(A) Required area or space cannot be reduced. No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this title, except as provided in division (B) below of this section. No part of a yard, court, parking area, or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this title, shall be included as part of yard, court, parking area, or
other space required under this title for another building or structure except for parking as provided in §§ 155.216 through 155.222. The required yard and lot dimensions are shown on Table 1. (See Appendix A following this chapter.) ('69 Code, § 7-9.01)
(B) Required yards reduced. Under certain conditions, a required yard on a subject property may be reduced when the applicant secures a conditional use permit and meets the following conditions:
(1) The applicant holds a minimum four-foot easement and deed restriction on all properties which will abut the reduced set-back lot line. Said easement and deed restriction shall:
(a) Permit access to the abutting property by the subject property owner, or his representatives, for the purposes of construction, reconstruction and maintenance of the subject property,
(b) Allow necessary footings and eaves for the subject structure,
(c) Require maintenance and paint color to be as close to the original construction and color as possible, except by written permit of the affected neighbor and
(d) Make the city an interested party to said easement and deed restriction.
(2) The reduced setback lot line wall must be a solid masonry wall except for windows facing the abutting property's front yard.
(3) The height of the structure shall not exceed 14 feet within any portion of the previously required yard, except when the structure is joined by a party wall with a structure on the abutting lot.
(4) The minimum distance between eaves of any building on the subject lot and any building on an abutting lot shall be eight feet, except when joined by a party wall.
(5) A reduced setback on a north lot line shall be approved only when the applicant can demonstrate that the abutting property's use of the adjacent space will not be restricted by the sun's shadow.
(6) The Administrator shall establish that the proposed development is compatible with the neighborhood.
('69 Code, § 7-9.02)
(C) Division of lots. No lot improved with a building or buildings shall hereafter be divided into two or more lots and no portion of any lot which is improved with a building or buildings shall be sold, unless all lots resulting from each such division or sale and improved with building or buildings shall conform with all of the bulk regulations of the district in which the property is located.
(D) Frontage and front yards.
(1) Street frontage required. Except as permitted by other provisions of this title, no lot shall contain any building used in whole, or part, for residential purposes unless such lot abuts for at least 40 feet on a street; and there shall be not more than one single-family dwelling for such frontage.
(2) Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the Administrator may authorize a reduction of the otherwise specified lot frontage in R Districts provided that the lot width measured at the building line shall equal the frontage required in the district where located. All buildings shall be so placed so they will not obstruct the provision of future streets when so requested by the Commission.
(3) Double frontage lots. Lots having frontage on two non-intersecting streets shall be deemed as double frontage lots. Double frontage lots shall be subject to maintain the required front yard setback along both streets, except those yards along county, state or federal highway right-of-ways in the following subdivision: Castlewood Knolls, Dano Addition, Glenwood Heights First Addition, Homewood Hills 7th Addition, and Watlands Second Addition.
(4) Average depth of front yards. In any R District, where the average depth of at least two existing front yards on lots within 150 feet of the lot in question and with in the same block front is less or greater than the least front yard depth prescribed elsewhere in this title, the required depth of the front yard on such lot shall be modified to be not less than the average depth of said existing front yards on the two lots immediately adjoining, less five feet; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed 35 feet.
(5) Vision clearance on corner lots. On any corner lot, no foliage, fence, sign or other structure shall extend or be erected between a height of 2½ feet and eight feet above the elevation of the established grade at the intersection of the two street lines on that part of the lot which is bounded by the street lines of the two intersected streets and a line connecting two points of said street lines 25 feet from their point of intersection.
('69 Code, § 7-9.04)
(E) Side yard - corner lots. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street. ('69 Code, § 7-9.05)
(F) Yard projection in R Districts. Certain architectural features may project into required yards or courts as follows:
(1) Front and side yards. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches; fire escapes and decks may project a distance not exceeding five feet, an
uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height; bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located. Other canopies may be permitted under a conditional use permit issued by the Administrator.
(2) Interior side yards and rear yards. Subject to the limitations above, the above-named features may project into any required yard adjoining an interior lot line, a distance not to exceed one-fifth (1/5) of the required least width of such yard, but not exceeding three feet in any case, except that an uncovered deck may project into the required rear yard a distance not to exceed ten feet.
('69 Code, § 7-9.06) (Ord. 627, eff. 10-14-80)
(G) Fences, walls, hedges and signs. Fences, walls, hedges and signs may be located in any required yard or buildable lot area as required elsewhere in this title. ('69 Code, § 7-9.08)
(H) Rear dwellings. No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the lot area, yard and other open space and off-street parking requirements of this title. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling, an unoccupied and unobstructed accessway to a public street of not less than 24 feet width. ('69 Code, § 7-9.09)
(I) Side yard exception in R-1 and R-2 Districts. On lots created prior to August 1, 1969, the required side yard shall not exceed 13.33% of the frontage width. ('69 Code, § 7-9.10)
(J) Setback exceptions for handicap/wheelchair ramps in all R districts. The Zoning Administrator may authorize installation of a handicap/wheelchair ramp within a required setback in accordance with the following criteria:
(1) The applicant has submitted a letter from a licensed physician specifying that the handicap/wheelchair ramp is necessary to accommodate a resident of the property.
(2) The handicap/wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible. In no case shall the ramp be closer than three feet from a property line unless in the opinion of the Zoning Administrator there is no other feasible alternative to the location of the ramp.
(3) The handicap/wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.
(4) The encroachment into the required setback shall be removed when the individual requiring the handicap/wheelchair ramp no longer resides on the property or the ramp is no longer required.
(5) The handicap/wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).
(Am. Ord. 896, passed 8-28-00; Am. Ord. 1152, passed 10-14-19)