The provisions of this chapter establish required yards in various use districts as follows:

   (a)   Residence Districts. Front, rear and side yards for all main buildings. A main building other than a residence permitted in a Residence District shall observe the same yard requirements as a residence;

   (b)   Local Retail Business Districts. Front yards for all main buildings and premises, and side street yards for all main buildings and premises on corner lots;

   (c)   Local Retail Business Districts, Retail Business Districts, Semi-Industry Districts and General Industry Districts. Rear and side yards for all residence buildings and buildings of Institutional H Occupancy Classification. Residence buildings in General Industry Districts and in certain parts of Semi-Industry Districts are permitted only on special permit from the Board of Zoning Appeals;

   (d)   Any Use District. Front yards when established by specific building lines shown on the Building Zone Map;

   (e)   The provisions of Chapter 357 shall not apply to any property within the boundary of the Central Business District as defined in Section 325.12;

   (f)   Other Special Yard Requirements. As hereinafter established.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)

   No yard or court provided for any building or group of buildings for the purposes of complying with the provisions of this Zoning Code shall be reduced or again considered as the yard or court required for any other building or additional construction on the same lot or on another lot.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   Whenever any building of mixed occupancy is used or occupied in part for Residential Occupancy or Institutional H Occupancy, the part of the building so used shall be so located in respect to lot lines as to provide the yard spaces required by this chapter. Any building of mixed occupancy occupied in part as a dwelling house shall have side yards and a rear yard as required for dwelling houses.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)

   In Residence Districts and in Local Retail Business Districts front yard lines shall be determined as follows and, except as provided in this section and Sections 357.05 to 357.07, no portion of a building or structure shall be erected above the grade level within such front yard.

   (a)   General Provisions for Front Yard Lines. Except as provided in Section 357.06, on any street frontage, on either side of a street between two (2) successive intersecting streets but excluding the frontage along the side lines of corner lots, a line which is set back of the street line a distance equal to fifteen percent (15%) of the average or normal depth of the lots having their front lines along such street frontage shall be the front yard line, but the distance from the front yard line to the street line shall not be required to exceed thirty (30) feet.

   (b)   Lots Fronting on Public Spaces. Where one (1) or more lots abut a public park or parkway such park or parkway frontage shall be deemed to be a street frontage, and the line between such public park or parkway and the privately owned property abutting thereon shall be deemed to be a street line in determining the location of a required front yard line. This shall not, however, be interpreted to relieve any privately owned property of any other building line requirement.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   General Provisions. Except as otherwise provided in this chapter, the distance of the building line back from the side street line along the side street line of a corner lot in a Residence District or in a Local Retail Business District shall be not less than ten percent (10%) of the average width of such lot or five (5) feet, whichever is less, except that accessory buildings or uses shall be not less than ten (10) feet from such side street line.

   (b)   Rear Portions of Corner Lots.

      (1)   On the rear third of a corner lot in a Residence District or in a Local Retail Business District where the rear lot line abuts a Residence District, the building line shall be not less than ten (10) feet back from the side street line, except that in a Limited One-Family District or in a One-Family District where the rear lot line is also the side line of the lot in the rear or the boundary line of a rear alley, the building line on the rear third of the corner lot shall be not less than fifteen (15) feet back from the side street line.

      (2)   On the rear of a corner lot in any use district where the rear lot line of the corner lot is also the side line of the butt lot in the rear or the boundary line of an alley between them, and a setback building line is established for such butt lot, no building shall be erected nearer to the side street at the rear line of the corner lot than the setback building line of the butt lot; provided that for each foot the building on the corner lot sets in from the rear lot line or from the center of a rear alley, it may be set one (1) foot nearer to the side street line.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   Alignment to Existing Building Lines. Where no specific building line is indicated on the Building Zone Map, on a street frontage on one (1) side of a street between two (2) successive intersecting streets but excluding the frontage along the side lines of corner lots, where twenty percent (20%) or more of the aggregate street frontage of the property abutting thereon is occupied by main buildings, the average of the setbacks of the existing buildings within one hundred (100) feet on both sides of any lot shall determine the location of the required front yard line for that lot, except that such front yard line shall not be required to be more than forty (40) feet back of the street line. The location of fences or structures other than a building shall not be a consideration in making such determination.

