Sec. 27-283. Additional yard requirements and exceptions.
(a) In all zoning where lots comprising forty percent (40%) or more of the frontage, on the same side of the street between two (2) intersecting streets, are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage.
(b) Where a proposed right-of-way line has been established for future widening or opening of a street or a highway upon which a lot abuts, then the depth or width of a yard shall be measured from such established line.
(c) Setback requirements pertaining to any new buildings, structures, signs or parking on properties affected by street and highway improvement projects which have involved the acquisition of additional right-of-way from adjoining properties shall be measured from the right-of-way line which existed prior to any right-of-way actions for said project and not from the new right-of-way line resulting from said right-of-way actions; provided, however, in no event shall said new building, structure or parking be located less than fifteen (15) feet from the new right-of-way line unless otherwise allowed in the zoning district where located. In addition, any existing building, structure or parking affected by said project shall be allowed to relocate at the same setback from the new right-of-way line as the existing building, structure or parking was from the right-of-way line which existed prior to any right-of-way actions; except that no part of any such relocated building, structure or parking shall extend beyond the new right-of-way line into said right-of-way and shall comply with the provisions of Sec. 27-290 of this Code.
(d) Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty (30) inches and provided further, that canopies or open porches may project a maximum of six (6) feet into the required front or rear yard; and open porches extending into the required yard shall not be enclosed.
(e) An open fire escape may project into a required side yard not more than one-half the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
(f) A through lot having one end abutting a limited access highway, with no access to the highway, shall be deemed to front upon the street which gives access to that lot.
(g) In all industrial districts, buildings or structures within three hundred (300) feet of, within the same block as, and on the same side of a street as property in a district requiring a front yard of less than that required in the industrial district, may conform to the required front yard setback of the other district requiring the lesser front yard setback.
(h) On lots where it is found that a dwelling or a structure, other than a sign, has been constructed within a required front, side or rear yard, and such encroachment does not exceed five percent (5%) of the required front, side or rear yard which was in effect at the time the dwelling or structure was built, upon application to the zoning official or his or her designee with a plot plan of such lot made by a registered surveyor showing the encroachment, such encroachment may be administratively waived by the zoning official or his or her designee. Said administrative waiver shall be noted on the plot plan, signed by the zoning official or his or her designee, and filed of record in the office of the Register of Deeds of Madison County at the applicant's expense. An administrative waiver of the encroachment shall have the same effect as if a variance to the encroachment had been granted by the board of adjustment.
(i) Handicap ramps may encroach into the required yards provided they do not obstruct pedestrian or vehicular traffic, or encroach into an easement, required off-street parking area or a sight triangle. Canopy or other protection of a handicap ramp shall comply with the provisions of subsection (4) of this section.
(j) When computing the depth of a required rear yard for any building or structure where such yard abuts an alley, one-half (1/2) of such alley may be assumed to be a portion of the required rear yard.
(k) All buildings or structures located upon unplatted tracts of land shall have a one hundred (100) foot setback from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation or erection of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate on which the sign is located agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign.
(l) All buildings or structures located upon a tract of land platted after the effective date of this amendment must have a setback not less than the minimum front yard setback requirement as indicated in the zoning designation of which the property is located within from any property line abutting a limited access street, controlled access street or any street classified as an arterial street as defined in this chapter except that signs meeting the setback requirements set forth in Sec. 27-331 shall be allowed if, prior to the installation of said sign, an agreement is entered into wherein the owner of the sign and the owner of the real estate agree that in the event a city, county or state project would subsequently require the sign to be moved, the property owner and/or the sign owner would agree to relocate the sign at their expense and indemnify and hold harmless the city, county or state from any liability occasioned by the moving of the sign.
Source: Ord. No. 4170, § 3, 5-20-96; Ord. No. 4603, § 1, 9-16-02