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In a Class I Residential, Class II Residential or Class III Residential District, every building erected shall have a rear yard. The least dimension of a rear yard shall be not less than fifteen percent of the depth of the lot. However, in the case of any building more than two and one-half stories in height, such least dimension shall not be less than one-half the height of the building. Such least dimension need not be more than twenty-five feet in any case.
(1956 Code Sec. 1319.06)
(A) The area in a side or rear yard shall be open and unobstructed from the established grade, or from the finished grade if higher than the established grade, to the sky. However, ordinary projections such as window sills, belt courses, cornices and other ornamental features may project not more than four inches. When the wall of the building is not within five feet of the lot line and the building is not over two and one-half stories in height, the cornice or eaves may project not more than two feet into such yard.
(B) An open iron fire escape may project not more than four feet into a side yard or rear yard.
(1956 Code Sec. 1319.07)
Between a building line, as herein established, and the street line no building or portion of a building other than an unenclosed porch may be erected. In a Class I Residential, Class II Residential or Class III Residential District, building lines shall be established as follows:
(A) On property fronting on any street, a line which is back of the street line a distance equal to twenty percent of the average or normal depth of the lot, provided such distance is not less than thirty feet, shall be the building line for such street frontage. When in any portion of such street frontage there are lots of markedly less depth than the normal, the Board of Adjustment, in defining and applying the front yard line regulation established herein, may, when in its opinion the general purpose and intent of this section will be better served thereby, divide such street frontage into sections for the application of the above twenty percent building line requirement.
(B) Building lines shall be based on existing alignment in the following cases:
(1) On property fronting upon any street where twenty-five percent or more of such frontage on the respective side of the street is improved with residences between two adjacent streets, the average distance back from the street line of the houses already built in such square shall be the building line instead of the thirty feet herein established.
(2) On property fronting upon any street where sixty percent or more of such frontage between two adjacent streets is improved with buildings that are built at the street line, the street shall be the building line for that square.
(C) On property abutting two intersecting streets, the front yard shall be the yard serving as the principal means of access to the respective residences. In cases of connected residences having principal access from both streets, there shall be front yards upon both streets, and each building line shall be distant from its respective street line twenty percent of the lot dimension as measured from the respective street line or as otherwise specified herein. In cases where corner lots are developed with more than one residence building, the buildings, other than the one bordered by both streets, shall each have building lines distant from their front street lines twenty percent of the lot dimensions from such street lines, provided that buildings upon corner lots shall conform to the alignment of building or yard lines on adjacent lots which have similar direction of principal dimension in the original plat.
(1956 Code Sec. 1319.08)
(A) The Board of Adjustment shall have the power to vary the building line requirements of Section 1248.08.
(B) Whenever a recorded plat of a subdivision imposes building lines upon a particular parcel of land, the action of the Board shall have no effect thereon.
(C) Any person may enclose an existing front porch without obtaining a variance from the Board, provided that:
(1) Such enclosure will not expand existing foundation lines or extend any portion of the building beyond such lines.
(2) The written consent of all abutting and adjoining owners is obtained and filed with the Building and Zoning Administrator prior to obtaining a building permit.
(Ord. 109-76. Passed 8-2-76.)
(3) (EDITOR'S NOTE: Section 1248.09(c)(3) was repealed by Ordinance 192-86, passed December 1, 1986.)
On a corner lot no fence or other structure more than three and one-half feet in height above the plane of the established grades of the streets shall be erected on any part of the front yard or side yard herein established that is included within the street right-of-way lines of intersecting streets and a line connecting such street lines, at a point which is twenty feet from their point of intersection measured along such street lines. No planting or foliage shall be placed or maintained within such area that, in the judgment of the Zoning Administrator, will materially obstruct the view of a driver of a vehicle approaching the intersection.
No fence which is more than three and one-half feet in height above the plane of the finished grade of the lots at the division line between lots shall be erected in any part of a front yard or side yard between the front building line and the front lot line. The provisions of this section shall apply only to Class I Residential, Class II Residential and Class III Residential Districts.
(Ord. 224-18. Passed 9-24-18.)
An accessory use customarily incidental to a use permitted in a Class I Residential District, a Class II Residential District or a Class III Residential District shall be permitted in, respectively, a Class I Residential District, a Class II Residential District or a Class III Residential District, subject to the limitations stated herein:
(A) Billboards and Advertising Signs. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use, except:
(1) "For sale," "For lease," and "For rent" signs that are twelve square feet in area or less; and
(2) Nameplates that are two square feet in area or less and that display only the name and occupation of physicians, surgeons, dentists, artists, musicians or other professional persons, real estate or insurance salesmen or brokers or other persons carrying on a customary home occupation. However, such signs shall not project from or be placed in advance of the dwelling or principal building on the premises.
(B) Offices and Home Occupations. The office of a physician, dentist, surgeon or other professional person may be located in the dwelling or apartment used by such person as his private residence or in an accessory building on the lot. Customary home occupations, including only uses conducted in dwellings or in accessory buildings on the rear of the lot, involving only the services of persons using the premises as their private residences and entailing no external changes in the building and no internal changes in the structural form of the building, such as the removal of partitions or floors or parts thereof, shall be permitted. Such permitted uses shall be restricted to those that are not offensive by reason of the emission of odor, dust, smoke, gas, noise or vibration, those that are not accompanied by an unreasonable number of calls or stops by either pedestrians or vehicles and to those that may be unsightly or otherwise objectionable, such as by reason of accumulation of materials or debris.
(C) Special Structures. No structure, other than the accessory buildings on the rear of a lot, shall be erected that is designed or constructed with any special structural appearance for use as a business, trade, industry or other use conducted for gain.
(D) Accessory Buildings. "Accessory buildings" shall not include, whether or not modified, vehicles, trailers, box cars, water craft, or other commercial and portable storage units. Accessory buildings less than 240 square feet may only be located in the rear yard of the property and must be a minimum of five feet from the side and rear lot lines. (For accessory storage buildings great than 240 square feet see Chapter 1262.01(A) "Private Garages.")
(E) Private Pools. Pools constructed as accessory uses in Residential Districts may only be located in the rear yard of the property and must be a minimum of five feet from the side and rear lot lines. Private pools must also be fenced in compliance with Chapter 1262.02(G) "Swimming Pools, Spas and Hot Tubs."
(F) Employing Additional Persons. No use shall be conducted in a Class I Residential, Class II Residential or Class III Residential District that employs the services of persons not residing on the premises and that is of a commercial nature involving sales or any operation or transaction of manufacture, distribution, sale, collection, accounting or clerical record, except as specified herein as a permitted accessory use.
(G) Renting Rooms; Table Board; Accessory Use in Hotels and Apartment Houses. In a dwelling or apartment occupied as a private residence, one or more rooms may be rented or table board furnished. A restaurant, public dining room, newsstand or other customary service may be located in a hotel use, provided that the public entrance to such dining room or restaurant is within the building and further provided that no window or other display or sign is used to advertise such use. Such facilities as are required for the operation of a hotel or apartment house or for the use or entertainment of guests or tenants of the hotel or apartment house shall be permitted when conducted or entered only from the interior of the building, provided that no window or other display or sign is used to advertise such use.
(H) Services in Railway Passenger Stations; Private Garages. A newsstand or other customary service may be located in a railway passenger station as an accessory use. A private garage shall not be permitted as an accessory use except as provided in Section 1262.01.
(1956 Code Sec. 1319.11)
(Ord. 210-04. Passed 11-8-04; Ord. 163-20. Passed 9-14-20.)