Sec. 35.1-23. Supplementary regulations (building projections, setbacks, etc.).
(a) Terraces. A paved terrace shall not be considered to be a building or structure in determination of yard requirements of lot coverage; provided, however, that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure and is not more than three (3) feet above grade. Such terrace, however, may have a guard railing, wall or fence not over four (4) feet high, and shall not project into any yard to a point closer than five (5) feet from any lot line.
(b) Porches. Uncovered porches, decks, or covered but not enclosed porches and decks, may project not more than ten (10) feet beyond the front or rear walls of a building into a required front or rear yard. An exception is on the street side of corner lots, in which case they may project not more than ten (10) feet beyond the side walls of a building into a required side yard, provided the side yard has a width equal to or exceeding the depth of the required front yards on the side street. Any two (2) story or enclosed porch, or one having a roof capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or amount of lot coverage.
(c) Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, may project not more than three (3) feet into any required yard, but not closer than five (5) feet to any lot line. The sum of any bay window projections on any wall shall not exceed one-fourth (1/4th) of the length of said wall.
(d) Projecting features above the roof line. The height limitations of the zoning ordinance shall not apply to flag poles, church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, radio and television antennas for the use of residents of dwellings in apartments, and necessary mechanical appurtenances usually carried above the roof level. Such a feature, however, shall be erected only to a height necessary to accomplish the purpose it is intended to serve, but in no case more than fifteen (15) feet above its lowest point of contact with the roof. The total area covered by such features shall not exceed in cross-sectional area fifteen (15) per cent of the area of the section of roof upon which they are located. Such features as water tanks, cooling towers and bulkheads shall be enclosed within walls of material and designed in harmony with the main walls of the building on which they are located.
(e) Fire escapes. Open fire escapes may extend into any required yard not more than five (5) feet; provided, however, that such fire escapes shall not be closer than five (5) feet at any point to any lot line.
(f) Parapet walls. A parapet wall may extend not more than five (5) feet above the roof of the building on which it is located or five (5) feet above the height limit for the district in which it is located.
(g) Fences and walls. The yard requirements of the zoning ordinance shall not be deemed to prohibit any otherwise lawful fence or wall if each fence and/or wall does not exceed four (4) feet in height in front yards and eight (8) feet in height in side and rear yards in residential districts or ten (10) feet in other districts and if it does not conflict with standards in this section except on a corner lot. On a corner lot, no fence and/or wall shall exceed four (4) feet in height in the required side or rear yard abutting a street when a front yard is required for that block of the side street.
(h) Corner lots. On a corner lot the required side yard abutting a street shall be at least equal to a required front yard for that street. A rear yard shall be provided on each corner lot. The division of inspections shall designate which yard is the rear yard.
(i) Interior lots with double frontage. Interior lots having a frontage on two (2) streets shall have a front yard on both streets as provided herein, except where all lots are designed or designated to face a given street or as may be established by existing dwellings, all of which face the same street, in which cases rear yard requirements may be applied to the street on which the dwellings do not face.
(j) Visibility at intersections. On any corner lot on a dedicated street, no building, fence, wall, hedge or other structure or planting more than three (3) feet in height other than posts, columns or trees separated by not less than six (6) feet from each other, shall be erected, placed or maintained within the triangular area formed by the intersecting curb or edge of pavement lines and a straight line joining points of said lines fifty (50) feet from such intersection. The height of three (3) feet shall be measured above the road surface at the nearest edge of the pavement. This paragraph shall not apply to existing trees provided that no branches are located closer than six (6) feet to the ground.
(k) Future street widening. On any street where a street widening plan designating future right-of-way lines has been officially adopted, the yards required by the zoning ordinance shall be measured from such lines rather than the existing street lines; and where no yard is otherwise required, a yard is hereby required extending back to the future right-of-way line.
(l) Limited access highway. On any limited access highway (including ramps) there shall be provided a yard or setback line of fifty (50) feet from the right-of-way line; and no building, sign, billboard or structure of any type shall be located or erected nearer than fifty (50) feet to such right-of-way line.
(m) Exception for existing alignment of building. Where there are existing buildings in a block, the required front yard shall be the same depth as the average established for such existing building, provided that no front yard shall be required to exceed sixty (60) feet in depth, and further provided that when a setback line is shown on a subdivision plat recorded after the effective date of this section, no front yard shall be required to exceed the setback line on the recorded plat.
