(A) Determination. Where the definitions are not readily applicable, the Zoning Administrator shall determine the yard locations, taking into consideration the definitions and the location of yards on adjoining properties.
(B) Permitted obstructions in required yards.
(1) Front yards. One-story bay window, overhanging eaves and chimneys projecting three feet or less into the yard; open terraces, porches and steps which are necessary for access to the building, when not permanently roofed over or more than four feet above the adjoining ground level or extending ten feet or less from the building; roofed, but unenclosed, porches extending seven feet or less from the building; enclosed entryways extending six feet or less from the building and enclosing not more than 50 square feet of area; open type fences, when not more than four feet in height; flagpoles; and satellite dishes less than 20 inches in diameter and within ten feet of the primary building.
(2) Rear yards. Laundry drying lines and poles, arbors, trellises and flagpoles, detached accessory buildings when located in conformance with this chapter; attached breezeways, porches, steps; open terraces, porches and steps which are necessary for access to the building, when not permanently roofed over or more than four feet above the adjoining ground level or extending ten feet or less from the building; private swimming pools and accessory equipment; bay windows, eaves and chimneys extending no more than three feet into required yard; retaining walls; privacy fences or open fences not more than seven feet in height; free-standing satellite dishes with a setback equal to the height up to a maximum of 15 feet.
(3) Side yards. Overhanging eaves or gutters, chimneys, awnings, canopies, bay windows, steps or uncovered porches when extending three feet or less into the required yard; privacy fences or open fences not more than seven feet in height; necessary retaining walls and driveways; free-standing satellite dishes with a setback equal to the height up to a maximum of 15 feet.
(C) Vision clearance at corner lots. No building or structure erected after 5-9-1978 and no planting or other obstruction to the vision of drivers of motor vehicles exceeding a height of three feet above the street grade, shall be located:
(1) In any residential district, within 12 feet of the intersecting street lines bordering corner lots; and
(2) In any commercial or industrial district where front yards are required, within eight feet of the intersecting street lines bordering a corner lot.
(D) Maintenance of yards, courts and other open spaces: use of yard space for more than one building. 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, no legally required yards, courts or other open spaces 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.
(E) Location of required open space. All yards, courts and other open spaces allocated to the building or dwelling group shall be located on the same lot as such building or dwelling group.
(F) Building lines. Upon and across all lots abutting a public street there is hereby established a building line parallel to the street right-of-way line and at such distance from it as is hereinafter set forth.
(1) In blocks platted after the effective date of this chapter, building lines shall be as shown on the official plat and approved by the Planning and Zoning Commission and the City Council.
(2) In platted areas where less than 40% of the frontage within a block and on one side of the street is developed on the effective date of this chapter, the building line shall be a distance from the abutting street line equal to the minimum front yard depth for the zone in which the property is located.
(3) In platted areas where 40% or more of the frontage within a block and on one side of the street is developed on the effective date of this chapter with buildings having yards or setbacks having an average depth less than the minimum front yard depth for the zone, then such average depth shall be the distance from the abutting street line at which the building line shall be established.
(G) Location. Except as may be allowed by a variance or conditional use permit issued by the Board of Adjustment, no building either principal or accessory may occupy any space between the building line and the abutting street line; provided that, existing buildings which encroach beyond the building line shall be considered as conforming buildings and may be used, maintained, repaired or rebuilt so long as the area or depth of their encroachment is not increased.
(2011 Code, § 34.0309) (Ord. 2373, passed 4-20-2020)