A. General. A yard or court shall be unobstructed from the ground up by structures (other than fences, free standing walls, permitted accessory structures, signs, and permitted deviations and projections).
1. Where reference is to a required yard or setback for a structure, the minimum distance from the property line to the structure shall designate the minimum yard.
2. No lot shall be reduced in a way that reduces any required yard or open space below its minimum size.
3. No yard or open space required for a structure on one lot shall serve the same purpose for a structure on another lot.
4. Through lots that front on two streets shall be considered (for required setback purposes) as having two front yards.
5. Doors, windows, and other building features shall not protrude beyond a lot boundary, including when open or in operation.
B. Required yard deviations (where not in conflict with future width line).
1. Required front yard deviations
a. On lots rising in elevation from front to center and exceeding 26% grade, the required front yard may be reduced to not less than 50% of the required minimum.
b. On lots zoned MH, a reduction in the required front yard from 25 feet to 20 feet shall be allowed if necessary to accommodate a longer manufactured home, as long as the total length of the home does not exceed the lot depth minus 44 feet. No manufactured home shall be installed with a reduced front setback unless the reduction is necessary to accommodate the home in conformance with this section.
2. Required side yard deviations.
a. On any interior residentially zoned lot lacking rear access, and where the septic system is in the rear yard, one side yard must measure no less than 11 feet from the eave or dripline of the house to provide access to the rear yard. If this section applies, the opposite side yard may be reduced by no more than three feet, when necessary.
b. On a corner lot backing to a key lot, no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot. The requirements of section
13-07-120 (sight visibility triangle at street intersections) control when they conflict with this paragraph.
c. The required side yard adjacent to an alley may be reduced by up to 50%, provided that the reduced setback plus half the alley width is not less than the required side yard width.
d. On legal nonconforming lots with sub-standard lot widths, a required interior side yard may be reduced by half the lot width shortage as long as the reduction does not exceed 25% of the required interior side yard width.
3. Required rear yard deviations. On lots with a depth less than 280 feet, the width of half of an adjacent existing or planned public or private alley or street right-of-way is counted toward determining whether the lot meets the required rear yard requirement.
C. Encroachment into yards (where not in conflict with future width lines). No structure (other than fences, free standing walls, or signs) shall encroach upon or reduce any open space, required yard, minimum setback requirement, minimum lot area requirement, or parking area as designated under these provisions or under the provisions of the applicable zoning district, except as follows:
1. All yard encroachments.
a. Cornices, eaves, coolers, open balconies, fire escapes, stairways, or fire towers may project no more than five feet into any required yard or court, but no closer than seven feet from any lot boundary.
b. Stills, leaders, belt courses (and similar ornamental features), and chimneys may project two feet into any required yard or court.
2. Front yard encroachments.
a. A bay window, oriel, entrance, or vestibule not exceeding ten feet in width may project three feet into any required front yard.
b. A balcony, carport, or attached open porch may project no more than six feet into any front yard.
3. Rear yard encroachments
a. A bay window, oriel, entrance, or vestibule not exceeding ten feet in width may project three feet into any required rear yard.
b. A balcony, carport, or attached open porch may project no more than ten feet into any required rear yard, but no closer than ten feet from any common lot boundary.
c. A detached accessory structure may be placed in a required rear yard as long as it meets the minimum side yard setback of the lot.
D. Setbacks from streets and alleys (yard depth) are measured from the more restrictive of the following:
1. From the boundary of a full width right-of-way (or what would be a full width right-of-way where only a partial right-of-way exists), or
2. From a future right-of-way line (see subsection
13-07-130 D).
E. Measurements from street or alley centerline are from what would be the centerline if a full right-of-way existed in accordance with the minimum right-of-way widths as designated under subsection
13-07-130 C.
F. Courts that provide natural ventilation or light for rooms must be open to the sky and maintain a minimum dimension of five feet plus one additional foot width for each story above the first.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-120. Prior history: Enacted by Ordinance No. 9, 06/28/1979; amended by Ordinance No. 16, 11/08/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; amended by Ordinance No. 66, 04/29/1982; amended by Ordinance No. 78, 03/11/1983; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 282, 10/22/1992; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 439, 06/25/1998; amended by Ordinance No. 589, 03/25/2004; amended by Ordinance No. 638, 10/13/2005)