   (b)   Alignment to Less Restricted Building Lines. Where a setback building line is required on a lot that adjoins a street frontage along which either no setback building line is required or the required setback building line is nearer to the street, that part of a building within fifty (50) feet of such less restricted frontage may be erected to a building line midway between the required building lines or to a line drawn diagonally from a point fifty (50) feet from the less restricted frontage and on the required setback building line for such lot to the nearest point on the building line of the adjoining less restricted frontage; provided that where such lot is less than fifty (50) feet in width, the diagonal line shall be drawn from the point of intersection of the side lot line and the required setback building line for such lot.

   (c)   Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a setback building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line specified in this chapter unless specific building lines shown on the Building Zone Map require a greater setback.

   (d)   Front Yard Extensions into Other Districts. At the intersection of a residence street with a street in any other use district, where the corner and succeeding lots had been platted before November 5, 1929, to face the residence street and not more than the first three (3) such lots, aggregating a frontage of one hundred fifty (150) feet or less, are included within the less restricted district, the required front yard line for such lots shall be a continuation of the front yard line of the portion of the block included in the Residence District.

   (e)   Building Lines on Widened Streets. The subsequent widening of a street shall not change the location of a building line established before the street widening except where it would lie within the new street.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   Except as provided in subsection (b) hereof, a specific building line indicated on the Building Zone Map shall be the setback building line for that street frontage.

   (b)   Except as may be required under Section 357.05 for the rear portion of a corner lot, where specific building lines are indicated on the Building Zone Map for both the front and the side of a corner lot of record on the effective date of this Zoning Code, the side street yard for that lot for one hundred fifty (150) feet back from the front street line shall not be required to exceed ten percent (10%) of the width of the lot.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   A specific building line indicated on the Building Zone Map along a watercourse, as is defined in Section 351.04(ggg), shall be the building line for that watercourse.

(Ord. No. 1017-2022. Passed 12-5-22, eff. 12-7-22)

   (a)   Where Required.

      (1)   Buildings of Residential Occupancy and Institutional H Occupancy Classification. Rear yards conforming to the provisions of this section shall be provided and maintained at the rear of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located.

      (2)   Main buildings in Residence Districts. Rear yards conforming to the provisions of this section shall be provided and maintained at the rear of all main buildings in Residence Districts, irrespective of the occupancy classification of the building.

   (b)   Depth of Required Rear Yards.

      (1)   Residence Districts. In a Residence District the depth of a rear yard shall be not less than fifteen percent (15%) of the depth of the lot but in no case less than twenty (20) feet; provided that in a Limited One-Family District, One-Family District or Two-Family District, such depth shall be not less than the height of the main building, and in a Multi-Family District such depth shall be not less than one-half (1/2) the height of the main building.

      (2)   Use districts other than Residence Districts. In a use district other than a Residence District the depth of a required rear yard in connection with a building of Residential Occupancy or Institutional H Occupancy Classification shall be not less than fifteen percent (15%) of the depth of the lot but in no case less than twenty (20) feet or less than one-half (1/2) the height of the main building.

      (3)   Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required depth of a required rear yard shall be interpreted to mean the average depth, provided that no required rear yard on any lot in a Residence District or in connection with buildings of Residential Occupancy or Institutional H Occupancy Classification shall be less than ten (10) feet in depth at any point.

      (4)   Rear Yards Abutting Alleys. Where the rear yard abuts and is parallel to an alley, one-half (1/2) the width of such alley may be assumed to be a portion of such rear yard.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)

   (a)   Where Required.

      (1)   Interior side yards conforming to the provisions of this section shall be provided and maintained along the interior side lot lines of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located.

      (2)   Interior side yards conforming to the provisions of this Zoning Code shall be provided and maintained along the interior side lot lines of all main buildings in Residence Districts irrespective of the occupancy classification of the building.

   (b)   Width.

      (1)   Limited One-Family Districts. In a Limited One-Family District the minimum width of an interior side yard shall be five (5) feet and the aggregate width of side yards on the same premises shall be not less than twenty (20) feet. No building shall be erected less than twenty (20) feet from a main building on an adjoining lot within such District, nor less than ten (10) feet from a main building on an adjoining lot in other Residence Districts.

      (2)   Other Residence Districts.

 

      (3)   Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required width of a required interior side yard shall be interpreted to mean the average width, provided that no such required interior side yard on any lot shall be less than three (3) feet in width at any point.

      (4)   Interior Side Yards Adjoining Alleys.

         A.   An alley line at the side of a lot shall be deemed to be an interior side lot line.

         B.   The half-width of an alley abutting and parallel to the side line of a lot may be considered as part of an interior side yard required on that side. However, in all cases a setback from the alley line of not less than three (3) feet shall be provided.

