§ 16-28.008. Required yards and open space, detailed limitations on occupancy.

In addition to general limitations on yard or open space occupancy set forth herein, the following limitations and requirements shall apply:

(1)

Limitations on projections into required yards and open spaces: Eaves, sills, belt courses, energy generation devices, cornices, ornamental features, chimneys, flues, ducts, pipes, window or similarly affixed air conditioners, bay windows, and the like may project not more than 20 inches into any required yard or open space, except where such projections are prohibited by other lawful regulations. For additional provisions related to the placement of structures within yards see section 16-28.006(7).

(2)

Porches and entries in required front yards: Porches and entries, enclosed or unenclosed, may be provided in required front yards, provided that such structures shall not extend more than ten feet into such yards.

(3)

Canopies for commercial, service or industrial uses: In connection with commercial, service or industrial uses in districts where permitted, canopies may occupy required yards adjacent to streets, provided that:

(a)

No portion of such canopy shall be closer than six feet to any street right-of-way (projected vertically); and

(b)

No portion of such canopy shall be closer than 25 feet to any lot line intersecting the street right-of-way line; and

(c)

No portion of such canopy shall be within 25 feet of any street intersection; and

(d)

Such canopy shall not cover more than 20 percent of the required yard over which it extends; and

(e)

Such canopies shall remain unenclosed on three (3) sides.

(4)

Service station pumps and pump islands: Service station pumps and pump islands may occupy a required yard adjacent to a street, provided that no portion of such pump island shall be closer than 12 feet to any street line, or closer than 25 feet to any street intersection. A service station pump island may include, as an integral part of said island, a pay booth provided that said pay booth shall not exceed 75 square feet in size and 10 feet in height. Such a pay booth must be designed for the sole and exclusive occupancy of one (1) station attendant and its use shall be limited to the collection of monies, control of essential functions such as pumps and lighting and similar administrative activities.

(5)

Walls or fences in required yards; height limits: Fences, walls or hedges may occupy required yards as follows; provided, however, that such fence, wall or hedge shall be maintained in a safe and sightly condition and that no such walls or fences create substantial impediments to visibility as prohibiting at section 16-28.008(9). The height of a retaining wall shall be measured as the greatest vertical length from one side of finished grade to the top of said adjacent retaining wall unless specified below.

(a)

In the R-1 through R-5 districts, the following retaining walls and fences are permitted:

(1)

Within the required front and half-depth front yards:

(i)

Where no retaining wall is constructed, fences not exceeding four feet in height may be erected.

(ii)

Not more than two retaining walls with a maximum height of three feet each may be erected, provided however that the face of the upper wall shall be separated from the face of the lower wall by at least a minimum horizontal distance that is landscaped and equal in length to the height of the upper wall.

(iii)

A fence not exceeding four feet is permitted at the top of one of the provided retaining walls.

(2)

Within the required side and rear yards:

(i)

Where no retaining wall is constructed, fences or walls not exceeding six feet in height may be erected or maintained.

(ii)

Not more than two retaining walls with a maximum height of six feet each may be erected, provided however that the face of the upper wall shall be separated from the face of the lower wall by at least a minimum horizontal distance that is landscaped and equal in length to the height of the upper wall.

(iii)

A fence not exceeding six feet is permitted at the top of one of the provided retaining walls.

(3)

Where a driveway is required to be constructed, retaining wall height shall be measured above the existing undisturbed grade of the lot as established by plans meeting the specifications required for soil erosion and sedimentation control by section 74-40 (as it may be amended).

(i)

For retaining walls in any required yard no greater than six feet in height shall be allowed.

(ii)

For retaining walls in any required yard greater than six feet in height shall require a special exception from the board of zoning adjustment in accordance with provision (e) below.

(b)

In the following residential general (R-G) district, fences not exceeding four feet in height may be erected in the front yard. Fences or walls not exceeding eight feet in height may be erected or maintained in the side or rear yards.

