1. Visibility at Intersections. On a corner lot in any district (except for C-2) nothing shall obstruct view between two (2) and ten (10) feet above the centerline grade of the street in a triangular area bounded by the centerlines of both streets, and a line defined by points on the curb lines seventy-five (75) feet from the intersection of the curb lines with the following exception: trees may be planted within the triangular area defined above, but no closer than a triangular area bounded by the centerlines of both streets, and a line defined by points on the curb lines thirty-five (35) feet from the intersection of the curb lines. When planting a tree within this area the potential maximum diameter of the tree must be taken into consideration to ensure that the tree will not encroach beyond and into the thirty-five (35) feet triangular area. Where any alley (or drive) intersects a street, nothing shall obstruct vision between two (2) and ten (10) feet above the centerline grade of the street in a triangular area bounded by centerlines of the street and alley (or drive), and a line defined by a point on the street right-of-way line and a point on the alley right-of-way line (or edge of the drive) that is ten (10) feet from the intersection of the right-of-way line and the edge of the drive. An exception can be made to the visibility triangle requirement at alleys or drives for trees in instances where the street right-of-way width creates areas where trees cannot be permitted to be planted in an unreasonable manner pending the approval of the Building and Planning Director.
To view a full-size PFD version of the image above, click here. 2. Fences, Walls and Hedges in Residential Districts. In any residential zone, fences, walls, and hedges within the limits of the required front yard may be up to four feet in height, and up to six feet in height may be allowed if the design is determined by the Director of Building and Planning to be in character with the surrounding neighborhood. Fences, walls and hedges in the side yard may be up to six feet in height. Retaining walls may exceed six feet. Properly spaced trees are not considered to be hedges. Fences along a park or playground in any residential zone may be constructed on the right-of-way line and may be constructed up to six feet in height, provided that it allows for visibility at intersections as set out in subsection 1 of this section. All fences and plantings except joint fences shall be so placed that they shall be wholly upon the property of the person setting same and so as to permit maintenance of the fence without trespassing on the adjacent property. The person setting any fence shall erect said fence so that it will be of the best possible appearance toward the outside as toward the interior of the lot in question. Where the rear yard for one lot is the side yard for an abutting lot, the rear yard shall govern to within ten feet of the street right-of-way.
3. Street Frontage Required. No lot shall contain any building used in whole or in part for residence purposes unless such lot abuts a public street. No lot shall contain any building used in whole or in part for commercial or manufacturing purposes unless such lot abuts a public street or an adequate access easement to the lot, providing sufficient ingress, egress and parking, as set out in Section 165.23. Each access easement must be approved by the Council.
4. Accessory Buildings. Accessory buildings may be erected as a part of the principal building or may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are met. A detached garage wholly or partially within the limits of a side yard shall be considered part of the principal building. An addition to the principal building shall not be denied simply because it results in a detached garage (previously considered to be in the rear yard) being located in a side yard, even if the detached garage no longer meets all setback requirements. A minimum separation of six feet must be maintained between the addition and an existing detached garage. Accessory buildings which are not a part of the principal building shall be located only in the rear yard and generally shall occupy no more than thirty percent (30%) of the rear yard. Accessory buildings shall be a distance of at least two feet from alley lines. The distance of the accessory building from lot lines of adjoining lots shall be three feet for buildings with wall heights of eight feet or less. For every additional one foot of wall height, the distance from lot lines of adjoining lots shall be increased by one foot, to a maximum distance of ten feet. On a corner lot, the accessory building shall conform to the setback regulations on the side street. Height of an accessory building shall be no greater than the height of the principal building, and in no case shall be greater than twenty-five (25) feet. Accessory buildings shall be similar or complementary in materials, style and proportion to the principal buildings in the immediate neighborhood. No accessory building shall be constructed upon a lot until the construction of the principal building has been commenced, and no accessory building shall be used unless the principal building on the lot is also being used. Satellite dishes shall be classified under this chapter as an accessory building, with the same requirements for location. Measurements shall be determined from the outer edge of the dish.
5. Corner Lots. For corner lots platted after the effective date of the zoning ordinance, the street side yard shall be equal in width to the setback regulation of the lots to the rear having frontage on the intersecting street. On corner lots platted and of record at the time of the effective date of the zoning ordinance, the side yard regulation shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case there shall be a side yard on the longer street side of the corner lot of not less than fifty percent (50%) of the setback required on the lots to the rear of such corner lot, and no accessory building on said corner lot shall project beyond the setback line of the lots in the rear; provided further that this regulation shall not be interpreted as to reduce the buildable width of the corner lot facing an intersecting street and of record or as shown by existing contract of purchase at the time of the effective date of the zoning ordinance, to less than twenty-eight (28) feet or to prohibit the erection of an accessory building. Where a dwelling or other building is to be placed facing the long side of a corner lot, the short side of the lot shall be deemed as side yard but shall not be reduced to less than twenty-five (25) feet, or the front yard reduced to less than twenty-five (25) feet, but the rear yard may be reduced by not more than thirty percent (30%) to permit use of the lot.
6. Building Lines on Approved Plats. Wherever the plat of a land subdivision approved by the Commission and on record in the office of the County Recorder shows a 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 required in this chapter unless specific yard requirements in this chapter require a greater setback.
7. Lots Not Served by Sewer and Water:
A. Single-Family and Two-Family Dwellings. Where neither public sewer nor public water is available, a minimum of 20,000 square feet lot area and a minimum of 100 feet lot width are required; where public water only is available, a minimum of 10,000 square feet lot area and a minimum of 80 feet lot width are required.
B. Multifamily Dwellings. Where public sewer is not available, special consideration shall be given to determine lot area and width requirements on the basis of soil percolation tests as required and administered by the county sanitarian.
(Ord. 1507 - Feb. 22 Supp.)