On through lots one hundred fifty feet or less in depth, the
height of a building on such lot may be measured from the sidewalk
level of the street on which the building fronts. On through lots
more than one hundred fifty feet in depth, the height regulations
and basis of height measurements for the street permitting the greater
height shall apply to a depth of not more than one hundred fifty feet
from that street.
(Ord. 9060 § 1600)
Roof structures specifically for the housing of elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, fire or parapet walls, skylights, architectural
features or towers, flagpoles, chimneys, smokestacks, wireless masts
and similar structures may be erected above the height limits prescribed
in this title but no roof structure or any other space above the height
limit prescribed for the zone in which the building is located shall
be allowed for the purpose of providing additional floor space, or
be taller than the minimum height requirement to accommodate or enclose
the intended use.
However, the exception in this section does not apply if there
is a specific provision elsewhere in this title for the protrusions
under consideration.
(Ord. 9060 § 1601; Ord. NS-204 § 12, 1992; Ord. NS-240 § 9, 1993; Ord. NS-675 § 41, 2003)
Except as provided in this chapter, every required yard shall
be open and unobstructed from the ground to the sky. No yard or open
space provided around any building for the purpose of complying with
the provisions of this title shall be considered as providing a yard
or open space for any other building, and no yard or open space on
any adjoining property shall be considered as providing a yard or
open space on a building site whereon a building is to be erected.
(Ord. 9060 § 1602)
When the common boundary line separating two contiguous lots
is covered by a building or permitted group of buildings, such lots
shall constitute a single building site and the yard spaces as required
by this ordinance shall then not apply to such common boundary line.
(Ord. 9060 § 1603)
Where two or more buildings are, by definition of this title,
considered main buildings, then the front yard requirement shall apply
only to the building closest to the front lot line.
(Ord. 9060 § 1604)
The City Planner may adopt a formula or establish standard practices
by which to determine appropriate and practical yards in all residential
zones where geometric shape and dimensions and topography are such
as to make the literal application of required yards impractical.
After the adoption of such formula or standard practices, they shall
be applied as an administrative act.
(Ord. 9060 § 1605; Ord. CS-178 § LXXXII, 2012)
The depth of required front yards may be modified on unimproved
lots intervening between lots having nonconforming front yards or
between a lot having a nonconforming front yard and a vacant corner
lot. A nonconforming front yard shall be deemed to be an area between
the front lot line and the closest part of the main building, and
which is greater or less in depth than that defined in this title
as constituting a required front yard.
(1)
The depth of a nonconforming front yard and the rear line thereof
shall be deemed to be coincident with that portion of the main building
lying closest to the front property line; provided, that the degree
of nonconformity to be credited in adjoining front yards in either
direction from the rear line of the required front yard shall in no
instance exceed sixty percent of the required front yard depth;
(2)
The rear line representing the depth of a modified front yard on any lot as defined in subsection (1) of this section shall be established in the following manner:
(A)
A point shall be established on each improved lot having a nonconforming
or conforming front yard between which are located lots needing adjustment,
and such point shall be located at the intersection of the rear line
of such front yard with a line that constitutes the depth of the lot,
(B)
A straight line shall be drawn from such point across any intervening
unimproved lot or lots, to a point similarly established on the next
lot in either direction on which a main building exists which establishes
a conforming or nonconforming front yard,
(C)
The depth of the modified front yard on any lot traversed by the
straight line defined in subsection (B) above shall be established
by the point where said straight line intersects the line constituting
the depth of each such intervening lot.
(Ord. 9060 § 1606)
A building or structure shall not be erected or maintained on
a lot which abuts a highway having only a portion of its required
width dedicated and where no part of such dedication would normally
revert to said lot if the highway were vacated, unless the yards provided
and maintained in connection with such building or structure have
a width or depth of that portion of the lot needed to complete the
road width, plus the width or depth of the yards required on the lot
by this ordinance, if any. This section applies to all zones and whether
or not yards are required.
This section does not require a yard of such width or depth
as to reduce the buildable width of a corner lot to less than forty
feet.
(Ord. 9060 § 1607)
Front yard requirements shall be measured from the front property
line or the indicated edge of a street for which a precise plan exists.