(n) Courts. The least horizontal dimension of any court, at any level, shall not be less than the height of any vertical wall forming part of such court, but not less than twenty (20) feet in any case.
(o) Increased side yard width. Where a structure exceeds fifty (50) feet in length along a side yard, the required side yard shall be increased one (1) foot in width for each ten (10) feet of additional building length or fraction thereof.
(p) Private recreational facilities. Private recreational facilities such as swimming pools, tennis courts and basketball courts permitted as accessory uses located on residentially zoned land, shall not be located in any front yard and shall have the following setbacks:
(1) If accessory to a multifamily use, the edge of the facility shall be located not less than ten (10) feet from any lot line.
(2) In the event that such facility is located less than fifty (50) feet from any lot line, it shall be screened according to the regulations of Section 35.1-25.1.10. Utility screening of this ordinance.
(q) Industrial districts adjacent to residential districts. In all instances where an industrial district is adjacent to a residential district, there shall be established in the industrial district a screened yard between the two (2) districts.
When an industrial district and a conforming residential use abut, there shall be required a one-hundred (100) foot setback and a vegetative buffer shall be provided according to the regulations of Section 35.1-25.1.11. Buffering of this ordinance.
(r) Commercial districts adjacent to residential districts. In all instances where a commercial district is adjacent to a residential district, there shall be established in the commercial district a screened yard between the two (2) districts. When a commercial district and a conforming residential use abut, there shall be required a fifty (50) foot setback and a vegetative buffer shall be provided according to the regulations of Section 35.1-25.1.11. Buffering of this ordinance.
(s) Multifamily residential districts adjacent to single-family or two-family residential districts. In all instances where a multifamily district is adjacent to a single-family or two-family residential district, there shall be established in the multifamily district a screened yard between the two (2) districts. When a multifamily district and a conforming single-family or two-family use abut, there shall be required a fifty (50) foot setback and a vegetative buffer shall be provided according to the regulations of Section 35.1-25.1.11. Buffering of this ordinance.
(t) Dedicated street as portion of required buffer. When a dedicated street separates two (2) districts requiring a screened buffer and an additional setback, one fourth (1/4th) of the width of the dedicated street may be used in calculating the additional required setback.
(u) Vehicular access. Vehicular access points to all uses shall conform to the "Standard Entrance Policy" of the city.
(v) A driveway on a residential flag lot, as defined in Section 24.1-5. Words and terms, shall be located a minimum of five (5) feet from all lot lines, unless approval has been obtained for a shared driveway with one (1) of the adjacent lots.
(w) Inaccessibility of public services. In order to protect the health, safety, morals and general welfare of the public the city may restrict or deny a rezoning request due to the inaccessibility of water and/or sewer lines.
(x) Special permit for temporary outdoor promotional attractions. Temporary outdoor promotional attractions incident to a shopping center or other business establishment, such as auto, boat or home shows, pony and hay rides, acrobatic acts and the like, may be permitted by special permit subject in each case to approval by the city manager or his duly designated official and to the following conditions:
(1) Such a permit shall be issued only for use within the B-3, B-4 or B-5 districts.
(2) A permit for any such attraction shall not be issued for a longer period than fifteen (15) days, but may be renewed by the city manager or his duly designated official with or without modification; or may be revoked.
(3) A charge may be made for admission to or use of any such attraction.
(4) No such attraction shall be located within less than one hundred fifty (150) feet of the nearest lot line of any adjacent dwelling.
(5) Lights, music, amplifiers and other noise shall be controlled so as not to be a nuisance to adjacent residents.
(6) The hours of operation shall not extend beyond the normal business hours of the business establishments to which such attractions are incident.
(7) Any other conditions or requirements in each case that may be deemed necessary by the city manager or his duly designated official to protect the peace, health, safety, morals and welfare of adjacent residents and the general public.
(8) In the event the city manager or his duly designated official refuses to issue a permit or revokes a permit previously issued for said promotional attractions, the applicant for such a permit shall have the right of appeal to the city council to review the action of the city manager or his duly designated official. The decision of the city council with regard to such permit shall be final. (Ord. No. O-78-352, 12-12-78; Ord. No. O-81-063, § 1, 4-14-81; Ord. No. O-85-140, § 1, 6-11-85; Ord. No. O-89-248, § 1, 9-12-89; Ord. No. O-90-048, 2-13-90; Ord. No. O-06-070, 6-13-06; Ord. No. O-06-091, 7-11-06)
Last updated date: 10/23/2006 4:15:21 PM