It is the intent of this article that new storm shelters shall not be located in the required front yard setback in any zoning district, as defined in Chapter
361 of this Code; and that new storm shelters shall not be located in front of the front elevation of existing dwellings, regardless of the front yard setback. Storm shelters shall be installed in accordance with the same setbacks as accessory structures for the zoning districts in which they are installed. However, when there is no reasonable access for construction equipment to a rear yard because of the location of existing structures, a tornado shelter shall be permitted in the front yard of the property, provided:
A. The tornado shelter shall be subject to a minimum setback of at least 10 feet from the front property line and at least five feet from the side property line.
B. The aboveground height of the shelter shall be no greater than 30 inches above the surrounding grade, including all ventilation and access points.
C. Landscape materials shall be provided on all sides of the tornado shelter, excluding an approach for entry into the shelter, for the purpose of screening its view from the street and all adjoining properties.
D. The shelter and approach shall only be visible from the primary structure, or in the case of a side yard installation, the shelter and approach may be oriented to face the rear of the property, in order to adequately screen it from view from the street and adjoining properties.
E. Failure to adequately screen the storm shelter from the view of the street and all adjoining properties shall constitute a violation of this chapter, with each day of non-compliance constituting a new and separate violation of this chapter.
F. There shall be no encroachment on public or private rights-of-way or easements.