§ 154.055  SETBACK EXCEPTIONS.
   (A)   General setback exceptions. Every part of a yard between the property lines and the required building setback line shall be unoccupied and unobstructed by any structure or portion of a structure from ground level of the graded lot upward, except for the following.
      (1)   All yards.
         (a)   Hedges, flagpoles, and other customary yard accessories, ornaments, and furniture are permitted in any yard subject to location and size limitations, height limitations, and requirements limiting obstruction of visibility contained in this chapter (see § 154.061);
         (b)   Steps, ramps, or wheelchair lifts, four feet or less above grade, which are necessary for access to a permitted building or structure, or for access to a zoning lot from a street or alley. Guardrails, not exceeding 42 inches above the walking surface, are permitted as well;
         (c)   Awnings and canopies, projecting three feet or less into the required yard setback, except as provided for in division (A)(2)(c) below;
         (d)   Ordinary projections of chimneys or other vent pipes that are suitably concealed, projecting 18 inches or less into the required yard setback;
         (e)   Fences, subject to the requirements of § 154.058; and
         (f)   Traffic control devices, pad-mounted transformers, service pedestals, splice boxes, and similar appurtenances required for underground utility and cable systems.
      (2)   Front yards.
         (a)   Terraces shall not extend into the required front yard setback by more than ten feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
         (b)   One-story bay windows projecting three feet or less into the required front yard setback;
         (c)   Awnings, canopies, and marquees in the B-2 District are permitted to project into the street right-of-way, subject to the requirements and limitations of the Building Code;
         (d)   Overhanging eaves and gutters projecting four feet or less into the required front yard setback;
         (e)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas); and
         (f)   Signs, subject to the regulations contained in §§ 154.090 through 154.098.
      (3)   Rear yards.
         (a)   Terraces shall not extend into the required rear yard setback by more than ten feet. Guardrails around terraces are permitted as welt, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
         (b)   An elevated deck, covered or uncovered, provided that such deck shall not be enclosed nor shall extend into the required rear yard setback by more than ten feet;
         (c)   Accessory buildings, detached from the principal building, subject to dimensional requirements in § 154.056(B);
         (d)   Antennas and satellite dishes;
         (e)   One-story bay windows projecting three feet or less into the required rear yard setback;
         (f)   Overhanging eaves and gutters projecting four feet or less into the required rear yard setback;
         (g)   Children’s recreational equipment;
         (h)   Laundry drying lines;
         (i)   Air conditioning equipment; and
         (j)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).
      (4)   Side yards.
         (a)   Terraces, provided that such terraces shall not be located within two feet of the side lot line. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;
         (b)   Overhanging eaves and gutters projecting into the required side yard setback for a distance not to exceed 24 inches;
         (c)   Air conditioning equipment located not less than two feet from the side lot line; and
         (d)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).
   (B)   Side yard setback exception for detached one-family dwellings. Within the R-2 and R-3 Districts, a reduction in the minimum side yard setback for detached one-family dwellings may be granted by the Enforcement Officer if the side yard widths are consistent with the prevailing pattern of the subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the side yards of at least ten of the closest lots shall be considered or, if there are fewer than ten lots, the prevailing pattern of side yards on the block frontage shall be considered. In no case shall an exception be granted which eliminates any of the off-street parking requirements and which does not meet the following minimum standards:
      (1)   A side yard of not less than four feet in width;
      (2)   A combined width of not less than nine feet for both side yards of the lot; and
      (3)   A combined width of not less than nine feet for the adjoining side yards of adjoining lots.
   (C)   Setbacks established by recorded subdivision plat. Where a recorded subdivision plat establishes a building setback line that is greater than that required by the applicable district regulations, the recorded subdivision setback requirement shall be the minimum setback. In no event shall the setback be less than the minimum established for the zoning district.
   (D)   Front yard setbacks for corner lots of record. Where a lot of record is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot. However, in situations where the front face of an existing principal building is oriented to the narrower of the two front lot lines, the required front yard building setback from the longer of the two front lot lines may be reduced to a distance of 15 feet, or the established setback in the applicable recorded subdivision plat, whichever is greater. This exception shall not apply to reverse corner lots.
(Ord. 834, passed 2-1-2001)