The following general provisions dealing with open spaces, lot coverage, yards, setbacks, vision clearance, and permitted obstructions are provided for herewith:
A. Maintenance of Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, not legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
B. Location of Open Spaces: All yards, courts and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.
C. Yards for Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below if already less than, the minimum yard requirements of this Title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right of way for a street widening.
D. Required Setbacks: Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard, adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line as designated on the official map, and as duly established by other ordinances or as established by County or State highway authorities, whichever has the greater right-of-way width requirements.
E. Exceptions for Established Setbacks:
1. Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variation of 5 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:
a. Interior Lots:
(1) Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.
(2) Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building.
b. Corner Lots: The depth of the setback lines shall be as normally required in the district where the lot is located.
F. Vision Clearance; Corner Lots: On corner lots no structures or plant materials shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within twenty five feet (25') of the street intersections.
In any business district the distance may be reduced to ten feet (10') and shall not apply to that part of a building above the first floor.
G. Permitted Obstructions in Required Yards: No obstruction shall be permitted in any required yard except as follows:
1. In All Yards:
a. Open terraces not over four feet (4') above the average level of the adjoining ground, but not including permanently roofed over terrace or porch.
b. Awnings and canopies, but not projecting more than ten feet (10'), and at least seven feet (7') above the average level of the adjoining ground.
c. Steps, four feet (4') or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
d. Chimneys projecting eighteen inches (18") or less than into the yard.
e. Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects.
f. Fences and walls, as follows:
i. In front yards: no fence or wall located in a front yard may exceed three feet (3') in height above natural grade level, except that a fence located in a yard bordering the side wall of a residential dwelling may be constructed in excess of three feet (3') but not to exceed five feet (5') so long as said fence is open-style and visibility at right angles to any surface of such fence not be reduced by more than forty percent (40%).
ii. In rear and side yards: no fence or wall located in any rear or side yard may exceed six feet (6') in height.
iii. No fence or wall, or part thereof, may be located less than twenty feet (20') from any part of the pavement of any public or private road on which the applicable speed limit is thirty-five miles per hour (35 mph) or greater.
2. In Front Yards: One-story bay windows projecting three feet (3') or less into the yards; and overhanging eaves and gutters projecting three feet (3') or less into the yard.
3. In Rear Yards: Enclosed, attached or detached off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches, one- story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard. In any residential district, no accessory buildings shall be nearer than five feet (5') to the rear lot line, nor nearer than ten feet (10') to any principal building unattached.
4. In Side Yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding two feet (2'). (Ord., 4-7-1970; amd. Ord. 1376-21, 12-7-2021)