(A) General.
(1) Items such as but not limited to sills, eaves, belt courses, window air-conditioning units, chimneys, cornices, ornamental features, and bay windows may protrude into a required yard a distance not to exceed 24 inches; provided, however, the bay window projection is limited to maximum span length of ten feet along the exterior wall of the building.
(2) Items such as but not limited to open fire escapes; elevators; outside stairways leading to a building entrance, but not to an uncovered porch or deck; balconies; and outside air-conditioning units and propane/heating oil tanks may be permitted to project into the required yard for a distance of not more than four feet, when so placed as to not obstruct light and ventilation, but in no case closer than three feet from the property line.
(3) Uncovered porches and uncovered decks may encroach into a required rear or side yard not more than 40% of the required setback, but no closer than three feet from the property line; except that when a zero-lot line provision is in effect, the 40% reduction shall apply to the minimum required distance between structures. No additional encroachments for outside stairways shall be permitted.
(4) Principal structures legally constructed prior to ordinance adopted August 13, 1979, are considered conforming.
(B) Front yards.
(1) The front yard setback requirements for dwellings shall not apply on any lot where the average setback of existing buildings located, wholly or in part, within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street, is less than the minimum required setback. In such cases, the setback on such lots may be less than the required setback, but not less than the average of the setbacks of the aforementioned existing buildings.
(2)
Where a lot has street frontage that is wider than deep, and was platted prior to ordinance adopted August 13, 1979, administrative relief may be granted in the following manner:
(a) The front yard may be applied on the street frontage and the rear on the parallel lot line (longer side) and the side yards may be applied on lot lines of adjacent parcels (shorter side) when consistent with the lots on either side of the subject lot or the majority of the lots within the block.
(b) In the case of new construction on a corner lot, the owner may establish the front and rear yards based on preference of orientation, taking into consideration orientation of adjacent structures and existing development patterns.
(c) For such lots to receive administrative relief prescribed above, principal structure must conform with the setback adjustment. If any portion of an existing or proposed principal structure does not comply with the adjusted setbacks, a variance to allow the establishment of setbacks must be approved by the Board of Zoning Appeals.
(3) Where a lot fronts on two non- intersecting streets, front yards shall be provided on both streets.
(C) Side yards. Where a side yard abuts a street (corner lot), the side yard setback requirement shall be in effect. However, no accessory building shall extend beyond the adjacent front yard setback.
('81 Code, § 155.91) (Ord. passed 8-13-79; Am. Ord. 97021, passed 4-8-97; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02024, passed 6-11-02; Am. Ord. 11031, passed 5-10-11; Am. Ord. 14047, passed 8-12-14; Am. Ord. 19067, passed 11-13-19; Am. Ord. 21070, passed 10-12-21)
Penalty, see § 156.034