Baldwin Township City Zoning Code
PART 8
YARD, COURTS OPEN SPACES; PROJECTIONS INTO YARDS, FENCES, WALLS, RETAINING WALLS, SCREENINGS
§ 27-801 Yards, Courts, and Open Spaces.
[Ord. 1-1953, 2/9/1953, Art. VII, § 701]
No yard, court, or other open space about any building or structure for the purpose of complying with this chapter shall be considered as a yard, court, or other open space for another building or structure.
§ 27-802 Projections Into Front Yards.
[Ord. 1-1953, 2/9/1953, Art. VII, § 702; as amended by Ord. 1-1956, 3/12/1956, § 2]
1.
No building or part of a building shall be erected within or shall project into any required front yard except:
§ 27-803 Projections Into Side Yards.
§ 27-804 Projections Into Rear Yards.
[Ord. 1-1953, 2/9/1953, Art. VII, § 704]
1.
No building and no part of a building shall be erected within or shall project into the rear yard except:
A.
Cornices, eaves, gutters, or chimneys projecting not more than 18 inches.
B.
Bay windows not extending through more than one story and not projecting more than 18 inches.
C.
One-story unroofed porches projecting not more than 10 feet.
D.
Steps.
E.
Balconies and open permanent porch roofs projecting not more than 10 feet.
[Amended by Ord. No. 471, 10/26/2015]
§ 27-805 Enclosure of Existing Porches.
[Added by Ord. No. 471, 10/26/2015[1]]
1.
Unroofed porches and porches with permanent open porch roofs projecting not more than 10 feet from the original front or rear building line (front or yard setback line) may be enclosed and finished as an integral interior room of the primary residential structure, subject to the following restrictions:
A.
Only first-story/one-story enclosures are allowed (excluding pitched roof).
B.
On lots with less than a thirty-five-foot front building line/front setback (see § 27-407 re: lots with grandfathered twenty-five-foot front setbacks), front porch enclosures may span no more than 50% of the width of the house.
C.
The enclosure's facade must use materials and be of an architectural style that matches the existing house; and the enclosure shall otherwise be designed and constructed in conformance with other applicable Township ordinances and building code requirements.
D.
The enclosure must not create any additional encroachment or projection into the front or rear yard by modification of steps, sidewalks, etc., accessing the enclosure entry.
§ 27-806 Fences, Walls, Retaining Walls and Screening.
[Ord. 1-1953, 2/9/1953, Art. VII, § 705; as amended by Ord. 260, 6/7/1977, § 1; by Ord. 310, 3/6/1985; by Ord. 332, 10/4/1988; by Ord. 337, 9/5/1989; by Ord. 403, 4/2/2002; by Ord. 436, 8/7/2007, § 1; and by Ord. 442, 9/2/2008, § 1]
1.
General Requirements; Application Required.
A.
No fence, wall, retaining wall and/or screening shall be installed without the approval of the Zoning Officer, as well as approval of the Building Code Official, and the Township Engineer, if required hereunder or by an other Township Ordinance.
B.
A completed application must be completed prior to engaging in any activity under this section.
C.
Any application for a fence, wall, retaining wall and/or screening retaining wall including shrubbery, shall be accompanied by a drawing showing detailed section and the proposed location on the property, along with a copy of the lot-plan survey.
2.
Performance Standards.
A.
Generally. Fences, walls, retaining walls, and/or screenings may be erected on any property subject to the conditions set forth in this section.
B.
Height Requirements.
(1)
Fences, walls, retaining walls, and/or screenings are not permitted in residential (R-1, R-2, and R-3) front yards, and to the extent permissible in residential side and rear yards shall comply with the following height requirements:
(2)
Fences, walls, retaining walls, and/or screenings in commercial/light industrial districts shall comply with the following height requirements:
(3)
Height definitions within this section shall be defined by the following formula: allowable height = actual height above the immediate natural ground level (if a fence, wall, retaining wall, and/or screening is erected, the height measurement will begin at the true contour - ground level and not any artificially created elevation of same).
C.
Sight Distances.
