ARTICLE 12. GENERAL YARD AND SPACE STANDARDS

10-1-1201: YARDS OPEN AND UNOBSTRUCTED:

Every yard shall be open, unoccupied, and unobstructed vertically except for projections and encroachments authorized by this Code. [Formerly numbered Section 31-140; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1202: FRONT YARDS NOT TO BE PAVED:

[Formerly numbered Section 31-141; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3669, eff. 7/5/05; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-1203: YARDS CANNOT SERVE OTHER BUILDINGS OR LOTS:

No yard or open space area shall be used to meet the requirements of this chapter for more than one (1) structure, nor shall a yard or open space on one (1) lot be used to meet yard or open space requirements on any other lot unless the two (2) lots are owned by the same person and are developed as a single parcel. [Formerly numbered Section 31-142; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1204: REQUIREMENTS ON THROUGH LOTS:

Front yards as required for the zone in which the lot is located shall be maintained at each end of a through lot. [Formerly numbered Section 31-143; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3669, eff. 7/5/05.]

10-1-1205: UNDEDICATED STREETS:

All land within the undedicated portion of a partially dedicated or future street shall remain open and unobstructed. Such land shall not be counted in meeting any yard and open space requirements of this chapter. [Formerly numbered Section 31-144; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1206: ACCESS TO UTILITY POLES:

Whenever a utility pole is situated on a lot, required yard areas shall be maintained to provide unobstructed access to the pole. [Formerly numbered Section 31-145; Renumbered by Ord. No. 3058, eff. 2/21/87; 2193.]

10-1-1207; 1208 AND 1209:  

[Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-1210:  

[Deleted by Ord. No. 3669, eff. 7/5/05; Formerly numbered Section 31-148; Renumbered by Ord. No. 3058; Amended by Ord. No. 3200, eff. 9/1/90.]

10-1-1211: MISCELLANEOUS ENCROACHMENTS:

A.    DEFINITION AND APPLICABILITY.

The requirements of this Section apply to all non-residential zones only. For the purposes of this Section, “REQUIRED YARD” means the minimum yard depth as specified in this Chapter for the zone in which the lot is located. The encroachments specified herein are measured from the required setback line, not from the exterior wall of the structure.

B.    FIRE ESCAPES.

Fire escapes may project into any required yard not more than four (4) feet but shall not reduce the clear width of the yard to less than three (3) feet.

C.    EAVES, CORNICES, CANOPIES, ETC.

Eaves, cornices, canopies, belt courses, sills and other similar architectural features may project into any required front yard not more than four (4) feet, and may extend into a required side or rear yard not more than two (2) inches for each one (1) foot of the width of such required side or rear yard; provided, however, that where the required side yard is in excess of three (3) feet, eaves may project to within 30 inches of the side lot line. On corner lots and reverse corner lots, eaves may not project more than three (3) feet into the required side yard abutting the side street.

D.    UNCOVERED PORCHES, PATIOS AND PLATFORMS.

Uncovered porches, patios and platforms or landing places which do not extend above the level of the first floor of the building may extend into any required front yard not more than five (5) feet; into a court not more than 20 percent of the width of the court or five (5) feet whichever is less; and into any side or rear yard a distance that allows for safe exiting use. An openwork railing not to exceed 42 inches in height may be installed or constructed on any such porch, patio, platform or landing place.

E.    STAIRWAYS, HANDICAP RAMPS AND BALCONIES.

Open, unenclosed stairways, handicap ramps or balconies not covered by a roof or canopy may project into a required front yard not more than four (4) feet. On corner lots and reverse corner lots, open, unenclosed stairways, handicap ramps or balconies not covered by a roof or canopy may project into the required side yard abutting the side street not more than three (3) feet.

F.    PORTE-COCHERE.

Porte-Cocheres may extend into a side yard but are limited to 25 feet in length along the side lot line.

G.    UTILITY POLES.

Utility poles servicing the property may extend into the side yard two (2) feet from the lot line.

H.    GARAGE DOORS.

Garage doors shall not, when open or being opened, project beyond any lot line.

I.    ACCESSORY APPLIANCES.

When approved by the City Planner, accessory appliances such as swimming pool equipment, water heaters, air conditioning equipment and the like may be located in any side or rear yard provided they do not prevent passage through such side or rear yard and are covered or concealed in such a manner as to not be objectionable when viewed from adjoining property.

J.    CHIMNEYS.

Chimneys may extend into a required side yard to a distance of not less than 30 inches from the side lot line, provided, however, that on corner lots and reverse corner lots, chimneys may not project more than two (2) feet into the required side yard abutting the side street. [Formerly numbered Section 31-149; Amended by Ord. No. 3676, eff. 8/16/05; 3669, 3267, 3245, 3200, 3181, 3136, 3120, 3058, 2742, 2420, 2204, 2193, 2183.]

10-1-1212: AUTHORITY OF BUILDING DIRECTOR TO GRANT EXCEPTIONS:

The Building Director is authorized to grant, upon such conditions and restrictions as they may determine, such exceptions from the zoning provisions of this chapter dealing with building, yard and fence setbacks as may be in harmony with the general purpose and intent thereof, so that the spirit of the zoning provisions shall be observed, public safety, necessity and welfare secured, and substantial justice done. In no case shall the exception granted exceed ten percent of the required setback. [Added by Ord. No. 2598; Formerly numbered Section 31-149.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]