§ 13-1-164. Intrusions into Required Yards.

The minimum setback requirements of Sections 13-1-161 and 13-1-162 establish the minimum required yards for all uses, except those exempted by the provisions of this Section:

(a)

Prohibited Reduction. No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this Chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this Section.

(b)

Required Lot Area Allocations Not to be Transferred. No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.

(c)

Conflict Between Required Bufferyards and Setbacks. In instances where the required bufferyard width (per Section 13-1-249) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard.

(d)

Permitted Intrusions Into Required Yards. The following intrusions by buildings and structures are permitted into the specified required yards:

(1)

Permitted Intrusions Into Required Front or Street Yards.

a.

Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than 2½ feet into the required yard.

b.

Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of Section 13-1-286 and provided they do not locate closer than 5 feet from the front or street property line.

c.

Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance; provided they do not locate closer than 20 feet from any street right-of-way.

(2)

Permitted Intrusions Into Required Rear or Side Yards.

a.

Sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than 2½ feet into the required yard.

b.

Fences may locate on the property line. Permitted fence types shall comply with the provisions of Section 13-1-299.

c.

Fire escapes (on residential buildings) which do not extend more than 3 feet into the required yard.

(3)

Permitted Intrusions Into Required Rear Yards.

a.

Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend more than one foot above grade; provided they do not locate closer than 20 feet to the rear lot line.

(e)

All Front Yard and Street Yard Areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard.

(Ord. No. 04-677, § 2, 10-11-04)