§ 4.12A ADDITIONAL FRONT SETBACK PROVISIONS.
      (1)   Public streets.
         (a)   In the case where the Thoroughfare Plan does not include a proposed right-of-way, or where the existing right-of-way is greater than the proposed right-of-way, the existing right-of-way line shall be used for setback measurement.
         (b)   1.   The setback provisions of this Article are subject to the following modification.
            2.   In any block in any district contained in this ordinance in which an existing front yard setback is established by existing, legally established buildings or structures on more than 60% of the total number of lots within the same block face fronting on the same public street, the minimum required front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards if such dimension is less than the minimum front yard setback established by this ordinance.
         (c)   Any development permitted within a required front yard or required front bufferyard shall be those specified in the “Use of Minimum Yards and Bufferyards” sections of the applicable district.
      (2)   Private streets. The minimum front yard and minimum building setback from the right-of-way line of a private street shall be the same as for a local public street in the applicable district. Provided, however:
         (a)   1.   The setback provisions of this Article are subject to the following modification.
            2.   In any block in any district contained in this ordinance in which an existing front yard setback is established by existing, legally established buildings or structures on more than 60% of the total number of lots within the same block face fronting on the same private street, the minimum required front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards if such dimension is less than the minimum front yard setback established by this ordinance.
         (b)   Any development permitted within a required front yard or required front bufferyard shall be those specified in the “Use of Minimum Yards and Bufferyards” sections of the applicable District.
      (3)   Double frontage lots.
         (a)   Limited access street rights-of-way. That portion of a double frontage lot located in a residential district which abuts any limited access street right-of-way shall be subject to setback and other requirements of this ordinance applicable to minimum rear yards.
         (b)   All other streets. That portion of a double frontage lot which abuts any perimeter street in which a “non-access easement” is provided for by a properly approved and recorded plat shall be subject to setback and other requirements of this ordinance applicable to minimum rear yards.
(Ord. 21-97, passed - -1997; Ord. 11-2004, passed 6-14-2004; Ord. 06-2011, passed 6-13-2011)