Sec. 26-66. - Setback measurement and exceptions.

All structures shall comply with the setback requirements set forth for each zoning district, and with any special setbacks established for specific uses by article II (zones, allowable uses, and development standards), except as otherwise provided by this article.

Figure Figure 3-2 Setbacks

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(a)

Setback requirements.

(1)

Each yard shall be open and unobstructed from the ground upward, except as provided in this subsection.

(2)

Yards shall be landscaped in compliance with article III, division 5 (landscaping).

(b)

Exemptions from setback requirements.

(1)

Fences or walls constructed within the height limitations within the height limitations set forth in article III, division 3 (fences, walls and hedges).

(2)

Steps, and other site design elements that are placed directly upon the finished grade and are less than eighteen (18) inches above the surrounding finished grade.; and

(3)

Freestanding signs shall be pursuant to sign requirements set forth in article III, division 8 (sign regulations).

(4)

Water features with a water depth of less than eighteen inches (18").

(c)

Measurement of setbacks.

(1)

The front yard setback shall be measured at a right angle from the nearest point of the front property line (or edge of access or utility easement) to the nearest wall of the structure, except as follows:

a.

For a flag lot, the front yard setback shall be taken from the nearest wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way.

(2)

The side yard setback shall be measured at a right angle from the nearest point on the side property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the lot line nearest the public street or right-of-way.

a.

The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point on the street side property line to the nearest wall of the structure.

(3)

The rear yard setback shall be measured at a right angle from the nearest point on the rear property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the rear property line that extends between the side yards, except;

a.

The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

b.

Where the side lot lines converge to a point, a line ten (10) feet long within the parcel, parallel to the front lot line, shall be deemed the rear lot line for the purpose of determining the depth of the required rear yard.

Figure 3-3 Lot Lines

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(Ord. No. 2519, § 5(Exh. A), 2-20-24)