      (5)   Interior Side Yards Adjoining Nonconforming Side Yards. For a period of one (1) year from and after January 29, 1950, in Multi-Family Districts on any lot where the adjoining interior side yard of an existing building does not conform to the provisions of subsection (b)(2)C. hereof, the minimum width and area of the interior side yard on that side may be the average between the requirements specified in subsection (b)(2)C. hereof, and such existing adjoining side yard, but if such existing side yard is less in width than one-sixth (1/6) its building height (the ordinance requirement in effect prior to the passage of Ordinance No. 573-18) then the existing side yard shall be figured at one-sixth (1/6) the height of its building.

(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)

   In a housing development consisting of a group of separate buildings where such buildings do not all front upon a public street, and where such group is on a single lot or parcel of land twenty thousand (20,000) square feet or more in area under one (1) control, all buildings fronting upon a street or adjoining a street shall be set back from the street and from side street lot lines at least as much as would be required for front and side street yards on a separate lot. All buildings which adjoin a lot line which is the interior side lot line or rear lot line of adjoining premises shall conform to the provisions of Sections 357.08 and 357.09 which would apply on a separate lot. Every residence building in such a group shall be separated from any other building on the lot, except accessory buildings not used for residence purposes and not over fifteen (15) feet in height, by space not less in width than one-half (1/2) of the height of the adjacent wall of the higher building; except that where such space provides all required light and ventilation for any habitable room it shall not be less in width than two-thirds (2/3) such height. Where it provides all required light and ventilation for all the habitable rooms of any dwelling unit it shall not be less than such height but in no case less than forty-five (45) feet between one (1) story buildings, fifty (50) feet between two (2) story buildings, fifty-five (55) feet between three (3) story buildings and sixty (60) feet between buildings four (4) stories or more in height. Accessory buildings shall not be closer to any building not an accessory building than the height of the adjacent wall of such accessory building. Except as provided herein, no other front, side or rear yard regulations shall apply to residence buildings in such development. The Board of Zoning Appeals may modify the strict application of the requirements of this section in a specific case where it is demonstrated to the Board that the modification will provide light, air, ventilation and sunlight for all habitable rooms and open space for all occupants of a standard no lower than would be provided under such requirements.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   Where the provisions of Sections 357.08 to 357.10 do not apply, rear yards and interior side yards extending to rear yards for required windows in buildings or parts of buildings not of Residential Occupancy or Institutional H Occupancy Classification, shall have a width at any given height of not less than three (3) inches for each foot of such height measured from the bottom of such yard as actually constructed, or from the grade level, whichever is higher, but in no case shall any such yard be less than five (5) feet in width. As used in this section "the width of a rear yard" means the distance from the extreme rear wall of the main building to the rear lot line, and "the width of a side yard" means the distance from the extreme side wall of the building to the adjoining side lot line.

   (b)   In the case of irregular, triangular or segment- shaped lots, the required width of such yard shall be interpreted to mean the average width, provided that no such yard shall be less in width at any point than three (3) feet.

   (c)   The half-width of an alley abutting and parallel to a lot line may be considered as part of a yard provided along such lot line.

   (d)   An interior side yard which does not extend to a rear yard of required dimensions shall be deemed to be an outer court and shall conform to the applicable provisions of Section 357.16.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)

   (a)   Level of Bottom of Yard.

      (1)   Residence Districts.

         A.   In Limited One-Family Districts, One-Family Districts and Two-Family Districts every rear yard and interior side yard, and in Multi-Family Districts every rear yard and interior side yard for a dwelling house or row house, shall begin at a level not higher than the grade level or, where the grade level of an abutting lot is at a higher level, at a level not higher than the grade level of the abutting lot.

         B.   In Multi-Family Districts every rear yard and interior side yard shall begin at a level not more than five (5) feet above grade level, except that rear yards and interior side yards for dwelling houses or row houses shall begin at the level specified in subsection (a)(1)A. hereof.

      (2)   Use Districts Other than Residence Districts.

         A.   In use districts other than Residence Districts every rear yard or interior side yard for a dwelling house or row house shall begin at a level not higher than the grade level, or where the grade level of an abutting lot is at a higher level, at a level not higher than the grade level of the abutting lot.

