When a lot, which is an official lot of record at the time of adoption of the ordinance codified in this title does not comply with the area, yard, or other requirements of this title, an application may be submitted to the board of appeals for a variance from the terms of this title in accordance with the procedure outlined in Chapter 17.12. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible as determined by the board of appeals.

(Prior code Art. XI (Art. VIII § 1.0))

(Ord. No. 20-09, 10-5-20)

A.

Architectural features of buildings such as window sills, cornices, roof overhangs, and unenclosed porches, open fire escapes, fireproof outside stairways, chimneys, and flues may project into the required yard not more than six feet. Decks (or unenclosed porches) may extend a maximum of fifteen (15) feet into the required rear yard and deck or steps a maximum of six feet into the required side yard.

B.

Steps connecting a deck with the ground may extend beyond the fifteen (15) foot projection allowed for the deck but shall be a minimum of ten feet from the rear lot line. All decks must maintain a two-foot distance from a party or common wall and a side property line.

(Prior code Art. XI (Art. VIII § 2.01))

(Ord. No. 20-09, 10-5-20)

Side yards shall not be required for residential dwellings erected above commercial structures.

(Prior code Art. XI (Art. VIII § 2.02))

Signs, awnings, and canopies as attached to and part of a building may project into the front yard in the commercial district only.

(Prior code Art. XI (Art. VIII § 2.03))

(Ord. No. 20-09, 10-5-20)

A.

One story accessory buildings may project into yards; provided that: (a) the building does not occupy more than thirty (30) percent of the rear yard; (b) when more than ten (10) feet from the building and sixty (60) feet from the front yard, it may project into the side or rear yards, providing it projects no closer than six (6) feet to the side or rear lot lines; (c) garage accessory buildings entered from alley or street in the case of double frontage lots, are not closer than ten (10) feet to the street or alley line.

B.

In residential zones, where the lot width existing as of September 1, 2011 is thirty (30) feet or less, side and rear yard requirements for a detached garage or car canopy are as provided in section 17.32.110.

C.

In the village zone (VZ), where the lot width existing as of May 1, 2012, is thirty (30) feet or less, side and rear yard requirements for a private, detached garage or car canopy are as provided in Section 17.36.030.

(Prior code Art. XI (Art. VIII § 2.04); Ord. No. 11-20, 10-17-11; Ord. No. 12-07, 5-21-12)

A.

General. Fences may be constructed in or project into yards, providing, that: (a) no fence or planting more than three feet high shall be located within thirty (30) feet of a street intersection; (b) no fence more than four feet high may be located closer to the front of the lot than the principal building; (c) no privacy fence of a townhouse or duplex dwelling more than ten feet tall by eight feet wide overall; and (d) no fence more than six feet high shall be allowed on any other part of the lot.

B.

Fences over four-feet high on corner lots. For establishing the allowable location of fences over four feet high on corner lots, the front of the lot shall be established consistent with the definition of the term "lot, front of" in section 17.04.020 and no such fence shall be permitted there. such fence may be permitted along the side not qualifying as the front, provided the fence shall not extend closer to the established front of the lot than the nearest front corner of the principal building. Figure 1 illustrates the application of this standard to two example corner lots.

(Ord. 94-9 § 1: prior code Art. XI (Art. VIII § 2.05))

(Ord. No. 23-04, 4-3-23)

Public buildings, places of worship, hospitals, institutions, may exceed the height limits to a total height of seventy (70) feet; providing, all yards required in the particular district are increased one foot for each two feet in excess of the height limitation.

(Prior code Art. XI (Art. VIII § 3.01))

(Ord. No. 17-13, 9-5-17)

Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, spires, radio and television towers, grain elevators, or other such architectural and mechanical appurtenances are exempt from height regulations.

(Prior code Art. XI (Art. VIII § 3.02))