No yard or lot existing on March 17, 1966, shall be reduced in size or area below the minimum requirements set forth in this chapter. Yards or lots created after March 17, 1966, shall meet at least the minimum requirements established by this chapter.

(Code 1974, § 25-76)

No principal use shall be permitted on any required yard. Accessory uses may be placed on required side and rear yards, provided that they are no nearer than ten (10) feet to the rear property line or five (5) feet to the side property line. Required front yards shall not be occupied by buildings, junked or abandoned automobiles or vehicles, merchandise, or stored materials. The dimensions of required yards shall be modified in the following circumstances:

(1)

Established frontage. If thirty (30) percent or more of the frontage on one side of a street between two (2) intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six (6) feet, the average front yard so established shall be observed. This regulation shall not be interpreted to require a front yard of more than one and one-half (1½) times the depth of the front yard otherwise required.

(2)

Rear alleys. In computing the required depth of a rear yard for any building where the yard abuts an alley, the depth of the lot may be considered as extending to the center of the alley, and the required depth of the rear yard and accessory use setback shall be measured from the center of such alley, rather than from the rear lot line.

(Code 1974, § 25-77)

Certain architectural features, fences, walls, and hedges may project into required yards as follows:

(1)

Cornices, eaves, and sills. Not more than two (2) feet;

(2)

Balconies, bay windows, and chimneys. Not more than three (3) feet into front yards and rear yards, nor more than two (2) feet into side yards;

(3)

Patios and uncovered porches. Permitted in side and rear yards, provided that they are no nearer than three (3) feet to any property line;

(4)

Uncovered stoops. Not more than six (6) feet into a front yard;

(5)

Open fire escapes. Not more than four and one-half (4½) feet into a rear yard;

(6)

Fences, walls, hedges and shrubbery above four feet in height. No more than four (4) feet into front yards, but to any distance into side yards and rear yards, provided that there is no violation of section 22-364;

(7)

Fences, walls, hedges, and shrubbery four feet in height and under. To any distance into all yards, provided that there is no violation of section 22-364;

(8)

Trees. At any place in any yard, provided that no hedge is formed which projects more than four (4) feet into a front yard, provided further, that there is no violation of section 22-364.

(Code 1974, § 25-78)

(a)

Front yard setbacks shall be maintained on any front or side yard adjacent to a public street.

(1)

Exception: (Single-family residential districts only)

a.

The side yard setback may be reduced to that required for principle buildings by the underlying zoning district where:

1.

the public street adjacent to the side yard does not provide sole access to any property on either side of the street in which the corner lot is located; and

2.

does not provide sole access to any property on either side of the street in the next block continuing along that same street alignment in the direction the corner house faces.

OR

b.

The side yard setback may be reduced to that required for principle buildings by the underlying zoning district where:

1.

All lots within the block were developed prior to the original adoption of the City of Dunn Zoning Ordinance; and

2.

Principle buildings, accessory buildings or additions to principle buildings on lots within the block were constructed prior to the original adoption of the City of Dunn Zoning Ordinance and do not meet the corner lot setback requirement; and

3.

The reduction in the setback provides a property owner similar use of the side yard as that of the existing development within the block and other adjacent lots.

(b)

No building, structure, fence, wall, or other obstruction shall be placed within a triangle reserved for safe vehicular sight distance. No plant material exceeding a mature height of thirty-six (36) inches shall be placed within a triangle reserved for safe vehicular sight distance.

A triangle reserved for safe vehicular sight distance shall be defined as follows:

Intersection of two (2) public streets. Each leg of the triangle will begin at the point of intersection of two (2) public rights-of-way. Each leg of the triangle will continue along the public right-of-way to a point twenty (20) feet away from the intersection to an end point. A line connecting the end point of each leg of the triangle shall form the hypotenuse of the triangle.

(Code 1974, § 25-79; Ord. No. 02004-13, 6-3-04)

Where a lot of record on March 17, 1966, is smaller than the minimum size lot permitted in the district in which it is located, such lot may be used as a building site, provided that yards are provided which meet the requirements of the district in which the lot is located. In any case where provision of required yards on a lot of record would constitute unnecessary hardship, the board of adjustment shall determine the size of the yards to be provided.

(Code 1974, § 25-80)

If two (2) or more adjoining and vacant lots of record are in a single ownership at any time after March 17, 1966, and such lots individually have less frontage or area than the minimum requirements of the district in which such lots are located, the lots shall be considered as a single lot which meets the minimum requirements of this article for the district in which such lots are located.

(Code 1974, § 25-81)

(a)

Dimensions and square footage restrictions. See applicable zoning district regulations.

(b)

Reserved.

(c)

Attached accessory buildings. An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.

(d)

Location of accessory buildings in residential districts. Unless attached to, made a structural part of, and having a common wall with the main building, an accessory building in a residential district shall be located on the rear one-half of the lot and at least ten (10) feet from any dwelling existing or under construction on the same lot or any adjacent lot. No such accessory building shall be located nearer than ten (10) feet to any rear lot line or nearer than five (5) feet to any side lot line. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. In the case of an accessory building not exceeding one hundred twenty (120) square feet, such building may be placed within five (5) feet of the rear line.

(Code 1974, § 25-82; Ord. No. O2010-12, 9-14-10)

Fallout shelters, constructed in accordance with specifications approved by the U.S. Government Office of Civil Defense, are permitted as principal or accessory buildings in any district, subject to the minimum yard and location requirements of the district where located, except that the board of adjustment may permit fallout shelters which are to be jointly owned by abutting property owners, as exceptions, to extend to or cross the side or rear property lines, provided that such jointly owned shelters do not exceed a height of thirty (30) inches above average ground level, provided further, that such shelters are located at least three (3) feet from any property not served by such shelters, and that there is no interference with any existing easement.

(Code 1974, § 25-83)

Architectural features and mechanical appurtenances occupying an area no greater than five (5) percent of the total area of a building may exceed the height limits of the district in which such features and appurtenances are located, but in no instance shall the features or appurtenances be higher than one and two-tenths (1.2) times the maximum building height permitted in such district.

(Code 1974, § 25-84)

Temporary use of property for bazaars, carnivals, circuses, religious revivals, sports events, or any temporary use approved by the city manager as similar in nature shall be permitted in any district, provided that property so used is not occupied by such use or by any temporary building housing such use for more than sixty (60) days in any one calendar year, provided further, that such use and all auxiliary and accessory functions connected with such use including off-street parking, are located no nearer than three hundred (300) feet to any building used for single-family dwelling purposes.

Temporary use of property for construction offices shall be permitted in any district at any site where erection, additions, relocations, or structural alterations conforming to the provisions of this chapter are taking place, provided that such construction office shall be removed immediately upon completion of such erection, addition, relocation, or structural alteration.

Temporary buildings in residential districts shall be permitted, when they are to be used only for construction purposes or as a field office located within and for the sale of real estate within a subdivision approved by the city, provided that such construction office shall be removed immediately upon completion or abandonment of construction, and that such field office shall be removed immediately upon sale of ninety-five (95) percent of the lots in the subdivision.

(Code 1974, § 25-85; Ord. No. 02004-11, 6-3-04)

Nothing in this chapter shall be construed to prohibit traffic signs of a public nature when, in the opinion of the city manager or the state highway commission, they are necessary to the safety of the public.

(Code 1974, § 25-86)