In addition to all yard regulations specified in § 156.102 and in other sections of this chapter, the following provisions shall be used for interpretation and clarification.
(A) No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court, or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of, or for any other building.
(B) A terrace, not including a roofed- over porch, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one- story bay window may project into a front yard not more than three feet. Overhanging eaves including gutters, may project over the minimum required side yard not more than 24 inches.
(C) The minimum yards or other open spaces, including lot areas per family required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereafter erected, shall not be considered as yard or open space requirements for any other building.
(D) On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(E) On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along the street lines 50 feet from the point of intersection.
(F) In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 2-½ feet and no hedge or other vegetation shall be permitted which obstructs vision across such yard between the height of 2-½ and ten feet.
(G) Open structures such as porches, canopies, balconies, platforms, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached, and shall not project into the required minimum front, side, or rear yard. Projections shall be subject to a special use permit.
(H) The height limitations contained in § 156.02 apply to all buildings and structures with the exception of roof structures, the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or protective walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless mast, water tank, signs in the Highway Business District or similar structures may be erected above the height limits of the district in which it is located. No such structure may be erected to exceed by more than 25 feet the height limits of the district in which it is located, except that aerials or antennas designed to aid home television and radio reception may be erected to a height not to exceed 60 feet from the ground level provided the aerial or antenna is attached to the building or erected in the side or rear yard area.
(I) Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this chapter.
(J) No building shall be constructed or erected on a lot, or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this code.
(K) The purpose of this provision is to permit the utilization of older recorded lots which lack adequate width, depth, or shape, as long as a reasonable living standard can be provided and the character of the neighborhood can be maintained. Any separate tract of land, or lot, or subdivision with a recorded date before December 31, 1953, and which is located in D-1 Single-family District, or D-2 General Residential District may be utilized, subject to the provisions and requirements for said zoning districts, with less than the setback requirements of the Table 156.102, provided the requirements for setbacks and open space are within 75% of that required by the terms of this chapter. Further, any lot of any recorded date, where 50% of the existing dwellings on one side of the street between intersecting streets have setback lines established less than the requirement of this section, ne buildings or additions need not setback more than the average of those already established, but not less than 15 feet front and rear, and six feet sides.
(L) No residential structure shall be erected on the rear of a lot or on a lot with another dwelling, except that in a two- story garage with living quarters upon the second floor, such quarters may be occupied by domestic employees (and his or her family) of the family occupying the main structure. There also may be constructed a guest house (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupancy by others as a housekeeping unit (unless such facilities are used for the housing of invalids or elderly relatives.)
(Ord. 80-0-24, passed 1-12-81; Am. Ord. 2002-0-13, passed 7-8-02) Penalty, see § 156.999