Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.
A. Exceptions: The following shall not be considered as encroachments on yard setback requirements:
1. Cantilever building sections without a foundation and supported only by one wall of the structure, building elements supported by a foundation including chimneys, flues, leaders, sills, pilasters, lintels and other ornamental features up to ten feet (10') in width, and cornices, eaves, gutters, and the like may project not more than two feet (2') into a yard.
2. Terraces, steps, decks, stoops or similar structures:
a. For lots of record or preliminary platted lots established prior to March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops or similar structures constructed to the height of the ground floor of the principal structure may extend up to five feet (5') of a side yard lot line or ten feet (10') of a rear yard lot line, but not more than five feet (5') into a required front yard or side yard adjacent to a public right-of-way.
b. For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts the required side yard and rear yard setbacks for terraces, steps, decks, and stoops that are thirty inches (30") or less above grade shall be:
(1) Side yard: Five feet (5'), but not encroaching more than five feet (5') into the required side yard adjacent to a public right- of-way.
(2) Rear yard: Ten feet (10').
c. Except as may be limited within environmental protection districts, the required rear yard setbacks for steps, decks, and stoops that are more than thirty inches (30") above grade shall be twenty feet (20').
3. Ramps, lifts, railings, landings or other structures only to the extent necessary to provide access to the building for persons with disabilities in accordance with the Americans With Disabilities Act requirements.
4. Recreational and laundry drying equipment, arbors and trellises, gazebos, and air conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet (5') from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements.
5. For detached single-family or two-family dwellings in the Agricultural/Rural and Residential Districts, a one story enclosed entrance not exceeding ten feet (10') in width may extend into the front yard setback not more than five feet (5'), subject to the approval of an administrative permit and a building permit.
6. No encroachment shall be permitted in existing or required drainage and utility easements.
B. Restricted Uses And Areas: The required rear yard setback for a residential lot in an RS-2, RS-3, or RS-4 District backing onto a floodplain, a public open space, park, or other such similar publicly reserved and development restricted areas (excluding shorelands and public rights-of-way) may be reduced as follows:
1. The required rear yard setback may be reduced one foot (1') for each five feet (5') of public space, but in no case shall the rear yard requirement be reduced to less than twenty feet (20').
2. For rear yards abutting wetland or wetland buffer areas, the rear yard setback may be reduced as provided for by subsection B1 of this section provided the requirements of section 11-16-13 of this title are met.
C. Required Front Yard Setback Exceptions: In the case of lots platted prior to January 1, 1985, the principal building setback requirements for front and side yards adjacent to a public right- of-way, as established by the respective zoning districts, may be reduced upon the approval of an administrative permit, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than fifteen feet (15'), nor shall a principal structure be placed more than seven feet (7') beyond the setback of any principal structure on a directly abutting lot.
D. Triangular Lots: In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference.
(Ord. 674, sec. 1, 7-17-2000; amd. Ord. 739, sec. 1, 5-5-2003; Ord. 867, secs. 31, 32, 5-17-2010; Ord. 888, 2-21-2012; Ord. 936, 3-16-2015; Ord. 976, 3-6-2017; Ord. 1015, 8-5-2019)