The front yard setback requirements of this article for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as such lot is less than the minimum required front year depth. In such case the setback on such lots may be less than the required setback but not less than the average of the existing setbacks of the aforementioned lots, or a distance often ten feet from the street right, whichever is greater.

(Ord. of 5-18-2021)

Editor's note— Ord. No. 2023-024, § 1, adopted Oct. 17, 2023, repealed § 54-316, which pertained to height limitations and derived from Ord. of 5-18-2021; Ord. of 12-21-2021.

In any residential district fences or walls may be erected in a required rear, side, or front yard setback adjacent to a lot line, provided such wall or fence does not exceed six feet in height when located in the front yard setback, and eight feet in height when located in a side or rear yard setback. For retaining walls, the height limitations specified herein shall apply only to the height above the top of the soil retained by such wall. In addition, all fences shall be erected and maintained in accordance with the following requirements and restrictions:

(1)

Inside the property lines and shall not encroach upon a public right-of-way;

(2)

In a safe, sound and upright condition, and present a uniform appearance;

(3)

Such that all supporting members of a fence shall be located on the inside of the fence, and if erected or maintained along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected or maintained. The finished side of fences and walls shall face adjacent properties;

(4)

No fence shall block the vision from any street, roadway, and/or driveway; nor shall it be erected or maintained in such a fashion as to present a hazard to life or property regardless of the height, material, construction and/or location.

(Ord. of 5-18-2021; Ord. of 5-17-2022(3))

(a)

Minor modifications. The planning director is authorized to review and approve administratively a minor modification to subsequent plans and permits for a development within a conditional zoning district or approved by special use permit.

(1)

General limitations. The minor modification shall not involve a change in uses permitted or the density of the overall development or increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development. The modification shall meet all other ordinance requirements.

(2)

Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning or special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:

a.

Comply with underlying zoning standards and other applicable conditions of the approval;

b.

Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.

(3)

Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the planning director, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval. In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:

a.

An adjustment to parking requirements up to the greater of five spaces or 10 percent.

b.

An adjustment to setback requirements up to greater of 24 inches or ten percent.

(4)

Appeals and variances. A decision on a minor modification may be appealed to the board of adjustment as an administrative determination. An application for a minor modification does not preclude an applicant from seeking a variance from the board of adjustment.

(Ord. of 5-18-2021; Ord. of 12-21-2021)