         B.   In use districts other than Residence Districts a rear yard or interior side yard for a building other than a dwelling house or row house shall begin at a level not lower than the window sill level of the lowest habitable room or lowest room of human occupancy relying upon natural light or natural ventilation from windows opening thereon, and the height of such yard shall be measured from the bottom of such yard as actually constructed, or from the grade level, whichever is higher.

   (b)   Application of Yard Depth or Width Requirements.

      (1)   The required depth or width of a yard in a Residence District, or for a residence building or building of Institutional H Occupancy Classification in other use districts, shall be the depth or width required for the full height of such yard.

      (2)   The abutting walls of yards provided under the provisions of Section 357.11, may be set back at various levels to provide the required width specified therein.

      (3)   In establishing the required depth of a rear yard or required width of an interior side yard as determined by the height of a building, such height shall be deemed to be the height of that portion of the building which abuts the yard; provided that such height shall not be required to include any portion of the building which extends above the height limit specified in Section 353.01 and is set back from the required yard lines as prescribed in Section 353.02.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)

   Required yard spaces shall be maintained free and unobstructed except for trees and shrubbery, and, in interior side or rear yards, cloths, poles, arbors, garden trellis and similar accessories, and except that the following encroachments shall be permitted.

   (a)   Underground Garage or Accessory Space in Multi-Family Districts. Within the required yard spaces back of the setback building line in a Multi-Family District, an underground garage or other accessory space may be constructed provided the height of such structure, including parapets, piers or railings, shall not exceed five (5) feet above the grade level, and provided such structure does not prevent free access to the rear yard.

   (b)   Front Yard and Side Street Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following front yard and side street yard encroachments shall be permitted in any use district:

      (1)   Front yard and side street yard encroachments permitted under Chapter 3109, and Chapter 3113, except that in a Dwelling House District no entrance canopy shall be erected, and no marquees or fixed or retractable awning shall project more than six (6) feet beyond the building line or within ten (10) feet of the street line.

      (2)   Steps and landings, and their appurtenant railings, balustrades and parapets, leading up or down to floor levels directly above or below the grade level.

      (3)   Fences and walls, as regulated in Chapter 358.

      (4)   Open porticos or porches projecting not more than eight (8) feet, and enclosed porches, balconies or vestibules projecting not more than four (4) feet.

      (5)   Structures permitted by division (a) of Section 3113.10, division (a) of Section 3113.13 and Section 3113.16 or where not so permitted, gasoline pump islands, sign poles or similar temporary and easily removable structures, provided that conditional and temporary permits therefore are granted, subject to appropriate conditions and safeguards by the Board after public notice and public hearing, and provided, further, that the erection, maintenance and use thereof do not conflict with the intent and purposes of this Zoning Code.

      (6)   For one (1) to four (4) family dwelling structures, wheelchair lifts, including platform and appurtenant structures, set back a minimum of five (5) feet from any public right-of-way and a minimum of three (3) feet setback from any other property line, to be removed when no longer in use.

      (7)   For one (1) to four (4) family dwelling structures, wheelchair ramps set back a minimum of five (5) feet from any public right-of-way and a minimum of three (3) feet from any other property line, to be removed when no longer in use, and meeting slope requirements and all other requirements of the Ohio Building Code, and as determined by collaboration between the City Planning Commission office and the Department of Building and Housing:

         A.   designed to minimize the length of the ramp; and

         B.   located in a side yard or rear yard unless such placement is determined to be infeasible, thereby necessitating location in a front yard.

   (c)   Rear Yard and Interior Side Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following rear yard and interior side yard encroachments shall be permitted in any use district:

      (1)   In rear yards only, accessory buildings and uses in connection with Residence Occupancy as defined and limited in Section 337.23, and similar accessory buildings and uses in connection with buildings of Institutional H Occupancy Classification. Accessory buildings or uses attached or forming part of a main building shall be permitted to encroach upon such rear yards to the extent permitted for detached accessory buildings or uses.

      (2)   Projections for architectural embellishment listed in Section 3109.08, provided that no main cornice or eaves shall project into a required yard more than two (2) feet, measured horizontally, and no bar or oriel shall be constructed in a required interior side yard and none shall project into a required rear yard more than eighteen (18) inches, and no other projection shall exceed the maximum permissible projection specified in Section 3109.08 or be so located as to materially obstruct natural light or ventilation.

      (3)   Fixed awnings, as permitted by Section 3109.10.

      (4)   Retractable awnings, as permitted by Section 3109.11.

