(Ord. No. 717, art. I, 10-19-2020)

Any required front yard area shall be used primarily for recreational and ornamental purposes, unless otherwise permitted by this Ordinance. No permanent structures shall be maintained within the required front yard, except porches, fences, and similar items. Front yards shall be further subject to the following:

A.

Existing Neighborhoods.

Where a front yard of greater or less depth than the above specified depth exists in the front of a dwelling or dwellings on one (1) side of a street in any block, the depth of the front yard of any building subsequently erected on that side of the street in that block shall not be less and need not be greater than the average depths of the front yards of such existing dwellings.

B.

Setbacks along Major Streets.

The minimum front yard setback required in Section 9.101 (Schedule of Regulations) shall be increased by five (5) feet for all front yards abutting a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities.

C.

Corner Lots.

Buildings and structures located on corner lots shall comply with the minimum front yard setback requirements from all street rights-of-way. Such lots shall be deemed to have two (2) front yards, for the purposes of this Ordinance.

D.

Double Frontage Lots.

Where a block of double frontage lots exist, one (1) street may be designated by the Building Official as the front street for all lots in the block. Otherwise, both frontages shall be considered front yards for purposes of this Ordinance.

The Planning Commission may reduce or waive the required side yard setback for any principal building in the Office-Service or Business Districts, subject to the following:

1.

Applicable state construction and fire code requirements shall be satisfied.

2.

A setback of not less than 10 feet shall be provided on any side yard which borders on a residential district.

3.

Where a wall facing an interior side lot line contains windows or other openings, a side yard of not less than 10 feet shall be provided.

In calculating the area of a lot that adjoins an alley for the purpose of applying the lot area and setback requirements of this Ordinance, one-half (½) the width of such alley abutting the lot shall be considered as part of such lot.

A.

Minor Height Exceptions.

Chimneys, elevator towers, stage scenery lofts, water towers, mechanical equipment and similar structures shall not be included in calculating the height of the principal building, provided that the total area covered by such structures shall not exceed twenty percent (20%) of the roof area of the building.

B.

Height Exceptions Subject to ZBA Approval.

Height exceptions may be granted by the Zoning Board of Appeals (ZBA) for the following types of structures, subject to the following limitations:

1.

Wind driven energy devices. The maximum height of wind-driven energy devices shall be 35 feet, provided that the device is set back from all property lines following the regulations of the zoning district in which the device is located. The device shall be located in the rear yard, and shall be subject to the state construction code enforced by the City. The device shall conform with applicable engineering standards, and shall not have a fall zone requirement that is detrimental to the surrounding area.

2.

Flagpoles. Flagpoles in Residential Districts shall not exceed the height standards set forth in Section 9.101 (Schedule of Regulations).

In considering such requests, the ZBA shall consider the character of the surrounding uses, the height of surrounding structures, and potential detriment to the use or value of surrounding properties regardless of whether or not a hardship is created.

Fire escapes, chimneys, balconies, egress window wells, architectural features, and similar projections shall be considered part of the primary building for purposes of determining yard and setback requirements. However, limited projections into certain required yards shall be permitted as follows:

Notes Related to above Table:

1.

Bay windows. Bay windows, including their window sills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required yard subject to the following conditions:

a.

Such structures shall not project into any required side yard more than one-third (⅓) of its required width nor more than three (3) feet, provided that the length of any such projection shall not exceed one-third (⅓) of the length of the side yard in which such projection occurs; however, any fire escape so located may be at least ten (10) feet in length.

b.

Such structures shall not project into any required rear yard more than three (3) feet.

2.

Handicapped access ramps. Handicap access ramps in all residential zoning districts are exempt from front, rear, and side yard building setback standards and maximum lot coverage formulas.

3.

Unenclosed terraces, porches, patios, decks, and steps. Unenclosed terraces, porches, patios, decks, and steps may project into a yard subject to the following conditions:

a.

Such structure shall not exceed three (3) feet above the surrounding finished grade except for pool decks which may be up to four (4) feet in height, per Section 24.06(E).

b.

