Any lot of record existing at the effective date of this chapter in any C-1 or R District may be used for the erection of a single-family dwelling, even though its area and width is less than the minimum requirements set forth herein, except as set forth hereafter. Where yard spaces do not meet the requirements of the C-1 or R Districts as given in Article V, Yard, Area and Height Regulations, variances may be requested of the Board as indicated in § 58D. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a permit shall be referred to the Board, which may require that the two lots be combined and used for one main building. Where three or more adjacent lots of record with less than the required area and width are held by one owner, the Board may require replatting to fewer lots, which would comply with the minimum requirements of this chapter.
A. 
Front yards.
(1) 
Residence districts.
(a) 
Principal buildings. In any R District, the front yard depth for any residential building hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided such adjoining lots are improved with principal buildings situated within 200 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall be not less than the average depth of the front yards of all improved lots in the same block front within 200 feet on each side thereof, provided that no dwelling shall be required to be set back more than 60 feet in the C-1 District or more than 50 feet in R Districts and shall not be less than 10 feet.
(b) 
Garages where steep slopes exist. In any C-1 or R District where the natural grade of a lot within the required front yard is so steep, perpendicular to the front lot line at every point along said line, that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, such garage may be located within such front yard, but not in any case closer than six feet to the street line.
(c) 
Through lots. In any R District where a lot runs through a block from street to street, a front yard as required by this chapter shall be provided along each street lot line which is not a side street lot line.
(2) 
Business districts. In any B District, the front yard setback of any building or other structure hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided such adjoining lots are improved with permanent commercial buildings constructed of fire resisting materials situated within 100 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall not be less than the average depth of the front yards of all lots within 100 feet on each side thereof which are improved as described above.
B. 
Side yards.
(1) 
Width of one side yard may be reduced. The Board may authorize the required width of one side yard for a single- or two-family dwelling to be reduced to not less than three feet, provided that the combined side yards shall not be less than the required minimum and provided the distance between the proposed dwelling and another dwelling existing or proposed on an adjacent lot is not less than the required minimum sum of the two side yards.
(2) 
Side yard width may be varied. Where the side wall of a building is irregular, or not parallel with the side lot line, the average width of the side yard shall not be less than the otherwise required least width, provided that the side yard shall not be narrower at any point than five feet, where this chapter would ordinarily require five feet or more.
(3) 
Side and rear yard requirements for nonresidential uses abutting or within a C-1 or R District.
(a) 
Minimum yard requirements. Nonresidential buildings constructed, or uses hereafter established, shall not be located or conducted closer to any lot line in a C-1 or R District than the distance specified in the following schedule, except as provided in § 93-55B(3)(b) hereafter or § 93-41C(2)(b):
Minimum Side or Rear Yard
(feet)
Use
50
Off-street parking spaces and access drives for nonresidential uses
80
Churches, schools and public or semi-public buildings
100
Recreation facilities, entertainment facilities, motels, trailer camps, strip mining and culm banks
150
Facilities for the commercial boarding or care of domestic animals, outside sale or storage of building material or construction equipment, auto salvage operations, breakers and truck terminals.
(b) 
Landscaping or screening provisions. For nonresidential uses listed in § 93-55B(3)(a) abutting a lot in a C-1 or R District, the minimum yards may be reduced to 10% of the above requirements if acceptable landscaping or screening, approved by the Zoning Officer, is provided. Such screening shall be a masonry wall or solid fence, between five and six feet in height, maintained in good condition and free from all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width, planted with an evergreen hedge or dense planting of evergreen shrubs, not less than five feet in height.
C. 
Projections in yards and courts; fencing.
[Amended 11-2-2009 by Ord. No. 6-2009]
(1) 
Side yard fencing shall only be permitted from the rear of the property to the front of the principal structure, and shall not exceed a height of six feet. The height of the fence shall be determined at a vertical line at the natural contour of the land. Fencing from the front of the principal structure to the curb shall not exceed 24 inches and shall have be 80% open as measured at any point parallel to the fence.
(2) 
Fences or walls separating properties shall be constructed of any masonry materials.
(3) 
Front fencing of any kind must be 80% open.
(4) 
Hedging and/or shrubs shall be permitted around the entire property. Said hedging/shrubs shall not exceed a height of six feet, save that said hedging/shrubs extending from the front line of the structure proper to the inside edge of the sidewalk shall not exceed a height of 24 inches. If no sidewalk exists, hedging/shrubs can be no higher that 24 inches from the front of the principal structure to the curb.
(5) 
No fence shall be constructed with the area formed by the right-of-way lines of intersecting streets and a distance of 20 feet from their points of intersection unless the fence is less than 30 inches high and more that 80% open as measured at any point parallel to the fence.
(6) 
The provisions of front yard fencing shall apply within 10 feet of any driveway.
(7) 
Property lines must be verified before a permit for fencing is issued.
(8) 
Any type of barrier erected separating properties is considered a fence.
(9) 
All fencing must follow the contour of the land.
D. 
Height. Utility facilities necessary to serving any area are exempt from height limitations applicable to the various zoning districts.