§ 6-4-1-9. YARDS.

(A)

General Yard Requirements: The following provisions set forth the requirements for required yards and for determining or interpreting unusual yard situations:

1.

Calculation of Minimum Required Yard Space: The minimum yard space required for one (1) building shall not be considered as yard space for another adjoining building.

2.

Maintenance of Minimum Yard Requirements: No lot shall be reduced in area so that the required yards or other open spaces become less than required by this Ordinance.

3.

Setbacks in Residential, Transitional Campus, and University Districts: In residential, transitional campus and university districts, on streets where a setback greater than twenty-seven (27) feet has been maintained for existing buildings on lots having a combined frontage of fifty percent (50%) or more of the total frontage on one side of that portion of the street lying between two (2) intersecting streets, there shall be maintained a front yard setback based on the average setback of those buildings, provided that this regulation shall not be interpreted to require a front yard setback of more than fifty (50) feet nor to permit a setback of less than twenty-seven (27) feet.

4.

Determining of Front Lot Line for Vacant Through Lots, or Corner Lots: On a vacant through lot, or corner lot, any street lot line may be established as its front lot line; except that where two (2) or more through lots are contiguous, and a front lot lien has been duly established on at least one (1) such lot, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along both street lot lines. The Zoning Administrator has the authority to determine the front lot line for a corner lot giving consideration including, but not limited to, the following:

a)

If a building exists on the lot, previous determination of the front yard, conformance to existing required setbacks, existing principal building orientation, and location of building entrances;

b)

Proportions of the lot line dimensions, with preference for the front lot line being the shorter lot line abutting a street;

c)

Pattern of existing development within the neighborhood, specifically of adjacent lots; and

d)

The property owner's expressed desire.

5.

Front Yard Setback Exceptions:

(a)

Where a lot is located between two (2) improved lots, one (1) of which has less than the required front yard setback of the zoning district, the front yard required for the lot shall be determined by averaging the front yard setbacks of the two (2) abutting lots.

(b)

Where a lot is located between an improved lot and a vacant lot or a lot improved or vacant, and a street, the front yard required for the lot shall be determined by averaging the front yard setbacks of every lot within two hundred (200) feet on the same side of the street in the same block.

6.

Flag Lots: Flag lot applications shall require site plan review and a major variation approval for a new plat. The required yards shall be designated as part of the platting process.

(B)

Permitted Obstructions in Required Yards:

1.

General Provisions: Yard obstructions attached to the principal or an accessory structure on a site shall include but are not limited to: permanently roofed terraces or porches, chimneys, bay windows, window-mounted air conditioning units, awnings, canopies, arbors, trellises, balconies, overhanging eaves, unenclosed staircases four (4) feet or more above grade, and enclosed staircases.

A yard obstruction is any of these items extending outside of the allowable building envelope and into a required yard. A yard obstruction may extend into no more than ten percent (10%) of the depth of a required yard, except in cases of overhanging roof eaves and gutters for new additions to existing structures, and open front porches. In such cases eaves and gutters may be constructed so to match or more closely match the existing roof eave and gutter, provided that such projection does not encroach upon an adjacent lot line. Open front porches may extend into no more than twenty-five percent (25%) of the required front yard setback, shall not exceed seven (7) feet in depth, and must maintain a minimum ten (10) foot front yard setback.

These yard obstructions may be located in the yards indicated in Table 4-A, Section 6-4-6.

Building envelopes are established by front, side and rear yard requirements contained in each zoning district.

2.

Obstruction of Sight Lines at Intersection: In no event shall a yard obstruction taller than thirty (30) inches be located within twenty (20) feet of the corner curb line of an intersection.

3.

Modified Yard Obstruction Requirements for the Disabled: The limitations on yard obstructions for stairs in Subsection (B)1 above may, upon application, be modified or waived in their application to the property of a disabled individual by the Zoning Administrator pursuant to the procedures for minor variations set forth in Section 6-3-8-6, "Procedure for Minor Variations and Fence Variations," in order to provide accessible ramp or lift at the entrance(s) to the disabled individual's residence. Waiver of the provisions of Subsection (B)1 above shall require the written consent of the property owner or owners adjacent to the yard affected. Such a ramp or lift may be provided only while a disabled individual resides in the residence.

(Ord. No. 45-O-17 , § 1, 9-11-2017; Ord. No. 40-O-18 , § 1, 8-13-2018)