Such structure shall not be located closer than five (5) feet from the side, or street lot line.

c.

Such structure shall not be located closer than ten (10) feet from the rear lot line.

d.

Such structure shall not be located closer than six (6) feet from any accessory building.

e.

Such structures shall not be covered by a roof.

(Ord. No. 735, art. I, 9-6-2022)

When determining compliance with the provisions of this Ordinance, the following standardized method for measurement shall apply:

A.

Overhangs.

Where the overhang is three (3) feet or less, including the gutter, setback measurements shall be taken from the outside wall of the building. Otherwise, setback measurements shall be taken from the edge of the overhang.

B.

Lot Coverage.

The maximum lot area covered by all buildings, and any other structures covered by a roof, shall be used to determine compliance with the lot coverage requirements of this Ordinance.

C.

Grade.

The surface plane representing the average of the finished ground level at any point within a site shall be determined as follows:

1.

Average grade. The arithmetic mean of the lowest and highest-grade elevations within a defined area of a lot or parcel.

2.

Finished building grade. The lowest point of intersection between the vertical plane of the exterior wall of a structure and the horizontal plane of the ground surface. Where the ground is not level, the grade shall be determined by averaging the finished grade for each face of the building.

D.

Buildable Lot Area and Open Space Calculations.

Calculation of permitted residential densities and open space requirements shall be subject to the following:

1.

No lot, parcel or portion of same shall be used more than once in such calculation.

2.

Lakes, ponds, state or federally regulated wetlands, retention basins, drain easements, public street rights-of-way and private road easements shall be excluded from area calculations for buildable lot area.

3.

Areas lying within delineated wetlands, detention basins, or drain easements may be used to satisfy up to twenty percent (20%) of any minimum open space requirement of this Ordinance.

4.

Required front, side, or rear yard setback areas for individual dwellings, perimeter yard setbacks or buffer areas for other principal buildings and uses, and areas used for parking, loading or other accessory uses shall be excluded from area calculations for any open space requirement of this Ordinance.

E.

Floor Area.

Measurements of floor area shall be based upon distance between exterior surface of enclosing walls and between center lines of common partition walls for each living unit, and the following:

1.

Gross floor area (GFA). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including a basement floor area where more than one-half (½) of the basement height is above the established lot grade at the building.

2.

Usable floor area (UFA). Eighty percent (80%) of the gross floor area of a building, or that portion of the building area, measured from the interior face of the exterior walls, intended for services to the public or to customers, patrons, clients or patients, and excluding areas intended for storage of merchandise, utility or mechanical equipment rooms or sanitary facilities (for example, the UFA of a restaurant includes the food preparation, dining and serving areas, but not the restrooms, freezer or pantry). Usable floor area shall have a minimum clear height of four (4) feet or more.

No structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the yard and area regulations of the district in which the structure is located:

A.

Lot Standards.

1.

New lots created after the effective date of adoption or amendment of this Ordinance shall comply with all dimensional standards (including lot area and width) of the zoning district where it is located.

2.

No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this Ordinance.

3.

Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this Ordinance shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located.

4.

No yards in existence on the effective date of this Ordinance, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Ordinance.

B.

Number of Principal Buildings per Single-Family Lot.

Only one (1) principal building shall be placed on a lot of record of parcel in a Single-Family residential district. In Single-Family condominium developments, only one (1) principal building shall be placed on each condominium lot, as defined in Section 25.02 (Definitions).

No dwelling shall be built on any lot that does not abut and have direct frontage on an approved street. Indirect access via a dedicated private ingress/egress or access easement shall not be sufficient to satisfy this requirement.

No structures, walls, fences, signs, landscaping or other obstructions to visibility shall be permitted between the heights of two (2) feet and six (6) feet above the existing street grade within a triangular area formed by the intersection of two street right-of-way lines connected by a diagonal across the interior of such lines at points 15 feet from the point of intersection.

Trees shall be permitted in the triangular area provided that limbs and foliage are trimmed so that they do not obstruct visibility or otherwise create a traffic hazard.

ILLUSTRATIONS

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