(c)

The provisions of (a) and (b) above notwithstanding, in any dwelling district no fence or wall exceeding two and one-half feet in height, as measured from the grade at the intersecting street right-of-way lines, shall be erected or maintained within 20 feet of any street intersection.

(d)

In all other districts, fences may be erected or maintained within any required yard provided they shall not exceed nine feet in height.

(e)

Special exceptions on greater height of walls or fences in required yards: The board of zoning adjustment may grant special exceptions in any district for greater heights only upon finding that:

1.

Such wall or fence is justified by reason of security or privacy and will not unduly prevent passage of light and air to adjoining properties and is not incompatible with the character of the neighborhood;

2.

Such greater height is justified by requirements for security of persons or property in the area;

3.

Such greater height is justified for topographic reasons; or

4.

Such greater height, in the yard or yards involved, is not incompatible with the character of the surrounding neighborhood.

(6)

Active recreation in yards adjacent to streets, residential districts, special exceptions: Swimming pools, tennis courts and other active recreation facilities shall not be permitted in connection with residential uses in residential districts in any yard, required or other, adjacent to a street, other than by special exception granted by the board of zoning adjustment. Such special exception shall be granted only upon findings that:

(a)

The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic; and

(b)

The area for such activity could not reasonably be located elsewhere on the lot.

In connection with such special exceptions, the board may attach conditions and safeguards, concerning fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to assure the tranquility of the neighborhood.

(7)

Limitations on required off-street parking in required yards adjacent to streets in residential districts; limitations on paving such yards: Required off-street parking for uses in residential districts shall be permitted in required yards adjacent to streets only to the extent allowable under the following limitations:

(a)

Such parking shall be permitted only in driveways within such yards, and no parking bays or parking outside such driveways shall be permitted.

(b)

Maximum width of driveways for one- and two-family uses shall be limited to 20 feet (exclusive of flares at the throat); for multi-family uses, to 24 feet.

(c)

Paved area in such driveways shall not exceed one-third of the total area of the required yard. There may be additional paved walkways not exceeding 10 percent of the required yard. The remainder of the required yard shall be maintained in landscaping. Neither walkways nor landscaped area shall be used for parking, required or other, or for the storage of vehicles. The requirements as stated above may be waived through the approval of a special administrative permit as required in section 16-28.011(6) for zero-lot-line development in the R-5 Two-Family dwelling district.

(d)

Limitations on the use of required yards for the purpose of parking or paving for purposes of parking, loading or servicing in certain districts: Except as permitted above, no required yard in the R-1, R-2, R-3, R-4 and R-5, R-G, R-LC and O-I districts shall be paved for the purpose of parking, loading or servicing; nor shall any yard be used for parking, loading or servicing.

(8)

Bus passenger shelters permitted generally; limitations on location: Bus passenger shelters shall be permitted in any district. Such shelters may be erected in any required yard adjacent to a street, provided that in residential districts and in cases where other districts adjoin residential districts without an intervening street or alley, no such shelter shall be erected within 10 feet of any property line intersecting the street, or in locations impeding traffic visibility at street intersections or intersections of driveways with streets.

When located in an SPI-1, SPI-2, SPI-3 or SPI-4 district, bus passenger shelters shall comply with the applicable provisions of the pedestrian space plan (pedestrian circulation plan). No building permit for a bus passenger shelter shall be issued unless a special administrative permit shall have been issued by the director, bureau of planning, under the provisions of sections 16-18.005, 16-18.007 and 16-25.004.

When located in any other district, bus passenger shelters shall be located so that they are adjacent to a public sidewalk that provides a minimum of five (5) feet of unobstructed pedestrian space. No building permit for a bus passenger shelter shall be issued unless a special administrative permit shall have been issued by the director, bureau of planning, under the provisions of section 16-25.004.

