Sec. 55-782. - Setback adjustments.
(a) Lots adjoining alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than three feet to the near side of the alley.
(b) Exceptions to openness of required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.
(1) Window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.
(2) Terraces, patios, uncovered decks, and ornamental features which have no structural element more than two feet above or below the adjacent ground level may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line.
(3) Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three and one-half feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.
(4) For buildings constructed upon a front property line, a cornice may project into a public right-way. Maximum projection is the smaller of four feet or five percent of the right-of-way width.
(5) In office and commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15 percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.
(6) Any accessory structure in a residential district (DR through R8 and MH) shall be located within the buildable area of the lot, with the following exceptions:
a. Private and community garages, sheds and agricultural structures may be located a minimum of three feet from the interior side or rear lot line if set back 60 feet or more from the front lot line.
b. In the DR through R5 districts the total floor area of any structure receiving the above exemption and located either totally or partially outside the buildable area shall not exceed 750 square feet.
(7) Lampposts with a maximum height of ten feet, and flagpoles up to maximum height of the base district, may be located within required yards, provided they are set back at least five feet from property lines.
(c) Setback adjustment for developed residential blocks. These provisions apply if 75 percent or more of the lots on a residentially zoned blockface are developed and if 50 percent or more of the buildings on that blockface have front yard setbacks less than those required for the specific district.
(1) If a building is to be built on a parcel of land within 100 feet of existing buildings on both sides, the minimum front yard shall be the mean setbacks of the adjacent buildings.
(2) If a building is to be built on a parcel of land within 100 feet of an existing building on one side only, the minimum front yard shall be the setback of the adjacent building.
(3) If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the blockface.
(d) Street yard exceptions in designated office, commercial or industrial areas.
(1) The city council may, by ordinance, designate selected locations within any GO, LC, CC, GC or LI district in which a minimum front yard or street yard setback different from that of the zoning district may be permitted. The planning board must transmit a recommendation on such designation prior to city council action.
a. The location represents a grouping of two or more nonresidential uses within which the construction of new buildings meeting the district's street yard requirements would be incompatible with and uncharacteristic of the existing built environment.
b. At least 50 percent of the total lot area in the location is nonresidential in use.
c. At least one-half the total street frontage is developed with structures that do not comply with current street yard requirements.
(2) The boundary of each such designated area shall be shown on the official zoning map.
(e) Rear yard exceptions for residential uses. When an irregular lot is used for residential purposes, the rear yard may be measured as the average horizontal distance between the building and rear lot line, provided that the minimum setback shall not be less than 60 percent of the rear yard required by the zoning district.
(f) Double-frontage lots. Residentially zoned (DR-R8 and MH) double-frontage lots on a major street, and with no approved access to that street, may comply with rear 25-foot minimum yard setback requirements along said street. All other double-frontage lots must comply with front yard setbacks from each adjacent street (exhibit 55-782).
(g) Multiple frontage lots: Multiple frontage lots shall be treated the same as a double frontage lot, with the remaining street yards designated as street side yards (exhibit 55-782).
(h) Parabolic antennas.
(1) Parabolic antennas which are accessory to a primary use and are designed to receive radio or television signals from satellites shall not be located within any street yard of the primary use.
(2) Such antennas shall be located no less than 15 feet from the property line of an adjacent property within a residential zoning district.
(i) Corner lots.
(1) In residential districts when corner lots are used for residential purposes, irrespective of which way the dwelling faces, one street yard shall comply with the front yard setback requirements of the district; and the other street yard shall comply with the street side yard setback requirements. The interior yard opposite the front yard shall be the rear yard and the interior yard opposite the street side yard shall be a side yard.
(Code 1980, § 55-782; Ord. No. 33100, § 3, 11-2-93; Ord. No. 33663, § 1, 10-24-95; Ord. No. 38726, § 1, 5-11-10; Ord. No. 38769, § 1, 7-20-10; Ord. No. 43400, § 1, 5-2-23)
