§ 113-241. Required yards and open spaces.  


Latest version.
  • (a)

    Existing yards. No yards, now or hereafter provided for a building existing on the effective date of the ordinance from which this chapter is derived shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction in any zone.

    (b)

    Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements except as restricted by other sections of this chapter:

    (1)

    In any yards:

    a.

    Posts, off-street parking, flues, sills, pilasters, lintels, cornices, eaves (up to three feet), gutters, awnings, open terraces, steps, sidewalks, essential services, stoops, or similar features provided that they do not extend five feet above the height of the principal structure or to a distance less than three feet from any lot line;

    b.

    Yard lights and nameplate signs, trees, shrubs, plants;

    c.

    Floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas, or yard for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property;

    d.

    No deck, uncovered porch, or air conditioner shall be less than five feet from a side or rear yard line and if in the required front yard area, a variance shall be required;

    e.

    An exposed ramp is a permitted encroachment, provided that a setback of at least five feet in the side and rear yard is met and the design and materials are approved by the zoning administrator as being in harmony with the surrounding residential neighborhood and the documented medical needs of the user;

    f.

    Chimneys, flagpoles and open fire escapes may not extend more than five feet above the principal structure or three feet from any lot line. Basement egress window wells may not extend closer than three feet to any lot line.

    (2)

    In side and rear yards:

    a.

    Fences that meet all other provisions of this chapter;

    b.

    Walls and hedges six feet in height or less;

    c.

    Bays not to exceed a depth of three feet or containing an area of more than 30 square feet, fire escapes and basement egress window wells not to exceed a width of three feet.

    (3)

    On a corner lot, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within a triangular area 30 feet from the intersecting street right-of-way lines.

    (4)

    In no event shall off-street parking, structures of any type, buildings, or any impervious surfaces cover more than 75 percent of the lot areas, except for R-1 zoned land which is regulated by the schedule below:

    Lot Area (sq. ft.) Maximum Impervious Lot Coverage
    7,370 or less 45%
    Over 7,370 to 1,5800 3,320 sq. ft. or 30%, whichever is greater
    Over 15,800 to 34,000 4,940 sq. ft. or 20%, whichever is greater
    Over 34,000 6,800 sq. ft. or 15%, whichever is greater

     

    (5)

    Porches with open railings which do not have walls, doors, windows or screens and which do not extend above the roof line of the building to which they are attached may encroach into the required front yard six feet if they are a minimum 24 feet from any front lot line. The encroachment into the front yard may not exceed 50 square feet.

    (c)

    Street frontage. All buildable lots must have frontage on and direct access to an improved public street except for planned unit development in which private streets have been approved by the city.

(Code 1993, § 9-2.05; Ord. No. 0-96-01, § 2, 2-28-1996; Ord. No. 0-96-05, § 1, 8-14-1996; Ord. No. 99-05, § 2, 8-25-1999; Ord. No. 03-01, § 1, 1-22-2003; Ord. No. 12-03, § 2, 5-9-2012)