(9)

Visibility at intersections: In any district in which yards are generally required adjacent to streets, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede visibility between the heights of two and one-half (2½) feet above the grade of the adjoining sidewalk or right-of-way and eight (8) feet within visibility triangles as described below.

(a)

At street intersections: At street intersections, such visibility triangles shall be maintained to include an area bounded by the first 20 feet along the intersecting edges of the right-of-way (projected where the right-of-way is rounded) and a line connecting the ends of such 20-foot lines.

(b)

At intersections of driveways with streets: At intersections of driveways with streets, such visibility triangles shall be maintained to include an area bounded by the first 20 feet along the intersecting edges of the roadway and 20 feet along the intersecting edges of the roadway and driveway (driving surfaces) projected where rounded and a line connecting the ends of such lines.

(10)

Peddlers and itinerant vendors: Peddlers and itinerant vendors conducting business out-of-doors on private property may conduct such business only in compliance with the following:

(a)

They must have the written expressed consent of the owner to use the business property on which they propose to operate.

(b)

They must have a valid city business license unless otherwise exempted by city ordinance.

(c)

The business use must be a use that is otherwise allowed within the zoning district in which the peddlers or itinerant vendors operate the business.

(d)

The business may not be conducted within the required front and side yard setbacks required by the zoning district in which the business is operated.

(e)

Such business shall not be conducted on or from vacant lots.

(f)

Vending on private property shall also comply with the requirements of Chapter 30, Article XXIV, Vending on Private Property.

(11)

Special exception for satellite receiving dish antennae in the one- and two-family residential districts: Satellite receiving dish antennae shall not be permitted in the one- and two-family residential districts (R-1 through R-5) other than by special exception granted by the board of zoning adjustment. The board may permit the antennae to be erected in any yard, required or other, or attached to the primary or an accessory structure. However, such special exception shall be granted only upon a finding that:

(a)

The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of visual unsightliness, a potential hazard to pedestrian or vehicular traffic movement, or the obstruction of light or air to adjoining properties; and

(b)

The equipment could not reasonably be located elsewhere on the lot. Provided, however, that a problem related solely to signal reception standards shall not be considered sufficient grounds for granting relief under this paragraph.

In connection with such special exceptions, the board may attach conditions and safeguards concerning fencing, screening or other buffering and such other matters as are reasonably required to assure the tranquility of the neighborhood.

(12)

Temporary Storage Containers on single and two-family residential lots: For purposes of this section, the phrase "temporary storage container" shall mean a portable, weather resistant container holding 200 cubic feet or more of storage capacity that is designed and used for the temporary storage or shipment of household furniture, clothing, and other household goods, excluding refuse, and is transported by truck or trailer to desired locations for drop off and retrieval. In the R-1 through R-5 zoning districts, and on all other lots containing an existing single or two-family residential dwelling, temporary storage containers shall be temporarily authorized as accessory to such existing residential principal structures only when in compliance with each of the following requirements:

(a)

Only one (1) temporary storage container is authorized per each such residential lot for a period of time not to exceed 90 days in any 365 day period. This 90 day time limit may be extended only by issuance of a building permit for an accessory shed/garage structure pursuant to the procedures and criteria of the Office of Buildings; and

(b)

Temporary storage containers shall not be located within the visibility triangle set forth in section 16-28.007(9) and shall not be located within 10 feet of the front lot line. Temporary storage containers shall not be located within any public right-of-way, street or sidewalk unless a permit to do so has been issued pursuant to section 138-61 of the Code of Ordinances, provided that no such permit may exceed the 90 day time limit set forth in subsection 12(a) above.

(Code 1977, § 16-28.008; Ord. No. 2002-4, § 3, 2-12-02; Ord. No. 2003-86, § 1, 8-21-03; Ord. No. 2007-48(07-O-0642), § 6, 8-23-07; Ord. No. 2007-50(07-O-0497), § 1, 9-13-07; Ord. No. 2018-11(18-O-1023), §§ 1.B, 13, 5-16-18 )