(A) Subject to §§ 152.284 and 152.287 and the other provisions of this section, no portion of any building, below ground structure (for example below ground storage tanks), or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in the table set forth in this section.
Building Setbacks | ||||
Zone | Front (from r-o-w) (in feet) | Side (in feet) | Rear (in feet) | Corner Side (in feet) |
Building Setbacks | ||||
Zone | Front (from r-o-w) (in feet) | Side (in feet) | Rear (in feet) | Corner Side (in feet) |
GB | 30 | 25 | 20 | 35 |
LI | 40 | 25 | 20 | 35 |
OI | 30 | 25 | 20 | 35 |
R-8 | 25 | 10 | 15 | 25 |
R-20 | 30 | 15 | 25 | 25 |
R-30A | 30 | 25 | 30 | 25 |
R-30 | 30 | 25 | 30 | 25 |
R-15A | 30 | 25 | 30 | 25 |
R-15 | 30 | 25 | 30 | 25 |
RE | 30 | 25 | 30 | 25 |
(1) If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), then the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, then the setback shall be measured from the street centerline and 30 feet shall be added when determining setbacks from streets. Front setbacks for signs shall be one-half the applicable setbacks for buildings, unless the sign poses a public health and safety hazard in which case the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may require more than one-half of the applicable setback up to and including the setbacks of buildings.
(2) As used in this section, the term LOT BOUNDARY LINE refers to lot boundaries other than those that abut streets.
(3) As used in this section, the term BUILDING includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:
(a) Gas pumps and overhead canopies or roof; and
(b) Fences running along lot boundaries adjacent to public street rights way if such fences exceed six feet in height and are substantially opaque.
(4) Notwithstanding any other provision of this chapter, a sign may be erected on or affixed to a structure that has a principal function that is something other than the support of the sign (e.g., a fence), but does not constitute a building as defined in this chapter, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located.
(B) Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.
(C) Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, and the like).
(D) Whenever a private road that serves more than three lots or more than three dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary.
(1) If the lot is not also bordered by a public street, then buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.
(2) If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the column labeled “Minimum Distance from Lot Boundary Line”) shall be measured from the inside boundary of the traveled portion of the private road.
(E) Notwithstanding the building setback requirements established in division (A) above, the minimum front yard setback requirements for the old sections of town that currently have 100 foot rights-of-way (Boston Avenue to Chicago Avenue, and Vineland Street to Peach Street), with the exception of U.S. Highway# 1, shall be ten feet from the property line. The corner side minimum setback requirement for the lots included in this division (E) shall likewise be ten feet from the property line.
(F) Subject to §§ 152.284 and 152.287 and to the other provisions of this section, no portion of any building, below ground structure (for example: below ground storage tanks), or any free standing sign may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in the table set forth in this section.
(Ord. passed 12-20-2001) Penalty, see § 152.999