Depew City Zoning Code
§ 260-14
Yard regulations.
A.
General provisions. Every part of a required yard shall remain open and unobstructed to the sky, except as may be permitted pursuant to the exceptions listed below. All required yards are listed within the dimensional tables as shown within in each respective zoning district section found hereinafter.
B.
Exceptions.
(1)
Encroachments. The following are permitted in the required yard areas, provided they comply with all other standards of this and other applicable ordinances. In no event shall any of the following encroach into the public right-of-way.
(a)
Cornices and eaves. Cornices and eaves may not exceed 18 inches over any required yard or court.
(b)
Sills, loaders, belt courses. Sills, loaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court. An open fire balcony or fire escape or a fire tower may project into a required yard not more than four feet.
(c)
Ground story bay windows, oriels or balconies.
[1]
Ground story bay windows, oriels or balconies, having a combined total width not exceeding 1/2 of the length of the wall to which they are attached, may project not more than three feet into any required rear yard or into any required side yard which is over six feet wide.
[2]
No porch, oriel, bay window, balcony or stairway constructed under the provisions of the preceding subsection shall have a width or a greater dimension in excess of twice the distance of its projection.
[3]
An open porch or entranceway may project not further than eight feet into a required front yard.
[4]
A bay window not over one story high may project four feet into a required front yard. Such bay windows shall not occupy more than 1/2 of the wall to which they are attached. Where part of the front wall encloses garage space, such wall space shall not be used to figure length of the bay windows. An open porch or deck, not exceeding one story in height, may project not more than eight feet into a required rear yard.
(d)
Chimney, smokestack, flue or elevator. A chimney, smokestack, flue or elevator shaft may project into any yard or court required as a minimum, provided that the horizontal section of the projection does not exceed 12 square feet in any residence district or nine square feet in any other district, provided that it does not come nearer the side lot line than a distance of three feet.
(e)
Exterior heating, air-conditioning or electrical generator structures in residential districts.
[1]
Except for window-mounted units, no exterior heating or air-conditioning structure or equipment or electrical generators shall be located within five feet of any lot line.
[2]
All such structures shall be placed behind the front building wall and shall not occupy any part of the required front yard.
(f)
Radio and television antennas. Accessory residential radio and television antennas shall not be located within the area of a lot between the front or exterior side lot line and the nearest line of any building on the lot. All such antennas must be set back a minimum distance to an interior or rear property line equivalent to the antenna's height.
(g)
Fences.
[1]
Fences not exceeding six feet in height may be constructed within any rear yard (excluding through lots) or interior side yard.
[2]
Fences not exceeding six feet in height may be constructed within an exterior side yard within residential zoning districts, providing such fence is a minimum of five feet from the adjacent road right-of-way.
(h)
Driveways. Residential driveways accessing attached or detached garages may encroach the required front yard or exterior side yard, providing all such driveways maintain a minimum setback of three feet to any interior, rear or exterior property line and such driveway does not project greater than five feet directly in front of the principal dwelling.
(h) Driveways.tif.png "260-14B(1)(h) Driveways.tif") |
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Permitted Driveway Encroachment |
(i)
Detached garages, sheds, gazebos and pool cabanas within residential zoning districts. Detached garages, sheds, gazebos, pool cabanas and similar detached structures may encroach a required rear yard, providing the minimum setbacks are provided:
[1]
Five feet to an interior property line.
[2]
Five feet to a rear property line when adjacent lots are back-to-back.
[3]
Five feet or 1/2 the height of the structure, whichever is greater when the adjacent lots are back-to-side.
[4]
Five feet between other accessory detached structures.
[5]
Ten feet to a principal structure.
(j)
Portable storage units/construction dumpsters within residential zoning districts. Portable storage units utilized for the temporary storage of household belongings during a household move, or construction dumpsters utilized for the removal of construction debris, may be placed on the driveway for a period not to exceed 14 consecutive days and subject to the following:
(k)
Swing sets, trampolines and children's play apparatus. Children's play apparatus may encroach a rear yard, providing such apparatus is located a minimum of five feet from a rear or interior property line.
(2)
Yards on through lots. Each through lot shall require a rear yard setback equal to the required front yard of any abutting lots on the nonfrontage street.
 Street.tif.png "260-14B(2) Street.tif") |
(3)
Front yards on partially built-up residential blocks. Where 50% or more of the aggregate street frontage on one side of a street between two successive intersecting streets is occupied by buildings, and the average setback distance of existing residence buildings exceeds the required minimum front yard for the district in which the lot to be developed is located, the minimum front yard of that lot shall be the average setback distance of existing buildings on the lots on either side.
(4)
Yards on corner lots.
(a)
The shorter property line abutting streets on a residential corner lot shall be deemed the front lot line.
(b)
The exterior side yard for residential corner lots shall be as follows:
[1]
Ten feet minimum when the rear lot line abuts another rear lot line.
[2]
Eighteen feet minimum when the rear lot line abuts a side lot line of the neighboring lot.
-2 Back to Back.tif.png "260-14B(4)-2 Back to Back.tif") |
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Required Exterior Side Yard — Back-to-Back (rear property line to rear property line) |
-2 Back to Side.tif.png "260-14B(4)-2 Back to Side.tif") |
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Required Exterior Side Yard — Back-to-Side (rear property line to side property line) |
(c)
For corner lots in nonresidential districts, the exterior side yard shall be equivalent to the required front yard for that zoning district.