14-4-105 YARD AND SETBACK REQUIREMENTS

The following minimum yard requirements shall apply in the (R) Zone: A. Front Yard – Each lot or parcel shall have a front yard setback of not less than twenty-five (25) feet from the front lot line. Except for corner lots, where the elevation of the ground differs ten (10) feet or more from the curb level, as measured at a point fifty (50) feet from the front lot line and midway between the side lot lines, said front yard setback may be reduced to twenty (20) feet. B. Side Yard; Interior Lot – Each interior lot or parcel of land shall have two (2) side yards as indicated below for the sub-zone in which the lot or parcel is located: Subzone R-3, R-4, R-1 R-F Minimum Side Yard (ft) 8 8 Total Combined (ft) 16 20 C. Side Yard; Corner Lot – On each corner lot or parcel of land, the side yard setback contiguous to the street shall not be less than twenty (20) feet, and shall not be paved or used for vehicle parking, except for a legally constructed driveway or parking area. The interior side yard setback shall be the same as the side yard setback for an interior lot. The twenty (20) foot street side yard extends from the minimum front yard setback to the rear property line. D. Side Yard; Flag Lot – A flag lot shall have a minimum side yard setback equal to the minimum required rear yard setback. E. Side Yard; Deep Setback – Any home that is located more than one hundred (100) feet from the front property line shall have a minimum side yard setback equal to the minimum required rear yard setback. F. Side Yard; Driveway – When used for vehicle access to a garage, carport, or parking area in the rear yard, an interior side yard setback shall include at least eight (8) feet of unobstructed paved surface exclusive of window wells, stairs, door stoops, chimneys and other obstructions. Vehicle access to rear yards shall be in accordance with the minimum dimensions shown on Figure 14-4-1. G. Side Yard; Accessory Structure – No accessory structures shall be allowed in any required side yard setback. H. Rear Yard – Each lot or parcel shall have a rear yard setback of not less than twenty (20) feet. I. Rear Yard; Irregular Lot – On any lot which is not generally rectangular in shape, the required minimum rear yard setback may be an average of the distances measured from the rear corners of the main building directly to the rear property line(s). However, at no point may the main building be closer than fifteen (15) feet to the rear property line(s). J. Accessory Structure, Primary Use Required – An accessory structure shall not be permitted on any lot or parcel of land unless a primary structure is first constructed on the site. If the primary structure is removed and not immediately replaced, any accessory structure must also be removed. A lot or parcel shall not be subdivided such that an accessory structure is located on a lot or parcel without a primary structure. 1. Accessory Structure, Permitted Use – An accessory structure allowed as a permitted use shall meet all of the following: a. The total footprint of any and all accessory structures shall not exceed ten percent (10%) of the entire lot or parcel area, and no lot or parcel shall be reduced in area after the construction of an accessory building, such that it is in violation of this provision. b. An accessory structure shall comply with the following: i. Standard Height and Setbacks. (A) Height Requirements: (1) The maximum height shall not exceed twenty (20) feet. (2) The height to the eave line, measured from the average slope of the ground to the point where the eaves connect to the top of the sidewall, shall not exceed fifteen (15) feet. (3) For a flat or mansard roof, the sidewall shall be measured from the average slope of the ground to the highest point of the roof, including any copying, parapet, or similar feature. (B) Setback Requirements: (1) Required Setbacks: The structure shall comply with all required setbacks applicable to a primary structure. (2) Reduced Setbacks: If the structure is located at least 10 feet behind the front building line of the primary structure the minimum rear and side yards setbacks shall be three (3) feet, and the minimum street side yard setback shall be twenty (20) feet (for corner lots). c. An accessory dwelling unit may comply with the following enhanced height and setbacks: i. Enhanced Height and Setbacks. (A) Height Requirements: (1) The maximum height shall not exceed twenty (25) feet, measured from average grade to the peak of the roof. (2) The height to the eave line, measured from the average slope of the ground to the point where the eaves connect to the top of the sidewall, shall not exceed twenty (20) feet. (3) For a flat or mansard roof, the sidewall shall be measured from the average slope of the ground to the highest point of the roof, including any copying, parapet, or similar feature. (B) Setback Requirements: (1) Required Setbacks: The structure shall comply with all required setbacks applicable to a primary structure. (2) Reduced Setbacks: If the structure is located at least ten (10) feet behind the front building line of the primary structure the minimum rear and side yards