The following general provisions dealing with open space, lot coverage, yards, setbacks, vision clearance, and permitted obstructions are provided for herewith:
(A) Provisions Of Open Space: The provisions 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 property on which it is located, as long as the building is in existence. Furthermore, no 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, or other open space or minimum lot area requirements for any other building.
(B) Location Of Open Space: 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 yard now or hereafter provided for a building existing on the effective date of the zoning ordinance shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirement of the 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: Notwithstanding any other provision of this title, no building or structure shall be erected, constructed, structurally altered, or enlarged within thirty feet (30') of a planned public right of way.
(E) Required Yard Applies To One Building Only: No part of a yard, or other open space, or off street parking or loading space required for or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off street parking or loading space, similarly required for any other building.
(F) Exception For Established Setbacks:
1. Where fifty percent (50%) or more of the frontage of one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variance of 10 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.
(G) Line Of Sight/Vision Clearance: In residence districts, the location of buildings, structures and landscaping on corner lots shall be regulated so as not to obstruct the vision of drivers of motor vehicles. No buildings or structures shall be erected or maintained, nor any landscaping planted, grown or maintained to a height of more than two feet (2') within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines. (Ord. 99-06, 6-21-1999)
(H) Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:
1. All Yards: In all yards, except as limited below:
(a) Open terraces not over three feet (3') above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch;
(b) Awnings and canopies, but not projecting more than five feet (5') out in any residential district nor more than ten feet (10') out in any commercial or industrial district, 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 into the yard;
(e) Arbors, trellises, flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects;
(f) Recreational devices, except in front yards; provided, however, that freestanding basketball standards are not governed by this section;
(g) Walls in the side and rear yards only; and
(h) Overhanging eaves and gutters projecting three feet (3') or less into the yard.
2. In Front Yards: One-story bay windows projecting two feet (2') or less into the yard. (Ord. 07-09, 7-16-2007)
3. In Rear Yards:
(a) Enclosed, attached, or detached off street parking spaces;
(b) Accessory shed, toolroom, and similar buildings or structures for domestic or agricultural storage;
(c) Balconies, breezeways, and open porches;
(d) One-story bay windows projecting two feet (2') or less into the yard; and
(e) Nonmechanical laundry drying equipment.
In a residential district, no accessory building shall be closer to the rear lot line than five feet (5'). (Ord. 09-24, 2-1-2010)
4. In Side Yards: Open off street parking may be permitted in side yards, subject to limits of subsection (G) of this section and subsection 9-12-2(G) of this title or other applicable ordinances. (Ord. 99-06, 6-21-1999)