§ 160.091 FRONT, SIDE AND REAR YARD REGULATIONS AND EXCEPTIONS.
   (A)   In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building with front yards which do not conform to the provisions of this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets.
   (B)   In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building having front yards of greater depth than are required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.
   (C)   No cornice shall project over the street line more than 5% of the width of such street and in no case more than four feet.
   (D)   Buildings on through lots in all districts, except E-1 (Central Business), where such lot is 200 feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard; provided that, in any case where the rear lot lines are continuous through the block, if a through lot is secured by combining any two or more non-through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block.
   (E)   A minimum of ten feet shall be allowed between buildings. This distance may not be reduced by more than 40% by overhanging eaves, roofs or other projections.
   (F)   The area required in a yard at any given level shall be open from such level to the sky, unobstructed, except for the customary projections of skylights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four inches and chimneys not more than two feet; provided that, if the building is not more than 35 feet in height, such cornice may project not more than two and one-half feet into such yard; and, provided further that, upon balconies and one-story porches with three unenclosed sides may project into a front or rear yard not to exceed ten feet; provided further that, within five feet of the street wall a cornice may project not more than three feet into the side yard.
   (G)   An open fire escape may project not more than four feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four feet into a rear yard.
   (H)   To provide adequate protection in all districts zoned for residential uses, a minimum setback of 25 feet of all buildings and accessory buildings from any underground, high-pressure, gas pipeline easement or any other hazardous pipeline is required. When deemed necessary, the City Commission may request additional setbacks. The only exception will be one storage building not exceeding 225 square feet in floor area or 12 feet in height will be allowed in the 25-foot setback area. Foundations for storage buildings will be constructed on a treated wood foundation and not on concrete. Storage buildings are not classified as permanent accessory buildings.
(1998 Code, App. A, § 40-67) (Ord. 94-05, passed 4-20-1994; Ord. 07-39, passed 11-7-2007; Ord. 08-31, passed 7-16-2008)