The yard requirements stipulated elsewhere in
this chapter may be modified as follows:
A. Uncovered stairs, landings, and fire escapes may project
into any yard but not to exceed six feet and not closer than three
feet to any lot line.
B. Architectural projections, such as chimneys, flues,
sills, eaves, belt courses, and ornaments, may project into any required
yard, but such projection shall not exceed one foot.
C. Accessory uses and detached accessory structures:
[Amended 8-20-2002 by Ord. No. 1698(12); 8-5-2003 by Ord. No. 1729(9)]
(1) Are permitted in the rear yard only in all residential districts; accessory uses and detached accessory structures may be permitted by the Plan Commission to be placed in side yards in the A-1, B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, P-1, PUD (nonresidential) and Q-1 Districts under site plan review (see §
315-137, Site plans) but shall not be allowed to be placed closer to a lot line than the minimum required side yard of the zoning district within which such accessory uses and detached accessory structures are placed;
[Amended 11-9-2006 by Ord. No. 1812(16)]
(2) May be permitted by the Plan Commission to be placed within street yards in the M-2 and Q-1 Districts under site plan review (see §
315-137, Site plans) (unless prohibited by existing deed restrictions or protective covenants) but shall not be allowed to be placed closer to a street right-of-way line than the minimum required building setback of the zoning district within which such accessory uses and detached accessory structures are placed;
(3) Shall not be closer than five feet to the principal
structure;
(4) Shall not exceed the height of the principal structure
or 25 feet, whichever is less, in all residential districts and in
the B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, PUD (nonresidential)
and Q-1 Districts shall not exceed the maximum height limitations
of the zoning district within which such accessory uses and detached
accessory structures are placed;
[Amended 11-9-2006 by Ord. No. 1812(16); 6-7-2011 by Ord. No. 1925(2)]
(5) Shall not occupy more than 20% of the existing rear
yard area in all districts except in the B-1, B-2, B-2A, B-3, I-1,
M-1, M-2, M-3, M-4, PUD (nonresidential) and Q-1 Districts where such
accessory uses and detached accessory structures shall not occupy
more than 50% of the rear yard area or side yard area; and
[Amended 11-9-2006 by Ord. No. 1812(16)]
(6) Shall not be closer than three feet to any lot line
nor 10 feet to any alley line in all residential districts, except
in residential districts the required ten-foot setback from the alley
line may be reduced to the average of the setback of the abutting
structures on each side, but in no case less than five feet.
[Amended 6-3-2008 by Ord. No. 1861(3)]
D. Off-street parking is permitted in all yards of all districts but shall not be closer than eight feet to a street right-of-way line and four feet to other property lines. Parking lots located within the B-2 Central Business District are exempt from this requirement in accordance with §
315-48.
[Amended 10-1-1991 by Ord. No. 1352(22)]
E. Essential services, utilities, and electric power
and communication transmission lines are exempt from the yard and
distance requirements of this chapter.
F. Landscaping and vegetation are exempt from the yard
requirements of this chapter.
Additions in the street yard of existing structures
shall not project beyond the average of the existing street yards
on the abutting lots or parcels.
The required street yards may be decreased in
any residential or business districts to the average of the existing
street yards of the abutting structures on each side but in no case
less than 15 feet in any residential district and five feet in any
business district except in the B-2 Central Business District.
Structures shall provide a street yard as required
by this chapter on the street that the structure faces. A second street
yard shall be provided on the side of the structure abutting a second
public or private street. The setbacks on each street shall be the
same distance.
Where a lot is located partially within the
FW Floodway District and a minimum of 50% of the lot is located within
any other adjoining use district, that portion of the lot in the FW
Floodway District may be utilized to meet the area requirements of
the adjoining use district.
Sirens, whistles, and bells which are maintained
and utilized solely to serve a public purpose are exempt from the
sound-level standards of this chapter.
