The following regulations shall apply in all base zoning districts.
(A) Building within public easements prohibited. No building or structure shall be placed within an easement dedicated for a public purpose unless expressly authorized by a variance issued in accordance with § 153.028(C) or a license or encroachment agreement issued by the Community Development Department.
(B) Outlots. No building permit or grading permit can be issued for a parcel of land designated in a plat as an outlot unless specifically authorized by the City Council.
(C) Principal buildings. Except as may be permitted by an approved planned unit development, not more than one principal building shall be located on a lot.
(D) Common yard and height requirements.
(1) In general.
(a)
Unless otherwise authorized by variance or PUD, 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 chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
(b) A yard or other open area required about a building shall not be included as part of a yard or other open space for another building.
(2) Allowable yard encroachments.
(a) The following features may encroach into required yards:
1. Fences and walls that meet the standards in § 153.062,
may encroach into a required yard, but shall be subject to corner visibility requirements, and shall not be placed within public rights-of-way, conservation easements unless specifically permitted by the easement.
2. Walkways, patios, ramps, stairs, paved areas, and other accessory structures less than 30 inches above grade, and all landscape plantings are exempted from yard requirements except as may be specifically required by this chapter, but are subject to corner visibility requirements, and shall not be placed within conservation easements unless specifically permitted by the easement.
3. In rear and side yards: recreational and laundry drying equipment, arbors and trellises, balconies, decks, and air conditioning subject to the following conditions:
a. Setback requirements of environmental protection districts shall remain applicable.
b. A side yard setback of six feet shall be maintained.
c.
A setback of 20 feet shall be maintained from property lines abutting public rights-of-way.
d. A rear yard setback of six feet shall be maintained.
e. No encroachment shall be permitted within an existing or required easement.
4. Appurtenances:
a. Appurtenances are permitted to encroach into a required front or rear yard setback up to six feet.
b. Appurtenances are permitted to encroach into a required side yard setback up to three feet.
c. Railings on landing places or porches extending into a required side yard shall not exceed three feet, six inches in height.
d. Appurtenances shall not be located within existing or required easements.
5. In the front yard, open, covered (roofed) porches over a front entrance attached to a single- or two-family residential principal building shall be allowed to encroach into the required front yard setback with the following requirements:
a. Total encroachment into the required setback may be up to a distance of six feet.
b. Total encroachment area may be no more than 72 square feet.
c. The encroachment space may include perimeter walls that are no more than 40% of the height between the principal entrance floor elevation and the lowest point on the proposed roof and/or ceiling above it. The remaining vertical space must remain open, without enclosure of any material, with the exception of any structurally required posts;
d. Encroachment into drainage and utility easements shall not be permitted;
e. The building materials for the porch shall be consistent with the principal structure;
f. No more than one such covered porch encroachment shall be permitted for each dwelling unit.
(i) For each single-family home, a maximum of one such covered porch under this section shall be permitted to encroach into the required front yard.
(ii) For each two-family home, a maximum of two such covered porches shall be permitted when over separate exterior entrances leading to the interior of individual residential units.
(b) Corner visibility (see Figure 3-1).
1. Corner lots shall preserve areas necessary for corner visibility by limiting the height of fences, walls, and all other obstructions to a maximum of three feet above grade in the following areas:
a. For lots with an interior corner lot angle of 90 degrees or more at a street or railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and an imaginary line between the corner lot lines at 25 feet from the corner on each property lot line.
b. For lots with an interior angle of less than 90 degrees at a street or railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and drawing an imaginary line between the corner lot lines 25 feet from the corner on each property lot line plus one foot for every ten degrees or fraction thereof less than 90 degrees.
2. Corner visibility standards do not apply to United States mailboxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, and fire hydrants.
(3) Height requirements.
(a) In general. The total height of any structure shall not exceed the maximum height limit established for the applicable zoning district unless expressly stated otherwise in this chapter.
(b) Exceptions. Height limits shall not apply to chimneys, church spires, belfries, cooling towers, cupolas and domes which do not contain useable space, elevator penthouses, fire escapes or roof access stairways, flag poles, mechanical equipment required to operate and maintain the building, monuments, parapet walls extending not more than three feet above the limiting height of the building, rooftop dish antennas, skylights, water towers, wind electrical generators, telecommunication towers or similar appurtenances, provided:
1. The appurtenance does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace;
2. The appurtenance does not extend more than 25 feet above the maximum permitted building height, except as specifically allowed by this chapter;
3. The appurtenance does not exceed a maximum height of 200 feet above grade;
4. The appurtenance is not constructed for the purpose of providing additional floor area in the building; and
5. The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in this chapter.
(Ord. 799, passed 2-27-2023; Ord. 815, passed 11-13-2023)