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A new lot shall be only be allowed if it will abut a public street, or a private street or parking court that the City approves as meeting such purpose after a review by the City Law Department and Department of Public Works. A new apartment building or commercial or industrial building shall not be constructed unless it is on a lot that is adjacent to such a street or approved parking court. An alley with a cartway width of less than 16 feet or a right-of-way width of less than 20 feet shall not, by itself, be used to meet the requirements of this section.
A. By administrative review of the Zoning Administrator, the front yard of a proposed building may be decreased in depth to the average alignment of a majority of existing buildings on the same block frontage (same side) located within 100 feet of the proposed building.
B. This subsection applies in place of the standard front yard setback requirements in certain cases in the R-3, C-C, C-N and C-R districts so that the front yard building setback is consistent with the average existing setback. This section shall only apply if more than 75% of the lots within the block frontage are occupied by a principal building. The required front yard building setback shall apply from a public street right-of-way for a new principal building. A majority of the front building wall and/or the front porch of such new building shall meet such required building setback. An area used for outdoor seating of a restaurant shall be considered the same as a front porch.
(1) The required front yard building setback shall be based upon the average setback of all existing principal buildings that are on the same side of the same block frontage of the street. The required front yard building setback shall not vary from the average setback by more than five feet to the front or to the back of the average setback.
(a) For example, if two lots on one side have existing five-foot setbacks, and two lots on the second side have existing fifteen-foot setbacks, the average shall be 10 feet. Therefore, if the average setback is 10 feet, the minimum front yard building setback for a new building shall be five feet and the maximum front yard building setback shall be 15 feet.
(2) If one existing building on another lot has a front setback that is more than 25 feet different in setback from the average of the other buildings, it shall not be considered in the average. A lot that is not occupied by a principal building shall not be considered in the average.
(3) If a lot includes more than one principal building, this provision shall apply to the building that is closest to the front. For a corner lot, this provision shall apply to the one street line that has the most principal buildings fronting upon it, and shall not require a smaller setback that is otherwise required along the second street line.
(4) If the Zoning Administrator determines that there is not an average front yard building setback, then the minimum front yard building setback shall apply.
(5) A larger setback may still be required if necessary to comply with City sight clearance regulations at an intersection.
C. An unenclosed stoop or steps may intrude into the front yard setback.
D. The removal or enclosure of a front porch shall need special exception approval. The Zoning Hearing Board shall consider whether the change would harm the character of the block, considering the presence of porches on other buildings within the block. The Board may place conditions upon the design of an enclosure or a replacement porch to maintain consistency with other buildings on the block. This requirement shall not apply in any of the following cases:
(1) If the porch removal or enclosure will require City approval under Chapter 295, Historic Districts;
(2) If the porch includes less than 20 square feet of floor area;
(3) If the porch covers historic architectural details of the facade and the porch was not original to the structure; or
(4) If the porch was added after 1950.
A. Porches, decks, patios and stoops that are open on all sides (except the side attached to a building) and which may have a roof or awning, may be placed in a required front yard and rear yard, provided they do not extend for a distance into more than one-third of the required front yard and/or rear yard area. In any case, such feature may intrude up to 10 feet into a front yard setback. A raised deck shall still meet side yard setbacks. An open or lattice-enclosed fire escape or fire-rated outside stairway may project into any yard not more than 50% of the distance from the building wall to the lot line. Drive-through canopies shall conform to § 600-1004 of this chapter.
B. An unenclosed ramp for wheelchairs shall be allowed to intrude into a required setback as is necessary to provide access to the building or facility. Where access is possible using a ramp to the side or rear of a building, such side or rear access shall be used instead of intruding into a required minimum front yard setback.
C. A standard chimney connected to the heating source and connected to the principal building may intrude up to three feet into a setback. An eave or similar overhang of a roof may intrude up to three feet into a setback.
The maximum structure height specified for each district shall not apply to: water towers, decorative clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, skylights, chimneys, heating/ventilation/air- conditioning equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. However, all features shall still comply with the height regulations within the Airport Approach Zones. Wind turbines and telecommunications towers and antenna, where allowed, shall meet the applicable height limits for such uses, as opposed to the height limit of the district. See § 600-918 for solar collection devices.
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