[Added 10-2-1990 by Ord. No. 1313(17)]
A. Awnings in B-2 Central Business District.
(1) Awnings may be placed upon any building or structure
located in the B-2 Central Business District upon the following conditions,
and such awning shall be permitted to extend beyond the lot line of
the parcel and over the public right-of-way above the sidewalk on
the following conditions:
(a)
A detailed set of plans shall be submitted to the Building Inspector for his review, and the Building Inspector shall issue a permit for the construction and installation of the awning if it conforms with this Subsection
A.
(b)
The awning shall extend not more than four feet
beyond the building upon which it is placed and not closer than two
feet to the back of curb where it abuts the public sidewalk.
[Amended 11-6-2001 by Ord. No. 1651(55)]
(c)
The awning shall not be greater than five feet
in height (as measured from the bottom of the awning to the top of
the awning), unless authorized greater in the HPO District by the
Historic Preservation Commission, and shall not be less than 7.5 feet
above the sidewalk (as measured from the bottom of the awning).
[Amended 11-6-2001 by Ord. No. 1651(55)]
(d)
The awning shall be constructed of cloth, canvas,
sheet metal, or other lightweight material. Awnings located in the
HPO Historic Preservation District shall be constructed of cloth,
canvas or other material(s) approved by the Historic Preservation
Commission.
[Amended 11-6-2001 by Ord. No. 1651(55)]
(e)
The awning shall contain no signs or advertising
except as otherwise permitted by this chapter.
(f)
The awning shall not have any external lighting
but may have incandescent lighting for safety or security.
(2) The Building Inspector shall issue a permit for construction
of the awning if it meets the above conditions.
B. Awnings in all other districts.
(1) Materials. No person shall hereafter erect or maintain
any awning of any material, except cloth or canvas, over any sidewalk
or other public place in the City without an awning permit.
(2) Construction. All awnings, except temporary awnings
as hereinafter provided for, hereafter constructed or maintained over
any sidewalk or other public place shall be elevated at least seven
feet five inches at the lowest part thereof above the surface of the
sidewalk and shall project not more than seven feet beyond the building
line and not closer than two feet to the back of the curb where it
abuts the public sidewalk. All such awnings shall be supported without
posts by brackets or by frames attached to the building so as at all
times to be safe and leave the sidewalk wholly unobstructed thereby
and so that they may be lowered and raised with safety and convenience.
(3) Temporary awnings. Awnings without side curtains may
from time to time be erected and maintained across the sidewalk of
any street for temporary use as a protection during inclement weather
only; provided, however, that such awning shall be made of canvas
or cloth and shall be supported by upright posts not exceeding two
inches in diameter and not less than eight feet nor more than 10 feet
in height above the sidewalk and shall not be wider than the entrance
of the building in connection with which it is to be used. Awnings
with side curtains may be erected for a limited time upon issuance
of a special permit by the Building Inspector.
(4) General regulations. The owner or occupant of any
building shall at all times keep the awning line front of such building
free from ice, snow, dirt or other obstructions. Nothing shall be
suspended from any awning over any sidewalk.
(5) Removal of awnings. All awnings erected, constructed,
maintained or operated in a manner different from that specified in
this section shall be removed by the owner, agent or person in possession
or control of the building or part thereof to which such awning is
attached within five days after notice to do so from the Building
Inspector.
(6) The awning shall contain no signs or advertising except
as otherwise permitted in this chapter, and requirements for such
signs or advertising which are more restrictive than those set forth
herein shall apply.
C. A permit issued pursuant to this section shall not
expire, but a new permit shall be required if the awning is replaced
or if signs or advertising thereon is changed.
D. Any permit issued pursuant to this section shall not
cause the City of Burlington, its employees or agents to be responsible
in any way whatsoever to the owner/applicant or any person injured
by an awning constructed pursuant to this permit if said awning extends
beyond the lot line of the owner/applicant and above the City right-of-way/sidewalk,
and the owner or applicant shall indemnify the City for any claims
made because of such permit.