, the visibility triangle is formed by the center lines of driveways, alleys and streets and a line connecting points 65 feet for driveways and alleys and 150 feet for arterial streets, as measured from the intersection of the center lines.
(2) The provisions of this section shall not apply to official warning signs or signals necessary to the public safety.
(J) Access and frontage. Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street, or with frontage and access to an approved private street or access easement, and all buildings shall be so located on lots as to provide for safe and convenient access, on-site circulation, fire protection and required off-street parking.
(K) Units. In any district, no more than one principal structure and its customary accessory uses shall be located on a single lot; except that principal structures designed and platted as a single unit under single ownership and control, such as a multi-family residential project, business shopping center or combined industrial operations, are permissible on a single lot.
(L) Height. The height limitations contained in the zone district regulations do not apply to spires, belfries, cupolas, parapets, silos and farm structures, antennas, water tanks, ventilators, chimneys, towers or other appurtenances usually required to be placed above the roof level; provided that, the appurtenances are not intended for human occupancy. Such appurtenances as towers of mechanical or structural necessity with a roof area equal to or in excess of 50% of the average floor area of the building shall be considered a part of the height of the building.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)