§ 9136.24. Yards and Open Spaces - Side Yards.

Where the side of a lot abuts a street, there shall be a side yard with a width of at least ten (10) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.

Where the side yard of a lot abuts a lot in a residential zone there shall be a side yard with a width of at least ten (10) percent of the subject lot width except that such side yard shall be at least five (5) feet and not greater than ten (10) feet in width. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.

Where the side of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over thirty (30) feet, no side yard is required. If any side yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above thirty (30) feet.

Each lot used for vehicle dealerships in the CA Zone shall have a side yard setback as described in CMC § 9138.15(D) . Other commercial uses as defined in CMC § 9138.15 shall comply with abovementioned standards from the CR Zone.

Each lot in the MU-CS Zone shall have a side yard setback as described in CMC § 9138.17 , and each lot in the MU-SB Zone shall have a side yard as described in CMC § 9138.18 .

Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have side yard setbacks as follows:

Required side yards shall not be occupied except as provided in CMC § 9136.29 . (Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 10; Ord. 94-1039 § 9)