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Oakland City Zoning Code

§ 59-47

Lot and building regulations.

A. 
Adoption of schedule. The schedule entitled "Schedule Limiting Lot and Yard Sizes of Bulk Principal Building and Use: Required Yards Subject to All Notations" is hereby adopted and shall be considered a part of this chapter. The regulations listed in said schedule for each zone are hereby adopted and prescribed for such zone and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
Compliance to schedule. No principal building shall hereafter be erected nor shall any existing principal building be structurally altered, enlarged, rebuilt or moved, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot width and area, building location, percentage of lot coverage by building area, minimum livable floor area and other space and area regulations designated and set forth in said schedule for the zone in which such principal building or space is located, subject to such modifications thereof and such general provisions as are set forth in said schedule.[2]
[Amended 6-26-2013 by Ord. No. 13-Code-688]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C. 
Height limitations.
(1) 
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limit designated in said schedule for the zone in which said building or structure is located, except the height limitations set forth in this chapter shall not apply to church spires; belfries; cupolas; penthouses; or roof structures for the housing of elevators, ventilating fans, air-condition equipment or similar equipment required to operate or maintain the building; utility poles; flagpoles; off-premises signs; television or radio antennas or aerials; CATV antennas; water storage towers and tanks; chimneys and smokestacks; stand pipes; fire and parapet walls; similar features; and necessary mechanical appurtenances usually carried above the roof level and with regard to off-premises sign, no such sign shall exceed the height limitation listed in § 59-65.1. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. Nothing in this provision shall be deemed to permit on-premises signs of any kind to exceed the height limits for any district as prescribed in this chapter.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(2) 
Public and quasi-public buildings. Public buildings, churches and church schools may exceed the height limitations of this chapter, provided that the minimum front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limits herein established for such district in which such building is erected; provided, further, that in no case shall any such building have a height exceeding 50 feet.
D. 
Projections into required open spaces. All yards and courts required under this chapter shall be entirely free of buildings and structures or parts thereof and shall be open to the sky and unobstructed, except for the following:
(1) 
All accessory buildings and structures hereafter erected or altered on interior lots shall comply with the regulations as set forth in Schedule B: Accessory Buildings on Inside Lots. All accessory buildings and structures hereafter erected or altered on corner lots shall comply with the regulations as set forth in Schedule C: Accessory Buildings on Corner Lots.[3]
[Amended 6-26-2013 by Ord. No. 13-Code-688]
[3]
Editor's Note: Said schedules are included as an attachment to this chapter.
(2) 
Cornices and eaves. Cornices and eaves may project no more than two feet into any required yard or court.
(3) 
Ornamental features, balconies, etc. Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court. Any open fire balcony or fire escape may project into a required yard not more than four feet.
(4) 
Bay windows, porches, etc. Ground-story bay windows, oriels or balconies, and one-story open porches or porte cocheres may project not more than three feet into any minimum required rear yard. Such projections shall only be permitted where the side yard is at least 10 feet in width, and in no case shall such projection project more than three feet into a minimum required side yard, as established in this subsection for projections.
(5) 
Chimney, shaft, etc. A chimney, smoke stack, flue or elevator shaft may project into any required yard or court, provided that the horizontal section of the projection does not exceed eight square feet in any residential zone or nine square feet in any business zone.
(6) 
Walls, fences, steps, etc. The requirements of this chapter respecting yards and courts shall not apply to any necessary retaining wall or steps, nor to any fence or wall which is less than four feet high, except that the erection of an eight-foot-high fence with barbed wire capping is permitted in the 1-1 Zone.
(7) 
Swimming pools shall be constructed behind the front setback line and not closer than 10 feet from either side of property line or a building on the subject property upon which the pool is to be installed, or five feet from the rear property line. The surface area of a pool shall not exceed 50% of the yard in which said pool is to be installed.
[Added 6-26-2013 by Ord. No. 13-Code-688]
E. 
Fences.
[Added 6-21-2000 by Ord. No. 00-Code-380]
(1) 
Fences may be in the front yard, provided that they shall not exceed four feet in height measured from the ground level and shall be constructed so that at least 50% of the fence is open. The following shall also apply to fences which are constructed in a front yard:
(a) 
No fence shall be constructed in the front yard which would impede the vision and safe ingress and egress from driveways and at intersections. The criteria set forth in this subparagraph (a) shall be applicable for corner lots as well.
(b) 
For purposes of this particular subsection E. only, the front yard shall be defined as that yard in which the front door and/or the front of the house is located.
(2) 
No fence shall be constructed in the yard of a dwelling within 10 feet of the roadway to allow access to utilities and for snow plowing purposes.
(3) 
In residential districts, fences located in other than a required front yard shall not exceed six feet in height measured from the ground levels. Any fence in excess of six feet, such as that around a tennis court, shall require a variance and shall meet the minimum side and rear yard requirements for accessory buildings. In nonresidential districts, open wire fences not exceeding eight feet in height measured from the ground level may be erected in the rear or side yard and behind the building setback line. Other types of fences shall not exceed five feet in height.
[Amended 6-28-2006 by Ord. No. 06-Code-532]
(4) 
All fences, whether made of wood, wire, chain-link or other man-made materials, shall be constructed so that the finished side of the fence faces outward. The posts, bracing, supports and other structural members of the fence and the hardware used with the fence shall face the interior of the area enclosed by the fence.
(5) 
No fence shall be constructed of any material harmful to humans or animals. For example, no fence shall be constructed with barbed wire.
(6) 
No fence shall be erected without a construction permit. In considering applications for the erection of a fence, the Construction Code Enforcement Official may require a survey showing the proposed location of the fence with respect to the existing property lines. This subparagraph shall not pertain to decorative fences utilized for gardens, plantings, etc.
(7) 
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.