(Ord. 9060 § 1608)
All corner lots and reversed corner lots subject to yard requirements
shall maintain for safety vision purposes a triangular area one angle
of which shall be formed by the front and side lot lines separating
the lot from the streets, and the sides of such triangle forming the
corner angle shall each be fifteen feet in length, measured from the
aforementioned angle. The third side of the triangle shall be a straight
line connecting the last two mentioned points which are distant fifteen
feet from the intersection of the front and side lot lines, and within
the area comprising the triangle no tree, fence, shrub or other physical
obstruction higher than forty-two inches above the established grade
shall be permitted.
(Ord. 9060 § 1609)
Front and side yard requirements shall not be applicable to
dwellings and apartments erected above stores.
(Ord. 9060 § 1610)
The following intrusions may project into any required yards,
but in no case shall such intrusions extend more than two feet into
such required yards:
(1)
Cornices, eaves, belt courses, sills, buttresses or other similar
architectural features;
(2)
Fireplace structures not wider than eight feet measured in the general
direction of the wall of which it is a part;
(3)
Stairways, balconies and fire escapes;
(4)
Uncovered porches and platforms which do not extend above the floor
level of the first floor; provided, that they may extend six feet
into the front yard;
(5)
Planting boxes or masonry planters not exceeding forty-two inches
in height;
(6)
Guard railings for safety protection around ramps.
(Ord. 9060 § 1611; Ord. 9675 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXIII, 2012)
In any "R" zone, no fence, wall or hedge over forty-two inches
in height shall be permitted in any required front yard setback. In
the required side yard or street side of either a corner lot or reversed
corner lot, a six-foot high fence may be permitted when approved by
the City Planner when the safety and welfare of the general public
are not imposed upon. The issuing of a permit upon the approval of
the City Planner shall be subject to special conditions which may
vary due to the topography, building placement and vehicular or pedestrian
traffic. On an interior lot, a wall or fence not more than six feet
in height may be located anywhere to the rear of the required front
yard.
(Ord. 9060 § 1612; Ord. 9180 § 1; Ord. 9291 § 1, 1972; Ord. 1256 § 14, 1982; Ord. NS-675 § 42, 2003; Ord. CS-102 § XCI, 2010; Ord. CS-164 § 10, 2011)
Shrubs, flowers, plants and hedges not more than forty-two inches in height, and trees shall be permitted in any required yard, except as provided in Section 21.46.100.
(Ord. 9060 § 1613)
The minimum width of the side yard upon which dwellings front
shall be not less than ten feet.
(Ord. 9060 § 1614)
Where two-family dwellings or multiple-family dwellings, group
houses, court apartments or row dwellings are arranged so that the
rear of such dwellings abut upon the side yards, and such dwellings
have openings onto such side yards used as secondary means of access
to the dwellings, the required side yards to the rear of such dwellings
shall be increased by one foot for each dwelling unit having such
an entrance or exit opening into or served by such yard, provided
such increase need not exceed five feet.
(Ord. 9060 § 1615)
Any building which is the only building on a lot or building
site is a main building unless authorized by variance.
(Ord. 9060 § 1616)
Through lots one hundred eighty feet or more in depth may be
improved as two separate lots, with the dividing line midway between
the street frontages, and each resulting one-half shall be subject
to the controls applying to the street upon which such one-half faces.
If each resulting one-half be below the minimum lot area as determined
by this ordinance, then no division may be made and only one single-family
dwelling may be erected upon such lot. If the whole of any through
lot is improved as one building site, the main building shall conform
to the zone classification of the frontage occupied by such main building,
and no accessory building shall be located closer to either street
than the distance constituting the required front yard on such street.
(Ord. 9060 § 1617)
No lot area shall be so reduced or diminished that the lot area,
yards or other open spaces shall be smaller than prescribed by this
ordinance, nor shall the density of population be increased in any
manner except in conformity with the regulations established by this
title.
(Ord. 9060 § 1618)
Greater lot areas than those prescribed in the various zones
may be required when such greater areas established by the adoption
of a precise plan in the manner prescribed by law, designating the
location and size of such greater required areas.
(Ord. 9060 § 1619)
