(A) Required yards shall be measured at the points of shortest distance between the supporting element of a building or structure and a lot line. The measurements shall be made from a plot plan submitted by the owner, or in the case of an existing structure, the measurements may be made on the site.
('64 Code, § 53.18)
(B) Except as provided herein, no building, structure or storage use shall be erected or located on a lot if said building, structure or storage use encroaches upon a required yard as specified in the zone in which said lot is located, nor shall any lot be so reduced as to diminish the required yards. However, this shall not be construed to restrict the acquisition by any public agency of needed street right-of-way, or land needed for other public purposes.
('64 Code, § 53.19) (Am. Ord. 700, passed 9-11-86)
(C) In the event of uncertainty in establishing which yard of a corner lot shall be considered the front yard, the determination shall be made by the Director of Planning and Development. The Planning and Development Director's decision shall be guided by a determination of the effect of the yard pattern on the development of the surrounding property as well as on the development of the lot itself.
('64 Code, § 53.20) (Am. Ord. 501, passed 6-24-75)
(D) In addition to any permitted encroachments into required yards as set forth in the development standards of each zone, the following shall be permitted:
(1) Landscaping.
(2) Fences, hedges and walls not over three and one-half feet in height.
(3) Fences, hedges and walls over three and one-half feet in height shall be permitted only after review and approval by the Director of Planning and Development.
(4) Signs which are permitted by this chapter may project over any required yard in accordance with the following provisions; provided, that no part of the sign or supporting structure shall be placed in any required yard:
(a) For signs between six and eight feet clearance above the ground level, one foot projection.
(b) For signs between eight and 10 feet clearance above the ground level, two foot projection.
(c) For signs between 10 and 12 feet clearance above the ground level, three foot projection.
(d) For signs between 12 and 14 feet clearance above the ground level, four foot projection.
(e) At a clearance of 14 feet above the ground level, signs may project over the entire required yard, provided that no part of the sign extends over a right-of-way line or planned street width line.
(5) Monument signs, handicapped signs, and directional signs in connection with off-street parking and loading facilities notwithstanding any other provisions of this chapter, may be located within a required yard area provided such signs are not more than three and one-half feet in height and set back a minimum distance of five feet from any property line or driveway.
(6) The following projections may extend into a required front or rear yard not to exceed four feet and into a required side yard not to exceed two feet, except in the case of corner lots where said projections may extend into the required front and side yard not to exceed four feet. Said projections shall not be closer than three feet to any rear or side property line:
(a) Cornices, eaves, sills or other similar horizontal architectural features.
(b) Fireplace structures not wider than eight feet, measured in the general direction of the wall of which it is a part. This provision shall apply to the residential zones only.
(c) Stairways, balconies and fire escapes. This provision shall apply to the residential zones only.
(d) Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front yard.
(e) Planting boxes or masonry planters not exceeding three and one-half feet in height.
(f) Guard railings around ramps not exceeding three and one-half feet in height.
(g) Canopies and marquees except for necessary supporting structures.
(7) Parking or storage of operable automobiles, recreational vehicles, boats or boat trailers shall be permitted in a required front yard and/or side yard where adjoining a public street only in accordance with the following:
(a) For any single-family use in a residential zone the required driveway may be used for the parking or storage of operable automobiles, recreational vehicles, boats or boat trailers.
(b) For any single-family use in a residential zone, paved areas, immediately adjacent to the required access driveway may be used for the parking or storage of operable automobiles, recreational vehicles, boats or boat trailers. Such paved areas shall not exceed a maximum width of six feet measured toward the nearest property line and a maximum width of two feet on the opposite side measured from the required driveway. Maximum total combined width of paved areas and driveway shall not exceed 20 feet.
(c) In the Buffer Parking Zone, Public Use Facilities Zone and in all commercial and industrial zones, paved off-street parking for automobiles shall be permitted, provided that the landscaping, fencing and all other provisions of this chapter are met.
(d) No off-street parking or the parking or storage of automobiles, recreational vehicles, boats or boat trailers shall be permitted which in any way endangers the health or public safety by creating a traffic hazard by obstructing vision or which is detrimental or harmful to the use of the surrounding property.
('64 Code, § 53.21) (Am. Ord. 367, passed 12-11-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86)
(E) A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. It shall be fenced as required by city ordinance.
('64 Code, § 53.22)
(F) No yard or other open space required around a use or structure, for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot.
('64 Code, § 53.23)
(G) (1) Structures which, on the effective date of this chapter or any subsequent amendments thereto, are nonconforming only in regard to required side or rear yards, may be added to or enlarged in accordance with the following:
(a) Any additions or enlargements shall not encroach into the width of any required yard to a greater extent than the existing structure; provided, that the encroachment of said additions or enlargements shall not exceed one-half of the width of said yard.
(b) That an equal amount of compensatory open space shall be provided and maintained on the same lot.
(c) That all other provisions and regulations of this chapter be complied with.
(2) The above notwithstanding, any structure located in the M-1 or M-2 Zone which on the effective date of this chapter is nonconforming only in regard to required front, side or rear yards, where adjoining a major highway, may be continued in the same manner as if said yards were conforming provided that the encroachment of said structure does not exceed one-half of the width of said yards.
('64 Code, § 53.24) (Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86) Penalty, see § 10.97