VIII: Board of Adjustments
1. Any part of any yard, open space, off-street parking or loading space required in connection with any building to comply with these regulations shall not be included as part of any yard, open space, or parking or loading space for any other building unless approved as a variance by the Board of Adjustment.
2. A yard or lot existing at the time of adoption of this Ordinance, or created subsequently, shall not be reduced in dimension or area below the minimum requirements set forth in these regulations.
3. Front yards for corner and/or through lots shall be of the depth required by this Ordinance for the district in which the lots are located. The side yard adjacent to the intersecting or parallel street shall be of the depth required by this Ordinance for front yards in the district in which the lot adjacent to the corner and/or through lot is located.
4. Front yards and side yards for corner lots shall be measured from the street right-of -way line; provided that for the purposes of this measurement no city street shall be considered to be less than fifty (50) feet wide. This provision shall not be construed as requiring the dedication of any property to the public.
5. Steps, terraces, decks, carports, bay windows, fire escapes, balconies, open porches, and other unenclosed architectural features may extend into required yard space not more than nine (9) feet, provided that no such projection shall be less than five (5) feet from a side lot line. Enclosing such projection in the required yard space is prohibited.
6. In any required front yard or side yard for corner lots, no fences, walls, trees, hedges or bushes shall be permitted which materially impedes vision across or into such yards above thirty (30) inches in height. No hedge, tree or bush shall be planted along a street, highway or alley at a distance that, when mature, branches of the hedge, bush, or tree will over hang the said roadway so as to impede vision; nor shall the root system interfere with drainage tiles, ditches or utility lines buried along said roadways.
The Administrative Officer will determine the proper distance from a roadway. The decision will be based on the potential growth of the hedge, bush or tree. Fences, walls and hedges are permitted in or along the edge of a yard except as provided above. In Planned Unit Development requiring planned review, the Planning Commission may permit fences, walls and hedges above thirty (30) inches height in the front yard.
7. Additions to a principal structure shall not be less distance from a property line than the standards set for a principal building in the zone in which the structure is located.
Front yard setback lines may be varied by the Board of Adjustment where the average depth of principal buildings on adjoining properties is less or greater than the depth prescribed elsewhere in this Ordinance. In such case, the front yard in question shall not be less than the average depth of existing front yards on the two (2) lots immediately adjoining. (Top)
Every lot upon which a building is erected for use shall either be adjacent to or have direct and permanent access to a public street of at least fifty (50) feet unless otherwise specifically permitted in this Zoning Ordinance. Access to buildings in a Planned Unit Development shall be approved by the Planning Commission. The following restrictions regarding lot access control shall apply:
1. Lots with less than 100 feet of frontage on a public street shall have no more than one (1) point of access to the public street. Lots with more than 100 feet but less than 400 feet shall have no more than two (2) points of access to the public street. Lots with more than 400 feet of frontage shall have no more than two (2) points of access for each 400 feet of frontage.
2. The location of access drives for lots with 400 or more feet of frontage shall be approved by the Planning Commission.
3. No point of access shall be allowed within twenty (20) feet of the intersection of the right-of-way lines of intersecting streets. No curbs on public streets or public rights-of-way shall be cut, removed, or altered nor shall any curb or pavement be constructed within the right-of way without written approval of the Administrative Official. An access drive shall not exceed twenty (20) feet in width for one-way and/or one-lane ingress or egress. Two-way and/or two-lane access drives shall not exceed thirty-five (35) feet in width. Total access to any lot shall not exceed 40% of the lot width. (Top)
Accessory buildings shall be permitted in rear yards only and must be at least six (6) feet from any other buildings on the same lot and six (6) feet from all adjoining lots. On any corner lot adjoining in the rear another lot which is in a residential district, accessory buildings shall conform to the side yard requirements for the residential district.
Residential accessory buildings shall not be used for or involved with the conduct of any business, trade, or industry. Temporary structures and accessory buildings may be allowed for the storage of equipment during construction. No buildings in the rear of a main or principal building on the same lot shall be used for residential purposes unless it conforms to all requirements of this ordinance.
All accessory buildings will be of a material and design that will not detract from the general area in which they are located. All enclosed buildings containing over 100 square feet must have doors that will screen the contents of the building. Free standing structures containing over 100 square feet shall not have single pitch roofs.
Salvage materials, rough sawn planks (unfinished boxing planks), or other unsightly material will not be used unless covered by materials commonly accepted for such purposes. An exception may be made for the use of rough materials for decorative purposes if it is approved by the Administrative Officer.