(A) Setbacks.
(1) At the time of submission of any subdivision plat, the city shall have the authority to set forth, accept and/or approve building setback lines that may not necessarily be in accord to § 156.086 of this chapter due to special circumstances.
(2) Where setbacks were (or are) established on a recorded plat, those setbacks shall be enforced as minimum setbacks though they may not be in accord to § 156.086 of this chapter.
(3) The minimum building setback shall be increased to 40 feet when adjacent to a major arterial or higher trafficked street for any residential, commercial, industrial, institutional or other proposed building use.
(B) Front yards.
(1) On lots having double frontage, the required front yard shall be provided on both streets, unless one side is fenced-in and is not accessible form that street. Where such a fenced-in “front” occurs, the normal rear building setback for permanent buildings shall be required unless that subject street is a major thoroughfare or minor arterial street which in such case would not be less than 15 feet.
(2) Front yard setbacks for all uses shall be increased as follows when lots front on streets other than minor residential streets:
(a) Collectors: 30 feet;
(b) Minor arterials: 35 feet; and
(c) Major arterials or major thoroughfares: 40 feet.
(3) A maximum five-foot unenclosed porch/doorway support may be permitted within the setbacks on the above street classifications.
(4) Lots fronting cul-de-sacs shall have a front building setback not less than those in alignment to the majority of the buildings on the same block or set at the following whichever is greater:
(a) R-1 lots: ten feet;
(b) R-4 lots: five feet; and
(c) R-2 lots: ten feet.
(5) Open carport structures for residential properties along designated major thoroughfares may be built within the minimum 40-front setback, but said support columns shall not be less than 20 feet and shall always be unenclosed for which an encumbrance agreement shall be recorded in the county’s Office of Property Records.
(6) If the city denies a permit application for an unenclosed carport, the applicant may appeal said denial to the Zoning Board of Adjustments pursuant to its public hearing and application process.
(C) Side yards.
(1) On a corner lot in all districts, the width of the side yard along the street shall not be less than ten feet; provided that, the buildable width of such a lot shall not be reduced to less than 38 feet. This regulation shall not apply to those lots of record which have existing buildings prior to the date of this chapter. However, should these buildings be removed, destroyed or in any way eliminated from the property, they shall hereafter comply. Corner lots subdivided after the date of this chapter shall be at least four feet wider than the minimum lot size in residential zones and ten feet wider in commercial zones.
(2) No accessory building shall project into the required yard along any street without an awarded variance by the Zoning Board of Adjustments.
(3) Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width and is not zoned R-4, the required side yard may be reduced to 10% of the width of the lot; provided that, no side yard shall be less than three and one-half feet.
(4) Side yard setbacks for all residential uses shall be increased when lots are adjacent to the following street classifications:
(a) Collectors: five feet; and
(b) Minor arterial streets: 20 feet, but may be 15 feet with a solid buffer.
(D) Rear yards.
(1) An accessory building not exceeding 20 feet in height shall not be closer than 12 feet to the main building and no closer than four feet to any rear lot line unless there is a wider rear easement in which case, the building shall be off the easement.
(2) The ordinary projections of sills, eaves and cornices and ornamental features may extend to a distance not to exceed 32 inches into a required yard.
(3) Open or lattice-enclosed fire escapes, outside stairways, balconies, chimneys or similar structures may be permitted within the rear yard setback, but not to exceed a distance of five feet from its main structure.
(E) Lot area per family. Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located and is not zoned R-4, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located, as long as it meets all other setback, parking and the like requirements.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999