A building may be constructed, provided that the yard requirements in Article
IV are observed, on any lot which was lawful when created and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed; provided, however, that this exception shall not apply to any two or more contiguous lots in a single ownership at or subsequent to the effective date of this chapter in any case where a reparceling or replotting could create one or more lots which would conform to the above provisions.
The lot or yard areas required for any new building or use shall
not include any part of a lot that is required by any other building
or use to comply with the requirements of this chapter. No required
lot or area shall include any property, the ownership of which has
been transferred after the effective date of this chapter, if such
property was a part of the area required for compliance with the dimensional
requirements applicable to the lot from which such transfer was made.
When there is an existing building on each of the lots adjoining
the lot on which a building is proposed to be erected, and where each
such existing building lies within 100 feet of such proposed building
and lies nearer to the street line than the required front yard depth
elsewhere specified in this chapter, and when each such existing building
is within 100 feet of the proposed building, then:
A. The average
of the existing front yard depths of such adjoining lots shall be
the minimum required front yard depth for the lot on which the proposed
building is to be erected; or
B. The building
may be erected to align with one of the existing building's front,
rear and side yard depths that adjoin the lot.
On every corner lot abutting the intersection of two streets,
a triangular area within the lot shall remain clear of any structure,
wall, fence, planting or other visual obstruction which might cause
danger to traffic by obscuring the view across the lot between the
height of two feet and seven feet above the level of the intersecting
streets; such triangular area shall be delineated by a line drawn
across the lot to connect points on the two street lines at a distance
of 25 feet from the intersection of the street lines.
Completely detached accessory buildings may occupy required
side and rear yards but shall not be located closer than five feet
to any side or rear property line.
A. Accessory structures or buildings shall be set back at least three
feet from alley rights-of-way and from lot lines, except that:
(1) Such setback shall be six feet in the SR District for structures
over 100 square feet of floor area;
(2) No setback is required along the same lot line along which buildings
(such as townhouses) are attached; and
(3) Any animal shelter shall meet principal building setbacks, unless
a more restrictive provision is stated elsewhere in this chapter.
B. Satellite dish antenna. No freestanding satellite dish antenna with
a dish diameter of one foot or greater shall be located within:
(1) The required minimum front yard setback; and
(2) Any setback that would apply to an accessory structure.
C. Corner lots. If a lot is adjacent to two streets, any accessory structure
shall meet the minimum side yard requirements for a principal building
along the street that is not the front lot line.
D. Patio. Ground-level residential patios are not required to be set
back from lot lines.
E. All outdoor spas/hot tubs shall be completely enclosed by a wall
or fence at least four feet high and designed to prevent the unauthorized
entry by children or other persons.
F. Swimming pools.
(1) The water surface of a private swimming pool shall be set back at
least six feet from the lot line of any abutting dwelling.
(2) Any man-made swimming pool with a water depth of greater than 24
inches and a surface area greater than 100 square feet shall be surrounded
by a fence with a minimum height of four feet. The sides of an aboveground
pool may count towards such requirement if the sides are at least
four feet in height above the adjacent ground level and are designed
to deter climbing by small children. Any gate shall be self-closing
and self-latching. Any ladder to an aboveground pool shall be designed
to be raised above four feet when not in use or include a self-closing
and self-latching gate.
G. Fences, walls, and hedges may be located in required yards subject
to the following:
(1) Safe sight distances (§
250-21) shall not be obstructed.
(2) Fences and walls not exceeding four feet in height above the elevation
of the ground may be located in any yard, except that chain-link metal
fences shall be limited to three feet in height.
(3) Fences and walls not exceeding six feet in height above the elevation
of the ground are permitted provided they are outside of a required
minimum front yard.
(4) Fences higher than six feet, but less than eight feet, may be permitted
in a required yard if the applicant proves to the Zoning Administrator
that such height and location are necessary to help protect against
a potential safety hazard. Any height greater than eight feet will
require approval from the Board of Zoning Appeals.
All yards adjoining public streets, except yards adjoining alleys,
shall be deemed front yards.
No principal building or structure shall exceed 35 feet or three
stories in height, and no accessory building or structure shall exceed
20 feet in height; provided, however, that said height limitations
shall not apply to barns, windmills, silos, or other accessory farm
structures, or to belfries, steeples, spires, electric, broadcasting
or utility poles, equipment or towers, water towers, chimneys or smokestacks,
flagpoles, fire or observation towers, cupolas, domes, monuments,
penthouses or roof structures for housing stairways, or to tanks,
ventilating fans, air-conditioning equipment or similar equipment
required to operate and maintain the building.