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A.
No required yard or other open space around an existing building or which is hereafter 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, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
B.
On any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of this title and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:
1.
For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').
2.
On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') in R-1-10, R-1-8, R-1-6, R-2 and R-3 zones, or less than ten feet (10') in R-4 and R-5 zones, and the other side yard shall be not less than five feet (5') in all residential zones.
C.
On any interior lot where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard.
D.
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.
E.
Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, may project into a yard not more than five feet (5'), and the ordinary projections of chimneys and flues are permitted.
F.
No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty-five percent (25%) of the rear yard.
G.
Detached garage or accessory building that is placed a minimum of six feet (6') behind the main dwelling and that has an area greater than two hundred (200) square feet shall not be located closer than two feet (2') to the side and rear property line. The two feet (2') includes the wall and/or roof eave.
H.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the board of adjustment, and any attempted conveyance or lease in violation hereof shall be void.
I.
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the board of adjustment.
J.
One zero side yard may be permitted when approved by the planning commission and city council, and only if the following requirements are met:
1.
The remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which it is located for all parallel side zero lot lines. The remaining side yard for all (duplex-type) alternate side zero lot lines may be reduced to a minimum of not less than ten feet (10'); provided, that the lot adjacent to it is also built as a duplex-type zero lot line or conventional single-family home;
2.
No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard;
3.
No zero side yard will be permitted on the lot side bordering on a nonresidential zone or on a residential lot not utilizing zero side yard provisions;
4.
Use of the zero side yard provision is contingent upon development of or commitment to development of a zero side yard on an adjoining lot.
K.
Utility substations, communication towers and dishes, water tanks, water well and pump buildings, sewer lift stations, electric transformers, power and telephone poles/towers, water reservoirs, and structures which house equipment for utilities and communications which serve the general public and are of a public utility nature, are allowed only as a conditional use in any zone.
L.
When a patio roof cover is attached to a dwelling in the rear yard, the edge of the roof shall not be located closer than twenty feet (20') to the rear property line; and the roofline of the patio roof cover cannot exceed the height of the existing roofline of the dwelling. Any attached patio roof that is located closer than twenty-five feet (25') to the rear property lot line shall not be enclosed with walls in any manner so as to make the patio interior habitable space.
M.
Zoning regulations pertaining to minimum lot area, minimum lot width, minimum yard setback and required frontage on a street shall be determined by the planning commission's approval of the site development plan, but shall not adversely affect the adjacent property.
(1985 Code § 19-3-4; amd. Ord. 577, 5-24-2000; Ord. 772, 10-19-2010; Ord. 937, 8-17-2021)