(A) Maintenance of yards, courts and other open spaces. 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, other open space or minimum lot area requirements for any other building.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(C) Location of required open spaces. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(D) Required yards for existing buildings. No yards shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
(E) Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified
(1) In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings and canopies; steps; four feet or less above grade which are necessary to access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment, arbors and trellises and flag poles.
(2) In front yards. One-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.
(3) In rear yards. Enclosed, attached or detached off-street parking spaces; open off street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting three feet or less into the yard. In any residential district, no accessory building shall be nearer than five feet to the side lot line or nearer than ten feet to any principal building unless attached.
(4) In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width but in no case exceeding 30 inches.
(F) Fences. Fences may be erected subject to the following:
(1) Residential fences.
(a) Fences may be erected on the property line to a height of four feet above the existing grade (on the property on which the fence is to be installed) along any side, rear or corner side yard.
(b) All fences in any required front yard of inside and corner lots and all fences in corner side yards of reversed corner lots and in that portion of the rear yard of reversed corner lots located between the side lot line and the corner side yard line extended shall be constructed in such a manner and location and of such material, so as not to block, obstruct or interfere with visibility so as to create a traffic hazard.
(c) A fence which is constructed on that portion of property that abuts a railroad right-of-way may be permitted a height not more than seven feet and may be located on the abutting property line; provided that such fence does not block, obstruct or in any way interfere with visibility so as to create a traffic hazard.
(d) A solid fence which is constructed on that portion of property which adjoins any property zoned and used for a business, industrial or manufacturing use of a parking lot shall be permitted a height of six feet.
(e) Fences may be erected to a height of six feet above the existing grade (on the property on which the fence is to be installed) along any side, rear or corner side yard, provided that such fence is erected at least five feet from the property line.
(2) Business and industrial districts. If deemed necessary, the city may require fencing to screen residential areas.
(3) Public utility and recreational uses.
(a) Open fences may be installed in any side or rear yard to a height of not more than eight feet.
(b) Public utility uses such as transformer substations or other hazardous uses, shall be fenced. When the lot line of such utility use coincides with a lot line in a residential district, the fencing installed shall provide adequate screening. The screening may be an open or semi-open fence or an open fence with shrubbery to a height of not less than five feet. When a public utility use fronts on a public street, similar fencing and landscaping shall be required.
(c) Public recreation use areas may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet. Tennis courts and other similar uses may be fenced, in keeping with national standards for such uses.
(4) Construction, appearance and maintenance.
(a) The finished side of all fences shall face the front rear, side and street lot lines. Both sides of all fences shall be similar in design, construction and appearance and shall be properly maintained.
(b) No fence shall be located in such a manner that prohibits the normal maintenance of structures located on the property lines of adjacent lots.
(c) Except as otherwise expressly permitted herein, it shall be unlawful to maintain or construct any fence consisting in whole or in part of barbed or spiked-topped wire or any wire charged with electric current.
(5) Easements. Fences installed on public easements shall be of a removable nature. Any fence of a permanent nature on an easement shall be removed at the owners expense at the request of any public utility or the city.
(G) Vision clearance; corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located in any residential districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting right-of-way lines boarding corner lots.
(Ord. passed 8-4-86; Am. Ord. 99-2, passed 3- -99) Penalty, see § 152.999