Braham City Zoning Code
YARD, AREA
BUILDING SIZE REGULATIONS
§ 154.275 PURPOSE.
The purpose of this subchapter is to outline minimum yard, area, and building size requirements to be provided for each zoning district.
(Ord. 199, passed 2-7-2000)
§ 154.276 GENERAL STATEMENT.
No lot, yard, or other open space shall be reduced in area or dimension so as to make the lot, yard, or open space less than a minimum required by this subchapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
(Ord. 199, passed 2-7-2000)
§ 154.277 YARD REQUIREMENTS.
(A) Districts. The minimum yard setback distances from the appropriate lot line are set forth within the district provisions of this chapter.
(B) Front yard setbacks. Where existing structures within a block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback exceed 30 feet.
(C) Corner lots. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 30 feet.
(D) Through lots. On a lot fronting on two parallel streets, both street lines shall be front lot lines for applying the yard regulations of this section.
(E) Rear yard with alley adjoining. In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, one-half the width of the alley may be included as rear yard depth, and that the rear yard depth actually on the lot shall be not less than 20 feet in any dwelling district.
(F) Earth sheltered buildings. Computations for yard requirements shall be based upon measurements from the exposed exterior surface of the building.
(G) Exceptions. The following shall not be considered an encroachment into yard setback requirements:
(1) Architectural projects extending not more than three feet into a yard area, except those indicated in division (G)(2) below;
(2) In rear yards, recreational and laundry drying equipment, trellises, balconies, breezeways, open porches, detached outdoor living rooms, garages, and air conditioning or heating equipment; and in all other yards, terraces, steps, stoops, or similar features provided, in each that they do not exceed above the height of the principal structure, or extend to a distance less than ten feet from the front lot lines, and five feet from any side or rear lot line;
(3) Chimneys, flues, belt courses, leader, sills, pilasters, lintels, ornamental features, mechanical devises, cornices, eaves, gutters, and other architectural projections, provided they do not extend more than five feet;
(4) Off-street parking spaces except as hereinafter regulated;
(5) Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured;
(6) Fences are exempt from yard setback requirements. All fences require a permit;
(7) Any variances granting increased building height shall require setbacks from residential lots at least equal to the height;
(8) On any lot sloping downhill from the street, an additional 12 feet of height may be permitted in the main building provided the lowest floor shall not be less than ten feet below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor and a cellar floor shall not be counted; and
(9) The maximum size of a porch into setback is a maximum of five feet by five feet.
(Ord. 199, passed 2-7-2000)
§ 154.278 LOT AREA REQUIREMENTS.
(A) Districts. The minimum lot area requirements are set forth within the district provisions of this chapter.
(B) Lot area with alley adjoining. In computing the required lot area, one-half of the width, but not exceeding ten feet of any alley, or portion thereof, abutting any lot line may be included as part of the lot area for the computation.
(C) Lot area exception. A lot of record existing upon the effective date of this subchapter, which does not meet the area and width requirements of this chapter, may be utilized, provided the measure of the area and width are within 60% of the requirements of this chapter, and provided that all other provisions of this chapter, with respect to individual septic systems and water wells, are complied with.
(Ord. 199, passed 2-7-2000)
§ 154.279 BUILDING SIZE REQUIREMENTS.
(A) Districts. The building size requirements are set forth within the district provisions of this chapter.
(B) Height exceptions. The building height limits established shall not apply to belfries, cupolas, spires, monuments, airway beacons, radio towers, flag poles, or smoke stacks, nor to elevators, cooling towers, water tanks, towers, and other structures for essential services, nor to similar structures for essential services; nor to similar structures extending above the roof of any building and not occupying more than 25% of the area of the roof.
(C) Earth sheltered buildings. Computations for ground coverage shall be based upon measurements from the exposed exterior of the building.
(Ord. 199, passed 2-7-2000)
§ 154.280 ACCESSORY BUILDINGS; USES, EQUIPMENT.
(A) General statements. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a structured passageway.
(B) Location. No detached accessory building shall be located in the front yard.
(C) Height. Accessory building sidewalls shall not exceed ten feet in height.
(D) Setbacks. Accessory buildings shall:
(1) Be located five feet or more from all lot lines of adjoining lots; and
(2) Not be located within a utility easement or drainage easement.
(E) Size. Maximum accessory building square footage shall be:
(1) One thousand and eight square feet for a lot greater than, or equal to, zero acres, and less than, or equal to, 0.59 acres;
(2) One thousand, two hundred square feet for a lot greater than, or equal to, 0.60 acres, and less than, or equal to, 0.74 acres;
(3) One thousand, four hundred and forty square feet for a lot greater than, or equal to, 0.75 acres; and/or
(4) Where residents own two or more contiguous lots, the acreage may be combined.
(F) Building design standards. The architectural design and appearance of all buildings and structures shall comply with the following standards:
(1) Designed to the State Building Code;
(2) The wall or walls that face a street must have siding of like material to the principle structure, or consistent with residential structures. Buildings on a corner lot must comply with § 154.277(C) on both sides of the structure that face the street;
(3) Metal lawn or storage sheds 120 square feet or less in floor area shall be exempt from these standards; and
(4) No tarp like structures.
(G) Home occupations. Home occupations must be conducted entirely within a building.
(1) Offices, barber shops, beauty parlors, dress shops, millinery shops, tourist homes, music and dance schools, or similar uses, any business with an employee other than the home owner shall require conditional use permits.
(2) The occupations as architects, artists, writers, clergymen, lawyers, teachers, dressmaking, and similar domestic crafts shall be permitted.
(3) When deemed appropriate, the Zoning Administrator may bring the home occupation to the attention of the Planning Commission, at which time the Planning Commission may hold the public hearings, request the information, or require the conditions as deemed necessary to bring the home occupation in compliance with the performance criteria. The Planning Commission shall make a recommendation to the City Council for final consideration.
(H) Storage of solid heating fuels. The storage of solid heating fuel (for example, coal, or firewood) shall be screened from view of adjacent residential land uses. The screening shall be in compliance with the provisions set forth in § 154.254.
(Ord. 199, passed 2-7-2000; Ord. 235, passed 11-8-2004)
§ 154.281 CONDITIONAL USES.
Accessory buildings with sidewalls that exceed ten feet in height may be permitted as a conditional use.
(Ord. 235, passed 11-8-2004)