§ 20-908. Yard regulations.

The following requirements qualify or supplement district regulations. Yard measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:

(1)

Every part of a required yard or court shall be open and unobstructed.

(2)

A yard, court, or other open space of one building used to comply with the provisions of this chapter shall not again be used as a yard, court, or other open space for another building.

(3)

Except as provided in the business, industrial and office districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two yards will meet the side yard setbacks.

(4)

On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street.

(5)

The following architectural elements of the principal structure or if the structure is attached to the principal structure shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments):

a.

Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; fire escapes may project a distance not exceeding four feet, six inches; an uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three feet; unenclosed decks and patios may project a distance not exceeding five feet. Other canopies may be permitted by conditional use permit.

b.

The above-named features may project into any required yard adjoining an interior lot line, subject to the limitations cited above.

c.

Porches that encroach into the required front yard and which were in existence on February 19, 1987, may be enclosed or completely rebuilt in the same location, provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard.

d.

Subject to the setback requirements in section 20-904, the following are permitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one-story bay windows may project into the rear yard a distance not to exceed five feet.

e.

Into any required front, rear or side yard: driveways, sidewalks, fences and retaining walls.

f.

The intent of this section is to allow homes built prior to February 19, 1987, to add an open porch as an architectural feature to define the entrance into a residence or update a front elevation.

1.

Homes built prior to February 19, 1987, may have open porches and/or balconies that encroach into the required front yard a distance not exceeding ten feet, provided they maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof line, support columns and steps. This area shall not be enclosed nor screened with mesh, glass, or other similar material. Homes that are on the national register listing or have been considered eligible for listing on the national register shall be excluded from this ordinance unless approved by the national historical registrar's office.

(6)

The placement of any structure within easements is prohibited, except for those structures specified herein. Fences, retaining walls, nonstructural fire pits, sidewalks, pathways, and patios not integral to the principal structure (the first ten feet adjacent to the principal structure shall be considered integral), and other encroachments may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement and at the discretion of the community development director or designee. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement.

(7)

Buildings shall not encroach in to any gas transmission pipeline easement. Additionally, all buildings shall maintain a minimum 20-foot setback from the gas transmission pipeline easement.

(Ord. No. 80, Art. VI, § 11, 12-15-86; Ord. No. 144, § 2, 4-8-91; Ord. No. 274, § 1, 9-22-97; Ord. No. 303, § 2, 5-8-00; Ord. No. 377, §§ 114, 115, 5-24-04; Ord. No. 409, § 5, 1-9-06; Ord. No. 478, §§ 1, 2, 6-22-09; Ord. No. 595, § 7, 5-12-14)