(A) Application.
(1) Any yard or setback line so placed or oriented that none of the specific terms in this chapter
are applicable, shall necessitate a determination by the Executive Director of suitable dimensions generally required for a similar situation in the zone or district.
(B) Yard encroachments. No structure or part thereof shall project into a required front yard except:
(1) An eave, cornice overhang, awning, balcony, or bay window not exceeding four feet; provided, however, that in no event shall said encroachment protrude closer than 20 feet to a front lot line, subject to exceptions;
(2) The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet; and
(3) Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level and not to project a distance in excess often feet.
(C) Projections. No structure or part thereof shall project into a required side or rear yard except:
(1) An eave, cornice, overhang, awning, balcony, or bay window not exceeding four feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line;
(2) The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than 80% of the required distance to any side or rear lot line;
(3) Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level; and
(4) Family swimming pools, see § 153.066(C)(4).
(D) Alley abutting rear or side yard. One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.
(E) Side yards. Where 60% or more of the lots in a block frontage are occupied by buildings which provide side yards, of less than the minimum required by this chapter, the average side yard of such buildings, may determine the required side yard; provided, however, no side yard shall be reduced to less than three feet (except in districts which do not require side yards). Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards.
(F) Tapered yard formula (for accessory building). Where an interior lot fronts on a side street in the rear of the corner lot by an alley, an accessory building located on the rear lot line of the corner lot shall set back from the side street as far as the dwelling on said interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the front lot line along the side street required by this chapter.
(G) Fences.
(1) Fences used for agricultural purposes, recreation use, or the public safety shall not be regulated by this chapter.
(2) Fences used for residential purposes shall be allowed without the issuance of any permit, subject to the following provisions.
(a) Fences shall be allowed in side and rear yards up to a height of six feet.
(b) No setback shall be required for fences in side and rear yards.
(c) Fences shall be allowed to extend along side property lines; provided, that from the building setback line to the road right-of-way line they shall be of an open or wire mesh type and shall not exceed three and one-half feet in height.
(d) Fences shall not be permitted to block passage along existing sidewalks.
(e) Front yard fences within the building setback line shall not exceed six feet in height.
(f) Fencing intended for decorative purposes only, and which does not include any area to be completely enclosed, may be allowed on any part of a parcel; provided, that it does not exceed three feet in height.
(3) Fences in business (LB, PB, or GB) or industrial (I-1 or I-2) districts, where used for commercial or industrial uses, shall be allowed subject to the following provisions: fences intended for security purposes shall not exceed a maximum height of eight feet, plus a maximum of three strands of barbed wire, and shall be allowed within any side or rear yards; however, they shall not be allowed in any greenstrip or buffer area.
(4) Every outdoor swimming pool, which is more than 18 inches in depth, shall be surrounded by a fence not less than four feet in height. Such fence shall be either of chain-link type or of a type offering equivalent protection. All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or left unattended. See § 153.066(C)(2) through (C)(4).
(H) Minor accessory uses and screening.
(1) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls (not exceeding four feet in height), mailboxes, nameplates, lamp posts, bird baths, and structures of a like nature are permitted in any required front, side, or rear yard, without the issuance of any permit.
(2) Trees, shrubs, flowers, or plants shall be permitted in any required front, side, or rear yard, except that vision clearance on corner lots shall be provided when required.
(I) Intersection visibility.
(1) In all districts, except the GB District, a triangular space at the street corner of a corner lot shall be maintained free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended at the corner of the lot.
(2) In the case of a rounded property corner, said triangular area shall be measured from the intersection of the street right-of-way lines extended.
(3) In addition, the above vision sight lines shall apply to any lot within ten feet from the intersection of a street right-of-way line with the edge of a driveway pavement or alley line. No driveway shall be located within 40 feet of the intersection of two street lines. See § 153.022.
(J) Storage.
(1) No portion of any required yard shall be used for the permanent storage of motor vehicles, recreational vehicles, mobile homes, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent, or building materials, except during construction and in accordance with the terms of this chapter. (See § 153.025 and § 153.066(C)(13) and (C)(14).) Recreational boats and trailers are to be considered as recreational vehicles for the purpose of storage.
(2) Permanent storage for purpose of this division (J) shall be construed as the presence of such storage for a period of 48 or more consecutive hours in any one-week period. See § 153.025).
(Ord. passed - -1996)