A. Location Of Required Yards: Yard requirements shall be as set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right-of-way of any public roadway, public alley or public accessway which exists by dedication, recorded easement or prescription and which is located on the lot shall not be included as part of the required yard.
B. Required Yards For Existing Buildings: No yards, now or hereafter provided, for a building, structure or use existing on the effective date hereof shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction.
C. Permitted Obstructions In Required Yards: All required yards shall be unobstructed from the ground level to the sky except the following:
1. In all required yards, the ordinary projection of sills, belt courses, cornices, bay windows, buttresses, chimneys, ornamental features and eaves may extend three feet (3') into the required yard. Steps or sidewalks which provide access to a building or structure or access to a lot from a street or alley may be located in any required yard. (Ord. 93-695, 6-15-1993)
2. Unroofed patios, decks and porches may extend five feet (5') into the required front yard, corner side yard or interior side yard and fifteen feet (15') into the required rear yard, provided however that such improvements are not permitted within an easement or within five feet (5') of a property line. Patios, decks and porches which do have a permanent roof must comply with all yard and setback requirements of the zoning district in which located. Air conditioning equipment or other heating and ventilation equipment may extend five feet (5') into the required rear or side yards. (Ord. 17-1864, 11-14-2017)
3. Accessory buildings, structures or uses of land shall comply with the provisions of section 10-3-11 of this chapter.
4. Fences shall comply with the provisions of section 10-3-13 of this chapter.
5. Off street parking and loading facilities shall comply with the provisions of chapter 8 of this title. (Ord. 93-695, 6-15-1993)
D. Corner Lot Yard Requirements: On corner lots, the owner of the parcel of land may determine which street side of the lot shall be considered the front yard and which street side of the lot shall be considered the corner side yard. One rear yard and one side yard must be maintained on a corner lot. (Ord. 17-1864, 11-14-2017)
E. Encroachment Into Required Yards:
1. It shall not be deemed a violation of the yard requirements of this title if a residential building or structure encroaches upon a required yard under the following conditions:
a. The building or structure does not encroach upon more than one required yard; and
b. The encroachment does not exceed three inches (3").
2. The Zoning Officer shall review each case of such encroachment to determine compliance with this subsection. If the encroachment does not comply with this subsection, the variance procedure must be followed. (Ord. 93-695, 6-15-1993)