setbacks shall be eight (8) feet, and the minimum street side yard setback shall be twenty (20) feet (for corner lots). d. An accessory dwelling unit that does not comply with the setback requirements under section 14-4-105(J)(1)(c)(i) Enhanced Height and Setbacks shall comply with section 14-4-105(J)(b)(i) Standard Height and Setbacks. e. An accessory structure shall be located at least five (5) feet from a primary structure, including eaves, bay windows, chimneys and any other protrusion on either the accessory building or the primary structure. f. No part of an accessory structure, excluding the eaves, shall be closer than twelve (12) feet to any primary dwelling on an adjacent property. g. The eaves of an accessory structure shall be setback at least one (1) foot from any property line. h. An accessory structure shall be designed and constructed so as to prevent roof runoff from impacting an adjacent property. i. An accessory structure shall meet all applicable provisions of the International Building Code. j. An accessory structure shall not encroach on any easements, recorded or otherwise. k. Accessory structures used or designed for vehicle parking shall be connected to the street by a paved driveway. 2. Accessory Structure, Conditional Use – An accessory structure may be allowed as a conditional use in accordance with the following: a. The approval body shall consider the following when reviewing the proposed accessory structure: i. The extent that sunlight, air and view sheds are obstructed/disturbed, ii. The proximity to adjoining structures, iii. The contour of the land, both existing and proposed, iv. Features peculiar to the site and the immediately adjoining properties. v. The location of windows, doors, balconies and other openings that may intrude on the privacy of adjoining property owners, vi. The proposed and potential uses based on the size, configuration and other aspects of the structure. b. The total building footprint of any and all accessory structures shall not exceed fifteen percent (15%) of the entire lot or parcel area, and no lot or parcel shall be reduced in area after the construction of an accessory building, such that it is in violation of this provision. c. An accessory structure shall comply with the following: i. Standard Height and Setbacks. (A) Height Requirements: (1) The maximum height shall not exceed twenty (20) feet. (2) The height to the eave line, measured from the average slope of the ground to the point where the eaves connect to the top of the sidewall, shall not exceed fifteen (15) feet. (3) For a flat or mansard roof, the sidewall shall be measured from the average slope of the ground to the highest point of the roof, including any copying, parapet, or similar feature. (B) Setback Requirements: (1) Required Setbacks: The structure shall comply with all required setbacks applicable to a primary structure. (2) Reduced Setbacks: If the structure is located at least ten (10) feet behind the front building line of the primary structure the minimum rear and side yards setbacks shall be three (3) feet, and the minimum street side yard setback shall be twenty (20) feet (for corner lots). d. An accessory dwelling unit may comply with the following enhanced height and setbacks: i. Enhanced Height and Setbacks. (A) Height Requirements: (1) The maximum height shall not exceed 25 feet, measured from average grade to the peak of the roof. (2) The height to the eave line, measured from the average slope of the ground to the point where the eaves connect to the top of the sidewall, shall not exceed 20 feet. (B) Setback Requirements: 1) Required Setbacks: The structure shall comply with all required setbacks applicable to a primary structure. 2) Reduced Setbacks: If the structure is located at least ten (10) feet behind the front building line of the primary structure the minimum rear and side yards setbacks shall be eight (8) feet, and the minimum street side yard setback shall be twenty (20) feet (for corner lots). e. An accessory dwelling unit that does not comply with the setback requirements under section 14-4-105(J)(1)(c)(i) Enhanced Height and Setbacks shall comply with section 14-4-105(J)(b)(i) Standard Height and Setbacks. f. An accessory structure shall be located at least five (5) feet from a primary structure, including eaves, bay windows, chimneys and any other protrusion on either the accessory building or the primary structure. g. No part of an accessory structure, excluding the eaves, shall be closer than twelve (12) feet to any dwelling on an adjacent property. h. The eaves of an accessory structure shall be setback at least one (1) foot from any property line. i. An accessory structure shall be designed and constructed so as to prevent roof runoff from impacting an adjacent property. j. An accessory structure shall meet all applicable provisions of the International Building Code. k. An accessory structure shall not encroach on any easements, recorded or otherwise. l. Accessory structures used or designed for vehicle parking shall be connected to the street by a paved driveway. m. The approving body may required an increased setback based specified required mitigation.