§ 157.085 SETBACKS.
   (A)   Minimum requirements. Unless otherwise provided in this chapter, minimum front building setback lines shall be in accordance with the following table.
Minimum Front Setback Requirements
 
Street classification
Minimum front setback (feet)
One- or two-family residential
Multifamily, commercial, institutional
Industrial
Expressway
40
40
40
Arterial
40
40
40
Collector
30
30
30
Local
25
30
25
Marginal access or cul-de-sac
25
25
25
 
   (B)   Transitional setbacks. Where commercial or industrial uses abut property zoned for residential use, transitional setbacks shall be provided in accordance with the following table.
Transitional Setbacks
 
Use
Front (feet)
Side (feet)
Rear (feet)
Commercial
30
20
20
Industrial
100
150
150
 
   (C)   Setbacks in improved areas.
      (1)   For the purpose of this section an improved area shall be defined as any block that contains at least three lots or parcels, each containing a legally established building. For the purposes of this section, a block consists of one side of the street, not interrupted by any streets. In any case where a proposed building site has no buildings within 500 feet in either direction on the same side of the street, the property shall be considered to be in an unimproved area.
      (2)   Front setback lines for improved areas shall be in accordance with the setback distance already established. In any improved area, the minimum required building setback line for any new building or structure shall be the average of such established setback line, provided that such structure does not encroach into the right-of-way as established by the thoroughfare plan.
      (3)   Such setback lines shall be as required in this section with the following exceptions:
         (a)   Those encroachments listed in (E) are permitted.
         (b)   Where another section of this chapter requires a larger setback, the higher or most restrictive requirement shall govern.
   (D)   Undesignated streets. Any street not designated on the thoroughfare plan of current adoption shall be assumed to be a local street designation for the purpose of determining the building setback line, unless the City Engineer determines that a higher classification applies. Private streets shall be considered to be local streets for the purposes of this section.
   (E)   Exceptions. The following are permitted within the setback area:
      (1)   Incidental features such as birdbaths, lawn balls, and yard sculptures. Doghouses are permitted in the side or rear yard only.
      (2)   Uncovered stairs, decks sized for entry purposes only, porches, landings, fire escapes, gutters, decks and awnings may project into any yard but not to exceed six feet and not closer than five feet to any lot line.
      (3)   Architectural projections including, wing walls, belt courses, and bay windows may project into any yard, but such projection shall not exceed three feet.
      (4)   Ornamental fences, walls and structural screens may be permitted in any required side or rear yard or setback distance, in accordance with the accessory structure height requirements of the respective zone district. Ornamental fences, walls and structural screens may be permitted in any required front yard in accordance with the accessory structure height requirements of the respective zone district; provided, that no fence, wall, or structural screen in a front yard toward which a structure is oriented may be allowed to exceed 48 inches in height. The height shall be determined by measurement perpendicular from the nearest ground level.
      (5)   Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with agricultural uses, recreation use or the public safety or a security fence in nonresidential districts.
      (6)   The provisions of this section shall not apply to retaining walls.
(Ord. 17, 2006, passed 11-27-2006)