(1)
Generally. Authorized fences, walls, retaining walls, and/or screenings, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections. A "clear sight triangle" is defined as an area of unobstructed vision at an intersection, defined by lines of sight, between points at a given distance from the intersection of street center lines. The line of sight shall be measured at a level of 36 inches above the pavement to approximate the driver's line of vision.
(2)
Sight distances shall be maintained according to the following standards:
(a)
Residential Driveway with a Public Street: 15 feet from the driveway edge bordering the street, allowing safe stopping distance for the public street, which shall be determined by the Township Engineer.
(b)
Public Street with Public Street: 150 feet on arterial street and 75 on collector and local streets.
(c)
Commercial, Industrial Driveway with a Public Street: 150 feet on arterial, and 75 feet on collector or local streets.
Any specified standards may be modified if determined necessary by the Township Engineer. |
3.
Special Fences, Trellises and Arbors.
A.
Ornamental open, closed or shadow box fences or picket fences of wood or synthetic material of like appearance, shall be permitted on the rear and side lot lines of any lot, provided that such fence is not more than six feet high and provided that any such side fence shall not extend in front beyond the actual front line of the building erected thereon. Ornamental fences shall have equally spaced open and closed sections of the same dimensions.
B.
A trellis or arbor, as part of landscaping plans, may be installed at any location behind the front building line. If located in the front yard area, approval must be obtained from the Planning Commission after a submission of a landscape plan. No trellis or arbor shall exceed six feet in height or 10 feet in length with a minimum of eight feet between units when viewed perpendicular to the length of the trellis or arbor.
4.
Dangerous Construction Prohibited.
A.
This section specifically prohibits any construction/alteration which creates a dangerous fence, wall, retaining wall, and/or screening.
B.
Regardless of the zoning district, no fence, wall, retaining wall, and/or screening may be constructed or modified to include any sharp or pointed dangerous perimeters including, but not limited to, barbed wire, spikes, and fleur-de-lis.
C.
Fences as required by any State or Federal regulation or statute dealing with possession or storage or potentially hazardous material including, but not limited to, liquefied petroleum and propane gas, shall be permitted in style and dimension not to exceed the minimum Federal or State regulation or statute, and consistent with this section.
5.
Miscellaneous.
A.
No fence, wall, retaining wall, and/or screening or planted screen shall be erected in a dedicated street right-of-way.
B.
Fences, walls, retaining wall, and/or screenings having a rough or unfinished side or a side showing supports of bases shall be erected so that said rough or unfinished side faces inward toward the interior of the lot and finished side faces outward toward adjoining properties.
C.
Every fence, wall, retaining wall, and/or screening shall be maintained in a safe, sound, properly constructed, and/or properly repaired upright condition and in accordance with the approved plan on.
D.
Any fence, wall, retaining wall, and/or screening in existence under the previous ordinance(s) may continue in existence without compliance with this section, except that the fence shall be kept painted, where applicable, and in good repair. However, no such fence, destroyed or removed, shall be replaced except in conformity with this section.
E.
All fences, walls, retaining walls, and/or screenings must be entirely on the property of the applicant.
F.
Any retaining wall over four feet in height must have a hedge, fence, wall, or screening acceptable to the Building Inspector on top of the retaining wall (of at least 36 inches high) to prevent accidental falling.
H.
A screening which shall be required for a refuse container which must be installed in the rear of any commercial building or may be installed in any multi-family and/or townhouse residential district shall not be over six feet high and must meet rear and side yard requirements. Where access to the container is difficult because of the location of the driveways or similar structures or because the rear yards is too small to meet the requirements, a plan showing the proposed location, together with all other structures on the property, shall be submitted to the Zoning Officer for approval.
6.
Closed or solid wood, brick, ornamental block, or stone fence shall be permitted on the rear dividing line between townhouses, provided that they are straight, not over six feet high and do not extend more than eight feet from the rear of the adjacent townhouse extending furthest into the rear area. The same structure, design, and style of fence shall be used for all townhouses in any unit. It is the intent of this section that should block be used with exposed facing, that same be of a decorative nature.