      (5)   Steps, landings and their appurtenant railings, balustrades and parapets, leading up or down to floor levels directly above or below the grade level, not extending nearer than one (1) foot to a rear or side lot line.

      (6)   Chimneys projecting not more than thirty-two (32) inches, downspouts projecting not more than twelve (12) inches, and ventilating ducts or pipes projecting not more than thirty-two (32) inches and having a maximum aggregate cross-sectional area in any yard and at any level or one thousand twenty-four (1,024) square inches.

      (7)   Fences, walls, hedges or other barriers, as regulated in division (a)(6) of Section 337.23.

   (d)   Temporary Structures. Temporary offices, bridges, barricades and similar structures required for and incident to building construction.

(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)

   (a)   Except as provided in Sections 343.13, 343.21, division (a) of Section 3113.15, division (a) of Section 3113.18 and 3113.21 nothing in this Zoning Code, shall, however, authorize or permit, unless specifically authorized and permitted by the Board of Zoning Appeals, erecting, storing or maintaining beyond the established front building line at or above the grade level of the front yard, any structure, material, vehicle, merchandise, temporary office sign or other advertising matter on any lot used or maintained for any one (1) or more of the following purposes:

      (1)   The parking or servicing of motor vehicles;

      (2)   The sale of motor vehicles or trailers;

      (3)   The wrecking of motor vehicles;

      (4)   The storage of scrap metals or junk;

      (5)   The storage of fuel;

      (6)   The storage of building materials;

      (7)   The storage of contractor’s equipment;

      (8)   Any similar use of an open lot or premises.

   (b)   Where the front setback building line is a minimum of ten (10) feet in depth, the Board of Zoning Appeals may, after public notice and hearing, permit the usage of no more than one-half (1/2) of said building setback area adjacent to the setback building line for the purpose of accessory parking and/or the display for sale of automobiles in a General Retail Use District or any other less restrictive use district. Such permission shall be conditioned upon the placement of landscaping in the remaining setback and erection of a structurally sound barrier at least one and one-half (1-1/2) feet high located midway between the sidewalk and the setback building line. In a General Retail District or any other less restrictive use district, the Board of Zoning Appeals may permit more than one- half (1/2) of the setback to be used for accessory parking when the Codified Ordinances require that the permit is subject to approval by either the City Planning Commission or Landmarks Commission and the design has been approved by the appropriate commission. In such a case, the height of screening provided as part of the design may exceed the limits in Section 357.13. The plan for accessory parking in more than one-half (1/2) of the setback plan must be determined by the Board of Zoning Appeals to be in conformity with the purpose and intent of the Zoning Code and must not have a significantly adverse effect on the surrounding area.

   (c)   As used in division (b) of this section “landscaping” generally includes contouring the earth and providing an arrangement of plant materials, to enhance the quality of a natural setting. Landscaping design may provide for a wide variety of plant materials including ground covers, flowers, shrubs, and trees. Landscaping may also include the design of outdoor amenity areas and outdoor pedestrian parks and plazas which contribute to the urban landscape form.

(Ord. No. 958-95. Passed 7-19-95, eff. 7-28-95)

   (a)   Except where prohibited in General Industry and Semi-Industry Districts, a residence building or building of Institutional H Occupancy Classification may be erected in the rear of a main building in any use district if required front, rear and side yards are provided and the distance between such buildings is not less than forty (40) feet, and if free and unobstructed entranceway is provided for access from the street to the rear building. If only one (1) or two (2) families are to be accommodated in such rear residence building the entranceway shall be not less than eight (8) feet wide, and for each additional family, two (2) feet shall be added to the required eight (8) feet. Entranceways of corresponding widths shall be provided for buildings of Institutional H Occupancy Classification of corresponding number of occupants, but such entranceways shall not be required to be more than twenty (20) feet in width. A front yard not less than twenty (20) feet in depth across the full width of the lot shall be provided for the rear residence building or rear building of Institutional H Occupancy Classification, which yard shall be independent of the rear yard, if any, required for the front building.

   (b)   A building not of Residential Occupancy or Institutional H Occupancy Classification may be erected in the rear of a main building of Residential Occupancy or Institutional H Occupancy Classification if the latter building is provided with all required yard spaces, and provided that, where necessary to serve windows intended to provide required natural light or required natural ventilation for such rear building, the rear building is provided with independent yards or courts conforming to the applicable provisions of this Zoning Code.

