§ 3-9-5.3. Exceptions to required yards.

In all districts, yards shall be as established by the applicable district regulations except as follows:

(1)

When lots comprising forty (40) percent or more of the frontage on one (1) side of a street between intersecting streets have been developed with the principal buildings having an average front yard with a variance of not more than six (6) feet from the required front yard, the zoning official may approve the issuance of a building permit to provide for a front yard of not less than the average established.

(2)

Where single-family residential lots of record are nonconforming because of width, the minimum side yards shall not be less than ten (10) percent of the lot width, provided that no side yard shall be less than five (5) feet wide.

(3)

If a multifamily, commercial or industrial district abuts a single-family district, no structure shall be erected closer to the abutting single-family zoned property than twenty-five (25) feet or the building height, whichever is greater.

(4)

Every part of required yards shall be open and unobstructed, subject to the following:

a.

Sills and belt courses may project not over twelve (12) inches into a required yard.

b.

Movable awnings may project not over three (3) feet into a required yard, provided that where the yard is less than five (5) feet in width the projection shall not exceed one-half (½) the width of the yard.

c.

Window- or wall-mounted air conditioning units, chimneys, fireplaces, bay windows or pilasters may project not over three (3) feet into a required yard.

d.

Fire escapes, stairways and balconies which are unroofed and unenclosed may not project more than five (5) feet in a required yard.

e.

Hoods, cornices, gutters, roof overhangs, air conditioning units and marquees may project not more than five (5) feet into a required yard, but in no event closer than one (1) foot to the lot line.

f.

Fences, walls and hedges are permitted in required yards, subject to the provisions of section 3-9-72 on fences and walls, and section 3-9-89, visibility at road intersections.

g.

Except as provided by section 3-9-89, visibility at road intersections, nothing in these regulations shall be construed to prohibit landscaping or gardening on any lot.

h.

No structures other than those approved by the county engineer may be located in or project into a drainage easement of record.

(Ord. No. 2014-042, § 1(Exh. A), 11-25-14)