   (c)   When a building is placed on the same lot or plot with another building so that any window of either receives required natural light or required natural ventilation from the space between, and neither building is a residence building or building of Institutional H Occupancy Classification, the width of such space shall be not less than the sum of the widths of the two (2) interior side yards that would be required by this Zoning Code, if each such building were on a separate lot and adjacent to a lot line, but in no case less than ten (10) feet.

   (d)   The provisions of this section shall not be interpreted to authorize any construction in violation of any provision of Chapter 355.

   (e)   The provisions of this section shall not be interpreted to prohibit permitted accessory buildings in rear yards.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   Width and Area of Required Courts.

      (1)   General Provisions. No court serving a required window shall be less in any part than the minimum sizes prescribed in this section and no court, required or not, shall be less than five (5) feet in width.

      (2)   Outer Courts Opening on Alleys. When an outer court opens directly upon an alley extending parallel to the opening, one-half (1/2) the width of such alley may be assumed to be a portion of such court.

      (3)   Widths of Courts Serving Habitable Rooms.

         A.   Every outer court required to serve windows in habitable rooms shall have a width at any level of not less than four (4) inches for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet; such width at any level shall be not less than three (3) inches for each foot or fraction thereof of the height of such court at that level, but not less than five (5) feet; and except that where the length of an outer court is ten (10) feet or less, the minimum width may be five (5) feet.

         B.   Every inner court required to serve windows in habitable rooms shall have a width at any level of not less than one (1) foot for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet; such width at any level shall be not less than eight (8) inches for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet.

      (4)   Widths of Courts Serving Other than Habitable Rooms. Every outer or inner court required to serve windows in other than habitable rooms shall have a width at any level of not less than three (3) inches for each foot or fraction thereof of the height of such court at that level, but not less than five (5) feet.

      (5)   Widths of Irregular Shaped Courts. In the case of irregular or segment-shaped courts, the average width of such court shall be not less than the required width of such court, provided that no such court shall be less than five (5) feet in width at any point.

      (6)   Area of Courts.

         A.   The cross-sectional area of a required inner court at any level shall be not less than one and one-half (1-1/2) times the square of its required width.

         B.   The cross-sectional area of a required outer court at any level shall not be greater than three (3) times the square of its width; for outer courts greater in length than three (3) times the required width, the width shall be increased so that the cross- sectional area shall be not greater than three (3) times the square of its width.

   (b)   Application of Court Width and Area Requirements.

      (1)   In Residence Districts, and for buildings of Residential Occupancy or Institutional H Occupancy Classification in other use districts, the required width and cross-sectional area of a court at its highest level shall be the width and cross-sectional area required for its full height.

      (2)   Except as provided in subsection (b)(1) hereof, walls of courts may be set back at various levels to provide the width and cross-sectional area specified in this section.

   (c)   Air Intakes for Courts Serving Habitable Rooms. Every court serving one (1) or more habitable rooms that does not open for its full height on one (1) or more sides on a street, alley or other permanent open public space, or upon a yard conforming to the provisions of this Zoning Code, shall be connected, at or near the bottom, with a street, alley or other permanent open public space, or with a yard conforming to the provisions of this Zoning Code, by an intake or passage. Such intake or passage shall have a cross-sectional area of not less than twenty-one (21) square feet, and shall be maintained fully open at both ends and unobstructed for its full size and length, except that grilles may be permitted at the ends.

   (d)   Encroachments upon Required Courts.

      (1)   Every court shall remain unobstructed for its required width and full height, except that for outer courts, cornices, eaves and downspouts projecting not more than twelve (12) inches from a wall, ordinary window sills or belt courses projecting not more than four (4) inches from a wall, and fixed or retractable awnings as limited by Sections 3109.10 and 3109.11 respectively, shall be permitted to encroach upon such required court dimensions; and except that clothes poles, arbors, garden trellises and other similar accessories shall be permitted.

      (2)   In inner courts no projections of more than four (4) inches into the required dimensions shall be permitted, except that downspouts may project to the extent required for their installation, and except that fixed and retractable awnings may project to the extent permitted by Sections 3109.10 and 3109.11, respectively.

   (e)   Drainage and Accessibility of Court Bottoms.

      (1)   The bottom of every court shall be properly graded and drained and shall be roofed, paved or suitably grassed over or landscaped. Courts shall be maintained in a clean and sanitary condition.

      (2)   Every court that is not otherwise accessible at the bottom shall be made accessible by a door or other means to enable it to be properly cleaned.

(Ord. No. 573-18. Passed 7-18-18, eff. 8-17-18)